into three Families according to Leuies three sonnes Kehath Gershon and Merari and 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 Lots cast by them for these their seuerall Families in what Tribes there should Cities be assigned vnto each So that the Princes set downe how many Cities each Tribe should affoord according to the quantitie 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 the foure Families drew Lots then which of them should haue the Cities set apart in each Tribe and so the Aaronites had 13. in Iuda Simeon and Beniamin the other Kehathites 10. in Ephraim Dan and the one halfe of Manasses the Gershonites 13. in Issachar Asher Nephthali and the other halfe of Manasses and the Merarites 12. in Reuben Gad and Zebulonâ— 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 vnto it from the Chaldean Captiuitie was a 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 the counterfeit Ben-Gorion or at least his abridger for the true Iosephus saith 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 of Tith Euery tenth one saith God of the Ballockes or neate and of thy flockes or lesser cattle goates and sheepe as they passe vnder 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 euery 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 vnto where he telleth his people by the Prophet that he would cause them to passe vnder the rod and bring them into the Bond of his Couenant that is by a Metaphore taken from Sheepheards that count their sheepe with a rod or a sheep-hookes he would search his people and sort them as the Sheepherd doth his sheepe to take the better sort of them reiecting and excluding the rest into his fold to bee in league with him and vnder his charge Againe in diuision of Booties of prey and spoiles taken in warre So are Lots said to haue been cast vpon Ierusalem when it was sacked by the Chaldees and her people by Lot shared among the Conquerors for Slaues As also the Nobles were of Nineueb in the sacking of that City whether by the Medians or by the Scythians by whom it was at seuerall times surprised And of Goods otherwise gotten as by pillage or stealth As where Dauid complained of his enemies that they had parted his garments among them and cast Lots vpon his vesture Which thing is by good writers iustly supposed to haue beene first practised vpon Dauid what time constrained to flie for feare of his life his house was rifled by his foes and his goods to his very garments seaâ—ed on and by Lot it is likely shared among them but was questionlesse the holy Ghost testifieth it fulfilled in our Sauiour when the Souldiers that executed him parted his garments among them and to saue it from quartering cast Lots apart vpon one of them to wit the Coate without seame the rather 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 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 many obserue not and yet Marke euidently saith were likewise by Lot parted to each of the foure 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 they are said to shew to this day three in number hee may beleeue it that lift one at Triers and two other at Saint Sauiors in Spaine and so some would expound Nonnus when hee speaketh of Christs passion though other with better reason vnderstand him of Mication or shifting of fingers the one diuining or guessing how many the other held vp which the same Author also else-where more largely describeth a kinde of Loterie aunciently much vsed aswell in serious businesses as in sport pastime Nor hindereth it but that Nonnus might well meane it though that cannot as they say be practised well but betweene two onely at once Poets 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 of the lower ranke of them But to leaue these vncertainties such a Lot as this Salomon alludeth vnto where hee bringeth in theeuish Companions not so much 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 promising him that he shall cast Lot with them that is shall haue an equall share with them in whatsoeuer they get as those are wont to doe and to haue that deale 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 some expound that of Dauids measuring out the Moabites with two coards to bee destroied and with one full coard to be saued aliue though the most turne it another way Yea so most
partition there is some scruple among the learned arising from the words of Gods Edict concerning it thus recorded by Moses Vnto these that is the 12. Tribes though Leui be left out because Ioseph 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 Name is also elsewhere vsed To many shalt thou giue 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 haue a larger portion and the fewer a lesse when each part was to haue its portion assigned it by Lot For the solution hereof some 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 haue said To many I will giue a larger portion and to fewer a lesse Diuide thou as equally and exactly as thou art able to doe by Loâ— and I will cause it to fall out so that the more men shall haue more Land and fewer men lesse or Doe thou diuide it into vnequall parts and I will make it fall equally to fit euery Tribes turne So that the casting of the Lots should be Ioshuas work onely 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 some of them were scanted in those portions that by Lot befell them whereof also they complained and others 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 that the twelue men assigned to that Office of diuiding the Land by Lot had a power by virtue of that Edict conferred vpon 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 vnto This indeed hath more shew of probabilitie then the former and wee 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 others haue conceiued that in that Edict there is mention of a two-fold partition and either of them necessarily required The former a generall diuision of the whole Land taking in that on this side Iordan held by the Reubenites Gadites and halfe the Tribe of Manasses into 12. Shires or Cantons equally diuided to be distributed by Lot the latter a 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 Iosua accordingly did For he diuided the whole Land among them by Lot He beganne the worke so soone as the Land was at any rest and afterward went on with it till he had made an end of it assisted therein according to Gods 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 vpon record For at the first Session or solemne meeting for the performance of that busines the first Lot fell to Iudas and the second to Ioseph in Ephraim Manasses At the second Assembly had the other seuen Tribes to wit Beniamin Simeon Zabulon Isacâ—ar Asher Nephthalim and Dan for thus by course their Lots came out their portions allotted them the rest of the Land not before assigned being diuided into seuen parts not by ten men as Iosephus but by 36. rather or 21. at the least three a peice out of