III. I think that a fine passage in Rabirius's poem, where M. Antonius, seeing his fortune deserting him, nothing left him except the privilege of dying, and even that only on condition that he used it promptly, exclaims,

"What I have given, that I now possess!"

How much he might have possessed, had he chosen! These are riches to be depended upon, which through all the turmoil of human life will remain steadfast; and the greater they are, the less envy they will attract. Why are you sparing of your property, as though it were your own? You are but the manager of it. All those treasures, which make you swell with pride, and soar above mere mortals, till you forget the weakness of your nature; all that which you lock up in iron-grated treasuries, and guard in arms, which you win from other men with their lives, and defend at the risk of your own; for which you launch fleets to dye the sea with blood, and shake the walls of cities, not knowing what arrows fortune may be preparing for you behind your back; to gain which you have so often violated all the ties of relationship, of friendship, and of colleagueship, till the whole world lies crushed between the two combatants: all these are not yours; they are a kind of deposit, which is on the point of passing into other hands: your enemies, or your heirs, who are little better, will seize upon them. "How," do you ask, "can you make them your own?" "By giving them away." Do, then, what is best for your own interests, and gain a sure enjoyment of them, which cannot be taken from you, making them at once more certainly yours, and more honorable to you. That which you esteem so highly, that by which you think that you are made rich and powerful, owns but the shabby title of "house," "slave," or "money;" but when you have given it away, it becomes a benefit.

IV. "You admit," says our adversary, "that we sometimes are under no obligation to him from whom we have received a benefit. In that case it has been taken by force." Nay, there are many things which would cause us to cease to feel gratitude for a benefit, not because the benefit has been taken from me, but because it has been spoiled. Suppose that a man has defended me in a lawsuit, but has forcibly outraged my wife; he has not taken away the benefit which he conferred upon me, but by balancing it with an equivalent wrong, he has set me free from my debt; indeed, if he has injured me more than he had previously benefited me, he not only puts an end to my gratitude, but makes me free to revenge myself upon him, and to complain of him, when the wrong outweighs the benefit; in such a case the benefit is not taken away, but is overcome. Why, are not some fathers so cruel and so wicked that it is right and proper for their sons to turn away from them, and disown them? Yet, pray, have they taken away the life which they gave? No, but their unnatural conduct in later years has destroyed all the gratitude which was due to them for their original benefit. In these cases it is not a benefit itself, but the gratitude owing for a benefit which is taken away, and the result is, not that one does not possess the benefit, but that one is not laid under any obligation by it. It is as though a man were to lend me money, and then burn my house down; the advantage of the loan is balanced by the damage which he has caused: I do not repay him, and yet I am not in his debt. In like manner any one who may have acted kindly and generously to me, and who afterwards has shown himself haughty, insulting, and cruel, places me in just the same position as though I never had received anything from him: he has murdered his own benefits. Though the lease may remain in force, still a man does not continue to be a tenant if his landlord tramples down his crops, or cuts down his orchard; their contract is at an end, not because the landlord has received the rent which was agreed upon, but because he has made it impossible that he should receive it. So, too, a creditor often has to pay money to his debtor, should he have taken more property from him in other transactions than he claims as having lent him. The judge does not sit merely to decide between debtor and creditor, when he says, "You did lend the man money; but then, what followed? You have driven away his cattle, you have murdered his slave, you have in your possession plate which you have not paid for. After valuing what each has received, I order you, who came to this court as a creditor, to leave it as a debtor." In like manner a balance is struck between benefits and injuries. In many cases, I repeat, a benefit is not taken away from him who receives it, and yet it lays him under no obligation, if the giver has repented of giving it, called himself unhappy because he gave it, sighed or made a wry face while he gave it; if he thought that he was throwing it away rather than giving it, if he gave it to please himself, or to please any one except me, the receiver; if he persistently makes himself offensive by boasting of what he has done, if he brags of his gift everywhere, and makes it a misery to me, then indeed the benefit remains in my hands, but I owe him nothing for it, just as sums of money to which a creditor has no legal right are owed to him, but cannot be claimed by him.

