Dialogues - Seneca (best ereader for pc txt) 📗

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 anyone 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 brings 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 anyone 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