Si publice consuletur. If the question to be decided is of a public nature. Consuletur, fut., because at the time of drawing lots the deliberation and decision are future. Or it may refer to the consultation of the gods (cf. Ann. 14, 30: consulere deos): if it is by the state that the gods are to be consulted. So Ritter in his last edition.
Ter singulos tollit. A three-fold drawing for the sake of certainty. Thus Ariovistus drew lots three times touching the death of Valerius (Caes. B.G. 1, 53). So also the Romans drew lots three times, Tibul. 1, 3, 10: sortes ter sustulit. Such is the interpretation of these disputed words by Grüber, Ritter and many others, and such is certainly their natural and obvious meaning: he takes up three times one after another all the slips he has scattered (spargere is hardly applicable to three only): if the signs are twice or thrice favorable, the thing is permitted; if twice or thrice unfavorable it is prohibited. The language of Caesar (in loc. cit.) is still more explicit: ter sortibus consultum. But Or., Wr. and Död. understand simply the taking up of three lots one each time.
Si prohibuerunt sc. sortes==dii. The reading prohibuerunt (aL prohibuerint) is favored by the analogy of si displicuit, 11, and other passages. Sin (==si—ne) is particularly frequent in antithesis with si, and takes the same construction after it.
Auspiciorum—exigitur. Auspiciorum, here some other omens, than lots; such as the author proceeds to specify. Adhuc==ad hoc, praeterea, i.e. in addition to the lots. The sense is: besides drawing lots, the persuasion produced by auspices is required.
Etiam hic. In Germany also (as well as at Rome and other well known countries). Hic is referred to Rome by some. But it was hardly needful for T. to inform the Romans of that custom at Rome.
Proprium gentis. It is a peculiarity of the German race. It is not, however, exclusively German. Something similar prevailed among the Persians, Herod. 1, 189. 7, 55. Darius Hystaspes was indebted to the neighing of his horse for his elevation to the throne.
Iisdem memoribus, § 9.—Mortali opere==hominum opere.—Contacti. Notio contaminandi inest, K.—Pressi curru. Harnessed to the sacred chariot. More common, pressi jugo. Poetice.
Conscios sc. deorum. The priests consider themselves the servants of the gods, the horses the confidants of the same. So Tibullus speaks of the conscia fibra deorum. Tibul. 1, 8, 3.
Committunt. Con and mitto, send together==engage in fight. A technical expression used of gladiators and champions.
Praejudicio. Sure prognostic. Montesquieu finds in this custom the origin of the duel and of knight-errantry.