Annotations upon the five bookes of Moses, the booke of the Psalmes, and the Song of Songs, or, Canticles VVherein the Hebrevv vvords and sentences, are compared with, and explained by the ancient Greeke and Chaldee versions, and other records and monuments of the Hebrewes: but chiefly by conference with the holy Scriptures, Moses his words, lawes and ordinances, the sacrifices, and other legall ceremonies heretofore commanded by God to the Church of Israel, are explained. With an advertisement touching some objections made against the sinceritie of the Hebrew text, and allegation of the Rabbines in these annotations. As also tables directing unto such principall things as are observed in the annotations upon each severall booke. By Henry Ainsworth.

CHAP. XIX.

1 The cities of refuge. 4 The privilege of them for the manslayer. 11 The wilfull murtherer must die. 14 The land-mark may not be removed. 15 Two witnesses at the least must stablish every matter. 16 A false witnesse must be diligently inquired into, and done unto as he had thought to doe unto his brother.

WHen Iehovah thy God hath cut [unspec 1] off the nations, whose land Ie∣hovah thy God giveth unto thee, and thou possessest them, and dwellest in their cities, and in their houses; Thou [unspec 2] shalt separate three cities for thee, in the midst of thy land, which Iehovah thy God giveth unto thee, to possesse it. Thou shalt prepare [unspec 3] for thee the way, and shalt divide into three parts the coast of thy land, which Iehovah thy God shall give thee to inherit; and it shall be, that every man-slayer may flee thither. And [unspec 4] this is the case of the man-slayer which shall flee thither and live: who so smiteth his neigh∣bour unwittingly, and he hated him not in time past; As when he commeth with his [unspec 5] neighbour into a wood, to hew trees, and his hand fetcheth a stroke with an axe to cut downe a tree, and the iron slippeth from the wood, and findeth his neighbour, and hee die; he shall flee unto one of these cities, and live. Lest the avenger of the bloud pursue [unspec 6] after the man-slayer while his heart is hot, and overtake him, because the way is long, and smite him in soule, and he had not the judge∣ment of death, because he hated him not in time past. Therefore I command thee, say∣ing; [unspec 7] Thou shalt separate for thee three ci∣ties. And if Iehovah thy God enlarge thy [unspec 8] coast, as he hath sworne unto thy fathers, and give unto thee all the land which he hath spo∣ken to give unto thy fathers: If thou shalt [unspec 9] keepe all this commandement, to do it, which I command thee this day, to love Iehovah thy God, and to walke in his wayes all dayes; then thou shalt adde three cities moe for thee, beside these three. That innocent bloud be [unspec 10] not shed within thy land, which Iehovah thy God giveth unto thee for an inheritance, and so blouds be upon thee. But if a man be a [unspec 11] hater of his neighbour, and lie in wait for him, and rise up against him, and smite him in soule that he die, and fleeth unto one of these ci∣ties: Then the Elders of his citie shall send, [unspec 12] and take him thence, and shall give him into the hand of the avenger of the bloud, and he shall die. Thine eye shall not spare him, and [unspec 13] thou shalt put away innocent bloud from Is∣rael, and it shall goe well with thee.

Thou shalt not remove thy neighbours li∣mit, [unspec 14] which the first fathers have limited, in thine inheritance which thou shalt inherit, in the land which Iehovah thy God giveth unto thee to possesse it.

One witnesse shall not rise up against a man [unspec 15] for any iniquitie, or for any sinne, in any sinne that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall a word be stablished.

When an unrighteous witnesse shall rise [unspec 16] up against a man, to testifie revolt against him: Then both the men, betweene whom [unspec 17] the controversie is, shall stand before Ieho∣vah, before the Priests and the Iudges which shall be in those dayes. And the Iudges [unspec 18] shall make diligent inquisition; and behold, if the witnesse be a false witnesse, and hath testified a falshood against his brother: Then shall yee doe unto him as hee had [unspec 19] thought to have done unto his brother; and thou shalt put away the evill from the midst of thee. And the residue shall heare and [unspec 20] feare, and shall not adde to doe any more such an evill thing as this in the midst of thee. And thine eye shall not spare: soule [unspec 21] for soule, eye for eye, tooth for tooth, hand for hand, foot for foot.

Annotations.

THou shalt separate] in Ios. 20. 7. he useth the [unspec 2] word sanctified; in Num. 35. 11. shall appoint. Here Moses explaineth the sixt commandement, for some speciall lawes concerning it. three ci∣ties] besides those three which Moses had separa∣ted without the river, Deut. 4. 41, 43. These three cities were Kedesh, Shechem, and Hebron, Ios. 20. 7. They were all cities of the Levites: see Num. 35. 6. in the midst] that is, within thy land: as, in the midst of the citie, Ier. 52. 25. is the same that within the citie, 2 King. 25. 19. See also the notes on Gen. 2. 9. This is spoken, because there were no cities of refuge, but in the land which Israel pos∣sessed. See Num. 35. 2.