each Tribe either of the whole Twelue or of 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 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 Others imagine that there was onely one pot of Tickets containing the names of the portions out of which one of each Tribe drew for the Tribe he was of Others lastly suppose that the Tribes names onely 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 which 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 the Lot came out first or second for such a Tribe which agreeth not with the third There was indeed a 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 among extraordinarie Lots considering especially how fitly the euent of it sorted with 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 vnto and that was aimed at in it by those that were agents therein is like to haue beene no other then an ordinarie partition of such possessions as by conquest and Gods gift were cast vpon 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 God 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 the Leuites were diuided
particular course nor liued from Hierusalem but had his imployment constant and his abode continuall about the Temple and to haue gone in then to burne incense for the solemne Fast of Atonement at which time onely the High Preist entred not with incense alone but with bloud also and that but once in the yeere into the innermost Sanctuary whereas Zacharie by Lot was assigned to do what he did 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 referring therevpon the one to the Spring toward the end of our March and the other to Midwinter about the latter end of December or the beginning of Ianuarie whereas the most auncient referred his birth-time to our Spring their Haruest about Aprill or May and other later ones of great note vpon grounds as vncertaine would reduce it to September or 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 Singers as those that were 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 are reported likewise to haue taken their turns by Lot as well for the nightly watch as for the daily ward The Offices themselues were it seemeth distributed who should be Singers who Porters c. by Dauid Nathan and Gad with other principall persons assisting them hauing warrant so to doe from God only the order and course of their imploiment in those offices was diuided vnto them or decided and determined among themselues vpon ioynt consent and generall agreement by Lot And hence ariseth the phrase vsed by Simon Peter to Simon Magus Thou 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 to annoynt Elizeus Prophet in his owne place which was done as the story sheweth not by powring oyle on his head but by 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 Cyrus is termed the Lords annoynted or that materiall oyle was powred vpon our Sauiour to that purpose because he is called Christ and Messias and is sayd to haue beene 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 some 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 Matthias his case disposed of by Lot because sacred Offices or imployments had sometime been thereby distributed Thus Augustine would haue it determined by Lot 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 it 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 viâ—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 haue 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 quarrell that had his Concubine rauished so that she died vpon 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 haue asked of the Lord at Shilo and of the Priest that stood before him there which Tribe should giue the â—usâ—t but their meaning is as 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 that abode abroad in the field The State there was then popular as 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 haue beene determined otherwise The latter Example is in a City businesse where the same people returned from the Babylonian deportation cast 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 euery side § 5. Neither was this vse of Lots lesse frequent among other nations then among Gods owne people most common in Democraties or popular Estates because they seemed iustly to carry the greatest equality and indifferency with them as they doe questionlesse though such indifferency indeed be not alwayes allowable nor such equality stand euer with equity but no strangers in any kinde 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 Plato in his imaginary modell of such an Estate as he supposed would bee most exact and absolute in all poynts would haue the most part of his Magistrates some few excepted as the Cheefe Iustice and the Generall for warre with other military places to 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 360 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 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 Sheriues fiue out of euery twelfth part of the City to gouerne the Territory thereunto appertaining diuided likewise into 12 parts it being by Lot determined yeerly which part of the City should send Rulers into this or that part of the Country Besides these hee requireth of six elected by most voyces out of the first Ranke three by Lot to be set apart for Surueighors of houses edifices high-wayes and water-courses in and about the City and often so elected out of the first and second Rankes fiue to bee Clarks of the market Againe one of 12 chosen out of the whole company of Competitors for Master of the Reuels and three of 12 that haue most voyces for Triers and Disposers of prizes in solemne games Courts 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 The election of Priests and such as haue 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 haue much concurred with him For first among the Greekes and more specially at Athens to let Sparta passe where I finde little done in this kinde by Lot saue that 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 by lot The Offices there were either wholly electiue as the Areopagites or Iudges that sat at Mars his hill vpon maâ—ters of greatest consequence as wilfull murther and the like 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 as it seemeth by putting together the names of all those of each ward that were capable of that dignity noted vpon 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 fifty a peece being extracted out of each of the ten Wards for Tribes they cannot well be termed 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 nine againe by the like course aduanced to further place of authority termed Rulers or Regents of which number were there 6 Masters of the ordinances the King or Master of their Ceremonies the Maior for the yeere and the Martiall After the 500 thus designed and the nine Regents called out of them 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 moneth to