An exposition of the morall lavv, or Ten Commandements of almightie God set dovvne by vvay of exercitations, wherein is contained an explanation of diverse questions and positions for the right understanding thereof, together with an explication of these scriptures which depend upon, or belong unto every one of the commandements, all which are cleared out of the originall languages, the customes of the Iewes, and the distinctions of the schoolemen / by Iohn Weemse ...

EXERCITAT. VIII. Of casuall slaughter, and who were admitted to the city of refuge. Commandement. VI.

2 Sam. 14.4. And when the woman of Tekoah spake to the King, she fell on her face &c.

THe sixt Commandement commandeth to cut off the guilty murtherer, so it appointed cities of re∣fuge for casuall slaughter, or for those who in sudden passion had killed a man, such were sheltered in the city of refuge; but the voluntary or wilfull murtherer was not sheltered in the city of refuge.

Wee must put a difference betwixt these two, agere ex ignorantia, & agere ignoranter, to doe a thing of igno∣rance, and to doe a thing ignorantly: to doe a thing ig∣norantly is to doe a thing that wee are ignorant when wee are in doing of it; but yet ignorance is not the

proper cause why we doe it, but some other bad acci∣dent which draweth on the ignorance, as Lot when hee lay with his daughters, here he did it ignorantly, but yet his ignorance was not the cause of his sinne, but his drunkennesse which drew on his ignorance: but hee is said to doe a thing through ignorance, when his igno∣rance is the chiefe and the principall cause of his action, as when a man was felling wood, his axe head fleeth off and killeth a man; here hee killeth a man of ignorance, this ignorance is the chiefe and principall cause of the action; it was not accersita ignorantia, sed simplex igno∣rantia, he drew not on this ignorance, but it was simple ignorance, hee that killed a man of ignorance was ad∣mitted to the citie of refuge, but not hee who killed a man ignorantly.

There are three sorts of actions of men; the first are done deliberately, the second in sudden passion, the third by chance; the first are violent injuries and wrongs, and these were not protected in the cities of refuge; the second were the actions which were done in sudden passion, and these were admitted to the cities of refuge; as the woman of Tekoahs two sonnes went to the field, and the one of them killed the other upon a sudden, and the woman said unto the King, Remember the Lord. 2 Sam. 14. that is, the law of the Lord, that hath appointed cities of refuge to protect such, that the revenger of blood kill them not. The third were casuall actions, when a man was killed by chance; as they who kill unawares, and unwittingly. Iosh. 20.3. and these were admitted to the cities of refuge.

Men doe things either voluntariè willingly, invitè against their will; ex partè invite, or non invitè. First, when one committeth murther willingly, then he was not admitted to the citie of refuge. Secondly, when he killed invitè, against his will, then hee was admitted

to the citie of refuge, because this was ignorantia invin∣cibilis, inevitable ignorance; as if a man had beene f••l∣ling wood, and his axe head had flowne off and killed a man. Thirdly, ex parte invite agere, as when a man in sudden passion had killed his neighbour, and he was ad∣mitted to the citie of refuge. Fourthly, non invite age∣re, this commeth ex ignorantia concomitante. Example, Mutius Saevola intended to kill the King, he missed the King, and killed another in steed of him, and when it was told him, hee was sorry that hee had not killed the King, hee did not this ex ignorantia antecedente, sed ex ignorantia concomitante, and the fact was not involunta∣rium, he did it not invitus, but non invite; and such a man was not admitted to the citie of refuge.

A man killeth three manner of wayes; First, when the heart killeth and not the hand; Secondly, when the hand killeth and not the heart; and thirdly, when the heart and the hand killeth. When the heart killeth and not the hand, that commeth not to be tried before men, when the hand killeth but not the heart, these were ad∣mitted to the cities of refuge; and thirdly, when both the heart and the hand killed, and those were not ad∣mitted to the cities of refuge.

