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.
§ 4. And thus have Lots divinatory been used in matter of distribution, and of office: now there hath been likewise further use of them for matter of retribution, and of justice, in question of offence: and that either where the offence is either altogether uncertain whether there have been any committed or no; or where the offence is certain in general, that there hath been some committed, but it is not known in particular either who the Offender or what the offence is; or lastly where the offence is known in particular what it is, but the Offender is not. So that the Lot hath in these cases been used to discover sometime whether there were any offence done or not; sometime who were the Offenders, ⟨p. 276⟩and so what the offence was; sometime who were the Offenders in such an offence as was known to have been committed before.
§ 4. And thus haue Lots diuinatorie beene vsed in matter of distribution, and of office: now there hath beene likewise further vse of them for matter of retribution, and of iustice, in question of offence: and that either where the offence is either altogether vncertaine whether there haue beene any committed or no; or where the offence is certaine in generall, that there hath beene some committed, but it is not knowne in particular either who the Offendor or what the offence is; or lastly where the offence is knowne in particular what it is, but the Offendor is not. So that the Lot hath in these cases beene vsed to discouer sometime whether there were any offence done or not; sometime who were the Offendors, ⟨p. 276⟩and so what the offence was; sometime who were the Offendors in such an offence as was knowne to haue beene committed before.
Sometime a Lot hath been used where it was wholly uncertain whether any offence had been committed or no, where both offence, Offenders, and party offended have been altogether uncertain. Thus when there was n
taken before in fight by them, in a Cart drawn by two new-milch Kine that had calves, which if they drew it toward Bethshemesh, they might thereby know, that it was the GOD of ISRAEL that had plagued them; if any other way, that it was then but some chance that befell them. Which course being accordingly put unto trial, the Kine drew the Cart directly unto Beth-shemesh; and thereby discovered unto them both their offence, and the party offended with them, the Author of the evil that had lately befallen them. Which practise of theirs though I dare not say as some do, that it was undertaken of them
by divine instinct, much less by any such instinct that themselves were aware of, (for both these must concur to make such an act as that warrantable to any) it seeming rather to have risen from their wonted magical superstitions; yet was it no doubt accompanied with a special providence of God, as
the same Authors with others have well observed, thereby convincing them as it were by their own evidences, and by
⟨p. 277⟩
their wicked courses gaining glory to himself.
Sometime a Lot hath beene vsed where it was wholy vncertaine whether any offence had beene committed or no, where both offence, Offendors, and party offended haue beene altogether vncertaine. Thus when there was na plague vpon the Philistines, but they knew not well either from whence or for what it came, othey were aduised by their Wisards, to send away the Arke of the God of ISRAEL ptaken before in fight by them, in a Cart drawne by two new-milch Kine that had calues, which if they drew it toward Bethshemesh, they might thereby know, that it was the GOD of ISRAEL that had plagued them; if any other way, that it was then but some chaunce that befell them. Which course being accordingly put vnto triall, the Kine drew the Cart directly vnto Beth-shemesh; and thereby discouered vnto them both their offence, and the partie offended with them, the Author of the euill that had lately befalne them. Which practise of theirs though I dare not say as some doe, that it was vndertaken of them qby diuine instinct, much lesse by any such instinct that themselues were aware of, (for both these must concurre to make such an act as that warrantable to any) it seeming rather to haue risen from their wonted magicall superstitions; yet was it no doubt accompanied with a speciall prouidence of God, as rthe same Authors with others haue well obserued, thereby conuincing them as it were by their owne euidences, and by ⟨p. 277⟩their wicked courses gaining glory to himselfe.
qNon fint Dei instinctu hoc sibi s•gnum constituunt. Martyr in 1. Sam. c. 6.
rVise quae Chrys. hac dere ad Tit. hemil. 3. & Martyr latissimè in 1. Sā. 6.Vise quae Chrys. hac dere ad Tit. hemil. 3. & Martyr latissimè in 1. Sā. 6.
§ 5. Sometime again a Lot hath been used, where the offence in general hath been certain, but the particular of it uncertain, for the finding out of the Offender, that by his confession upon his apprehension the offence also might come to light.
§ 5. Sometime againe a Lot hath beene vsed, where the offence in generall hath beene certaine, but the particular of it vncertaine, for the finding out of the Offendor, that by his confession vpon his apprehension the offence also might come to light.
Thus was Jonathan discovered, having stasted of the honey, that they met with in the wood, when his father Saul had taccursed all that eat ought till even, because he would not have his people hindered from pursuit of the adversary whom they had then in chase. uSaul asking advice of God whether he should follow them by night or no, God giveth him no answer. He concludeth hereupon that God was offended, but he knoweth not how, nor by whom. To find it out *he casteth Lots between himself and his on the one side, and the people on the other side: and having entreated God to xgive a right or a perfect Lot, (though ysome expound his words otherwise) he and his are at first taken, the people past by: and upon a second casting between himself and his son, the Lot lighteth on his son Jonathan, who thereupon confesseth his offence in tasting of the honey with the tip of his staff, against his fathers charge in that behalf, at that time to him unknown. Which Lot though zused without warrant (as the 1 prayer was made without faith) yet was guided by God in special manner, thereby ato punish Saul deservedly for his unadvised act, and to show what snares men enwrap themselves in, as in bJephta by inconsiderate vows, so, cin Saul ⟨p. 278⟩by idle, rash and unnecessary Oaths.
