The crier then called over the names of four others belonging to the same class, and the second tribune selected one from the four in the same manner as the first had done. This selection went on through the different classes, until the whole tribe was drafted, and another tribe was then subjected to the same rotation. Legions were formed out of these levies, and completed to so effective a strength, that three of them generally composed a Roman army. The Romans readily submitted to these calls of the state; and they did so the more cheerfully, because it was a fundamental rule amongst them, that no man could be provided for in a military or civil way, unless he had served a prescribed number of years.

Kennett, in his antiquities of Rome, gives the following account, which the reader will perceive differs in some particulars from the former.

“At the same time of the year as the consuls were declared elect or designed, they chose the military tribunes; fourteen out of the body of the Equites who had served in the army five years, and ten out of the commonalty, such as had made ten campaigns. The former they called tribuni juniores, and the latter seniores.

The consuls having agreed on a levy (as, in the time of the commonwealth they usually did every year,) they issued out an edict, commanding all persons who had reached the military age (about seventeen years) to appear (commonly) in the capitol, or in the area before the capitol, as the most sacred and august place, on such a day. The people being come together, and the consuls who presided in the assembly having taken their seat, in the first place, the four and twenty tribunes were disposed of according to the number of legions they designed to make up, which was generally four. The junior tribunes were assigned, four to the first legion, three to the second and last. After this, every tribe, being called out by lot, was ordered to divide into their proper centuries; out of each century were soldiers cited by name, with respect had to their estate and class; for which purpose, there were tables ready at hand, in which the name, age, and wealth of every person were exactly described. Four men, as much alike in all circumstances, as could be pitched upon, being presented out of the century, first the tribunes of the first legion chose one, then the tribunes of the second another, the tribunes of the third legion a third man, and the remaining person fell to the tribunes of the fourth. Then four more were drawn out; and now the right of chusing first belonged to the tribunes of the second legion; in the next four to the tribunes of the third legion, then to the tribunes of the fourth legion, and so round; those tribunes chusing last the next time, who chose first the time before; the most equal and regular method imaginable.

Cicero has remarked a superstitious custom observed in these proceedings; that the first soldier pitched upon should for the omen’s sake, be such as had fortunate names, as Salvius, Valerius, and the like. Cic. de Divinat. lib. 1.

There were in those times, (as in the present with respect to the militia) many legal excuses which might keep persons from the list; as, in case they were fifty years old, for then they could not be obliged to serve; or if they enjoyed any civil or sacred office, which they could not conveniently relinquish; or if they had already made twenty campaigns, which was the time required for every foot soldier; or if, upon account of extraordinary merit, they had been by public authority, released from the trouble of serving for such a time; or if they were maimed in any part, and so ought not to be admitted into the legions; as Suetonius tells us of a father who cut off the thumbs of his two sons on purpose to keep them out of the army (Sueton. August. chap. 24.) and Valerius Maximus gives a relation of the like nature. (Val. Max. lib. 6. cap. 3.)

Otherwise they were necessitated to submit, and in case of a refusal, were usually punished either with imprisonment, fine or stripes, according to the lenity, or severity of the consul. And therefore it seems strange, that Machiavel should particularly condemn the Roman discipline, upon account of forcing no one to the wars, when we have in all parts of history, such large intimations of a contrary practice. Nay, we read too of the conquisitores or impress-masters, who were commissioned upon some occasions, to go about, and compel the men to the service of the state.

Valerius Maximus (lib. 6. chap. 3.) gives one example of changing this custom of taking out every particular soldier by the tribunes, for that of chusing them by lot. And Appianus Alexandrinus (in Iberic.) acquaints us, that in the Spanish war, managed by Lucullus, upon complaint to the senate of several unjust practices in the levies, the senate thought fit to chuse all the soldiers by lot. Yet the same author assures us, that within five years time the old custom returned of making the levies in the manner already described.

However, upon any extraordinary occasion of immediate service, they omitted the common formalities, and without much distinction, listed such as they met with, and led them out on an expedition. These they called Milites Subitarii. Kennett’s Ant. page 183, b. iv.

The French always followed the example of the Romans with regard to the first principles of levying men, which was effected by a proclamation from the court, called the ban. This ban was addressed to the principal person belonging to a province, who, in pursuance to its instructions, assembled his vassals, and got them fit and ready for immediate service.