WRITTEN By THOMAS GATAKER B. of D. sometime Preacher at Lincolnes Inne, and now Pastor of Rotherhith.

LONDON Printed by EDWARD GRIFFIN and are to be sold by WILLIAM BLADEN at the signe of the Bible at the great north dore of Paules. 1619.














INscriptionis huiusce satis forsan in­frequentis (insolentem vereor ne non desint qui dicant) rationem nemo tamen (credo) quisquam mirabitur, qui vos, qui me nove­rit; gnarus, vltra decennium apud vos Theologiam publicè pro­fessum quo fauore me praesentem complexi, quo desiderio discedentē sitis prosecuti. Nec insubidè sanè (vti mihi saltem persuasi) quos auditores sum pridem benignos expertus, lectores eosdē nunc candidos exopto, patronos etiam (si sit opus) strenuos habiturum confisus. Vestro ita (que) Nomini strophiolum hoc primitium porrectū ve­lim, quale exhibent viridaria nostra angusta & inculta, etsi parum (scio) amoenū, haud insalubre (spero) tamen. In quo siqua fortè strigosa, flaccida etiam deprehensa fuerint nonnulla; ad manū & mentem praestò (precor) sit, vel Cratetis illud, Crates apud Diog. Laert. [...] vel Varronis istud, Varro apud Nonium Mar­ [...]ell. Neque in bona segete nul­lum spicum nequam, vti neque in mala non aliquod bonum. Illud me maximè solicitum habet (Zoilos si­quidem [...], Momos (que) moros & morosos nihil mo­ror) [Page] [...] [Page] [...] [Page] ne quod phalangium improbum in sertum hoc in­cidens, è fronde salubri virus pestiferum exugat, &, quod Rhetor ille olim de scriptis suis, Quintilian. in Institut [...]rat. quos porrexe­rim cibos, venena fiant. Id verò sicubi contigerit; (quod valdè nolim, neve fiat enixè rogo;) sed si con­tigerit tamen; (neque enim novum hoc vt succus in­noxius per araneae viscera traiectus in vir [...]s evadat) iniquum sanè admodum fuerit, vt quod foeda bestiola suo more solens prauè egerit, in laboris honesti honestis (que) consilijs suscepti damnum dedecusve vel tenuissimum cedat, & prauitatis alienae poenas luat immer [...]tus, qui prodesse cunctis, obesse nemini in votis, in studijs habu­erit. Vos autem illud vnicum maximopere oratos ve­lim, (ò si & exoratos dederitis!) vt Consulatis (sul­tis) Tractatus hu­ius Cap. 9. § 1, 2, 3, 4. abusus illos latè nimis vbi (que) grassantes, ad Salutis nostrae Natalitijs di­catos praesertim dies, (quorum opera nefaria factum est, vt ludicra sors illa, qua de inter alia istic agitur, malè passim audiat, & iam olim audierit) tum è priuatis cu­ius (que) familijs, tum è publicis hetaerijs, omni studio Topper citò, cele­riter. Ex antiquissi­mis Nel [...]i Nae [...]ij [...]p scriptis Fesius. Topper q [...]si t [...]to opere dictum: vt [...]ul. Scalig. de Ca [...]i [...]s linguae Lat. l 9. cap. [...]59. topper sublatum eatis. Ita vos [...] Psal. 50 6. Et Psal. 75.8. [...] Vude Sufes Poenorum, vt rectè Scalig. ad Euseb Sufes ille summus & [...], vii de Christo Paulꝰ 1 Tim 6.15. Et [...], vt Iudas v 4. Solus enim verus Dominus [...]st, qui Dominum non ha­bet. Aug. confess. l. 10. [...]. 36. Dynasta solus in iure dicundo, agundo protegat prove­hat (que) in sedes aeternas tempestivè transferat, & in iu­dicio novissimo cum Christo suo Sanctis (que) omnibus ad­sessores exhiheat.

TO THE IVDICIOVS and ingenuous Reader.

