Here is, I. The treaty soon concluded with the Gibeonites, Jos 9:15. The thing was not done with much formality, but in short, 1. They agreed to let them live, and more the Gibeonites did not ask. In a common war this would have been but a small matter to be granted; but in the wars of Canaan, which were to make a general destruction, it was a great favour to a Canaanite to have his life given him for a prey, Jer 45:5. 2. This agreement was made not by Joshua only, but by the princes of the congregation in conjunction with him. Though Joshua had an extraordinary call to the government, and extraordinary qualifications for it, yet he would not act in an affair of this nature without the counsel and concurrence of the princes, who were neither kept in the dark nor kept under foot, but were treated by him as sharers in the government. 3. It was ratified by an oath; they swore unto them, not by any of the gods of Canaan, but by the God of Israel only, Jos 9:19. Those that mean honestly do not startle at assurances, but satisfy those with whom they treat, and glorify God by calling him to witness to the sincerity of their intentions. 4. Nothing appears to have been culpable in all this but that it was done rashly; they took of their victuals, by which they satisfied themselves that it was indeed old and dry, but did not consider that his was no proof of their bringing it fresh from home; so that, making use of their senses only, but not their reason, they received the men (as the margin reads it) because of their victuals, perceiving perhaps, upon the view and taste of their bread, not only that now it was old, but that it had been fine and very good at first, whence they inferred that they were persons of some quality, and therefore the friendship of their country was not to be despised. But they asked not counsel at the mouth of the Lord. They had the Urim and Thummim with them, which they might have advised with in this difficult case, and which would have told them no lie, would have led them into no error; but they relied so much on their own politics that they thought it needless to bring the matter to the oracle. Joshua himself was not altogether without blame herein. Note, We make more haste than good speed in any business when we stay not to take God along with us, and by the word and prayer to consult him. Many a time we see cause to reflect upon it with regret that such and such an affair miscarried, because we asked not counsel at the mouth of the Lord; would we acknowledge him in all our ways, we should find them more safe, easy, and successful.

II.The fraud soon discovered, by which this league was procured. A lying tongue is but for a moment, and truth will be the daughter of time. Within three days they found, to their great surprise, that the cities which these ambassadors had treated for were very near them, but one night's foot-march from the camp at Gilgal, Jos 10:9. Either their own scouts or the parties that sallied out to acquaint themselves with the country, or perhaps some deserters that came over to them from the enemy, informed them of the truth in this matter. Those that suffer themselves to be deceived by the wiles of Satan will soon be undeceived to their confusion, and will find that near, even at the door, which they imagined was very far off.

III.The disgust of the congregation at this. They did indeed submit to the restraints which this league laid upon them, and smote not the cities of the Gibeonites, neither slew the persons nor seized the prey; but it vexed them to have their hands thus tied, and they murmured against the princes (Jos 9:18) it is to be feared, more from a jealousy for their own profit than from a zeal for the fulfilling of God's command, though some of them perhaps had a regard to that. Many are forward to arraign and censure the actions of princes while they are ignorant of the springs of those actions and are incompetent judges of the reasons of state that govern them. While therefore we are satisfied in general that those who are over us aim at nothing but the public good, and sincerely seek the welfare of their people, we ought to make the best of what they do and not exercise ourselves in things above us.

IV.The prudent endeavour of the princes to pacify the discontented congregation, and to accommodate the matter; herein all the princes concurred and were unanimous, which doubtless disposed the people to acquiesce.

