After this, we come to explain the differences between things. And if we were to say that there is none, then all life would be thrown into confusion, as it is by Aristo. Nor could any office or work be found for wisdom, if there were actually no difference between one thing and another, and if there were no power of selection at all requisite to be exerted. Therefore, after it had been sufficiently established that that alone was good which was honourable, and that alone evil which was disgraceful, they asserted that there were some particulars in which those things which had no influence on the misery or happiness of life, differed from one another, so that some of them deserved to be esteemed, some to be despised, and others were indifferent. But as to those things which deserved to be esteemed, some of them had in themselves sufficient reason for being preferred to others, as good health, soundness of the senses, freedom from pain, glory, riches, and similar things. But others were not of this kind. And in like manner, as to those things which were worthy of no esteem at all, some had cause enough in themselves why they should be rejected, such as pain, disease, loss of senses, poverty, ignominy, and things like them, and some had not. And thus, from this distinction, came what Zeno called προηγμένον, and on the other hand what he called ἀποπροηγμένον, as though writing in so copious a language, he chose to employ new terms of his own invention; a license which is not allowed to us in this barren language of ours; although you often insist that it is richer than the Greek. But it is not foreign to our present subject, in order that the meaning of the word may be more easily understood, to explain the principle on which Zeno invented these terms.
XVI. For as, says he, no one in a king’s palace says that the king is, as it were, led forward towards his dignity (for that is the real meaning of the word προηγμένον, but the term is applied to those who are of some rank whose order comes next to his, so as to be second to the kingly dignity); so in life too, it is not those things which are in the first rank, but those which are in the second which are called προηγμένα, or led forward.
And we may translate the Greek by _productum_ (this will be a strictly literal translation), or we may call it and its opposite _promotum_ and _remotum_, or as we have said before, we may call προηγμένον, _præpositum_ or _præcipuum_, and its opposite _rejectum_. For when the thing is understood, we ought to be very ductile as to the words which we employ.
But since we say that everything which is good holds the first rank, it follows inevitably that this which we call _præcipuum_ or _præpositum_, must be neither good nor bad. And therefore we define it as something indifferent, attended with a moderate esteem. For that which they call ἀδιάφορον, it occurs to me to translate _indifferens_. Nor, indeed, was it at all possible that there should be nothing left intermediate, which was either according to nature or contrary to it; nor, when that was left, that there should be nothing ranked in this class which was tolerably estimable; nor, if this position were once established, that there should not be some things which are preferred. This distinction, then, has been made with perfect propriety, and this simile is employed by them to make the truth more easily seen. For as, say they, if we were to suppose this to be, as it were, the end and greatest of goods, to throw a die in such a manner that it should stand upright, then the die which is thrown in such a manner as to fall upright, will have some particular thing preferred as its end, and _vice versâ_. And yet that preference of the die will have no reference to the end of which I have been speaking. So those things which have been preferred are referred indeed to the end, but have no reference at all to its force or nature.
Next comes that division, that of goods some have reference to that end (for so I express those which they call τελικὰ, for we must here, as we have said before, endure to express in many words, what we cannot express by one so as to be thoroughly intelligible,) some are efficient causes, and some are both together. But of those which have reference to that end, nothing is good except honourable actions; of those which are efficient causes, nothing is good except a friend. But they assert that wisdom is both a referential and an efficient good. For, because wisdom is suitable action, it is of that referential character which I have mentioned; but inasmuch as it brings and causes honourable actions, it may be so far called efficient.
XVII. Now these things which we have spoken of as preferred, are preferred some for their own sake, some because they effect something else, and some for both reasons. Some are preferred for their own sake, such as some particular appearance or expression of countenance, some particular kind of gait, or motion, in which there are some things which may well be preferred, and some which may be rejected. Others are said to be preferred because they produce something, as money; and others for a combination of both reasons, as soundness of the senses, or good health. But respecting good reputation, (for what they call εὐδοξία is more properly called, in this place, good reputation than glory,) Chrysippus and Diogenes denied its whole utility, and used to say that one ought not even to put forth a finger for the sake of it, with whom I entirely and heartily agree. But those who came after them, being unable to withstand the arguments of Carneades, said that this good reputation, as I call it, was preferred for its own sake, and ought to be chosen for its own sake, and that it was natural for a man of good family, who had been properly brought up, to wish to be praised by his parents, his relations, and by good men in general, and that too for the sake of the praise itself, and not of any advantage which might ensue from it. And they say, too, that as we wish to provide for our children, even for such as may be posthumous children, for their own sake, so we ought also to show a regard for posthumous fame after our death, for its own sake, without any thought of gain or advantage.