HOw backward I haue euer heretofore bin (best knowing mine owne weak­nes) to publish ought by the Presse, they best know, who hauing oft pres­sed me thereunto, haue neuer hither­to therein preuailed. Now a twofold necessitie is imposed vpon me of doing somewhat in this kind, partly by the importunity of diuers Christian frends, religious and judicious, who hauing either heard, being partakers of my publike Ministery, or heard of by report of others, or vpon request seene some part of this weake worke, haue not ceased to sollicite the further publishing of it: As also partly, (and more specially) by the iniquitie of some others, who be­ing of contrary iudgment in some particulars there­in disputed, haue bin more forward than was fit by vn-christian slanders and vncharitable censures to taxe and traduce both me and it. From whose vn­iust and vndeserued aspersions no way seemed bet­ter and readier to cleare either, than by offring to open view of all, what I had before deliuered in an obscure auditorie (to speake of) among but a few. And this thou hast here (good Reader) for effect and substance the same that was then and there de­liuered, [Page] inlarged onely with such matter of History and Humanitie as was not so fit to pester the Pulpit or incomber that Auditorie withall. For the occa­sion of entring first into this discourse, and motiues of wading so far in it, I referre thee to Chap 9. §. 10. that part of it where I render an account thereof, vnwilling to stay thee longer, than needs must be, in the entry. If any shall surmise that writings in this kind may oc­casion too much liberty, a thing that litle needeth in this ouer-licentious age: I answer breifely; first that See Gerson in regul. m [...]r. & Ni­der in consolat. ti­moraonscieuc. part. 3. c. 20. ad Cap. 9 § 10. it is vnequall that for the loosenes of some dissolute, the consciences of those that be godly disposed should be entangled and ensnared: and secondly, that whosoeuer shall take no more liber­ty than by me is here giuen, shall be sure Read the whole 9, Chapter. to keepe within the bounds of Piety, of Sobriety, of Equity, and of Charity: than which, I know not what can be more required. For no sinister end (I protest be­fore Gods face and in his feare) vndertooke I this taske; neither haue I auerred or defended ought therein, but what I am verily perswaded to be agree­able to Gods word. If any man can better informe me in ought, I shall be right ready to hearken vnto him: neither haue I neglected any meanes in this kind, (by writing & conference with others, besides mine owne priuate labors) that might further me therein. Defects in it (I know) there can not but be many: what, or whose worke is free from them? mine of many, much more: too many my selfe see; and many more (I well wot) a curious eye may soon espie. Let them in frendly and louing manner be shewed me by any; (as forme haue already bin by [Page] by some; whom I rest beholden to for it) and I shall count it a speciall kindnes. Where defects shall ap­peare, let it yet be considered, whether they be vitall and fundamentall or no, such as touch the very heart and life of the maine matter, or such as not­withstanding them the frame (or foundation at least) may stand firme: And withall let it be remembred that I deale in an Argument that hath hitherto bin handled very confusedly by the most, and not very soundly by the best; as to any indifferent eye vpon due view of this present discourse may very euident­ly appeare. Of thee (whosoeuer thou art) I desire but to finde an vnpartiall Reader, a judicious dis­cusser, and a charitable censurer; that Praeiudicium enī non est indiciū, sed vitium. Aug. ad fra [...]r. inerem. what I hold be not condemned out of prejudice vnheard; Ne mea dona ti­bi studio dispost [...]a fideli, Int [...]ll [...]cta prius quae sint, contempta re­linquas. Lucret. de terum nat. l 1. what I proue be not rejected because it is not con­ceiued; and [...] dictū Theodori Athei re­ference Piu arch [...] lib. de Tra [...]quillis. what I profer with the right hand be not taken with the leaft, but that Charity may con­tinue with diuersitie of iudgment, if thou shalt in ought remaine yet vnsatisfied; a course too too much wanting in this vncharitable age. And this fauourable acceptance if these my sory first-fruits shall finde, it may encourage a weake beginner to attempt somewhat further hereafter, that may be of better vse. Them and thee I commend both to him, who is the Author of all Truth, the clearing whereof hath bin in this worke my maine ayme: He vouch­safe a blessing; and through his blessing the labor (I hope) shall proue not vnfruitfull.

Thine in Christ T.G.

The Contents of this Treatise.

CHAP. 1. What a Lot is; and of Loterie in gene­rall.
pag 1.
CHAP. 2. Of Chance or Casualtie; and of Casuall Euents.
p. 9.
CHAP. 3. Of the seuerall Sorts or Kindes of Lots.
CHAP. 4. Of Ordinarie Lots Serious.
CHAP. 5. Of the Lawfulnes of such Lots: with Cautions to be obserued in the vse of them.
CHAP. 6. Of Ordinarie Lots Lusorious: and of the Lawfulnes of them.
CHAP. 7. Answer to the principall Obiections made against Lusorious Lots.
CHAP. 8. Answer to the Arguments vsed against them lesse principall.
CHAP. 9. Of Cautions to be obserued in the vse of them.
CHAP. 10. Of Extraordinarie or Diuinatorie Lots.
CHAP. 11. Of the vnlawfulnes of such Lots.
CHAP. 12. An admonition to auoide them; with an­swer to some Arguments produced in defence of them: and the Conclusion of the whole.

Escapes of some moment to be amended.

PAge 5. line 9. zsed for vsed. p. 20. l. 8, 9. those words, And the like error they commit, when they define should haue beene in an Italicke Character as part of Lanctantius his speech p. 25. l. 26. foreknew for forchnew it. p. 48. l. 23. de [...]igned for de [...]igned, p. 55. l. 11. a part for apart. p. 65. l. 20. besel for befel. p. 71. l. 2. complained for com­plaineth. p 73. l. 24. Examples for the Examples. p. 96. l. 27. diui­deth for diuideth. p. 100. l. 24. now for not now. pag. 103. lin. 15. iudgement, either ag. other for iudgement either ag. other, p. 106. l. vlt. with for with, p. 110. l. 28. Lot for a Lot. p. 124. l. 5. thoes that for those that. p. 163. l. 24. so? for so. p. 198. l. 21. folovving for flowing. p. 236. l. 1. Chap. VIII for IX. p. 244. l. 18. drunck at it, for drunck with it, p. 24. l. 14. great for greater. p. 330. lin. 14. this for his.