V. Though you have bestowed a benefit upon me, yet you have since done me a wrong; the benefit demanded gratitude, the wrong required vengeance: the result is that I do not owe you gratitude, nor do you owe me compensation—each is cancelled by the other. When we say, "I returned him his benefit," we do not mean that we restored to him the very thing which we had received, but something else in its place. To return is to give back one thing instead of another, because, of course, in all repayment it is not the thing itself, but its equivalent which is returned. We are said to have returned money even though we count out gold pieces instead of silver ones, or even if no money passes between us, but the transaction be effected verbally by the assignment of a debt.

I think I see you say, "You are wasting your time; of what use is it to me to know whether what I do not owe to another still remains in my hands or not? These are like the ingenious subtleties of the lawyers, who declare that one cannot acquire an inheritance by prescription, but can only acquire those things of which the inheritance consists, as though there were any difference between the heritage and the things of which it consists. Rather decide this point for me, which may be of use. If the same man confers a benefit upon me, and afterwards does me a wrong, is it my duty to return the benefit to him, and nevertheless to avenge myself upon him, having, as it were, two distinct accounts open with him, or to mix them both together, and do nothing, leaving the benefit to be wiped out by the injury, the injury by the benefit? I see that the former course is adopted by the law of the land; you know best what the law may be among you Stoic philosophers in such a case. I suppose that you keep the action which I bring against another distinct from that which he Strings against me, and the two processes are not merged into one? For instance, if a man entrusts me with money, and afterwards robs me, I shall bring an action against him for theft, and he will bring one against me for unlawfully detaining his property?"

VI. The cases which you have mentioned, my Liberalis, come under well-established laws, which it is necessary for us to follow. One law cannot be merged in another: each one proceeds its own way. There is a particular action which deals with deposits just as there is one which deals with theft. A benefit is subject to no law; it depends upon my own arbitration. I am at liberty to contrast the amount of good or harm which any one may have done me, and then to decide which of us is indebted to the other. In legal processes we ourselves have no power, we must go whither they lead us; in the case of a benefit the supreme power is mine, I pronounce sentence. Consequently I do not separate or distinguish between benefits and wrongs, but send them before the same judge. Unless I did so, you would bid me love and hate, give thanks and make complaints at the same time, which human nature does not admit of. I would rather compare the benefit and the injury with one another, and see whether there were any balance in my favour. If anybody puts lines of other writing upon my manuscript he conceals, though he does not take away, the letters which were there before, and in like manner a wrong coming after a benefit does not allow it to be seen.

VII. Your face, by which I have agreed to be guided, now becomes wrinkled with frowns, as though I were straying too widely from the subject. You seem to say to me:

"Why steer to seaward?
Hither bend thy course,
Hug close the shore..."

I do hug it as close as possible. So now, if you think that we have dwelt sufficiently upon this point, let us proceed to the consideration of the next—that is, whether we are at all indebted to any one who does us good without wishing to do so. I might have expressed this more clearly, if it were not right that the question should be somewhat obscurely stated, in order that by the distinction immediately following it may be shown that we mean to investigate the case both of him who does us good against his will, and that of him who does us good without knowing it. That a man who does us good by acting under compulsion does not thereby lay us under any obligation, is so clear, that no words are needed to prove it. Both this question, and any other of the like character which may be raised, can easily be settled if in each case we bear in mind that, for anything to be a benefit, it must reach us in the first place through some thought, and secondly through the thought of a friend and well-wisher. Therefore we do not feel any gratitude towards rivers, albeit they may bear large ships, afford an ample and unvarying stream for the conveyance of merchandise, or flow beauteously and full of fish through fertile fields. No one conceives himself to be indebted for a benefit to the Nile, any more than he would owe it a grudge if its waters flooded his fields to excess, and retired more slowly than usual; the wind does not bestow benefits, gentle and favorable though it may be, nor does wholesome and useful food; for he who would bestow a benefit upon me, must not only do me good, but must wish to do so. No obligation can therefore be incurred towards dumb animals; yet how many men have been saved from peril by the swiftness of a horse!—nor yet towards trees—yet how many sufferers from summer heat have been sheltered by the thick foliage of a tree! What difference can it make, whether I have profited by the act of one who did not know that he was doing me good, or one who could not know it, when in each case the will to do me good was wanting? You might as well bid me be grateful to a ship, a carriage, or a lance for saving me from danger, as bid me be grateful to a man who may have done me good by chance, but with no more intention of doing me good than those things could have.