wit the tenth part of their yeere which next and so on to the yeeres end This decided by Lot all the Princes for so now they were stiled all of that Ward that had the white beane of the principalitie that then tooke place drew by Lot againe 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 a Commander or a Prouest whose gouernment in that kinde lasted but one day of the sauen neither might any one of the ten haue it more then once or aboue one day at once because the keyes of the Castle at Athens were in his keeping and so seuen of them hauing it in course as the white beane fauoured them three of them of necessitie were debarned of it 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 Courts that held plea of seuerall kinde of suits marked with seuerall letters set in seuerall colours as it seemeth ouer the seuerall Court gates by Lot they assigned 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 those also are reported to haue beene vsed in this businesse with the letters vpon them that belonged to those Courts each of which persons so allotted 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 vnto 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 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 diuided likewise among them by Lot which they did assisted by certaine Clerkes of the pleas designed also by Lot 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 that some were euer by a second Lotterie added after a iust number drawne that if any of them drawne formerly either were reiected vpon triall or deceased within the time of his Regiment the other might immediately supplie his place And 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 Ten Treasurers taken out of those of the best ranke Ten Controllers
or Auditors to whom most of the other Officers within certaine dayes after their time expired were to giue account of their gouernment free libertie granted any man that would stand forth to accuse them of or charge them with ought carried otherwise by them then ought to haue beene while they were in Office Ten Surueighors or Scauengers Ten Wardens of the Ports Ten Clarkes of the Market as also the Office of the Eleuen 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 vnto them for the making of Writs and entring of Actions as the Officers also of each Principality before mentioned had one the like chosen likewise by Lot to attend them for the keeping of 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 onely the King or the Master of the Mysteries and holy Rites dealt most in such matters but the Mayor for the yeere and the Martiall too had their seuerall imployments in that kinde for seuerall their superstitious seruices And besides them had they by Lot designed Sacrists tenne in number for the procuring of prodigies and the performance of certaine Superstitions vsed euery fift yeere as also Priests for their seuerall Gods as Ioue Vulcan c. wherein many others also concurred with them both in other parts of Greece and else-where as 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 Eye of the one to Rome the Head of the other yea of a great part sometime of the whole knowne world At Rome albeit it be reported of Romulus that he would by no meanes haue Priests appointed by Lot but by Election yet 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 said to haue imitated the Athenians but in truth tooke not their course not so much the Offices themselues ordinarily 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 the 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 the Dedication of a Temple the Nomination of a Dictator or Soueraigne Generall the keeping of Courts for Creation of some new Officers or the like vsed by Lot to decide whether should haue the honour of it But most ordinarie and vsuall was this their manner of decision when either one being to stay at home and the other to go abroad or 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 haue this or that charge As also when they were both together in the same seruice with equall authoritie they did sometime in the execution thereof by Lot daily take their turnes and 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 one at first onely ordained for Ciuill Iurisdiction at home because the Consuls were by occasion of warre oft called abroad then two as suites grew by accesse of foreiners to the City and after a greater number as the Prouinces encreased 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 Vice-consuls and vice-pretors with them such as by speciall commission continued in authoritie after their yeere expired or by speciall fauour vnder the Emperors had such authoritie conferred vpon them cast Lots together in common as well for the two seuerall Iurisdictions at home as for the sundrie Prouinces abroad To these in future times as the State spred were Questors or Treasurers adjoyned who had likewise their charge assigned them by Lot And of such as had beene Treasurers were Tribunes by Lot sometime designed when none offered themselues to stand for the office The 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 by Lot decided which Companies or Hundreds should be first demaunded their Suffrages and so giue a leading voice as it were to the rest For warlike imployment both Consuls and Praetors had their Legions and Armies now and then by this course also allotted them and 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 who when a suddaine muster was to be made in the time of his Consulshippe and none of the younger sort made apparance he cast Lots vpon all the Tribes and of that Tribe that came next to hand hauing cited him that was first drawne because he appeared not both confiscated his goods and sold him for a slaue For Ciuill Iurisdiction at first more sparingly but in latter times ordinarily were the seuerall pleas parted among them by Lot some to haue and trie Causes of Treason some of Murther some of Extortion and the like And 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 the Sorting of Suites not as some haue thought the ordering of Causes but the assigning of Iudges by Lot to preuent corruption and packing for the hearing of each Cause In which
