Nature and Use of Lots, Chapter 4

Nature and Use of Lots · Chapter 4

p. 35CHAP. IV. Of Ordinarie Lots serious.

§ 1. TO begin then with the former sort: Ordinarie Lots I call those whose full worke may be effected by the ordinary or naturall power of the creature vsing them and vsed in them: or wherein no extraordinary power or prouidence is required for the direction of the action to that end wherevnto it is applied.

Of this kind are all those Lots that are meerely Diuisorie, wherein the matter in question and controuersie is euer such as may well be decided by the casuall motion or euent of the creature, being committed therevnto by those in whose power it is to dispose of it, without any speciall prouidence or extraordinary meanes required for the directing of the action in this or that manner: which kind of Lots may be termed also Ciuill or profane Lots, taking the word profane, as it is opposed to Sacred, in the better sense. Where commeth to be controlled their definition of a Lot, who define a aaAret: probl: …las: 1. loc. 57. Sors est modus consulendi De…. rari…r quidem, licit… tamen, in eu enentis, vbi nec rati…, nec consilium l…manū commodè adhiberi potest. Et Zanch. …iscell: part: 2. tract: de fort: Actio hi… mana in h…c fin… ̄ instituta, vt ex eius euentu rem nobis incognita… diuinitus agnoscore possimus.Lot to be a kind of consulting with God of rare vse, yet lawfull to be vsed in such accidents, where neither reason p. 36nor humane aduice can conveniently be had. For there is nothing lesse than any consulting with God in such Lots as we now speake of, there being no cause, nor reason, nor ground, nor occasion so to do: seeing there is neither any question concerning Gods will, what he would hauehave done or not done, nor any thing to be done that in regard of the difficultie of doing it, requireth any speciall aide and assistance or diuine presence or prouidence, more than any other ordinarie act and affaire of this life. For there is nothing expected or required in these Ordinarie, Ciuill, Diuisorie Lots, but what is in the naturall power of the creature therein vsed, the will and consent of the creature making vse of it concurring, as easily to effect, as for a man that hath his lims to walk, or that hath his sight to see: that which may euidently appeare vponupon a diligent view of the seuerall examples hereafter ensuing.

§ 2. These Ordinarie Lots againe are of two sorts, either bbSors seria, lusoria. Serar: in Iosh: tom: 2.… 7. q. 17.Serious or Lusorious. Serious I call such as are vsed in serious businesse, be it great or small, weighty or light, so as not matter of meere sport or delight alone, which is the Lot that some of the former Authors terme the Diuisorie Lot, in regard of the frequent vse of it in diuision of lands, goods, chatels, bargaines, exercises, offices, imployments, and the like: And that of which Salomon speaketh where he saith, that ccProv. 18.18.Prov 18:18The Lot stinteth strifes, and maketh partition among the mighty.

Now of this kind of Lot there is great variety of Examples as well in Holy Writ as in prophane Writers. And we may obserue them to hauehave bene p. 37vsed either for distribution of matters of Office and Charge, or for diuision of possessions & lands, of goods and chatels, or the like.

Matters of Office or Seruice and Charge distributed by Lot hauehave bene either Sacred or Ciuill.

For the former: to passe by that bold fancie of ddOrigen: in Iosh: l. …m: 23. Angelis sertitò gentes, homines que diuisi.Origen, which he gathered from eeDeut. 32.8.Deut 32:8a place of Moses mistranslated by the ffforeign Se…t.Septuagints, and by himselfe misexpounded, that the Angels in heauen hauehave their charges by Lot assigned them, who shall ggDan: 10.13, 21.rule this or that Prouince, who hhMatth: 18.10. Act: 12.15.tend this or that person, who iiApoc: 1.20. Origen: in Luc: h…: 13.gouerne this or that Church, writhing and wresting diuers places of Scripture for the proofe of this his friuolous assertion: As also to put by that apparent error of kkAmbr: in Luc: c. 1. Summ… sacerdos adbuc sorte quaeritur.Ambrose; wherein many yet not llB…da in Act: c. 1. Alex: de Ales sum: part: 2. q. 185. m 4. Thom: de sort: c. 2. & Caietan: in Luc. cap. 1.Luke 1of former times only, but mmBulling: in Act: c. 1. Perkins aurea armil: c. 22. Schindl: len pentaglot:of later dayes also, and those of good note, follow him; who deceiued by nnLuk: 1.9.a place of the Gospell by him misvnderstood, saith that the High Preist in the Old Testament was elected by Lot: whereas it is apparent by euident proofe to the contrary, that the high preisthood among the Iewes went ooNum: 20.25, 26, 27, 28. & 25 12, 13. Levit: 16.32. Iudg: 20.28.legally and vsually **foreign Ioseph. in Appion. l. 2.by descent, though caried pp2 Macc: 4.8, 9, 10. foreign Eus…b: Chron: can: Ignobiles quid…m & alio temp…re alij ab Imperatoribus Rom. sacerdotium emebant. Hieron: à praesidilus nundinabantur. I…s: Scalig: meliùs. Interierat summi i…s sacerdo…ij, aut auatritia interceptum, aut potiorum insolentia, qui licere quod vellent ins putabant. Heg…sip: excid: Ierof. l. 2. c. 12. Vise Ioseph: antiq: l. 15. c. 3, 12. & …, 18. c. 3. & l. 20. c. 8. & capt: l 4. c. 11. & Euseb. demonstr: l. 8. c. 2.sometime indeed corruptly by force, fauour or purchase, but qqBaron: annal: tom: 1. ann: 34.neuer that we reade of, saue rrforeign Ioseph: capt: l. 4. c. 12.once onelyonly a litle before the last vtter ruine of that both Church and State, by Lot p. 38And lastly, not to insist on that groundles conceipt of the counterfait ssProchor: hist: Ioan: c. 1. qui liber forte an idem cum S…r…bꝰ Apostolorū à Gelasio r▪jectus d. …5. c. S• Romana.Prochorus, whom yet ttApostoli prouincias orbis ad Euangelium praedicandū sorte partiti sunt. Niceph: Call: l. 3 c. 1 foreign Euseb: hist: l 3. c. 1. Hin… & Ambr: de Tob: c. 20. S…rt…m miserunt super ves…em eius, i. super praedicationē Euangelij qua vestitur hodie Dominus. Et Bern: ad Eugen: l 2. Alij sing…li singul… sortiti sunt plebes &c.diuers concurre with, that the Apostles of Christ parted among themselues by Lot the whole world for to preach and plant the Gospell in: and againe, uuProchor: hist: Ioan: c. 1.the Seuenty two Disciples, which of them should accompanie and attend on each Apostle, as the **1 Chron: 25.8, 9. &c.Leuites d…d on the Preists: that xxProcho…: ibid.Iohns Lot light for Asia, and Prochorus his for Iohn.

To passe, I say, from these fond figments to the truth of storie. Sacred Offices, for the readier manner of performance and more orderly execution of them were in the Iewish Church diuided by Lot.

§ 3. The diuisions of Sacred Offices made among them by Lot were either Generall or Speciall.

In Generall, the whole body of the Tribe of Levi was by Lot sorted out into rancks.

For first, aa1 Chron. 24.5. ad 20.1 Chr 24:5the Preists were all diuided into twenty foure companies according to their families, which tooke their courses by turnes, eueryevery weeke after weeke in order; the order of their courses being determined by Lot, bbVt t…lleretur ma…eria querimoniarum. Bella…m: de …leric: l. 1. c. 5.to take away all murmuring, that none might complaine, as being lesse regarded and cast behind others.

And againe, cc1 Chron. 25.8, &c. ad finem.1 Chr 25:8the Leuites that were no Preists were likewise diuided into 24 companies, appointed to attend the former companies of Preists; who, which, and when, was decided likewise by Lot; all great and small submitting themselues alike to that sentence, that there might be no contention nor emulation amongst them.

p. 39In particular for the Preists that were of each companie, and were to serue at the same time, there were ddPopulares v…iu… ephemeriae partiebantur inter se ministeria. In libr… Liturgiarum, Dicit illis praefectus, I… gredimini; Et sor…iebantur quis i… molaret, quis sparger…t, quis cin…r… l…vares altare interi…, &c. Et ibid: Neoterici ad suffi… ingredimini & sortimini. Scalig: emend: temp: lib. 6. c. 1. Vise & Car: Sigon: de repub: Hebr: lib. 5. cap. 2. & Ia…nsen: harmon: Euang: c. 2.Lots cast by them likewise for the sharing of Offices among themselues (partly to auoid confusion and contention; for ee1 Cor: 14.33.God is a God of order and peace; and partly the better to settle the seruice; sithence ffforeign Aristot: polit: l. 2. c. 2. Qu…d ab omnibus curatur, à nemine curatur. where most Seruants least Seruice.no man commonly regardeth that that is eueryevery mans charge) who should tend the Altar of Incense, who the Table of holy bread, who the dressing of the Lamps, who the Altar of Burnt offrings, who should feede the Fire, who should carry out the Ashes &c. as by the bookes of the Iewish Liturgies is reported plainly to appeare. And thus is that place of the Euangelist Luke to be vnderstood, where it is said of Zachary, that being of the Course of Abia, and seruing in his Course, ggLuc: 1.9. foreign &c. vt supra, Ad suffi…um ingredimini & sorlimini.he went by Lot in to burne Incense: A place for want of this obseruation misvnderstood by many of the Auncients, who (to let passe here the repetition of hhde Pontific… sort… designato.Ambroses error, which it seemes he drew hence) iiChrysost: hom: de Natali Christi. Aug: in Iean: tr: 49. Ambr: Bed: E…thym in Luc: c. 1.supposing Zacharie to hauehave bene High Preist (which kkVise Ioseph: antiq: l. 20. c. 8. Scalig: amend: temp: l. 6. c. 1. Baron: annal: in appar: Eastie histor: of Gospell.it is apparent he was not; for the High Preist was of no particular course, nor liued from Hierusalem, but had his imployment constant, and his abode continuall about the Temple:) and to hauehave gone in then to burne incense for the llLevit: 16.12, 13, 14, 15, 29, & 23.27.solemne Fast of Atonement, mmHebr. 9.7.Heb 9:7at which time onelyonly the High Preist entred not with incense alone, but p. 40with bloud also, and that but once in the yeere, into the innermost Sanctuary, (whereas Zacharie by Lot was assigned to do what he did) nnVise Chrysost. de natal: Chr:did therevpon ground their groundles and vncertaine conceipt, (though in a matter of no great moment) which hath yet continued to these times, concerning the time of our Sauiour Christs conception and birth, ooVise pueriliter satis argumentantes ex Ioan: 3.30. Chrysost: de nat: Ioan: Ambros: serm: 12. Aug: in Ioan: tr. 14. & de diuers:hom: 40. & de sanct: 21. & in Psal: 132.referring therevpon the one to the Spring toward the end of our March, and the other to Midwinter about the latter end of December, **foreign. Epiphan: haer. 51. quod tamen negat Hierō. ad Ezech: c. 1.or the beginning of Ianuarie: whereas ppforeign. vel vt alij. foreign. Clemens Ale…: strom. 1. quos sequitur Lydiat: in emend: iēp:the most auncient referred his birth-time to our Spring their Haruest, about Aprill or May; and qqScalig: ex orbibꝰ Hieraticis de emēd: tempr: lib. 6. Broughton concent: of Script: & Bero…ld: Chron: l. 4. c. 2. ex hebdomada dimidia Dan: 9.27.other later ones of great note, vponupon grounds as vncertaine, would reduce it to September or 22Iacob: Cappell: in epoch: illustr: ad Octobr: 26. reijcit.October in Autumne.

