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Textbook Ebook Courts Jurisdictions and Law in John Milton and His Contemporaries Alison A Chapman All Chapter PDF
Textbook Ebook Courts Jurisdictions and Law in John Milton and His Contemporaries Alison A Chapman All Chapter PDF
29 28 27 26 25 24 23 22 21 20 1 2 3 4 5
A Note on Texts ix
List of Abbreviations xi
Preface: Making Sense of Many Laws xiii
1 Introduction 1
2 Defending One’s Good Name: Free Speech in the Early Prose 23
3 Monstrous Books: Areopagitica and the Problem of Libel 50
4 Civil Law and Equity in the Divorce Tracts 78
5 Defending Pro Se Defensio 99
6 The Tithes of War: Paying God Back in Paradise Lost 131
7 “Justice in Thir Own Hands”: Local Courts in the Late Prose 151
Afterword: Justice in the Columbia Manuscript 170
Acknowledgments 183
Bibliography 185
Index 201
on Texts
C M , John Milton, “John Milton Letters, 1649–1659,” a notebook known as the Co-
lumbia Manuscript. Columbia Rare Books Library X823M64 S62, Columbia Uni-
versity, New York.
C P E P , John Milton, The Complete Poetry and Essential Prose of John Milton, ed.
William Kerrigan, John P. Rumrich, and Stephen M. Fallon. New York: Modern
Library, 2007.
C P W , John Milton, The Complete Prose Works of John Milton, ed. Don Wolfe et al.
8 vols. New Haven: Yale University Press, 1953–82.
L R , Joseph Milton French, ed., The Life Records of John Milton. 5 vols. New Bruns-
wick, NJ: Rutgers University Press, 1966.
M C , Joseph Milton French, Milton in Chancery: New Chapters in the Lives of the Poet
and His Father. New York: Modern Language Association, 1939.
P S D , John Milton, Joannis Miltoni Angli Pro Se Defensio. London, 1655.
Preface:
Making Sense of Many Laws
One goal of this book is to introduce readers to an early modern world whose
jurisprudence was much less standardized than our own. The entries below
explain some of the principal kinds of law operative in seventeenth-century
England and key terms that I use to discuss them.
Roman law. To understand the laws of Europe, both secular and sacred, we
have to appreciate the foundational role that Roman law played in early
modern legal thinking and practice. During the classical period and the
early days of empire, Rome was regulated by a sprawling, heterogeneous
collection of statutes, legal customs, and courtroom procedures. In the
sixth century, this body of law assumed a more clearly defined shape
when the emperor Justinian ordered the compilation of the Corpus Juris
Civilis—literally, the “body of civil laws,” those laws that govern the
civis—thereby digesting all of the various laws that had regulated a vast,
diverse society into a single authoritative body of texts.
Canon law. In the twelfth-century Bolognese Renaissance, church scholars
discovered the Corpus Juris Civilis and realized that with some adapta-
tion, Roman jurisprudence could serve as an effective foundation for
the emerging canon law of the church. For example, the canonical ius
patronatus, which regulated the transfer of gifts and property between a
designated lay patron and the church, was modeled on the Roman laws of
patronage. As the church extended its reach, the Roman-based juris-
prudence of the canon law flowed with it and became a kind of universal
connective tissue binding together laity and clergy in all of their complex
xiv Preface
the Continent. Instead, common law was based on case law, meaning that
it had accreted over centuries on the basis of courtroom decisions, and
while many of these decisions had been recorded in law reports written
by individual jurists such as Sir Edward Coke, these reports were not
themselves formal expressions of what the law said. Some scholars use
the term “common law” in a restrictive way to exclude the growing body
of statutes. However, because early modern common lawyers and judges
frequently cited statutes in their writings and because most MPs thought
of their legislative acts as contributions to the corpus of the common law,
I use “common law” to encompass both case law and statutory law.
Natural law. Despite its name, natural law is not an actual legal system. It
is instead the belief that God created the universe in accordance with
certain fundamental principles—i.e., that there is a “law” that regulates all
of “nature”—and that these principles are discoverable by human reason.