Thus was Ionathan discouered, hauing stasted of the hony, that they met with in the wood, when his father Saul had taccursed all that eate ought till euen, because he would not haue his people hindred from pursuite of the aduersary whom they had then in chase. uSaul asking aduice of God whether he should follow them by night or no, God giueth him no answere. Hee concludeth hereupon that God was offended, but he knoweth not how, nor by whom. To finde it out *he casteth Lots between himselfe and his on the one side, and the people on the other side: and hauing entreated God to xgiue a right or a perfect Lot, (though ysome expound his words otherwise) he and his are at first taken, the people past by: and vpon a second casting between himselfe and his sonne, the Lot lighteth on his son Ionathan, who thereupon confesseth his offence in tasting of the hony with the tip of his staffe, against his fathers charge in that behalfe, at that time to him vnknowne. Which Lot though zvsed without warrant (as the 1 praier was made without faith) yet was guided by God in speciall manner, thereby ato punish Saul deseruedly for his vnaduised act, and to shew what snares men enwrap themselues in, as in bIephta by inconsiderate vowes, so, cin Saul ⟨p. 278⟩by idle, rash and vnnecessarie Oathes.
x[Greek or Hebrew] vers. 41. da perfectionen•, i. sortem veram. Vatab- fac sortem venire pro veritate rei. Chald.〈non-Latin alphabet〉 vers. 41. da perfectionen•, i. sortem veram. Vatab- fac sortem venire pro veritate rei. Chald.
yCedo integram, i. declara quis sit ina•xius. Euphe•ismus hypocritis familiaris: qualis 1. R•g. 21.10 qu• ̄ tamen Deus reverâ praeslat, innocentem designando. Jun in not.Cedo integram, i. declara quis sit ina•xius. Euphe•ismus hypocritis familiaris: qualis 1. R•g. 21.10 qu• ̄ tamen Deꝰ reuerâ praeslat, innocentem designando. Iun in not.
zQuòd Abulensis Saviem ait ex Spiritus Sa•cti instinctu sortem misisse, n•c suspicabitē habet probationē, ne• ullam meretur fidē. Malder. de superstit. c. 7. dub. 9.Quòd Abulensis Sauiem ait ex Spiritus Sa•cti instinctu sortem misisse, n•c suspicabitē habet probationē, ne vllam meretur fidē. Malder. de superstit. c. 7. dub. 9.
dThus was Jonah also discovered. eThe ship being on a sudden in strange danger and distress, they presumed that it was Gods hand upon them for somewhat amiss with them; but for what sin or whose they were not able to guess, till that fLots being cast by them, and the Lot lighting upon Jonah, both the Offender, and his offence committed, in flying from God, when he should have gone an other way on his errand, being gby him thereupon confessed, were both by that means discovered.
dThus was Ionas also discouered. eThe ship being on a sodaine in strange danger and distresse, they presumed that it was Gods hand vpon them for somewhat amisse with them; but for what sinne or whose they were not able to guesse, till that fLots being cast by them, and the Lot lighting vpon Ionas, both the Offendor, and his offence committed, in flying from God, when he should haue gone an other way on his errand, being gby him thereupon confessed, were both by that meanes discouered.
dSort Jonah deprehenditur. Greg. •d. in 1. R•g. l. 5.Sorte Ionas deprehenditur. Greg. •d. in 1. R•g. l. 5.
That which ha learned Linguist gathereth out of the change of the number in those words of that story, iThey gave out their Lots; and the Lot lighted on Jonah; to wit, that they should cast Lots oft over and over to be more fully assured of the certainty of the thing, and that upon every casting the Lot lighted still upon the same party; is not unlike that which kone of the Rabbins gathereth from lthe change of the Gender afterward in the same story, that mJonah should be in the bowels or belly of two several Whales, a male and a female, the one after the other; the one an idle and senseless, the other also a groundless conceit. For as nthe Genders in that language are oft indifferent and indefinite, else there might be three Whales as well as two picked out of the text, othe gender being also once again afterward changed: so the interchange of numbers in passing sometime pfrom the plural to the singular, sometime from the singular to the plural is a thing no less usual, qas well with the penmen ⟨p. 279⟩of holy writ, as with rother profane Writers, and those of the best note. And yet this help needeth not here neither: for there is san Article of some emphasis in the original, They cast their Lots; which were, it may be, many, as usually there are; and tthe Lot, or, that Lot, to wit, that that was assigned to show who was the delinquent, that Lot lighted upon Jonah; who being thereby discovered, discovered thereupon unto them, what had been done by him.