But to returne to our Taske: As the Preists shared the seruices among themselues by Lot: so the Leuites likewise, as well those that were rr1 Chron: 25.8, &c ad finem.Singers, as those that were ss1 Chron: 26.13, &c. ad 20.Porters, decided by Lot, what order of course should be obserued in their musicall and ministeriall imployment by the one, and which gates of the Temple should be waited at and attended by the other. Among whom also those that were to wait in the same place, being many in number, ttforeign. Philo de honor. sacerd.are reported likewise to hauehave taken their turns by Lot, as well for the uuPsal: 134.1.nightly watch, as for the daily ward. The **1 Chron: 6.31. & 23.4, 5, 6. & 25.1, &c ad 7. 2 Chron. 8.14. & 29.5.2 Chr 8:142 Chr 29:5Offices themselues were, it seemeth, distributed, who should be Singers, who Porters, &c. by Dauid, Nathan, and Gad, with other principall p. 41persons assisting them, hauing warrant so to doe from God: xxforeign. De Mose Philo de constit. princ.only the order and course of their imploiment in those offices was diuided vntounto them, or decided and determined among themselues vponupon ioynt consent and generall agreement, by Lot.

And hence ariseth the phrase vsed by Simon Peter to Simon Magus, yyAct. 8.21. foreign.Acts 8:21Thou hast neither share, not Lot in this businesse, Which speech yet no more prooueth what that bastard Prochorus broached, that the Apostles shared among themselues by Lot: no more then Gods commanding Elias zz1 King. 19.16.1 Kgs 19:16to annoynt Elizeus Prophet in his owne place, (which was done, as the story sheweth, not by powring oyle on his head, but aa1. King. 19.19. Vide Piscat notas ad cum lo…um.1 Kgs 19:19by casting a mantle on his backe) prooueth that Prophets were either ordinarily, or at all annoynted in the time of the Old Testament; (an opinion without sufficient ground generally receiued;) or that annoynting of Kings was euer vsuall in Persia, because bbEsai 45.1.Isa 45:1Cyrus is termed the Lords annoynted; or that materiall oyle was powred vponupon our Sauiour to that purpose, because he is called ccPsal. 2.1. Ioan. 1.41. & 20.31.Ps 21 John 1:411 John 1:201 John 1:31Christ and Messias, and is sayd to hauehave ddEsai 61.1. Psal. 45.7. Act. 4.27. & 10.38.Isa 61:1Ps 45:7Acts 4:27Acts 10:38beene anoynted by God. But, as to annoynt is there put for solemnly to set apart and appoynt, where yet there is no materiall annoynting at all, because into eeExod. 40.13.15. Leu. 8.12 30. 1. Sam. 10.1. & 16.13.Exod 40:13Exod 40:15Lev 8:121 Sam 10:11 Sam 16:13some sacred Offices men were sometime by that Ceremony enstalled: so is a Lot heere vsed for right or interest to deale in that holy businesse, which yet was not, saue in ffAct. 1.26.Acts 1:26Matthias his case, disposed of by Lot, because sacred Offices or imployments had sometime been thereby distributed.

Thus ggPersecutionis tē pore; qui mamant, ne fuga fiat omniti; qui fugiant, no morte eorum deseratur Ecclesia; sorte legendi sunt. Aug. Epist. 180.Augustine would hauehave it determined by p. 42Lot among the Pastors of Gods people, where diuers are in one City, in time of publike persecution: who of them should stay by it, and who should retire and reserue themselues for better times; that so neither those that stayed might bee taxed of presumption, nor those that retired themselues be condemned of cowardize. As also hhBaro in Ion. c. 1.Jonah 1it is reported by some to be the practise to this day in the Church of Geneua, that by Lots cast among their Ministers, some of them are assigned to vi…it the infected at the Pesthouse in times of generall infection by epidemicall diseases.

§ 4. Now as in assignement of sacred Offices, so in distribution of ciuill Seruices & matter of charge, hauehave Lots among Gods people beene ordinarily vsed. Two Examples especially are found of it in Scripture.

The former in a Military matter: where in the Leuites iiIudg. 20 9.10.Judg 20:9Judg 20:10quarrell, that had his Concubine rauished, so that she died vponupon it at Gibea in Beniamin: the other Tribes of Israel resolue to goe vp against the Beniamites their brethren by Lot: which yet is not so to be conceiued, as if by Lot it should bee determined which Tribe of the eleuen should first goe vp against them: (for they are sayd to hauehave kkIudg. 20.18.Judg 20:18asked of the Lord at Shilo, and of the Priest that stood before him there, which Tribe should giuegive the …us…t.) but their meaning is, as llPet. Martyr: & Fr. Iunius.two worthy Interpreters rightly obserue, by Lot to designe who of each Tribe should be warriors, and who should bee purueyors, who should goe forth to fight, and who should be imployed to bring in prouisions … those p. 43that abode abroad in the field. mmIudg. 17.6 & 18.1 & 19.1. & 21.25.Judg 17:6Judg 18:1Judg 19:1Judg 21:25The State there was then popular, as nnMartyr in Igud. c. 20.one of them well noteth: and therefore it seemed best to decide that by Lot, which without much tumult in an Anarchy could not easily hauehave beene determined otherwise.

The latter Example is in a City businesse; where the same people returned from the Babylonian deportation, ooNehem. 10 34.Neh 10:34cast among themselues Lots by Ezra's direction, thereby to designe, who should vndergo the burden for the bearing of the charge & expence, or imploying their paines in fetching and bringing in of wood, to bee spent daily in Gods seruice on the Altar of burnt offrings; the times being then dangerous, and the worke of some difficulty in regard of their enemies that lay in wait for them on eueryevery side.

§ 5. Neither was this vse of Lots lesse frequent among other nations then among Gods owne people; ppforeign Aristot. polit l. 6. c. 2. foreign Ibid. foreign Ibid. l. 4. c 16. foreign de Democratia Otanes apud Herodot. l. 3. foreign Plut: ad Apo…lonmost common in Democraties or popular Estates, because they seemed iustly to carry the greatest equality and indifferency with them, as qqforeign. Pl…t. sympos. l. 2. c. 10they doe questionlesse (though such rrforeign Is…rat. Areopag. foreign Plut. de Socrat. damon.indifferency indeed be not alwayes allowable, nor such equality, stand euer with equity) but ssforeign Dion Chrys…st. orat. 64. foreign, &c. Aristot. polit. l. 4. c. 16.no strangers in any p. 44kinde of state or forme of gouernment whatsoeuer: yea much vsed in the most flourishing and best ordred Estates, nor reiected, but admitted and approued by such state-masters or state-wrights (if I may so terme them) that so plotted and moulded states, as if they wrought them out of wax, as they deemed would bee for the best, and like longest to continue.

Thus aaPlato de leg. l. 6.Plato in his imaginary modell of such an Estate as he supposed would bee most exact and absolute in all poynts, would hauehave the most part of his Magistrates (some few excepted, as the bbforeign.Cheefe Iustice, and ccforeign &c.the Generall for warre with other military places) ddforeignto be designed yeerely by lot, for the preuenting of, and meeting with the peeuishnes and waywardnesse of the multitude. To which purpose he willeth that eeforeign360 be chosen yeerely by most voyces of the whole Communalty out of the foure rankes of his Citizens, (4 pound, 3 pound, 2 pound, and one pound men, as they reckoned, or ffVise Breerwood de pond. & pret: num.much about 12, 9, 6, and 3 pound men, according to our account) 90 out of each ranke, for Senatours and Aldermen; and the one halfe of them by Lot assigned to gouerne the City for that yeere: as also 60 ggforeign.Sheriues, fiue out of eueryevery twelfth part of the City, to gouerne the Territory thereunto appertaining, diuided likewise into 12 parts; it being hhforeign.by Lot determined yeerly, which part of the City should send Rulers into this or that part of the Country. Besides these, hee requireth iiforeign.of six elected by most voyces out of the first Ranke, three by Lot to be set apart for kkforeign.Surueighors of houses, edifices, p. 45high-wayes and water-courses in and about the City: and often so elected out of the first and second Rankes, fiue to bee llforeign.Clarks of the market: Againe, one of 12 chosen out of the whole company of Competitors for mmforeign.Master of the Reuels; and three of 12 that hauehave most voyces, for nnforeign.Triers and Disposers of prizes in solemne games, ooforeignCourts to be setled in each ward of the City; and for priuate causes Iudges, as occasion should be, appoynted by Lot for the preuention of corruption; as for publike by speciall choyce. ppforeign.The election of Priests and such as hauehave charge of holy things to be left to God himselfe, for him by Lot to dispose, as he pleased.

§ 6. But to leaue his frame to those that list to make triall of it; in this particular many famous Estates hauehave much concurred with him. For first among the Greekes, and more specially at Athens; to let Sparta passe, where I finde little done in this kinde by Lot, saue that qqforeign Plutar: in Lycurg.the Competitors for any Office were in order by Lot admitted sometime to passe the Suffrages of the Assembly, in whose power it was to chuse or refuse: At Athens, I say, were many of their offices and imployments, as well Ciuill as Sacred disposed of rrHinc foreign Aristoph: Eccles. foreign Schol. Et foreign Aeschin: in C…esiph.by lot.

ssforeign Aeschin. ibid. foreign Liban. argum. Demos…h in Androt.The Offices there were either wholly electiue, as the Areopagites, or Iudges that sat at ttforeign Act. 17.22. Mar…ius collis; vt Bezarectè: malè enim Erasm. & Gualt. in Poll. vicus: & Genen. nostrates, Mars his street.Acts 17:22Mars his hill vponupon ma…ters of greatest consequence, as wilfull p. 46murther and the like, uuAdijciebantur quotanuis, vtalij, Archontes 9. vt alij, Thesmotheta 6, si inculpatè se gessissent. Argum. A…irot. foreign de 9. i…is Plut. Peride, qui & Perielem notatum ait, quod in Concilium Areopagiticum se ingereret, null…m …x…ijs magistratum ansè sor…itus.chosen out of those that had vnblameably before born office elswhere, who continued in that authority so long as they liued: or in part casuall, yeerely designed by Lot, as their sacred Senators or Legates that they sent yeere by yeere to the common Councell at Delphos; and their ordinary Senators, or their Councell of fiue hundred, taken out of their Commoners for the gouernment and iudicature of other ordinary affaires. These were chosen, xxforeign. Harpocr. Lex. Hinc Demos…h. in Aristog. foreign & Aristoph. nubib. foreignas it seemeth, yyVise Sigon. de repu…. Athen. l. 2 c. 3by putting together the names of all those of each ward that were capable of that dignity noted vponupon zzforeign Harp. Lex …het. ex D…moslh. de…nom. foreign Hesych qui & eò allusisse ait S…phoclem in Meleagro, ac si apud Ae…l setiam vsus…tatumid fuiss…t. Quod Erasm…m decepit Aetolis istud tribuentem. adag 37. rent. 6. chil. 4.little tables or tokens of Brasse into one vessell, and as many Beanes blacke and white, all but 50 blacke, into another, and so each mans token being drawne out of the one, and a beane withall out of the other, either he past to further triall, and held if he were approoued, or he was for that yeere reiected, as his beane prooued white or blacke. And thus aaforeign Argum. Androt. foreign Harpocr.fifty a peece being extracted out of each of the ten Wards (for Tribes they cannot well be termed, bbforeign ex. Aristot. Harp.a Tribe being, as the word importeth, but a third part of one of them) the whole number was made vp of the Councell of 500.