case it was lawfull as well for Defendant as Plantiffe vpon iust ground to challenge any of the Iudges alotted him and some other then was by Lot likewise to be drawne in his roome As also sometime by Lot there was Counsell assigned the parties contending at the appointment of the Court. Beside these by Lot Augustus is reported to haue set a part a certaine number of Senators to consult with at set times about matters to be moued in open Court afterward or rather to dispatch businesses by without the Court yet so as by them the whole Court might seeme to haue some hand in them by Lot likewise 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 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 which continued so for a long time after by Lot he enjoyned two of those that had formerly beene Pretors to be chosen yeerely for the custody of the common Treasurie which through the euill successe of it lasted not long by Lot he assaied to reforme the whole body of the Senate chusing first himselfe a certaine number and after an oath administred to them giuing them power to name fiue a peece that they thought fittest for gouernment so that none of their owne kindred of each which fiue hee drew one but that deuice of his likewise tooke no great good effect in regard whereof he soone gaue it ouer againe In Tiberius his reigne were by Lot certaine assigned to cleare the Lawes in some cases then questionable And in Vespasians time either Mucianus or Vespasian himselfe or 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 Legates or Leiftenants for some of them had speciall power withall though but rarely designed by Lot In which case when the vse of Lotery was in that kinde sometime questioned though by some it were opposed yet the greater part went with it and would needes haue it still retained as a soueraigne preseruatiue against ambition and corruption and a singular remedy for the preuenting both of enmity and enuy In which regard they esteemed it as a kinde of diuine 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 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 a modell of Platoes old platforme is very frequent in this kind For 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 the fourth of December at which time those that seeke it hauing formerly made proofe of their Gentry haue their names cast all into one pot and brought in to the Duke before whom standeth another pot with as many balls in it whereof a fift part is gilt and the rest all siluer onely He draweth each mans name out of the one and withall a ball out of the other which if it proue a golden one he is thereupon admitted if a siluer one onely he staieth at least a yeere longer Againe in the choice of their Officers not so much the maine Offices as the Electorships are in part disposed by Lot somewhat after the manner that Augustus sometime vsed as not long before we shewed For first in the designation of their Duke their principall Magistrate there is Lotery vpon Lotery lotting and voicing in a prolix and intricate manner enterchangeably mixed the one with the other 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 vnder are then admitted are assembled together and come in order of place as they sit Lots first cast which side of them shall come first to the Lot-pot hauing as many balls in it as there be of them in all whereof 30. onely are gilt there a childe draweth for each of them till for 30. of them those 30. gilt ones be drawne For which 30. the childe draweth againe the second time out of another pot that hath 9. onely gilt ones The nine so drawne withdraw themselues into a conclaue where among themselues they name 40. such as haue each of them 6. voices at least Out of the 40. so named are 12. againe selected by Lot which 12. among themselues choose 25. each at least by 8. voices Of these 25. are 9. againe by Lot set apart which 9. nominate further 45. as before and those 45. being by Lot againe reduced to eleuen these eleuen chuse out 41. of the chiefe Senators which last haue power to elect a Duke These 41. then after an oath by them seuerally taken to chuse whom they iudge worthiest and some other solemnities performed write each of them in a scroll whom hee thinketh good The scrols are mingled together and then drawne as they come and the fitnesse of the person first drawne is discussed who if he haue 25. voices with him had wont aunciently to cary it without further adoe But of latter-times they go on and he that hath most voices aboue that number come he first or last to hand hath the place If none of them haue voices enough they beginne againe and continue till some one be nominated that hath Againe in their yeerely assemblies for the choice of other Officers all their Gentry that haue voice in Councell none of them excluded draw first for 60. gilt balls out of two pots by one Lotery the one halfe out of the one and the other halfe out of the other and then those 60. for 36. other gilt ones out of an other pot by a second Lotery And the 36. that haue thus drawne and lighted on gilden balls twice haue power to nominate to such Offices as are then to be chosen which they doe in this manner They go apart into certaine conclaues by nine and nine in foure companies Where all those of each company in order of yeeres draw out of a Lot-pot balls with markes vpon them for the seuerall Offices and according to the ball that each of
Interpreters vnderstand Gods speech where he biddeth the Prophet pull the flesh peice by peice euery 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 some of late vnderstand this also otherwise But of this vse euidently was 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 Inheritances among Coheires were by Lot oft diuided For so to passe by the Poets fiction of Saturnes three sonnes that should so part among them Heauen Sea and Hell as also the Grammarians groundlesse conceipt of Claros Lacedaemon and diuers other places that from hence should haue their names thus I say wee finde 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 Lotharius his foure sonnes Charibert Gunthram Chilperis and Sigebert parted the Realme of France betweene them after their Fathers decease Thus Fredericke 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 should Oedipus his two sonnes rather haue done and yet in part too it is said they did 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 willeth that the goods and chattels of euery Courtier deceased where a fourth part is to come to the Court be parted by the heire or Executor into foure parts and then Lots cast whether he shall chuse his three or the Court her fourth Where diuers good reasons also of this course are rendred for that It is commonly neglected that is held in common Men thinke they haue nothing at all if they haue it not apart and out of an enuious disposition like the wrong Mother in Scripture they suffer things oft to be spoiled rather then an other should haue 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 And our Common-law likewise among other courses of partition of Land betweene partners or female Coheires alloweth this for one 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 vpon the enfranchising of some that were Foreiners or not free before had each one oft his house or portion of Land or Tribe he should belong to assigned him by Lot A thing expected of the poorer sort at Solons hand in the alteration of the Athenian estate but indeed executed by Lycurgus though not without much adoe in the Spartan Common-weale as also by Romulus in the first founding of the Romane estate And in Egypt it is reported that they were wont yeerely 