That which ha learned Linguist gathereth out of the change of the number in those words of that story, iThey gaue out their Lots; and the Lot lighted on Ionas; to wit, that they should cast Lots oft ouer and ouer to be more fully assured of the certainetie of the thing, and that vpon euery casting the Lot lighted still vpon the same partie; is not vnlike that which kone of the Rabbines gathereth from lthe change of the Gender afterward in the same story, that mIonas should be in the bowels or belly of two seuerall Whales, a male and a female, the one after the other; the one an idle and senselesse, the other also a groundlesse conceipt. For as nthe Genders in that language are oft indifferent and indefinite, else there might bee three Whales as well as two picked out of the text, othe gender being also once againe afterward changed: so the enterchange of numbers in passing sometime pfrom the plurall to the singular, sometime from the singular to the plurall is a thing no lesse vsuall, qas well with the penmen ⟨p. 279⟩of holy writ, as with rother prophane Writers, and those of the best note. And yet this helpe needeth not here neither: for there is san Article of some emphasis in the originall, They cast their Lots; which were, it may be, many, as vsually there are; and tthe Lot, or, that Lot, to wit, that that was assigned to shew who was the delinquent, that Lot lighted vpon Ionas; who being thereby discouered, discouered thereupon vnto them, what had beene done by him.
mCum in piscis masculi ventre s•tis commodè ag•ret, ad orationem animum non adiccit: quod ubi Deus animaduertit, ••ctum per vomitum à faemina faeta deglutiri procura•it, in cuius utero cùm angustè se haberet, Deum deprecari cep•rat. Jarchi.Cum in piscis masculi ventre stis commodè agret, ad orationem animum non adiccit: quod vbi Deus animaduertit, ctum per vomitum à faemina faeta deglutiri procurait, in cuius vtero cùm angustè se haberet, Deum deprecari ceprat. Iarchi.
Which course of Lottery as it was undertaken of them, not uupon any general light of natural grounds, as some great ones without good ground have delivered, (for then might men imitate them now in the like case) or 1by any special divine inspiration; as some others with as little likelihood have taught, but rather xafter the common manner of their own heathenish superstitions, yobserved (as is likely) by them then also in the use of it; and therefore was it no zlawful or warrantable, as some have said, but a wicked rather and unwarrantable course in them: so it took effect and fell out as it did, not, as some have imagined, aby force of the Lot used; or through the faith of them by whom it was used; or bby any ordinary course, ⟨p. 278⟩[…] ⟨p. 279⟩[…] ⟨p. 280⟩that in that kind God hath tied himself unto; or cin regard of any prayer conceived by Jonah as a Prophet, (a thing unlikely, considering his estate at that instant, in Gods displeasure, and guilty to himself that he was the man aimed at) but because dit pleased God extraordinarily making good use of their wickedness, secretly so to guide and dispose the event of that action, not regarding them or any act of theirs; but thereby to effect and work his own ends, that his fugitive servant might by that means be reclaimed and brought back to his obedience; and his power and providence be proclaimed among those, that were before altogether ignorant of either.
Which course of Lotery as it was vndertaken of them, not uvpon any generall light of naturall grounds, as some great ones without good ground haue deliuered, (for then might men imitate them now in the like case) or 1by any speciall diuine inspiration; as some others with as little likelihood haue taught, but rather xafter the common manner of their owne heathenish superstitions, yobserued (as is likely) by them then also in the vse of it; and therefore was it no zlawfull or warrantable, as some haue said, but a wicked rather and vnwarrantable course in them: so it tooke effect and fell out as it did, not, as some haue imagined, aby force of the Lot vsed; or through the faith of them by whom it was vsed; or bby any ordinary course, ⟨p. 278⟩〈…〉⟨p. 279⟩〈…〉⟨p. 280⟩that in that kinde God hath tied himselfe vnto; or cin regard of any praier conceiued by Ionas as a Prophet, (a thing vnlikely, considering his estate at that instant, in Gods displeasure, and guiltie to himselfe that he was the man aimed at) but because dit pleased God extraordinarily making good vse of their wickednesse, secretly so to guide and dispose the euent of that action, not regarding them or any act of theirs; but thereby to effect and worke his owne ends, that his fugitiue seruant might by that meanes be reclaimed and brought backe to his obedience; and his power and prouidence bee proclaimed among those, that were before altogether ignorant of either.
uExluce naturali quam fid•m •ommun•m appeliare possumus, sortitionem isti adhib•erunt. I•n. in Jon. c. 1.Exluce naturali quam fid•m •ōmun•m appeliare possumus, sortitionem isti adhib•erunt. I•n. in Ion. c. 1.
1Divina inspiratione factum est. Gloss. ad Grat. caus. 24 q. 3. Et Henr. Herp. in decal. praecept. 1. ser. 4. Deo inspirante. P. Palate in Jon. c. 1.Diuina inspiratione factum est. Gloss. ad Grat. caus. 24 q. 3. Et Henr. Herp. in decal. praecept. 1. ser. 4. Deo inspirante. P. Palat in Ion. c. 1.
xAdsortem confugiunt, cui gentes assueu•rant. Theoph. in Jon.Adsortem confugiunt, cui gentes assueu•rant. Theoph. in Ion.
yCredibile est ethnicos, qui prius diversos in•ocaverant Deos, in sortibus etiam superstitiosius egisse. Gualter in Jon. c. 1.Credibile est ethnicos, qui prius diuersos in•ocauerant Deos, in sortibꝰ etiam superstitiosiꝰ egisse. Gualter in Ion. c. 1.
And thus hath a divinatory Lot been used, where the offence and the Offender have been both equally unknown. Now the like hath been used also where the offence hath been known, but not the Offender; where the offence hath both been certainly known in general that it is, and discovered in particular also what it is, but the party delinquent hath remained yet undiscovered.