In the Margine.

Page 6. l. p [...] for [...] p. 12. lit. f Amphion for Agatho. p. 27. l. [...] illuc est for illic est. p. 40. l. p [...] for [...]. p. 52. lit. f quū for quā li. [...]. anno 11. c. for anno v. c. p. 63. l. f Luk. for Luk. 4.18.24. p. 79. l. k [...] for [...]. p. 81. l. a [...] for [...]. p. 82. l. r rarò for raro. p. 104. l. c. penis for Poenis. 219. l. t quibusquā for quibusdam. p. 246. l. f Lusori for Lusuri. p. 282. l. r in bonam for in bonam partem. p. 298. l. r duxerit for duxerint. ibid. sortilgia for sortilegia.

Occolampadius de scriptis suis.

Sibenè quid scripsi, Christo gratare datori:
Si malè quid scripsi, noveris esse meum.

OF THE NATVRE and vse of Lots.

CHAP. I. What a Lot is; and Of Loterie in generall.

§ 1. THe Multus & mul­tiplex vbique sor­tium vsus. Peucer. de diuin: c. de sort: Vise sis & Hadr. Iun. miscel: l 2. c. 5. Nic: Serar. in Iosh: tom: 2. c. 7. q 17. Mar: Delrio: disq: Mag: tō. 2. l. 4. c. 2. q. 7. § 3. &c. 4. q. 1, 3. Et insra cap. 4. per totum cap. 6. § 1, 2. & cap. 10. per totum. vse of Lots and Lotery, as it is very ancient, so hath bin in all ages no less frequent among men of all sorts. And conside­ring that those things that are most in vse, are by meanes of mans corruption most subiect to abuse;Abusui maxim [...] sunt obnoxia, quae in vsu sunt fre­quentissimo. Meis­ner: sobr: Philos: p 1. praef. it ought not to seeme strange, if the like hath among the rest befallen Lots; if hauing bene so much in vse, they haue not bene free from much abuse; if hauing bene vsed by so many, they haue bin abused by the most. For 1 Tim. 4.4. cum. Tit. 1.15. Agg. 2.14, 15. Esai. 1.11.17. what Creature of God, or what Ordinance, be it ciuill or sacred, though good and holy in it selfe, is so happy, but that it receiueth, if not a deepe tincture, yet at least some slight fully, from the foule hands or defiled fingers of the most that deale with it. That the lawfull vse therefore of this Ordinance may be wisely discerned and warily seuered from [Page 2] the abuse of it ( [...]. Plutar: de [...]dul [...] & [...]me [...]: so that neither the vse of it be who­ly banished and abandoned in regard of the abuse, as where Frend and Flatterer are both indiscreetly thrust out togither at one dore; nor yet way be gi­uen to the abuse of it while the right vse is admitted, as where the dore is vnheedily set open to Flattery while men hope to entertaine Friendship;) is the maine matter that in this whole Treatise is aymed at. Which that it may be the better and the more orderly performed, it will not be amisse that we endeuor to consider and conceiue aright, in the first place what the nature of a Lot is in generall; and next to that, what the seuerall sorts thereof are; whereby the warrantable and vnwarrantable vse of them may the more plainely appeare.

§ 2. A Lot therefore may be well thus either de­fined or described, that it is a casualty or casuall euent purposely applied to the deciding of some doubt.

In which definition or description so conceiued, (as in all other) are two things principally to be considered, the genus, as they terme it, that contai­neth the matter; and the forme or specificall diffe­rence of the thing defined.