Now out of those, that were thus dignified by benefit of the beane, were ccforeign Arg. Andr. foreign, Ibid. Et Poli. l. 8. c. 2. foreign Plut. Peric.nine againe by the like course aduanced to further place of authority termed Rulers or Regents; of which number were p. 47there 6 Masters of the ordinances, ddforeign Demos…h.the King or Master of their Ceremonies, the Maior for the yeere, eeforeign Heradot. l. 6.and the Martiall. After the 500 thus designed, and the nine Regents called out of them, ffforeign Aristot & Aesrbine Harpocr. & Li…. argum. Andr…t. paulò aliter Polluxonem l. 8. c. 9. § 32. Hinc Thucud. l. 8. foreign.Lots were againe cast, or drawen rather for each of the ten Wards, which should rule first (for the principality of each of them was to last little more then a monethmonth, to wit, the tenth part of their yeere) which next, and so on to the yeeres end. This decided by Lot, all the Princes (for so now they were stiled all of that Ward that had the white beane) of the principalitie that then tooke place, drew by Lot againe ggforeign Lib…. …g. Aud… & V…i in Median à q…bus …ten Presidents that might rule for the seuen first dayes, and then ten more for the seuen next, and so on till the 35. dayes were expired, the full time of their whole principalitie. Out of which tenne againe there was by Lot likewise drawne out hh…a Commander or a Prouest, whose gouernment in that kinde lasted but one day of the sauen, neither might any one of the ten hauehave it more then once or aboue one day at once, because the keyes of the Castle at Athens were in his keeping: and so seuen of them hauing it in course as the white beane fauoured them, three of them of necessitie were debarned of it.

iiEx Schol. Aristoph. in Plut.When causes were to be heard and tried, the Masters of the Ordinances accompanied with a Register, called those that had power of iudicature together into one place; and, whereas there were ten p. 48Courts, that held plea of seuerall kinde of suits, marked with seuerall letters, set in kkIta Schol. ex Aristot. vbi tam…n alia Scholia colorem omnibus eundem foreign appingu…t.seuerall colours (as it seemeth) ouer the seuerall Court gates; kkHinc Dem…st. in Aristog. 1. foreign Et huc allusit Aristoph. in Eccles. vbi ait; foreign &c. Quae …um apud Suidam parum consideratè legisset, ad sortes conuiuales retulit Lelius Bisc. hor. subsec. l. 9. c. 13. Sic. Lucian. dicaster. foreign Et Aristoph. Pluto de sene capulari; foreign. Vise sit Sig…n. de repub. Ath… 2. c. 3. & Rhodig. antiq. lect. l 12 c. 18.by Lot they assigned mmforeign Lucian dicaster.a competent number of persons according to the qualitie of the suits to be heard, for each Court, as they drew beanes or acornes, (for nnVise Aristot. infra apud Aristoph. Schol.those also are reported to hauehave beene vsed in this businesse) with the letters vponupon them that belonged to those Courts: each of which persons so allotted ooAristo…. ibid.hauing receiued first a Rod from the Crier with the name of the Court written on it, or of the same colour that the letter was ouer the Court gate, hee went with that and his beane or acorne vntounto ppforeign. Arist. in Athen. polit. apud Schol. Aristoph. Pluto.that Court that had the letter on the one of the same colour with the other, and was there admitted for a Iudge.

Besides these ordinary Iudges were there certaine qqforeign Harp…c…. foreign Demost. in Aphob.Arbitrators also or Vmpires (other from such as were chosen by mutuall consent of both sides) by Lot assigned for the hearing and ending of lighter matters, rrforeign Pollux l. 8. c. 10.diuided likewise among them by Lot; which they did, assisted by certaine ssforeign Pollux. l. 8. c. 8. §. 6.Clerkes of the pleas designed also by Lot: ttHarpocr. & Poll. l. 8. c. 10.from whose sentence such as liked it not, might appeale to the Iudges.

Now in this designation as well of their Senators, as of their nine Regents, it was constantly obserued p. 49that uuforeign Ex Platon. Hyperbolo Harp. Lex.some were euer by a second Lotterie added after a iust number drawne, that if any of them drawne formerly, either were reiected vponupon triall, or deceased within the time of his Regiment, the other might immediately supplie his place. And xxHinc Aescbines decorona Demosth. obijcit, quod foreign Senatū ingressu sit.there was a great penaltie for any one that should intrude himselfe into Court or Councell, not being by Lot assigned so to doe.

I find further among the Offices carried at Athens by Lot; yyforeign Pollux l. 8. c. 8. § 10. foreign Harpocr.Ten Treasurers taken out of those of the best ranke: zzforeign l. Etym. & Harpocr.Ten Controllers or Auditors, to whom most of the other Officers within certaine dayes after their time expired were to giuegive account of their gouernment, free libertie granted any man that would stand forth to accuse them of, or charge them with ought, carried otherwise by them then ought to hauehave beene, while they were in Office: aaforeign Ex Aristot. Harp. foreign &c. foreign Demost. in Timocr. Virosq hos 15. fuisse cōtendit Meurs. lect. Attic. l. 1. c. 19.Ten Surueighors or Scauengers: bbforeign Etymol. foreign ex Aristot. Harp.Ten Wardens of the Ports: ccforeign ex Arist. Harp.Ten Clarkes of the Market: as also the Office of ddforeign Etymol. foreign dictos. ex Phalareo Poll. l. 8. c. 8. §. 20.the Eleuen; eeforeign Poll. ibid.whereof Ten were as Sheriues or Bailiues, and had charge of the common Gaole, and of Executions and Arrests, each within his owne Ward; the Eleuenth was a Scribe or Register adioyned vntounto them, for the making of Writs and entring of Actions: as ffforeign &c. Pollux l. 8. c. 8 §. 11.the Officers also of each Principality before mentioned had one the like chosen likewise by Lot to attend them for the keeping p. 50of their Writs and Decrees, and for the entring of their Orders.

Now these Officers thus elected by Lot, had some of them as well Sacred as Ciuill imployment. For not onelyonly ggforeign. Plato apud Bud. in comment. foreign. Pollux l 8. c. 8. §. 3. Eodem ferè loco erat quo Rex Sacrificulꝰ Romanis. Postell. de Ma…. Ath. c. 21.the King or the Master of the Mysteries and holy Rites, dealt most in such matters; but hhforeign Pol. ibid. §. 2.the Mayor for the yeere, and iiforeign Ibid. §. 4.the Martiall too, had their seuerall imployments in that kinde for seuerall their superstitious seruices. And besides them had they by Lot designed kkforeign &c. Etymolog.Sacrists, tenne in number, for the procuring of prodigies, and the performance of certaine Superstitions vsed eueryevery fift yeere; as also Priests for their seuerall Gods, as llforeign apud Lysiā in Euandr.Ioue, mmforeign Demost. in Eub…l.Vulcan, &c. wherein nnforeign Dionys. Halic. antiq. l. 2.many others also concurred with them both in **In Telluris aede Sacerdos creatur foreign Pansā, Achaic, Achaea Iunoni apud Aegiū oppidū virgo sortitur. Tertul. ad vxor. l. x. Delphi… foreign designabantur, vt Eurip. Ione. foreign. Vise Bulong. in Casaub. diatr. 3.other parts of Greece, and ooLa…coo… ductus Neptuno sorte sacerdos. Virg. Ac…. 2. vt solet fieri, v…i deest certu… sacerdos: erat enim L. Thymbraei Apollinis sac. Seru.else-where; as ppSyracusis in an…os singul… Ionis sacerdotem sortitò capile… iubet. Cic. Verrim 4.at Syracuse in Sicilie, where, of three chosen by voices out of three Families, was one Priest for Ioue yeerely designed by Lot.

§. 7. To passe ouer from Greece to Italie, from Athens the qqOcellus Gracia. Casa…b, ad Theophr. foreign Pindaro. Vise Athenaeum l. 5. & 6. dipnosop. & Cic. pro …lace. Sic foreign Da…aseum. Iulian…: & foreign. Philo de … fabr. dixit. Hadr. Iunius adag. 64. cent. 3.Eye of the one, to Rome the rrCaput 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.Head of the other, yea ssCaput terrarum, Plin. ibid. …perij, Lin. ibid. Orbis, Ouid. amor. l. 1. foreign, Athen, dipnof. l. 1. Mund… alt…r, Sern. ad Virg.of a great part sometime of the p. 51whole knowne world: At Rome, albeit it be reported of Romulus, that ttforeign Dionys. Hal. l. 2.he would by no meanes hauehave Priests appointed by Lot, but by Election: yet uuPapia 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.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 xxPostel. de mag. Athen. c. 21. & Delrio disq. mag. tom. 2. l. 4. c. 4. q. 1said to hauehave imitated the Athenians, but in truth tooke not their course) not so much the Offices themselues ordinarily, yyVise Dionys. Hal. antiq. l. 4. & alio….which went most by election and voices, as the imployments in the Offices were diuided by Lot.

For first after the making away of Romulus, zzforeign &c. Dionys. Hal. l. 2the 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.

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 aaVal. Horatius que Coss. sortiti vter Ionis adem in Capitolio dic…ret … Horatio sorte euenit. Liu. hist. l. 2.the Dedication of a Temple, hhDe Dictatore nominando si inter Coss. non conuc… ret, sortiri solitu… qui'▪ diceret. Alex. ab Alexand. gen. dier. l. 4. c. 24.the Nomination of a Dictator or Soueraigne Generall, **Vt Comitijs praeesset, D…illi… sorte euenit. Liu, l. 3. Decretum vt Coss. sortirentur, vter c…nsoribus crea…dis Comitia haberet. Ib. 24.the keeping of Courts for Creation of some new Officers, or the like,) vsed by Lot to decide whether p. 52should hauehave the honour of it. But most ordinarie and vsuall was this their manner of decision, when either ccCoss. prouincia… sortiti; Fabio vt Antio legiones duceret, Corn, vt Romae praesidium esset. Liu l. 3.one being to stay at home, and the other to go abroad, or ddHinc 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.both 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 hauehave this or that charge: As also when they were both together in the same seruice with equall authoritie, eeConsul cui sors eius diei imperij erat, Liu l. 22. Ductu Sergij cuius di…s imperij erat. Ibid. l. 4.they did sometime in the execution thereof by Lot daily take their turnes: and ffPrior Cl. quum Sempronius cui sors comitia habēdi obtigerat, Romā venit. Liu. l. 39.and 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, ggCum 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.one at first onelyonly ordained for Ciuill Iurisdiction at home, because the Consuls were by occasion of warre oft called abroad; then hhTurba peregrinorum, in vrbem veniente, creatus est …lius qui peregrinus appellaretur. Pompon. ibid.two, as suites grew by accesse of foreiners to the City; and iiTot 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.after a greater number as the Prouinces encreased; kkHinc toties apud Liu. ab anno 538. Praetores prouincias sortiti: Vrbana sors A. peregrina B. Sardinia C. Sicilia D. Gallia …. &c. obuenit.first 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 llCatera… Prouincias Proconsulibus sortitò permisit. Sueton. Aug. c. 47. Vise Dion. Cass l. 53.Vice-consuls and mmQuos 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.vice-pretors with them (such as by speciall commission continued in authoritie after their yeere expired, p. 53or by speciall fauour vnderunder the Emperors had such authoritie conferred vponupon them) cast Lots together in common, as well for the two seuerall Iurisdictions at home, as for the sundrie Prouinces abroad.

To these in future times, as the State spred, were Questors or Treasurers adjoyned, nnQuestorem habes non tuo iudicio delectum, sed …um quem sors dedit. Cic. ad Q. fr. ep. 1. Quaestor factus continuò sine SC^o, 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.Phil 2who had likewise their charge assigned them by Lot. And **foreign Dio. Cass. l. 54.of such as had beene Treasurers, were Tribunes by Lot sometime designed, when none offered themselues to stand for the office.

The ooNunquam maiores nostri sortitionem Aedilitiam constitnissent, nisi viderent accidere poss…, vt competitores pares suffragijs essent. Cic. pro Plan….Aediles 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 ppEcce 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.Phil 2by Lot decided which Companies or Hundreds should be first demaunded their Suffrages, and so qqTanta 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.giuegive a leading voice, as it were, to the rest.

For warlike imployment, both rrLiu. l. 21. anno 537. & l. 23. anno 539. E… Appian. bel. ciu. l. 2. foreign.Consuls and ssLiu. l. 30. anno 551.Praetors had their Legions and Armies now and p. 54then by this course also allotted them: and ttDecē tribus sorte ductae ex quibus delectus haberetur. Liu. l. 4. an. 337.such 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, **Coniectis in sortē omnibus tribubus Polliae, quae proxi…a …aierat, prim…m nomen vrna extractum citari iussit. Val. Max. l. 6. c. 3.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 vponupon all the Tribes, and of that Tribe that came next to hand hauing cited him that was first drawne, because he appeared not, both 11Bona hastae subiecit Val.confiscated his goods, and 22Tenebrionē vendidit. Varro apud Non. & ipsum & bena vendidit. Val.sold him for a slaue.

