Of the nature and use of lots a treatise historical and theologicalOf the nature and vse of lots a treatise historicall and theologicall
Of the nature and use of lots a treatise historical and theological; written by Thomas Gataker B. of D. sometime preacher at Lincolns Inn, and now pastor of Rotherhith.Of the nature and vse of lots a treatise historicall and theologicall; written by Thomas Gataker B. of D. sometime preacher at Lincolnes Inne, and now pastor of Rotherhith.
Thomas Gataker 1574–1654London: printed by Edward Griffin, 1619
[12], 360 p. · 94k words · STC 11670 · ESTC S102922
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
§ 6. But to leave his frame to those that list to make trial of it; in this particular many famous Estates have much concurred with him. For first among the Greeks, and more specially at Athens; to let Sparta pass, where I find little done in this kind by Lot, save that qthe Competitors for any Office were in order by Lot admitted sometime to pass the Suffrages of the Assembly, in whose power it was to choose or refuse: At Athens, I say, were many of their offices and employments, as well Civill as Sacred disposed of rby lot.
§ 6. But to leaue his frame to those that list to make triall of it; in this particular many famous Estates haue much concurred with him. For first among the Greekes, and more specially at Athens; to let Sparta passe, where I finde little done in this kinde by Lot, saue that qthe Competitors for any Office were in order by Lot admitted sometime to passe the Suffrages of the Assembly, in whose power it was to chuse or refuse: At Athens, I say, were many of their offices and imployments, as well Ciuill as Sacred disposed of rby lot.
q[Greek or Hebrew] Plutar: in Lycurg.〈non-Latin alphabet〉 Plutar: in Lycurg.
rHinc [Greek or Hebrew] Aristoph: Eccles. [Greek or Hebrew] Schol. Et [Greek or Hebrew] Aeschin: in C•esiph.Hinc 〈non-Latin alphabet〉 Aristoph: Eccles. 〈non-Latin alphabet〉 Schol. Et 〈non-Latin alphabet〉 Aeschin: in Cesiph.
sThe Offices there were either wholly elective, as the Areopagites, or Judges that sat at tMars his hill upon ma•ters of greatest consequence, as wilful ⟨p. 46⟩murder and the like, uchosen out of those that had unblameably before born office elsewhere, who continued in that authority so long as they lived: or in part casual, yearly designed by Lot, as their sacred Senators or Legates that they sent year by year to the common Council at Delphos; and their ordinary Senators, or their Council of five hundred, taken out of their Commoners for the government and judicature of other ordinary affairs. These were chosen, xas it seemeth, yby putting together the names of all those of each ward that were capable of that dignity noted upon zlittle tables or tokens of Brass into one vessel, and as many Beans black and white, all but 50 black, into another, and so each mans token being drawn out of the one, and a bean withal out of the other, either he past to further trial, and held if he were approved, or he was for that year rejected, as his bean proved white or black. And thus afifty a piece being extracted out of each of the ten Wards (for Tribes they cannot well be termed, ba Tribe being, as the word importeth, but a third part of one of them) the whole number was made up of the Council of 500.
sThe Offices there were either wholly electiue, as the Areopagites, or Iudges that sat at tMars his hill vpon ma•ters of greatest consequence, as wilfull ⟨p. 46⟩murther and the like, uchosen out of those that had vnblameably before born office elswhere, who continued in that authority so long as they liued: or in part casuall, yeerely designed by Lot, as their sacred Senators or Legates that they sent yeere by yeere to the common Councell at Delphos; and their ordinary Senators, or their Councell of fiue hundred, taken out of their Commoners for the gouernment and iudicature of other ordinary affaires. These were chosen, xas it seemeth, yby putting together the names of all those of each ward that were capable of that dignity noted vpon zlittle tables or tokens of Brasse into one vessell, and as many Beanes blacke and white, all but 50 blacke, into another, and so each mans token being drawne out of the one, and a beane withall out of the other, either he past to further triall, and held if he were approoued, or he was for that yeere reiected, as his beane prooued white or blacke. And thus afifty a peece being extracted out of each of the ten Wards (for Tribes they cannot well be termed, ba Tribe being, as the word importeth, but a third part of one of them) the whole number was made vp of the Councell of 500.
s[Greek or Hebrew] Aeschin. ibid. [Greek or Hebrew] Liban. argum. Demos•h in Androt.〈non-Latin alphabet〉 Aeschin. ibid. 〈non-Latin alphabet〉 Liban. argum. Demos•h in Androt.
t[Greek or Hebrew] Act. 17.22. Mar•ius collis; ut Bezarectè: malè enim Erasm. & Gualt. in Poll. vicus: & Genen. nostrates, Mars his street.〈non-Latin alphabet〉Act. 17.22. Mar•ius collis; vt Bezarectè: malè enim Erasm. & Gualt. in Poll. vicus: & Genen. nostrates, Mars his street.
uAdijciebantur quotanuis, utalij, Archontes 9. ut alij, Thesmotheta 6, si inculpatè see gessissent. Argum. A•irot. [Greek or Hebrew] de 9. i••is Plut. Peride, qui & Perielem notatum ait, quod in Concilium Areopagiticum see ingereret, null•m •x•ijs magistratum ansè sor•itus.Adijciebantur quotanuis, vtalij, Archontes 9. vt alij, Thesmotheta 6, si inculpatè se gessissent. Argum. A•irot. 〈non-Latin alphabet〉 de 9. i••is Plut. Peride, qui & Perielem notatum ait, quod in Concilium Areopagiticum se ingereret, null•m •x•ijs magistratum ansè sor•itus.
x[Greek or Hebrew]. Harpocr. Lex. Hinc Demosh. in Aristog. [Greek or Hebrew] & Aristoph. nubib. [Greek or Hebrew]
Now out of those, that were thus dignified by benefit of the bean, were cnine again by the like course advanced to further place of authority termed Rulers or Regents; of which number were ⟨p. 47⟩there 6 Masters of the ordinances, dthe King or Master of their Ceremonies, the Major for the year, eand the Martial. After the 500 thus designed, and the nine Regents called out of them, fLots were again cast, or drawn rather for each of the ten Wards, which should rule first (for the principality of each of them was to last little more then a month, to wit, the tenth part of their year) which next, and so on to the years end. This decided by Lot, all the Princes (for so now they were styled all of that Ward that had the white bean) of the principality that then took place, drew by Lot again gten Presidents that might rule for the seven first days, and then ten more for the seven next, and so on till the 35. days were expired, the full time of their whole principality. Out of which ten again there was by Lot likewise drawn out ha Commander or a Provest, whose government in that kind lasted but one day of the seven, neither might any one of the ten have it more then once or above one day at once, because the keys of the Castle at Athens were in his keeping: and so seven of them having it in course as the white bean favoured them, three of them of necessity were debarred of it.
