The Roman Army, 31 BC–AD 337: A Sourcebook

The soldiers 11
not permitted to do so, and the gravity is increased, as in other offences,
by the dignity, rank, and type of military service.
Cf. D 49. 16. 4. 1–9; 16. 11; 16—people considered unsuitable for military
service: slaves, those convicted and condemned to the beasts or deported, those
who had been exiled, those convicted of adultery or another crime in the public
jury courts, those actually involved in litigation, and deserters who enlisted in
another arm of the service.
3 Pliny (1st–2nd C.AD), Letters 10. 29–30
Pliny to Emperor Trajan. Sempronius Caelianus, an excellent young man,
sent to me two slaves who were discovered among the recruits; I
postponed their punishment so that I could consult you, as founder and
guarantor of military discipline, about the type of penalty. The fact about
which I am particularly doubtful is that although they had already taken
the oath of allegiance, they had not yet been enrolled in a unit. Therefore,
Sir, I request that you write and inform me what course of action I should
follow, especially since the decision may provide a precedent.
Trajan to Pliny. Sempronius Caelianus acted in accordance with my
instructions in sending to you these men in respect of whom it will be
necessary to conduct an investigation to see if they merit capital punishment.
It is relevant if they offered themselves as volunteers or were conscripted
or indeed were presented as substitutes. If they were conscripted, the
examination was at fault; if they were presented as substitutes, the blame
lies with those who presented them; if they enlisted of their own free will
although they were fully aware of their own status, they will have to be
executed. It is not of great significance that they have not yet been enrolled
in a unit. For on that very day on which they were approved for service in
the army, they ought to have given a true account of their origins.
Pliny was governor of Bithynia probably 109–11.
4 Vegetius (4th C.AD), Epitome of Military Matters 1. 6
The recruiting officer should diligently ensure that through a careful
examination of their face, eyes, and physical constitution, he chooses
men who are likely to prove good soldiers. For the qualities not only of
a man but also of horses and dogs are revealed by many indications. . .
The potential young recruit therefore ought to have alert eyes, should
carry his head erect, have a broad chest, muscular shoulders, strong
arms, long fingers, a small waist, slim buttocks, and legs and feet which
are not fleshy but sinewy and strong. When you find all these indications