But as we assert that what is honourable is the only good, still it is consistent with this assertion to discharge one’s duty, though we do not class duty among either the goods or the evils. For there is in these things some likelihood, and that of such a nature that reasons can be alleged for there being such; and therefore of such a nature, that probable reasons may be adduced for adopting such a line of conduct. From which it follows that duty is a sort of neutral thing, which is not to be classed either among the goods or among the opposites of goods. And since, in those things which are neither ranked among the virtues nor among the vices, there is still something which may be of use; that is not to be destroyed. For there is a certain action of that sort, and that too of such a character that reason requires one to do and perform it. But that which is done in obedience to reason we call duty; duty, then, is a thing of that sort, that it must not be ranked either among the goods or among the opposites of goods.
XVIII. And this also is evident, that in these natural things the wise man is not altogether inactive. He therefore, when he acts, judges that that is his duty; and because he is never deceived in forming his judgment, duty must be classed among neutral things; and this is proved also by this conclusion of reason. For since we see that there is something which we pronounce to have been rightly done (for that is duty when accomplished), there must also be something which is rightly begun: as, if to restore what has been justly deposited belongs to the class of right actions, then it must be classed among the duties to restore a deposit; and the addition of the word “justly” makes the duty to be rightly performed: but the mere fact of restoring is classed as a duty. And since it is not doubtful, that in those things which we call intermediate or neutral, some ought to be chosen and others rejected, whatever is done or said in this manner comes under the head of ordinary duty. And from this it is understood, since all men naturally love themselves, that a fool is as sure as a wise man to choose what is in accordance with nature, and to reject what is contrary to it; and so there is one duty in common both to wise men and to fools; from which it follows that duty is conversant about those things which we call neutral. But since all duties proceed from these things, it is not without reason that it is said that all our thoughts are referred to these things, and among them our departure from life, and our remaining in life.
For he in whom there are many things which are in accordance with nature, his duty it is to remain in life; but as to the man in whom there either is or appears likely to be a preponderance of things contrary to nature, that man’s duty is to depart from life. From which consideration it is evident, that it is sometimes the duty of a wise man to depart from life when he is happy, and sometimes the duty of a fool to remain in life though he is miserable. For that good and that evil, as has been often said, comes afterwards. But those principal natural goods, and those which hold the second rank, and those things which are opposite to them, all come under the decision of, and are matters for the reflection of the wise man; and are, as it were, the subject matter of wisdom. Therefore the question of remaining in life, or of emigrating from it, is to be measured by all those circumstances which I have mentioned above; for death is not to be sought for by those men who are retained in life by virtue, nor by those who are destitute of virtue. But it is often the duty of a wise man to depart from life, when he is thoroughly happy, if it is in his power to do so opportunely; and that is living in a manner suitable to nature, for their maxim is, that living happily depends upon opportunity. Therefore a rule is laid down by wisdom, that if it be necessary a wise man is even to leave her herself.
Wherefore, as vice has not such power as to afford a justifying cause for voluntary death, it is evident that it is the duty even of fools, and of those too who are miserable, to remain in life, if they are surrounded by a preponderance of those things which we call according to nature. And since such a man is equally miserable, whether departing from life, or abiding in it, and since the duration of misery is not any the more a cause for fleeing from life, therefore it is not a causeless assertion, that those men who have the power of enjoying the greatest number of natural goods, ought to abide in life.
XIX. But they think it is very important with reference to this subject, that it should be understood that it is the work of nature, that children are beloved by their parents; and that this is the first principle from which we may trace the whole progress of the common society of the human race. And that this may be inferred, in the first place, from the figure and members of the body, which of themselves declare that a due regard for everything connected with generation has been exhibited by nature; nor can these two things possibly be consistent with one another, that nature should desire that offspring should be propagated, and yet take no care that what is propagated should be loved. But even in beasts the power of nature may be discerned; for when we see such labour bestowed upon the bringing forth and bearing of their offspring, we seem to be hearing the voice of nature herself. Wherefore, as it is evident that we are by nature averse to pain; so also it is clear that we are impelled by nature herself to love those whose existence we have caused. And from this it arises that there is such a recommendation by nature of one man to another, that one man ought never to appear unfriendly to another, for the simple reason that he is a man.