The Genus, or the matter of a Lot is said to be a casualty, or some casuall euent, because that how so­euer in some kind of Lot some guesse may be giuen, yet the euent is mainly casuall, and it is the casualty of it, that is principally respected and necessarily required in it vnto the constitution of a Lot. Those therefore reach a litle too farre that define a [Page 3] Sortes propriè di­cuntur, cum aliquid fit, vt eius euent [...] confiderato occultū [...]liquid innetescat. Thom: sum: per 2.2z. q. 95. a. 8. cum facimus aliquid, vt occultū aliquid nobis manifestetor. Ibid: art: 3. Nihil aliud est sortiri quā aliquid agere, ex enius euentu rē in­cognitam possimus deprehendere. Mar­tyr. in 1 Sam: c. 10. Lot to be the doing of any thing whatsoeuer by the euent whereof some hidden thing may be disco­uered. For many things are and may be done for the discouery of hidden and vnknowne truths, which yet come not within the nature and compasse of a Lot. For example; A man suspecting his ser­uant to be light-fingred, layeth money as a bait in his way to tempt him withall, and thereby to try his honestie which he hath in some iealousie, which yet is no kind of Lot: to omit many other courses vsed ordinarily by those that are in place of authoritie and judicature for the finding out of malefactors and the discouery of crimes, in which yet there is no kind of Lotery, no more then of casualty. Whereas the matter of a Lot is euer some euent meerely ca­suall; as if a man to try whether his seruant be a theefe or no, shall put a scroll with his name in it, togither with others rolled vp seuerally into water, to see which will vnfold first, and thereby to deter­mine and iudge of the party suspected whether he be guilty or guiltlesse of that crime. To which pur­pose tend those sayings of good Authors, that Sortiri est casum & tem [...]ritatē spe­ctare, vbi nec ratio nec consilium vale­at. Cicer: dediuin: l. 2. To vse Loterie is to put a thing from skill and coun­sell to temeritie and casualty. that [...] dixit Euripi­des. Plut. sympos. l. 2. c. 10. Quo loco malè vulgò [...] nullo sensu. Et, Animae filiā sortē, insptè Rhidig: an­tiq lect. 14. c. 15. A Lot is the child of chance. that Sortis euenius nō est in nostra pote­stāte, sed quim ca­sus tulerit. Ambr: ad Virgines. The issue of Lots is not in mans power, but is such as casualty casteth on vs. that Quid in [...]spotest esse certiquae fortu­na monitu, pueri manu miscētur at (que) ducūtur? Cicidiuinat. l. 2. In Lotery there is no certainty. that S [...]rs inter homi [...]es casu, non indicio agisol [...]t. Orig: ad Lev. hom: 9. Qui sorte legitur, humano indicio non [...]mprehenditur. Ambros [...] in Luc. cap. 1. Quid enim sore [...]st? idē propemodū quod micare, quod talos ia [...]ere, quod tesseras, quibꝰ in rebꝰ temeritas & ca­sus, non ratio, nec consilium valcat. Cicidiuin: l. 2. Lots are not ca­ried by reason and iudgement, nor by counsell and aduice: but [...]. Isocr: Areopag. Chance and casualtie striketh the [Page 4] cheife stroke in them; if wee respect secondary causes.

It was no Lot therefore, but a meere mockery of a Lot, that Vise Cicer: in Verr: 4. Verres sometime vsed, when a Priest being to be chosen by Lot at Syracusa, The [...]mnesti no­men omnibꝰ inscri­bi eurauit. he caused the tickets or tokens that were cast into the Lot-pot to be signed all of them with one and the selfe same mans name: It was, I say, no Lotery, because there could be no casualty or vncertainty in the drawing of the tickets so signed. But of Chance or casualty we will speake more at large in the next Chapter.

§ 3. The forme or specificall difference of a Lot is taken from the vse and intent or purpose of the vser, or that whereunto this casualtie or casuall euent is applied; which is said to be the deciding or de­termining of some doubt, whether it be the defining of some act to be done hanging yet in suspence, or the discouery of some hidden and vnknowne truth in things done or suspected to be done already. And this is that which distinguisheth a Lot from all other casuall euents and accidents, and that maketh the casuall euent so vsed to be a Lot so iustly ac­counted and called. Euery Lot therefore is casuall; and there can be no Lotery, where there is not casu­alty. But euery casuall euent is not consequently a Lot: For many things fall out casually, and do be­fall men so continually in the whole course of their liues, which yet come not the most of them within compasse of a Lot: as, meeting of those by the way that they neuer minded or once dreamed of; light­ing on some one in the street or at the market, whom they desired to speake with, while they are going [Page 5] about other businesse; the finding of some one thing while they looke after an other, or while they looke after nothing but go on in their way: These things and the like are casuall, but no lots; there is no lotery at all in them; because these things may befall a man will he, nil he, and do many times whe­ther he regard them or no, whereas a Lot depen­deth vpon the will and purpose of the vser, who by applying the thing zsed to such ends and purposes, maketh a Lot of that which otherwise in it owne nature were none. But for a man to apply such a casuall thing or the casuall occurrence of any such thing to the discouering, defining, deciding, determi­ning or directing of any truth vnknowne, euent vn­certaine, or course vnresolued, is to vse it as a Lot, and to make a Lot of it; this being that that giueth the very essence of a Lot to it. To this agreeth that definition of a Lot and Lotery giuen by some o­thers, who define Sorsest effectus fortuitus statuens de consilijs nostris. Aret. in problem: clas. 1. loc. 67. A Lot to be a casuall euent deter­mining our purposes: (though that be somewhat too scant, and comprehend but one kind;) and, Sortibus vti est ex vario euentu seu dispositione alicuiꝰ rei sensibilis prope­sitae, dubium ali­quod determinare. Lyra in Num. cap. 34. & in Prouerb. c. 16. Lotery (whereof more anon) to be the determining of some doubt or vncertainty by the variable euent or disposition of some sensible thing that we propound to our selues. Which latter definition, though it do not so exactly point out the precise matter of a Lot, as we shall af­terward shew, yet doth fully comprehend the pro­per vse of a Lot, and that which iustly maketh the casuall euent to be so termed and esteemed.

