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to happen in the future. IV

Here I must do Epicurus the justice to say that he constantly complains of our ingratitude for past benefits, because we cannot bring back again, or count among our present pleasures, those good things which we have received long ago, although no pleasures can be more undeniable than those which cannot be taken from us. Present good is not yet altogether complete, some mischance may interrupt it; the future is in suspense, and uncertain; but what is past is laid up in safety. How can any man feel gratitude for benefits, if he skips through his whole life entirely engrossed with the present and the future? It is remembrance that makes men grateful; and the more men hope, the less they remember.

V

In the same way, my Liberalis, as some things remain in our memory as soon as they are learned, while to know others it is not enough to have learned them, for our knowledge slips away from us unless it be kept up⁠—I allude to geometry and astronomy, and such other sciences as are hard to remember because of their intricacy⁠—so the greatness of some benefits prevents their being forgotten, while others, individually less, though many more in number, and bestowed at different times, pass from our minds, because, as I have stated above, we do not constantly think about them, and do not willingly recognize how much we owe to each of our benefactors. Listen to the words of those who ask for favours. There is not one of them who does not declare that his remembrance will be eternal, who does not vow himself your devoted servant and slave, or find, if he can, some even greater expression of humility with which to pledge himself. After a brief space of time these same men avoid their former expressions, thinking them abject, and scarcely befitting freeborn men; afterwards they arrive at the same point to which, as I suppose, the worst and most ungrateful of men come⁠—that is, they forget. So little does forgetfulness excuse ingratitude, that even the remembrance of a benefit may leave us ungrateful.

VI

The question has been raised, whether this most odious vice ought to go unpunished; and whether the law commonly made use of in the schools, by which we can proceed against a man for ingratitude, ought to be adopted by the State also, since all men agree that it is just. “Why not?” you may say, “seeing that even cities cast in each other’s teeth the services which they have performed to one another, and demand from the children some return for benefits conferred upon their fathers?” On the other hand, our ancestors, who were most admirable men, made demands upon their enemies alone, and both gave and lost their benefits with magnanimity. With the exception of Macedonia, no nation has ever established an action at law for ingratitude. And this is a strong argument against its being established, because all agree in blaming crime; and homicide, poisoning, parricide, and sacrilege are visited with different penalties in different countries, but everywhere with some penalty; whereas this most common vice is nowhere punished, though it is everywhere blamed. We do not acquit it; but as it would be most difficult to reckon accurately the penalty for so varying a matter, we condemn it only to be hated, and place it upon the list of those crimes which we refer for judgment to the gods.

VII

Many arguments occur to me which prove that this vice ought not to come under the action of the law. First of all, the best part of a benefit is lost if the benefit can be sued for at law, as in the case of a loan, or of letting and hiring. Indeed, the finest part of a benefit is that we have given it without considering whether we shall lose it or not, that we have left all this to the free choice of him who receives it: if I call him before a judge, it begins to be not a benefit, but a loan. Next, though it is a most honourable thing to show gratitude, it ceases to be honourable if it be forced, for in that case no one will praise a grateful man any more than he praises him who restores the money which was deposited in his keeping, or who pays what he borrowed without the intervention of a judge. We should therefore spoil the two finest things in human life⁠—a grateful man and a beneficent man; for what is there admirable in one who does not give but merely lends a benefit, or in one who repays it, not because he wishes, but because he is forced to do so? There is no credit in being grateful, unless it is safe to be ungrateful. Besides this, all the courts would hardly be enough for the action of this one law. Who would not plead under it? Who would not be pleaded against? for everyone exalts his own merits, everyone magnifies even the smallest matters which he has bestowed upon another. Besides this, those things which form the subject of a judicial inquiry can be distinctly defined, and cannot afford unlimited licence to the judge; wherefore a good cause is in a better position if it be tried before a judge than before an arbitrator, because the words of the law tie down a judge and define certain limits beyond which he may not pass, whereas the conscience of an arbitrator is free and not fettered by any rules, so that he can either give or take away, and can arrange his decision, not according to the precepts of law and justice, but just as his own kindly feeling or compassion may prompt him. An action for ingratitude would not bind a judge, but would place him in the position of an autocrat. It cannot

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