at 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
rank and praetorian prerogatives,(10) the highest office
of republican Rome became subordinate to a newly created office,
for which it was l