These cities, however, were not to be places of refuge for murderers, for those who from hatred and with wicked intent had slain others; if such fled to one of these cities, they were not to be suffered to remain there; the elders of their own city were to require them to be delivered up, that the avenger might put them to death (Numbers 35:16-33, etc.
). In the earlier legislation, it is enacted that the congregation shall judge in such matters, and that by their decision it should be determined in any case whether the person who had slain another was to be allowed to remain in a city of refuge or be delivered over to the avenger of blood.
With this the ordinance here is not inconsistent; the elders were not to act as judges, but merely as magistrates, to apprehend the man and bring him to trial.