The opinion of the ancient Romans on this matter is attested by Cicero in his work De Republica, in which Scipio, one of the interlocutors, says, “The lewdness of comedy could never have been suffered by audiences, unless the customs of society had previously sanctioned the same lewdness.” And in the earlier days the Greeks preserved a certain reasonableness in their license, and made it a law, that whatever comedy wished to say of any one, it must say it of him by name. And so in the same work of Ciceros, Scipio says, “Whom has it not aspersed? Nay, whom has it not worried? Whom has it spared? Allow that it may assail demagogues and factions, men injurious to the commonwealth—a Cleon, a Cleophon, a Hyperbolus. That is tolerable, though it had been more seemly for the public censor to brand such men, than for a poet to lampoon them; but to blacken the fame of Pericles with scurrilous verse, after he had with the utmost dignity presided over their state alike in war and in peace, was as unworthy of a poet, as if our own Plautus or Nævius were to bring Publius and Cneius Scipio on the comic stage, or as if Cæcilius were to caricature Cato.” And then a little after he goes on: “Though our Twelve Tables attached the penalty of death only to a very few offences, yet among these few this was one: if any man should have sung a pasquinade, or have composed a satire calculated to bring infamy or disgrace on another person. Wisely decreed. For it is by the decisions of magistrates, and by a well-informed justice, that our lives ought to be judged, and not by the flighty fancies of poets; neither ought we to be exposed to hear calumnies, save where we have the liberty of replying, and defending ourselves before an adequate tribunal.” This much I have judged it advisable to quote from p. 28 the fourth book of Ciceros De Republica; and I have made the quotation word for word, with the exception of some words omitted, and some slightly transposed, for the sake of giving the sense more readily. And certainly the extract is pertinent to the matter I am endeavoring to explain. Cicero makes some further remarks, and concludes the passage by showing that the ancient Romans did not permit any living man to be either praised or blamed on the stage. But the Greeks, as I said, though not so moral, were more logical in allowing this license which the Romans forbade; for they saw that their gods approved and enjoyed the scurrilous language of low comedy when directed not only against men, but even against themselves; and this, whether the infamous actions imputed to them were the fictions of poets, or were their actual iniquities commemorated and acted in the theatres. And would that the spectators had judged them worthy only of laughter, and not of imitation! Manifestly it had been a stretch of pride to spare the good name of the leading men and the common citizens, when the very deities did not grudge that their own reputation should be blemished.
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