Question V: On sorcery by lots

SORTILEGE is divination by lots, which the ancients used, and indeed some Saints, as the Apostles, Acts 1, when they gave the lot for the election of the successor of Judas in the Apostolate, before they received the fullness of the Holy Spirit, as the Saintly Doctor observes, p. p. Centiloquii, sect. 29. And because some lots are just, others condemned as superstitious, therefore the diversity of these must be explained, that we may unmask superstitious sortileges, which the Saintly Doctor reviews in the speculum animae, cap. 1.

There are THREE genera of lots: Divisoria, Consultoria, and Divinatoria. Lots are divisory when by a cast of lots what is to be divided among each party is expected, for instance of two brothers, to whom this estate may fall, etc. They are consultorial, when by a cast of lots in doubtful matters the divine counsel is inquired into, what is to be done. They are divinatory, when from lots things to come are inquired into; and indeed these can be expected either from God, or from the Demon, or from chance.

DIVISORY lots are in some cases lawful, and are conceded in l. si duob. C. si communia de legatis, when equal power of choosing is given to two heirs or legatees, and they contend among themselves; the faculty is given of deciding the whole matter by lots.

They are LAWFUL indeed in secular matters which cannot otherwise conveniently be divided, for instance in the division of an inheritance between two brothers, or other co-heirs, for settling disputes. So teaches the Abbas in c. Ecclesiae extra de sortilegiis. Fagund. lib. 1. t. 40, Less. tom. 1. de Iustitia, lib. 2. c. 43. d. 9. Suarez Tom. 1. de Relig. lib. 2. de superstit. c. 12. Tanner. d. 5. quaest. 7. dub. 1. They are lawful also in honors or dangers, as if between two nations there is a dispute which town should first be attacked. So D. August. Ep. 180, and Lessius. They are also employed in another danger, when there are many Clerics in time of pestilence, and it is disputed who ought to remain to minister the Sacraments. So Fagund. Sanchez tom. 1. Decal. lib. 2. cap. 38. n. 59. Suarez n. 17., with D. Thom. 2. 2. quaest. 95 art. 8. Yet guard against injustices, losses, and profanations. See Bass. V. Divinatio.

Divisory lots are PERMITTED also in punishments, as if many are condemned to death for the same crime, and the Prince, to show clemency, wants to grant some pardon, but, to keep discipline, to punish some; by the lot of dice those to be saved and those to be condemned are chosen. So, with the authorities alleged, Delrius lib. 4. disq. cap. 4. quaest. 1. Finally, when in a storm some are to be cast into the sea, as Less. loc. cit., Fagundez num. 4., Delrius num. 60., Sanchez num. 62. note.

There is a QUESTION, however: whether lots are lawful for settling ecclesiastical disputes. First indeed, as regards election to ecclesiastical benefices, they are prohibited in cap. Ecclesia, extra, de sortilegiis. As to the rest: The first opinion asserts that it is lawful; another denies. A third concedes that it is lawful, provided it be done by public ecclesiastical authority. So Suarez, cap. 12. num. 12. Sanchez num. 79. Fagundez num. 7. The reason is, because it is nowhere prohibited in the law; which however is not proved privately, because there is a danger of invading a benefice under an unjust title. It is confirmed by the general rule in the matter of benefices, where it is decreed that a private pact over a benefice that is being litigated is not lawful, and that such a pact is Simony. That it can be done by the authority of a judge, the Gloss holds, in cap. licet causam, de probat. Hostiensis there num. 20. Abbas num. 37.

CONCERNING election indeed to benefices, all agree that it is not lawful, as is shown in cap. Ecclesia, and it is extended to the universal ecclesiastical election, in which jurisdiction, or the right of electing or renouncing, or an ecclesiastical dignity, benefice, or administration is given. So Suarez num. 5. Fagundez n. 10. And such an election will also be invalid, because it is against the form of elections given in cap. Quia propter, de elect., as Panormitanus notes, in cap. Ecclesia; see Bassaeus num. 3.

You will say: Matthias was elected to the episcopate by lot, Acts 1.

Fagundez answers that there lots are called suffragia. So in the Greek text we have: they gave them suffragia. But afterwards, thus he was elected to remove the scandal of the people, because Joseph seemed rather to be the one to be elected, since noble, and celebrated for justice and holiness, they asked of God a confirmation, which took place with a light sent down from God, which they call the lot. So also Lorinus on that passage, alleging Chrysostom. And D. Dionysius, de Ecclesiast. Hierar. part. 3. cap. 5., says that this lot was a Gift showing to that most noble assembly that Matthias had been elected. The same the Saintly Doctor teaches in the sermons on that Saint.

¶ Yet for civil offices election by lot is not evil; it can, however, be against distributive justice, if the less worthy is set in the lot with the more worthy. So Suarez cap. 12. num. 15. Less. cap. 43. d. 9. num. 58. Sanchez cap. 38. num. 58. D. Thom. quaest. 95. art. 8. Azor. tom. 1. lib. 9. cap. 21. quaesito un. Tolet. lib. 4. sum. cap. 15. Sylvest. superstitio, quaestio 9. Sayrus lib. 4. cap. 5. num. 20. Deltius lib. 40. cap. 4. quaest. 1., and all commonly, cited by Fagundez num. 15. See also Sigisin. dub. 26., with Basszo ut supra.

But the Canon law does not regulate except in the properly ecclesiastical matter.

C O N S U L T O R I AE lots are regularly illicit; they can, however, be lawful under these conditions. The first is necessity: Second, if they are done with God inspiring: Third, due reverence: Fourth, that they be not done about an undue matter, of which I treated just above. So Sanchez num. 83. Less. num. 60. Suarez num. 18. Fagundez n. 16. Bass. num. 3. Portel. de dub. reg. V. Venef. num. 21.

But without necessity, etc., to want God to show His will is to tempt Him who has not promised this, and the way is opened to the Demon, to insinuate himself by frauds.

That they can nevertheless be done prudently, the usage of the Holy Fathers shows, Iosue 7. Primo Reg. 10. Act. 1. So Prov. 16.: Lots are cast into the lap, but they are tempered by the Lord. So also S. P. Francis consulted God by thrice opening the Book of the Gospels, and again by turning over a companion, and also in other ways, as S. Bonaventure relates in his life.

I assert therefore, that divinatory lots are illicit and prohibited, cap. 1. de sortil. et 26. quaest. 1. cap. sortes. cap. Pervenit. cap. Si quis clericus. cap. Contra. cap. Episc. eadem 26. quaest. 1., and the Saintly Doctor relates it in the confessionali, cap. 3. particula 37. et 38. They are prohibited also by Sixtus V in his motu proprio.

It is proved, because knowledge of things to come is to be expected from God alone; but he himself never promised to announce the future by lots. So Fagundez n. 19. Suarez num. 27. Sanchez num. 88. Less. num. 61., and others.