§ 4. Out of that therefore which hath bene said of the nature of a Lot may be raised, as I take it, somewhat a better definition, or at least description [Page 6] of Lotery, to wit, that it is the deciding or determi­ning of a doubt by some casuall euent. For that Lo­tery is not but where some question or controuersie is of some sort or other, a doubt of somewhat whi­ther done or not done, or by whom, or in what manner done, or some deliberation concerning somewhat to be done or not done, or to be done either in this or that sort, which is by the Lot to be decided and determined, is a matter out of question, not denied of any, but agreed vpon by all. Now whereas many and sundry, yea infi­nite in a manner are the meanes wherby questions and controuersies are determined, of all these it is In a Lot there must be 2 things: 1 a casuall act: & 2 the applying of that act to the de­termination of some controuer­sie. Perkins Cases of Consc: l. 3. s. 4. q. 2. resp. 2. some casualtie or casuall euent onely that is made choise of for the determining of the doubt in that which we properly terme Lotery. In re­gard whereof as they wander farre from the right path in this point, Serar. in Iosh: c. 7. q. 17. ex Plut: [...] Py­thag: [...]. Suffragiadicit, qua fabis ferebantur. [...]. Steph: [...]ectè. Fabis & calculis in vrnam co [...]iectis Iudices legeba [...]t & suffragia forebant. Chy [...]re: in Ind: c. 1. & Lavat: in Prou: c. 16. Et contra Valla & Porta de suffragijs interpretantur quod Thucyd: l. 8. [...] & [...]; cum de sortitioni [...]us i [...] vtrumque dicatur. that confound [...]. Suidas. Et inde [...] dicitur per i [...]cū A [...]istophani Equi [...]: populus Atheniensis. i. [...], à fabis quibus [...] vtebantur, Hesych: Suid: & Aristoph: Schol. the suffrages or voices anciently vsed to be giuen either in ele­ction of Magistrates and Officers, or in matter of judicature for the acquiting or casting of the party in question by casting of [...]. Lysias in Agorat. [...] Vlpian ad Demost: in Timar: beanes white or blacke, or of beades and stones, [...]. Vlpian: ibid. [...] Aristoph: in Vesp: & Equ [...]: quas Hesych: [...]. Poll [...]x o [...]om: lib. 8. cap. 1. Suidas & Schol: Arist: ex Epaphroditi Lexico [...] interpretantur. or bones or shels [Page 7] whole or holed [...]. Pollux l. 8. c 1. item Hesych: & Schol: Aristoph: vesp. vi­sendus Casaub. ad Athen. l. 10. c. 18. into a pitcher or other vessel pre­pared to that purpose; (whereunto Alcibiades allu­ded sometime when he said, [...]. Plut. Apophth. He would not trust his owne Mother with the tryall of his life when he could auoide it, for feare lest shee should vnwittingly cast in a blacke beane for a white:) with [...]. Hesych: [...]. Et [...]inc Aristoph: Eccles [...] S [...]bal: the Loteries vsed in the like manner for the disposing of some offices and places of imployment also in the State, as if they were of the same nature, whereas indeed they are not. So they seeme to shoote also no lesse wide in this businesse, Delrio disquis. Mag. l. 4. c 2. q [...]. § 2 [...]d sort [...] diui­nitori [...] [...] refer [...]. Sch [...]ider: in lex pē ­tagl. ad diuisorias. that draw within the compasse of Lotery Num. 17.18. the proofe of Aarons right to the Preist­hood by that miraculous budding and fruit-bearing of his Almond-tree rod, Delr [...]odisq Mag. l. 4. c. 4. q 4 § 2. per monomachi [...]m. the trials of quarrels in question of right by duels and combats, canonicall purgations, Ibid q 2. per sa­cramentū Euchar. by taking of the Hoast or the Eucha­rist, as also Ibid. q. 4 § 1 per aquam & ignem. by fire and water anciently vsed euen Vise C [...]md: Brit: & Versteg. c. 3. in these parts, Delrio: ibid. c. 2. q. 7 § [...] sortibus adnumerat. & Bodin. damonoma c. 6. & Peu [...]er: de diuinat. diuination by mens names as fore­telling their fortunes, and whether should preuaile either against other, and the like: the meanes in these cases whereby the doubt or controuersie is deter­mined being not meerely casuall, and the decision of the doubt thereby therefore vnproperly so termed.

§ 5. Where let me adde yet one thing further, that it is not only necessary in the matter of Lotery, that the thing be casuall that is applied to the deci­ding of a doubt, but that it be thereto applied so far forth as it is casuall, (I speake in regard of the crea­ture both vsing and vsed) not as it hath either in it [Page 8] owne nature, or in the conceit or counsell of those that make such vse of it, any speciall relation other­wise to the businesse thereby to be decided. An instance or two will helpe to cleare my meaning herein. For a man therefore requested to ride abroad on a rainy day with his frend, to say, I will ride, if it hold vp by noone, if it doe not, I will not stirre abroad: or for a man being crossed casually by an Hare on his way, to conjecture thereby of the euent of his iourney, and to determine thereupon of pro­ceeding or stay, or of this or that successe in the same; there is in either of these cases a doubt decided by a casualtie, but that not considered as a casualtie, but as hauing otherwise a peculiar relation to the businesse intended, and the conueniency or incon­ueniency of it effected by it in the one and presaged by it in the other, and therefore making no Lotery: In which point also some of the former Authors seeme to faile, when they bring in [...] Delrio disq. mag. l. 4. c. 2. q. 7. § 3. diuination by the flight of Fowles, and by their eating or refusing their food vnder this head. But for a man pressed in that manner to accompanie his frend, to say, we will draw cuts whether we shall stay or go, or whether I shall goe with you or you stay with me, and put off your iourney to some other time: or being vpon the way togither, and disagreeing in opinion con­cerning the shaping of their course, to referre the question and controuersie betweene them to be de­cided by the flight of the next Fowle, or the footing of some Beast that hath gone before them on the way: here is matter of casualty regarded as it is meerely casuall, and in that respect applied to decide [Page 9] the present doubt, which no man therefore, I sup­pose, will deny to be Lotery indeed. And thus we see what both a Lot and Lotery is in generall, to wit, A Lot some casualty or euent meerely casuall pur­posely applied to the deciding of some doubt: and Lo­tery the deciding or determining of some question or controuersie by such casuall euents considered as they are such.

