3.08

Therefore the truth is, not that this offense has appeared quite unfitted to be brought before a judge, but that no one has been found who was quite fitted to be its judge; and this will cause you no surprise if you will thresh out all the difficulties that anyone would have if he should appear against a man arraigned on a charge of this sort. A gift has been made by someone of a large sum of money, but the giver was rich, he was not likely to feel the sacrifice; the same gift was made by another, but the giver was likely to lose the whole of his patrimony. The sum given is the same, but the benefit is not the same. Take another case. Suppose a man paid out money for one who had been adjudged to his creditor, but in doing so drew from his own private means; another gave the same amount, but borrowed it or begged it, and in doing a great service was willing to burden himself with an obligation. Do you think that the one, for whom it was easy to bestow a benefit, and the other, who received in order that he might give a benefit, are both in the same class? The timeliness, not the size, of a gift makes some benefits great. It is a benefit to bestow the gift of an estate that by reason of its fertility may lower the price of grain, it is a benefit to bestow one loaf of bread in time of famine; it is a benefit to bestow lands that have large and navigable rivers flowing through them; it is a benefit to point out a spring of water to a man when he is parched with thirst and can scarcely draw breath through his dry throat. Who will match these one against another? Who will weigh them in the balance? The decision is difficult when it is concerned, not with the thing, but with the significance of the thing. Though the gifts are the same, if they are differently given their weight is not the same. A man may have bestowed on me a benefit, but suppose he did not do it willingly, suppose he complained about having bestowed it, suppose he regarded me more haughtily than was his wont, suppose he was so slow to give that he would have conferred a greater service if he had been quick to refuse. How will a judge set about appraising these benefits when the giver’s words, his hesitation, and expression may destroy all gratitude for his favor?