For Ciuill Iurisdiction, at first more sparingly, but in latter times ordinarily, were uuCum 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.the seuerall pleas parted among them by Lot, some to hauehave and trie Causes of Treason, some of Murther, some of Extortion, and the like. And xxQuum 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 Concilium que vocat; vitas que & crimin…discit Vise & Cod. Theod. l. 2. tit. 1. sect. 11.12.these, 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 yyEx lege Rupilia dicas sortiri. Cic. Ver. 4.the Sorting of Suites, not, as some hauehave thought, zzNon 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.the ordering of Causes, but 11Iudices 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.Rom 7the assigning p. 55of Iudges by Lot (to preuent corruption and packing) for the hearing of each Cause. In which case 22Accusatorireo que permissum, vt ex illo numero reijcerent, quos inimic…s sibi aut incommodos putarent. Ascō. in Verr.it was lawfull as well for Defendant as Plantiffe, vponupon iust ground to challenge any of the Iudges alotted him; and 33In reiectorum locum praetor alios subsortiebatur: vndè Subsortitio dictae Ascon. ib. Cum his iudicibus, quos in horum loc… ex lege subsortitu… es. Cic. pro Cluent.some other then was by Lot likewise to be drawne in his roome. As also sometime 44Visatur Plin. Sec. epist. 3. lib. 9.by Lot there was Counsell assigned the parties contending at the appointment of the Court.

Beside these by Lot Augustus is reported aaInstituit sibi consilia sortiri s…mestria, cum quibus de negotijs ad frequentem Senatum referendi… ante tractaret. Suet. Aug. c. 35.to hauehave 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 bbforeign Dion. Cass. lib. 53.to dispatch businesses by without the Court, yet so as by them the whole Court might seeme to hauehave some hand in them: by Lot likewise ccSeptembri Octobriue mense ne adesse vllos necesse esset, quàm sorte ductos. Suet. Aug. cap. 35.he 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 ddVibis regiones annui Magistratus sortito in…entur. Ibib. c. 30. Et Dion. Cass. l. 55.hauing parted the Citie into certaine Regions or Wards, he appointed the yeerely Officers to share those Wards, and to vndertake the charge of them; eeCasaub. ibid. quē vise.which continued so for a long time after: by Lot ffAmbitu suspecto, sorte ducebantur ex numero praetorum qui praessent. Tacit. annal. lib. 13.he enjoyned two of those that had formerly beene Pretors to be chosen yeerely for the custody of the common Treasurie; ggNe que id diu m…n…it, quia sor… decr…abat ad p…rum ido…os. Ibid.which through the euill successe of it lasted not long: by Lot hhDion. Cass. hist. l. 54.he assaied to reforme the whole body of the Senate, chusing first himselfe a certaine number, and after an oath administred to them, giuing p. 56them 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 foreign &c. foreign. Ibid.tooke no great good effect, in regard whereof he soone gaue it ouer againe.

In Tiberius his reigne were kkSorte ducti qui legis nexus exoluerent. Tacit. Annal. l. 3.by Lot certaine assigned to cleare the Lawes in some cases then questionable. And in Vespasians time either llSorte ducti per quos redderentur bello rapta, &c. de Muciano Tac. hist. l. 4.Mucianus, or mmDe Vespasiano idem Suet. Vesp. c. 10. Vise Rauard. pro Tribunat. c. 17.Vespasian himselfe, or nnDe vtro que Marcil. ad Suet.both 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.

Lastly wee finde ooSortem legationibus maiores posuerunt. Marce…lus apud Tacitum hist. l. 4.Legates or Leiftenants (for ppSenatus decreuit vt legati cum autoritate mitterentur. Cum mea sore ex isset, &c. Cic. ad Attic. Epist. 17. foreign. Diō. Cass. l. 59some of them had speciall power withall) though but qqPlura 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.rarely, designed by Lot: In which case when rrPriscus eligi, Marcellus vrnam postulabat. Tacit. hist. l. 4.the vse of Lotery was in that kinde sometime questioned, though by some it were opposed, yet ssVicit pars, quae sortiri malebat. Ibid.the greater part went with it, and would needes hauehave it still retained, as a soueraigne ttSo… cerneret, ne quid gratia momenti faceret. Liu. hist l. 43.preseruatiue against ambition and corruption, and a singular remedy for the preuenting both of uuNe ambiti…i aut inimicitijs locus foret. Tacit. hist. l. 4.enmity and xxQuidam, ne alijs electis posthabiti crederentur; splendid issimu… quisque, met… inuidiae, si ipsi eligerentur, Ibid.enuy: In p. 57which regard they esteemed it as a kinde of diuine yyAccusaui 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.Ordinance, where it was carried without fraud and couine, as it ought.

§ 8. Neither is this practise of Ciuill Lotery in matter of Office and Imployment vnusuall zzMultis in loci… Officiarios sic perballotas siue breuia eligunt. Pano…m. ad 5. de Sortileg.in 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 aaVenetorum r…mpub esse vindicias caelestis reipublica. Platonis Dartes in Bar. annal.a modell of Platoes old platforme, is very frequent in this kind. For bb…ontaren. de Venet. repub l. 1. & Postel de Magistr. Athen. c. 2.whereas 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 ccDecembris 4. Contar. 14. Postel.the fourth of December: at which time those that seeke it, hauing formerly made proofe of their Gentry, hauehave 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 onelyonly. 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 onelyonly, 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 **Supra §. 7. ex Dion. l. 54.Augustus sometime vsed, as not long before p. 58we shewed. For first in the designation of their Duke their principall Magistrate there is Lotery vponupon Lotery, lotting and voicing in a prolix and intricate manner enterchangeably mixed the one with the other. ddContaren. de repub. Venet. l. 2.When 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 vnderunder 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. onelyonly 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. onelyonly gilt ones. The nine so drawne withdraw themselues into a conclaue, where among themselues they name 40. such as hauehave 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. 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 hauehave 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 hauehave p. 5925. 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 hauehave voices enough, they beginne againe, and continue till some one be nominated that hath.

**Contar. de Venet. repub. l. 1. Et Postel. de Magistr. Athen. c. 8.Againe in their yeerely assemblies for the choice of other Officers, all their Gentry that hauehave 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 hauehave thus drawne and lighted on gilden balls twice, hauehave 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 vponupon 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 hauehave 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 onelyonly first excluded.

p. 60Somewhat after the same manner are they reported to chuse, not their Electors, but their Offices in the Tuscan Estate. For eeEstates & Empires transl…ted out of French by Grimston.diuiding 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.

§ 9. Generally in all places among all sorts of people imploiments of all sorts hauehave 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 ffMilites 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; excercent que 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….watch and ward, so ggforeign stationes in acie foreign. 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 foreign Duces 7. foreign. Aeschyl. Theb quod & Eurip Phaenis. Et contra obsessi quoque septem excursib…s haerent. Ogygijs it sorte Creon. &c. Stat. Theb. l 8.for 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 hhOmnium 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.though 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.

p. 61In single Combats iiS…c Aiax cum Hectore committitur. Homer. Il. foreign. - Hinc Soph…el. Aiace.- foreign. Et Ouid. Met. l. 13. Hunc …go poscentē cum quo concurreret vnus Sustinui: sortemque meam vouistis A…hiui, &c.a Champion was sometime singled out by Lot: and kkforeign Hector Vlyssesque foreign, vter Paris an Menelaus in congressu prior foreign. Hom. Il. ….by Lot it was determined (if a Poets word may go for good) whether of the twaine should giuegive 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 llHuc delecta virûm sortiti corpora furtìm Includu….-Virg. Aen. 2.by Lot it is said to hauehave beene decided who should be enclosed in the wodden Horses wombe at the taking of Troy. ThusmmPlutarch in Timoleon. 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 nnPlut. in Pericle.Pericles, 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 ooforeign.that 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 hauehave ppforeign.a 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; qqforeign. Ioseph. …ptiū. l. 3. c 26.they decided sometime by Lot who should slay either other; p. 62and rrforeign. Ibid.by 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 ssforeign. Ios. cap. l. 7 c. 35.the Iewes beseiged in Masada at Eleazars instigation, chose by Lot ten among them to be as common Butchers to the rest, vntounto whom each of them presented his wiues and children and himselfe to be slaine; which being done, ttforeign. Ibid.one of those ten againe singled by Lot dispatcht the other nine, and in the last place himselfe.

At Syracuse the deliuery in Court of their mindes in course by Lot (uuSi tacent omnes, coguntur sortitò dicere. Cic. Verr. 4. ita Verri praedicando, cùm nem… surgeret, sor… ducitur. Ibid. in some kinde and case continued vntounto Tullies time with them) and that after the order of the Alphabet (as **Lucian. de …aeres.the like was vsed in the Olympickes) is famous for Dionysius his act, xxPlut. apophth.who hauing drawne the letter M. when one jesting vponupon him said yyforeign.he would play the Mome or the foole, made answere that zzforeign.he 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, 11foreign M. Zen…dot. in Prou.M. is his Lot, either aaErasm. chil. 4. cent. 2. ad 64.of a foole, or bbRhodig. anti que lect. l. 12. c. 17.of a fellow of no worth.

In voiages were ccSic Vlysse & Eurylocho de Circaea insula expl…rā da sortientibꝰ, …urylocho sors exij…. Hom Odyss. foreign. Et inde Ouid. Metam. lib. 14 S…rte sumus lecti.some by Lot set a shore for discouery, especially where it was suspected to be difficult and dangerous. And at sea sometimes ddSternimur 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.they cast Lots who should row, and who be otherwise imploied: and eeforeign. Apollon. Argon. vbi foreign …st foreign, vt Eustath. Il. foreign.those againe whose Lot p. 63it was to tug at the oares end, tooke their places by Lot. Both in publike workes, ffOperumque labor…m Partib^• aqu… bat iustis, & sorte trahebat Dido. Vir. Aen. 1.as at the building of Tyre; and in priuate labours, as ggOcyus incubuere omnes, pariterque lab rem Sortiti. Aen. 8.at Vulcans forge; and in mutuall combinations, as hhforeign.- Hom. Odyss. …. - nosmagna precati Numina, sortitique vices (vel partes membrorum, vel quo quis loco staret. Seru.) vnâ vndi que circum F…ndimur, & telo lumen terebramus acuto. Virg. Aen. 3.at assaulting the Cyclops, iiSic Diod…r. Sic. l. 3. Oi foreign topazium inquirunt.each man had his taske or standing oft assigned him by Lot. Neither is the passing pride of that kkSesostris 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.Egyptian Tyran here to be passed by, that compelled such Kings as were tributaries to him, not, as llIudg. 1.7.Judg 1:7Adonibezek did sometime with his, to sit like dogges vnderunder 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.

In a word, so frequent was the vse of a Lot in this kinde, that some aaforeign. Etym. & Eust. Il. foreign.Grammarians hauehave thought (though bbforeign literis transpositis, versoque foreign in foreign. Auenar. Guichard. & Crucig.indeed it seeme not to be so) that a Lot among the Grecians from hence had its name, because by it men were vsually called vntounto this or that worke. But sure it is that in this regard in speech ordinary, though figuratiue, men are commonly said to hauehave this or that Office ccAct. 1.7. foreign. de Iuda. & 17.4. foreign, d… …i… qui s… …i spontè associauerant.Acts 1:7allotted them, though it come not by Lot to them, but by election or otherwise: as our Sauiour is said truly to hauehave beene anointed ddHeb. 1.9.Heb 1:9a Prince, eeHeb. 5.6.Heb 5:6a Priest, and ffLuk.a 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 ggSic Bodin. de Mario ad bell. Mithrid. à Sulpit. Trib. Pl nom…n d…monol. l. 1. c. 6. Vise &c. 10. §. 3.some suppose Lotterie there, where indeed there is no lot at all.

p. 64§. 10. Thus hauehave 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 bee held and inhabited wee hauehave sundry examples in Scripture.

