Chap. V The Cities of Refuge
These places of Refuge, appointed by God, differed from those of Hercules, and Romulus, and other Heathens; because God allowed safety only to those, who were guiltless in respect of their intention: but the others were common Sanctuaries, as well for the guilty as the guiltless. If any man did fortuitously or by chance kill another man, in such a case liberty was granted unto the offender to fly; at first, unto the Altar for refuge, as is implied by that text of Scripture, If any man come presumptuously unto his Neighbour, to slay him with guile, thou shalt take him from mine Altar, Exod. 21. 14. Yea, we may conjecture this custome of refuge to have continued in force always, by the practice of Joab, 1 King. 2. 28. Notwithstanding, lest the Altar might be too far distant from the place where the fact might be committed, it is probable that therefore God ordained certain Asyla, or Cities of Refuge, which for the same reason are thought to have been232 equally distant one from the other in Canaan: The Cities were in number six; Bezer of the Reubenites Country, Ramoth of Gilead, in the Gadites, and Golan in Bashan, of the Manassites: these three Moses separated beyond Jordan, Deut. 4. 41, 43. The other three, appointed by Joshua in the Land of Canaan, were Cadesh in Galilee in Mount Naphthali; Schechem in Ephraim, and Kiratharba (which is Hebron) in the Mountain of Judah, Josh. 20. 7. There are other Cities of like nature: God promised the Israelites, upon condition of their obedience, after their Coasts were inlarged; but it seemeth that disobedience hindred the accomplishment thereof, for the Scripture mentioneth not the fulfilling of it.
Concerning these Cities, the Hebrews note from these words, Thou shalt prepare the way, Deut. 9. 3. That the Senate, or Magistrate in Israel, were bound to prepare the ways to the Cities of Refuge, and233 to make them fit, and broad, and to remove out of them all stumbling-blocks and obstacles: and they suffered not any Hill or Dale to be in the way, nor water-streams, but they made a Bridge over it, that nothing might hinder him that fled thither. And the breadth of the way to the Cities of Refuge, was not less than two and thirty Cubits, and at the partitions of the ways, they set up in writing, Refuge, Refuge: that the man-slayer might know and turn thitherward. On the fifteenth of the moneth Adar, or February, every year the Magistrates sent messengers to prepare the ways.
Furthermore it was provided, that two or three wise men should be imployed, to perswade the Avenger of blood, if haply he did pursue the man-slayer on the way, that he should offer no violence, until the Cause were heard and examined. The manner of examination was thus; The Consistory or Bench of Justices, who lived in that quarter where the murder was committed,234 placed the party being brought back from the City of Refuge, in the Court, or Judgment-Hall, and diligently enquired and examined the cause, who if he were found guilty of voluntary murder, then was he punished with death, but if otherwise the Fact were found casual, then did they safely conduct the party back again to the City of Refuge, where he enjoyed his liberty, not only within the walls of the City, but within certain Territories and bounds of the City, being confined to such and such limits, until the death of the High Priest, that was in those days, at what time it was lawful for the offender to return and come into his own City, and unto his own house, even unto the City from whence he fled, Josh. 20. 6. By this means the offender, though he was not punished with death, yet he lived for the time a kind of exile, for his own humiliation, and for the abatement of his wrath, who was the avenger of blood. The Areopagitæ235 had a proceeding against mans slaughter not much unlike, punishing the offender ἀπενιαυτισμῷ, with a years banishment: Why the time of this exilement was limited to the death of the High Priest at that time, is not agreed upon by Expositors. But it is most probably thought, that the offender was therefore confined within that City as within a Prison, during the High Priest’s life,236 because the offence did most directly strike against him, as being amongst men, ἄρχηγος, Ac princeps sanctitatis, The chief God on earth.
Notes
232 Rab. Salom. Iarchi. Deut. 19.
233 Maimon. in Rotsach. cap. 8. sect. 5.
234 Paul. Fag. Num. 35. 6.
235 Masius in Jos. cap. 20.
236 Masius ibid.