And thus hath a diuinatory Lot beene vsed, where the offence and the Offendor haue been both equally vnknowne. Now the like hath beene vsed also where the offence hath beene knowne, but not the Offendor; where the offence hath both beene certainely knowne in generall that it is, and discouered in particular also what it is, but the party delinquent hath remained yet vndiscouered.
Thus was there a Lot used for the discovery of Achan. For ewhen God had told Joshua that an offence had been committed, in retaining some part of the accursed spoils of Jericho, which ought wholly to have been destroyed, for which the wrath of God was kindled against the whole army; but the Offender unrevealed and undiscovered lay hid; fby Gods special appointment a Lot was used, ⟨p. 281⟩(as gmost agree, howsoever hsome idle Rabbins dream of other means of discovery) and Achan thereby made known to be the party delinquent. For iLots being cast for the Tribes first, the Tribe of Judah was taken; being cast again for the Families of that Tribe, Zerach's Family was taken; and cast lastly again for the several houses and persons of that Family or Kindred, Zabdies house, and in it Achan was at length caught and discovered; who thereupon confessed his fault.
Thus was there a Lot vsed for the discouery of Achan. For ewhen God had told Ioshua that an offence had beene committed, in retaining some part of the accursed spoiles of Iericho, which ought wholy to haue beene destroied, for which the wrath of God was kindled against the whole armie; but the Offender vnreuealed and vndiscouered lay hid; fby Gods speciall appointment a Lot was vsed, ⟨p. 281⟩(as gmost agree, howsoeuer hsome idle Rabbines dreame of other meanes of discouery) and Achan thereby made knowne to be the partie delinquent. For iLots being cast for the Tribes first, the Tribe of Iuda was taken; being cast againe for the Families of that Tribe, Zerachs Familie was taken; and cast lastly againe for the seuerall houses and persons of that Familie or Kindred, Zabdies house, and in it Achan was at length caught and discouered; who thereupon confessed his fault.
gGratian. decr. c. 26. q. 2. Thom. sum 2• 2ae. q. 95. a 2. Alph. Abule•s. q 29 & 30. Josep. antiq. l. 5. c. 1. Lavat. in Josh. c. 7. M•sius ibid. Riber. in Jon. c. 1. n. 41. Serar. in Josh. t•m. 2. c. 7. q. 16. Et è Rabbin• R. Levi Ben-Gersh•m.Gratian. decr. c. 26. q. 2. Thom. sum 2• 2ae. q. 95. a 2. Alph. Abule•s. q 29 & 30. Iosep. antiq. l. 5. c. 1. Lauat. in Iosh. c. 7. M•sius ibid. Riber. in Ion. c. 1. n. 41. Serar. in Iosh. t•m. 2. c. 7. q. 16. Et è Rabbin• R. Leui Ben-Gersh•m.
hVel de triburca ita s•bitò defixa ut see loco monere non posset, vel de obfuscato lapide, cui tribus illa inscriberetur, in amictu pontificali; in quo R. Salomonē resutant Lyra & Serar.Vel de triburca ita s•bitò defixa vt se loco monere non posset, vel de obfuscato lapide, cui tribus illa inscriberetur, in amictu pontificali; in quo R. Salomonē resutant Lyra & Serar.
§ 6. Now these were all extraordinary and divining Lots: in regard whereof those that define a divinatory Lot to be that only whereby men enquire into future events, (as the great kSchoolman doth, and lthe most treading his track,) come far short of the compass and extent of this Lot. For it comprehendeth sundry others also beside such, to wit, mall those that tend to the discovery of any hidden truth by any casual event, which no power of humane wit or skill can of it self directly reach unto, or is able simply by such means to discover.
§ 6. Now these were all extraordinary and diuining Lots: in regard whereof those that define a diuinatorie Lot to be that onely whereby men enquire into future euents, (as the great kScholeman doth, and lthe most treading his tracke,) come far short of the compasse and extent of this Lot. For it comprehendeth sundry others also beside such, to wit, mall those that tend to the discouery of any hidden truth by any casuall euent, which no power of humane wit or skill can of it selfe directly reach vnto, or is able simply by such meanes to discouer.
kThem. Aquin. sum. par. 22 2ae. qu. 95. art. 8 & de sort. cap. 2. Sors divinatoria quae quid futurum sit quaeritur.Th•m. Aquin. sum. par. 22 2ae. qu. 95. art. 8 & de sort. cap. 2. Sors diuinatoria quae quid futurum sit quaeritur.
lLyra in Num. c. 34. & in Prover. cap. 16. Astesan. sum. l. 1 c. 14. Ludde Pruss. trilog. animae par. 3. c. 21. E. King in Jon. lect. 9. Perkins of witchcraft, & alij.Lyra in Num. c. 34. & in Prouer. cap. 16. Astesan. sum. l. 1 c. 14. Ludde Pruss. trilog. animae par. 3. c. 21. E. King in Ion. lect. 9. Perkins of witchcraft, & alij.
mDivinatoriae sorts oracula excudunt, abdita & abstrusa errant, ignota eliciunt, incerta scufirmant, impendentia prospiciu•t, &c. Peu•er. de divinat. c. de sortib. Sortium genus illicitum, quando occulta ignotaque per sorts inuestigamus. Lavat. in Prou. c. 16.Diuinatoriae sortes oracula excudunt, abdita & abstrusa er•u•nt, ignota eliciunt, incerta scufirmant, impendentia prospiciu•t, &c. Peu•er. de diuinat. c. de sortib. Sortium genus illicitum, quando occulta ignotaque per sortes inuestigamus. Lauat. in Prou. c. 16.