For first at the first entrance of Gods people vponupon the Land of promise, the whole Land in generall was diuided by Lot, and that by ggNum 26 55. & 33.54 & 36.2.Num 26:55Num 33:54Num 36:2Gods owne appointment, among the 12. Tribes. Concerning which partition there is some scruple among the learned arising from the words of Gods Edict concerning it thus recorded by Moses: hhNum. 26.53. ad 57.Num 26:53VntoUnto these (that is, the 12. Tribes, though iiNum. 18.20. & 26.62. Deut 10.9. & 18.2. I…sh 13.14.33.Num 18:20Num 26:62Deut 10:9Deut 18:2Leui be left out, because kkNum. 26.29.35 Iosh. 14.4.Num 26:29Num 26:35Josh 14:4Ioseph in Manasses and Ephraim maketh twaine) shall the Land be diuided to inherit according to the number of their names, (that is, of their persons, as the word, llAct. 1.15. & Apoc. 3.4. Numerus nominū Et, habes pau…a no…ina.Acts 1:15Rev 3:4Name, is also elsewhere vsed.) To many shalt thou giuegive a large inheritance, & to fewer a lesse: to each one shall inheritance be giuen according to his number. Notwithstanding the Land shall be diuided by Lot: according to the names of the Tribes of their Fathers shall they inherit. According to the Lot shall the Possession of it be diuided betweene many and few. Where the Question is how the greater number should hauehave a larger portion, and the fewer a lesse, when each part was to hauehave its portion assigned it by Lot.

p. 65For the solution hereof mmOrdinatio…e di…na sorte cade…te super terra… proportionatā pro plu…alitate vel paucitate hominum. Lyr… in Num. c. 26. & …r…. i… Ion. c. 1.Num 26Jonah 1some say, that it was so to fall out, by Gods speciall prouidence miraculously directing the Lots, that the greater compasse of ground should fall to the greater number of men, and the lesse to the fewer. But that is not likely: for had it beene so meant, God would rather hauehave said; To many I will giuegive a larger portion, and to fewer a lesse. Diuide thou as equally and exactly as thou art able to doe by Lo…: and I will cause it to fall out so, that the more men shall hauehave more Land, and fewer men lesse: or, Doe thou diuide it into vnequall parts; and I will make it fall equally to fit eueryevery Tribes turne. So that the casting of the Lots should be Ioshuas work onelyonly; but the fitting of more and fewer with larger or scanter possessions and portions Gods owne immediate disposition. Yea the euent it selfe controlleth this idle conceipt. For we finde that nnIosh. 17.14.Josh 17:14some of them were scanted in those portions that by Lot befell them, whereof also they complained: and ooIosh. 19 9.Josh 19:9others againe had more besell them, then they were able well to people; and therefore are willing to admit others with them as Inmates.

Others thinke ppEx Hebr…rum quorundam sei…entia, quam R. Leui i… comment. ad Iosh. approbat, ad Num. reijcit; Masius ad I…sh. c. 15.that the twelue men assigned to that Office of diuiding the Land by Lot, had a power by virtue of that Edict conferred vponupon them, after the Lotery performed according to the partition made by others imployed thereunto by them, to enlarge or straighten the bounds of each seuerall portion, as they should see good; by virtue of which power they were to fit each part to the number of the people that were of that Tribe, which the same by Lot was fallen vntounto. This indeed hath more p. 66shew of probabilitie then the former; and rrIosh. 1….1.9.Josh 1:1Josh 1:9wee finde some alteration and change in this kinde after the seuerall possessions were determined by Lot.

But yet that seemeth to be soundest that some qqIn familijs subdiuisa …st per sor…es inaequales pro numero personarum. Ex aliorum sententia. Lyra in Num. c. 26. Et ex Iosh. 15.1. Oleast. Et Trem. ac Iun. ibid.Num 26Josh 15:1others hauehave conceiued, that in that Edict there is mention of a two-fold partition, and either of them, necessarily required. The former a ssNum. …6.55.56.Num 6:55Num 6:56generall diuision of the whole Land (taking in that on this side Iordan, ttNum. 32.33. & 34.13.14.15. I…sh. 14.1.2.3.Num 32:33Num 34:13Num 34:14Num 34:15held by the Reubenites, Gadites, and halfe the Tribe of Manasses) into 12. Shires or Cantons equally diuided, to be distributed by Lot: the latter uuN…m. 26.53.54a particular Subdiuision of each Canton or Shire vnequally parted among those of that Tribe whom the same by Lot had befalne, as their Families or kindreds were more populous or more penurious of people.

Now as God enioyned, so xxforeign. Act. 13.19.Acts 13:19Iosua accordingly did: For yyI…sh. 14.1.2.he diuided the whole Land among them by Lot. zzIosh. 11.23.Josh 11:23He beganne the worke so soone as the Land was at any rest, and aaIosh. 14.1. & 19.51.Josh 14:1Josh 19:51afterward went on with it till he had made an end of it; assisted therein according to bbNum. 34.17.18.Num 34:17Num 34:18Gods owne appointment by Eleazar the High-preist and the 12. Heades of the twelue Tribes. Their seuerall Lots in what course they came the holy Ghost hath left vponupon record. For at the first Session or solemne meeting for the performance of that busines, ccIosh. 15.Josh 15the first Lot fell to Iudas, and ddIosh. 16.1.4.Josh 16:1Josh 16:4the second to Ioseph in eeIosh. 16.5. ad finem.Josh 16:5Ephraim & ffIosh. 17.1. ad 12Josh 17:1Manasses. ggIosh. 18.2.10.Josh 18:2Josh 18:10At the second Assembly had the other seuen Tribes, to wit, hhIosh. 18.11. ad finem.Josh 18:11Beniamin, iiIosh. 19.1. ad 10.Josh 19:1Simeon, kkIosh. 19.10. ad 17.Josh 19:10Zabulon, llIosh. 19.17. ad 24.Josh 19:17Isac…ar, mmIosh. 19.24. ad 32.Josh 19:24Asher, nnIosh. 19.32. ad 40.Josh 19:32Nephthalim, and ooIosh. 19.40. ad 49.Josh 19:40Dan, (for thus by course their Lots came out) their portions p. 67allotted them; nnIosh. 18.4. ad 10Josh 18:4the rest of the Land, not before assigned, being diuided into seuen parts, not ooIoseph. anti que l. 5. c. 3.by ten men, as Iosephus, but ppMasius ad Iosh. c. 18.Josh 18by 36. rather, or 21. at the least, (three a peice out of each Tribe, qqLauat. Iosh. c. 18.Josh 18either of the whole Twelue, or rrCaluin. Iosh. c. 18.Josh 18of those seuen whose turnes then were to be serued) imploied specially to that purpose.

Concerning the manner of Lotery vsed in that action there is some diuersity of opinion. ssRabbini in Baba Bathra teste Masio: & Schindl. lex. Pent.Some thinke that the Lots of the Land were put into one pot, and the Tribes names into another, and that one choise person, to wit Eleazar, drew for all. ttIoseph. anti que l. 5. c. 3.Others imagine that there was onelyonly one pot of Tickets containing the names of the portions, out of which one of each Tribe drew for the Tribe he was of.

uuMasius in Iosh. c. 15.Josh 15Others lastly suppose that the Tribes names onelyonly were put into the Lot-pot, and that each Tribe, as it was drawne, had his choise of which part he would yet vndisposed when he drew. The first opinion seemeth most probable, both because once drawing so might well end all, xxNeque …nim certum satis quod Mas. ad Iosh c. 15. tribuum praerogatiuam in prius posteriusque sortiendo seruatam. Et manifestò falsum qu…d Oleast. ad Num. c. 33. ordinem nascend… in sortiendo secutos.Josh 15Num 33which would not be in the second, where question might be who should draw first, which would aske a new Lotery; and againe because it is not said in the story, that such a Tribe drew or was drawne first or second simply, but that yyI…sh. 19.1. & 21.4.the Lot came out first or second for such a Tribe, which agreeth not with the third.

There was indeed zzChytrae. i… Iud. c. 1.Judg 1a speciall hand of God in this Lotery, (as there is oft in others) as it was done by speciall appointment from him; in regard wherof it may seeme to some worthy to be ranked rather p. 68among extraordinarie Lots; considering especially how fitly the euent of it sorted with yyC…n…s. 49.Iacobs propheticall prediction in his last will and Testament. But yet I take this rather to be the proper place of it: because howsoeuer there were a speciall prouidence of God in it, thereby to fulfill that holy Patriarkes prophecie, yet the maine matter that it was applied vntounto and that was aimed at in it by those that were agents therein, is like to hauehave beene no other then zzAd contentiones excludendas. Ly…. in Num. c. 26.Num 26an ordinarie partition of such possessions as by conquest and Gods gift were cast vponupon them, without expectation of any speciall direction of them, and the Tribes they were drawne for, to such certaine parts and seates.

Now as the whole Land in generall was thus diuided by Lot, so in particular were the Cities assigned to the Leuites diuided among them by Lot likewise according to their Families. For whereas aaNum. 35.7.8. Iosh. 21.2.Num 35:7Num 35:8Josh 21:2God had commanded that 48. Cities in all should be assigned them, more from those that had more, and fewer from those that had lesse; againe, whereas bbNum. 26.57. & 3.17, 18, 19, 20, 21, 27, 33.Num 26:57Num 3:17Num 3:18Num 3:19Num 3:20Num 3:21Num 3:27Num 3:33the Leuites were diuided into three Families according to Leuies three sonnes, Kehath, Gershon, and Merari; and ccI…sh. 21.10, 20.the Kehathites were subdiuided againe into two rankes, to wit, the Aaronites or the issue of Aaron, Kehaths nephew by his sonne Amram, which alone had the Priesthood, and the rest of that house which came not of Aaron; there were ddI…sh. 21.8.Lots cast by them for these their seuerall Families in what Tribes there should Cities be assigned vntounto each. So that the Princes set downe how many Cities each Tribe should affoord according to the p. 69quantitie of their possessions and the number of their Cities; as also which Cities in each Tribe should be giuen them as most conuenient for their abode, who were to be disperst into all parts of Gods people. Which being first by them determined, eeI…sh 21.4. ad 43. 1 Chron. 6.54. ad finem.1 Chr 6:54the foure Families drew Lots then, which of them should hauehave the Cities set apart in each Tribe; and so ffIosh 21.4.Josh 21:4the Aaronites had 13. in Iuda, Simeon, and Beniamin; ggIosh. 21.5.Josh 21:5the other Kehathites 10. in Ephraim, Dan, and the one halfe of Manasses; hhIosh. 21.6.Josh 21:6the Gershonites 13. in Issachar, Asher, Nephthali, and the other halfe of Manasses; and iiIosh. 21.7.Josh 21:7the Merarites 12. in Reuben, Gad, and Zebulon… the whole 48. in all.

And as at their first comming into the Land of promise, the possession of it was in this manner diuided by Lot; so at their returne againe vntounto it from the Chaldean Captiuitie, was kkNehem. 11.1.Neh 11:1a Colonie by Lot drawne for the peopling of Ierusalem, one taken of each ten, and so a tenth of the whole companie for the storing of the Citie, beside such as voluntarily offred themselues thereunto, the remnant being left to replenish other places, and to possesse the residue of the Countrey round about. Yea the whole City it selfe (if we might beleeue llIoseph. Gorionid. foreignthe counterfeit Ben-Gorion, or at least his abridger, for the true Iosephus saith mmIoseph. Flau. capt. l. 5. c. 1. vi inua isse.otherwise) was by Lot shared in three parts by the three seditious Commaunders in the time of the Romane seige.

§ 11. Now moreouer Lots were vsed for Partition, as of Lands, so of Mooueables, of Goods and Chatels, and the like.

As namely first in some cases for the setting out p. 70of Tith. nnLeu. 27.32.Lev 27:32EueryEvery tenth one, saith God, of the Ballockes, or neate, and of thy flockes, or lesser cattle, goates and sheepe, as they passe vnderunder the rod, shall be holy to the Lord: there shall no regard be had of good or bad, nor any exchange be made of it. For whereas the very tenth indeed, or that which fell in the tenth place precisely was in strict right the Preists due, but which that should be could not easily be knowne where great herds of neate or flockes of sheepe were, this seemed the equallest course, and is enioyned therefore by God, that ooVt quo ordine ex stabulis sua sponte exeunt, decimum quodque baculo numerantis tangatur, & segregelur Domino. Iun. ad Leu. c. 27. & R. Sal. Iareb. ibid.Lev 27eueryevery tenth one of them should be touched and taken, as they came out of the stall or the fold, by the Tithing-mans rod, and so set apart for the Preist. That which God alludeth vntounto where he telleth his people by the Prophet, that ppEzech. 20.37.Ezek 20:37he would cause them to passe vnderunder the rod, and bring them into the Bond of his Couenant: that is, qqLa…at. in E…ech.by a Metaphore taken from Sheepheards that count their sheepe with a rod or a sheep-hookes rrIun. in Ez c, 20.he would search his people, and sort them, as the Sheepherd doth his sheepe, to take the better sort of them, ssVers. 38.reiecting and excluding the rest, into his fold, to bee in league with him and vnderunder his charge.