Now out of those, that were thus dignified by benefit of the beane, were cnine againe by the like course aduanced to further place of authority termed Rulers or Regents; of which number were ⟨p. 47⟩there 6 Masters of the ordinances, dthe King or Master of their Ceremonies, the Maior for the yeere, eand the Martiall. After the 500 thus designed, and the nine Regents called out of them, fLots were againe cast, or drawen rather for each of the ten Wards, which should rule first (for the principality of each of them was to last little more then a moneth, to wit, the tenth part of their yeere) which next, and so on to the yeeres end. This decided by Lot, all the Princes (for so now they were stiled all of that Ward that had the white beane) of the principalitie that then tooke place, drew by Lot againe gten Presidents that might rule for the seuen first dayes, and then ten more for the seuen next, and so on till the 35. dayes were expired, the full time of their whole principalitie. Out of which tenne againe there was by Lot likewise drawne out ha Commander or a Prouest, whose gouernment in that kinde lasted but one day of the sauen, neither might any one of the ten haue it more then once or aboue one day at once, because the keyes of the Castle at Athens were in his keeping: and so seuen of them hauing it in course as the white beane fauoured them, three of them of necessitie were debarned of it.
c[Greek or Hebrew] Arg. Andr. [Greek or Hebrew], Ibid. Et Poli. l. 8. c. 2. [Greek or Hebrew] Plut. Peric.〈non-Latin alphabet〉 Arg. Andr. 〈non-Latin alphabet〉, Ibid. Et Poli. l. 8. c. 2. 〈non-Latin alphabet〉 Plut. Peric.
d[Greek or Hebrew] Demos•h.〈non-Latin alphabet〉 Demos•h.
e[Greek or Hebrew] Heradot. l. 6.〈non-Latin alphabet〉 Heradot. l. 6.
f[Greek or Hebrew] Aristot & Aesrbine Harpocr. & Li•••. argum. Andr•t. paulò aliter Polluxonem l. 8. c. 9. § 32. Hinc Thucud. l. 8. [Greek or Hebrew].〈non-Latin alphabet〉 Aristot & Aesrbine Harpocr. & Li•••. argum. Andr•t. paulò aliter Polluxonem l. 8. c. 9. § 32. Hinc Thucud. l. 8. 〈non-Latin alphabet〉.
g[Greek or Hebrew] Lib••. ••g. Aud• & V••i in Median à q••bus […]〈non-Latin alphabet〉 Lib••. ••g. Aud• & V••i in Median à qbus
iWhen causes were to be heard and tried, the Masters of the Ordinances accompanied with a Register, called those that had power of judicature together into one place; and, whereas there were ten ⟨p. 48⟩Courts, that held plea of several kind of suits, marked with several letters, set in kseveral colours (as it seemeth) over the several Court gates; kby Lot they assigned ma competent number of persons according to the quality of the suits to be heard, for each Court, as they drew beans or acorns, (for nthose also are reported to have been used in this business) with the letters upon them that belonged to those Courts: each of which persons so allotted ohaving received first a Rod from the Crier with the name of the Court written on it, or of the same colour that the letter was over the Court gate, he went with that and his bean or acorn unto pthat Court that had the letter on the one of the same colour with the other, and was there admitted for a Judge.
iWhen causes were to be heard and tried, the Masters of the Ordinances accompanied with a Register, called those that had power of iudicature together into one place; and, whereas there were ten ⟨p. 48⟩Courts, that held plea of seuerall kinde of suits, marked with seuerall letters, set in kseuerall colours (as it seemeth) ouer the seuerall Court gates; kby Lot they assigned ma competent number of persons according to the qualitie of the suits to be heard, for each Court, as they drew beanes or acornes, (for nthose also are reported to haue beene vsed in this businesse) with the letters vpon them that belonged to those Courts: each of which persons so allotted ohauing receiued first a Rod from the Crier with the name of the Court written on it, or of the same colour that the letter was ouer the Court gate, hee went with that and his beane or acorne vnto pthat Court that had the letter on the one of the same colour with the other, and was there admitted for a Iudge.
iEx Schol. Aristoph. in Plut.
kIta Schol. ex Aristot. ubi tam•n alia Scholia colorem omnibus eundem [Greek or Hebrew] appingu•t.Ita Schol. ex Aristot. vbi tam•n alia Scholia colorem omnibus eundem 〈non-Latin alphabet〉 appingu•t.
kHinc Dem•st. in Aristog. 1. [Greek or Hebrew] Et huc allusit Aristoph. in Eccles. ubi ait; [Greek or Hebrew] &c. Quae •um apud Suidam parum consideratè legisset, ad sortes conuivales retulit Lelius Bisc. hor. subsec. l. 9. c. 13. Sic. Lucian. dicaster. [Greek or Hebrew] Et Aristoph. Pluto de sene capulari; [Greek or Hebrew]. Vise sit Sig•n. de repub. Ath••• 2. c. 3. & Rhodig. antiq. lect. l 12 c. 18.Hinc Dem•st. in Aristog. 1. 〈non-Latin alphabet〉 Et huc allusit Aristoph. in Eccles. vbi ait; 〈non-Latin alphabet〉 &c. Quae •um apud Suidam parum consideratè legisset, ad sortes conuiuales retulit Lelius Bisc. hor. subsec. l. 9. c. 13. Sic. Lucian. dicaster. 〈non-Latin alphabet〉 Et Aristoph. Pluto de sene capulari; 〈non-Latin alphabet〉. Vise sit Sig•n. de repub. Ath••• 2. c. 3. & Rhodig. antiq. lect. l 12 c. 18.
m[Greek or Hebrew] Lucian dicaster.〈non-Latin alphabet〉 Lucian dicaster.
Besides these ordinary Judges were there certain qArbitrators also or Umpires (other from such as were chosen by mutual consent of both sides) by Lot assigned for the hearing and ending of lighter matters, rdivided likewise among them by Lot; which they did, assisted by certain sClerks of the pleas designed also by Lot: tfrom whose sentence such as liked it not, might appeal to the Judges.
