Book 6.6

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.