Againe in diuision of Booties, of prey and spoiles taken in warre. So are ttObad. vers. 11.Lots said to hauehave been cast vponupon Ierusalem when it was sacked by the Chaldees, and uuIoel. 3.3.Joel 3:3her people by Lot shared among the Conquerors for Slaues: As also xxNahum 3.10.Nah 3:10the Nobles were of Nineueb in the sacking of that City, whether by the Medians, or by the yyVise Herodo…. hist. l. 1.Scythians, by whom it was at seuerall times surprised.

p. 71And of Goods otherwise gotten, as by pillage or stealth. As where Dauid complained of his enemies that yyPsal. 2….19.Ps 2:19they had parted his garments among them, and cast Lots vponupon his vesture. Which thing is by zzCaluin. in harmon. Gualt. in Ioan. c. 19.John 19good writers iustly supposed to hauehave beene first practised vponupon Dauid, **1 Sam. 19.11.12 foreign: vt Plutar. foreign.1 Sam 19:111 Sam 19:12what time constrained to flie for feare of his life, his house was rifled by his foes, and his goods to his very garments sea…ed on, and by Lot, it is likely, shared among them: but was questionlesse, (the aaMatth. 27.35. Mark 15.24. Luk. 23.34. Ioan. 19 24.Matt 27:35Mark 15:24Luke 23:34John 19:24holy Ghost testifieth it) fulfilled in our Sauiour, when the Souldiers that executed him, parted his garments among them, and ppNe inutilis redderetur.Aug. in Ioan. tr. 218. & Suarez in 3 …om. 2. disp. 38 §. 1.to saue it from quartering, cast Lots apart vponupon one of them, to wit, the Coate without seame (the rather, qqResoluta in partes, partes etiam in particulas resoluentur. Simon d… Cassia super Euang. l. 13. Et Baron. amnal. tō. 1. an. 34.say some, because garments commonly so wouen or wrought, are wont to rauell much away if they bee rent,) but the rest of them, or the other two (for rrEuthym. in Mat. c. 67.it is not likely that they were aboue three in all, a shirt, an inner, and an vpper coate) being rent into 4. quarters (which ssSortes in tu…icā solam missas. Aug. in Ioan. tr. 118. & Thom in ca…en. & Maldona. in Mat. c. 27.Matt 27many obserue not, and yet ttMark. 15.24.Mark 15:24Marke euidently saith) uuEtiā v…stomenta reliqua sorte diuisa. Ambr. in Luc. 23. & exhort. ad Virg. & Theophyl ad Marc. 15. & Glos. ad Digest lib. 10. tit. 2. le…. 5.Luke 23Mark 15were likewise by Lot parted to each of the **Quat…or n. milites erant. Au. in 10.118. id quod foreign. a^• Act. 12.4.Acts 12:4foure a fourth part. What forme of Lotery was vsed by them is not apparent, (as not greatly materiall) saue that the Popish tradition saith it was by casting of Dice, which xxCaluin. de reliq. & Becon of Romish reliques.they are said to shew to this day three in number (**…tred…t Iud…us Apella, sed Non ego credulus illis. hee may beleeue it that lift) one at Triers and two other at Saint Sauiors in Spaine; and so yyDactylis, i.…alú, …esseris, aleisuè è manu …issis: Gallicè un dét, fiue dé (dice.) Hadr. Iun. & Fr. Nans. in Nonn. par.some would expound zzforeign.-Nonn. parap. Ioan.Nonnus when hee speaketh of Christs p. 72passion, though aaFalkenberg. in Non. dio….other with better reason vnderstand him of bbforeign. Gloss.Mication or shifting of fingers, the one diuining or guessing how many the other held vp, which the same Author also else-where ccforeign. Non. Dionys. l 33.more largely describeth, a ddMicare est sor…iri digitis Nonius de propr. serm o^• foreign. Ptol m. H… phaest. his…. n…al. 4. qui & im … tionē …ius Helenae tribuit: in Pho…ij biblioth. 1…0. Quid sorsest? quod micare, quod talos, tesser. … i…cere. Cic. diuin. l. 2.kinde of Loterie eeVude natū p…ouerbium de homine qui certiss…ma esset fide, Dign…m esse quicum in tenebris …icetur. Cic. Ossic. l 3. & sin. l. 2. quod de lusu acceptum Eras. chil. c. cent. 8. ad 23. ad contractus verèretulit Casaub ad Suet. Aug.aunciently much vsed aswell in serious businesses, as in sport & pastime: Nor hindereth it, but that Nonnus might well meane it, though ffDuorum tantum est. Nans.that cannot, as they say, be practised well but betweene two onelyonly at once. ggSic Homerus Solē singit per …unciù boū suorū caed…m resciscere Odyss ….de quo tamen alibi, foreign. Et Il.…. louē fulgurare vbi ningit. Scal. Poet. l. 5. c. 2. Apud Virg. Aen. 6. Palin…us Aeneam portus Velin…s requirere iubet, qui post ann. 600. …o nomine primum n…ncupati. Ge…. noct. Att. l. 10. c. 16. Idē po…tū describit, qualis nullꝰ spiāinora Africana. Seru. ad Aen. 1. Ceruorū agmen ibid. ab Aenea repertīs. Cùn cer…os Africa serè sola non gignat. Pli hist. nat. l. 8 c. 34. & Arist. hist. animal. 18. c. 28Poets euen the best oft-times take libertie beside the precise truth of story, and the ordinary vse of those things they deale with. And no maruell therefore if Nonnus should faile somewhat herein, being esteemed one but hhMimū ridiculū. Ios. Scal. ep. ad Salmas.of the lower ranke of them.

But to leaue these vncertainties, such a Lot as this iiProu. 1.14.Prov 1:14Salomon alludeth vntounto, where hee bringeth in theeuish Companions not so much kkSor…ē mitte …obiscū. Vulg i. consort noster … Vat. Cast thy Lot in among v… Angl.inuiting him whom they would perswade to aduenture his part with them, (for there is nothing to be aduentured lightly on their part but limme and life) as llSortē conijcies in…er nos, i cōmunis praedae partē e… …qun nobiscū sorte capies. Iun. & Cart.promising him, that he shall cast Lot with them, that is, shall hauehave an equall share with them in whatsoeuer they get: mmA legitima negotiatorum societate sumptalocutio. Iun.as those are wont to doe and to hauehave that p. 73deale by way of lawfull trafficke together in joynt stocke.

To this Head may we further referre the designing or picking out of persons by Lot to be saued or to be slaine. So nnChald. paraphr.some expound that of oo2. Sam. 8.2.2 Sam 8:2Dauids measuring out the Moabites with two coards to bee destroied, and with one full coard to be saued aliue: though ppLyra, Iun. alij.the most turne it another way. Yea so ssNon cecidit super eam sors, vt alij perirent, alij saluarentur; sed cunctis communis ven…t intericus. Hier. in Ezech. quem sequuntur L…uat. Lyra, & Geneu. nota.most Interpreters vnderstand Gods speech, where he biddeth the Prophet rrEzech. 24 6.Ezek 24:6pull the flesh peice by peice, eueryevery peice of it out of the pot or caldron, and cast no Lot on it: thereby signifying that the people should not be some destroyed and some saued, but should all vtterly be destroied without distinction or difference; though ttVise Iunij not.some of late vnderstand this also otherwise. But of this vse euidently was uuLouit. 16.1, 9, 10.the Lot that was cast on the two Goates, (for it was meerely diuisory, not diuinatory to tell whether was fitter for the seruice, both being alike fit for it) whereby the one was taken for the Scape-goat to bee saued and sent out aliue, the other left to be slaine and to make a Sinne-sacrifice to God in the behalfe of his people. And these bee all Examples that I finde of this Vse of Lots in holy writ.

§ 12. Among prophane Writers there is nothing almost rifer then the vse of Lots in this kinde. xxforeign. Dion. Chrys. orat. 64.Inheritances among Coheires were by Lot oft diuided. For so; to passe by the Poets fiction of yyforeign. Apollod. bibl. l. 1. Hinc Hou…. Il. foreign &c. Et Virg. Aen. 1. Non illi imperium pelagi, sed mihi sorte datum. Vise ibi Sernium: sed & Lactant iustis. l. 1. c. 11.Saturnes three sonnes that should so part among them Heauen, Sea, and Hell; as also the Grammarians groundlesse conceipt of p. 74zzClaros foreign. Ex Nearch. Eust. ad perieg.Claros, aaforeign. cùm inter Heraclidas conuenisset foreign. Eustath. Il. …. & Steph. de vrb. foreign. Etymol.Lacedaemon, and diuers other places that from hence should hauehave their names: thus, I say, wee finde bbVt foreign, cui sors prinia obtigisset, vel Spartam vel Argos optaret; cui tertia, M…ssenen obtineret. Polyaen. stratag. l. 1. aliter paulò quàm Pausan. M…ssen & Apollod. l. 2. Vise infra cap. 12. § 6.Peloponnesus after the right of possession by joint conquest recouered, parted betweene Cresphontes, Temenus, and the Sonnes of Aristodemus; though there were some slight therein vsed, as wee shall hereafter shew: Thus ccDeditque sors Char. sedem habere Parisios, Gunt. Aurelias, Chil. Suessionas, Sig. Remos. Greg. Tur. hist. l. 4. c. 22.Lotharius his foure sonnes, Charibert, Gunthram, Chilperis and Sigebert parted the Realme of France betweene them after their Fathers decease. Thus ddChytrae… in Iudic. c. 1.Judg 1Fredericke the second King of Denmarke, and Adolfe Duke of Holst diuided betweene them the Teritory of the elder Iohn of Holst deceased without issue. And thus, saith the Orator, eeforeign. Dion. Chrys. 64.should Oedipus his two sonnes rather hauehave done (and yet in part too it is said they did, iiHinc Stat. Theb. 1. -iam sorte carebat Dilatus Polynicis honos. Et l. 2. - animum subit illa dies, qua sorte benigna Fratris Echio…ia sleterat priuatus in aula. Et Eteocles, Quae sors iusta mihi, qua non indebitus annis Sceptra dicauit honos, teneo, aeternumque tenebo.taking either of them their yeere by turnes, as the Lot at first ordred it) and not by mutuall warre and strife (as at length they did) worke either others ouerthrow.

The Ciuill Law kkCod. Iust. lib. 10. tit. 34. leg. 2.willeth that the goods and chattels of eueryevery Courtier deceased, where a fourth part is to come to the Court, be parted by the heire or Executor into foure parts, and then llV… rebus totis insortium casum deductis, vel Curiae quadrantis, velhaeredi aut fidei commissario dodrantis electio ex sortis falicitate contingat.Lots cast whether he shall chuse his three, or the Court her fourth. Where diuers good reasons also of this p. 75course are rendred: for that mmNatural vi …ū est negligi quod in commune possidetur: vique nil…t habere se, qui n…n totum habeat, arbitretur: denique suam quoque sortem corrumpi patiatur, dum inuidet alienae.It is commonly neglected, that is held in common: Men thinke they hauehave nothing at all, if they hauehave it not apart: and out of an enuious disposition (like nn1. King. 3.26.1 Kgs 3:26the wrong Mother in Scripture) they suffer things oft to be spoiled rather then an other should hauehave good of them. The like is willed to be done where the choise of some Chatell is bequeathed to diuers; or that one that it was bequeathed to dying leaueth diuers Executors; if they cannot otherwise agree. ooIustin. Institut. l. 2. t. 20. Siinter optandum dissenserint, fortuna sit optionis iudex. Et Cod. lib. 6. tit. 42. leg. 3. Sorte inter altercantes alhibenda.And our Common-law likewise, among other courses of partition of Land betweene partners or female Coheires, alloweth this for one, ppLitelton Tenures l. 3. c. 1.by diuiding the Land into parts as equall as may be, and then wrapping vp scroles of each part in as many waxen balls, to be drawne by the Partners, in order of yeeres, out of the bonnet of some other indifferent party.