Besides these ordinary Iudges were there certaine qArbitrators also or Vmpires (other from such as were chosen by mutuall consent of both sides) by Lot assigned for the hearing and ending of lighter matters, rdiuided likewise among them by Lot; which they did, assisted by certaine sClerkes of the pleas designed also by Lot: tfrom whose sentence such as liked it not, might appeale to the Iudges.
q[Greek or Hebrew] Harp•c•. [Greek or Hebrew] Demost. in Aphob.〈non-Latin alphabet〉 Harp•c•. 〈non-Latin alphabet〉 Demost. in Aphob.
r[Greek or Hebrew] Pollux l. 8. c. 10.〈non-Latin alphabet〉 Pollux l. 8. c. 10.
s[Greek or Hebrew] Pollux. l. 8. c. 8. §. 6.〈non-Latin alphabet〉 Pollux. l. 8. c. 8. §. 6.
Now in this designation as well of their Senators, as of their nine Regents, it was constantly observed ⟨p. 49⟩that usome were ever by a second Lottery added after a just number drawn, that if any of them drawn formerly, either were rejected upon trial, or deceased within the time of his Regiment, the other might immediately supply his place. And xthere was a great penalty for any one that should intrude himself into Court or Council, not being by Lot assigned so to do.
Now in this designation as well of their Senators, as of their nine Regents, it was constantly obserued ⟨p. 49⟩that usome were euer by a second Lotterie added after a iust number drawne, that if any of them drawne formerly, either were reiected vpon triall, or deceased within the time of his Regiment, the other might immediately supplie his place. And xthere was a great penaltie for any one that should intrude himselfe into Court or Councell, not being by Lot assigned so to doe.
u[Greek or Hebrew] Ex Platon. Hyperbolo Harp. Lex.〈non-Latin alphabet〉 Ex Platon. Hyperbolo Harp. Lex.
xHinc Aescbines decorona Demosth. obijcit, quod [Greek or Hebrew] Senatū ingressu sit.Hinc Aescbines decorona Demosth. obijcit, quod 〈non-Latin alphabet〉 Senatū ingressu sit.
I find further among the Offices carried at Athens by Lot; yTen Treasurers taken out of those of the best rank: zTen Controllers or Auditors, to whom most of the other Officers within certain days after their time expired were to give account of their government, free liberty granted any man that would stand forth to accuse them of, or charge them with ought, carried otherwise by them then ought to have been, while they were in Office: aTen Surveyors or Scavengers: bTen Wardens of the Ports: cTen Clerks of the Market: as also the Office of dthe Eleven; ewhereof Ten were as Sheriffs or Bailiffs, and had charge of the common Gaole, and of Executions and Arrests, each within his own Ward; the Eleventh was a Scribe or Register adjoined unto them, for the making of Writs and entering of Actions: as fthe Officers also of each Principality before mentioned had one the like chosen likewise by Lot to attend them for the keeping ⟨p. 50⟩of their Writs and Decrees, and for the entering of their Orders.
I find further among the Offices carried at Athens by Lot; yTen Treasurers taken out of those of the best ranke: zTen Controllers or Auditors, to whom most of the other Officers within certaine dayes after their time expired were to giue account of their gouernment, free libertie granted any man that would stand forth to accuse them of, or charge them with ought, carried otherwise by them then ought to haue beene, while they were in Office: aTen Surueighors or Scauengers: bTen Wardens of the Ports: cTen Clarkes of the Market: as also the Office of dthe Eleuen; ewhereof Ten were as Sheriues or Bailiues, and had charge of the common Gaole, and of Executions and Arrests, each within his owne Ward; the Eleuenth was a Scribe or Register adioyned vnto them, for the making of Writs and entring of Actions: as fthe Officers also of each Principality before mentioned had one the like chosen likewise by Lot to attend them for the keeping ⟨p. 50⟩of their Writs and Decrees, and for the entring of their Orders.
y[Greek or Hebrew] Pollux l. 8. c. 8. § 10. [Greek or Hebrew] Harpocr.〈non-Latin alphabet〉 Pollux l. 8. c. 8. § 10. 〈non-Latin alphabet〉 Harpocr.
z[Greek or Hebrew] l. Etym. & Harpocr.〈non-Latin alphabet〉 l. Etym. & Harpocr.
a[Greek or Hebrew] Ex Aristot. Harp. [Greek or Hebrew] &c. [Greek or Hebrew] Demost. in Timocr. Virosq hos 15. fuisse contendit Meurs. lect. Attic. l. 1. c. 19.〈non-Latin alphabet〉 Ex Aristot. Harp. 〈non-Latin alphabet〉 &c. 〈non-Latin alphabet〉 Demost. in Timocr. Virosq hos 15. fuisse cōtendit Meurs. lect. Attic. l. 1. c. 19.
b[Greek or Hebrew] Etymol. [Greek or Hebrew] ex Aristot. Harp.〈non-Latin alphabet〉 Etymol. 〈non-Latin alphabet〉 ex Aristot. Harp.
c[Greek or Hebrew] ex Arist. Harp.〈non-Latin alphabet〉 ex Arist. Harp.
d[Greek or Hebrew] Etymol. [Greek or Hebrew] dictos. ex Phalareo Poll. l. 8. c. 8. §. 20.〈non-Latin alphabet〉 Etymol. 〈non-Latin alphabet〉 dictos. ex Phalareo Poll. l. 8. c. 8. §. 20.
e[Greek or Hebrew] Poll. ibid.〈non-Latin alphabet〉 Poll. ibid.
Now these Officers thus elected by Lot, had some of them as well Sacred as Civill employment. For not only gthe King or the Master of the Mysteries and holy Rites, dealt most in such matters; but hthe Mayor for the year, and ithe Martial too, had their several employments in that kind for several their superstitious services. And besides them had they by Lot designed kSacrists, ten in number, for the procuring of prodigies, and the performance of certain Superstitions used every fifth year; as also Priests for their several Gods, as lJove, mVulcan, &c. wherein nmany others also concurred with them both in *other parts of Greece, and oelse-where; as pat Syracuse in Sicily, where, of three chosen by voices out of three Families, was one Priest for Jove yearly designed by Lot.