Exod. 21.12. He that smiteth a man that he die, shall be surely put to death; that is, if he smite him willingly, hee was not protected in the citie of refuge; the vulgar trans∣lation translateth it, qui percusserit hominem velens occi∣dere, morte morietur, what meaneth hee by this, volens occidere, willing to kill? doth hee meane this? bee that striketh a man not casually, but willing to kill him? or meaneth he this? he who striketh a man, willing to hurt him but not to kill him, and in the meane time he kill him; doth the law here consider the purpose and in∣tention of the killer onely? no, but the law considereth here effectum, non affectum, the effect, and not his affe∣ction;

whether hee had a purpose to kill him or not to kill him, if he kill him, he is a murtherer. Some doe kill, and intend not to kill; some intend to strike and not to kill, and yet doe kill; and thirdly, some intend to kill, and yet kill not; none of these were admitted to the ci∣tie of refuge.

These who killed of ignorance were admitted to the cities of refuge, with sundry caveats.

The first caveat was this, that they behoved to bee in [Caveat. 1] a lawfull calling, as he that was felling wood, if his axe head had flown off, & had killed a man, the Lord said in this case that it was he that killed him, and not the man felling wood, who casually killed him; actions take not their denomination from him who casually doth such a thing, but from him who of purpose doth it. When the children of the Prophets were gathering herbes for their dinner, 1. King. 4. one of them gathered colloquin∣tida, or some poysonable herbe, and put it in the pot; now if hee had poysoned some of his fellowes through ignorance, he had beene protected in the citie of refuge, because he was in a lawfull action; but if he should have ignorantly killed a man in an unlawfull action, then this ignorance should not have excused him. Example, if a man had strucken a woman with child not knowing that shee was with child, and the child had died, hee would not have beene protected in the citie of refuge, because he was in an unlawfull action: So if he had bin in an unprofitable action, as if hee had beene mowing grasse upon the house top. Psal. 129.29. and a stone had fallen downe and killed a man, this ignorance would not have excused him, because he was in an unprofita∣ble action, for men use not to mowe grasse upon the house top: So if hee had killed a man ignorantly in his sport or pastime, res licita & seria casum excusat, res ve∣ro illicita & jocosa casum atrociorem reddit. When a man

is about a lawfull action or earnest businesse, hee is ex∣cused if he kill casually, but if he be in sport or about trifles, then he is not excused.

[Caveat. 2] The second caveat is, that hee ought to bee circum∣spect in his lawfull calling; and this is called debita ad∣vertentia, if the axe head had usually flowne off before, and he had killed a man, then hee was not protected in the citie of refuge, because hee had not used all meanes possible to make the head of the axe fast; the like wee see in the pushing oxe. Exod. 21. If the oxe used to push, and his master kept him not within the house, and then if hee kill a man, his master was to die for it, and the citie of refuge saved him not.

[Caveat. 3] Thirdly, if hee had an instrument in his hand which was not a fit instrument to kill a man, as if he had a lit∣tle pebble stone in his hand, or a smale rod; if a man had died of such a stroake, then the man killer was to be received within the citie of refuge, but if hee smote him with an instrument of iron, as with a sword, or dag∣ger, then he was to die: So if he smote him with a stone of the hand. Num. 35.17. that is, with a stone that filleth the hand, as Rabbi Salomon interpreteth it; not with a little stone; so if he smite him with a weapon of wood, and there is a greater restriction of wood then of iron.

[Caveat. 4] Fourthly, if he had throwne a stone at a man where∣with hee might have beene killed, and not seeing the man, nor having no hatred at him before, neither sought his harme, if he had killed him, then he was pro∣tected within the citie of refuge: in the former caveat, although he was his enemie whom hee killed, yet if hee had no fit instrument to kill him with, hee was excused and protected within the citie of refuge; in this caveat although he have a fit instrument to kill him, yet if hee saw not the man, or hated him before, and then killed him, then he was admitted to the citie of refuge.