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 Greekes 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 the Hunter that sold the Coorier the Beares skin ere he had killed or caught her diuiding more among themselues then either they had presently in possession or indeed euer attained vnto When a Countrey was surcharged with multitude of people or 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 whether Tyre or Askalon should first be assaulted a Lot was vsed to end the strife 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 mens person was vsually parted by Lot In which kind not vnworthy the rehearsing is Probus the Romane Emperors act who when an Horse taken in the field was presented him reported to be able to trauell a hundred miles a day euery one made account that he would keepe it to himselfe he said it was a beast 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 haue it In distribution of gifts or rewards or almes where euery ones turne could not be serued or 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 By Lot Danaus is reported to haue disposed of his Daughters among the sonnes of Aegyptus By it the two Tarquines Titus and Aruns are by some said to haue decided whether should haue the kissing of their Mother first when the Oracle had told them that He should raigne that gaue his Mother the first kisse wherein Brutus their Cozen is reported to haue gone beyond them both by kissing his grand-mother the Ground But others say that they agreed both to kisse her at once By it Paris and Helen are likewise said to haue decided the controuersie betweene them about the naming of a Daughter that he had by her whether it should beare his name or hers Where it is vncertaine in certaine cases at the Ciuill law whether party is Plantiffe and whether Defendant both commencing suite as they may
the matter is put to a Lot by those in whose power it is so to dispose of it it may be truely said that it was Gods will to wit his disposing will that the Lot should go as it hath gone But it is no consequent therefore that according to Gods directing or enforming will it ought in regard of right so to haue gone as it hath CHAP. VI. Of ordinarie Lots Lusorious and of the lawfulnesse of them § 1. HItherto we haue considered of the former sort of Ordinary Lots which wee tearmed Serious because applied to the determining of more serious affaires We are now to proceede vnto the latter sort of them which some tearme Sporting some Ludicrous some Lusorious Lots and are such as be vsed in game sport or pastime for recreation and delight Within which compasse I shall make bold to draw in those solemne games if we may so tearme them so commonly stiled though indeed rather exercises of valour strength and actiuitie or trials of arte and skill and dexteritie in some facultie which were so famous and frequent of auncient times both in Greece and Italy but especially among the Greekes In or about Game therefore is a Lot said to be vsed when either the ioyning and beginning or the issue and euent of it is put to some casualty either in whole or in part So that the kindes and courses here vsed are diuers For sometime the ioyning or beginning of a game or sport onely is put to a Lot As when by it is determined who shall play and who stay out or who shall ioyne on a side which in shooting is done vsually by shuffling of arrowes together behinde some one mans backe and then casting them aside the one halfe one way and the other halfe an other way in bowling by casting a certaine number of boules belonging to seuerall men out of one mans armes at once and those mating whose bowles meete neerest together Or of the two sides whether shall leade and beginne which at Tables is decided commonly by the casting of most points in Ches-play by turning a pawne on the bord according to the colour of the square or quarter that it staieth or resteth vpon or by the ones guessing at two pawnes hidde in the others two hands Thus at those famous Olympicke games the wrestlers and Combatants were conioyned by paires as the Runners and Riders by foures or more as they drew the like letters and tooke their turnes according to the order of those letters the odde man if any were vndertaking him that had the better of that paire that fought last Thus as there so elsewhere also at Charet-driuings and Horse-races as also at running or rowing for wagers and the like the Contendents had their stations or standings assigned them likewise by Lot yea and as some guesse the Combatants also their weapons Beside that in shooting and singing or playing and the like where two at once could not shew their skill they had their turnes and courses determined by Lot And the Masters of the Reuels at Athens had the Minstrels of the City by Lot shared among them And if in any of these exercises it were ambiguous who had done best or who indeede had won the wager two it may be at once comming home to the gole or the like it was it seemeth in the power of the Triers either to part it betweene them or to put it to Lot whether of the two should haue the prize due to the Victor Againe in lesser yet and lighter matters when in priuate they were disposed to be merry together they drew Lots sometime who should tell his tale first or who should first reade the riddle or assoile some question propounded with a reward for him that could reade it aright or who appose either other in some schoole-question or the like And lastly as in their merry meetings they drew Lots commonly for some one of the Company to be Master or Moderator of their mirth not altogether vnlike the custome of chusing King and Queene vsed in many Countries at some speciall times saue that they did it vsually with dice or the like these with a beane and a pease the former whereof they vsed in choise of their Magistrates So the younger sort had a sport of chusing them a King by Lot who was to enioyne the rest what he would and they to doe what he enioyned them in which kinde as Cyrus his cariage though a child and in a childish sport yet discouered in him a kingly spirit and courage so Athanasius his acting of a Byshop among Boyes like himselfe in the like is reported to haue giuen a graue Byshop that beheld it good hope that he would indeede proue that which afterward he did succeeding him in his Sea § 2. Now in these cases a Lot is vsed though about game yet rather out of it then in it onely to make a beginning and entrance into it But otherwhiles it is vsed for the directing of the game it selfe and the issue of it either in part or in whole In part onely as in those games wherein beside the Lot arte and industrie is required for the further managing of that which hath thereby been allotted as in many games at Cards and Tables wherein a Lot is indeede vsed for the distributing of the Cards amongst the Gamsters and in assigning each of them his chance thereby ministring vnto them matter further to worke on but there is arte and