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

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[p. 15] minds upset by joy and exultation at their success, might act unwisely and be in no state of mind for understanding and deliberating aright. Tiro says: “Advocates who are pleading for clients ought in their opening remarks to win over and propitiate the jurors with complimentary and respectful language; they ought, while their minds, as they wait to hear the case, are still in suspense and cool, to render them complacent, and not to arouse contradiction by insults and arrogant threats.” Then he has given us Cato's own preamble, which runs as follows: ¹ “I am aware that in happy, successful and prosperous times the minds of most men are wont to be puffed up, and their arrogance and self-confidence to wax and swell. Therefore I am now gravely concerned, since this enterprise has gone on so successfully, lest something adverse may happen in our deliberations, to bring to naught our good fortune, and lest this joy of ours may become too extravagant. Adversity subdues and shows what ought to be done; prosperity, since it inspires joy, commonly turns men aside from wise counsel and right understanding. Therefore it is with the greater emphasis that I advise and urge that this matter be put off for a few days, until we regain our self-command after so great rejoicing.”

“Then what Cato says next,” continues Tiro, “amounts to a confession rather than a defence; for it does not contain a refutation or shifting of the charge, but the sharing of it with many others, which of course amounts to nothing in the way of excuse. Moreover,” says Tiro, “he also acknowledges that the Rhodians, who were accused of favouring the king's cause against the Roman people ”