The Lord Deut. 19.9. promised to them, when hee should enlarge their bonds, he would give them moe cities of refuge; this promise was made to them when they were on the west side of Iordan, before they came over the river; they had three cities assigned to them al∣ready, on the east side of Iordan, and he was to appoint other three moe for them in the west side of Iordan; in all, there were but sixe.

It may be asked, [Quest.] why there were as many cities of re∣fuge appointed upon the east side, as upon the west side of Iordan; seeing there were but two tribes and an halfe upon the east side, and all the rest upon the west side, the one was much more spacious then the other?

Although that which was on the west of Iordan was more large in bredth then the east side, [Answ.] yet in length they were equall; therefore he appointed as many cities upon the east side as upon the west: and there may bee another reason assigned, why he appointed as many ci∣ties on the east side as on the west, because those who dwelt in the east side of Iordan were farthest from the Temple, and the meanes of Gods worship; and therefore were more cruell, and readier to shed blood (as bor∣derers are) and to obviate this; the Lord appointed three cities of refuge, on the east side of Iordan.

In what citie was the case of casuall slaughter tryed, [Quest.] whether in the cities of the Levites, or in the next citie where the slaughter was committed?

The man when hee killed, [Answ.] hee fled to the citie of re∣fuge, that is, to one of the three cities of the Levites; but when he was to bee tryed, whether he killed casu∣ally or not, then he was brought backe to the next citie where the fact was committed, and if he was found in∣nocent, then hee was restored backe to the citie of re∣fuge, where he was to abide untill the death of the high Priest. Num. 35.25.

[Quest.] What place of refuge had they when they were in the wildernes.

[Answ.] They had none but the altar, Exod. 21.14. and wee see by Ioabs practise that the hornes of the altar was a place of refuge; and David seemeth to allude to this, Psal. 27.5. In the secret of his tabernacle shall he hide me.

[Quest.] The hornes of the altar being the place of refuge, why then refused Nehemiah to goe into the temple to save his life? Nehem. 6.11.

[Answ.] Because he was a stranger and not a Priest, he might not come neare to that part of the temple.

[Ob.] But a stranger in danger of his life might have fled to the hornes of the altar.

[Answ.] Nehemiah knew well enough that this was but a for∣ged danger, and therefore hee might not flie to the hornes of the altar.

These cities of refuge were called Gnare hammiklat, lo∣cus collectionis; Num. 35.6. and Gnare hammugnadah, ur∣bes conventus. Iosh. 20.9. and Gnazarah, locus auxilij. 2. Chron. 4.9.

These cities of refuge were appointed to save the man-killer from the revenger of the blood; & that they might have the safer passage to these cities of refuge, the hie wayes were made plaine, the hills demolished, and the hollow places filled up, and bridges made for them to passe the rivers, & there was an equall distance betwixt them, and they were situated upon the tops of the hills; and they set up (as the Hebrewes say) statuas mercuriales, images by the way, having this inscription upon them [Micklat] and the hand pointing to the citie of refuge; and Iohn the Baptist alludeth to this forme, when he saith, Prepare yee the way of the Lord, make his paths straight. Mat. 3.3. Christ is the citie of refuge for all poore and ignorant sinners, and the Preachers are statuae mercuriales, who point out this way to the citie of

refuge, and sendeth them to the death of Iesus Christ the high Priest. See Esay. 40.3, 4.

Why were they commanded to stay in the citie of refuge, untill the death of the high Priest? [Quest.] for all mur∣ther commeth out of the heart. Mat. 15.19. Why then were these who casually killed, confined within the citie of refuge?

This was injoyned to them rather as a punishment of their former sinnes, and likewise to teach them, [Answ.] that Iesus Christ hehoved to purge both their sinnes of ig∣norance, and sinnes of error; and wee may see that this was but a ceremoniall law, foreshadowing some other thing to come; for if a man had killed another twenty yeares before the death of the high Priest, or a day be∣fore his death, yet both were released alike at the day of his death; if yee will respect justice in it selfe, they should not have beene equally punished, and both should not have beene confined a like time in the citie of refuge; but this was to teach them, that Christs death relieved all sorts of sinners, and as the high Priest was a type of Christ in his person, in his apparell, in his sacri∣ficing; so was he in his death.

