servant would be a penalty _adequate_ to the desert of the master,
admits his _guilt_ and his desert of _some_ punishment, and it
prescribes a kind of punishment, rejected by the law in all cases where
man took the life of man, whether with or without the intent to kill. In
short, the objector annuls an integral part of the system--makes a _new_
law, and coolly metes out such penalty as he thinks fit. Divine
legislation revised and improved! The master who struck out his
servant's tooth, whether intentionally or not, was required to set him
free. The _pecuniary loss_ to the master was the same as though he had
killed him. Look at the two cases. A master beats his servant so that he
dies of his wounds; another accidentally strikes out his servant's
tooth,--_the pecuniary loss of both cases is the same_. If the loss of
the slave's services is punishment sufficient for the crime of killing
him, would _God_ command the _same_ punishment for the _accidental_
knocking out of a _tooth?_ Indeed, unless the injury was done
_inadvertantly_, the loss of the servant's services was only a _part_ of
the punishment--mere reparation to the _individual_ for injury done; the
_main_ punishment, that strictly _judicial_, was reparation to the
_community_. To set the servant free, and thus proclaim his injury, his
right to redress, and the measure of it--answered not the ends of
_public_ justice. The law made an example of the offender. That "those
that remain might hear and fear." "If a man cause a blemish in his
neighbor, as he hath done, so shall it be done unto him. Breach for
breach, eye for eye, tooth for tooth. Ye shall have one manner of law as
well for the STRANGER as for one of your own country." Lev xxiv. 19, 20,
22. Finally, if a master smote out his servant's tooth the law smote out
_his_ tooth--thus redressing the _public_ wrong; and it cancelled the
servant's obligation to the master, thus giving some compensation for
the injury done, and exempting him form perilous liabilities in future.
OBJECTION III. "Both thy bondmen and bondmaids which thou shalt have
shall be of the heathen that are round about you, of them shall ye buy
bondmen and bondmaids. Moreover of the children of the stranger that do
sojourn among you, of them shall ye buy, and of their families that are
with you, which they begat in your land, and they shall be your
possessions. And ye shall take them as an inheritance of your children
from you, to inherit
|