In Cities new built, and at the first setling or altring of estates, as also vponupon the enfranchising of some that were Foreiners or not free before, had each one oft qqAeneas vrbem designat aratro, Sortiturque domos. Virg. Aen. 5.his house, or rrAn inter se sortiunt vibem atque agros? Ennius Cresph. apud Nonium.portion of Land, or ssSitella allata est, vt sortirentur vbi Latini suffragium ferrent. Liu. l. 25. Ex 4. vrbanis tribubus vnam sortirentur, in quam libertini omnes conijcerentur. Idem l. 45.Exod 4Tribe he should belong to, assigned him by Lot: A thing ttforeign. Plut. Solone.expected of the poorer sort at Solons hand in the alteration of the Athenian estate: but indeed uuforeign. Plut. Lycurgo.executed by Lycurgus, though not without much adoe, in the Spartan Common-weale: as also xxforeign. Dionys. Hal. antiq. l. 2.by Romulus in the first founding of the Romane estate. And yyforeign. Schol. Aristoph. Nub.in Egypt it is reported that they were wont p. 76yeerely by Lot to assigne each man or each kindred what Land they should till.

After conquest of some Countrey it was vsuall both with the aaHinc Aristoph. Nub. foreign. Vbi Schol. foreign. Et Plut. Pericle foreign. Vise Pausan. Attic. Heredot. l. 5. Thucyd. l. 3. alios.Greekes, bbforeign, Romull institutum. Dionys. Hal. l. 2. Oi foreign. Euseb. Chron. can. Sabinorum terra sorte diuiditur. Hieron. Aequaliter aut sorte agr…s legionibus assignari. Brut…. Cic. ep. 20. l. 11. Vise Appi…. bel. ciuil. l. 2.Romanes and others, to diuide by Lot the Land conquered either among those that had done seruice, or among others also of their owne people. Not to omit that sometime they were too forward in this kinde (like ccAbstem. fab.the Hunter that sold the Coorier the Beares skin ere he had killed or caught her) ddSic Pomp…iani pridiè pugnam Pharsalicam. Plut. Caesare. Sic Latini Constantinopoli capta Imperij prouincias, q…asa orbe denicto, sortilò inter se diuisere; vrbesque & fines inter se permutauere. Nicet. annal. l. 18.diuiding more among themselues then either they had presently in possession, or indeed euer attained vntounto. When a Countrey was eeSic Ambigati Celta nepotes 2. sortibus emissi, alter saltus Hercinios insedit, Italian… …lter inuasit. Liu. l. 5.surcharged with multitude of people, or ffSic Lydus Rex cum filio, vt Heredot. l. 1. Lydus & Tyrrhenus fratres, vt Paterc. l. 1. sterilitate frugum compulsi, sortiti sunt, vter cum parte multitudinis patriae d…cedere…. Sors T. contigit. Sic sub Suione Rege fame inualescente, Dani patria excessuri sorte deligun…ur. Saxo Gramm hist. Dan. l. 8.not able to maintaine her natiues by occasion of long famine; a common course it was by Lot to decide who should bide by it at home, and who go to seeke their fortunes abroad. If in warre they could not agree on a course; as in the Palestine expedition, commonly called the Holy warre, ggPlacuit sorte definiti. Sors super Tyrum cecidit. Guil. Tyr. bell. sacr. l. 12. c 24.whether Tyre or Askalon should first be assaulted, a Lot was vsed to end the strife. hhPraedam sortiri soliti Victores. Seru. ad i…ud Virg. Aen. 9. Si capere Italiam - Contigerit victori, & praedaducere sortem. Mulieres Delph… a…ata foreign mo…ilia apud Athenaeum l. 6.The prey taken in the fielde, or in the sacking of some City, whether it were of goods, jewels and garments, or head of beasts, or p. 77iiCaptiui inter Victores sorte diuidebantur. Seru. ad i…ud. Aen. 2.0 foelix, vna ante alias Priameia Virgo, Iussa mori; quae sortitus non pertulit v…os. Hinc Eurip. Troad. foreign. Et Senec. Versata dominos vrna ca… tiuis dedit. It, Domum acce Priami è nuribus & natis legeus Sortitur vrna. Praeda quē vilis sequar? Ithaco obtigisti praeda nolenti breuis. de Hecuba: qua de & Our …. Met. l. 13. - ô modò regia coniux: - Nunc etiam praeda mala sors. Et Helena apud Sen. Quam quisque famulam traheret incerto diu Casu pependit: me ma'us traxit statim Sine sorte Dominus.mens person, was vsually parted by Lot. In which kind not vnworthy the rehearsing is Probus the Romane Emperors act; kkVopiscus Probo.who when an Horse taken in the field was presented him, reported to be able to trauell a hundred miles a day, & eueryevery one made account that he would keepe it to himselfe; he said it was a beast llFugitiue potiu… militi quàm forti conuemire.fitter for a flier then a fighter; and bad put it to hazard with the rest of the prey: which being done accordingly, and drawne for one Probus, of which name there were foure seuerall men of the sharers, contention grew among them who had right to it; whereupon being once or twise againe put into the Lot-pot, when a Probus came out still, it was agreed on all parts, that no other then the Emperor himselfe should hauehave it.

In distribution of gifts, or rewards, or ooIn defunctorum locum, qui annonam publicam acciperent, quotannis sorte suffecti sunt. Suet. I…l. c. 41.almes, where mmIn serui… ex testamento manumittendis, vbi omnes non possunt, &c. sortiri cos opertobit, …e quam ambitionis vel gratiae suspicionem Praetor subeat. Digest. lib. 40. tit. 5. leg. 24. Sic coniectis in aquae fitulam sortibus de ancilla ducenda sortiu… tur serui d…, in Planti Casina: quam sortem …um diuinatoria Meursius frustra confundit ad Cas. c. 3.eueryevery ones turne could not be serued, or nnSortitur dominos, ne laceretur auis. Mart. l. 8. ep 78. Sic lego, quod vulgò, noc laceratur.that which many had equall interest in, could not well be diuided; it was by Lot designed which way, or to whom they should go. ppforeign. Apollador. l. 1.By Lot Danaus is reported to hauehave disposed of his Daughters among the sonnes of Aegyptus: qqVter prior matri osculum daret, sorti permittunt. Liu. l 1.By it the two Tarquines Titus and Aruns are by some said to hauehave decided, whether should hauehave the kissing of their Mother first; when the Oracle had told them that He should raigne that gaue his Mother the first kisse: wherein p. 78rrLiu. l. 1. & H. lic. l. 4.Brutus their Cozen is reported to hauehave gone beyond them both by kissing his grand-mother the Ground: But ssforeign. Dionys. Hal. l. 4.others say that they agreed both to kisse her at once. ttPtolom. Hephaest. apud Photium: foreign.By it Paris and Helen are likewise said to hauehave decided the controuersie betweene them about the naming of a Daughter that he had by her, whether it should beare his name or hers.

uuIn tribus iudicijs, familiae herciscundae, communi diuidundo, & finium regundorum, quaeritur quis actor intelligatur, quia par omnium causa videtur. Caius Dig. lib. 5. tit. 1. leg. 13.Where it is vncertaine in certaine cases at the Ciuill law whether party is Plantiffe and whether Defendant, both commencing suite; as they may, at once, either against other, not the maine busines or suite it selfe, as some mistake it, but xxCum ambo ad iudiciū prouocant, sorte decerni solet. Vlpian. ibid l. 14.that doubt onelyonly is put to the decision of a Lot. yySortiri oportet, apud quem esse debeant. Caius l. 10. t. 2. l. 5. vbi Gloss. vel vt vni per sortem omnia, vel vt vna vni, alia alij, vt in vestibus Christi.And so is likewise by the same Ciuill-law the custody of Cautions or Euidences among those that are equally Coheires. At the election of a Pope zzCellae per liter as fignatae sorte patribus distribuuntur pridiè quàm ingrediuntur Conclaue. Marcel. Corc. Cerem. sacr. l. 1. s. 1. c. 2. Et Continuator Vrsper. vbi de Synodo Basil.the Cardinals in the Conclaue hauehave their Cells assigned them by Lot.

At their aaforeign. Plus. Sympos. probl. l. 2. c. 10. Et ibid. foreign. Hinc. Aristoph. Equit. foreign. Vise Suid. & Erasm. Chil. 3. cent. 6. adag. 1. Sed & Cato Vticen…is in conuiuio sortitione facta foreign, instantibus conuiuis vt primas to…eret, negauit id inuita Venere fieri oportere. Plut. Cat.solemne Feasts, bbforeign. Plut. probl. l. 2. c. 10. Vise Athen dipnos. l. 1. & Rhodig. antiq. l. 14. c. 55.sacred or publike especially, in auncient times had each one his messe of meate by Lot assigned him. Where obserue we withall that as among the Hebrewes Gods people, ccLeuit. 27.32.Lev 27:32Gods part in the tithe of their Cattle was by Lot set apart; and ddSic Pelasgi decimam Dijs dandi voto damnati foreign. Ex My…silo Dionys. Hal. antiq. l. 1.among the Heathen likewise, where p. 79by some solemne vow a tenth of the encrease either of the fruites of the earth, or of their cattle had bin before made ouer to their Idoles: as also the eeforeign, &c. Th…ophr. de plant l. 9 c. 5. Famaest cum sole diuidi; ternas partes fieri; sorte cremia discerni: quod Solicesserit, relictum sponte conflagrare. Plin. l. 12. c. 19.Arabians are reported in old time to hauehave consecrated yeerely a third part of their cinamon, which the Lot lighted on, to the Sunne, and that the Sunne, as they ffforeign. Theophr.fable, should fire that part of himselfe. So among those Heathen in that their festiuall Lotery, ggforeign. Eumaeus apud Homerum Odyss. foreign.the messe first drawne was held holy and accounted some Gods share, Mercuries most vsually, whom they deemed President of Lotery: That which I take rather therefore to be termed hhforeign. Pollux l 6. c. 9. foreign. Hesych. & Phauor. lex.Mercuries Lot, then that which iiforeign &c. Suidas, cumque segunti Peuter. Bodin. Serat. alij.others say of an Oliue leafe, without any good ground: And in the diuision of Lands before mentioned at the setling of new kkIn Lesbiurum terra diuidunda foreign Athenienses. Thycyd. l. 3.Colonies or llforeign. de Romulo Dion. Hal. l. 2.Estates, some part was vsually by Lot set apart for sacred vses in the first place.

mmHinc Varro Parmen, apud Non. Ergò micandum mihi erit cum Graco, vtrum illius ego numerum, an ille …eum sequatur. Vise Ca…saub. ad Suet. Ang. c. 13.In their markets they vsed oft, when Buyer and Seller could not agree, as with vsus to draw cuts, or cast crosse and pile, so by an other kinde of Lotery, that Mication or shifting of fingers formerly spoken of, to decide, whether should come to others price: nnEx autoritate Turci Apronia…i &c. Ratio docuit, vtilitate suadente, consues…dine micandi sublata sub exagio potius pecora vendere, quàm digitis conludentibus tradere. Antiq. Fabric.which custome yet for some considerations was sometime in some cases inhibited.