Which course as it seemeth oalluded unto rather, as some of the soundest take it, then indeed pdirectly intended by Joseph and his Steward, when the one saith of the cup pretended to be stolen either by Benjamin ⟨p. 280⟩[…] ⟨p. 281⟩[…] ⟨p. 282⟩or his brethren, nIs not this the cup that my Lord drinketh in; and whereby he divineth, or conjectureth, what you are? and the other after to them, qKnew ye not that such an one as I am rcan certainly divine? or, take some course as certainly to discover your thievery, as if either I dealt with Diviners or were such an one my self? So it hath been an usual practise with sundry nations, to seek by such courses to try or discover persons suspected or guilty of some crime.
Which course as it seemeth oalluded vnto rather, as some of the soundest take it, then indeed pdirectly intended by Ioseph and his Steward, when the one saith of the cup pretended to be stolne either by Beniamin ⟨p. 280⟩〈…〉⟨p. 281⟩〈…〉⟨p. 282⟩or his brethren, nIs not this the cup that my Lord drinketh in; and whereby he diuineth, or coniectureth, what you are? and the other after to them, qKnew ye not that such an one as I am rcan certainely diuine? or, take some course as certainely to discouer your theenery, as if either I dealt with Diuiners or were such an one my selfe? So it hath beene an vsuall practise with sundry nations, to seeke by such courses to try or discouer persons suspected or guiltie of some crime.
oScyphus in quo tentando tentat sive experiendo experitur per eum. R. Abraham. Experimento certo didicerit per illum quales s•ti•. Jun. in Genes.Scyphus in quo tentando tentat siue experiendo experitur per eum. R. Abraham. Experimento certo didicerit per illum quales s•ti•. Iun. in Genes.
pScyphus quem furati est is ipse est, &c. in quo augurari solet. Vulg. jocosum mendaciū. Aug. in Gen. q. 145. Aequiucationis prudentis exemplum. Delrio mag. tom. 1. l. 1. c. 2. Quidā exponunt quod pro malo augurio habu•rit amiss•• scyphum in quo bibere solebat. R. David in radic. de quo augures interrogabit quis tum surripuerit. R. David ibid. & Vatabl. in not.Scyphus quem furati est is ipse est, &c. in quo augurari solet. Vulg. iocosum mendaciū. Aug. in Gen. q. 145. Aequiucationis prudentis exemplum. Delrio mag. tom. 1. l. 1. c. 2. Quidā exponunt quod pro malo augurio habu•rit amiss•• scyphum in quo bibere solebat. R. Dauid in radic. de quo augures interrogabit quis tum surripuerit. R. Dauid ibid. & Vatabl. in not.
rCerto posse experimento discere, i•rationes excogita re, quibus cer•ò cogn•scat, quod cognitu erat difficile. Jum. Sic Prou. 16.11. [Greek or Hebrew] Sagacitas (in rel us addivinandis) insid•t labijs regijs. Et [Greek or Hebrew] in bonā pro Sagace Isaiah 3.•. Idem. Quin & [Greek or Hebrew] ipsum pr obseruatione cauta callidave usurpatur.
For 1so were the ancient Frislanders accustomed to try such as were suspected of or charged with manslaughter having offered to purge themselves by oath: and 2the French of old time were wont to use the like trial with persons apprehended upon suspicion of theft, where some grounds were of presumption, but pregnant proofs failed.
For 1so were the auncient Frislanders accustomed to trie such as were suspected of or charged with manslaugter hauing offered to purge themselues by oath: and 2the French of old time were wont to vse the like triall with persons apprehended vpon suspition of theft, where some grounds were of presumption, but pregnant proofes failed.
1Fiant duo tali de virga praecisi, quorum unus cruce innotatur, alius purus dimittitur: & lana munda inuoluti super altare vel reliquias mittuntur; & presbyter si adfuerit, vel is si deest, puer quilibet unum de sortibus de altari tollat, Deo interim exorato, si i••i 7. qui de homicidio commisso v•rum jurassent, evidenti signo ostendat. Si cruce signatum sustulit, tunc unusquisque illorum 7. sortem suam faciat, & cuius sortem extremam presbyter puerue sustulerit, homicidij compositionem persoluat. Ex Frisonum leg. 14. Delrio mag. disq. tom. 2 l. 4 c. 4. q. 6.Fiant duo tali de virga praecisi, quorum vnus cruce innotatur, alius purꝰ dimittitur: & lana munda inuoluti super altare vel reliquias mittuntur; & presbyter si adfuerit, vel is si deest, puer quilibet vnum de sortibus de altari tollat, Deo interim exorato, si i••i 7. qui de homicidio commisso v•rum iurassent, euidenti signo ostendat. Si cruce signatum sustulit, tunc vnusquisque illorum 7. sortem suam faciat, & cuius sortem extremam presbyter puerue sustulerit, homicidij compositionem persoluat. Ex Frisonum leg. 14. Delrio mag. disq. tom. 2 l. 4 c. 4. q. 6.
