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A56632 A commentary upon the fourth Book of Moses, called Numbers by ... Symon, Lord Bishop of Ely. Patrick, Simon, 1626-1707. 1699 (1699) Wing P774; ESTC R2078 399,193 690

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to death But here the Hebrew Doctors as Mr. Selden observes distinguish the killing of a Man into three kinds The first was when though it was from pure Ignorance and Error yet there was some Negligence in it which a prudent Man might have avoided The second when a Man kills another ignorantly and cannot be blamed for any negligence because such a thing seldom happens An Example of the first they make to be when a Man coming down a Ladder falls upon another and kills him An Example of the second when going up a Ladder a Man happens to do the same The former is more frequent and therefore they say hath some kind of blame in it the other seldomer and therefore hath none A third kind when any Man kills another out of ignorance and error also but it approaches nearer to voluntary Murder As when a Man intending to kill one Man happens to kill another with a Stone or otherwise In none of these cases they say the Court of Judgment could put any Man to Death And the Cities of Refuge were not provided for the second or third sort but only for the first and that when the Man died presently and did not lye and languish of the Wound for if he did it might be supposed he died by his own negligence or other ways as well as by the Wound In which case there was no need that the Man who wounded him should flee to the City of Refuge nor could the Avenger of Blood meddle with him No more than he could with a Father when he gave his Son or a Master when he gave his Scholar Correction and hapned to kill him The same was the case of him whose Office it was to Arrest Men by Publick Authority and bring them before the Judges if he struck a Man that refused to go along with him and killed him See Selden Lib. IV. de Jure Nat. Gent. juxta Disciplin Hebr. cap. 2. Ver. 25. And the Congregation shall deliver the slayer Verse 25 out of the hands of the avenger of blood If the Court found the Man was killed casually as the Person accused pretended XX Josh 4. then they charged the Avenger of Blood not to prosecute any further Both here and in the foregoing verse and in the next words to these by Congregation is meant the Judges of the City as I observed v. 12. who were to determine in the presence and in the behalf of the People whether the Manslayer was capable of the Priviledge of the City of Refuge or not as we read XX Josh 4 6. Now these things as a very Learned Person of our own argues which were done by the Elders or Judges being said to be done by the Congregation or Assembly of the People in whose behalf they were done it is no wrong to the Holy Scriptures when we say that which they report to have been done by the Church was acted by the chief Power of the Apostles and Elders with the consent of the People For it is manifest in the New Testament that in the Apostles time all the Publick Acts of the Church were passed at the Publick Assemblies of the same As Ordinations I Acts 23. V. 36. Excommunications XVIII Matth. 18 19 20. 1 Corinth V. 4. 2 Cor. II. 10. Councils XV Acts 4 22. other Acts 2 Corinth VII 19. And herewith agrees the Primitive Custom of the Church for divers Ages whereby they gave Satisfaction to the People of the Integrity of their Proceedings and by the same means obliged Superiours to that Integrity by making the Proceedings so manifest and so to preserve the Unity of the Church And from this Interest of the People in such Acts it is at this day that the People of the Church of England are demanded what they have to say against Ordinations and Marriages to be made See Mr. Thorndike in his Rights of the Church in a Christian State Chap. 3. p. 159 c. And the Congregation shall restore him to the City of his Refuge whether he was fled They were to send him back again from the place where he was tried to the City where he had taken Refuge there to remain till the time prescribed in the next words This was more merciful than the punishment inflicted by the Attick Laws which plainly show they were borrowed in great part from Moses for he who slew a Man involuntarily was forced to fly his Country So the Scoliast upon the last of Homer's Iliads 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. It was the manner in ancient times for a Man that had killed another involuntarily to flee his Country and betaking himself to some neighbouring place to sit with his Face covered begging to be expiated But this was only for a certain time as Demosthenes tells us in his Oration in Aristocratem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. The Law requires him that is condemned of killing a Man involuntarily for some limited time to go away and keep at an appointed distance till he can make his peace with the Kindred of him that was slain after which he may return again c. And he shall abide in it Not stir out of the Limits of the City that is beyond the Suburbs and the two thousand Cubits which incompassed them v. 4 5. within which Bounds he was to keep Vnto the death of the High-Priest which was anointed with oyl This looks like a Punishment to the Man-slayer whereby others were taught to be very watchful over themselves lest by negligence they chanced to kill any body and so be forced to leave their own home But Maimonides takes it for a prudent Charity to the Man-slayer and to the Relations of him that was slain For by this means the Man-slayer was kept out of the sight of the Avenger of Blood who might have been tempted some time or other to fall upon him if he had come in his way but by long absence his Anger might be mitigated at least by the Death of the High-Priest the most excellent of all other Persons and most dear to every one in the Nation Which made the Publick Grief so great when he died that Men forgot their private Resentments For nothing could fall out more grievous to all People saith he then the Death of the High-Priest which swallowed up all other Grief More Nevoch P. III. c. 40. And in the mean time the Jews say that the Citizens of the place were bound to teach him some Trade whereby he might provide himself with Necessaries And he had this comfort also during his absence from his own Family that the Mother of the High-Priest sent him many Gifts that he might remain there more contentedly and not pray for the Death of the High-Priest So they tell us in the place fore mentioned Maccoth cap. 2. sect 6. Where they also observe that if a Man killed the High-Priest or the High-Priest himself hapned to kill a Man involuntarily they were to stay in the City of Refuge