Now these Officers thus elected by Lot, had some of them as well Sacred as Ciuill imployment. For not onely gthe King or the Master of the Mysteries and holy Rites, dealt most in such matters; but hthe Mayor for the yeere, and ithe Martiall too, had their seuerall imployments in that kinde for seuerall their superstitious seruices. And besides them had they by Lot designed kSacrists, tenne in number, for the procuring of prodigies, and the performance of certaine Superstitions vsed euery fift yeere; as also Priests for their seuerall Gods, as lIoue, mVulcan, &c. wherein nmany others also concurred with them both in *other parts of Greece, and oelse-where; as pat Syracuse in Sicilie, where, of three chosen by voices out of three Families, was one Priest for Ioue yeerely designed by Lot.
g[Greek or Hebrew]. Plato apud Bud. in comment. [Greek or Hebrew]. Pollux l 8. c. 8. §. 3. Eodem ferè loco erat quo Rex Sacrificulus Romanis. Postell. de Ma•. Ath. c. 21.〈non-Latin alphabet〉. Plato apud Bud. in comment. 〈non-Latin alphabet〉. Pollux l 8. c. 8. §. 3. Eodem ferè loco erat quo Rex Sacrificulꝰ Romanis. Postell. de Ma•. Ath. c. 21.
i[Greek or Hebrew] Ibid. §. 4.〈non-Latin alphabet〉 Ibid. §. 4.
k[Greek or Hebrew] &c. Etymolog.〈non-Latin alphabet〉 &c. Etymolog.
l[Greek or Hebrew] apud Lysiā in Evandr.〈non-Latin alphabet〉 apud Lysiā in Euandr.
m[Greek or Hebrew] Demost. in Eub•l.〈non-Latin alphabet〉 Demost. in Eub•l.
n[Greek or Hebrew] Dionys. Halic. antiq. l. 2.〈non-Latin alphabet〉 Dionys. Halic. antiq. l. 2.
*In Telluris aede Sacerdos creature [Greek or Hebrew] Pansā, Achaic, Achaea Junoni apud Aegiū oppidū virgo sortitur. Tertul. ad uxor. l. x. Delphi• [Greek or Hebrew] designabantur, ut Eurip. Jone. [Greek or Hebrew]. Vise Bulong. in Casaub. diatr. 3.
§. 7. To pass over from Greece to Italy, from Athens the qEye of the one, to Rome the rHead of the other, yea sof a great part sometime of the ⟨p. 51⟩whole known world: At Rome, albeit it be reported of Romulus, that the would by no means have Priests appointed by Lot, but by Election: yet uby Lot were the Vestal Virgins there in succeeding ages designed, as the place became void by decease or default, one taken of twenty picked out formerly by the chief Priest. And for Civill Offices among the Romans (who are herein xsaid to have imitated the Athenians, but in truth took not their course) not so much the Offices themselves ordinarily, ywhich went most by election and voices, as the employments in the Offices were divided by Lot.
§. 7. To passe ouer from Greece to Italie, from Athens the qEye of the one, to Rome the rHead of the other, yea sof a great part sometime of the ⟨p. 51⟩whole knowne world: At Rome, albeit it be reported of Romulus, that the would by no meanes haue Priests appointed by Lot, but by Election: yet uby Lot were the Vestall Virgins there in succeeding ages designed, as the place became void by decease or default, one taken of twenty picked out formerly by the chiefe Priest. And for Ciuill Offices among the Romanes (who are herein xsaid to haue imitated the Athenians, but in truth tooke not their course) not so much the Offices themselues ordinarily, ywhich went most by election and voices, as the imployments in the Offices were diuided by Lot.
qOcellus Gracia. Casa•b, ad Theophr. [Greek or Hebrew] Pindaro. Vise Athenaeum l. 5. & 6. dipnosop. & Cic. pro •lace. Sic [Greek or Hebrew] Da•aseum. Julian••: & [Greek or Hebrew]. Philo de […] fabr. dixit. Hadr. Junius adag. 64. cent. 3.Ocellus Gracia. Casa•b, ad Theophr. 〈non-Latin alphabet〉 Pindaro. Vise Athenaeum l. 5. & 6. dipnosop. & Cic. pro •lace. Sic 〈non-Latin alphabet〉 Da•aseum. Iulian••: & 〈non-Latin alphabet〉. Philo de 〈…〉 fabr. dixit. Hadr. Iunius adag. 64. cent. 3.
rCaput Italiae fore ab Auguribus praedictum de capite humano in Capitolij fundamentis repert•. Vise Li•. l. 1. & Dionys. Hal. l. 4. digna tam fe••a ceruice facies. Ply. •ist. not. l. 3. c. 5.Caput Italiae fore ab Auguribus praedictum de capite humano in Capitolij fundamentis repert•. Vise Li•. l. 1. & Dionys. Hal. l. 4. digna tam fe••a ceruice facies. Pli•. •ist. nat. l. 3. c. 5.
sCaput terrarum, Plin. ibid. ••perij, Lin. ibid. Orbis, Ovid. amor. l. 1. [Greek or Hebrew], Athen, dipnof. l. 1. Mund•• alt•r, Sern. ad Virg.Caput terrarum, Plin. ibid. ••perij, Lin. ibid. Orbis, Ouid. amor. l. 1. , Athen, dipnof. l. 1. Mund altr, Sern. ad Virg.
For first after the making away of Romulus, zthe two hundred of the Gentry, divided into tens, cast Lots for the ruling of the State in course among themselves, each ten their fifty days, and each of the ten his five; and so the next ten after, till they had all taken their turns. But that course they soon grew weary of, and at Numa's election it expired.
For first after the making away of Romulus, zthe two hundred of the Gentrie, diuided into tens, cast Lots for the ruling of the State in course among themselues, each ten their fiftie dayes, and each of the ten his fiue; and so the next ten after, till they had all taken their turnes. But that course they soone grew wearie of, and at Numaes election it expired.
z[Greek or Hebrew] &c. Dionys. Hal. l. 2〈non-Latin alphabet〉 &c. Dionys. Hal. l. 2
Again after the ejection of the Tarquines and the surcease of regal state, the two Consuls or Mayors by Brutus his means then settled, where some extraordinary business fell out, that was to be done by them, and could not conveniently be done but by one, (as athe Dedication of a Temple, hthe Nomination of a Dictator or Sovereign General, *the keeping of Courts for Creation of some new Officers, or the like,) used by Lot to decide whether ⟨p. 52⟩should have the honour of it. But most ordinary and usual was this their manner of decision, when either cone being to stay at home, and the other to go abroad, or dboth being to go abroad for the waging of war in several places, or the governing of several Provinces, it was by this means decided whether should go, whether stay, whether have this or that charge: As also when they were both together in the same service with equal authority, ethey did sometime in the execution thereof by Lot daily take their turns: and fand by it likewise decided whether should stay by it, and whether return for a time, when some state business required the presence of one of them at home. The Praetors likewise or Presidents, gone at first only ordained for Civill Jurisdiction at home, because the Consuls were by occasion of war oft called abroad; then htwo, as suites grew by access of foreigners to the City; and iafter a greater number as the Provinces increased; kfirst parted by Lot between two of them the City Jurisdiction, the one to be for the Causes between Citizen and Citizen, the other for those between Citizens and Foreigners; and after they and the rest, as also the lVice-consuls and mvice-praetors with them (such as by special commission continued in authority after their year expired, ⟨p. 53⟩or by special favour under the Emperors had such authority conferred upon them) cast Lots together in common, as well for the two several Jurisdictions at home, as for the sundry Provinces abroad.
