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A01545 Of the nature and vse of lots a treatise historicall and theologicall; written by Thomas Gataker B. of D. sometime preacher at Lincolnes Inne, and now pastor of Rotherhith. Gataker, Thomas, 1574-1654. 1619 (1619) STC 11670; ESTC S102922 377,159 420

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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 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 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 sea●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
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