Natural law assumed new jurisprudential relevance in the seventeenth
century as jurists such as Hugo Grotius and John Selden used it as a con-
ceptual yardstick for measuring the validity of purely human and applied
laws. Thus natural law was behind the emergence of an early modern dis-
course of inalienable human rights and the development of international
law, since both human rights and international law presumed a legal order
that transcended the dictates of any one national code.
Positive law. Positive law literally means law that is “posited” by a human
institution. The English Parliament added to the nation’s body of positive
law each time it created a statute, as did judges each time they issued a
ruling in a case that could then serve as a precedent. At least in theory,
positive law is different from natural law since while positive law is the
result of localized human enactments, natural law is an expression of
cosmic natural principles.
civil law (lowercase “c”). At various points in this book, I will be concerned
with matters that did not rise to the level of criminal offenses. In these
cases, I use the term “civil law” to indicate private matters that were
prosecuted by individuals, as opposed to criminal threats to the common-
wealth that were prosecuted by the state. This lowercase “civil law” must
not be equated with uppercase “Civil law,” the collected legal traditions of
the European states. I risk this confusion only because the civil/criminal
division is such a standard part of our modern lexicon that it offers the
best means to talk about different categories of offenses.
Equity. As I have wrestled with the terminological predicaments of ius
commune/common law and civil law/Civil law, I have often wished that
xvi Preface
Introduction
One of the greatest obstacles that modern readers face when trying to under-
stand early modern English courts and law is our tendency to project back-
ward an idea of law as a unified fabric of norms with a relatively well organized
and consistent judicial apparatus. While law in the modern world has its share
of internal contradictions and jurisdictional struggles (e.g., tussles between
different US courts or federal agencies), these are far less pronounced than
the realities that early modern men and women took for granted. A compari-
son of two seventeenth-century English courts—the Court of the Admiralty,
which followed the procedures of the Civil (or Roman) law, and King’s Bench,
a top common law court—throws these realities into high relief. In the Civil-
ian Admiralty, clerks compiled a dossier of evidentiary documents written in
English; the defendant could testify under oath on his own behalf; witnesses
could be compelled with subpoenas; and the verdict was given by a judge
who could order what we would call specific performance or an injunction
(respectively, orders that someone either do something or quit doing it) but
who could not ordinarily award monetary damages or apply capital punish-
ment. King’s Bench differed in each respect. Evidence was strictly oral and, at
least at the beginning of the early modern period, apt to be conducted in law
French; the defendant himself could not testify, owing to concerns about self-
incrimination; there was no judicial means to compel witness testimony; the
verdict was given by a lay jury; and while the judge could sentence offenders
to pay damages or send them to prison or the gallows, he did not have injunc-
tive powers. In London, these wildly different procedures could occur at the
2 Chapter One
same time in courtrooms just a few miles apart.1 Moreover, these differences
in legal procedure were matched by differences in legal substance, meaning
that the “contents” of the Civil law, or what it said, could be as unfamiliar to
common lawyers as the procedural methods by which those “contents” were
applied.
As this example indicates, the jural world of seventeenth-century England
was a complex jurisdictional patchwork in which multiple legal systems (e.g.,
common law, Civil law, canon law, equity, forest law, merchants’ law, etc.) were
administered by various judicatures (e.g., Chancery, King’s Bench, Admi-
ralty, manorial courts, franchise courts, etc.). And the relationships between
these legal systems and their associated courts constantly shifted as each one
struggled to protect or enlarge its own remit, usually at the expense of others.
