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 the consuls should make application to the plebeian tribunes to take the opinion of the people, if they thought proper, as to whom they ordered to have command in Spain; that the person so ordered should form one legion of Roman soldiers out of the two armies, and also fifteen cohorts of the allies of the Latin confederacy, with which he should occupy the province. That Lucius Cornelius Lentulus and Lucius Manlius Acidinus should convey the old soldiers into Italy. To Cornelius, the consul, was assigned a fleet of fifty ships formed out of the two fleets, one of which was under Cneius Octavius in Africa, the other employed in protecting the coast of Sicily, under Publius Villius. He was to select such ships as he pleased. That Publius Scipio should still have the forty ships of war which he before had, or if he wished that Cneius Octavius should command it, as he had commanded a fleet there before, that Octavius should be continued in command for a year as propraetor; but if he appointed Laelius to the command of it, Octavius should retire to Rome, and bring with him the ships which the consul did not want. To Marcus Fabius also ten men of war were assigned for Sardinia. The consuls were directed to enlist two city legions, so that the operations of the state might be carried on this year with fourteen legions, and one hundred men of war.