Vers. 3. shalt prepare] Of this it is said, The se∣nate [unspec 3] (or Magistrates in Israel) were bound to pre∣pare the wayes to the cities of refuge, to make them fit and broad, and to remove out of them all stumbling blocks and offences: and they suffered

not any hill or dale to bee in the way, nor waters streame, but they made a bridge over it, that nothing might binder him that fled thither. And the bredth of the way to the cities of refuge, was no lesse than 32. cubits. And at the partitions of wayes they set up in writing, REFVGE, REFVGE: that the man-stayer might know and turne thitherward. On the 15. of the moneth Adar (or Februarie) every yeare the Magistrates sent out messengers to prepare the wayes, &c. Maimony treat. of Murder, chap. 8. sect. 5, 6. divide into three] because the land was much more long than broad, therefore the ci∣ties of refuge were in three places, equally distant, and so commodious for men to flee unto.

Vers. 4. the case] Heb••. the word; in Greeke, the ordinance of the man-slayer (or murderer.) [unspec 4] and live] or, that he may live. From these words the Hebrew Doctors teach, that a Scholer exiled to the cities of refuge, his Master also goeth with him; as it is written, AND LIVE: But the life of them that love and seeke after wisdome, is without the do∣ctrine of the Law, counted as death. And so the Ma∣ster that is exiled, his schoole goeth with him, &c. Maim. treat. of Murder, chap. 7. sect. 1. smiteth] meaning to death: as the Chaldee translateth, killeth. So, he smote, 2 King. 14. 5. is expounded he killed, in 2 Chron. 25. 3. unwittingly] or, igno∣rantly, unawares; Heb. without knowledge; the Greke saith, unwillingly. hated him not] for hee that was his enemie, though hee killed him una∣wares, might not have the benefit of the citie of refuge, as is noted on Numb. 35. 20. And who is he that hateth? He that for enmitie sake, speaketh not unto him for three dayes. Maim. treat. of Murder, chap. 6. sect. 10. in time past] Hebr. and Greeke, from yesterday and the third day: so in vers. 6.

Vers. 5. As when he commeth] or, And he that [unspec 5] shall come; and thus the Greeke translateth it. a wood] or, forrest. This is a similitude for all like places and cases: but hence the Hebrewes gather, Who so commeth into a mans yard without his leavs, of the man of that house kill him by errour, he is free from being exiled (into the cities of refuge,) for it is said, INTO A WOOD. What is that wood? A place which the slaine person hath libertie to come in∣to. And so all other the like. Maim. treat of Murder, chap. 6. sect. 11. the wood] that is, the helve of the 〈◊〉〈◊〉 findeth] that is, hitteth, or lighteth upon. and live] within his citie of refuge, where hee must abide untill the death of the high Priest, Num. 35. 25. See the annotations there.

Vers. 6. avenger] or, neare kinsman, who is by [unspec 6] dutie to avenge: see the notes on Num. 35 12. 〈◊〉〈◊〉 heart is hot] inflamed with anger, griefe, and desire of revenge; in such heat of minde, the affecti∣ons of men are overcaried to speake or doe that which is not meet. So in Psal. 39. 4. Mine heart was 〈◊〉〈◊〉 within me. because] or, as the Greeke trans∣lateth, if the way belong: Hebr. much. in soule] or, in life, that is, mortally, deadly; which the Greeke translateth, smite his soule: and for smite, the Chal∣dee saith, kill. So in vers. 11. judgement] that is, guilt, as the Chaldee explaines it; that is, hee was not worthy of death: O••, judgement, that is sen∣tence of death by the Magistrate.

Vers. 8. all the land] from the river of Egypt, [unspec 8] unto the great river, the river Euphrates, Gen. 15. 18.

Verse 9. this commandement] in Greeke, these [unspec 9] commandements. This condition being legall, and unpossible for man to fulfill, had not therefore the accomplishment outwardly for the inlarging of their coast, or for adding of three cities moe, for ought that is knowne either by the Scriptures, or Iewish records; and is therefore to be referred unto Christ, spiritually. The Iewes themselves referre it unto Christs dayes, but carnally, as after follow∣eth. in his wayes] the Greeke addeth, in all his wayes: the Chaldee, in the wayes that are right be∣fore him. adde three cities] of this the Hebrewes say; In the dayes of the King Christ, they shall adde three other (cities) unto these sin, Deut. 19. 9. And whence shall they adde them? Of the cities of the Kenizites, and the Kenites, and the Kadmonites; concerning whom a covenant was made with Abra∣ham our father, (Gen. 15. 18, 19.) and hitherto they have not beene subdued; and of them it is said in the Law, If the Lord thy God inlarge thy coast. Maim. treat. of Murder, chap. 8. sect. 4. And in another place the same man saith, (in treat. of Kings, chap. 11. sect. 2.) Of the cities of refuge, he saith, If the Lord thy God shall inlarge thy coast, then thou shalt adde three cities moe, &c. But this thing hath never beene done; and the holy blessed (God) hath not commanded it in vaine. But the Law is not in vaine, though it bee not literally fulfilled in all the precepts; For what the Law could not doe, in that it was weake through the flesh, God (hath done) send∣ing his owne Son, &c. Rom. 8. 3. by him wee have strong consolation, who have fled for refuge, to lay hold upon the hope set before us, Heb. 6. 18.

