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be known what or how great a benefit is; all that would be really important would be, how indulgently the judge might interpret it. No law defines an ungrateful person, often, indeed, one who repays what he has received is ungrateful, and one who has not returned it is grateful. Even an unpractised judge can give his vote upon some matters; for instance, when the thing to be determined is whether something has or has not been done, when a dispute is terminated by the parties giving written bonds, or when the casting up of accounts decides between the disputants. When, however, motives have to be guessed at, when matters upon which wisdom alone can decide, are brought into court, they cannot be tried by a judge taken at random from the list of “select judges,”136 whom property and the inheritance of an equestrian fortune137 has placed upon the roll. VIII

Ingratitude, therefore, is not only matter unfit to be brought into court, but no judge could be found fit to try it; and this you will not be surprised at, if you examine the difficulties of anyone who should attempt to prosecute a man upon such a charge. One man may have given a large sum of money, but he is rich and would not feel it; another may have given it at the cost of his entire inheritance. The sum given is the same in each case, but the benefit conferred is not the same. Add another instance: suppose that to redeem a debtor from slavery one man paid money from his own private means, while another man paid the same sum, but had to borrow it or beg for it, and allow himself to be laid under a great obligation to someone; would you rank the man who so easily bestowed his benefit on an equality with him who was obliged to receive a benefit himself before he could bestow it? Some benefits are great, not because of their amount, but because of the time at which they are bestowed; it is a benefit to give an estate whose fertility can bring down the price of corn, and it is a benefit to give a loaf of bread in time of famine; it is a benefit to give provinces through which flow vast navigable rivers, and it is a benefit, when men are parched with thirst, and can scarcely draw breath through their dry throats, to show them a spring of water. Who will compare these cases with one another, or weigh one against the other? It is hard to give a decision when it is not the thing given, but its meaning, which has to be considered; though what is given is the same, yet if it be given under different circumstances it has a different value. A man may have bestowed a benefit upon me, but unwillingly; he may have complained of having given it; he may have looked at me with greater haughtiness than he was wont to do; he may have been so slow in giving it, that he would have done me a greater service if he had promptly refused it. How could a judge estimate the value of these things, when words, hesitation, or looks can destroy all their claim to gratitude?

IX

What, again, could he do, seeing that some things are called benefits because they are unduly coveted, whilst others are not benefits at all, according to this common valuation, yet are of even greater value, though not so showy? You call it a benefit to cause a man to be adopted as a member of a powerful city, to get him enrolled among the knights, or to defend one who is being tried for his life: what do you say of him who gives useful advice? of him who holds you back when you would rush into crime? of him who strikes the sword from the hands of the suicide? of him who by his power of consolation brings back to the duties of life one who was plunged in grief, and eager to follow those whom he had lost? of him who sits at the bedside of the sick man, and who, when health and recovery depend upon seizing the right moment, administers food in due season, stimulates the failing veins with wine, or calls in the physician to the dying man? Who can estimate the value of such services as these? who can bid us weigh dissimilar benefits one with another? “I gave you a house,” says one. Yes, but I forewarned you that your own house would come down upon your head. “I gave you an estate,” says he. True, but I gave a plank to you when shipwrecked. “I fought for you and received wounds for you,” says another. But I saved your life by keeping silence. Since a benefit is both given and returned differently by different people, it is hard to make them balance.

X

Besides this, no day is appointed for repayment of a benefit, as there is for borrowed money; consequently he who has not yet repaid a benefit may do so hereafter: for tell me, pray, within what time a man is to be declared ungrateful? The greatest benefits cannot be proved by evidence; they often lurk in the silent consciousness of two men only; are we to introduce the rule of not bestowing benefits without witnesses? Next, what punishment are we to appoint for the ungrateful? is there to be one only for all, though the benefits which they have received are different? or should the punishment be varying, greater or less according to the benefit which each has received? Are our valuations to be restricted to pecuniary fines? what are we to do, seeing that in some cases the benefit conferred is life, and things dearer than life? What punishment is to be assigned to

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