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.
§. 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 t
by 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
which 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. 〈non-Latin alphabet〉, Athen, dipnof. l. 1. Mund•• alt•r, Sern. ad Virg.
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
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.
In Tiberius his reign were kby Lot certain assigned to clear the Laws in some cases then questionable. And in Vespasians time either lMucianus, or mVespasian himself, or nboth of them, as some suppose, severally and at several times, by Lot assigned some to see restitution made of wrongs done during the civill wars that then lately had been; and to help extraordinarily to rid the Courts of the multitude of suites, that intermission of Justice had now cloyed them withal.
In Tiberius his reigne were kby Lot certaine assigned to cleare the Lawes in some cases then questionable. And in Vespasians time either lMucianus, or mVespasian himselfe, or nboth of them, as some suppose, seuerally and at seuerall times, by Lot assigned some to see restitution made of wrongs done during the ciuill warres that then lately had beene; and to helpe extraordinarily to ridde the Courts of the multitude of suites, that intermission of Iustice had now cloied them withall.
kSorte ducti qui legis nexus exoluerent. Tacit. Annal. l. 3.
lSort ducti per quos redderentur bello rapta, &c. de Muciano Tac. hist. l. 4.Sorte ducti per quos redderentur bello rapta, &c. de Muciano Tac. hist. l. 4.
mDe Vespasiano idem Suet. Vesp. c. 10. Vise Ravard. pro Tribunat. c. 17.De Vespasiano idem Suet. Vesp. c. 10. Vise Rauard. pro Tribunat. c. 17.
nDe utroque Marcil. ad Suet.De vtroque Marcil. ad Suet.
Lastly we find oLegates or Lieutenants (for psome of them had special power withal) though but qrarely, designed by Lot: In which case when rthe use of Lottery was in that kind sometime questioned, though by some it were opposed, yet sthe greater part went with it, and would needs have it still retained, as a sovereign tpreservative against ambition and corruption, and a singular remedy for the preventing both of uenmity and xenvy: In ⟨p. 57⟩which regard they esteemed it as a kind of divine yOrdinance, where it was carried without fraud and covin, as it ought.
Lastly wee finde oLegates or Leiftenants (for psome of them had speciall power withall) though but qrarely, designed by Lot: In which case when rthe vse of Lotery was in that kinde sometime questioned, though by some it were opposed, yet sthe greater part went with it, and would needes haue it still retained, as a soueraigne tpreseruatiue against ambition and corruption, and a singular remedy for the preuenting both of uenmity and xenuy: In ⟨p. 57⟩which regard they esteemed it as a kinde of diuine yOrdinance, where it was carried without fraud and couine, as it ought.
oSortem legationibus mayors posuerunt. Marce•lus apud Tacitum hist. l. 4.Sortem legationibus maiores posuerunt. Marce•lus apud Tacitum hist. l. 4.
pSenatus decrevit ut legati cum autoritate mitterentur. Cum mea sore ex isset, &c. Cic. ad Attic. Epist. 17. [Greek or Hebrew]. Dion. Cass. l. 59Senatus decreuit vt legati cum autoritate mitterentur. Cum mea sore ex isset, &c. Cic. ad Attic. Epist. 17. 〈non-Latin alphabet〉. Diō. Cass. l. 59
qPlura exempla frustrà quaesivit Lipsius ipse. Addo tamen ex Cic. pro Ligario de Tuberone in African legato; Tuberoni• s•r• coniecta est ex SC•. cùm ipse non adesset. Et mox, Quò Senatus cum sorsque miserat. Frustrà enim Fr. Syluius ad auspicia detorquet.Plura exempla frustrà quaesiuit Lipsius ipse. Addo tamen ex Cic. pro Ligario de Tuberone in African legato; Tuberoni• s•r• coniecta est ex SC•. cùm ipse non adesset. Et mox, Quò Senatus cum sorsque miserat. Frustrà enim Fr. Syluius ad auspicia detorquet.
