Book 6.4

"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;