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another to me, but rather as a father and a mother possess their children in common when they have two, not each parent possessing one child, but each possessing both. First of all I will prove that any chance would-be partner of mine has nothing in common with me: and why? Because this community of goods can only exist between wise men, who are alone capable of friendship: other men can neither be friends nor partners one to another. In the next place, things may be owned in common in various ways. The knights’ seats in the theatre belong to all the Roman knights; yet of these the seat which I occupy becomes my own, and if I yield it up to anyone, although I only yield him a thing which we own in common, still I appear to have given him something. Some things belong to certain persons under particular conditions. I have a place among the knights, not to sell, or to let, or to dwell in, but simply to see the spectacle from, wherefore I do not tell an untruth when I say that I have a place among the knights’ seats. Yet if, when I come into the theatre, the knights’ seats are full, I both have a seat there by right, because I have the privilege of sitting there, and I have not a seat there, because my seat is occupied by those who share my right to those places. Suppose that the same thing takes place between friends; whatever our friend possesses, is common to us, but is the property of him who owns it; I cannot make use of it against his will. “You are laughing at me,” say you; “if what belongs to my friend is mine, I am able to sell it.” You are not able; for you are not able to sell your place among the knights’ seats, and yet they are in common between you and the other knights. Consequently, the fact that you cannot sell a thing, or consume it, or exchange it for the better or the worse does not prove that it is not yours; for that which is yours under certain conditions is yours nevertheless. XIII

I have received, but certainly not less. Not to detain you longer than is necessary, a benefit can be no more than a benefit; but the means employed to convey benefits may be both greater and more numerous. I mean those things by which kindness expresses and gives vent to itself, like lovers, whose many kisses and close embraces do not increase their love but give it play.

XIV

The next question which arises has been thoroughly threshed out in the former books, so here it shall only be touched on shortly; for the arguments which have been used for other cases can be transferred to it.

The question is, whether one who has done everything in his power to return a benefit, has returned it. “You may know,” says our adversary, “that he has not returned it, because he did everything in his power to return it; it is evident, therefore, that he did not do that which he did not have an opportunity of doing. A man who searches everywhere for his creditor without finding him does not thereby pay him what he owes.” Some are in such a position that it is their duty to effect something material; in the case of others to have done all in their power to effect it is as good as effecting it. If a physician has done all in his power to heal his patient he has performed his duty; an advocate who employs his whole powers of eloquence on his client’s behalf, performs his duty even though his client be convicted; the generalship even of a beaten commander is praised if he has prudently, laboriously, and courageously exercised his functions. Your friend has done all in his power to return your kindness, but your good fortune stood in his way; no adversity befell you in which he could prove the truth of his friendship; he could not give you money when you were rich, or nurse you when you were in health, or help you when you were succeeding; yet he repaid your kindness, even though you did not receive a benefit from him. Moreover, this man, being always eager, and on the watch for an opportunity of doing this, as he has expended much anxiety and much trouble upon it, has really done more than he who quickly had an opportunity of repaying your kindness. The case of a debtor is not the same, for it is not enough for him to have tried to find the money unless he pays it; in his case a harsh creditor stands over him who will not let a single day pass without charging him interest; in yours there is a most kind friend, who seeing you busy, troubled, and anxious would say.

“ ‘Dismiss this trouble from thy breast;’

leave off disturbing yourself; I have received from you all that I wish; you wrong me, if you suppose that I want anything further; you have fully repaid me in intention.”

“Tell me,” says our adversary, “if he had repaid the benefit you would say that he had returned your kindness: is, then, he who repays it in the same position as he who does not repay it?”

On the other hand, consider this: if he had forgotten the benefit which he had received, if he had not even attempted to be grateful, you would say that he had not returned the kindness; but this man has laboured day and night to the neglect of all his other duties in his devoted care to let no opportunity of proving his gratitude escape him; is then he who took no pains to return a kindness to be classed with this man who never ceased to take pains? you are unjust, if you

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