CITY OF REFUGE
861
CITY OF REFUGE
or near the site of u-^tcUt (Dent iv, 48 ; Josb. xxi, 98 ; 1 Kings zxii, 8; see Reland, p. 966). 6. Golam, in Baahan, in the half-tribe of Manasseh, a town irhose site liaa not been ascertained, bnt which doubtless gave its name to the district of Ganlonitis, Jaukm (Dent. W, 43 ; Josh, xxi, 27; 1 Chron. vi, 71 ; Josephns, Ant, iv, 7 ; seo Reland, p. 815 ; Porter, DamatcuSy ii, 251, 254; Bnrckhaidt, iSyria, p. 286). The Gemara notices that the cities on each side of the Jordan were nearly opposite each other, in accordance with the direction to divide the land into three parts (Deut. lUX, 2 ; He- land, p. 662). Maimonides says all the forty-eight Levitlcal cities had the privilege of asylum, but that the six refuge-cities were required to receive and lodge the bomicide gratuitously (Calmet On Num. xxxv).
The directions respecting the refuge-cities present some difficulties in interpretation. The Levitical cit- ies -were to have a space of 1000 cubits (about 583 yards) beyond the city wall for pasture and other pur- poses. Presently after, 2000 cubits are ordered to be the suburb limit (Num. xxxv, 4, 5). The solution of the difficulty may be, either the 2000 cubits are to be added to the 1000 as *' fields of the suburbs" (Lev. jLXVy 34), as appears to have been the case in the gift to Caleb, which excluded the city of Hebron, but in- cluded the ** fields and villages of the city*' (Josh, xxi, 11, 12, Patrick), or that the additional 2000 cubits were a special gift to the refuge-cities, while the other Le- vitical cities had only 1000 cubits for suburb. Calmet supposes the line of 2000 cubits to be measured paral- lel, and the 1000 perpendicular to the city wall; an explanation, however, which supposes all the cities to be of the same size (Calmet On Numbers, xxxv). — Smith, s. T.
2. Places of refuge where, under the cover of relig- ion, the guilty and the unfortunate might find shelter and protection were not unknown among the ancient heathen. The jtw atyti, or right of shelter and impu- ni^, was enjoyed by certain places reputed sacred, such as groves, temples, and altars. This protective power commonly spread itself over a considerable dis- trict ronnd the holy spot, and was watched over and preserved by severe penalties. Among the Greeks and Romans the number of these places of asylum be- came in time very great, and led, by abuse, to a Aresh increase of crimimds (Tacitus, Ann. iii, 60, 63). Ti- berius, in consequence, caused a solemn inquiry into their effects to be made, which resulted in a diminu- tion of their number and a limitation of their privi- l^es (Suetonius, Tib. 87, compared with Emesti, Ex- cursus ad h. I. ; Osiander, De Atylis Gentium, in Gro- nov. T%escatr, t. vi). In the Apocrypha (2 Mace iv, 83) mention is made of a city having the jus asyli — " Oni- as withdrew himself into a sanctuary at Daphne that Ueth by Antiochia.*' The temple of Diana at Ephesus (Acts xix, 27) was also a heathen asylum, whose priv- Ueges in this respect increased with the progress of time.
This pagan custom passed into Christianity. As eaiiy as Constantine the Great, Christian churches were asylums for the unfortunate persons whom an outraged law or powerful enemies pursued (Smith's Gibbmi, c. xx). Theododus, in 481, extended this privilege to the houses, gardens, and other places which were under the jurisdiction of the churches, and the synod of Toledo, in 681, widened the right of asy- lum to thirty paces ftom each church. Since then this ecclesiastical privilege prevailed in the whole of Catholic Christendom, and was preserved undiminish- ed, at least in Italy, so long as the papal independence remained (Hallam's Middle Ages, c. ix, pt. i). The right acted beneficially in ages when violence and re- venge predominated, and fixed habitations were less common than now ; but its tendency to transfer power fhmi the magistrate to the priesthood was injurious to the inviolability of law and the steady administration of justice. It has accordingly in recent times been
abrogated by most governments ((7o»9erga<iofM-I.ea»- hon, s. v.).
8. Among the Jews, the *^ cities of refuge*' bore some resemblance to the asylum of the classic nations, but were happily exempt from the evU consequences to which reference has been made, and afford, even to the present day, no mean proof of the superior wisdom and benignant spirit of the Jewish laws. The insti- tution was framed with a view to abate the evils which ensued from the old-established rights ^f the blood- avenger [see Avenger of Blood], and thereby to further the prevalence in the nation of a mild, gentle, and forgiving spirit. An inspection of the map will show how wisely these places were chosen so as to make a city of refuge easy of access frt>m all parts of the land. To any one of these cities a person who had unawares and unintentionally slain any one might flee, and, if he reached it before he was overtaken by the avenger of blood, he was safe within its shelter, provided be did not remove more than a thousand yards from its circuit, nor quit the refuge till the de- cease of the high-priest under whom tfie homicide had taken place. If, however, he transgressed these pro- visions, the avenger might lawfully put him to death. The roads leading to the cities of refuge were to be kept in good repair. Before, however, the fugitive could avail himself of the shelter conceded by the laws, he was to undergo a solemn trial, and make it appear to the satisfaction of the magistrates of the place where the homicide was committed that it was purely accidental. Should he, however, be found to have been guilty of murder, he was delivered ** into the hand of the avenger of blood, that he might die.'* The benefit of the protection afforded was common to strangers and sojourners with native Israelites.