2Si q•u de furti suspicione inculpatur, ad sortem veniat. Clotharij decret. art. 6. Si dubietas est de seruo furti inculpato, ad sortem ponatur. Pact. inter Childeb. & Cloth. art. 5.
Yea 3so Marcian a Nestorian Abbot would needs have Lots cast, 4after the example of the Apostles forsooth, between his heretical Monks and the orthodox Bishops, to be thereby informed whether of them held the truth: which being cast, saith the story, it went with the Bishops, whereupon he and his Monks, the most of them, came home unto them. 5And so lastly in our English Writers we read that one Peter of T•loose being accused of heresy, ⟨p. 283⟩and having denied it upon his oath, one of those that stood by for the trial of the truth of his oath 6opened suddenly at adventure the book that he had sworn upon, wherein the first words he lighted on were those of the Devil to our Saviour, 7What have we to do with thee, thou Son of God, Jesus? Which, saith the reporter of it, sorted well with such an Heretic, who indeed hath nothing to do with Christ. But of this manner of book Lottery we shall entreat further 8hereafter.
Yea 3so Marcian a Nestorian Abbot would needs haue Lots cast, 4after the example of the Apostles forsooth, betweene his hereticall Monkes and the orthodox Bishops, to be thereby informed whether of them held the truth: which being cast, saith the story, it went with the Bishops, whereupon he and his Monkes, the most of them, came home vnto them. 5And so lastly in our English Writers wee read that one Peter of T•loose being accused of heresie, ⟨p. 283⟩and hauing denied it vpon his oath, one of those that stood by for the triall of the truth of his oath 6opened sodainely at aduenture the booke that he had sworne vpon, wherein the first wordes he lighted on were those of the Deuill to our Sauiour, 7What haue we to doe with thee, thou Son of God, Iesus? Which, saith the reporter of it, sorted well with such an Heretike, who indeed hath nothing to doe with Christ. But of this manner of booke Lotery we shall entreat further 8hereafter.
3Cyril. monach. in vita Euthy••ij apud Surium Jan. 20. & Baronius annal. tom. 6. an. 477.Cyrill. monach. in vita Euthy••ij apud Surium Ian. 20. & Baronius annal. tom. 6. ann. 477.
4Apostolicum sequentes exemplum, sorts jaciamus. Marcianus Archimandrita ad monachos suos.Apostolicum sequentes exemplum, sortes iaciamus. Marcianus Archimandrita ad monachos suos.
5Henricus Claravall. in epist. apud R•g. Hoveden par. 2. anno 1 178.Henricus Clarauall. in epist. apud R•g. Houeden par. 2. anno 1 178.
For the thing it self, it is too too common among us even to this day, sby Lot to make enquiry after thieves, and for things stolen or lost, some using tan hollow key and a book, some *an axe and an helve, some ua five and a pair of sheers or other like toys, and some repeating 1part of a Psalm, others abusing the name of xsome Saints; of which practise well saith ythat reverend Prelate before oft alleged, that the Devil whom such Persons as use it, gratify by this their Sorcery, and who also produced zScripture and 2Saints names to as good purpose as they do, hath 3sifted them to the bran and scarce left a grain of good Christianity in them: and the laws both aCanon and bCivill condemn it.
For the thing it selfe, it is too too common among vs euen to this day, sby Lot to make enquiry after theeues, and for things stolne or lost, some vsing tan holow key and a booke, some *an axe and an helue, some ua fiue and a paire of sheeres or other like toies, and some repeating 1part of a Psalm, others abusing the name of xsome Saints; of which practise well saith ythat reuerend Prelate before oft alleadged, that the Deuill whom such Persons as vse it, gratifie by this their Sorcery, and who also produced zScripture and 2Saints names to as good purpose as they doe, hath 3sifted them to the bran and scarce left a graine of good Christianitie in them: and the lawes both aCanon and bCiuill condemne it.
sIn furta & res amissas sortibus inquirer. Aret. problem p. 1. loc. 67. caut. 3.In furta & res amissas sortibus inquirere. Aret. problem p. 1. loc. 67. caut. 3.
t[Greek or Hebrew], de qua Del•io mag. disq. tom. 2. l. 4. c. 2. q. 6. §. 4. •. 12.〈non-Latin alphabet〉, de qua Del•io mag. disq. tom. 2. l. 4. c. 2. q. 6. §. 4. •. 12.