rPriscus eligi, Marcellus urnam postulabat. Tacit. hist. l. 4.Priscus eligi, Marcellus vrnam postulabat. Tacit. hist. l. 4.
sVicit pars, quae sortiri malebat. Ibid.
tSo•• cerneret, ne quid gratia momenti faceret. Liu. hist l. 43.
uNe ambiti••i aut inimicitijs locus foret. Tacit. hist. l. 4.
xQuidam, ne alijs electis posthabiti crederentur; splendid issimu quisque, met inuidiae, si ipsi eligerentur, Ibid.
§ 8. Neither is this practise of Civill Lottery in matter of Office and Employment unusual zin Italy even at this day; and that in some of those Estates that for wisdom and policy are of special note and general renown. Among other the State of Venice which many make the very Mirror of policy, and some suppose to be aa model of Plato's old platform, is very frequent in this kind. For bwhereas among them the whole body of their Gentry are of course admitted into their General Council at 25. years of age, and not ordinarily earlier; yet at 20. they may make suite for it, and if the Lot favour them, then obtain it. To this purpose they meet once a year cthe fourth of December: at which time those that seek it, having formerly made proof of their Gentry, have their names cast all into one pot, and brought in to the Duke, before whom standeth another pot with as many balls in it, whereof a fifth part is gilt, and the rest all silver only. He draweth each mans name out of the one, and withal a ball out of the other, which if it prove a golden one, he is thereupon admitted, if a silver one only, he stayeth at least a year longer. Again in the choice of their Officers, not so much the main Offices, as the Electorships are in part disposed by Lot, somewhat after the manner that *Augustus sometime used, as not long before ⟨p. 58⟩we showed. For first in the designation of their Duke their principal Magistrate there is Lottery upon Lottery, lotting and voicing in a prolix and intricate manner interchangeably mixed the one with the other. dWhen the place is void either by deposition, or (as most usually) by decease, all their Gentry of 30. years of age or upward (for none under are then admitted) are assembled together, and come in order of place as they sit (Lots first cast which side of them shall come first) to the Lotpot, having as many balls in it as there be of them in all, whereof 30. only are gilt: there a child draweth for each of them, till for 30. of them those 30. gilt ones be drawn. For which 30. the child draweth again the second time out of another pot that hath 9. only gilt ones. The nine so drawn withdraw themselves into a conclave, where among themselves they name 40. such as have each of them 6. voices at least. Out of the 40. so named are 12. again selected by Lot: which 12. among themselves choose 25. each at least by 8. voices.
§ 8. Neither is this practise of Ciuill Lotery in matter of Office and Imployment vnusuall zin Italie euen at this day; and that in some of those Estates that for wisedome and policie are of speciall note and generall renowne. Among other the State of Venice which many make the very Mirhor of policie, and some suppose to be aa modell of Platoes old platforme, is very frequent in this kind. For bwhereas among them the whole body of their Gentry are of course admitted into their Generall Councell at 25. yeeres of age, and not ordinarily earlier; yet at 20. they may make suite for it, and if the Lot fauour them, then obtaine it. To this purpose they meete once a yeere cthe fourth of December: at which time those that seeke it, hauing formerly made proofe of their Gentry, haue their names cast all into one pot, and brought in to the Duke, before whom standeth another pot with as many balls in it, whereof a fift part is gilt, and the rest all siluer onely. He draweth each mans name out of the one, and withall a ball out of the other, which if it proue a golden one, he is thereupon admitted, if a siluer one onely, he staieth at least a yeere longer. Againe in the choice of their Officers, not so much the maine Offices, as the Electorships are in part disposed by Lot, somewhat after the manner that *Augustus sometime vsed, as not long before ⟨p. 58⟩we shewed. For first in the designation of their Duke their principall Magistrate there is Lotery vpon Lotery, lotting and voicing in a prolix and intricate manner enterchangeably mixed the one with the other. dWhen the place is voide either by deposition, or (as most vsually) by decesse, all their Gentry of 30. yeares of age or vpward (for none vnder are then admitted) are assembled together, and come in order of place as they sit (Lots first cast which side of them shall come first) to the Lotpot, hauing as many balls in it as there be of them in all, whereof 30. onely are gilt: there a childe draweth for each of them, till for 30. of them those 30. gilt ones be drawne. For which 30. the childe draweth againe the second time out of another pot that hath 9. onely gilt ones. The nine so drawne withdraw themselues into a conclaue, where among themselues they name 40. such as haue each of them 6. voices at least. Out of the 40. so named are 12. againe selected by Lot: which 12. among themselues choose 25. each at least by 8. voices.
