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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
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