gainst
his will, as a servant lawfully purchased; yea, though he should use his
services ever so little, only to the value of a farthing, or use but his
arm to lean on to support him, _if he be forced so to act as a servant_,
the person compelling him but once to do so, shall die as a thief,
whether he has sold him or not."]
The word _Ganabh_ here rendered _stealeth,_ means, the taking of what
belongs to another, whether by violence or fraud; the same word is used
in the eight commandment, and prohibits both robbery and theft.
The crime specified, is that of depriving SOMEBODY of the ownership of a
man. Is this somebody a master? and is the crime that of depriving a
master of his servant? Then it would have been "he that stealeth" a
_servant_, not "he that stealeth a _man_." If the crime had been the
taking of an individual from _another_, then the _term_ used would have
been expressive of that relation, and most especially if it was the
relation of property and _proprietor!_
The crime is stated in a three-fold form--man _stealing_, _selling_, and
_holding_. All are put on a level, and whelmed under one
penalty--DEATH[A]. This _somebody_ deprived of the ownership of a man,
is the _man himself_, robbed of personal ownership. Joseph said, "Indeed
I was _stolen_ away out of the land of the Hebrews." Gen. xl. 15. How
_stolen?_ His brethren sold him as an article of merchandize. Contrast
this penalty for _man_-stealing with that for _property_-stealing, Ex.
xxii. 14. If a man had stolen an _ox_ and killed or sold it, he was to
restore five oxen; if he had neither sold nor killed it, two oxen. But
in the case of stealing a _man_, the _first_ act drew down the utmost
power of punishment; however often repeated or aggravated the crime,
human penalty could do no more. The fact that the penalty for
_man_-stealing was death, and the penalty for _property_-stealing, the
mere restoration of double, shows that the two cases were adjudicated on
totally different principles. The man stolen might be diseased or
totally past labor, consequently instead of being profitable to the
thief, he would be a tax upon him, yet death was still the penalty,
though not a cent's worth of _property-value_ was taken. The penalty for
stealing property was a mere property-penalty. However large the theft,
the payment of double wiped out the score. It might have a greater money
value than a thousand men, yet death was not the penalty, nor maiming,
no
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