skil beside that to be imployed by them for the managing of their game and for the working vpon that which casualty hath cast on them Which kind of game that it was not either vnknowne vnto or vnusuall among the auncients beside other euidences hereby appeareth in that they many times compare mans life to such games wherein a man cannot make choise of his owne chaunce but yet by arte and skill is to make the best vse hee can of that which doth casually befall him In whole where the Lot absolutely determineth the issue as not onely in diuers games both at dice and cards wherein nothing is further looked after but the fall of the dice either who throweth most or whose chance commeth first and the goodnesse or the fitnesse as it is accounted of the chance or of the cards but in sundry other sports also not vnknowne wholy to the auncient as beside that Mication or Shifting of fingers which wee spake of before vsed much still in Italy as well in sport as otherwise in diuers other childish pastimes as Cockall Euen and Odde Heads and Points Crosse and Pile and the like the most whereof we finde either wholy the same or very neere the same to haue beene aunciently vsed To which kinde of Lot-sports or Lot-games which shall be the last and so I
to the superstitious and sauage demeanour of Baals Preists toward themselues and in this generall manner the best and most Interpreters there take it The word therefore there vsed is too weake a ground to beare a frame of such weight as is here built vpon it For as for Gods immediate sitting and sentencing in Lots of which further anone the conceipt of it breedeth a superstitious vse of them the rather therefore to be abhorred from some taint whereof that speech of the same Authour cannot bee freed where he saith that Lots are auaileable for the finding out of the most hidden things as they haue beene vsed oft to that end as also that by them such doubtfull things may be determined as no wit or skill of man is otherwise able to decide For what hidden truth can by any Lot be discouered or what can be decided or determined by a Lot that might not bee determined by any third party yea by a childe or Idiote as well as by a Lot if it should please the parties contending to referre themselues thereunto § 10. Secondly for the instances alleadged To reason on this manner Lots were once Gods Oracles in these and these cases therefore they are so in all or Lots were sometime extraordinarily Gods Oracles in some cases whereunto they were by God then specially for that purpose assigned therefore they are so alwayes both the consequence is vnsound and the consequent vntrue For first it followeth not If sometime extraordinarily then euer The noise that Dauid heard ouer his head in the mulbery-trees was Gods Oracle to him shall the like rustling that wee may chaunce to heare in trees ouer our heads be therefore a diuine Oracle to vs The Philistines speech to Ionathan and his Armour-bearer was as an Oracle of God to them shall the like answere therefore be the same now to vs or must it needes therefore bee euer such Againe that Lots are not alwaies nay not at all now Gods Oracles or any such diuine sentence it is euident For first Gods Oracles and sentences are certaine and constant for his word and sentence is yea and amen as himselfe And so were those Lots whereby God somtime gaue sentence as that which Achan was discouered by which had it therefore either beene oft cast or cast by diuers persons at Gods appointment at once would still constantly haue lighted on no Tribe but Iud◠no kindred but the Zarchites no houshold but Zabdies no person but Achan But then an ordinary Lot there is nothing more vncertaine ready vpon euery new shaking of the Lot pot to giue out a new sentence For suppose we that some one Minister of a whole hundred in our head City should by Lot be selected to visite the Pesthouse would the Lot drawne in this case foure or fiue times together with neuer so great solemnity light certainely and constantly euer on the same man Or suppose foure or fiue seuerall Companies in seuerall places should after the busines solemnly by praier commended to God cast Lots vpon the selfe-same imployment among the same parties were it certaine yea or probable that they should all light vpon the same person Or were it not triuolous if not impious therefore to say that vpon euery second shaking or drawing GOD altreth his sentence and so to accuse him of inconstancie or that to seuerall Companies he giueth a seuerall sentence and so to charge him with contradiction and contrariety Secondly Gods oracles are euer according to iustice and equitie but the sentence of a Lot is not certainely such For suppose a matter of right wherein he that ought to yeeld will not yeelde by mutuall consent therefore of necessity put to a Lot dare any man say certainely that it shall go with him that hath right Or in warre suppose a whole troupe put to cast Lots for their lines among whom there are many that are no way at all faulty dare any say that the Death-lot shall light on no one of these but vpon those alone that indeed haue deserued to die as in Achans case a man might well confidently say that it should surely light on him that was the delinquent and on no other whom by such meanes God had then giuen warrant to search for No a Lot regardeth no more right then wrong no more guiltlesse then guilty ready to go indifferently for or against either It is none therefore of Gods sentence Thirdly if a Lot were Gods sentence what need men be so curious in examining and trying the fitnesse or vnfitnesse of those that they admit to a Lot for the bearing of any Office either in Church or Common-weale For I spare to aske of the Popish sort why they therefore forbeare to elect Ecclesiasticall Officers by Lot if a Lot be Gods sentence because such things say they must be done by the inspiration of Gods spirit◠as if Gods spirit and his sentence were not sure to concurre For is not God as well able to iudge of their fitnesse or vnfitnesse as man is Or doe they distrust God and feare that he will be partiall in his sentence whose constant commendation is that he is no respecter of persons The generall care therefore in this kinde of all those that vse Lots in any such weightie affaire sheweth euidently that they doe not esteeme the Lots verdict Gods Oracle but a sentence so vncertaine so inconsiderate so heedlesse that it might well run with them into a whirle-poole drawing Church and State after it if by humane caution it were not the more warily managed Was there any such feare thinke wee in the Lot that Samuel cast for a King or any need of such caution to haue beene obserued in it § 11. Lastly it a Lot were a diuine sentence it were vnalterable and vnchangeable such as men were euer bound to rest in and abide by vnder danger of sinne and disobedience without further inquisition consultation consideration or forecasting ought for the worse or the better Mans sentence is sometime held such Gods euer much more Yea so it was in those Lots wherein God extraordinarily gaue sentence as in Sauls and Matthias his whereas in ordinary Lots it is farre otherwise For first in priuate affaires no man is bound to stand to the euent of a Lot which hee neuer gaue consent vnto In priuate affaires I say because in some cases the Law enableth the Magistrate to compell the parties contending will they nill they to bide by it which yet he is not permitted to doe in more cases then in the letter of the Law are expressed It were an idle thing for a young-man to tell his Parents that of two Maidens motioned to him for mariage such a one of the twaine which they like not of yet they ought to giue their consent with it is a learned mans