zMultis in loci• Officiarios sic perballotas sive brevia eligunt. Pano•m. ad 5. de Sortileg.Multis in loci• Officiarios sic perballotas siue breuia eligunt. Pano•m. ad 5. de Sortileg.
aVenetorum r•mpub esse vindicias caelestis reipublica. Platonis Darts in Bar. annal.Venetorum r•mpub esse vindicias caelestis reipublica. Platonis Dartes in Bar. annal.
b•ontaren. de Venet. repub l. 1. & Postel de Magistr. Athen. c. 2.
Of these 25. are 9. again by Lot set apart: which 9. nominate further 45. as before: and those 45. being by Lot again reduced to eleven; these eleven choose out 41. of the chief Senators, which last have power to elect a Duke. These 41. then after an oath by them severally taken to choose whom they judge worthiest, and some other solemnities performed, write each of them in a scroll whom he thinketh good. The scrolls are mingled together, and then drawn as they come: and the fitness of the person first drawn is discussed: who if he have ⟨p. 59⟩25. voices with him, had wont anciently to carry it without further ado. But of latter-times they go on, and he that hath most voices above that number, come he first or last to hand, hath the place. If none of them have voices enough, they begin again, and continue till some one be nominated that hath.
Of these 25. are 9. againe by Lot set apart: which 9. nominate further 45. as before: and those 45. being by Lot againe reduced to eleuen; these eleuen chuse out 41. of the chiefe Senators, which last haue power to elect a Duke. These 41. then after an oath by them seuerally taken to chuse whom they iudge worthiest, and some other solemnities performed, write each of them in a scroll whom hee thinketh good. The scrols are mingled together, and then drawne as they come: and the fitnesse of the person first drawne is discussed: who if he haue ⟨p. 59⟩25. voices with him, had wont aunciently to cary it without further adoe. But of latter-times they go on, and he that hath most voices aboue that number, come he first or last to hand, hath the place. If none of them haue voices enough, they beginne againe, and continue till some one be nominated that hath.
*Again in their yearly assemblies for the choice of other Officers, all their Gentry that have voice in Council (none of them excluded) draw first for 60. gilt balls out of two pots by one Lottery, the one half out of the one, and the other half out of the other: and then those 60. for 36. other gilt ones out of an other pot by a second Lottery. And the 36. that have thus drawn and lighted on gilden balls twice, have power to nominate to such Offices as are then to be chosen: which they do in this manner. They go apart into certain conclaves by nine and nine in four companies. Where all those of each company in order of years draw out of a Lot-pot balls with marks upon them for the several Offices; and according to the ball that each of them hath drawn, he nominateth what Citizen he will for that Office, who if he have 6. voices of those 9. the party yet holdeth; if not, an other must be nominated by him, till some one be so approved. By this means among those four Companies are there four Competitors nominated for each of their Offices, whereof one is chosen by most voices of the whole Assembly, the Electors and the whole kindred of the parties nominated being only first excluded.