The common law courts were acquiring greater control over adjudication,
but this steady shift in the balance of judicial power only heightened every-
one’s sensitivity to the boundary lines between different courts and different
legal systems. Eyeing the period’s variegated legal terrain, historian Charles
Gray observes that law in sixteenth- and seventeenth-century England was
unique because it was “more deeply federalistic than [in] earlier and later
periods.” As a result, “jurisdiction was taken more seriously, its problems han-
dled more delicately, because the mixed nature of the system was perceived
as an essential and legitimate feature of it.”2 Building on Gray’s work, Bradin
Cormack has argued that many literary works written between 1509 and 1625,
including ones by More, Spenser, and Shakespeare, are animated by contem-
porary jurisdictional struggles and in turn helped to reinforce them. Cormack
makes a powerful case that thinking productively about literature and law in
the early modern period requires thinking about literature and many different
kinds of law.3
As this book argues, one of the best ways for modern readers to understand
the jurisdictional variety of seventeenth-century England—and the challenges
and opportunities this variety presented for those committed to justice and
to social, religious, and political change—is to read the works of John Mil-
ton. In each of the chapters that follow, I take up one or more of Milton’s
1. In a city such as Durham, various courts could even sit side by side. See A. Green, “Law
and Architecture.”
2. Gray, Writ of Prohibition, xv. See also Dawson, History of Lay Judges, 2–3. On the
problems this variety presented to early modern state formation, see Lemmings, Law and
Government.
3. Cormack, Power to Do Justice.
Introduction 3
4. Despite gains in recent years, the body of criticism on Milton’s extensive interests in
law still remains small. While I signal specific critical debts in the chapters that follow, I here
acknowledge more general debts to the following: Greenberg, “Law”; Kahn, Wayward Con-
tracts; Rosenblatt, Torah and Law in Paradise Lost; Shawcross, Development; and Jenkins,
Inheritance Law.
5. Milton’s legal biography is explored in more detail in Chapman, Legal Epic, 16–25. Chris-
topher N. Warren has demonstrated Milton’s sensitivity to questions of international law in his
Literature and the Law of Nations. On his experiences suing in England’s equity courts, see
French, Milton in Chancery, and Chapman, “Lay Reader’s Guide.” In subsequent chapters,
I take up his exposure to laws relating to censorship/licensing and to the corpuses of Roman
and canon law.
4 Chapter One
regard)?6 To this, I make three answers. First, while this book is focused on
Milton, it is not only about Milton. To give some examples, in the next chap-
ter, I compare Milton’s ideas of defamation with George Herbert’s and John
Donne’s; in chapter 5, I contrast his use of Roman law in his third Latin de-
fense, Pro Se Defensio, to the trial scene in Jonson’s Poetaster; and in chapter
7, I use the 1661 conviction of John Bunyan to show the advantages and risks
inherent in Milton’s ideas for restructuring England’s courts. Second, Mil-
ton is my primary subject of study because he simply had an outsized inter-
est in the way that different systems compared with one another. Arguably
more than any other major figure of the seventeenth century, he thought a lot
about questions of jurisdiction, about the boundary lines that divided differ-
ent spheres of influence and collections of legal norms. Third, Milton lived
through exceptionally tumultuous times, and as a politically engaged citizen
and then as an employee of the Interregnum government, he left behind a
huge volume of treatises probing the relative rights of individuals, church, and
state. As a result, a critic such as myself interested in his views of civil justice
and jurisdiction has a deep and wide archive in which to search.
A final question is “Why Milton’s prose?” Since with the possible excep-
tion of Areopagitica, Milton’s poetry has had a more enduring appeal than his
prose, why have I chosen to omit from consideration works such as Samson
Agonistes and Paradise Regained? (My focus on the prose is not absolute, for
Paradise Lost figures in chapter 6. It offers, I argue, one of his most nuanced
reflections on the canon law of tithes.) This book concentrates on Milton’s
prose because his jurisdictional interests are, on the whole, more visible there
than in his poetry. Milton aims his prose tracts at what he regarded as urgent
social issues, and when he is thinking in this vein, he often uses the varying
assumptions and vocabularies of different legal systems to help him build his
arguments. My focus on the prose also distinguishes this book from my pre-
vious one, The Legal Epic: Paradise Lost and the Early Modern Law. There
my main interest was in the way that Milton uses law in his epic poem to help
justify the ways of God to men. As a result, I cast prose works only in the oc-
6. While the body of works on Shakespeare’s legal involvements is too large to do justice to
in a single note, readers can profitably start with Hutson, Invention of Suspicion; Maus, Being
and Having; and Mukherji, Law and Representation in Early Modern Drama. See also the
essays collected in Strier, Shakespeare and the Law and Hutson, Oxford Handbook. For discus-
sions of Donne’s jurisdictional awareness, see Kneidel, John Donne. I open chapter 5 with a
consideration of the trial scene in Jonson’s Poetaster and note there existing studies of Jonson’s
familiarity with both English and Roman law.