instance and that approued by him of a Noble mans sonne because hauing cast Lots for direction after inuocation of Gods name in that busines the Lot had light vpon her Much more idle yet were it for him to beare one downe that she ought in conscience to haue him and no other but him and that without guilt of sinne and disobedience she might not refuse him because God in a Lot cast by him had giuen such a sentence And yet were a Lot Gods oracle it should necessarily binde not expecting mans priuity or consent thereunto yea where it was Gods oracle it did necessarily so binde as in Sauls case nothing willing at the first but enforced in some sort to condescend vnto that which the Lot imposed vpon him Secondly by mutuall consent it is no question but that men may alter and change their Lots either with other as Leuinus and Marcellus sometime did at the request of the Senate vpon suite made by the Sicilians whom Marcellus one they sorely feared was else to haue had But may any by mutuall agreement alter Gods sentence as the wife to leaue her head and breake the couenant of her God because her Husband is content to agree thereunto Or to hold to a Lot where it was a diuine Oracle might Saul so elected haue surrendred his right to another though the people should haue benne willing also to haue yeelded thereunto Or might Matthias haue resigned his place to Barsabas and Barsabas by ioint consent haue taken it of him Yet if in choise of a Minister for the Pest-house should the Lot light on one that as Prochorus the Counterfait fableth of Iohn when hee saw that by Lot he was to go ouer sea into Asia should for feare presently sinke downe in a sownd and some other more hardie then he offer himselfe voluntarily to that office were it not lawfull to accept of him or were it wisedome to refuse him and presse the other to it so vnfit for it Yea lastly in some case it were a sinne for a man to retaine that which by Lot is befalne him For may a man with a good conscience keepe his brothers right from him which the iniquitie of a Lot for quietnesse sake yeelded to by the other hath against iustice cast vpon him and say it is Gods sentence yea may not the wronged party lawfully endeauour by conuincing him in conscience of the wrong that he hath done him to recouer his right if he can Or as Matthias should haue sinned in renouncing his Apostleship so did not Phannias that sely Idiote as well sinne in accepting of the High-preistship though assigned him by Lot And yet by these mens positions should that Lot also be Gods sentence and his choise thereby Gods immediate call to that office A senslesse conceipt to suppose that any man should sinne by following Gods call by doing after Gods sentence § 12. Where it is to be obserued that howsoeuer it is here pretended that the very Heathen held their Loteries euer to be most religious and inuiolable yet in truth it is not so They esteemed it indeed a very prudent and politike ordinance for the preuenting of diuers inconueniences yea in some sort too religious as in their publike affaires it was ordered in regard of some superstitious rites vsed about it as about all other their solemne yet ciuill employments either publike or priuate And in that regard held they it an hainous offence for any priuate man to alter the course of any busines which the state thereby had established But yet they reputed not the Lot to be so sacred and peremptorie a sentence but that they might reiect those that it had lighted vpon if they either already knew them or vpon further triall found them to be vnfit Yea and but that otherwise they might and did vsually goe from it sometime in case of necessitie when by accident the partie was disabled to doe that which by Lot he ought to haue done sometime in case of religion the partie being thereby restrained from going whither the Lot had assigned him sometime at the suit of the parties themselues sometime at the earnest intreatie of some others sometime vpon one consideration and sometime vpon another when after the Lots cast vpon better aduice they misdoubted that it might proue any way preiudiciall to the publike if the course were not altered In which kinde they are as deseruedly to be approued and commended so to be preferred before the superstitious Iewes who rather then they would breake the order of the Priestly imployment in set courses at first setled by Lot suffred the seruice of God for some space of time in the siege of their Citie to be wholly neglected because all the Priests of that course then present there were vtterly destroied that ought at that time to haue done the seruice True it is indeed that in the Ciuill Law all Appeale is denied ordinarily from the sentence of a Lot But that is not as some of them fondly say because the sentence of a Lot is the sentence of Fortune or of God who hath no superiour in this worldâ— but rather as others with better colour of reason because this course is taken for more speedie dispatch because by flying from it in diuers cases they shall but hinder either other from euer comming to any issue because a Lot is the most equall and indifferent course that can be and no corruption or partialitie can be charged vpon it and lastly because commonly it is by mutuall consent that matters are put thereunto in which case their owne act iustly concludeth either side Agreeable whereunto is that of Plato who in his State inhibiteth all appeale from those Iudges that the parties themselues haue made choise of by mutuall consent As also in the Atheâ—ian Estate though they might appeale to the principall Iudges from such Arbiters or Vmpiers as by Lot were assigned them yet from such as by mutuall agreement they had referred themselues vnto it is apparent that they could haue no appeale Let me adde one thing further that in some cases at the ciuill Law though no remedy ordinarily bee granted in a diuision by Lot made with some inequalitie because the hazard of lighting vpon the lesse part and so of sustaining the losse was alike vnto either yet it is the opinion of good Lawyers that if the inequalitie be ouer-great the Magistrate may lawfully interpose his authoritie for the redressing of the wrong To draw all to an head then and so to end with this argument let any man endued with ordinarie reason iudge how a Lot can be said to be a sacred Oracle and a diuine sentence that neither absolutely tieth any man for matter of fact nor doth certainely determine ought in question of right that neuer speaketh certainely