*[Greek or Hebrew]. de qua Delrio ibid. n. 10 & Plin. hist. not. l. 36. c. 19.〈non-Latin alphabet〉. de qua Delrio ibid. n. 10 & Plin. hist. nat. l. 36. c. 19.
u[Greek or Hebrew]. de quae Delrio ibid. n 9. Georg. Pictor. epitom. Mag. & Erasm. adag. chill. 1. cent. 10. adag. 8.〈non-Latin alphabet〉. de quae Delrio ibid. n 9. Georg. Pictor. epitom. Mag. & Erasm. adag. chil. 1. cent. 10. adag. 8.
aSorts quibus •uncta vos vestris discriminatis provincijs, quas patres damnaurunt, nihil aliud quàm divinationes & maleficia esse decernimus: omninò itaque damnamus, & sub anathemate prohibemus. Leo 3. ad Episcopos Britanniae apud Grat. c. 6. q. 5. In tabulis, codicibus, alijsue sorte furata non sunt requirenda: nec divinationes ullis in rebus obseruanda. Theodor. penitential. in decretal. l. 5. tit. 21. c. 1. Suspension & poenitentia multatur ibid. c. 2. sacerds ab Alex. 3. qui astrolabium de furto consuluerat.
§ 7. Now further Lots Extraordinary have sometime been used as for the discovery of some hidden matter past or present, so for the presaging or foretelling of some future event, thereby to direct men what course to take in their affairs, or what success they might therein expect. So that cas the former extraordinary Lots were partly divisory and partly divinatory, so these latter are partly consultory and partly divinatory, being used partly for consultation and partly for divination, or for consultation by way of divination. For to divide ought by Lot barely is ordinary, and maketh a Lot merely divisory: but to divide or share out ought by Lot, expecting to have the division by Lot made exactly and precisely according to the right of the thing divided in regard of those among whom it is divided, or according to the truth of some thing that is thereby enquired into, is extraordinary and maketh it a divinatory Lot. Again to distribute offices by Lot barely, as to design thereby who shall have this place who that place, or who be admitted and who excluded, is ordinary and but divisory; but to expect that God should thereby reveal whom he deemeth fit or unfit, or whom he hath fore-assigned to any office, is extraordinary and divinatory. And so here to determine by Lot what course a man shall take of two equally and indifferently propounded, is ordinary, and maketh a Lot merely divisory; or if consultory, but improperly so termed: but to enquire or determine by it what course is best to take as likely to prove luckiest and most successful, is extraordinary, and maketh ⟨p. 285⟩a Lot divinatory and consultory properly so termed.
§ 7. Now further Lots Extraordinarie haue sometime beene vsed as for the discouery of some hidden matter past or present, so for the presaging or foretelling of some future euent, thereby to direct men what course to take in their affaires, or what successe they might therein expect. So that cas the former extraordinary Lots were partly diuisory and partly diuinatorie, so these latter are partly consultory and partly diuinatory, being vsed partly for consultation and partly for diuination, or for consultation by way of diuination. For to diuide ought by Lot barely is ordinarie, and maketh a Lot meerely diuisory: but to diuide or share out ought by Lot, expecting to haue the diuision by Lot made exactly and precisely according to the right of the thing diuided in regard of those among whom it is diuided, or according to the truth of some thing that is thereby enquired into, is extraordinary and maketh it a diuinatory Lot. Againe to distribute offices by Lot barely, as to designe thereby who shall haue this place who that place, or who be admitted and who excluded, is ordinary and but diuisory; but to expect that God should thereby reueale whom hee deemeth fit or vnfit, or whom he hath fore-assigned to any office, is extraordinarie and diuinatory. And so here to determine by Lot what course a man shal take of two equally and indifferently propounded, is ordinary, and maketh a Lot meerely diuisory; or if consultory, but improperly so tearmed: but to enquire or determine by it what course is best to take as likely to proue luckiest and most successefull, is extraordinarie, and maketh ⟨p. 285⟩a Lot diuinatorie and consultorie properly so tearmed.
cHinc Thom. de sort. c. 2. sorts super Jona, Jonathan, Achane, Matthia jactas divisorias facit: ab Hamane jactas consultorijs annumerat.Hinc Thom. de sort. c. 2. sortes super Iona, Ionathan, Achane, Matthia iactas diuisorias facit: ab Hamane iactas consultorijs annumerat.
Now to this purpose are Lots found used, either where the attempt it self is questioned, or where the attempt and business it self is resolved, but the circumstances of time place and person are yet undetermined.
Now to this purpose are Lots found vsed, either where the attempt it selfe is questioned, or where the attempt and busines it selfe is resolued, but the circumstances of time place and person are yet vndetermined.
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aTemere jactae, à Deo tamen sunt temperatae ad temeritatem illam puniendam. Malder. ibid.Temere iactae, à Deo tamen sunt temperatae ad temeritatem illam puniendam. Malder. ibid.
bJudic. 11.35.Iudic. 11.35.
cVise quae latiffimè chry sost. ad pep. Ant homil. 14.
rSi tempus est ullum hominis n•candi, quae multa sunt. Cic. pro Milon. Eunuchum dixti velle te, quia solae his utuntur reginae. Terent. Eunuch. Cuius maximè mos est consimilis vestrum, hi ad se vos applicant. Idem. Adeon'homines immut•ri ex am•re, ut non cognoseas eund•messe? idem.Si tempus est vllum hominis n•candi, quae multa sunt. Cic. pro Milon. Eunuchum dixti velle te, quia solae his vtuntur reginae. Terent. Eunuch. Cuiꝰ maximè mos est consimilis vestrum, hi ad se vos applicant. Idem. Adeon'homines immut•ri ex am•re, vt non cognoseas eund•messe? idem.
s[Greek or Hebrew] ha [Greek or Hebrew].〈non-Latin alphabet〉 ha 〈non-Latin alphabet〉.
t[Greek or Hebrew] sicut Act. 1.26. [Greek or Hebrew].〈non-Latin alphabet〉 sicut Act. 1.26. 〈non-Latin alphabet〉.