*Againe in their yeerely assemblies for the choice of other Officers, all their Gentry that haue voice in Councell (none of them excluded) draw first for 60. gilt balls out of two pots by one Lotery, the one halfe out of the one, and the other halfe out of the other: and then those 60. for 36. other gilt ones out of an other pot by a second Lotery. And the 36. that haue thus drawne and lighted on gilden balls twice, haue power to nominate to such Offices as are then to be chosen: which they doe in this manner. They go apart into certaine conclaues by nine and nine in foure companies. Where all those of each company in order of yeeres draw out of a Lot-pot balls with markes vpon them for the seuerall Offices; and according to the ball that each of them hath drawne, he nominateth what Citizen he will for that Office, who if he haue 6. voices of those 9. the party yet holdeth; if not, an other must be nominated by him, till some one be so approued. By this meanes among those foure Companies are there foure Competitors nominated for each of their Offices, whereof one is chosen by most voices of the whole Assembly, the Electors and the whole kindred of the parties nominated being onely first excluded.
*Contar. de Venet. repub. l. 1. Et Postel. de Magistr. Athen. c. 8.
Somewhat after the same manner are they reported to choose, not their Electors, but their Offices in the Tuscan Estate. For edividing those that are capable of Office into three ranks, and accordingly casting them into three boxes: Out of the first they draw the Magistrates of highest place; the middle sort out of the second; and the lowest out of the third, And having thus drawn five several ones for each Office, he carrieth it, that hath of the five the most voices in the Council: But their election standeth as it pleaseth the Duke to confirm it, and no further.
Somewhat after the same manner are they reported to chuse, not their Electors, but their Offices in the Tuscan Estate. For ediuiding those that are capable of Office into three rankes, and accordingly casting them into three boxes: Out of the first they draw the Magistrates of highest place; the middle sort out of the second; and the lowest out of the third, And hauing thus drawne fiue seuerall ones for each Office, he carrieth it, that hath of the fiue the most voices in the Councell: But their election standeth as it pleaseth the Duke to confirme it, and no further.
eEstates & Empires translated out of French by Grimston.Estates & Empires transl•ted out of French by Grimston.
§ 9. Generally in all places among all sorts of people employments of all sorts have thus oft been shared. In war much was thus managed. For in garrisons, sieges, pight fields and set camps, those that served together, had their times, and places, and courses oft assigned them by Lot, as for fwatch and ward, so gfor assault and defence, or such employment as the place that by Lot befell them should require. In which kind it is no vulgar commendation, that is given the Emperor Theodosius, that hthough then a great COMMANDER yet he was content as a common Soldier in such military services to take his turn by Lot among the rest.
§ 9. Generally in all places among all sorts of people imploiments of all sorts haue thus oft beene shared. In warre much was thus managed. For in garisons, seiges, pight fieldes and set camps, those that serued together, had their times, and places, and courses oft assigned them by Lot, as for fwatch and ward, so gfor assault and defence, or such imploiment as the place that by Lot befell them should require. In which kinde it is no vulgar commendation, that is giuen the Emperour Theodosius, that hthough then a great COMMAVNDER yet hee was content as a common Souldier in such military seruices to take his turne by Lot among the rest.
fMilites sortitò per h•ras excub•bant. H. Jun. animad. l 2. •. 5. & 1. Savar. ad illud Sidonij ep. 6. l. 8. Inter ex•u•ial•s curas saltem sorti•ò vacabis. Hinc Virg. Ae•. 9 Omnis per muros legio sorti•a p•riclum excubat; excercentque vices qu•d cu•que tu••dum est. Nisus erat ponrtae c•stos. - i•s•rte divisa ad d• fensi•n•m pericul•. Seru. & Georg. 4. de apibus. Sunt quibus ad portas cecidit custody sorti. à militia tractum. Ser•.Milites sortitò per h•ras excub•bant. H. Iun. animad. l 2. •. 5. & 1. Sauar. ad illud Sidonij ep. 6. l. 8. Inter ex•u•ial•s curas saltem sorti•ò vacabis. Hinc Virg. Ae•. 9 Omnis per muros legio sorti•a p•riclum excubat; excercentque vices qu•d cu•que tu••dum est. Nisus erat pōrtae c•stos. - i•s•rte diuisa ad d• fensi•n•m pericul•. Seru. & Georg. 4. de apibus. Sunt quibus ad portas cecidit •ustodi• sorti. à militia tractum. Ser•.