Againe after the ejection of the Tarquines and the surcease of regall state, the two Consuls or Maiors by Brutus his meanes then setled, where some extraordinarie busines fell out, that was to be done by them, and could not conueniently be done but by one, (as athe Dedication of a Temple, hthe Nomination of a Dictator or Soueraigne Generall, *the keeping of Courts for Creation of some new Officers, or the like,) vsed by Lot to decide whether ⟨p. 52⟩should haue the honour of it. But most ordinarie and vsuall was this their manner of decision, when either cone being to stay at home, and the other to go abroad, or dboth being to go abroad for the waging of warre in seuerall places, or the gouerning of seuerall Prouinces, it was by this meanes decided whether should go, whether stay, whether haue this or that charge: As also when they were both together in the same seruice with equall authoritie, ethey did sometime in the execution thereof by Lot daily take their turnes: and fand by it likewise decided whether should stay by it, and whether returne for a time, when some state busines required the presence of one of them at home. The Pretors likewise or Presidents, gone at first onely ordained for Ciuill Iurisdiction at home, because the Consuls were by occasion of warre oft called abroad; then htwo, as suites grew by accesse of foreiners to the City; and iafter a greater number as the Prouinces encreased; kfirst parted by Lot betweene two of them the City Iurisdiction, the one to be for the Causes betweene Citizen and Citizen, the other for those betweene Citizens and Foreiners; and after they and the rest, as also the
aVal. Horatiusque Coss. sortiti utter Jonis adem in Capitolio dic•ret • Horatio sort evenit. Liu. hist. l. 2.Val. Horatiusque Coss. sortiti vter Ionis adem in Capitolio dic•ret • Horatio sorte euenit. Liu. hist. l. 2.
hDe Dictatore nominando si inter Coss. non conuc•• ret, sortiri solitu• qui'▪ diceret. Alex. ab Alexand. gen. dier. l. 4. c. 24.
cCoss. provincial sortiti; Fabio ut Antio legions duceret, Corn, ut Romae praesidium esset. Liu l. 3.Coss. prouincia• sortiti; Fabio vt Antio legiones duceret, Corn, vt Romae praesidium esset. Liu l. 3.
dHinc toties apud Livium ab ann. 11 c. 267. & deinceps; Coss. provincias sortiti: huic bellum istud, illi illud provincia evenit, &c. Et Cic. ad Attic. Ep. 14. Senatus decrevit ut Coss. 2. Gallias sortirentur.Hinc toties apud Liuium ab ann. 11 c. 267. & deinceps; Coss. prouincias sortiti: huic bellum istud, illi illud prouincia euenit, &c. Et Cic. ad Attic. Ep. 14. Senatus decreuit vt Coss. 2. Gallias sortirētur.
eConsul cui sors eius diei imperij erat, Liu l. 22. Ductu Sergij cuius di•s imperij erat. Ibid. l. 4.
To these in future times, as the State spread, were Questors or Treasurers adjoined, nwho had likewise their charge assigned them by Lot. And *of such as had been Treasurers, were Tribunes by Lot sometime designed, when none offered themselves to stand for the office.
To these in future times, as the State spred, were Questors or Treasurers adjoyned, nwho had likewise their charge assigned them by Lot. And *of such as had beene Treasurers, were Tribunes by Lot sometime designed, when none offered themselues to stand for the office.
nQuestorem habes non tuo judicio delectum, sed •um quem sors dedit. Cic. ad Q. fr. ep. 1. Quaestor factus continuò sine Sco, sine sort, sine lege ad Caesarē cucurristi. Cic. Philip. 2. Quaestura utriusque propemodū pari momento sortis fuit: habuit his lege Titia provinciā tacitam & quietā; tu illam, cui cùm Quaestores sortiuntur, etiam acclamari solet, Hostiensem. Idem pro Murrain. Sic à maioribus nostris accepimus Praetorē Quaestori suo parentis loco esse oportere: nullam neque graviorem neque justisrem causam necessitudinis possereperiri, quàm coni••ctionem sortis, quàm officij, quàm publicam muneris societatem. Idem Verrim 1. Vise & de his Dion. Cass. l. 53.Questorem habes non tuo iudicio delectum, sed •um quem sors dedit. Cic. ad Q. fr. ep. 1. Quaestor factus continuò sine SCo, sine sorte, sine lege ad Caesarē cucurristi. Cic. Philip. 2. Quaestura vtriusque propemodū pari momento sortis fuit: habuit his lege Titia prouinciā tacitam & quietā; tu illam, cui cùm Quaestores sortiuntur, etiam acclamari solet, Hostiensem. Idem pro Muren. Sic à maioribus nostris accepimus Praetorē Quaestori suo parentis loco esse oportere: nullam neque grauiorem neque iustisrem causam necessitudinis possereperiri, quàm coni••ctionem sortis, quàm officij, quàm publicam muneris societatem. Idem Verrim 1. Vise & de his Dion. Cass. l. 53.
*[Greek or Hebrew] Dio. Cass. l. 54.〈non-Latin alphabet〉 Dio. Cass. l. 54.
The oAediles also or Surveyors were by Lot designed whether should hold, where divers Competitors had an equal number of voices, and it was uncertain therefore which of them were chosen. And in their solemn Assemblies for election of Officers, it was pby Lot decided which Companies or Hundreds should be first demanded their Suffrages, and so qgive a leading voice, as it were, to the rest.
