1.

When the LORD thy God hath cut off the nations, whose land the LORD thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses;

Ver. 1. When the Lord thy God, &c.— Moses, having pressed upon the people the great commandment of loving God with all the heart, now proceeds to remind them of other precepts belonging to the second table, though not in an exact manner, nor without interspersing some ceremonial matters. He begins with what concerns that principal part of our neighbour's property, his life.

2.

Thou shalt separate three cities for thee in the midst of thy land, which the LORD thy God giveth thee to possess it.

Ver. 2. In the midst of thy land Rather, within thy land, as appears from the next verse. The land was to be divided into three parts; and a city of refuge to be set apart in each, in the most convenient place for those to flee to, who should be so unhappy as to stand in need of an asylum.

3.

Thou shalt prepare thee a way, and divide the coasts of thy land, which the LORD thy God giveth thee to inherit, into three parts, that every slayer may flee thither.

Ver. 3. Thou shalt prepare thee a way, &c.— The Jewish rulers added a number of other laws for keeping those roads in continual repair, that the person might meet with no obstruction in his flight. These roads, according to them, were to be thirty-two cubits in breadth, smooth and plain. At every place where the road parted, a post was to be set up to direct him, which had the word מקלט miklat, REFUGE, engraven upon it. Every brook or river was to have a good bridge; all watery places were to be drained, and the surface kept smooth and hard. Once a year, at least, in the month of Adar, which answers in part to our February, the magistrates of every city were obliged to visit them, and see that they were kept in good order; otherwise, in case the avenger chanced to overtake and kill the slayer, the magistracy of the place were adjudged guilty of his death. As for the cities of refuge, they were to be of a moderate size, well furnished with water, provisions, and artists. For more respecting the cities of refuge, we refer the reader to the notes on Numbers 35:12-24.
REFLECTIONS.—(1.) These cities are representative of Christ: the sinner fleeth to him, and is safe. (2.) Ministers are the directories, to teach the way, and assist such as desire to flee from the wrath to come. (3.) The way is plain, and the city near, for every awakened soul which truly flies for refuge. If any sinner perishes, his blood is on his own head, because he neglects so great a salvation.

4.

And this is the case of the slayer, which shall flee thither, that he may live: Whoso killeth his neighbour ignorantly, whom he hated not in time past;

5.

As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of those cities, and live:

6.

Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past.

7.

Wherefore I command thee, saying, Thou shalt separate three cities for thee.

8.

And if the LORD thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers;

9.

If thou shalt keep all these commandments to do them, which I command thee this day, to love the LORD thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, beside these three:

10.

That innocent blood be not shed in thy land, which the LORD thy God giveth thee for an inheritance, and so blood be upon thee.

11.

But if any man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities:

12.

Then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die.

13.

Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee.

14.

Thou shalt not remove thy neighbour's landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the LORD thy God giveth thee to possess it.

15.

One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.

16.

If a false witness rise up against any man to testify against him that which is wrong;

Ver. 16. To testify against him that which is wrong That is, to accuse him, to lay any crime to his charge. Houbigant tenders it very properly, ut eum criminis accusat: that he may accuse him of a crime: and as the detection of a false witness was extremely difficult, the most diligent and exact inquiry was to be made by the priests and judges, ver. 17, 18. Some of the most excellent of our English laws are grounded upon this law; as that of the thirty-seventh of Edward III. chap. 18 which ordains, that "all they who make suggestion, shall be sent with the same suggestion before the chancellor, treasurer, &c. and his grand counsel; and that they there find surety to pursue their suggestions; and incur the same pain which the other should have had, if he were attainted, in case that his suggestions be found evil," &c. And in the thirty-eighth of the same reign, chap. 9 it is enacted, "That if he that maketh complaint, cannot prove his intent against the defendant, in the same article, he shall be commanded to prison, there to abide till he hath made gree to the party of his damages, and of the slander that he hath suffered upon such occasion, and after shall make fine and ransom to the king."

17.

Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days;

18.

And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother;

19.

Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you.

Ver. 19. Then shall ye do unto him, as he had thought to have done unto his brother This law is exemplified in the story of Susannah and the elders; for the two elders, being convicted by Daniel of giving false accusation against Susannah, are condemned to undergo the same punishment which they intended against her; ver. 62. According to the law of Moses, they did unto them in such sort as they maliciously intended to do to their neighbour; and they put them to death. By the law of the twelve tables, false witnesses were to be thrown down the Tarpeian rock. See Aul. Gellius, lib. 20: cap. 1. The laws at Athens, though severe, were rather more mild. See Sam. Petit, de Leg. Art. lib. 4: tit. 7.

20.

And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you.

Ver. 20. And those which remain, shall hear, and fear, &c.— See chap. Deuteronomy 17:3. This is the grand end of all the Mosaic penal laws, and indeed of all such, enacted by wise legislators. See Grot. de Jur. B. and P. lib. 2: cap. 20. This law proves the authority which judges and magistrates have to make use of witnesses, and to examine them upon oath, in order to discover the truth, which those who are summoned as witnesses are obliged to declare: that those who are found to be false witnesses deserve the most exemplary punishment; and that, if they escape punishment from men, God will take vengeance of their perfidiousness and impiety.

21.

And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.