[5,70] Ἐν τοιαύτῃ δὴ καταστάσει τῶν κοινῶν ὑπαρχόντων σκοποῦσα ἡ βουλή, δι´ οὗ μάλιστα διαπράξεται τρόπου μηθὲν ἔτι νεωτερίσαι τοὺς δημοτικούς, ἔκρινε τὴν μὲν ὑπατικὴν ἐξουσίαν ἀνελεῖν κατὰ τὸ παρόν, ἑτέραν δέ τινα ἀρχὴν ἀποδεῖξαι πολέμου τε καὶ εἰρήνης καὶ παντὸς ἄλλου πράγματος κυρίαν, αὐτοκράτορα καὶ ἀνυπεύθυνον, ὧν ἂν βουλεύσηται καὶ πράξῃ. χρόνου δ´ εἶναι μέτρον τῇ νέᾳ ἀρχῇ μῆνας ἕξ, μετὰ δὲ τὴν ἑξάμηνον αὖθις ἄρχειν τοὺς ὑπάτους. τὰ δ´ ἀναγκάσαντα αὐτὴν ἐπὶ τῷ καταλῦσαι τὸ τυραννικὸν πόλεμον αὐθαίρετον ὑπομεῖναι τυραννίδα πολλὰ μὲν καὶ ἄλλα ἦν, ὑπὲρ ἅπαντα δ´ ὁ κυρωθεὶς ὑφ´ ἑνὸς τῶν ὑπάτων Ποπλίου Οὐαλερίου τοῦ κληθέντος Ποπλικόλα νόμος, ὑπὲρ οὗ κατ´ ἀρχὰς ἔφην, ὅτι τὰς τῶν ὑπάτων γνώμας ἀκύρους ἐποίησε, μὴ τιμωρεῖσθαι Ῥωμαίων τινὰ πρὸ δίκης, ἐπιτρέψας τοῖς ἀγομένοις ἐπὶ τὰς κολάσεις ὑπ´ αὐτῶν προκαλεῖσθαι τὴν διάγνωσιν ἐπὶ τὸν δῆμον, καὶ τέως ἂν ἡ πληθὺς ἐνέγκῃ ψῆφον ὑπὲρ αὐτῶν σώμασί τε καὶ βίοις τὸ ἀσφαλὲς ἔχειν· τὸν δὲ παρὰ ταῦτά τι ποιεῖν ἐπιχειροῦντα νηποινὶ τεθνάναι κελεύων. ἐλογίζετο δὴ μένοντος μὲν κυρίου τοῦ νόμου τοῦδε μηθὲν ὑπηρετήσειν ἀναγκαζομένους ταῖς ἀρχαῖς τοὺς πένητας καταφρονοῦντας ὡς εἰκὸς τῶν τιμωριῶν, ἃς οὐ παραχρῆμα ὑφέξειν ἔμελλον, ἀλλ´ ὅταν ὁ δῆμος αὐτῶν καταψηφίσηται, ἀναιρεθέντος δ´ αὐτοῦ κατὰ πολλὴν ἀνάγκην τὰ κελευόμενα ποιήσειν ἅπαντας. ἵνα δὲ μηθὲν ἐναντιωθεῖεν οἱ πένητες, εἴ τις αὐτὸν καταλύοι τὸν νόμον ἐκ τοῦ φανεροῦ, τὴν ἰσοτύραννον ἀρχὴν ἔκρινεν ἐπὶ τὰ πράγματα παραγαγεῖν, ἣ πάντας ἔμελλεν ἕξειν ὑφ´ ἑαυτῇ τοὺς νόμους. καὶ γράφει προβούλευμα, δι´ οὗ παρακρουσαμένη τοὺς πένητας καὶ τὸν βεβαιοῦντα τὴν ἐλευθερίαν αὐτοῖς νόμον ἀνελοῦσα ἔλαθεν. ἦν δὲ τὸ προβούλευμα τοιόνδε· Λάρκιον μὲν καὶ Κλοίλιον τοὺς τότε ὑπατεύοντας ἀποθέσθαι τὴν ἐξουσίαν, καὶ εἴ τις ἄλλος ἀρχήν τινα εἶχεν ἢ πραγμάτων τινῶν κοινῶν ἐπιμέλειαν· ἕνα δ´ ἄνδρα, ὃν ἂν ἥ τε βουλὴ προέληται καὶ ὁ δῆμος ἐπιψηφίσῃ, τὴν ἁπάντων ἐξουσίαν παραλαβόντα ἄρχειν μὴ πλείονα χρόνον ἑξαμήνου, κρείττονα ἐξουσίαν ἔχοντα τῶν ὑπάτων. τοῦτ´ ἀγνοήσαντες, ἣν ἔχει δύναμιν, οἱ δημοτικοὶ ψηφίζονται κύρια εἶναι τὰ δόξαντα τῇ βουλῇ· ἦν δ´ ἄρα ἡ κρείττων ἀρχὴ τῆς κατὰ τοὺς νόμους τυραννίς· τήν τε αἵρεσιν τοῦ μέλλοντος ἄρχειν τοῖς ἐκ τοῦ συνεδρίου συνεχώρησαν αὐτοῖς ἐφ´ ἑαυτῶν βουλευομένοις ποιήσασθαι.

[5,70] While the public affairs were in this condition, the senate, considering by what means it could most effectually prevent the plebeians from creating any fresh disturbances, resolved to abolish the consular power for the time being and to create some other magistracy with full authority over war and peace and every other matter, possessed of absolute power and subject to no accounting for either its counsels or its actions. The term of this new magistracy was to be limited to six months, after the expiration of which time the consuls were again to govern. The reasons that compelled the senate to submit to a voluntary tyranny in order to put an end to the war brought upon them by their tyrant were many and various, but the chief one was the law introduced by the consul Publius Valerius, called Publicola (concerning which I stated in the beginning that it rendered invalid the decisions of the consuls), (p213) providing that no Roman should be punished before he was tried, and granting to any who were haled to punishment by their orders the right to appeal from their decision to the people, and until the people had given their vote concerning them, the right to enjoy security for both their persons and their fortunes; and it ordained that if any person attempted to do anything contrary to these provisions he might be put to death with impunity. The senate reasoned that while this law remained in force the poor could not be compelled to obey the magistrates, because, as it was reasonable to suppose, they would scorn the punishments which they were to undergo, not immediately, but only after they had been condemned by the people, whereas, when this law had been repealed, all would be under the greatest necessity of obeying orders. And to the end that the poor might offer no opposition, in case an open attempt were made to repeal the law itself, the senate resolved to introduce into the government a magistracy of equal power with a tyranny, which should be superior to all the laws. And they passed a decree by which they deceived the poor and, without being detected, repealed the law that secured their liberty. The decree was to this effect; that Larcius and Cloelius, who were the consuls at the time, should resign their power, and likewise any other person who held a magistracy or had the oversight of any public business; and that a single person, to be chosen by the senate and approved of by the people, should be invested with the whole authority of the commonwealth and exercise it for a period not longer than six months, having power superior to that of the consuls. The plebeians, being unaware of the real (p215) import of this proposal, ratified the resolutions of the senate, although, in fact, a magistracy that was superior to a legal magistracy was a tyranny; and they gave the senators permission to deliberate by themselves and choose the person who was to hold it.