Vers. 10. That innocent bloud be not] or, as the [unspec 10] Greeke translateth, And innocent bloud shall not be shed: meaning the bloud of the unwilling man-slay∣er, who is not worthy of death, v. 6. and blouds be] that is, the guilt of bloudshed; as the Chaldee expoundeth it, the guilt of the judgement of mur∣der. The Greeke translateth, and there shall not bee in thee a (man) guiltie of bloud.

Vers. 11. smite him in soule] Greeke, smite his [unspec 11] soule, that is, as the Chaldee saith, kill him: as vers. 6.

Vers. 12. the Elders] in Greeke, the Senate. [unspec 12] thence] from the citie of refuge, yea or from the Altar of the Lord, Exod. 21. 14. for, a man that doth violence to the bloud of any person, shall flee to the pi••, let no man stay him, Prov. 28. 17. See more in the annotations on Num. 35.

Vers. 13. put away innocent bloud] that is, as [unspec 13] the Chaldee explaineth it, him that shed innocent bloud. and it shall goe well] or, that it may bee well with thee: or, and good shall be unto thee.

Vers. 14. limit] or, bound, border, land-marke: [unspec 14] whereby every mans inheritance in the land was limited. A sinne great in all places, Iob 24. 2. but greatest in the land of Israel, Gods ho∣ly limit, (or border) Psal. 78. 54. which was

parted by lot of the Lord, Num. 26. 53.—56. and figured the spirituall inheritance which the Saints have in the Church, all the limits whereof are of pleasant stones, Esay 54. 12. and whereof Canaan was a type, as is noted on Gen. 12. 5. Therefore a∣mong the curses pronounced against the breakers of the Law, this is the third, Cursed bee he that re∣moveth his neighbours land-marke, (or limit) and all the people shall say, Amen, Deut. 27. 17. the first fathers] Eleazar the Priest, Iosua the son of Nun, and the heads of the fathers of the tribes of the sonnes of Israel, Ios. 14. 1. The word fathers I supply from Prov. 22. 28. where it is said, Remove not the ancient limit which thy fathers have set; and so the Greeke translateth here, the limits which thy fathers have set; in Chaldee, the ancients. in the land] of Israel, the holy land, Zach. 2. 12. the Lords land, Hos. 9. 3. where this sinne was sacrile∣gious. The Hebrewes say, Hee that removeth his neighbours land-marke, and taketh of his neighbours limit into his owne, though it be but an inch, if he doe it by force, it is rapine; and if he remove it in secret, it is theft. And if in the land of Israel hee remove the marke, he transgresseth against two prohibitions; against stealth or rapine, and against, Thou shalt not remove the limit. Maimony treat. of Theft, ch. 7. sect. 11.

Vers. 15. not rise up] or, not stand, not be stablished, [unspec 15] (as the word is Englished in the end of this verse:) and so the Greeke translateth, shall not abide (or con∣tinue.) The Hebrewes say, They determine not any sentence of matters by the mouth of one witnesse, nei∣ther money matters, nor matters of life and death, Deut. 19. 15. In two places the Law maketh one wit∣nesse faithfull; for the suspected wife, that shee shall not drinke of the bitter waters, (Num. 5.) and for the heifer, that it shall not have the neck cut off, (Deut. 21.) Maimony treat. of Witnesses, c. 5. s. 1, 2. at the mouth] The Chaldee expoundeth it, at the word. From hence the lewes gather, that by law they may not receive witnesse, either in money matters, or in matters of life and death, but from the mouth of the witnesses, (Deut. 19. 15.) from their mouth, and not from a writing of their hand. But by the words of the Scribes they determine money mat∣ters by witnesse, that is, in a bill, although the wit∣nesses be not alive, &c. Maim. treat. of Witnesses, c. 3. s. 4. a word] or, a thing, a matter. The Greeke translateth, every word: and so the Apostles alleage this place, Matt. 18. 16. 2 Cor. 13. 1. which sheweth, that this (as many other like Scriptures) are to be taken in the largest sense: see Deut. 27. 26. be stablished] or, be confirmed; stand as firme and true. So our Saviour saith; It is written in your law, that the testimony of two men is true, Iohn 8. 17.

