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REFUGE

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CITIES OF. In order to provide for the security of those who,
without design, might happen to kill a person in whatever manner it
should be, the Lord commanded Moses to appoint six cities of refuge,
Exod. xxi, 18; Num. xxxv, 11, &c, that whoever should undesignedly spill
the blood of a fellow creature, might retire thither, and have time to
prepare for his defence before the judges; so that the relatives of the
deceased might not pursue and kill him. Of these cities there were three
on each side Jordan. Those on this side Jordan were Kedesh of Naphtali,
Hebron, and Shechem; those beyond Jordan were Bezer, Golan, and
Ramoth-Gilead, Joshua xx, 7, 8. They served not only for the Hebrews,
but for strangers also that should dwell in their country. These cities
were to be of easy access, and to have good roads to them, and bridges
wherever there should be occasion. The width of these roads was, at
least, to be two-and-thirty cubits, or eight-and-forty feet. When there
were any cross roads, they were careful to erect posts with an
inscription pointing to the city of refuge. Every year, on the fifteenth
of the month Adar, which answers to our February moon, the magistrates
of the city visited the roads, to see if they were in good condition.
The city was to be well supplied with water and provisions. It was not
allowed to make any weapons there, lest the relatives of the deceased
should be furnished with arms for the gratifying of their revenge.
Lastly, it was necessary that whoever took refuge there, should
understand a trade or calling, that he might not be chargeable to the
inhabitants. They were wont to send some prudent persons to meet those
who were pursuing their revenge for the relations, that they might
dispose them to clemency, and persuade them to wait the decision of
justice.

Though the man-slayer had fled to the city of refuge, yet he was not on
this account exempted from the pursuit of justice. An information was
preferred against him, Num. xxxv, 12; he was summoned before the judges,
and before the people, to clear himself, and to prove that the murder
was merely casual and involuntary. If he was found innocent, he dwelt
safely in the city to which he had retired; if otherwise, he was put to
death according to the severity of the law. The following texts of
Scripture are not very explicit whether the affair was under the
cognizance of the judges of the place where the murder was committed, or
of the judges of the city of refuge to which the murderer had fled,
Deut. xix, 11, 12; Joshua xx, 4–6; Num. xxxv, 25; and the commentators
are at variance in this matter. But it appears, from a passage of
Joshua, that the man-slayer was to undergo two trials; first, in the
city of refuge, where the judges summarily examined the affair, and
heard his allegations at his first arrival; secondly, when he was taken
back to his own city, to be judged by the magistrates of the place, who
took the cause under a more strict and scrupulous examination. If the
latter judges declared him innocent, they had him reconducted, under a
strong guard, to the city of refuge to which he had before fled. He was
not, however, immediately liberated; but, to inspire the greater horror
even of involuntary murder, it seems as if the law would punish it by a
kind of banishment; for he was obliged to dwell in the city, without
going out of it, till the death of the high priest; and if before that
time he was imprudent enough to leave the city, the avenger of blood
might safely kill him; but after the death of the high priest, he was at
liberty to go whither he pleased without molestation.

It is a curious fact, that the North American Indian nations have most
of them either a house or town of refuge, which is a sure asylum to
protect a man-slayer, or the unfortunate captive, if they can once enter
it. “In almost every Indian nation,” says Adair, “there are several
peaceable towns which are called old, beloved, ancient, holy, or white
towns: (white being their fixed emblem of peace, friendship, prosperity,
happiness, purity, &c:) they seem to have been formerly towns of refuge;
for it is not in the memory of their oldest people that ever human blood
was shed in them, although they often force persons from thence, and put
them to death elsewhere.” Sanctuaries affording security for criminals
are still known in the east, and anciently were established in Europe.
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