Book 28
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Scipio was listened to with impatience, for it was generally believed that if he did not succeed in inducing the senate to decree that Africa should be his province, he would at once bring the question before the Assembly. So Q. Fabius, who had held four consulships, challenged Scipio to say openly before the senate whether he left the decision as to the provinces in their hands, and was prepared to abide by it, or whether he was going to refer it to the people. Scipio replied that he should act as he thought best in the interests of the State. On this Fabius observed: "It was not because I did not know what you would say or how you would act that I made my request, for you openly avow that you are sounding the House rather than consulting it, and that if we do not at once assign you the province which you want, you have a resolution ready to put to the Assembly." (Then, turning to the tribunes) "I demand of you, tribunes of the plebs, that you support me in my refusal to vote, for even if the decision is in my favour the consul is not going to recognise it." Then a discussion arose between the consul and the tribunes, he asserting that there was no just ground for their intervening and supporting a senator in his refusal to vote, when called upon to do so. The tribunes gave their decision in the following terms: "If the consul submits to the senate the allocation of the provinces their decision shall be binding and final, and we will not allow any reference to the people. If he does not so submit it, we shall support any senator in his refusal to vote when called upon to do so." The consul asked for a day's grace in order to consult his colleague. The following day he submitted the matter to the decision of the senate. The decree made respecting the provinces was that one consul should take Sicily and the thirty warships which C. Servilius had had the previous year, permission being granted him to sail to Africa, if he thought such a course would be in the interests of the State; the other consul was to take Bruttium and the operations against Hannibal, with either the army which had served under L. Veturius, or the one which Q. Caecilius had commanded. These two were to ballot and arrange which of them was to act in Bruttium with the two legions which the consul would not require, and the one to whom that field should fall was to have his command extended for a year. With the exception of the consuls and praetors, all who were to take charge of armies and provinces had their commands extended for a year. It fell to Q. Caecilius to act with the consul against Hannibal in Bruttium.