For as among the limbs some appear to be created for themselves as it were, as the eyes and ears; others assist the rest of the limbs, as the legs and hands; so there are some monstrous beasts born for themselves alone: but that fish which floats in an open shell and is called the pinna, and that other which swims out of the shell, and, because it is a guard to the other, is called the pinnoteres, and when it has withdrawn within the shell again, is shut up in it, so that it appears that it has given it warning to be on its guard; and also ants, and bees, and storks, do something for the sake of others. Much more is this the case with reference to the union of men. And therefore we are by nature adapted for companionship, for taking counsel together, for forming states. But they think that this world is regulated by the wisdom of the gods, and that it is, as it were, a common city and state of men and gods, and that every individual of us is a part of the world. From which that appears to follow by nature, that we should prefer the general advantage to our own. For as the laws prefer the general safety to that of individuals, so a good and wise man, and one who obeys the laws and who is not ignorant of his duty as a citizen, consults the general advantage rather than that of any particular individual, or even than his own. Nor is a betrayer of his country more to be blamed, than one who deserts the general advantage or the general safety on account of his own private advantage or safety. From which it also follows, that that man deserves to be praised who encounters death voluntarily for the sake of the republic, because it is right that the republic should be dearer to us than ourselves. And since it is said to be a wicked thing, and contrary to human nature, for a man to say that he would not care if, after his own death, a general conflagration of the whole world were to happen, which is often uttered in a Greek(47) verse; so it is certainly true that we ought to consult the interests of those who are to come after us, for the sake of the love which we bear them.
XX. It is in this disposition of mind that wills, and the recommendations of dying persons, have originated. And because no one would like to pass his life in solitude, not even if surrounded with an infinite abundance of pleasures, it is easily perceived that we are born for communion and fellowship with man, and for natural associations. But we are impelled by nature to wish to benefit as many persons as possible, especially by instructing them and delivering them precepts of prudence. Therefore, it is not easy to find a man who does not communicate to some other what he knows himself; so prone are we not only to learn, but also to teach. And as the principle is by nature implanted in bulls to fight in behalf of their calves with the greatest vigour and earnestness, even against lions; so those who are rich or powerful, and are able to do so, are excited by nature to preserve the race of mankind, as we have heard by tradition was the case with Hercules and Libera. And also when we call Jupiter all-powerful and all-good, and likewise when we speak of him as the salutary god, the hospitable god, or as Stator, we mean it to be understood that the safety of men is under his protection. But it is very inconsistent, when we are disregarded and despised by one another, to entreat, that we may be dear to and beloved by the immortal gods. As, therefore, we make use of our limbs before we have learnt the exact advantage with a view to which we are endowed with them, so also we are united and associated by nature in a community of fellow-citizens. And if this were not the case, there would be no room for either justice or benevolence.
And as men think that there are bonds of right which connect man with man, so also there is no law which connects man with the beasts. For well did Chrysippus say, that all other animals have been born for the sake of men and of the gods; but that men and gods have been born only for the sake of their own mutual communion and society, so that men might be able to use beasts for their own advantage without any violation of law or right. And since the nature of man is such that he has, as it were, a sort of right of citizenship connecting him with the whole human race, a man who maintains that right is just, and he who departs from it is unjust.
But as, although a theatre is publicly open, still it may be fairly said that the place which each individual has occupied belongs to him; so in a city, or in the world, which is likewise common to all, there is no principle of right which hinders each individual from having his own private property. But since we see that man has been born for the purpose of defending and preserving men, so it is consistent with this nature that a wise man should wish to manage and regulate the republic; and, in order to live in compliance with nature, to marry a wife and beget children. Nor do philosophers think virtuous love inconsistent with a wise man. But others say that the principles and life of the Cynics are more suited to a wise man; if, indeed, any chance should befal him which might compel him to act in such a manner; while others wholly deny it.