g[Greek or Hebrew] stations in acie [Greek or Hebrew]. Xenoph. Cyri paed. l. 6. Divisis copijs Coss. so rtiti, quia non ab eadem utrumque part aggredi host•m placebat, regiones quas peterent. Liud. 41. Polynicis [Greek or Hebrew] Duces 7. [Greek or Hebrew]. Aeschyl. Theb quod & Eurip Phaenis. Et contra obsessi quoque septem excursib•s haerent. Ogygijs it sort Creon. &c. Stat. Theb. l 8.〈non-Latin alphabet〉 stationes in acie 〈non-Latin alphabet〉. Xenoph. Cyri paed. l. 6. Diuisis copijs Coss. so rtiti, quia non ab eadem vtrumque parte aggredi host•m placebat, regiones quas peterent. Liud. 41. Polynicis 〈non-Latin alphabet〉 Duces 7. 〈non-Latin alphabet〉. Aeschyl. Theb quod & Eurip Phaenis. Et contra obsessi quoque septem excursib•s haerent. Ogygijs it sorte Creon. &c. Stat. Theb. l 8.
hOmnium castrensium munerum numeros primus aut cum primis obir•; st••• pro signis; excubias sort agere; &c. in praeiium primus ire, praelio postremus excedere: dux consilio esse, miles exemplo. Paca•us panegyr.Omnium castrensium munerum numeros primus aut cum primis obir•; st••• pro signis; excubias sorte agere; &c. in praeiium primus ire, praelio postremus excedere: dux consilio esse, miles exemplo. Paca•us panegyr.
In single Combats ia Champion was sometime singled out by Lot: and kby Lot it was determined (if a Poets word may go for good) whether of the twain should give the onset. In jeopardous exploits, or where multitude might cause confusion, and hinder rather then help, a Lot was called in, to order and marshal the matter. Thus lby Lot it is said to have been decided who should be enclosed in the wooden Horses womb at the taking of Troy. Thusm Timoleon being to pass a river with his army in the face of the enemy, took the rings of the several Leaders by drawing them to decide in what order they should pass; and when the ring of one of them that had a Trophy engraven on it, came first to hand, they left all further lotting, and with great alacrity made each of them with all speed they could over, and so discomfited those forces, that stood on the other side to inhibit their passage. And thus nPericles, when he could hardly restrain his people inconsiderately over-eager on sight, he divided them into two parts, and by Lot assigned them, some to skirmish, and some to rest and make merry the whilst, to wit, that part of them othat lighted on the white bean: whence it grew, saith mine Author, to be a by-word applied to those that live at ease that they have pa white day of it, alluding to the white bean. In desperate cases, when they were resolved to die rather then to fall into the hand of the enemy, and to be at his mercy; qthey decided sometime by Lot who should slay either other; ⟨p. 62⟩and rby that means Joseph the Jewish historiographer escaped, his Lot coming out with the last mans, whom he persuaded to surrender himself with him to the Romans: or who should be common Executioners to all; for so sthe Jews besieged in Masada at Eleazar's instigation, chose by Lot ten among them to be as common Butchers to the rest, unto whom each of them presented his wives and children and himself to be slain; which being done, tone of those ten again singled by Lot dispatched the other nine, and in the last place himself.
