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[p. 53] be asked their opinions in order, beginning with the grade of consul. And in that grade in former times the one to be called upon first was always the one who had first been enrolled in the senate; but at the time when he was writing he said that a new custom had become current, through partiality and a desire to curry favour, of asking first for the opinion of the one whom the presiding officer wished to call upon, provided however that he was of consular rank. 1 Besides this he discoursed about seizure of goods 2 and the imposing of a fine upon a senator who was not present when it was his duty to attend a meeting. These and certain other matters of that kind, first published in the book of which I spoke above, Marcus Varro treated in a letter written to Oppianus. But when he says that a decree of the senate is commonly made in two ways, either by calling for opinions or by division, that does not seem to agree with what Ateius Capito has written in his Miscellanies. For in Book VIIII Capito says 3 that Tubero asserts 4 that no decree of the senate could be made without a division, since in all decrees of the senate, even in those which are made by calling for opinions, a division was necessary, and Capito himself declares that this is true. But I recall writing on this whole matter more fully and exactly in another place. 5
The Attic Nights of Aulus Gellius. With An English Translation. John C. Rolfe. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1927.
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