XXI. But in order that the society, and union, and affection between man and man may be completely preserved, they have laid it down that all benefits and injuries, which they call ὠφελήματα and βλάμματα, are likewise common; of which the former are advantageous, and the latter injurious. Nor have they been contented with calling them common, but they have also asserted their equality. But as for disadvantages and advantages, (by which words I translate εὐχρηστήματα and δυσχρηστήματα,) those they assert to be common, but they deny that they are equal. For those things which profit or which injure are either good or evil; and they must necessarily be equal. But advantages and disadvantages are of that kind which we have already called things preferred or rejected; and they cannot be equal. But advantages are said to be common; but things done rightly, and sins, are not considered common. But they think that friendship is to be cultivated because it is one of that class of things which is profitable. But although, in friendship, some people assert that the interest of a man’s friend is as dear to him as his own; others, on the other hand, contend that every man has a greater regard for his own.
Yet these latter confess that it is inconsistent with justice, for which we seem to be born, to take anything from another for the purpose of appropriating it to oneself. But philosophers of this school which I am speaking of, never approve of either friendship or justice being exercised or sanctioned for the sake of its usefulness: for they say that the same principles of usefulness may, at times, undermine or overturn them. In truth, neither justice nor friendship can have any existence at all, unless they be sought for their own sake. They contend also that all right, which has any pretence to the name and appellation, is so by nature; and that it is inconsistent with the character of a wise man, not only to do any injustice to any one, but even to do him any damage. Nor is it right to make such a league with one’s friends as to share in all their good deeds, or to become a partner in every act of injustice; and they argue, with the greatest dignity and truth, that justice can never be separated from usefulness: and that whatever is just and equitable is also honourable; and, reciprocally, that whatever is honourable must be also just and equitable.
And to those virtues which we have discussed, they also add dialectics and natural philosophy; and they call both these sciences by the name of virtues: one, because it has reason, so as to prevent our assenting to any false proposition, or being even deceived by any plausible probability; and to enable us to maintain and defend what we were saying about good and evil. For without this act they think that any one may be led away from the truth and deceived; accordingly, if rashness and ignorance is in every case vicious, this power which removes them is properly named virtue.
XXII. The same honour is also attributed to natural philosophy, and not without reason, because the man who wishes to live in a manner suitable to nature, must begin by studying the universal world, and the laws which govern it. Nor can any one form a correct judgment of good and evil without being acquainted with the whole system of nature, and of the life of the gods also, and without knowing whether or not the nature of man agrees with universal nature. He must also have learnt the ancient rules of those wise men who bid men yield to the times, and obey God, and know oneself, and shun every kind of excess. Now, without a knowledge of natural philosophy, no man can see what great power these rules have; and it is as great as can be: and also this is the only knowledge which can teach a man how greatly nature assists in the cultivation of justice, in the maintenance of friendship and the rest of the affections. Nor can piety towards the Gods, nor the gratitude which is due to them, be properly understood and appreciated without a correct understanding of the laws of nature.
But I feel now that I have advanced further than I had intended, or than the subject before me required. But the admirable arrangement of the Stoic doctrine, and the incredible beauty of the system, drew me on. And, in the name of the immortal gods! can you forbear to admire it? For what is there in all nature—though nothing is better or more accurately adapted to its ends than that—or what can be found in any work made by the hand, so well arranged, and united, and put together? What is there which is posterior, which does not agree with what has preceded it? What is there which follows, and does not correspond to what has gone before? What is there which is not connected with something else in such a manner, that if you only move one letter the whole will fall to pieces? Nor, indeed, is there anything which can be moved.
But what a grand and magnificent and consistent character is that of the wise man which is drawn by them! For he, after reason has taught him that that which is honourable is alone good, must inevitably be always happy, and must have a genuine right to those names which are often ridiculed by the ignorant. For he will be more properly called king than Tarquin, who was able to govern neither himself nor his family; he will deserve to be called the master of the people more than Sylla, who was only the master of three pestiferous vices, luxury, avarice, and cruelty; he will be called rich more properly than Crassus, who would never have desired to cross the Euphrates without any legitimate cause for war, if he had not been in want of something. Everything will be properly said to belong to that man, who alone knows how to make use of everything. He will also rightly be called beautiful, for the features of the mind are more beautiful than those of the body: he will deservedly be called the only free man, who is neither subject to the domination of any one, nor subservient to his own passions. He will fairly be called invincible, on whose mind, even though his body be bound with chains, no fetters can ever be imposed. Nor will he wait till the last period of his life, so as to have it decided whether he has been happy or not, after he has come to the last day of life and closed his eyes in death, in the spirit of the warning which one of the wise men gave to Crœsus, without showing much wisdom in so doing. For if he had ever been happy, then he would have borne his happy life with him, even as far as the funeral pile built for him by Cyrus.
