Kitap 13
12
Having read this in that letter of Capito's, I later found the same statement made more fully in the twenty-first book of Varro's Human Antiquities, and I have added Varro's own words on the subject: Fr. 2, Mirsch. In a magistracy says he, some have the power of summons, others of arrest, others neither; summoning, for example, belongs to the consuls and others possessing the imperium The right of commanding an army conferred by the Lex Curiata de imperio on the dictator, consuls, magister equitum and praetors. ; arrest, to the tribunes of the commons and the rest who are attended by a messenger; neither summoning nor arrest to the quaestors and others who have neither a lictor nor a messenger. Those who have the power of summons may also arrest, detail, and lead off to prison, all this whether those whom they summon are present or are sent for by their order. The tribunes of the commons have no power of summons, nevertheless many of them in ignorance have used that power, as if they were entitled to it; for some of them have ordered, not only private persons, but even a consul to be summoned before the rostra. I myself, when a triumvir, That is, one of the triumviri capitales, a minor office. on being summoned by Porcius, tribune of the commons, did not appear, following the authority of our leading men, but I held to the old law. Similarly, when I was a tribune, I ordered no one to be summoned, and required no one who was summoned by one of my colleagues to obey, unless he wished.