Introduction 5
casional supporting role, often with an uneasy awareness that I was not giving
them the attention they deserved. For example, in The Legal Epic, I mentioned
Milton’s neglected early treatise Apology against a Pamphlet only in passing as
an example of how he often installs legal metaphors at the beginning of works,
as if to help him think his way into his subject. However, this glancing treat-
ment did not do justice to the way that legal reasoning informs the treatise’s
argument at a very deep level, a subject I explore in the next chapter. Similarly,
in The Legal Epic I focused more on the role that law as a whole plays in his
theodicy and less on his awareness of jurisdictional differences, my primary
quarry here. A shift in terminology exemplifies the different arguments of
these two books. In The Legal Epic, I used the catchall term “Romano-canon
law” to refer to the consolidated sacred/secular law of the Continent because
I was interested in this network of legal ideas as a whole. However, here I turn
to what Milton saw as the tensions internal to this network, and so I talk about
“Roman law” on the one hand and “canon law” on the other.
T wo B r i e f E x a m p l e s
At this point, a pair of examples can usefully illustrate the phenomenon ex-
plored in this book. Excerpts from Milton’s least-studied divorce tracts, The
Judgment of Martin Bucer and Colasterion, demonstrate both his jurisdic-
tional turn of mind and the particularly technical way in which it is often
expressed. In both cases, Milton is complaining about the hostile reception
given to his earlier divorce tract, Doctrine and Discipline of Divorce. In the
preface to Bucer, having first detoured through a complex legal metaphor in-
volving “bail,” “endightment,” and “attaintures,” he claims that the present
work, his translation of the prominent Reformer Martin Bucer’s argument
in support of divorce, might allow him “to get [his] appeachment”—i.e., the
metaphorical crime of Doctrine and Discipline—“new drawn,” or rewritten,
as “a Writ of Error” (CPW 2:440). A writ of error was a form of appeal in
which a complainant argued that errors of fact or law had invalidated the
original judgment and that the records of the case should be sent to a higher
court. In cases where a major Westminster court such as King’s Bench or the
Court of Common Pleas was the court of first instance, the writ of error sent
the case to Parliament. The title page of Bucer addresses the treatise “To the
Parlament of England ” (CPW 2:421), so in the playful fiction of this passage,
Milton says that he has been mistakenly convicted in a lower court (i.e., the
court of public opinion that had condemned Doctrine and Discipline), and
on the basis of Bucer’s testimony presented here in The Judgment of Martin
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as it appeared in human affairs, which, however, he concealed from
the multitude. (Arist. Rhetoric, lib. vii. c. 5.)
With regard to moral predictions on individuals, many have
discovered the future character. The revolutionary predisposition of
Cardinal Retz, even in his youth, was detected by the sagacity of
Cardinal Mazarine. He then wrote a history of the conspiracy of
Fresco, with such vehement admiration of his hero, that the Italian
politician, after its perusal, predicted that the young author would be
one of the most turbulent spirits of the age! The father of Marshal
Biron, even amid the glory of his son, discovered the cloud which,
invisible to others, was to obscure it. The father, indeed, well knew
the fiery passions of his son. “Biron,” said the domestic Seer, “I
advise thee, when peace takes place, to go and plant cabbages in thy
garden, otherwise I warn thee thou wilt lose thy head upon the
scaffold!”
Lorenzo de Medici had studied the temper of his son Piero; for we
are informed by Guicciardini that he had often complained to his
most intimate friends that “he foresaw the imprudence and
arrogance of his son would occasion the ruin of his family.”
