hy. The Scaevolas had been
taught by use and experience; but Servius Sulpicius [5311] was the first
civilian who established his art on a certain and general theory. [54]
For the discernment of truth and falsehood he applied, as an infallible
rule, the logic of Aristotle and the stoics, reduced particular cases
to general principles, and diffused over the shapeless mass the light of
order and eloquence. Cicero, his contemporary and friend, declined the
reputation of a professed lawyer; but the jurisprudence of his country
was adorned by his incomparable genius, which converts into gold every
object that it touches. After the example of Plato, he composed a
republic; and, for the use of his republic, a treatise of laws; in which
he labors to deduce from a celestial origin the wisdom and justice of
the Roman constitution. The whole universe, according to his sublime
hypothesis, forms one immense commonwealth: gods and men, who
participate of the same essence, are members of the same community;
reason prescribes the law of nature and nations; and all positive
institutions, however modified by accident or custom, are drawn from
the rule of right, which the Deity has inscribed on every virtuous mind.
From these philosophical mysteries, he mildly excludes the sceptics
who refuse to believe, and the epicureans who are unwilling to act. The
latter disdain the care of the republic: he advises them to slumber in
their shady gardens. But he humbly entreats that the new academy would
be silent, since her bold objections would too soon destroy the fair and
well ordered structure of his lofty system. [55] Plato, Aristotle, and
Zeno, he represents as the only teachers who arm and instruct a citizen
for the duties of social life. Of these, the armor of the stoics [56]
was found to be of the firmest temper; and it was chiefly worn, both for
use and ornament, in the schools of jurisprudence. From the portico, the
Roman civilians learned to live, to reason, and to die: but they imbibed
in some degree the prejudices of the sect; the love of paradox, the
pertinacious habits of dispute, and a minute attachment to words and
verbal distinctions. The superiority of form to matter was introduced
to ascertain the right of property: and the equality of crimes is
countenanced by an opinion of Trebatius, [57] that he who touches the
ear, touches the whole body; and that he who steals from a heap of corn,
or a hogshead of wine, is guilty of the entire