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;

1. Quum exciderit Jehova Deus tuus gentes quarum ipse Jehova Deus tuus dat tibi terram, et possederis eas, habitaverisque in urbibus earum et in domibus earum.

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

2. Tres urbes separabis tibi in medio terrae tuae quam Jehova Deus tuus dat tibi ut possideas eam.

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.

3. Praeparabis tibi itinera, et in tres partes divides terminum terrae tuae, quam in haereditatem daturus est tibi Jehova Deus tuus: eritque ut fugiat illuc omnis homicida.

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

4. Haec autem est res homicidae. qui fugiet illuc, et vivet: qui percusserit proximum suum ignoranter, neque oderat eam ab heri et nudiustertius.

5. As when a man goeth into the wood with his neighbor 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 neighbor, that he die; he shall flee unto one of those cities, and live:

5. Quicunque abierit cum proximo suo in silvam ad caedenda ligna, et impulsa fuerit manus ejus in securim ad caedendum lignum, elapsum autem fuerit ferrum e ligno, inveneritque proximum suum, et moriatur: is fugiet ad unam urbium istarum, et vivet:

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.

6. Ne persequatur propinquus sanguinis homicidam illum, quum incaluerit cor ejus, et assequatur eum, quod longior fuerit via: et percutiat eum anima, quum tamen non sit reus mortis, quod non odisset eum ab heri et nudiustertius:

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

7. Idcirco ego praecipio tibi, dicendo: Tres civitates separabis tibi.

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;

8. Quod si dilataverit Jehova Deus tuus terminum tuum quemadmodum juravit patribus tuis, et dederit tibi universam terram quam dixit patribus tuis se daturum:

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, besides these three:

9. Quum custodieris omnia praecepta ista, ut facias ea quae ego praecipio tibi hodie, nempe ut diligas Jehovam Deum tuum, et ambules in viis ejus omnibus diebus: tunc addes tibi adhuc tres urbes ultra tres istas:

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.

10. Ut non effundatur sanguis innocens in medio terrae tuae quam Jehova Deus tuus dat tibi in haereditatem, neve sint super to sanguines.

11. But if any man hate his neigh-hour, 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;

11. At quum fuerit quispiam qui oderit proximum suum, et insidiatus fuerit ei, insurrexeritque in eum, et percusserit eum anima, et mortuus fuerit, fugerit autem ad unam urbium istarum.

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.

12. Tunc mittent seniores urbis illius, et abstrahent eum inde, dabuntque eum in manu propinqui sanguinis, et morietur.

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.

13. Non parcet oculus tuus ei, et auferes sanguinem innocentem ex Israele, et bene erit tibi.

1. When the Lord thy God hath cut off the nations. Moses repeats the same precepts which we have just been considering, that, in regard to murders, the people should distinguish between inadvertency and crime. With this view, he assigns six cities, wherein those who have proved their innocence before the judges should rest in peace and concealment. In one word, however, he defines who is to be exempt from punishment, viz., he who has killed his neighbor ignorantly, as we have previously seen; and this is just, because the will is the sole source and cause of criminality, and therefore, where there is no malicious feeling, there is no crime. But, lest under the pretext of inadvertency those who are actually guilty should escape, a mark of distinction is added, i.e., that no hatred should have preceded; and of this an instance is given, if two friends should have gone out together into a wood, and, without any quarrel or wrangling, the head of the axe should slip out of the hand of one of them, and strike the other. God, therefore, justly commands that the motive of the crime should be investigated, and shows how it is to be ascertained, viz., if there had been any previous animosity, or if any contention should have arisen. For it is incredible that any one should be so wicked as gratuitously to rush into so abominable a sin. It must be observed, however, that there was no room for this conjecture, except in a doubtful matter; for if any should stab his neighbor with a drawn sword, or should hurl a dart into his bosom, the inquiry would be superfluous, because the guilty intention would be abundantly manifest.

14. Thou shalt not remove thy neighbor's land-mark, 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.

14. Non transferes terminum proximi tui quem finierint majores in haereditate tua, quam haereditate accipies in terra quam Jehova Deus tuus dat tibi ut possideas eam.