§ 13. In pecuniary penalties was this kinde of Lot sometime imployed, where the Offendors were too many to be all of them amerced. For so p. 80Augustus of such as frequented not the Senate as they should, ooforeign. Dion. Cass. l. 55.enforced each fift man that the Lot lighted on, to pay his fine for his absence, which was remitted to the rest. But in case of life & death was a very principall vse of it. Where to passe by that Fable, fondly fathered vponupon Athanasius, of Melchi Melchisedecks Father, ppPseudo-Athen. h…st. Melch.who hauing a purpose to sacrifice one of his sons, should cast lots first with his wife, whether he or she should chuse one of them to be exempt from that hazard, and after that vponupon the rest of them (she hauing chosen Melchisedeck by that meanes preserued) for one to be slaine for a sacrifice: as also to let passe qqforeign.- Pausan. Messen.the Messenian Virgin that the Oracle demanded for the murther of Tists; rrOraculo iubente foreign ceto exponere, Laomedontis Hesionen sorscepit. Diodor. Sic. l. 4.the Troia… Kings daughter Hesione, whom the Poets faine the lot lighted on to be exposed to the sea monster: ssPlutarch. Theseo. Et Virg. Aen. 6. - sep…na quotannis corpora natorum: stat ductis sortibus …rna.the 7. young-men, and as many Maidens that Min…s required from Athens yeerely for the death of Androgeus: and ttforeign, &c. Pausan. Lacō.the children that the Spartans vsed to sacrifice to Diana, till Lycurgus at length altred that inhumane practise. Nor to stay vponupon uuforeign. Socrat. hist. eccl. l. 7. c 8. & Niceph. Call. l. 14. c. 18. Qu…d Epiphan. in Cassiod. Irist. Tripart. l. 9. c. 8. Magorum genus vsqu… ad decimam iussit immiuui portionem.the Persian Kings tithing out his Magicians (reported in our Ecclesiastical stories) vponupon discouery of their frauds: or the misery of Cambises his armie in his Aethiopian expedition, **foreign. Herodot. l. 3.who for want of victualls by Lot sequestred a tenth part of themselues for the rest to make meat of. And to glance but at that memorable and lamentable act and accident of the two xxforeign. Dion. Cass. l. 51. Sortiri vel á…micare i…ss…t. Su…. Aug. c. 13. Quo loco Turneb. aduers. l. …0. c. 13. legit Micare: sed & apud Cic. Offic. l. 1. Si hac pari… in vtroque, nullum e… it certamen, sed quasi sorte aut micando victus, altericedat alter. Quam lectionem adfirmat Nonius in Micare.Flori p. 81Father & son commanded by Augustus to cast Lots for their liues, whereof yyPa…ter, Suet. Fili…, Dion. quod & Casaub. nota…it.the one offered himselfe without Lot to be slaine; and he being slaine, the other thereupon slew himselfe. Most famous and frequent was zzVise omnin… Polybium de militia R▪m. agentem hu…t. l. 6.the Romane practise in this kinde, tearmed therefore by them their **foreign. App…an. bell c…. l. 2. non vt vulgò foreign. Vise …rod. miscel. l. 1. c. 9. Sic Plut. Crasso, foreign. Et Dionys. Hal. l. 9. foreign.Auncient law, or their Countrey custome: whose manner it was when some troopes of their Souldiers had in the fielde aaforeign. Plu…. Crasso. Signorum desertores. Liu. l. ….or Campe forsaken their colours, bbforeign. Polyb. l. 6. foreign. Halicar. l. 9. Quiloco cessera…t. Suct. Aug. 24. ordines reliquerant. Liu. l. 12.leaft their Stations, carried themselues ccforeign. Pl…t. Crasso. foreign. Idem Anton.cowardly in fight, or ddforeign. Dion. Cass. l. 41. foreign. Xiphil. tumultuantes. Suet. Galb. c. 12.disorderly otherwise, ee&c foreign Polyb. l. 6. Statuerunt it… …ai…res nostri, v… … à multis esset flagiti… rei m…litaris admissum, sortitione in quo…dam animad…erteretur. v… metus vid…licet ad omnes, p…na ad pau…es perueniret. Cis. pro Cluent.for the frighting of all, and yet the sauing of some, ffforeign. Polyb. l. 6.to draw out by Lot hhforeign. Polyb. l. 6.sometime more, sometime fewer, most vsually iiforeign. Anton. Appian. l. 2. Vnde foreign. Plut. Anton. Et, foreign. Polyb. l. 6. foreign. Halicar. l. 9. Vise Brod. misc…l. l. 1. c. 9.a tenth part of the whole number that were faulty, or ggforeign. Dionyf. l. 41. foreign. Appian. l. 2.were deepest in fault, kkforeign. Polyb. l. 6 Sorte ductos fuste necat. Tac…. annal. l. 3.by an ignominious kind of execution to be made an Example to others; the rest of them punished onelyonly llforeign. Polyb. l. 6. foreign. Polyb. ibid. & Dio l. 49. & Appian. Parth.with some other kinde of disgrace. This tithing of delinquents by Lot to death we finde to hauehave beene mmS…eton. Cai…. 48.attempted onelyonly, without effect once by Caligula; but was indeed practised and put in execution at sundry and p. 82seuerall times, nnCaesis Centurionibus, foreign. Halicar. l 9. Ca…tera multitudo sorte decimus quisque ad supplicium lecti. Liu l. 2.by Appius, ooforeign. Dio l. 41. foreign. Appian. l. 2. Vis… & Suet. Cas. c. 69.by Iulius Caesar, ppCohortes, s… quae loco ceffissent, decimatas hord…o pa…it. Su…. Aug. c. 24.by Augustus, qqQui Medis irru…ntibus ceffissent, foreign. Dio l. 49. & Plut. Ant. reliquis bord…o praebito. Dio. & Appian. Parth.by Antonie, rrDecimum quemque ignominiosae cohortis sorte ductos fuste …cat. Tacit. annal. lib. 3. ra…rò ea tempestat…, & è v…tere memoria e…emplo. Ib.by Apronius, ssQuo… Spartac… in fugā conie cisset, ex 500▪50▪ foreign. Plut. Crass.by Crassus, ttNeronis Clas…rios …umultuantes d…cima…it. Suet. …alb. c. 12. foreign. Xip…i… Galb.by Galba; and lastly uuMilites seditiosus multos sapius deci…it, aliquando …tiam cent…fi…a…it, qu…m clem… so diceret, qui decimatione & visesimati…e dignoscen…es…mar…t. Capitolin. M…ri…by Macrinus, who sometime also to seeme milde (which in truth hee was farre from) would draw out one of an hundred onelyonly (as xxFabius Rull…, Front. stra…ag l. 4. c. 1. exem. 35. Rutilius, Ioan. S…ri…b. polyer. l. 6. c. 12. ex dua… leg…ibus qua loco cosserant vice…os sorte ductos s…turi pereussit.some other sometime did twentie apeice out of each Legion that had fled, yyId…m, vt Sari…b. Aqui…ius, v… Pro…t. ibid. exemp. 36. ternos e… centurijs quorum stati… ab hos… porrupta erat, securi add…xit.and three of each hundred of those that had giuen way to the enemy) for execution in that kinde. Neither is this manner of Military discipline altogether vnusuall with martiall men among vsus euen to this day; with whom Souldiers taken tardie sundrie of them together are permitted now and then to cast the dice for their liues vponupon the Drum-head, some of them to be executed, and some to be saued.

§ 14. From this vse of a Lot in generall spring those figuratiue speeches and phrases, whereby not aaIosh 1….1. & 16.1. Iud. 1.3. Chytr…us ibid. foreign. Eu…b. Odyss. foreign. Sors quod suum si… s…rte V…r…o de ling. Lat. l. 4.Josh 1:1Josh 16:1Judg 1:3that alone that by Lot is allotted any one, but bbPsal. 16.5. & 125.3. foreign. Schol. Aristoph. …esp. foreign. Eustath. Il. foreign. Nin… Eumaeus ex Domini … d… ait habere se foreign-Homer. Odyss. foreign. S…rs & pa…imoui… dicitur, & quod cuique a…iditi… sortiendo. Feft.Ps 16:5Ps 125:3whatsoeuer a man hath or holdeth, howsoeue… he come by it, by gift, purchase, descent, or ccEtiam meresqua…si h…reditarij. Es… 57.6. Vise In…. ibid. Si… Herat. …pod. 3. L…pi… & agni… discordiam sortitò obtigisse. quod Iu. Scalig. notat Po…t.l. 6. c. 7.Isa 57:6otherwise, p. 83is yet tearmed his Lot. Among the Greekes more specially ddforeign. H… find. oper. 1. Et, foreign. Hinc Demost. & Isaei foreign. Et foreign, haereditas contro…rsa. Vnde & foreign haredes, Seru. Aen. 10. & haereditas, foreign.an Inheritance is most vsually and vniuersally so tearmed. In way of reference whereunto, as God is said to be eePsal. 16.5. & 119.57. Deut. 18.2.Ps 16:5Ps 119:57Deut 18:2the portion of those that serue him, and they are said to be ffDeuteron. 32.9. 1. Pet. 5.3. Serui Domini in sorte sunt Christi. Ambr. de Tob. c. 20.Deut 32:91 Pet 5:3his Inheritance; so their right to glory and life eternall is said to be ggActor. 26.18. Coloss. 1.12. foreign.Col 1:12their Lot, not so much, as some of the auncients hauehave thought, hhforeign. Chrysost. ad Coloss. ho…. 2. Quar… sot… nomine appellat gratiam Dei? quia in sorte non est electio, sed voluntas Dei. Nam vbi merita considerantur, electio est, non sors. Quando autem Deus nulla merita nostra in…enit, sort… vol…ntaris suae seluo… nos facit, quia voluit, non quia digni sumus: hac est sor…; qua ex …o quod gratis datur, sors vocatur. August. in Psalm 30. conc. 2. & ibid. conc. 1. Ad tu…icam Domini sorte perueni. Vise & Ambros. in exhort. ad Virgines.Ps 30in regard of Gods free choise, as hauing respect to the generall nature of a Lot, which neither regardeth ought in the party whom it fauourably befalleth, nor is directed or determined at all in its motion by him; but because it commeth to them iiInde foreign Act. 20.30. Ephes. 1.14. 1. Pet. 1.4. Et foreign Ephes. 1.11. non, Sorte vocati, vt vulg. s…d, In sortem adsciti, vt rectè …za. Et foreign Galata. 4.1.7. Et foreign Ephes. 1.5. Galata 4.5.Acts 20:30Eph 1:141 Pet 1:4Eph 1:11Eph 1:5as by way of Inheritance, an eye had to the particular vse of it before specified in the setling of such estates. Hence it is also that in holy writ kkMicah 2.5. Non erit tibi proijciens funiculum ad sortem in congregatione Domini. Iun. i. Non habebis partem in hereditate iustorum. Hieronym.Mic 2:5to cast a Lot is put for to inherite: and that God is said llEsa… 34.17. Quum proijcerit sortem & distribuerit illis ad an…ss…m. Iuu. fun…culo. Leo Iud.Isa 34:17to hauehave cast the Lot vponupon some places for wilde beasts, and to hauehave diuided Lands and Countries out vntounto them by line; alluding to the courses vsed in diuiding of Land by Lot and mmPars & sortes antiquitus diuidebantur per funes. Idiot. in Psalqu…m 16.6. & Cassiod. Prisco more f…niculis terrarum diuidaebatur haereditas. Sic Deut. 32.9. Psal. 78.55. Inde fines dictiquasi foenes foreign. Io. Scal. ad Varr.Deut 32:9Ps 78:55line among such as were appointed to people and to possesse it. And in a word whatsoeuer betideth men, be it good, or p. 84be it euill, is said to be their nnEsai 17.14. sors & pars. Sieut H…r. Ep. 1. Qui fit, M. quod nemo, quam sibi sortem Seu ratio dederit, seu fors obiecerit, illa Contentus viuat? -Isa 17:14Lot and their ooIer. 13.25 Sors tu…, & portio demensi tui. Si…ut portio calicis, Psal. 11.6. & 16.5. non quòd sortes in calicem quandoque mittantur, vt Delrio Mag. tom. 2. l. 4. c. 4. q. 1. sed ad sortem demensam, prout Ier. 13. siue ad foreign conuiuales illas respiciendo.Jer 13:25Ps 11:6Ps 16:5Jer 13allowance, in way of allusion to this diuisory Lot, whereby Lands and Goods, either of inheritance, purchase, or prey, and parts or portions of diet, and rewards good and bad, hauehave from time to time bin vsually parted among many.