It is clear that by these projects of law, especially by that which related to the expedition against the pirates, the government of the senate was set aside. Doubtless the ordinary supreme magistrates nominated by the burgesses were of themselves the proper generals of the commonwealth, and the extraordinary magistrates needed, at least according to strict law, confirmation by the burgesses in order to act as generals; but in the appointment to particular commands no influence constitutionally belonged to the community, and it was only on the proposition of the senate, or at any rate on that of a magistrate entitled in himself to hold the office of general, that the comitia had hitherto now and again interfered in this matter and conferred such special functions. In this field, ever since there had existed a Roman free state, the practically decisive voice pertained to the senate, and this its prerogative had in the course of time obtained full recognition. No doubt the democracy had already assailed it; but even in the most doubtful of the cases which had hitherto occurred--the transference of the African command to Gaius Marius in 647(9)--it was only a magistrate constitutionally entitled to hold the office of general that was entrusted by the resolution of the burgesses with a definite expedition. But now the burgesses were to invest any private man at their pleasure not merely with the extraordinary authority of the supreme magistracy, but also with a sphere of office definitely settled by them. That the senate had to choose this man from the ranks of the consulars, was a mitigation only in form; for the selection was left to it simply because there was really no choice, and in presence of the vehemently excited multitude the senate could entrust the chief command of the seas and coasts to no other save Pompeius alone. But more dangerous still than this negation in principle of the senatorial control was its practical abolition by the institution of an office of almost unlimited military and financial powers. While the office of general was formerly restricted to a term of one year, to a definite province, and to military and financial resources strictly measured out, the new extraordinary office had from the outset a duration of three years secured to it--which of course did not exclude a farther prolongation; had the greater portion of all the provinces, and even Italy itself which was formerly free from military jurisdiction, subordinated to it; had the soldiers, ships, treasures of the state placed almost without restriction at its disposal. Even the primitive fundamental principle in the state-law of the Roman republic, which we have just mentioned-- that the highest military and civil authority could not be conferred without the co-operation of the burgesses--was infringed in favour of the new commander-in-chief. Inasmuch as the law conferred beforehand on the twenty-five adjutants whom he was to nominate praetorian