CHAP. II. Of Chance or Casualtie, and of casuall Euents.

§ 1. NOw because Chance or Casualty bea­reth much sway in Lotery; Casuall Euents being the subiect matter of Lots; the due consideration thereof will help not a litle to the clearing of the nature of Lots and Lo­tery, and those Questions that are moued concer­ning the same.

Concerning Chance therefore or Casualtie we will consider foure things.

  • 1. The name of it.
  • 2. The nature of the thing so named.
  • 3. Two distinct Acts concurring in it.
  • 4. And lastly, certaine conclusions or aphorisms concerning it.

First for the name or terme of Chance or Casu­altie, albeit it be by some vtterly condemned, and held foolish and heathenish; yet is it a terme accor­ding to the iust analogie & proportion of Tongues [Page 10] and Languages, vsed by the Holy Ghost himselfe in Gods booke both in the Old and New Testament. In the Old Testament by the pen of 1 Reg. 3.12. 2 Chron. 1.12. Salomon, the wisest (of a meere man) that euer was since Adam, where he saith, that Eccles 9.11. [...] quod Plato de leg: l. 4 [...]. Time and Chance befalleth all men, or all things: as also oft Eccles. 9.2, 3. [...] & 3.19. ter. & 2.14, 15 [...] casus acc [...]dit, vel conting [...]t. els-where in that booke. In the New Testament by the mouth of one infi­nitely Matth. 12.42. greater and wiser than Salomon, 1 Cor. 1.24 the very power and wisdome of God, our Sauiour Christ him­selfe, in the parable of the Iew that journeying to Iericho fell among theeues, who as he lay wounded halfe aliue and halfe dead, a Priest is said to haue Luk. 10.31. [...]. come by Chance that way: where the Euangelist Luke to expresse in Greeke what our Sauiour spake in Syriack, vseth a word precisely answering [...] eue­nire, contingere: vnde Gracī [...] [...]: sed & Lati [...]um curro, & occurro. Ave­nar. & Guichard. & inde nomen [...]. an other vsed by Salomon, and springing (as may be probably surmised) from the same roote. I might adde diuers other places, where this terme is 1 King. 5.4. [...] occursus malus Vet: & Vatab: mali Trem: & Iun: Ruth 2.3. [...] ac cidit autem. Vet: euenit euentus. Va­tab: casu accidit. Iun: forte fortuna inciderat. Leo Iud: her hap was to light on. &c. Reg: Bibl: Ang: else­where vsed in holy writ, but these two shall suffice. Augustine therefore, though Non mihi pla [...]es toties me [...]ppellass [...] Fortu­nam. Aug: retract. l. 1. c. 1. Poenitet me sic illam nominasse Fortunam, cum videam homines habere in p [...]ssima consuetudine, & vbidici debet, Hoc Deus veluit, dicere, Hoc voluit Fortuna. ibid. he repent himselfe in his Retractations that he named Chance or Fortune rather so oft in his writings; and it liked him not so well in regard of the abuse of that name among the Heathen, who held Fortune for a blinde Goddesse, and ascribed vnto her what they should haue giuen vnto God; yet withall he explaineth himselfe that Quamuis non Deam aliquam hoc nomine volnerim intelligi, sed fortuitum rerum euentum. ibid. he ment nothing thereby but the casuall euent of things; in which sense he acknow­ledgeth that it may be well vsed, and granteth that [Page 11] Vnde & illa ver b [...] sunt, quae nulla religio dicere prohi­bet, forte, forsā, for­sitan, fortuitè. Ibid. Religion condemneth not, nor inhibiteth such kinde of speeches, as to say, Peraduenture such a thing shall be, or, Perchance it may be, or, Such a thing came to passe by chance or casualtie.

