The subject is
obscure and difficult, but if the inception of the process of breaking
down the right of enforcing the blood feud be fixed provisionally toward
the middle of the tenth century,--and this date is early enough,--the
movement of thought cannot be said to have attained anything like ultimate
results before at least the year 1321 when a case is cited wherein a man
was held guilty because he had attempted to kill his master, and the
"_volunias in isto casu reputabitur pro facto_."
Measuring by this standard five hundred years is a short enough period to
estimate the time necessary for a community to pass from the stage when
the blood feud is recognized as unquestioned law, to the status involved
in the administration of the cities of refuge, for in these cities not
only the mental condition is provided for as a legitimate defence, but the
defence of negligence is made admissible in a secular court.
"These six cities shall be a refuge, both for the children of Israel, and
for the stranger, and for the sojourner among them; that every one that
killeth any person unawares may flee thither....
"If he thrust him of hatred, or hurl at him by laying of 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 revenger of blood
shall slay the murderer, when he meeteth him.
Pages:
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59