1.They resolved to spare the lives of the Gibeonites, for so they had expressly sworn to do (Jos 9:15), to let them live. (1.) The oath was lawful, else it had not bound them any more than Herod's oath bound him to cut off John Baptist's head; it is true God had appointed them to destroy all the Canaanites, but the law must be construed, in favorem vitae - with some tender allowance, to mean those only that stood it out and would not surrender their country to them, and not to bind them so far to put off the sense of honour and humanity as to slay those who had never lifted up a hand against them nor ever would, but before they were reduced to any extremity, or ever attempted any act of hostility, with one consent humbled themselves; the kings of Israel were certainly more merciful kings than to do so (Kg1 20:31), and the God of Israel a more merciful God than to order it so. Satis est prostrasse leoni - It is enough to have laid the lion prostrate. And besides, the reason of the law is the law; the mischief designed to be prevented by that law was the infecting of the Israelites with their idolatry, Deu 7:4. But if the Gibeonites renounce their idolatry, and become friends and servants to the house of God, the danger is effectually prevented, the reason of the law ceases, and consequently the obligation of it, especially to a thing of this nature. The conversion of sinners shall prevent their ruin. (2.) The oath being lawful, both the princes and the people for whom they transacted were bound by it, bound in conscience, bound in honour to the God of Israel, by whom they had sworn, and whose name would have been blasphemed by the Canaanites if they had violated this oath. They speak as those that feared an oath (Ecc 9:2), when they argued thus: We will let them live, lest wrath be upon us, because of the oath which we swore, Jos 9:20. He that ratifies a promise with an oath imprecates the divine vengeance if he wilfully break his promise, and has reason to expect that divine justice will take him at his word. God is not mocked, and therefore oaths are not to be jested with. The princes would keep their word, [1.] Though they lost by it. A citizen of Zion swears to his own hurt and changes not, Psa 15:4. Joshua and the princes, when they found it was to their prejudice that they had thus bound themselves, did not apply to Eleazar for a dispensation, much less did they pretend that no faith is to be kept with heretics, with Canaanites; no, they were strangers to the modern artifices of the Romish church to elude the most sacred bonds, and even to sanctify perjuries [2.] Though the people were uneasy at it, and their discontent might have ended in a mutiny, yet the princes would not violate their engagement to the Gibeonites; we must never be over-awed, either by majesty or multitude, to do a sinful thing, and go against our consciences. [3.] Though they were drawn into this league by a wile, and might have had a very plausible pretence to declare it null and void, yet they adhered to it. They might have pleaded that though those were the men with whom they exchanged the ratifications, yet these were not the cities intended in the league; they had promised to spare certain cities, without names, that were very far off, and upon the express consideration of their being so; but these were very near, and therefore not the cities that they covenanted with. And many learned men have thought that they were so grossly imposed upon by the Gibeonites that it would have been lawful for them to have recalled their promise, but to preserve their reputation, and to keep up in Israel a veneration of an oath, they would stand to it; but it is plain that they thought themselves indispensably obliged by it, and were apprehensive that the wrath of God would fall upon them if they broke it. And, however their adherence to it might be displeasing to the congregation, it is plain that it was acceptable to God; for when, in pursuance of this league, they undertook the protection of the Gibeonites, God gave them the most glorious victory that ever they had in all their wars (ch. 10), and long afterwards severely avenged the wrong Saul did to the Gibeonites in violation of this league, Sa2 21:1. Let this convince us all how religiously we ought to perform our promises, and make good our bargains; and what conscience we ought to make of our words when they are once given. If a covenant obtained by so many lies and deceits might not be broken, shall we think to evade the obligation of those that have been made with all possible honesty and fairness? If the fraud of others will not justify or excuse our falsehood, certainly the honesty of others in dealing with us will aggravate and condemn our dishonesty in dealing with them.

2.Though they spared their lives, yet they seized their liberties, and sentenced them to be hewers of wood and drawers of water to the congregation, Jos 9:21. By this proposal the discontented congregation was pacified; for, (1.) Those who were angry that the Gibeonites lived might be content when they saw them condemned to that which, in the general apprehension, is worse than death, perpetual servitude. (2.) Those who were angry that they were not spoiled might be content when their serving the congregation would be more to the public advantage than their best effects could be; and, in short, the Israelites would be not losers either in honour or profit by this peace with the Gibeonites; convince them of this, and they will be satisfied.

Hewers of wood and drawers of water - Perhaps this is a sort of proverbial expression, signifying the lowest state of servitude, though it may also be understood literally. See below.

And the princes said to them, let them live,.... They were very pressing upon them, and importunate with them, to save their lives, because of the oath they had taken:

(but let them be hewers of wood, and drawers of water, unto all the congregation): which was a very low and mean employment, Deu 29:11; as well as wearisome; and this being a yoke of servitude on the Gibeonites, and a punishment of them for their fraud, and of service, profit, and advantage to the people of Israel, the princess proposed it in hopes of pacifying them, and that they would yield to spare the lives of the Gibeonites; what they proposed was, not that they should hew wood and draw water for all the Israelites for their private use, but what was necessary for the service of the sanctuary, which the congregation was obliged to furnish them with; and now these men should do that work for them, which before was incumbent on them; for Joshua afterwards imposed this upon them, to be hewers of wood and drawers of water for the house of God, Jos 9:23; though Kimchi thinks that while the people of Israel were in camp, and before the land was divided, they were hewers of wood and drawers of water to the congregation; but after the land was divided, and they were settled in their cities and inheritances, then they only hewed wood and drew water for the sanctuary at Gilgal, Shiloh, Nob, Gibeon, and the temple; the Jewish writers say (s), the Nethinim and the Gibeonites were the same, who became proselytes in the times of Joshua, see Ch1 9:2,

as the princes promised them; which is to be connected, not with their being hewers of wood and drawers of water, this the princes had said nothing of before, and which is rightly included in a parenthesis, but with their being let to live; this they had promised and sworn to, even all the princes, not only all that were now at Gibeon, and were persuading the people to let the Gibeonites live, but all the princes, even those that were not present, but in the camp at Gilgal.

(s) Maimon. & Bartenora in Misn. Kiddushin, c. 4. sect. 1.

the children of Israel smote them not--The moral character of the Gibeonites' stratagem was bad. The princes of the congregation did not vindicate either the expediency or the lawfulness of the connection they had formed; but they felt the solemn obligations of their oath; and, although the popular clamor was loud against them, caused either by disappointment at losing the spoils of Gibeon, or by displeasure at the apparent breach of the divine commandment, they determined to adhere to their pledge, "because they had sworn by the Lord God of Israel." The Israelitish princes acted conscientiously; they felt themselves bound by their solemn promise; but to prevent the disastrous consequences of their imprudent haste, they resolved to degrade the Gibeonites to a servile condition as a means of preventing their people from being ensnared into idolatry, and thus acted up, as they thought, to the true spirit and end of the law.