There is a singular prediction of James the first, of the evils likely
to ensue from Laud’s violence, in a conversation given by Hacket,
which the King held with Archbishop Williams. When the King was
hard pressed to promote Laud, he gave his reasons why he intended
to “keep Laud back from all place of rule and authority, because I
find he hath a restless spirit, and cannot see when matters are well,
but loves to toss and change, and to bring things to a pitch of
reformation floating in his own brain, which endangers the
stedfastness of that which is in a good pass. I speak not at random;
he hath made himself known to me to be such a one.” James then
relates the circumstances to which he alludes; and at length, when
still pursued by the Archbishop, then the organ of Buckingham, as
usual, this King’s good nature too easily yielded; he did not, however,
without closing with this prediction: “Then take him to you! but on
my soul you will repent it!”
The future character of Cromwell was apparent to two of our great
politicians. “This coarse, unpromising man,” observed Lord
Falkland, pointing to Cromwell, “will be the first person in the
kingdom if the nation comes to blows!” And Archbishop Williams
told Charles the First confidentially, that “There was that in
Cromwell which foreboded something dangerous, and wished his
Majesty would either win him over to him, or get him taken off!”
The incomparable character of Buonaparte, given by the Marquis
of Wellesley, predicted his fall when highest in his power. “His
eagerness of power,” says this great Statesman, “is so inordinate; his
jealousy of independence so fierce; his keenness of appetite so
feverish, in all that touches his ambition, even in the most trifling
things, that he must plunge into dreadful difficulties. He is one of an
order of minds that by nature make for themselves great reverses.”
After the commencement of the French Revolution, Lord
Mansfield was once asked when it would end? His Lordship replied,
“It is an event without precedent, and therefore without prognostic.”
The fact is, however, that it had both; as our own history, in the reign
of Charles the First, had furnished us with a precedent; and the
prognostics were so plentiful, that a volume of passages might be
collected from various writers who had foretold it.
There is a production, which does honour to the political sagacity,
as well as to his knowledge of human nature, thrown out by Bishop
Butler in a Sermon before the House of Lords, in 1741; he calculated
that the unreligious spirit would produce, some time or other,
political disorders, similar to those which, in the 17th century, had
arisen from religious fanaticism. “Is there no danger,” he observed,
“that all this may raise somewhat like that levelling spirit, upon
Atheistical principles, which in the last age prevailed upon
enthusiastic ones? Not to speak of the possibility that different sorts
of people may unite in it upon these contrary principles!” All this
has literally been accomplished!
If a prediction be raised on facts which our own prejudice induce
us to infer will exist, it must be chimerical. The Monk Carron
announces in his Chronicle, printed in 1532, that the world was
about ending, as well as his Chronicle of it; that the Turkish Empire
would not last many years; that after the death of Charles V. the
Empire of Germany would be torn to pieces by the Germans
themselves. This Monk will no longer pass for a prophet; he belongs
to that class of Chroniclers who write to humour their own
prejudices, like a certain Lady-prophetess who, in 1811, predicted
that grass was to grow in Cheapside about this time!
Even when the event does not always justify the prediction, the
predictor may not have been the less correct in his principles of
divination. The catastrophe of human life, and the turn of great
events, often turn out accidental. Marshal Biron, whom we have
noticed, might have ascended the throne instead of the scaffold;
Cromwell and De Retz might have become only the favourite
generals, or the ministers of their Sovereigns. Fortuitous events are
not included within the reach of human prescience; such must be
consigned to those vulgar superstitions which presume to discover
the issue of human events, without pretending to any human
knowledge. In the science of the Philosopher there is nothing
supernatural.
Predictions have sometimes been condemned as false ones, which,
when scrutinize may scarcely be deemed to have failed: they may
have been accomplished, and they may again revolve on us. In 1749,
Dr. Hartley published his “Observations on Man;” and predicted the
fall of the existing governments and hierarchies, in two simple
propositions; among others—
Prop. 81. It is probable that all the civil governments will be
overturned.
Prop. 82. It is probable that the present forms of Church
government will be dissolved.