Vers. 16. unrighteous] so the Greeke translateth [unspec 16] the Hebrew phrase; witnesse of unrighteousnesse (or, of violent wrong, of injuriousnesse.) the Chaldee tran∣slateth, false witnesse: So in Exod. 23. 1. to testifie] Hebr. to answer, which is a generall word for all speaking or testifying, as the Chaldee ex∣ponndeth it, to testifie: so in v. 18. See Exod. 20. 16. revolt] or apostasie, a falling, or turning away from the Lord, as Deut. 13. 5. The Greeke translateth it impiety.

Vers. 17. both the men] or, the two men, that is, [unspec 17] the accuser and the accused. So that one witnesse may cause a matter to be inquired into, though no sentence may be given upon the testimony of one, v. 15. and ch. 17. v. 6. before Iehovah] before his Arke or Sanctuary: in the place which he shall chuse: see Deut. 17. 8. 1 King. 8. 31. before the priests] the Greeke version addeth, and before the Priests, and before the Iudges: See Deut. 17. 9.

Vers. 18. make diligent inquisition] or, inquire [unspec 18] well: which the Greeke translateth, acriboos, that is, exactly, exquisitely, or perfectly, as Act. 23. 20. false] the Greeke translateth this as before, un∣righteous, or unjust. testified] Hebr. answered, as in vers. 16.

Vers. 19. thought] or presumed, presumptuously [unspec 19] devised and enterprised: the Greeke translateth, maliciously thought. Of the originall word Zamam, thought, the Hebrewes call the false witnesse Zo∣mem, the thinker, or presumer, and say, Who so wit∣nesseth falsly, and it bee knowne by witnesses that hee hath witnessed falsly, this man is called [gned Zomem] the false witnesse; and it is commanded to doe unto him as he would have done by his testimony unto his neighbour. If they have testified falsly of a transgres∣sion for which men are guilty of stoning to death, they are all to be stoned; if of burning, they are to be burnt; and so for other deaths. And if they testifie of (crimes worthy) beating, every one of them is to bee bea∣ten, &c. If they testifie of things for which money is to be paid, they pay the money among them, accor∣ding to the number of witnesses, every one shall give the portion that concerneth him, &c. This is meant of witnesses that are found false: but two companies that contradict one another, and so there is no testimo∣ny, they doe not punish the one of them, because it is not knowne which company speaketh falsly. And what is the difference betweene contradiction and falshood? Contradiction is in the testimony it selfe, the one saying, this thing was, and the other saying, this thing was not. Falshood (or forgery) is for the testi∣fiers themselves, when the false witnesses cannot know whether the thing was done or not. As witnesses that come and say, We saw this man kill a person, or be borrowed a pound of such a man, such a day, in such a place; and after they have thus witnessed, and are sear∣ched into, there come two other and say, On this day, and in this place, wee were with you and with these all the day, and there never was such a thing; this man killed him not, or this man borrowed not of that man; loe this is contradiction, and all the like. But if they say unto them, as for us we know not whether this man killed that man, on such a day in Ierusalem, as you say or no; but wee testifie, that you your selves were with us on the same day in Babylon; loe these are false wit∣nesses (or forgers) and must be killed, or make satisfa∣ction, for as much as the witnesses which make them forgers, have no respect at all unto the testimony it selfe whether it be truth or falshood. And if the first witnesses were an hundred persons, & there come two & prove them forgers, saying, we testifie that you hun∣dred all of you were with us such a day, in such a place;

〈◊〉〈◊〉, these are punished by the mouth of those two, for two are as an hundred, and an hundred as two. And so in two companies of witnesses that contradict one another, they goe not after the greatest number. Mai∣mony treat. of Witnesses, chap. 18. sect. 1, 2, 3. As for witnesses that contradict one another, such as are after found faulty, though they be not put to death for testifying against a mans life, yet are they chastised at the Iudges discretion. Maimony ibi∣dem, sect. 6. the evill] that is, as the Chaldee saith, the evill doer. See before on Deut. 17. 7. and 13. 11.

Vers. 20. the residue] that is, all other shall heare and feare. Therefore the Hebrewes say, Procla∣mation [unspec 20] was made concerning these forgers or false witnesses, the Iudges wrote and sent into every citie, that such and such men witnessed so and so, and were found false, and we killed them, or they were beaten before us, or we set such a fine (or mulct) upon them. Maimony treat. of Witnesses, chap. 18. sect. 17.

Vers. 21. not spare] or, not pittie: of this the Hebrewes hold, that all hurts may be bought out [unspec 21] with money, except life for life; thereof there may be no ransome, Num. 35. 31. See the Annotations on Exod. 21. 25. soule] or life (to wit, shall goe) for life. See Lev. 24. 17.—20.