Kitap 10
20
Capito, however, in the same definition divided Fr. 23, Huschke; 14, Bremer. the plebes, The older form of the nominative plebs. or commons, from the populus, or people, since in the term people are embraced every part of the state and all its orders, but commons is properly applied to that part in which the patrician families of the citizens are not included. Therefore, according to Capito, a plebisscitum is a law which the commons, and not the people, adopt.
20
But the head itself, the origin, and as it were the fount of this whole process of law is the rogatio, whether the appeal (rogatio) is to the people or to the commons, on a matter relating to all or to individuals. For all the words under discussion are understood and included in the fundamental principle and name of rogatio; for unless the people or commons be appealed to (rogetur), no decree of the people or commons can be passed.
20
But although all this is true, yet in the old records we observe that no great distinction is made among the words in question. For the common term lex is used both of decrees of the commons and of privileges, and all are called by the indiscriminate and inexact name rogatio.
