CJiapters from the Biblical Law. the country had become unified under mo narchical rule that general laws similar to this one were promulgated and enforced. "And they shall be unto you cities for refuge from the avenger,"—the kinsman of the slain man,—" that the manslayer die not until he stand before the gemot for trial." It was the immemorial right of the nearest kinsman of the dead man to avenge the death by kill ing the slayer wherever he found him; but the enlightened jurisprudence of the time of the kings could not countenance a right so inimical to the peace and dignity of the state and the welfare of the people. Hence these cities of refuge were established, wherein the slayer might be safe. He was not imprisoned, and enjoyed full freedom within the territo rial limits of the city of refuge but went be yond its confines at his peril. After the crime had become known to the authorities of the city in which it had been committed, the}' sent for the slayer who had taken refuge, and brought him under proper escort to their city for trial (Deut. 19: 12). I have translated the word that is commonly translated " con gregation " by the word " gemot." The notion of a trial by the " congregation " is misleading because of the modern sense of the word " congregation " which is a depart ure from its ancient meaning. The council of elders of the city had jurisdiction of the case, and they may be properly called the "gemot" using the word in the sense in which it is familiar to the student of English common law and institutions. The elders were the judicial and administrative authori ties in the towns, the public assembly or con gregation or the " gemot." "And of these cities which ye shall give, six cities shall ye have for refuge. Ye shall give three cities on this side of the Jordan and three cities shall ye give in the land of Canaan which shall be cities of refuge." The privilege of sanctuary was not confined to those who worshipped the God of Israel. With extraordinary liberality the ancient code prescribes, " These six cities shall be a refuge
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both for the children of Israel, and for the stranger and for the sojourner among them; that every one that killeth any person un awares may flee thither." Inasmuch as the slayer was put on trial it was necessary that the law should define the degrees of the crime of homicide to enable the judges to administer the law fairly, instead of leaving it, as was so commonly the case in ancient communities, to the general sense of justice that may have animated the particular court at the time. "And if he smite him with an instrument of iron so that he die, he is a murderer; the murderer shall surely be put to death. "And if he smite him with throwing a stone, wherewith he may die, and he die, he is a murderer; the murderer shall surely be put to death. "Or if he smite him with a hand weapon of wood, wherewith he may die, and he die he is a murderer; the murderer shall surely be put to death." These cases which had in all probability occurred frequently before the promulgation of this statute, were now incorporated with the general law by way of illustration. A general law is never particular in pointing out details of cases unless these cases have already arisen. The wilful murderer who had killed in any of these ways was not en titled to a trial. " The avenger of the blood shall himself slay the murderer : when he meeteth him he shall slay him." And the avenger of the blood was not punishable for such slaying of the murderer. The law then proceeds to further details of the crime : " If he thrust him of hatred, or hurl at him by lying in wait that he die; or in enmity smite him with his hand, that he die; he that smote him shall surely be put to death; for he is a murderer : the avenger of the blood shall slay the murderer when he meeteth him." And now follows the enumeration of the cases in which the killing was not wilful. "But if he thrust him suddenly without