The oAediles also or Surueighors were by Lot designed whether should hold, where diuers Competitors had an equall number of voices, and it was vncertaine therefore which of them were chosen. And in their solemne Assemblies for election of Officers, it was pby Lot decided which Companies or Hundreds should be first demaunded their Suffrages, and so qgiue a leading voice, as it were, to the rest.
oNunquam mayors nostri sortitionem Aedilitiam constitnissent, nisi viderent accidere poss•, ut competitors pares suffragijs essent. Cic. pro Plan•.Nunquam maiores nostri sortitionem Aedilitiam constitnissent, nisi viderent accidere poss•, vt competitores pares suffragijs essent. Cic. pro Plan•.
pEcce Comiti•rum dies: sortitio prerogative. Cic. Phil. 2. Tribus prim• praerogativae dicebantur; sec•ndae jure vocata. Aescon. in Verr. 2. An •ua ce•turia praerogativa lantum autoritatis habit, ut •e•o unquam prior ea• tulerit quin renuncia••• sit? Cic. pro Planc. Vise Jo. Scalig. ad Fest.Ecce Comiti•rum dies: sortitio praerogatiue. Cic. Phil. 2. Tribus prim• praerogatiuae dicebantur; sec•ndae iure vocata. Aescon. in Verr. 2. An •ua ce•turia praerogatiua lantum autoritatis hab•t, vt •e•o vnquam prior ea• tulerit quin renuncia••• sit? Cic. pro Planc. Vise Io. Scalig. ad Fest.
qTanta illis comitijs religio est, ut adhuc omen valuerit praerogatinum. Cic pro Muren. V• de rectè Lamb. emendat illud Cic de divin. l. 1. Praerogativam etiam maiores omen (non, omnes) justorum comitiorum esse volu•runt. Vise Liu l. 10. anno 458.Tanta illis comitijs religio est, vt adhuc omen valuerit praerogatinum. Cic pro Muren. V• de rectè Lamb. emendat illud Cic de diuin. l. 1. Praerogatiuam etiam maiores omen (non, omnes) iustorum comitiorum esse volu•runt. Vise Liu l. 10. anno 458.
For warlike employment, both rConsuls and sPraetors had their Legions and Armies now and ⟨p. 54⟩then by this course also allotted them: and tsuch Tribes sometime were assigned as should afford soldiers for service: As also such persons of each Tribe as should serve: In which kind not unworthy the remembering is M. Curius his act, *who when a sudden muster was to be made in the time of his Consulship, and none of the younger sort made appearance, he cast Lots upon all the Tribes, and of that Tribe that came next to hand having cited him that was first drawn, because he appeared not, both 1confiscated his goods, and 2sold him for a slave.
For warlike imployment, both rConsuls and sPraetors had their Legions and Armies now and ⟨p. 54⟩then by this course also allotted them: and tsuch Tribes sometime were assigned as should afford souldiers for seruice: As also such persons of each Tribe as should serue: In which kinde not vnworthy the remembring is M. Curius his act, *who when a suddaine muster was to be made in the time of his Consulshippe, and none of the younger sort made apparance, he cast Lots vpon all the Tribes, and of that Tribe that came next to hand hauing cited him that was first drawne, because he appeared not, both 1confiscated his goods, and 2sold him for a slaue.
rLiu. l. 21. anno 537. & l. 23. anno 539. E• Appian. bel. ciu. l. 2. [Greek or Hebrew].Liu. l. 21. anno 537. & l. 23. anno 539. E• Appian. bel. ciu. l. 2. 〈non-Latin alphabet〉.
sLiu. l. 30. anno 551.
tDecē tribus sorte ductae ex quibus delectus haberetur. Liu. l. 4. an. 337.Decē tribus sorte ductae ex quibus delectus haberetur. Liu. l. 4. an. 337.
*Coniectis in sortē omnibus tribubus Polliae, quae proxi•a •aierat, prim nomen urna extractum citari jussit. Val. Max. l. 6. c. 3.Coniectis in sortē omnibus tribubus Polliae, quae proxi•a •aierat, prim•m nomen vrna extractum citari iussit. Val. Max. l. 6. c. 3.
1Bona hastae subiecit Val.
2Tenebrionē vendidit. Varro apud Non. & ipsum & bena vendidit. Val.Tenebrionē vendidit. Varro apud Non. & ipsum & bena vendidit. Val.
For Civill Jurisdiction, at first more sparingly, but in latter times ordinarily, were uthe several pleas parted among them by Lot, some to have and try Causes of Treason, some of Murder, some of Extortion, and the like. And xthese, when any of them were to sit, by Lot used to extract out of the whole company of those that had power of Judicature in such cases, such a number as the Law required to assist them in judgement. That which ancient writers call ythe Sorting of Suites, not, as some have thought, zthe ordering of Causes, but 1the assigning ⟨p. 55⟩of Judges by Lot (to prevent corruption and packing) for the hearing of each Cause. In which case 2it was lawful as well for Defendant as Plaintiff, upon just ground to challenge any of the Judges allotted him; and 3some other then was by Lot likewise to be drawn in his room. As also sometime 4by Lot there was Counsel assigned the parties contending at the appointment of the Court.
For Ciuill Iurisdiction, at first more sparingly, but in latter times ordinarily, were uthe seuerall pleas parted among them by Lot, some to haue and trie Causes of Treason, some of Murther, some of Extortion, and the like. And xthese, when any of them were to sit, by Lot vsed to extract out of the whole company of those that had power of Iudicature in such cases, such a number as the Law required to assist them in iudgement. That which auncient writers call ythe Sorting of Suites, not, as some haue thought, zthe ordering of Causes, but 1the assigning ⟨p. 55⟩of Iudges by Lot (to preuent corruption and packing) for the hearing of each Cause. In which case 2it was lawfull as well for Defendant as Plantiffe, vpon iust ground to challenge any of the Iudges alotted him; and 3some other then was by Lot likewise to be drawne in his roome. As also sometime 4by Lot there was Counsell assigned the parties contending at the appointment of the Court.
uCum Praetores designati sortirentur, M. Metello obtigit, ut is de pecu•ijs "repetundis quaer•ret. Cic. Verr. 1. Cassij de maiestate, Sulpit ij sorsquaestio p culatus. Cic. pro Murrain. Vise Sig•n. de judic. l. 2. c. 4.Cum Praetores designati sortirentur, M. Metello obtigit, vt is de pecu•ijs "repetundis quaer•ret. Cic. Verr. 1. Cassij de maiestate, Sulpit ij sorsquaestio p culatus. Cic. pro Muren. Vise Sig•n. de iudic. l. 2. c. 4.