§ 2. Secondly for the nature of the thing so na­med, albeit some say that Fortuna quid est [...] nihil est. Fors nihil est; ne nomen qui­dem, tanquam rem quampiam, cam de­cuit habere. Scalig: de subtil: exere: 307. § 25. it is nothing, as M [...]litiae nihil est. Ambr. fuga sec: Malum nihil est. Aug: s [...]lil [...]q. l. 1. cap. 1. & Isid: de sum: bono l. 1. c. 11. Mal [...]m nihil est aliud nisi boni pri­uatio. Aug: Enchir: 11. Peccatum ni­hil est; & nihili f [...]unt cum peccan [...] homines; sicut ido­lum nihil est. Idem in Ioan: tract [...] 1. [...]. Basil ho [...]. 8. Nemo quarat efficientem causam malae voluntatis: non enim est effici­ens sed deficiens; quia nec illa effectio est sed defectio. Aug: de Ciuit: Dei l. 12. c. 7. the same is said of sin, and therefore deserueth no name, saue that Nothing it selfe must needs haue some name, to expresse not so much what it is, as what it is not. Yet Est aliquid: nec enim serm [...] communis inan [...]. Gerson super Magnif. [...]. Philo de cons [...]i [...]: Prine: Chance and Casualty is indeed something, & may be defined a Contingencie or vncertainty seuered from fore-cast & fore-sight. Contingencie or vncer­tainty I terme it, to seclude it from necessitie & cer­tainty. For where necessitie is or certainty, there can be no Casualty; "Casualty & Certainty euer expel­ling either other. I adde, senered from fore-cast and fore-sight, to distinguish casualty from such contin­gency, as is accompanied with either of these twaine, either directed by fore-cast, or determined by fore­sight, which either of them both ioyntly & seuerally exclude casualty. Chance or casualty thus conceiued is an affection or adiunct both of efficients and of effects. In regard of the former, it is by the [...]. Epicur: [...]. Anaxag: & St [...]ici. [...].Plato. [...]. Aristot: Vise Plutare: de philos: placit: l. 1. c. 29. & Aristot: physic: l. 2. c. 4, 5. & Stob: l. 1. c. 10. ancient Philosophers marshalled cōmonly among the causes in the ranke of Efficients, though some Adiun­ctum potius quam efficien [...] dicenda videtur. Tal [...]us in Ram: l. 1. c. 5. quod de Fat [...] Aristot: [...]. Stob: l. 1. c. 10. later ones [Page 12] going more exactly to worke, acknowledge it to be rather an Affection of an Efficient, or an Adjunct manner of Efficiency than an efficient cause of or in it selfe. In regard of the latter, Chance or Casu­altie is by a Trope ordinarily vsed to signifie the Effect it selfe so affected: And so take I it here, and consider it in the matter of a Lot, as the vse of Au­thors well warranteth it, and as Fortunā intellig [...] fortuitū rerū euen­tū, Aug. retract: l. 1. c. 1. Casus est euen­tꝰ inopinatꝰ. Boeth: consol: lib. 5. pros. 1. [...] nō est cansa, sed euentus inexpe­ctatꝰ. Aret: probl: part: 1. loc: 57. Casus significat interdum motū naturalem ad quem euentꝰ sequi­tur, sed non ex ordi­natione naturae, & sic dicitur causa per accidens; vel poni­tur pro qua [...]is cau­sa non intendente cum quem producit effectū, & sic etiam fortunā complecti­tur: interdum ver [...] significat ili [...] it sum fortuitum euentum ab illa causa per ac­cidens manantem. Keckerm: system: Log. l. 1. c. 15. Christian Writers in these Questions most vsually vnderstand it, for a Casuall Euent, that is, an Euent contingent, not directed or determined by any fore-cast or fore-sight. A Con­tingent, I say, that is, an vncertaine or variable Euent, as all grant it to be: And that againe so vncertaine as the vncertainty of it is not directed or determi­ned by the skill, counsell, or fore-cast of him to whom it is casuall; not that it is not effected and produced by knowne naturall causes, but that nei­ther his skill or counsell hath any hand in the dire­cting of those causes in the producing of that effect, nor his fore-cast can determine what the effect will be in particular but by meere conjecture onely.

For the better conceiuing hereof all Euents may be referred to three heads: [...]. Anax­agor: apud Plut: piac: phil: l. 1. c. 29. [...] (m [...]lè vulg [...]) [...] [...]. Amphion apud Aristot: rhetor: l 2. c. 19. [...]. Plato de i [...]g: l. 10. Est causa fortuita, est naturalis, est v [...]lunturia. Aug: ciu: l. 5. c. 10. They are either Ne­cessary, Contingent but not Casuall, or Contingent and Casuall.

