The consuls then cast lots for their provinces; the prae- tors, on account of the civil jurisdiction, had determined theirs earlier in the season.
The civil jurisdiction had fallen to Caius Sulpicius; the foreign, to Caius Decimius; Marcus Claudius Marcellus had obtained by lot Spain; Servius Cornelius Lentulus, Sicily; Publius Fonteius Capito, Sardinia; and Caius Marcius Figulus had received the command of the fleet.
In the arrangement of the consular provinces, Italy fell to Cneius Servilius, and Macedon to Quintus Marcius; and the latter set out as soon as the Latin festival could be celebrated.
Caepio then desired the senate to direct which two of the new legions he should take with him into Gaul; when they ordered, that the praetors Caius Sulpicius and Marcus Claudius should give the consul such of the legions, which they had raised, as they should think fit.
The latter, highly offended at a consul being subjected to the will of praetors, adjourned the senate; and standing at the tribunal of the praetors, demanded, that pursuant to the decree, they should assign him two legions; but the praetors left the consul to his own [p. 2048]
discretion in selecting them. The censors then called over the list of the senate.
Marcus Aemilius Lepidus was now, by the third censors, chosen prince of the senate. Seven were expelled that body.
In making the survey of the people, they discovered from the rolls how many of the soldiers belonging to the army in Macedonia were absent, and obliged them all to return to that province.
They inquired into the cases of the men who had been discharged; and, when any of their discharges appeared irregular in respect of time, they put the following oath to them: “Do you truly swear, that you will, without deceit or evasion, return into the province of Macedon, according to the edict of the censors, Caius Claudius and Tiberius Sempronius?”