But if it be true that no one except a good man is happy, and that all good men are happy, then what deserves to be cultivated more than philosophy, or what is more divine than virtue?
Fourth Book Of The Treatise On The Chief Good And Evil.
I. And when he had made an end of saying these things, I replied, Truly, O Cato, you have displayed a wonderful memory in explaining to us such a number of things, and in laying such obscure things so clearly before us.
So that we must either give up having any meaning or wish contrary to what you have said, or else we must take time to deliberate: for it is not easy to learn thoroughly the principles of a school which has not only had its foundation laid, but which has even been built up with such diligence, although perhaps with some errors as to its truth, (which, however, I will not as yet dare to affirm,) but at all events with such care and accuracy.
Then, said he, is that what you say, when I have seen you, in obedience to this new law, reply to the prosecutor on the same day on which he has brought forward his charge, and sum up for three hours; and then do you think that I am going to allow an adjournment in this cause? which, however, will not be conducted by you better than those which are at times entrusted to you. Wherefore, I desire that you will now apply yourself to this one, especially as it has been handled by others, and also by yourself several times; so that you cannot be at a loss for arguments or language.
I replied, I do not, in truth, venture to argue inconsiderately against the Stoics, not because I agree with them in any great degree, but I am hindered by shame; because they say so much that I hardly understand. I confess, said he, that some of our arguments are obscure; not that we make them so on purpose, but because there is some obscurity in the subjects themselves. Why, then, said I, when the Peripatetics discuss the same subjects, does not a single word occur which is not well understood? Do they discuss the same subjects? said he; or have I failed to prove to you that the Stoics differ from the Peripatetics, not in words only, but in the whole of the subject, and in every one of their opinions? But, said I, if, O Cato, you can establish that, I will allow you to carry me over, body and soul, to your school. I did think, said he, that I had said enough on that point; wherefore answer me on that head first, if you please; and afterwards you can advance what arguments you please. I do not think it too much, said I, if I claim to answer you on that topic as I myself please. As you will, said he; for although the other way would have been more common, yet it is only fair to allow every one to adopt his own method.
II. I think, then, said I, O Cato, that those ancient pupils of Plato, Speusippus, Aristotle and Xenocrates, and afterwards their pupils, Polemo and Theophrastus, had a system laid down with sufficient richness and eloquence of language; so that Zeno had no reason, after having been a pupil of Polemo, for deserting him and his predecessors who had established this school. And in this school I should like you to observe what you think ought to be changed, and not to wait while I am replying to everything which has been said by you. For I think that I must contend with the whole of their system, against the whole of yours.
And as these men said that we are born with the view of being generally well adapted to those virtues which are well known and conspicuous, I mean justice and temperance, and others of the same kind, all which resemble the other arts, and differ only for the better in their subject matter and way of handling;—and as they saw that we desired those very virtues in a somewhat magnificent and ardent spirit; and that we had also a certain instruction, or, I should rather say, innate desire of knowledge; and that we were born for companionship with men, and for society and communion with the human race, and that these qualities are most conspicuous in the greatest geniuses;—they divided all philosophy into three parts; and we see that this same division was retained by Zeno: and as one of these parts is that by which the manners are thought to be formed, I postpone the consideration of that part, which is, as it were, the foundation of this question. For what is the chief good I will discuss presently; but at this moment I only say that that topic which I think we shall be right in calling the civil one, and which the Greeks call πολιτικὸς, has been treated of in a dignified and copious manner by the ancient Peripatetics and Academicians who, agreeing in parts, differed from one another only in words.
