Aulus Gellius, Attic Nights
John C. Rolfe, Ed.

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[p. 399] a learned man, whether the phrase “within the Kalends” included the Kalends themselves; and I told him that I had been duly appointed, that the Kalends had been set as the limit, and that I was to give judgment “within” that day. “Why,” said he, “do you make this inquiry of me rather than of some one of those who are students of the law and learned in it, whom you are accustomed to take into your counsel when about to act as judge?” Then I answered him as follows: “If I needed information about some ancient point of law that had been established, one that was contested and ambiguous, or one that was newly ratified, I should naturally have gone to inquire of those whom you mention. But when the meaning, use and nature of Latin words is to be investigated, I should indeed be stupid and mentally blind, if, having the opportunity of consulting you, I had gone to another rather than to you.” “Hear then,” said he, “my opinion about the meaning of the word, ¹ but be it understood that you will not act according to what I shall say about its nature, but according to what you shall learn to be the interpretation agreed upon by all, or by very many, men; for not only are the true and proper significations of common words changed by long usage, but even the provisions of the laws themselves become a dead letter by tacit consent.”

Then he proceeded to discourse, in my hearing and that of several others, in about this fashion: “When the time,” said he, "is so defined that the judge is to render a decision 'within the Kalends, everyone at once jumps to the conclusion that there is no doubt that the verdict may lawfully be rendered before the Kalends, and I observe that the only