The Ethical Writings. Cicero
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into account. The most illustrious example of justice toward an enemy was presented by our ancestors, when the Senate and Caius Fabricius sent back to Pyrrhus a deserter who promised the Senate to kill the king by poison. Thus they refused to sanction the murder of an enemy, and a powerful one, and one who was making war on them without provocation.
Enough has now been said about duties connected with war.
We should also bear it in mind that justice is to be maintained even toward those of the lowest condition. But the lowest condition and fortune is that of slaves, who, it has been well said, ought to be treated as hired servants, to have their daily tasks assigned them, and to receive a just compensation for their labor. Ref. 036 In fine, while wrong may be done in two ways, either by force or by fraud, the latter seems to belong, as it were, to the fox, the former to the lion, and neither to be congenial with man. Yet of the two, fraud is the most detestable. But of all forms of injustice, none is more heinous than that of the men who, while they practise fraud to the utmost of their ability, do it in such a way that they appear to be good men. Enough has been said about justice.
14. In the next place, as was proposed, let us speak of beneficence and liberality, than which, indeed, nothing is more in harmony with human nature; yet at many points it demands circumspection. In the first place, care must be taken lest our kindness be of disadvantage to those whom we seem to benefit, or to others; in the next place, lest our generosity exceed our means; still further, that our benefactions be apportioned to the merit of our beneficiaries, — a fundamental principle of justice to which reference should be had in whatever we do for others. Now, those who bestow on any person what is likely to be of disadvantage to him to whom they seem to be kind, are to be regarded not as beneficent and liberal, but as harmful flatterers; and those who injure some that they may be generous to others, are as much in the wrong as if they directly converted what belongs to others into their own property. Yet there are many, especially those greedy for show and fame, who take from some what they mean to lavish on others, and these persons think that they shall seem beneficent toward their friends if they enrich them, no matter how. But this is so remote from duty, that nothing can be more contrary to duty. We must, then, take care that in our generosity, while we do good to our friends, we injure no one. Therefore the transfer of property by Lucius Sulla and Caius Caesar Ref. 037 from its rightful owners to those to whom it did not belong ought not to be deemed generous; for nothing is generous that is not at the same time just. The second caution is that our generosity should not exceed our means; for those who want to be more generous than their property authorizes them to be, in the first place are blameworthy because they are unjust toward their nearest kindred, giving to strangers what ought to be employed for the needs of their own families or bequeathed for their future use. There is, too, connected with generosity of this type, in almost every instance, a disposition to seize and appropriate wrongfully the property of other men, in order to furnish means for prodigal giving. We can see, also, that a large number of persons, less from a liberal nature than for the reputation of generosity, do many things that evidently proceed from ostentation rather than from good will. It was said, in the third place, that in beneficence regard should be had to merit, in which matter we should take into consideration the character of the candidate for our favor, his disposition toward us, the degree of his familiarity and intimacy with us, and the good offices which he may have previously rendered for our benefit. That all these reasons for our kindness should be combined, is desirable; if some of them are wanting, preponderant weight must be given to the more numerous and more important reasons.
15. But since we pass our lives, not among perfect and faultlessly wise men, Ref. 038 but among those in whom it is well if there be found the semblance of virtue, it ought, as I think, to be our purpose to leave none unbefriended in whom there is any trace of virtue; but at the same time those have the highest claim to our kind offices who are most richly endowed with the gentler virtues, moderation, self-control, and this very justice about which I have said so much. For in a man not perfect or wise, a bold and ambitious mind is generally too impetuous; while the virtues that I have just named seem to be more in accordance with the character of a truly good man. Thus far I have spoken only of the character of those to whom our kind offices are to be rendered. In the next place, as to the good will borne to us, our first duty is to bestow the most on those who hold us in the dearest regard. We ought, however, to judge of their good will not, as young people often do, by ardent expressions of love, but rather by the firmness and constancy of their attachment. But if there are obligations on our part, so that kindness is not to begin with us, but to be returned by us, there is all the greater responsibility laid upon us; for there is no more essential duty than that of returning kindness received. If Hesiod bids us to restore what we have borrowed for use in a greater measure, if we can, what ought we to do when appealed to by unsolicited beneficence? Ought we not to imitate fertile fields, which bring forth much more than they received? If we do not hesitate to confer favors on those who, we hope, will be of service to us, what ought we to be toward those who have already done us service? For while there are two kinds of generosity, one that of bestowing, the other that of returning good offices, — whether we bestow or not, it is for us to choose; but to omit the returning of kindness is impossible for a good man, if he can do so without wronging any one. But there is room for discrimination as to the benefits received; nor can it be denied that the greater the benefit, the greater is the obligation. In this matter the first thing to be considered is, with what degree of earnestness, zeal, and true benevolence one has shown us kindness. For many bestow benefits at haphazard, without judgment or method, or roused to action by some sudden impulse of mind, as if by a blast of wind; and their kindnesses are not to be esteemed so great as those which are conferred with judgment, deliberately and continuously. But alike in bestowing benefit and in returning kindness, other things being equal, it is in the highest degree incumbent upon us to do the most for those who need the most. The contrary is the common habit. Him from whom men hope the most, even if he has no need, they are the most ready to serve.
16. Still further, human society and fellowship will be best maintained, if where there is the most intimate relation, the greatest amount of kindness be bestowed. Here it may be well to trace back the social relations of men to their principles in nature. The first of these principles is that which is seen in the social union of the entire race of man. Its bond is reason as expressed in language, Ref. 039 which by teaching, learning, imparting, discussing, deciding, conciliates mutual regard, and unites men by a certain natural fellowship; nor in any respect are we farther removed from the nature of beasts, in which, we often say, there is courage, as in the horse and the lion, but not justice, equity, goodness, inasmuch as they have neither reason nor language. Indeed, it is through this society, so broadly open to men with one another, to all with all, that common possession is to be maintained as to whatever nature has produced for the common use of men; so that while those things that are specially designated by the statutes and the civil law are held as thus decreed, according to these very laws other things may be regarded in the sense of the Greek proverb, “All things are common among friends.” Indeed, all those things seem to be common among men, which are of the kind designated by Ennius in a single example, but comprehending many others: —
“Who kindly shows a wanderer his way,
Lights, as it were, a torch from his own torch, —
In kindling others’ light, no less he shines.”
This one instance suffices to illustrate the rule, that whatever one can give without suffering detriment should be given even to an entire stranger. Thus among common obligations we may reckon, to prohibit no one from drinking at a stream of running water; to permit any one who wishes to light fire from fire; to give faithful advice to one who is in doubt, — which things are useful to the receiver, and do no harm to the giver. But since the resources of individuals are small, while the multitude of those who need them is unbounded, this indiscriminate giving should have the limit suggested by Ennius, “No less he shines,” so that we may have the means of generosity to those peculiarly our own.
17. But there are several degrees of relationship among men. To take our departure from the tie of common humanity, of which I have spoken, there is a nearer relation of race, nation, and language, which brings men into very close community of feeling. It is a still more intimate bond to belong to the same city;