shall haue this place who that place or who be admitted and who excluded is ordinary and but diuisory but to expect that God should thereby reueale whom hee deemeth fit or vnfit or whom he hath fore-assigned to any office is extraordinarie and diuinatory And so here to determine by Lot what course a man shal take of two equally and indifferently propounded is ordinary and maketh a Lot meerely diuisory or if consultory but improperly so tearmed but to enquire or determine by it what course is best to take as likely to proue luckiest and most successefull is extraordinarie and maketh a Lot diuinatorie and consultorie properly so tearmed Now to this purpose are Lots found vsed either where the attempt it selfe is questioned or where the attempt and busines it selfe is resolued but the circumstances of time place and person are yet vndetermined First where the attempt it selfe is not fully resolued on As where Ionathan and his armour-bearer agree to shew themselues to a garrison of the Philistines who if vpon discouery of them they should will them to stay till they come to them they would then stay their attempt and not proceede on with it but if they should call them to come vp to them they would go on in their attempt taking that as a signe that God would giue them victory against them Which when they had accordingly made triall of and the Philistines inuited them to come vp vnto them they clambered vp the rocke on their hands and their feete to them and GOD discomfited the Philistines that they fled before them and they slew a twentie of them within compasse of an aker of ground It was not a coniecturing of the mindes or courage of their aduersaries by their answere as some of the Rabbines haue supposed but a signe that Ionathan set himselfe much like that of Eliezer Abrahams man before mentioned whereby he minded to discouer whether God were pleased to further and giue successe to them in that enterprise or no. § 8. Secondly Lots haue beene thus vsed where the attempt or busines it selfe hath beene resolued on but the circumstances of time place or persons haue beene vndetermined Sometime they are found vsed where the persons against whom the attempt should be giuen are vndetermined and question being of twaine or more it is decided by Lot which of them shall bee first dealt withall Thus it is said of the King of Babel Nebuchadnezar that he should stand at the head of a crosse-way where two turnings were the one leading toward Iury and Ierusalem the other toward Ammon and Rabba their head City there he should consult with his Diuines that is his Soothsaiers or Sorcerers and among other courses beside inspection of the liuer and entrailes of beasts sacrificed a practise among the Heathen likewise much vsed thereby to coniecture what successe he should haue hee should draw Lots also to trie which way were best for him to take whether to bend his forces in the first place against Ammon or against Iuda against Ierusalem or against Rabba and the Lot in his right hand should come forth for Ierusalem God in his secret prouidence so disposing it as he fore-telleth by the Prophet for the deserued destruction of his owne rebellious people Now this diuination of theirs was performed and practised as some thinke by mingling of arowes with seuerall inscriptions which being first secretly shuffled were after openly drawne out as others thinke by casting vp of a rod or shooting of an arow as directly as could be plum vpward into the aire obseruing on which side it lighted when it came downe the clause that both build on is somewhat ambiguous and by diuers others turned otherwaies as others againe thinke by stones with inscriptions or markes on them the one for Ierusalem the other for Rabba which is not altogether vnlikely Howsoeuer it were it is apparent by the place that some kinde of Lotery or other was vsed in that consultation of his and therein Authors all agree The like course may be thought to haue beene vsed also by Senacherib King of Assur howbeit the one tooke not the same effect with the other because it pleased not God to grant that successe to the one that hee thought good to vouchsafe the other Sometime againe are Lots vsed where all other circumstances are resolued on and the time onely vndetermined Thus â—hen Haman had resolued to doe what he could for the destroying and rooting out of the whole Iewish nation he caused Lots to be cast for the day and the time that is by Lot he made enquiry what time would be fittest and most fortunate for the enterprising or executing of that his exploite And the Lots being cast in the first month Nisan about our March from day to day and from month to month fell out vpon Adar the twelfth Month much about our February neere vpon a twelue-month betweene what time it fell out contrarie to Hamans expectation and to that successe that his Sorcerers had by their sorceries promised him As the like delay vpon the like ground was a meane to saue a noble Romane in the enemies hands and gaue Caesar a famous victorie against the Germanes when they looked to haue had the like against him Which custome the auncient Frislanders are reported also to haue ordinarily vsed and that a certaine Christian Bishop with diuers his Disciples being oft put vpon it the casting Lot neuer lighted either vpon him or vpon any of his companie saue one alone who by that meanes was made a Martyr § 9. This kinde of diuination was very common and vsuall among the Heathen whose Idoles also vsed to giue their answeres oft times by Lot Whence it came to passe that their Oracles were in generall called Sortes or Lots though giuen many of them otherwise and their Wisards or Soothsaiers were called Sortilegi or Sortiarij which name of Sorcerers and Sorcery we likewise now giue generally to Witches and Wit chery of all kindes The meanes and manner of their performance thereof were manifold as were also the matters and affaires wherein they made vse of it For the Sclauonians as the Iewish Rabbines write of them vsed to pill a sticke or a greene-peice of wood on the one side leauing the barke on the other side and then casting it vp into the aire by it to coniecture of the good or bad successe of their busines intended as it lighted with the barke or the bare side of it vpward Not altogether vnlike that which is reported of the Chinois that they vse to the like purpose two stickes tied together with a string of some length on the one side flat and round on the other which stickes if they light and lye both alike on the flat side they account it a good signe if vnalike an euill signe As also