Library / Commentary on Joshua, Volume II

After the Wars: Caput XX

Question IX. What [is] the difference between the asylums of the Old Testament and of the New?

Between the asylums of the Old and the New Testament, [there] occurs chiefly a fourfold difference. First: [there] are more among the Christians than [there] were among the Jews. For how many temples [are there], to omit the rest, in one somewhat larger city? How many in the villages, citadels, and farmsteads of some little domain? Second: refuge is [available] for more misdeeds at the Churches of CHRIST than at the ancient cities of refuge. For to these [cities] [it] was permitted to flee only in the one case of homicide — and [that] involuntary; but to those [Churches, one may flee] in almost every crime and danger. I say “almost,” because the [Decretal] ch. “Inter alia” (in the Liber Extra, On the immunity of Churches) denies immunity and security, in the asylums of the temples, to nocturnal ravagers of fields, to public robbers, and to waylayers of roads. And by the same loss and detriment of [the right of] asylum are affected [deprived] the ravishers of virgins, traitors, the sacrilegious, blasphemers, heretics, apostates, Jews, and as many as offend in the asylums themselves — as the before-cited Interpreters of law explain at greater length, especially Covarruvias. Third: the Christian immunity avails for more [purposes] than the Jewish [one]. For that [Jewish immunity] protected refugees only against the avengers and pursuers of blood — but not against the judges. But the Christian [immunity protects] even against these [judges] — so that these [judges] cannot drag away from the asylum those who have betaken themselves to it, and snatch [them] off to the tribunal and the hearing of the case.

(col. 1221)

[…continued from col. 1220.] Fourth: the refuge and immunity of the Old Testament was granted and prescribed by God himself; but the Christian [one] [was granted] by men only — but [men] endowed with authority, whether Ecclesiastical or political, such as Pontiffs, Emperors, and Kings — as Covarruvias rightly proves in the cited place, and Abulensis here (q. 7), where he censures those Jurisconsults who, from the [fact] that in the Old Testament [it] was commanded by God, think [that] by the same [God it] was commanded in the New [Testament] likewise. For truly, through CHRIST our Lord and Savior, all the laws of the Old Testament [were] abrogated — [all] which nature itself did not implant and fix in the minds of men (of which kind the moral [laws] in the Decalogue are). But the others, which pertained to ceremonies and to judgments [judicial laws], [were] all abolished (Acts 15; Rom. 3; Gal. 2, 3, 4, 5); nor do [they] now have any force, except [such] as the Christian Magistrates may perhaps have given to them, for some certain usefulness and cause, by their [own] right and authority.

Preview of the quotation image

Drag across the words below to colour them in the picture.

To cite this page

Nicolaus Serarius, S.J., “Question IX. What [is] the difference between the asylums of the Old Testament and of the New?,” in Commentary on Joshua, Volume II, English translation, Mind of the Church, https://mindofthechurch.com/works/serarius-joshua-2/314-question-ix-what-is-the-difference-between-the-asylums-o/.

Receive the new translations

One email when a new work or note is published — nothing else, ever.