Such were the foundations, and such the elements which shaped the growth, of Roman comedy. Originality was in its case excluded not merely by want of aesthetic freedom, but in the first instance, probably, by its subjection to police control. Among the considerable number of Latin comedies of this sort which are known to us, there is not one that did not announce itself as an imitation of a definite Greek model; the title was only complete when the names of the Greek piece and of its author were also given, and if, as occasionally happened, the "novelty" of a piece was disputed, the question was merely whether it had been previously translated. Comedy laid the scene of its plot abroad not only frequently, but regularly and under the pressure of necessity; and that species of art derived its special name (fabula palliata) from the fact, that the scene was laid away from Rome, usually in Athens, and thai the dramatis personae were Greeks or at any rate not Romans. The foreign costume is strictly carried out even in detail, especially in those things in which the uncultivated Roman was distinctly sensible of the contrast, Thus the names of Rome and the Romans are avoided, and, where they are referred to, they are called in good Greek "foreigners" (barbari); in like manner among the appellations of moneys and coins, that occur ever so frequently, there does not once appear a Roman coin. We form a strange idea of men of so great and so versatile talents as Naevius and Plautus, if we refer such things to their free choice: this strange and clumsy "exterritorial" character of Roman comedy was undoubtedly due to causes very different from aesthetic considerations. The transference of such social relations, as are uniformly delineated in the new Attic comedy, to the Rome of the Hannibalic period would have been a direct outrage on its civic order and morality. But, as the dramatic spectacles at this period were regularly given by the aediles and praetors who were entirely dependent on the senate, and even extraordinary festivals, funeral games for instance, could not take place without permission of the government; and as the Roman police, moreover, was not in the habit of standing on ceremony in any case, and least of all in dealing with the comedians; the reason is self-evident why this comedy, even after it was admitted as one of the Roman national amusements, might still bring no Roman upon the stage, and remained as it were banished to foreign lands.

The compilers were still more decidedly prohibited from naming any living person in terms either of praise or censure, as well as from any captious allusion to the circumstances of the times. In the whole repertory of the Plautine and post-Plautine comedy, there is not, so far as we know, matter for a single action of damages. In like manner - if we leave out of view some wholly harmless jests - we meet hardly any trace of invectives levelled at communities (invectives which, owing to the lively municipal spirit of the Italians, would have been specially dangerous), except the significant scoff at the unfortunate Capuans and Atellans[18] and, what is remarkable, various sarcasms on the arrogance and the bad Latin of the Praenestines[19]. In general no references to the events or circumstances of the present occur in the pieces of Plautus. The only exceptions are, congratulations on the course of the war[20] or on the peaceful times; general sallies directed against usurious dealings in grain or money, against extravagance, against bribery by candidates, against the too frequent triumphs, against those who made a trade of collecting forfeited fines, against farmers of the revenue distraining for payment, against the dear prices of the oil-dealers; and once - in the Curculio - a more lengthened diatribe as to the doings in the Roman market, reminding us of the parabases of the older Attic comedy, and but little likely to cause offence[21]. But even in the midst of such patriotic endeavours, which from a police point of view were entirely in order, the poet interrupts himself:

and taken as a whole, we can hardly imagine a comedy politically more tame than was that of Rome in the sixth century[22]. The oldest Roman comic writer of note, Gnaeus Naevius, alone forms a remarkable exception. Although he did not write exactly original Roman comedies, the few fragments of his, which we possess, are full of references to circumstances and persons in Rome. Among other liberties he not only ridiculed one Theodotus a painter by name, but even directed against the victor of Zama the following verses, of which Aristophanes need not have been ashamed:

As he himself says,

he may have often written at variance with police rules, and put dangerous questions, such as:

which he answered by an enumeration of political sins, such as:

But the Roman police was not disposed like the Attic to hold stage-invectives and political diatribes as privileged, or even to tolerate them at all. Naevius was put in prison for these and similar sallies, and was obliged to remain there, till he had publicly made amends and recantation in other comedies. These quarrels, apparently, drove him from his native land; but his successors took warning from his example - one of them indicates very plainly, that he has no desire whatever to incur an involuntary gagging like his colleague Naevius. Thus the result was accomplished - not much less unique of its kind than the conquest of Hannibal - that, during an epoch of the most feverish national excitement, there arose a national stage utterly destitute of political tinge.

But the restrictions thus stringently and laboriously imposed by custom and police on Roman poetry stifled its very breath, Not without reason might Naevius declare the position of the poet under the sceptre of the Lagidae and Seleucidae enviable as compared with his position in free Rome[23]. The degree of success in individual instances was of course determined by the quality of the original which was followed, and by the talent of the individual editor; but amidst all their individual variety the whole stock of translations must have agreed in certain leading features, inasmuch as all the comedies were adapted to similar conditions of exhibition and a similar audience. The treatment of the whole as well as of the details was uniformly in the highest degree free; and it was necessary that it should be so. While the original pieces were performed in presence of that society which they copied, and in this very fact lay their principal charm, the Roman audience of this period was so different from the Attic, that it was not even in a position rightly to understand that foreign world. The Roman comprehended neither the grace and kindliness, nor the sentimentalism and the whitened emptiness of the domestic life of the Hellenes. The slave-world was utterly different; the Roman slave was a piece of household furniture, the Attic slave was a servant. Where marriages of slaves occur or a master carries on a kindly conversation with his slave, the Roman translators ask their audience not to take offence at such things which are usual in Athens[24]; and, when at a later period comedies began to be written in Roman costume, the part of the crafty servant had to be rejected, because the Roman public did not tolerate slaves of this sort overlooking and controlling their masters. The professional figures and those illustrative of character, which were sketched more broadly and farcically, bore the process of transference better than the polished figures of every-day life; but even of those delineations the Roman editor had to lay aside several - and these probably the very finest and most original, such as the Thais, the match-maker, the moon-conjuress, and the mendicant priest of Menander - and to keep chiefly to those foreign trades, with which the Greek luxury of the table, already very generally diffused in Rome, had made his audience familiar. If the professional cook and the jester in the comedy of Plautus are delineated with so striking vividness and so much relish, the explanation lies in the fact, that Greek cooks had even at that time daily offered their services in the Roman market, and that Cato found it necessary even to instruct his steward not to keep a jester. In like manner the translator could make no use of a very large portion of the elegant Attic conversation in his originals. The Roman citizen or farmer stood in much the same relation to the refined revelry and debauchery of Athens, as the German of a provincial town to the mysteries of the Palais Royal. A science of cookery, in the strict sense, never entered into his thoughts; the dinner-parties no doubt continued to be very numerous in the Roman imitation, but everywhere the plain Roman roast pork predominated over the variety of baked meats and the refined sauces and dishes of fish. Of the riddles and drinking songs, of the Greek rhetoric and philosophy, which played so great a part in the originals, we meet only a stray trace now and then in the Roman adaptation.