Many indeed were terribly alarmed at these predicted falls of
Church and State. Lady Charlotte Wentworth asked Hartley when
these terrible things would happen? The answer of the predictor was
not less awful: “I am an old man, and shall not live to see them.” In
the subsequent revolutions of America and France, and perhaps
latterly that of Spain, it can hardly be denied that these predictions
have failed.
The philosophical predictor, in foretelling some important crisis,
from the appearances of things, will not rashly assign the period of
time; for the crisis he anticipates is calculated on by that inevitable
march of events which generate each other in human affairs; but the
period is always dubious, being either retarded or accelerated by
circumstances of a nature incapable of entering into his moral
arithmetic. There is, however, a spirit of political vaccination which
presumes to pass beyond the boundaries of human prescience,
which, by enthusiasts, has often been ascribed to the highest source
of inspiration; but since “the language of prophecy” has ceased, such
pretensions are not less impious than they are unphilosophical. No
one possessed a more extraordinary portion of this awful prophetic
confidence than Knox the reformer: he appears to have predicted
several remarkable events, and the fates of some persons. We are
informed that when condemned to a galley in Rochelle, he predicted
that “within two or three years, he should preach the Gospel at St.
Giles’s, in Edinburgh,” an improbable event, which nevertheless
happened as he had foretold. Of Mary and Darnley, he pronounced
that, “as the King, for the Queen’s pleasure, had gone to mass, the
Lord, in his justice, would make her the instrument of his
overthrow.” Other striking predictions of the deaths of Thomas
Maitland, and of Kirkaldly of Grange, and the warning he solemnly
gave to the Regent Murray, not to go to Linlithgow, where he was
assassinated, occasioned a barbarous people to imagine that the
prophet Knox had received an immediate communication from
heaven.
An Almanack-maker, a Spanish friar, predicted, in clear and
precise words, the death of Henry the Fourth of France; and Pierese,
though he had no faith in the vain science of Astrology, yet, alarmed
at whatever menaced the life of a beloved Sovereign, consulted with
some of the King’s friends, and had the Spanish almanack before his
Majesty, who courteously thanked them for their solicitude, but
utterly slighted the prediction: the event occurred, and in the
following year the Spanish friar spread his own fame in a new
almanack. This prediction of the Spanish friar was the result either of
his being acquainted with the plot, or from his being made an
instrument for the purposes of those who were. It appears that
Henry’s assassination was rife in Spain and Italy before the event
occurred.
Separating human prediction from inspired prophecy, we can only
ascribe to the faculties of man that acquired prescience which we
have demonstrated, that some great minds have unquestionably
exercised. Its principles have been discovered in the necessary
dependance of effects on general causes, and we have shewn that,
impelled by the same motives, and circumscribed by the same
passions, all human affairs revolve in a circle; and we have opened
the true source of this yet imperfect science of moral and political
prediction, in an intimate, but a discriminative, knowledge of the
past. Authority is sacred when experience affords parallels and
analogies. If much which may overwhelm, when it shall happen, can
be foreseen, the prescient Statesman and Moralist may provide
defensive measures to break the waters, whose streams they cannot
always direct; and the venerable Hooker has profoundly observed,
that “the best things have been overthrown, not so much by
puissance and might of adversaries, as through defect of council in
those that should have upheld and defended the same[33].”
“The philosophy of history,” observes a late writer and excellent
observer, “blends the past with the present, and combines the
present with the future; each is but a portion of the other. The actual
state of a thing is necessarily determined by its antecedent, and thus
progressively through the chain of human existence, while, as
Leibnitz has happily expressed the idea, the present is always full of
the future. A new and beautiful light is thus thrown over the annals
of mankind, by the analogies and the parallels of different ages in
succession. How the seventeenth century has influenced the
eighteenth, and the results of the nineteenth, as they shall appear in
the twentieth, might open a source of PREDICTIONS, to which, however
difficult it might be to affix their dates, there would be none in
exploring into causes, and tracing their inevitable effects. The
multitude live only among the shadows of things in the appearance
of the PRESENT; the learned, busied with the PAST, can only trace
whence, and how, all comes; but he who is one of the people and one
of the learned, the true philosopher, views the natural tendency and
terminations which are preparing for the FUTURE.”