Jon. c. 1
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Sortitione eiusunodi vti licuit. Iun. in Ion. c. 1.
aUbi nec erat deprecatio, nec viri probi, tantum valuit tamen sort, to quòd recto animo ferret. Chrysost. in Act. homil. 3. Quo mode senex ille apud Aug. confess. l. 4. c. 3. vim sortis hoc facere in rerum natura usquequaque diffusam.Vbi nec erat deprecatio, nec viri probi, tantum valuit tamen sort, to quòd recto animo f•eret. Chrysost. in Act. homil. 3. Quo mode senex ille apud Aug. confess. l. 4. c. 3. vim sortis hoc facere in rerum natura vsquequaque diffusam.
bNon quòd illos D•us audiret, sed quòd sortes temperare sui muneris esse sciret. Per quas ideò quamuis nos falsi & mali simus, ipse tamon benè a• verè respondet. Martyr in 1. Sam. c. 14.
cConstat Jonam spiritu pr•pheuco ciar•m sor• huic interfu•sse, & in sortitionem c•nsensisse. Krak v•z in Jon. c. 1.Constat Ionam spiritu pr•pheuco ciar•m sor• huic interfu•sse, & in sortitionem c•nsensisse. Krak v•z in Ion. c. 1.
dFugitivus sorte deproh•nditur, non viribus sortium & maximè ethnico•ū, sed voluntate cius qui sortes regebat inc•rtas Hieron. in Jon. c. 1. Deus tamen qui elicit bona de m•lis, sic sorts temperavi• &c. Lyra ibid. Cum ipsis sortiri consuetum effet, Deus ipsis cō descendens, per indicium ipsis familiar tempestatis autoremprodidit. The ophyl. in Jon. c. 1. Superstitiosè nissas Deus sortes direait, quia Jon•m deprehendi voluit. Gualter. ibid.Fugitiuus sorte deproh•nditur, non viribus sortium & maximè ethnico•ū, sed voluntate cius qui sortes regebat inc•rtas Hieron. in Ion. c. 1. Deus tamen qui elicit bona de m•lis, sic sortes temperaui• &c. Lyra ibid. Cum ipsis sortiri consuetum effet, Deus ipsis cō descendens, per indicium ipsis familiare tempestatis autorēprodidit. The ophyl. in Ion. c. 1. Superstitiosè nissas Deus sortes direait, quia Ion•m deprehendi voluit. Gualter. ibid.
Certo posse experimento discere, i•rationes excogita re, quibus cer•ò cogn•scat, quod cognitu erat difficile. Ium. Sic Prou. 16.11. 〈non-Latin alphabet〉 Sagacitas (in rel us addiuinandis) insid•t labijs regijs. Et 〈non-Latin alphabet〉 in bonā pro Sagace Esai 3.•. Idem. Quin & 〈non-Latin alphabet〉 ipsum pr• obseruatione cauta callidaue vsurpatur. Gen. 30.27. & 1. R•g. 20.33.
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Sortes quibꝰ •uncta vos vestris discriminatis prouincijs, quas patres damnau•runt, nihil aliud quàm diuinationes & maleficia esse decernimus: omninò itaque damnamus, & sub anathemate prohibemus. Leo 3. ad Episcopos Britanniae apud Grat. c. •6. q. 5. In tabulis, codicibus, alijsue sorte furata non sunt requirenda: nec diuinationes vllis in rebus obseruanda. Theodor. poenitential. in decretal. l. 5. tit. 21. c. 1. Suspensione & poenitentia multatur ibid. c. 2. sacerd•s ab Alex. 3. qui astrolabium de furto consuluerat.
bAcerbioris iniminebit supplicij •ruciatus eis qui c•ntra veti•um, p•aesentium vel futurarum rerum expl•rare tentaverint veritatem. Cod. lib. 1. tit. 14. leg. 2. Si quis astrologus vel qui aliquam illicitam divinationem pollicetur, consulius aliquem furem dixisset, qui non erat; iniuriarum cum eo agi non potest; sed constitutiones cum tenent. Ulpian. ff. lib. 47. tit. 9. leg. 15. Vitore gladio puniendum ex C. Gloss. Quastio facti non committitur sorti. Gloss. ad ff. lib. 5. tit. 1. leg. 14.Acerbioris iniminebit supplicij •ruciatus eis qui c•ntra veti•um, p•aesentium vel futurarum rerum expl•rare tentauerint veritatem. Cod. lib. 1. tit. 14. leg. 2. Si quis astrologus vel qui aliquam illicitam diuinationem pollicetur, consulius aliquem furem dixisset, qui non erat; iniuriarum cum eo agi non potest; sed constitutiones cum tenent. Vlpian. ff. lib. 47. tit. 9. leg. 15. Vitore gladio puniendum ex C. Gloss. Quastio facti non committitur sorti. Gloss. ad ff. lib. 5. tit. 1. leg. 14.