xQuum multi Judices à Praetore ad Consilium vocandi essent, qui Quaesitor fuisset in publica aliqua causa, necesse erat primū de Curia Senatoriae conscribi, deindein ur nam sortitò mitti, ut de pluribus necessarius numerus confici posset. Aescō. in Verr. 3. Vise Cic. Verr. 4 & pro Cluent. & ad Q. Fr. Ep. 5. Huc allusit Virg. Aen. 6. Nec verò hae sine sort datae, sine judice sedes: Quaesitor Min•s urnam movet; ille sileutum Conciliumque vocat; vitasque & crimin•discit Vise & Cod. Theod. l. 2. tit. 1. sect. 11.12.Quum multi Iudices à Praetore ad Consilium vocandi essent, qui Quaesitor fuisset in publica aliqua causa, necesse erat primū de Curia Senatoriae conscribi, deindein vr nam sortitò mitti, vt de pluribus necessarius numerꝰ confici posset. Aescō. in Verr. 3. Vise Cic. Verr. 4 & pro Cluent. & ad Q. Fr. Ep. 5. Huc allusit Virg. Aen. 6. Nec verò hae sine sorte datae, sine iudice sedes: Quaesitor Min•s vrnam mouet; ille sileutum Conciliumque vocat; vitasque & crimin•discit Vise & Cod. Theod. l. 2. tit. 1. sect. 11.12.
yEx lege Rupilia dicas sortiri. Cic. Ver. 4.
zNon audiebantur causae nisi per sortem ordinatae: ex sorte n. diert• ordi•ē accipiebant, &c. Seru ad Aes. 6. quem sequuntur Hadr. Jun. animad v. l. 2. c. 5. Robortel. annot. l. 1. c. 24. H. Steph. & Bud. in meant. ling. Gr.
Beside these by Lot Augustus is reported ato have set a part a certain number of Senators to consult with at set times about matters to be moved in open Court afterward, or rather bto dispatch businesses by without the Court, yet so as by them the whole Court might seem to have some hand in them: by Lot likewise che assigned others to attend the Court, and make up a just number on Court-days during the vintage-time, giving the rest liberty of absence: by Lot dhaving parted the City into certain Regions or Wards, he appointed the yearly Officers to share those Wards, and to undertake the charge of them; ewhich continued so for a long time after: by Lot fhe enjoined two of those that had formerly been Praetors to be chosen yearly for the custody of the common Treasury; gwhich through the evil success of it lasted not long: by Lot hhe assayed to reform the whole body of the Senate, choosing first himself a certain number, and after an oath administered to them, giving ⟨p. 56⟩them power to name five a piece that they thought fittest for government, so that none of their own kindred, of each which five he drew one: but that device of his likewise 9took no great good effect, in regard whereof he soon gave it over again.
Beside these by Lot Augustus is reported ato haue set a part a certaine number of Senators to consult with at set times about matters to be moued in open Court afterward, or rather bto dispatch businesses by without the Court, yet so as by them the whole Court might seeme to haue some hand in them: by Lot likewise che assigned others to attend the Court, and make vp a iust number on Court-daies during the vintage-time, giuing the rest libertie of absence: by Lot dhauing parted the Citie into certaine Regions or Wards, he appointed the yeerely Officers to share those Wards, and to vndertake the charge of them; ewhich continued so for a long time after: by Lot fhe enjoyned two of those that had formerly beene Pretors to be chosen yeerely for the custody of the common Treasurie; gwhich through the euill successe of it lasted not long: by Lot hhe assaied to reforme the whole body of the Senate, chusing first himselfe a certaine number, and after an oath administred to them, giuing ⟨p. 56⟩them power to name fiue a peece that they thought fittest for gouernment, so that none of their owne kindred, of each which fiue hee drew one: but that deuice of his likewise 9tooke no great good effect, in regard whereof he soone gaue it ouer againe.
aInstituit sibi consilia sortiri s•mestria, cum quibus de negotijs ad frequentem Senatum referendi• ante tractaret. Suet. Aug. c. 35.
cSeptembri Octobrive mense ne adesse ullos necesse esset, quàm sorte ductos. Suet. Aug. cap. 35.Septembri Octobriue mense ne adesse vllos necesse esset, quàm sorte ductos. Suet. Aug. cap. 35.
dVibis regiones annui Magistratus sortito in••entur. Ibib. c. 30. Et Dion. Cass. l. 55.
eCasaub. ibid. quē vise.Casaub. ibid. quē vise.
fAmbitu suspecto, sorte ducebantur ex numero praetorum qui praessent. Tacit. annal. lib. 13.
gNeque id diu m•n•it, quia sor• decr•abat ad p••rum ido••os. Ibid.
hDion. Cass. hist. l. 54.
9[Greek or Hebrew] &c. [Greek or Hebrew]. Ibid.〈non-Latin alphabet〉 &c. 〈non-Latin alphabet〉. Ibid.
z[Greek or Hebrew] Harp. Lex •het. ex D•moslh. de•nom. [Greek or Hebrew] Hesych qui & eò allusisse ait S•phoclem in Meleagro, ac si apud Ae••l setiam us•tatumid fuiss•t. Quod Erasm•m decepit Aetolis istud tribuentem. adag 37. rent. 6. chill. 4.〈non-Latin alphabet〉 Harp. Lex •het. ex D•moslh. de•nom. 〈non-Latin alphabet〉 Hesych qui & eò allusisse ait S•phoclem in Meleagro, ac si apud Ae••l setiam vs•tatumid fuiss•t. Quod Erasm•m decepit Aetolis istud tribuentem. adag 37. rent. 6. chil. 4.
a[Greek or Hebrew] Argum. Androt. [Greek or Hebrew] Harpocr.〈non-Latin alphabet〉 Argum. Androt. 〈non-Latin alphabet〉 Harpocr.
b[Greek or Hebrew] ex. Aristot. Harp.〈non-Latin alphabet〉 ex. Aristot. Harp.
••
〈…〉
h[…]〈…〉
Aristo•. ibid.
p[Greek or Hebrew]. Arist. in Athen. polit. apud Schol. Aristoph. Pluto.〈non-Latin alphabet〉. Arist. in Athen. polit. apud Schol. Aristoph. Pluto.
[Greek or Hebrew] &c. Pollux l. 8. c. 8 §. 11.〈non-Latin alphabet〉 &c. Pollux l. 8. c. 8 §. 11.
