5. Places of confutation.
Vers. 14. THou shalt take him from mine Altar, that he may die. This place doth authorise and warrant the lawfull power of the Civill Magistrate, in the use of the sword, against the error of the Anabaptists, which would altogether deprive the Magistrate of it, urging that place in the Gospell, Matth. 5.39. I say unto you, resist not evill. But here our blessed Saviour repealeth not the law of Moses, An eye for an eye, and a tooth for a tooth: but onely reverseth the corrupt exposition of the Pharisies, which by this text would give warrant unto privat men, to seeke their owne revenge, whereas the law giveth this power onely unto the Civill Magistrate. So the Apostle also saith, that the Magistrate heareth not the sword for nought, for he is the minister of God, to take vengeance on him that doth evill, Rom. 13.4.
Vers. 14. THou shalt take him from mine Altar. Even the Priest ministring at the Altar, if he had com∣mitted wilfull murther, might be taken from thence, and put to death by the Magistrate, as R. Salomon noteth: wherein appeareth the soveraigne right and power, which then the Civill Magistrate had over the Priests of the law: which Tostatus granteth: but he saith, that herein there was great diffe∣rence betweene the Priests of those times, and of ours, and thereupon he putteth this note in the margen, Nota differentiam inter Sacerdotes veteris Testamenti & nova legis, note a difference betweene the Priests of the old Testament, and of the new law, Tostat. quaest. 16. Contra. 1. But herein is no difference at all, for the Ministers of the Gospell are no more exempted now from the Civill power, than the Priests were then: for the Apostle saith, Let every soule be subject to the higher power, Rom. 13.1. In this generall speech, none are excepted: yea our blessed Saviour, who might have pleaded a greater privilege in this behalfe then any, refused not to pay tribute for avoiding of offence, Matth. 17.27. See more of this question, Synops. Centur. 1. err. 98.
FRom mine Altar. This sheweth that the Temple and Altar, as also the Cities of refuge were privi∣leged places for some kinde of offenders, though not for wilfull murtherers. Here then somewhat would be inserted concerning the great abuse of Sanctuaries and privileged places in times past.
1. Concerning the beginning and first occasion of them, it is grounded upon, and derived from the ju∣diciall constitutions of Moses, who by Gods appointment, assigned certaine Cities of refuge, for some offenders to flee unto, but not for all malefactors: from Moses the Gentiles seemed to borrow the like custome, in giving immunitie and privilege to some places: As in Athens, Hercules nephewes builded the Temple of Mercie, and obtained for the same this privilege, that they which fled thither for succour, should not by violence be taken thence. In Rome, Remus and Romulus betweene the tower and the Ca∣pitol,* 1.1 appointed a place of refuge (called intermontius) betweene the hilles: after that the Temples and Altars, and then the images of the Emperours were privileged to give protection to those, which fled thi∣ther for succour: And from this example came the like immunities, which were given afterward to the Churches of Christians, which was afterward enlarged unto Church-yards, and Monasteries: As this rea∣son is alleaged in the Imperiall constitutions of Theodos. and Valentin. that because the Gentiles gave such honour to their Idoll temples, &c. Quantum oportet praesidii ad sacratissimas aras confugientibus prae∣stare? How much reliefe ought we to yeeld to those, which flie to the most holy Altars? The same rea∣son is yeelded, Concil. Matiscin. 2. can. 8. Simundani Principes suis legibus censuerunt, &c. If worldly Princes have decreed by their lawes, that whosoever did flee unto their images, should be without hurt, how much should he remaine undemnified, qui suae gremium matris Ecclesia petierit, &c. which goeth to the bosome of his mother the Church?
2. Now for the convenient and necessarie use of such Sanctuaries and privileged places, these reasons are brought: 1. That they which were innocent, as in the case of involuntarie killing, might rescue them∣selves from the rage of the pursuers. 2. They which were oppressed by unequall Judges, might finde shel∣ter here, till either the Judges wrath were appeased, or a more indifferent Judge found. 3. Such places served for the reliefe of servants, that were cruelly handled of their masters. 4. And for such as were en∣debted, and were pursued of their cruell creditours and exactours. 5. And in time of warre, such places were of speciall use, that they which fled thither, might be preserved from the sword: As Allaricus, when Rome was taken gave commandement, that all they, which fled to the Churches of S. Paul, and S. Peter, should have their lives, Simler.