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.
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
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. •.
At Syracuse the delivery in Court of their minds in course by Lot (u in some kind and case continued unto Tullies time with them) and that after the order of the Alphabet (as *the like was used in the Olympics) is famous for Dionysius his act, xwho having drawn the letter M. when one jesting upon him said yhe would play the Mome or the fool, made answer that zhe would prove not a Mome but a Monarch: and he made his word good; for chosen General he turned Tyrant. Whence it grew to a Proverb to say, 1M. is his Lot, either aof a fool, or bof a fellow of no worth.
At Syracuse the deliuery in Court of their mindes in course by Lot (u in some kinde and case continued vnto Tullies time with them) and that after the order of the Alphabet (as *the like was vsed in the Olympickes) is famous for Dionysius his act, xwho hauing drawne the letter M. when one jesting vpon him said yhe would play the Mome or the foole, made answere that zhe would proue not a Mome but a Monarke: and hee made his word good; for chosen Generall hee turned Tyrant. Whence it grew to a Prouerbe to say, 1M. is his Lot, either aof a foole, or bof a fellow of no worth.
In voyages were csome by Lot set a shore for discovery, especially where it was suspected to be difficult and dangerous. And at sea sometimes dthey cast Lots who should row, and who be otherwise employed: and ethose again whose Lot ⟨p. 63⟩it was to tug at the oars end, took their places by Lot. Both in public works, fas at the building of Tyre; and in private labours, as gat Vulcans forge; and in mutual combinations, as hat assaulting the Cyclops, ieach man had his task or standing oft assigned him by Lot. Neither is the passing pride of that kEgyptian Tyrant here to be passed by, that compelled such Kings as were tributaries to him, not, as lAdonibezek did sometime with his, to sit like dogs under his board, but to draw, taking their turns by Lot, like horses in his Chariot, when it pleased him once a year to ride in state.
In voiages were csome by Lot set a shore for discouery, especially where it was suspected to be difficult and dangerous. And at sea sometimes dthey cast Lots who should row, and who be otherwise imploied: and ethose againe whose Lot ⟨p. 63⟩it was to tug at the oares end, tooke their places by Lot. Both in publike workes, fas at the building of Tyre; and in priuate labours, as gat Vulcans forge; and in mutuall combinations, as hat assaulting the Cyclops, ieach man had his taske or standing oft assigned him by Lot. Neither is the passing pride of that kEgyptian Tyran here to be passed by, that compelled such Kings as were tributaries to him, not, as lAdonibezek did sometime with his, to sit like dogges vnder his boord, but to draw, taking their turnes by Lot, like horses in his Charet, when it pleased him once a yeere to ride in state.
cSic Ulysse & Eurylocho de Circaea insula expl•rā da sortientibus, •urylocho sors exij•. Hom Odyss. [Greek or Hebrew]. Et inde Ovid. Metam. lib. 14 Sort sumus lecti.Sic Vlysse & Eurylocho de Circaea insula expl•rā da sortientibꝰ, •urylocho sors exij•. Hom Odyss. 〈non-Latin alphabet〉. Et inde Ouid. Metam. lib. 14 S•rte sumus lecti.
dSternimur optataegremio telluris ad undam, Sortiti remos. Virg. Aen. l. 3. •. Per sortem di•isi ad officia remiga•di, quis esset proreta, quis pedem teneret. Seru.Sternimur optataegremio telluris ad vndam, Sortiti remos. Virg. Aen. l. 3. •. Per sortem di•isi ad officia remiga•di, quis esset proreta, quis pedem teneret. Seru.
e[Greek or Hebrew]. Apollon. Argon. ubi [Greek or Hebrew] •st [Greek or Hebrew], ut Eustath. Il. [Greek or Hebrew].〈non-Latin alphabet〉. Apollon. Argon. vbi 〈non-Latin alphabet〉•st 〈non-Latin alphabet〉, vt Eustath. Il. 〈non-Latin alphabet〉.
fOperumque labor•m Partib• aqua bat justis, & sort trahebat Dido. Vir. Aen. 1.Operumque labor•m Partib aqu bat iustis, & sorte trahebat Dido. Vir. Aen. 1.
In a word, so frequent was the use of a Lot in this kind, that some aGrammarians have thought (though bindeed it seem not to be so) that a Lot among the Grecians from hence had its name, because by it men were usually called unto this or that work. But sure it is that in this regard in speech ordinary, though figurative, men are commonly said to have this or that Office callotted them, though it come not by Lot to them, but by election or otherwise: as our Saviour is said truly to have been anointed da Prince, ea Priest, and fa Prophet, though neither any Prophets ever used to be anointed, nor any such material oil ever came on his head. The not observing whereof hath made gsome suppose Lottery there, where indeed there is no lot at all.
