the termination of one war and the commencement of another.  Cneius Lentulus, the consul, was inflamed with a strong desire to have the province of Africa, looking forward to an easy victory if there was still war, or, if it was on the point of being concluded, to the glory of having it terminated in his consulate.  He therefore refused to allow any business to be transacted before the province of Africa was assigned him; his colleague, who was a moderate and prudent man, giving up his claim to it, for he clearly saw that a contest with Scipio for that honour would be not only unjust but unequal.  Quintus Minucius Thermus, and Manius Acilius Glabrio, tribunes of the people, said that Cneius Cornelius was endeavouring to effect the same object which had been attempted in vain by the consul Tiberius Claudius the former year.  That, by the direction of the senate, it had been proposed to the people to decide whom they wished to have the command in Africa, and all the thirty-five tribes had concurred in assigning that command to Publius Scipio.  After many discussions, both in the senate and popular assembly, it was at length determined to leave it to the senate.  The fathers, therefore, on oath, for so it had been agreed, voted, that as to the provinces, the consuls should settle between themselves, or determine by lots, which of them should have Italy, and which a fleet of fifty ships.  That he to whose lot the fleet fell should sail to Sicily, and if peace could not be concluded with the Carthaginians, that he should cross over into Africa.  That the consul should act by sea, and Scipio by land, with the same right of command as heretofore.  If an agreement should be come to, as to the terms of the peace, that then the plebeian tribunes should consult the commons as to whether they ordered the consul or Publius Scipio to grant the peace; and if the victorious army was to be brought home out of Africa, whom they ordered to bring it.  That if they ordered that the peace should be granted by Publius Scipio, and that the army should be brought home likewise by him, then the consul should not pass out of Sicily into Africa.  That the other consul, to whose lot Italy fell, should receive two legions from Marcus Sextius the praetor.

41.  Publius Scipio was continued in command in the province of Africa, with the armies which he then had.  To the praetor Marcus Valerius Falto the two legions in Bruttium, which Caius Livius had commanded the preceding year, were assigned.  Publius Aelius, the praetor, was to receive two legions in Sicily from Cneius Tremellius.  To Marcus Fabius was assigned one legion, which Publius Lentulus, propraetor, had commanded, to be employed in Sardinia; Marcus Servilius, the consul of the former year, was continued in command in Etruria, with his own two legions likewise.  As to Spain, it appeared that Lucius Cornelius Lentulus and Lucius Manlius Acidinus had been there for now several years.  It was resolved, therefore, that