John Gill Commentary Genesis 44:9

"With whomsoever of thy servants it be found, let him die, and we also will be my lord`s bondmen." — Genesis 44:9 (ASV)

With whomsoever of your servants it be found
The silver cup: both let him die;
which was rashly said, since they might have thought the cup might be put in one of your sacks unknown to them, as their money had been before; and besides, death was a punishment too severe for such a crime, and therefore is by the steward himself moderated; but this they said the more strongly to express their innocence: and we also will be my lord's bondmen;
his servants, as long as they lived: this was likewise carrying the matter too far, and exceeding all bounds of justice, which could only require satisfaction of the offender.