In a word, so frequent was the vse of a Lot in this kinde, that some aGrammarians haue thought (though bindeed it seeme not to be so) that a Lot among the Grecians from hence had its name, because by it men were vsually called vnto this or that worke. But sure it is that in this regard in speech ordinary, though figuratiue, men are commonly said to haue this or that Office callotted them, though it come not by Lot to them, but by election or otherwise: as our Sauiour is said truly to haue beene anointed da Prince, ea Priest, and fa Prophet, though neither any Prophets euer vsed to be anointed, nor any such materiall oyle euer came on his head. The not obseruing whereof hath made gsome suppose Lotterie there, where indeed there is no lot at all.
a[Greek or Hebrew]. Etym. & Eust. Il. [Greek or Hebrew].〈non-Latin alphabet〉. Etym. & Eust. Il. 〈non-Latin alphabet〉.
b[Greek or Hebrew] literis transpositis, versoque [Greek or Hebrew] in [Greek or Hebrew]. Avenar. Guichard. & Crucig.〈non-Latin alphabet〉 literis transpositis, versoque 〈non-Latin alphabet〉 in 〈non-Latin alphabet〉. Auenar. Guichard. & Crucig.
cAct. 1.7. [Greek or Hebrew]. de Juda. & 17.4. [Greek or Hebrew], d••i• qui s••i spontè associaverant.Act. 1.7. 〈non-Latin alphabet〉. de Iuda. & 17.4. 〈non-Latin alphabet〉, d••i• qui s••i spontè associauerant.
§. 10. Thus have we seen how frequent the use of Lots hath been among all sorts, for distribution of Offices and Services Civill and Sacred: Now they were no less frequent also in the division of Inheritances, of Lands and possessions, of Goods and Chattels, and the like: yea and oft times of Rewards too, as well pains and penalties, as Honours and Dignities.
§. 10. Thus haue wee seene how frequent the vse of Lots hath beene among all sorts, for distribution of Offices and Seruices Ciuill and Sacred: Now they were no lesse frequent also in the diuision of Inheritances, of Lands and possessions, of Goods and Chattels, and the like: yea and oft times of Rewards too, as well paines and penalties, as Honours and Dignities.
Of Lands and possessions by Lot assigned to be held and inhabited we have sundry examples in Scripture.
Of Lands and possessions by Lot assigned to bee held and inhabited wee haue sundry examples in Scripture.
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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,
one of those ten againe singled by Lot dispatcht the other nine, and in the last place himselfe.
[Greek or Hebrew]. Joseph. ••ptiū. l. 3. c 26.〈non-Latin alphabet〉. Ioseph. ••ptiū. l. 3. c 26.
r[Greek or Hebrew]. Ibid.〈non-Latin alphabet〉. Ibid.
s[Greek or Hebrew]. Jos. cap. l. 7 c. 35.〈non-Latin alphabet〉. Ios. cap. l. 7 c. 35.
t[Greek or Hebrew]. Ibid.〈non-Latin alphabet〉. Ibid.
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gOcyus incubuere omnes, pariterque lab rem Sortiti. Aen. 8.
h[Greek or Hebrew].- Hom. Odyss. •. - nosmagna precati Numina, sortitique vices (vel partes membrorum, vel quo quis loco staret. Seru.) unâ undique circum F•ndimur, & telo lumen terebramus acuto. Virg. Aen. 3.〈non-Latin alphabet〉.- Hom. Odyss. •. - nosmagna precati Numina, sortitique vices (vel partes membrorum, vel quo quis loco staret. Seru.) vnâ vndique circum F•ndimur, & telo lumen terebramus acuto. Virg. Aen. 3.
iSic Diod•r. Sic. l. 3. Oi [Greek or Hebrew] topazium inquirunt.Sic Diod•r. Sic. l. 3. Oi 〈non-Latin alphabet〉 topazium inquirunt.
kSesostris any quibusque sort reges singulos è subiectis jungere ad currum solitus, &c. Plin. hist. •at. l. 33. c. 3. & Jul. •uleng. de triump. c. 5.Sesostris anni• quibusque sorte reges singulos è subiectis iungere ad currum solitus, &c. Plin. hist. •at. l. 33. c. 3. & Iul. •uleng. de triump. c. 5.