In single Combats ia Champion was sometime singled out by Lot: and kby Lot it was determined (if a Poets word may go for good) whether of the twaine should giue the onset. In jeopardous exploites, or where multitude might cause confusion, and hinder rather then helpe, a Lot was called in, to order and marshall the matter. Thus lby Lot it is said to haue beene decided who should be enclosed in the wodden Horses wombe at the taking of Troy. Thusm Timoleon being to passe a riuer with his armie in the face of the enemie, tooke the rings of the seuerall Leaders by drawing them to decide in what order they should passe; and when the ring of one of them that had a Trophey engrauen on it, came first to hand, they left all further lotting, and with great alacrity made each of them with all speed they could ouer, and so discomfited those forces, that stood on the other side to inhibite their passage. And thus nPericles, when he could hardly restraine his people inconsiderately ouer-eager on sight, hee diuided them into two parts, and by Lot assigned them, some to skirmish, and some to rest and make merry the whilest, to wit, that part of them othat lighted on the white beane: whence it grew, saith mine Author, to be a by-word applied to those that liue at ease that they haue pa white day of it, alluding to the white beane. In desperate cases, when they were resolued to die rather then to fall into the hand of the enemie, and to be at his mercy; qthey decided sometime by Lot who should slay either other; ⟨p. 62⟩and rby that meanes Ioseph the Iewish historiographer escaped, his Lot comming out with the last mans, whom hee perswaded to surrender himselfe with him to the Romanes: or who should bee common Executioners to all; for so s
iS•c Aiax cum Hectore committitur. Homer. Il. [Greek or Hebrew]. - Hinc Soph•el. Aiace.- [Greek or Hebrew]. Et Ovid. Met. l. 13. Hunc •go poscentē cum quo concurreret unus Sustinui: sortemque meam vovistis A•hivi, &c.S•c Aiax cum Hectore committitur. Homer. Il. 〈non-Latin alphabet〉. - Hinc Soph•el. Aiace.- 〈non-Latin alphabet〉. Et Ouid. Met. l. 13. Hunc •go poscentē cum quo concurreret vnus Sustinui: sortemque meam vouistis A•hiui, &c.
k[Greek or Hebrew] Hector Ulyssesque [Greek or Hebrew], utter Paris an Menelaus in congressu prior [Greek or Hebrew]. Hom. Il. •.〈non-Latin alphabet〉 Hector Vlyssesque 〈non-Latin alphabet〉, vter Paris an Menelaus in congressu prior 〈non-Latin alphabet〉. Hom. Il. •.
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.
4Visatur Plin. Sec. epist. 3. lib. 9.
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yAccusavi eum, quîcum Quaestor fueram, quîcum me sors consuetud•que maiorum, quîcum me Deorum homi• numque judiciu•• coniunxerat. Cic. Verr. 1. Sortis necessitudinem religionemque violatam. Ibid. ut nec fidem suam, nec morem maiorum, nec necess•tudinem sortis laederet: Etenim si has perturbare & permiscere volumus, totā vitā periculosam, inuidiosam, infestamque reddemus, si nullam religinem sors habebit, nullam autoritatem mores atque inst•uta maiorum. Ibid. 3. Judicibus nulla lege, nullo instituto, nulla religione, nulla sorte ex libidine istius datis. Ibid 2.Accusaui eum, quîcum Quaestor fueram, quîcum me sors consuetud•que maiorum, quîcum me Deorum homi• numque iudiciu•• coniunxerat. Cic. Verr. 1. Sortis necessitudinem religionemque violatam. Ibid. vt nec fidem suam, nec morem maiorum, nec necess•tudinem sortis laederet: Etenim si has perturbare & permiscere volumꝰ, totā vitā periculosam, inuidiosam, infestamque reddemus, si nullam religinem sors habebit, nullam autoritatem mores atque inst•uta maiorum. Ibid. 3. Iudicibus nulla lege, nullo instituto, nulla religione, nulla sorte ex libidine istius datis. Ibid 2.
the Iewes beseiged in Masada at Eleazars instigation, chose by Lot ten among them to be as common Butchers to the rest, vnto whom each of them presented his wiues and children and himselfe to be slaine; which being done,
