29.10. 10. That Laws which seem contrary proceed sometimes from the same
Spirit.
In our time we give summons to people in their own houses; but
this was not permitted among the Romans.
[13]
A summons was a violent action,
[14]
and a kind of warrant for
seizing the body;
[15]
hence it was no more allowed to summon a person in
his own house than it is now allowed to arrest a person in his own house
for debt.
Both the Roman and our laws admit of this principle alike, that
every man ought to have his own house for an asylum, where he should
suffer no violence.
[16]
Footnotes
[13]
Leg. 18, ff. de in fus vocando.
[14]
See the Law of the Twelve Tables.
[15]
Rapit in jus. -- Horace, Sat., i. 9. Hence they could not summon
those to whom a particular respect was due.
[16]
See Leg. 18, ff. de in jus vocando.
