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city, only raising a tax or tribute upon them; but all the people found therein, were to be tributaries and servants. The terms to be given were, not to a city or people in their collective capacity, but to the indivi duals; to the several persons who had composed it. And they were to become tributaries and servants, in the manner that Solomon afterwards dealt with their chil dren in some particular cities, where he found them." He made them pay tribute, or, as it is otherwise expressed in the book of Kings, he levied a tribute of bond-service upon them; the nature of which is suf ficiently explained by what follows. Of the children of Israel did Solomon make no bondmen, but they were his men of war, and his servants, and his prin ces, and his captains, and bare rule over the people, that wrought in the work, consequently, those tributaries who paid him the tribute of bond-service, were, under the direction of these Israelites, obliged to perform the work and service, which was required of them. Now that this was the true intent of the direc

2 When Pharaoh Necho, after the death of Josiah, sent for Jehoahaz, whom the people had made king at Jerusa lem, and sent him prisoner to Egypt, and set up Jehoiakim king in his stead; as he did not take away from the Jews their being a people, though he raised a tax or tribute upon them; so it is not said, that all the people became tributaries unto him and served him, but that he put the land to a tribute. 2 Kings xxiii. 32.

2 2 Chron. viii. 7, 8.

C

1 Kings ix. 21.

b Ibid.

d Ver. 22, 23.

tion to the Israelites in the text above-cited; is evident from what appears to have been the failure, when afterwards they did not execute what had been given in charge to them. Thus after the death of Joshua, the children of Benjamin did not drive out the Jebusites from Jerusalem; the children of Manasseh did not dispossess the inhabitants of Beth-shean, and several other towns, of their respective cities. Ephraim was faulty in like manner, with regard to the Canaanites of Gezer, Zebulun to the inhabitants of Kitron and Nahalol, Asher and Naphtali to several other cities; though in all these cases, as the several tribes grew strong enough, they reduced these communities so far, as to compel them to pay tribute for their possessions. But because herein they came to terms with them, contrary to what God had commanded, to make no league with them; therefore what Joshua had before threatened," was now denounced against them; that GOD would not drive these nations out from before them; but that they should be as thorns in their sides, and their gods a snare unto them. This, I think, is a true representation of what the Is raelites were enjoined, with regard to the treatment which the inhabitants of these nations were to have from them; and from all this, I think, it evidently appears, that the Israelites could enter into no alli

Deut. xx. 11.
Ver. 29.
1 Ver. 30, 33, 35.

" Josh. xxiii. 13.

VOL. III.

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ance, could make no league, no covenant with them. They had indeed liberty to give them quarter, and grant them their lives, upon condition they would become their servants; but this, I think, cannot properly be called making a league, covenant or alliance with them; for a league is one thing, and servitude quite another. The word league is indeed used in a large sense by the Civilians. The Romans admitted that it signified a grant of any favours to conquered nations; and Diodorus Siculus uses a word of like import, where a conqueror had reduced the persons he had subdued to accept such terms as he thought fit to give them. In like manner the men of Jabesh-Gilead were offered a league with the Ammonite, by which they were to submit to serve him, and to have

P Exod. and Deut. ubi sup.

Dedititii non proprie in fædere, sed in ditione esse dicuntur, unde illud Latinorum de Campanis apud Livium: Campanorum aliam conditionem esse, qui non fædere, sed per ditionem in fidem venissent. Item de Apulis, ita in societatem eos esse acceptos, ut non æquo fædere, sed ut in ditione populi Romani essent. Vid. Calvin. Lexic. Jurid. in verbo fœdus.

Esse autem tria genera fæderum: unum, cum bello vic. tis dicerentur leges: ubi enim omnia ei, qui armis plus potest, dedita essent, quæ ex iis habere victos, quibus mulctari eos velit, ipsius jus atque arbitrium esse. Livii Hist. lib. 34, c. 57.

* Τεύταμον και της μετ' αυτό καταπληξάμενος, και σπονδας μιας βολείο θέσθαι παρασκευασάμενος, εδωκε χώραν και πολιν ες κατοι Diodor. Sic. Ecl. p. 839. edit. Rhodoman.

χησιν.

all their right eyes thrust out, in order to be made a reproach to all Israel. And in both these cases, as the people treated with were to be continued a people; what was granted might be stiled a league or covenant made with them. But the Israelites were not to suffer the nations of Canaan any longer to have a being: Their cities, country and possessions were to be taken from them, and their persons to become the property of the new possessors of their lands and estates. And under these circumstances, whatever favour each Canaanite might meet with in his private capacity, from the several Israelites into whose hands he might fall; yet no league or covenant could be lawfully concluded with any nation or community of them; because the Israelites were not at liberty to permit any such bodypolitic of them to remain in being, to receive and enjoy what by such league might be granted to them. Let us now enquire,

III. Whether the league concluded between Israel and the Gibeonites was contrary to what God had enjoined. And I think it certainly was; for unquestionably the peace and the league made by Joshua with this people was of a public nature. It was confirmed to their ambassadors, who appeared to treat no otherwise than in their public character; as agents not stipulating to save the lives of a few or of any number. of private men; but as negotiating for the public, for the health and safety of the còmmunity which employed them. Now to take occasion, from the words

1. Sam. ii, 2.

which tell us the nature of the league, which Joshua made with this people; to say, that he had only promised to let them live ;" and consequently that the Israelites had fully performed what they had engaged; inasmuch as they did not put the men, women, and children of Gibeon and its cities to the sword; would be, I think, a lower quibble, than the Romans were gui'ty of to the Carthaginians; when having granted by a public decree of the senate, that Carthage should be a free state, enjoy its own laws, and possess its domains in Africa; if they immediately delivered hostages, and performed what the consuls had in charge to require of them; they explained to them, that they thought the people, not the city was the state of Carthage,' and demanded of them to raze their city, and build themselves another in a situation higher up in their country. The Israelites were undoubtedly obliged by their treaty to stop the war, when they came to the

* Εαν τοις υπάτοις τριακοσίες

u Josh. ix. 15. της ενδοξότατης σφων παίδας ες ομηρείαν παρασχωσι, και τ' αλλά κατακέσωσιν αύλων, εξης Καρχηδόνα ελευθεραν τε και αυτονομον, και yne, con exholy my A.Gun. Appian. de Bello Punic. p. 43.

* Καρχηδονα γας υμας, κ το έδαφος, ηγέμεθα Id. p. 52. In voce, liberam relinqui Carthaginem, manifesta erat captio : frustra vocem Carthaginis urgebant Romani, dicentes civium multitudinem, non urbem significari. Grot. de Jure Belli & Pac. lib. 2, c. 16.

2 Εκςητε της Καρχηδονος ημίν, και ανοικίσασθε όπη θέλετε, της υμετέρας ογδοήκοντα ςαδίως απο θαλάσσης τηνδε γαρ ημιν εγνώςαι xalaσxxa. Appian. p. 46.

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