A kind of theft is here condemned which is severely punished by the laws of Rome; [105] for that every one's property may be secure, it is necessary that the land-marks set up for the division of fields should remain untouched, as if they were sacred. He who fraudulently removes a landmark is already convicted by this very act, because he disturbs the lawful owner in his quiet possession of the land; [106] whilst he who advances further the boundaries of his own land to his neighbor's loss, doubles the crime by the deceptive concealment of his theft. Whence also we gather that not only are those thieves, who actually carry away their neighbor's property, who take his money out of his chest, or who pillage his cellars and granaries, but also those who unjustly possess themselves of his land.

Footnotes:

[105] "In the digests there is a vague law, de termino moto, Digestor. Lib. 47. Titus 21, on which Calmer remarks, that, though the Romans had no determined punishment for those who removed the ancient land-marks, yet, if slaves were found to have done it with an evil design, they were put to death; that persons of quality were sometimes exiled when found, guilty; and that others were sentenced to primary fines, or corporal punishment. -- Adam Clarke, in loco.

[106] "Est desia assez convaincu par ce seul acte d'avoir voulu debouter le possesseur de son champ;" is already sufficiently convicted by this act alone of having wished to deprive the possessor of his land. -- Fr.

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.

15. Non stabit testis unus contra quenquam in quacunque iniquitate, et in quoeunque peccato quod peccaverit: in ore duorum testium vel in ore trium testium stabit verbum.

As His severity in exacting punishment, where murder has been unquestionably committed, shows how highly God rates the life of men, so the qualification, which we find here, declares, that he takes equal care for the preservation of innocent blood. For, since too great credulity would often impel the judges to condemn the guiltless, He here applies a remedy to this evil, forbidding that the crime should be punished unless proved by sure testimony. Although He has naturally inscribed this law upon every heart, yet he would have it written down, that its observance amongst the Israelites might be more sacred; for nothing is more dangerous than to expose men's lives to the tongue of a single individual; but, where the consent of two or three is carefully weighed, any lurking falsehood is for the most part detected.

Lest, therefore, any one should be rashly condemned, and so innocence should be oppressed by any light conjectures, or insufficient accusations, or unjust prejudices, God here interferes, and does not allow any to be harshly dealt with, unless duly convicted.

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

16. Quum steterit testis mendax contra aliquem, ut testificetur contra eum verbum perversum:

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:

17. Tunc stabunt duo illi homines quibus est lis, coram Jehova, id est coram sacerdotibus et judicibus qui fuerint in diebus illis.

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

18. Et inquirent judices diligenter, et si testis ille est testis mendax, mendacium testificatus est contra fratrem suum:

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.

19. Facietis ei, quemadmodum cogitavit facere fratri suo, et auferes malum e medio tui.

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

20. Et qui remanserint, audient ac timebunt, nec addent facere ultra malum simile huic in medio tui.

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.

21. Neque parcet oculus tuus: animam pro anima, oculum pro oculo, dentem pro dente, manum pro manu, pedem pro pede.

16. If a false witness rise up against any man. Because the fear of God does not so prevail in all men, as that they should voluntarily abstain from the love of slander, God here appoints the punishment to be inflicted for perjury: for political laws are enacted against the ungodly and disobedient, in order that those who despise God's judgment should be brought before the tribunal of men. Although perjury is not here ordained to be tried before the judges, unless there should be an accuser, who should complain that he had been unjustly injured by false-witness, still reason dictates, that if any man have been condemned to death by false-witnesses, the judges should not hesitate to make an official inquiry into the matter. Yet, inasmuch as men are generally disposed to assert their own innocence, God has deemed it sufficient to put the case, that if any complaint should be lodged, the judges should diligently investigate it, and if the crime be proved, should inflict the punishment of retaliation (talionis.) Whence it appears that false-witnesses and murderers stand in the same light before God. By commanding that the inquiry should be made not only by the judges, but also by the priests, as if God Himself were present, He shews that He requires unusual diligence to be used; because a secret crime is not easily detected without the most anxious care.