FATALISM, OR PREDESTINATION.
Artificial Divination,
Is that which proceeds by reasoning upon certain external signs,
considered as indications of futurity.
Natural Divination,
Is that which presages things from a mere internal sense, and
persuasion of the mind, without any assistance of signs; and is of two
kinds, the one from nature, and the other by influx. The first is the
supposition that the soul, collected within itself, and not diffused, or
divided among the organs of the body, has, from its own nature and
essence, some foreknowledge of future things: witness what is seen
in dreams, ecstasies, the confines of death, &c. The second supposes
that the soul, after the manner of a minor, receives some secondary
illumination from the presence of God and other spirits.
Artificial divination is also of two kinds; the one argues from
natural causes; e. g. the predictions of physicians about the event of
diseases, from the pulse, tongue, urine, &c. Such also are those of the
politician, O venalem urbem, et mox peuturam, si emptorem
inveneris! The second proceeds from experiments and observations
arbitrarily instituted, and is mostly superstitious.
The systems of divination reducible under this head, are almost
incalculable, e. g. by birds, the entrails of birds, lines of the hand,
points marked at random, numbers, names, the motion of a sieve,
the air, fire, the Sortes Prænestinæ, Virgilianæ, and Homericæ; with
numerous others, the principal species and names of which are as
follows:—
Axinomancy,
Alectoromantia,
Is an ancient kind of divination, performed by means of a cock,
which was used among the Greeks, in the following manner.—A
circle was made on the ground, and divided into 24 equal portions or
spaces: in each space was written one of the letters of the alphabet,
and upon each of these letters was laid a grain of wheat. This being
done, a cock was placed within the circle, and careful observation
was made of the grains he picked. The letters corresponding to these
grains were afterwards formed into a word, which word was the
answer decreed. It was thus that Libanius and Jamblicus sought who
should succeed the Emperor Valens; and the cock answering to the
spaces ΘΕΟΔ, they concluded upon Theodore, but by a mistake,
instead of Theodosius.
Arithmomancy,
Belomancy,
Cleromancy,
Cledonism.
This word is derived from the Greek κληδων, which signifies two
things; viz. rumour, a report, and avis, a bird; in the first sense,
Cledonism should denote a kind of divination drawn from words
occasionally uttered. Cicero observes, that the Pythagoreans made
observations not only of the words of the gods, but of those of men;
and accordingly believed the pronouncing of certain words, e. g.
incendium, at a meal, very unlucky. Thus, instead of prison, they
used the words domicilium; and to avoid erinnyes, said Eumenides.
In the second sense, Cledonism should seem a divination drawn
from birds; the same with ornithomantia.
Coscinomancy.
Capnomancy,
Catoptromancy,
Dactyliomancy.
Gastromancy.
Geomancy,
Hydromancy, ὑδροματεια,
Necromancy,
Oneirocritica,
Onomancy, or Onomamancy[35],
Is the art of divining the good or bad fortune which will befall a man
from the letters of his name. This mode of divination was a very
popular and reputable practice among the ancients.
The Pythagoreans taught that the minds, actions, and successes of
mankind, were according to their fate, genius, and name; and Plato
himself inclines somewhat to the same opinion.—Ausonius to Probus
expresses it in the following manner:—
Qualem creavit moribus,
Jussit vocari NOMINE
Mundi supremus arbiter.
In this manner he sports with tippling Meroe, as if her name told
she would drink pure wine without water; or as he calls it, merum
mereim. Thus Hippolytus was observed to be torn to pieces by his
own coach horses, as his name imported; and thus Agamemnon
signified that he should linger long before Troy; Priam, that he
should be redeemed out of bondage in his childhood. To this also
may be referred that of Claudius Rutilius:—
Nominibus certis credam decurrere mores?
Moribus aut Potius nomina certa dari?
Onycomancy, or Onymancy.
Ornithomancy,
Pyromancy,