In Telluris aede Sacerdos creatur 〈non-Latin alphabet〉 Pansā, Achaic, Achaea Iunoni apud Aegiū oppidū virgo sortitur. Tertul. ad vxor. l. x. Delphi•〈non-Latin alphabet〉 designabantur, vt Eurip. Ione. 〈non-Latin alphabet〉. Vise Bulong. in Casaub. diatr. 3.
oLaocoon ductus Neptuno sort sacerdos. Virg. Ac•. 2. ut solet fieri, v•i deest certu• sacerdos: erat enim L. Thymbraei Apollinis sac. Seru.La•coo• ductus Neptuno sorte sacerdos. Virg. Ac•. 2. vt solet fieri, v•i deest certu• sacerdos: erat enim L. Thymbraei Apollinis sac. Seru.
t[Greek or Hebrew] Dionys. Hal. l. 2.〈non-Latin alphabet〉 Dionys. Hal. l. 2.
uPapia lege caution ut Pontificis Maximi arbitratu virgins è populo viginti legantur, sortitioque in con•ione ex eo numero fiat. •e••ius noct. Attic. l. 1. c. 12. Hinc Suet. Aug. c. 31. ambijsse mult•s ne s•lia•in sortem darent.Papia lege cautiō vt Pontificis Maximi arbitratu virgines è populo viginti legantur, sortitioque in con•ione ex eo numero fiat. •e••ius noct. Attic. l. 1. c. 12. Hinc Suet. Aug. c. 31. ambijsse mult•s ne s•lia•in sortem darent.
xPostel. de mag. Athen. c. 21. & Delrio disq. mag. tom. 2. l. 4. c. 4. q. 1
vice-pretors with them (such as by speciall commission continued in authoritie after their yeere expired,
⟨p. 53⟩
or by speciall fauour vnder the Emperors had such authoritie conferred vpon them) cast Lots together in common, as well for the two seuerall Iurisdictions at home, as for the sundrie Prouinces abroad.
fPrior Cl. quum Sempronius cui sors comitia habendi obtigerat, Roman venit. Liu. l. 39.Prior Cl. quum Sempronius cui sors comitia habēdi obtigerat, Romā venit. Liu. l. 39.
gCum Coss. bellis avocareatur, neque esset quì in civitate jus reader poss•t, Praetor creatus est Urb•nus, qui in urbe jus diceret. Pompon de orig. •uris leg. 2. Visatur Liu. l. 7.Cum Coss. bellis auocareatur, neque esset quì in ciuitate ius reddere poss•t, Praetor creatus est Vrb•nus, qui in vrbe ius diceret. Pompon de orig. •uris leg. 2. Visatur Liu. l. 7.
hTurba peregrinorum, in urbem veniente, creatus est •lius qui peregrinus appellaretur. Pompon. ibid.Turba peregrinorum, in vrbem veniente, creatus est •lius qui peregrinus appellaretur. Pompon. ibid.
iTot Praetors creati, quot provinciae in d•ti•n•m ••n•rant. Ibid. Vise Liu l. 22. anno 11. c. 338. & l. 32. anno 557. & l. 38. an. 567. & l. 40. anno 575.Tot Praetores creati, quot prouinciae in d•ti•n•m ••n•rant. Ibid. Vise Liu l. 22. anno 11. c. 338. & l. 32. anno 557. & l. 38. an. 567. & l. 40. anno 575.
kHinc toties apud Liu. ab anno 538. Praetores provincias sortiti: Urbana sors A. peregrina B. Sardinia C. Sicily D. Gallia •. &c. obuenit.Hinc toties apud Liu. ab anno 538. Praetores prouincias sortiti: Vrbana sors A. peregrina B. Sardinia C. Sicilia D. Gallia •. &c. obuenit.
lCatera• Provincias Proconsulibus sortitò permisit. Sueton. Aug. c. 47. Vise Dion. Cass l. 53.Catera• Prouincias Proconsulibus sortitò permisit. Sueton. Aug. c. 47. Vise Dion. Cass l. 53.
mQuos eorum ex SC• cum imperio in provincias pro Praetor mitti oporteret, eos sorti ò in provincias mitti placeret. Cael. Cic. li. 8. Ep. 8. In sortem conij•erentur, quoad is num•rus effectus esset, quem ad numerum in Prou. mitti oportere•. Ibid.Quos eorum ex SC• cum imperio in prouincias pro Praetore mitti oporteret, eos sorti ò in prouincias mitti placeret. Cael. Cic. li. 8. Ep. 8. In sortem conij•erentur, quoad is num•rus effectus esset, quem ad numerum in Prou. mitti oportere•. Ibid.
•••
Non audiebantur causae nisi per sortem ordinatae: ex sorte n. diert• ordi•ē accipiebant, &c. Seru ad Aes. 6. quem sequuntur Hadr. Iun. animad v. l. 2. c. 5. Robortel. annot. l. 1. c. 24. H. Steph. & Bud. in ••• ment. ling. Gr.
1Judices sortiti. Cic. Ver. 3. & 4. Hinc Suet. Aug. c. 29. Cautū est, ut in Marti• ad• sortitiones judicū fierent. & Cas. c. 12. Sort index in re• ductus. Et Cic. Ver. 4. Paratus ad han• dicā sortiendā venerat. Et ibid. ••ducit ex urna tres: eis ut absentem condemnent imperat. Et Judicia sortiri. Sen. Herc. Fur. 3.2. i. Judices. quod parum assecutus est Farnab, ••ster. Vise Na•u•um miscel. l. 9. c. 7. Sigon. de Judic. l. 2. c. 12. Et Praevot. de Mag. Rom. c. 7.Iudices sortiti. Cic. Ver. 3. & 4. Hinc Suet. Aug. c. 29. Cautū est, vt in Marti• ad• sortitiones iudicū fierent. & Cas. c. 12. Sorte index in re• ductus. Et Cic. Ver. 4. Paratus ad han• dicā sortiendā venerat. Et ibid. ••ducit ex vrna tres: eis vt absentem condemnent imperat. Et Iudicia sortiri. Sen. Herc. Fur. 3.2. i. Iudices. quod parum assecutus est Farnab, ••ster. Vise Na•u•um miscel. l. 9. c. 7. Sigon. de Iudic. l. 2. c. 12. Et Praeuot. de Mag. Rom. c. 7.
2Accusatorireoque permissum, ut ex illo numero reijcerent, quos inimic•s sibi aut incommodos putarent. Ascō. in Verr.Accusatorireoque permissum, vt ex illo numero reijcerent, quos inimic•s sibi aut incommodos putarent. Ascō. in Verr.
3In reiectorum locum praetor alios subsortiebatur: undè Subsortitio dictae Ascon. ib. Cum his judicibus, quos in horum loc•• ex lege subsortitu• es. Cic. pro Cluent.In reiectorum locum praetor alios subsortiebatur: vndè Subsortitio dictae Ascon. ib. Cum his iudicibus, quos in horum loc•• ex lege subsortitu• es. Cic. pro Cluent.
