Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Moses appointed six cities of refuge, three “on this side of Jordan”
and three “in the land of Canaan,” in order that the slayer might flee
thither which should kill his neighbour unawares, and hated him not in
times past; and that fleeing to one of these cities, he might live.[1]
Deuteronomy refers to the case of “the slayer which shall flee thither
that he may live”; distinguishing the man who lies in wait, from the
man who “killeth his neighbour innocently, whom he hated not in times
past.”[2]
In the book of Joshua it is provided that “When he that doth flee to one
of those cities shall stand at the entering of the gate of the city, and
shall declare his cause in the ears of the elders of that city, they
shall take him into the city unto them and give him a place, that he may
dwell among them. And if the avenger of blood pursue after him, then
they shall not deliver the slayer up into his hand; because he smote his
neighbour unwittingly and hated him not beforetime.”[3]
Over a thousand years before Christ we find Adonijah claiming the
privilege of sanctuary to protect him from the wrath of Solomon, for it
is recorded in the first book of Kings:[4]
“And Adonijah feared because of Solomon, and arose, and went
and caught hold on the horns of the altar. And it was told
Solomon, saying, Behold, Adonijah feareth king Solomon, for,
lo, he hath caught hold on the horns of the altar, saying:
Let king Solomon swear unto me today that he will not slay
his servant with the sword. And Solomon said: If he will shew
himself a worthy man, there shall not an hair of him fall to
the earth; but if wickedness shall be found in him, he shall
die.”
This case of Adonijah taking refuge in the temple, at the altar, as a
protection against the supposed wrath of Solomon, is nothing more nor
less than a claim of sanctuary, for even the hand of Solomon was stayed
at the threshold of such a consecrated place and the sinner taking refuge
at the altar was supposed to be surrounded by the protecting mantle of
the Great Jehovah. This is only one of many thousand similar concrete
cases that could be mentioned, no doubt, if the unwritten history of the
unnoticed millions of patriarchial days could be known, for the right
of sanctuary obtained generally in those ancient days. The ever-flowing
flood of time has swept away all records of the ordinary mortals,
however, and only the great peer out through the darkness of the past.
Public-domain text, read in full here on John Shaqi.
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