Montesquieu
 

XXIX.10 That laws that seem contrary sometimes derive from the same spirit

Today one goes into a man’s house to sum­mon him to stand trial ; that could not be done among the Romans.1

The call to stand trial was a vio­lent act,2 and like a sort of cor­po­ral cons­traint3 ; and you could no more enter a man’s house to sum­mon him to trial than you can seize a man today in his house when he is condem­ned only for civil debts.

Roman laws4 and ours equally admit the prin­ci­ple that the house of every citi­zen is his asy­lum, and no vio­lence must be done to him there.

Law 18 following In jus vocando.

See the law of the Twelve Tables.

Rapit in jus (Horace, Satire 9). That is why one could not call to judgment those to whom one owed a degree of respect.

See law 18 following In jus vocando.