Both Iewes and Proselytes strangers were admitted to the citie of refuge. Num. 35.25. These sixe cities shall be a refuge both for the children of Israel, and for the stran∣ger, and for the sojourner among them. There were two sorts of strangers amongst them; First, he that was new∣ly converted to the Iewish religion, and he was [Ger] and the Seventy translate it, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Proselyte. Se∣condly, the stranger who dwelt long among them, and he was [Toshebh] and the Seventy translate it, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, both these were admitted to the citie of refuge; but an heathen abiding in Gentilisme, such a stranger was not admitted to the citie of refuge.

There fell an accident in Switzerland, a Slatter was

slatting a house, the ladder breakes, and hee falling downe killed a man in the street; the mans sonne who was killed, pursued the slatter as the murtherer of his father; the Iudge demanded whether there was any ha∣tred betwixt him and his father, or not? he answered, none that hee knew of; whereupon the Iudge would have absolved the slatter, but the man being more in∣stant for justice, the Iudge ordained that he should goe up upon the top of the house, and the slatter should stand under him, and then he should trie, if hee could kill the slatter, casting himselfe downe upon him; the young man answered, that he could not hazard his life to kill the slatter, the Iudge replyed, no more would the slatter have hazarded his life to kill your father, wherefore it was but a casuall fact in the slatter, and he being in his lawfull calling should not die for it, and if such a fact should have fallen out in Israel, the cities of refuge should have protected him.

The woman of Tekoahs parable was not rightly ap∣plied here; for the widdowes two sonnes went upon a sudden to the field, and killed one another; but Absolom waited for his brothers death: Cities of refuge were appointed for those who of ignorance killed, or in sudden passion, but not for those who killed in cold blood, the Lord commanded to take such a one from the hornes of the altar: And Ionathan, the Chaldee Pa∣raphrast paraphraseth it thus, although hee be a Priest, and serve at mine altar, thou shalt take him from thence and kill him; and Targum of Ierusalem, although he bee the Priest which standeth and serveth before me, thou shalt take him from mine altar and kill him; therefore they conclude, that cities of refuge protected none that were wilfull murtherers.

The conclusion of this is, that the life of man is a pre∣tious thing before God; and in such a case of casuall

slaughter, or when in sudden passion one killeth another, ampliandi sunt favores (as the lawyer say) & in poenis be∣nignior interpretatio facienda, they should have the most favourable interpretation of the law, they should have 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, legis, the mitigation of the law, and not 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the rigour of the law, and Christian lawes should not be written with blood, as were the lawes of Draco.

Notes

• Agere

  • Ignoranter.
  • Ex ignorantia.
• Ignorantia

  • Accersita.
  • Simplex.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• Agere

  • Voluntarie.
  • Invite.
  • Ex parte invite.
  • Non invite.
• A man killeth three wayes.
• The caveats with which a man was admitted to the citie of refuge.
• Ignorance excuseth a man, who is in a law∣full calling.
• Lapis manus quid apud Hebrac••.
• 2. King. 9.24. Imple∣vit mauum arc••.
• Three cities on each side of Iordan.
• Why there were as ma∣ny cities on the east side, as on the west side of Iordan.
• The altar a place of refuge.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Locus conventionis. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Ʋrbes conventus. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Atriam vel refugium dictumquasi auxilij locus.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Allusion.
• Why the man-slayer was kept in the citie of refuge untill the death of the high Priest.
• What strangers were admitted to the citie of refuge.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• A case of casuall slaugh∣ter.
• The woman of Tekoahs parable not rightly ap∣plyed.
• Conclusion.