III. How many books have these men written on the republic! how many on laws! How many precepts in art, and, more than that, how many instances of good speaking in orations have they bequeathed to us! For, in the first place, they said with the greatest degree of polish and fitness those very things which were to be argued in a subtle manner, laying down both definitions and divisions: as your friends have also done: but you have done it in a more shabby manner; while you see how brilliant their language is. In the second place, with what splendid language have they adorned that part of the subject which required ornate and impressive eloquence! how gloriously have they illustrated it! discussing justice, and fortitude, and friendship, and the method of passing life, and philosophy, and the government of the state, and temperance, not like men picking out thorns, like the Stoics, or laying bare the bones, but like men who knew how to handle great subjects elegantly, and lesser ones clearly. What, therefore, are their consolations? What are their exhortations? What also are their warnings and advice written to the most eminent men? For their practice in speaking was, like the nature of the things themselves, of a two-fold character. For whatever is made a question of, contains a controversy either as to the genus itself, without reference to persons or times; or else, with these additions, a dispute as to the fact, or the right, or the name. And therefore, they exercised themselves in both kinds; and that discipline it was which produced that great copiousness of eloquence among them in both kinds of argumentation.
Now Zeno, and those who imitated him, were either unable to do much in this kind of argument, or else were unwilling, or at all events they did not do it. Although Cleanthes wrote a treatise on the art of rhetoric, and so too did Chrysippus, but still in such a manner, that if any one were to wish to be silent, he ought to read nothing else. Therefore you see how they speak. They invent new words—they abandon old established terms.
But what great attempts do they make? They say that this universal world is our town; accordingly, this excites those who hear such a statement.
You see, now, how great a business you are undertaking; to make a man who lives at Circeii believe that this universal world is merely a town for himself to live in. What will be the end of this? Shall he set fire to it?
He will rather extinguish it, if he has received it on fire. The next thing said is that list of titles which you briefly enumerated,—king, dictator, rich man, the only wise man; words poured out by you decorously and roundly: they well might be, for you have learnt them from the orators. But how vague and unsubstantial are those speeches about the power of virtue! which they make out to be so great that it can, by itself, secure the happiness of man. They prick us with narrow little bits of questions as with pins; and those who assent to them are not at all changed in their minds, and go away the same as they came: for matters which are perhaps true, and which certainly are important, are not handled as they ought to be, but in a more minute and petty manner.
IV. The next thing is the principle of arguing, and the knowledge of nature. For we will examine the chief good presently, as I said before, and apply the whole discussion to the explanation of it. There was, then, in those two parts nothing which Zeno wished to alter. For the whole thing, in both its divisions, is in an excellent state; for what has been omitted by the ancients in that kind of argument which is of influence in discussion? For they have both given many definitions, and have bequeathed to us titles for defining; and that important addition to definition, I mean the dividing of the subject into parts, is both done by them, and they have also left us rules to enable us to do so too; and I may say the same of contraries; from which they came to genera, and to the forms of genera. Now, they make those things which they call evident, the beginning of an argument concluded by reason: then they follow an orderly arrangement; and the conclusion at last shows what is true in the separate propositions. But what a great variety of arguments, which lead to conclusions according to reason, do they give us, and how dissimilar are they to captious questions! What shall we say of their denouncing, as it were, in many places, that we ought neither entirely to trust our senses when unsupported by reason, nor reason when unsupported by our senses; but that, at the same time, we ought to keep the line between the two clearly marked? What shall I say more? Were not all the precepts which the dialecticians now deliver and teach, originally discovered and established by them? And although they were very much elaborated by Chrysippus, still they were much less practised by Zeno than by the ancients. And there were several things in which he did not improve on the ancients; and some which he never touched at all. And as there are two arts by which reason and oratory are brought to complete perfection, one that of discovering, the other that of arguing,—both the Stoics and Peripatetics have handed us down this latter, but the Peripatetics alone have given us rules for the former, while the Stoics have altogether avoided it. For the men of your school never even suspected the places from which arguments might be drawn as out of magazines; but the Peripatetics taught a regular system and method.
And the consequence is, that it is not necessary for one now to be always repeating a sort of dictated lesson on the same subject, or to be afraid to go beyond one’s note-books: for he who knows where everything is placed, and how he can arrive at it, even if anything be completely buried, will be able to dig it up, and will always have his wits about him in every discussion. And although men who are endowed with great abilities, attain to a certain copiousness of eloquence without any definite principles of oratory, still art is a surer guide than nature.
For it is one thing to pour out words after the fashion of poets, and another to distinguish on settled principles and rules all that you say.
V. Similar things may be said about the explanation of natural philosophy, which both the Peripatetics and Stoics apply themselves to; and that not