Necessarium est quod aliter se habere non po [...]st. Kecker: system: l. 2. c. 3. Hinc Thales, [...]. Laert: vit: philos: & Flut: plac: l. 1. c. 25. [...]. [...]'ut. conviu: 7. Sap: & Grammatici [...]. Etymol. & Eustath. Necessary are such as fall out naturally alwaies [Page 13] alike in a certaine and constant course, and cannot doe otherwise, vnlesse some supernaturall power countermand and ouer-rule them, and the causes producing them: Such kind of euents are the mo­tion of the Heauens, the course of the Sunne, for the fire to burne combustible matter cast into it, and the like. [...]. Aristot: analyt: pr: l. 1. c. 12. Contingens quod vel esse, vel non esse potest. Kecker: sy­stem: l. 2. c. 3. Contingent and not casuall are such as are so done one way, as they may or might haue bene done some other way, but that vncertainty is determined by the knowledge, art, fore-cast, and skill, or by the aduice, counsell, deliberation, or free election of those whom they concerne or befall: as for a man on his way to go on or stand still, to go forward or backward, it being in his power & deter­minable by his owne will and aduice to do the one or the other. Contingent and casuall are such Quid est aliud sors, quid fortuna, quid c [...]sus, quid euentus, nisi cam sic aliquid cecidit, sic euenit, vt vel nō [...] cadere at (que) euenire, vel aliter cadere aetque euenire po­tuerit? Cic: de di­uin: l. 2. as might fall out in like sort diuersly, and are [...]. Aristot. analy [...]: pr: l. 1. c. 12. [...]. Ari­stot: physic: l 2. c. 5, 6. & 3.5 [...]. Menād. apud Stob: l. 1. c. 10. not de­termined by any art or fore-cast, counsell or skill in regard of the person to whom they are casuall, or whom they casually befall. Thus for a man tra­uailing on the way, without fore-cast of ought in that kind, to espie the Eclipse of the Sunne falling out at that instant in the riuer where he rideth in to water his horse: the Eclipse of the Sunne here is naturall and necessary, his seeing or not seeing of it is contingent or voluntary, his espying it in that place going in for no such end is meerely casuall and acci­dentary. Thus he that slew Achab by casualtie, is said to haue drawne his bow 1 King. 32.34. [...] in integrita­te, siue in simplici­tate sua, nihil mi­nus cogitans quam Achab [...] percutere. I [...]n. in simplicitie, inten­ding, it seemeth, nothing lesse than that his arrow should there light where it did, being shot out at all aduenture by him, the vncertaine motion not dire­cted [Page 14] or determined by the will or skill of the shoo­ter to the marke that it hit. So the slaughter of the person that is casually slaine, is said to be done Num: 35.22. [...] derepente. [...] absque inimic [...]t [...]a. [...] non [...] insidijs, siue de in­dustria. Iun: so­dainly, inconsiderately, not out of enmitie, not of set pur­pose or by a traine, the party that did it [...] cum non videret eum: inconsideratè. Iun: [...] nec malum eius quaere­ret. Num. 35.23. not eying or seeing him, nor seeking his hurt whom he slew: all which termes and phrases vsed by the Spirit of God in that case, tend not onely to expresse the vncer­tainty of the euent, but to remoue also all know­ledge and counsell, all fore-sight and fore-cast, whereby that vncertainty might be determined by the party that was agent in that act.

§ 3. Now in these casuall euents there are two things concurring, as generally in all acts & euents whatsoeuer. The one an act of the creature either reasonable or vnreasonable; of the reasonable ei­ther led meerely by guesse and conjecture, as in drawing of cuts; or roauing at all aduenture, as in taking out of tickets shuffled and so blended togi­ther, that there is no place at all left for guess; of the vnreasonable either mouing it selfe naturally but vncertainly in regard of particular circumstances, as in diuination by the flight of Fowles, and by their feeding or refusing their food, or moued by some other at all aduenture, (for so far forth as any art or skill is vsed, so far forth it is not casuall) and that so as it may take diuers courses, or light diuersly, if it be but one, as when a blind man or one blindfolded shooteth a shaft at random; or when boyes play at crosse and pile; or they must of necessitie fall diuer­sly though vncertaine how, if they be many or more than one,as where diuers dice or pawnes are cast [Page 15] out of the same box or hand, sundry balls or bowles out of the same lap or arme. The other is an act of the Creator, a prouidence or assistance either in ge­nerall or speciall; and that for the most part gene­rall and mediate in ordinary casualties, sometime speciall and immediate in extraordinary euents. A generall prouidence, I say, ordinarily, as in all other things: For the prescience and prouidence, or, if you will, rather the will, pleasure, and omniscience of God extendeth it selfe in generall vnto all things, euen to Matth. 10.29. Luk: 12.6. the lighting of a sparrow, Matth: 10.30. Act: 27.34. Luk. 12.7. & 21.18. Possum dicer [...] por­corum qu [...]que se: as apud Deum nume­ratas, nedum capil­los sanctorum. Tertull: de fuga. to the shedding of an haire. Deus omnium & fortuitorum & non fortuitorum. autor est. Mar [...]in: in Ram: dial: l. 1. c. 5. Aeterna lege cun­cta decuerunt. Sen: prouid: c. 5. God (saith one well) is the author of all things, be they casuall or other: Aug: confess: l. 1. c. 10. Domine D [...], ordinator & crea­tor rerum omni [...]m naturalium, p [...]c [...]a­torū autem tantum ordinator, nō crea­tor. Sic enim legen­dum, quod in vul­gatu perperā, Pec­catorū autem tan­túm non ordinator: Prout idem alibi: de Ciuit: Det l. 5. c 9. Creator crea­torum spirituum volunta [...]es bonas adiuvat, malas iu­dicat, omnes ordinat. Et ibid: l. 14. c. 26. Omnipotenti D [...]o summo a [...] summè bono, creatori em­nium naturarū, voluntatū autem bonarū adiutori ac remuneratori, malarū relictori & damnatori; vtrarum [...] ordinatori &c. Nisi fortè cum Gomaro de prouid: c. 12. leg [...]re lubeat, Tantamm [...]do or­dinator. author, I say, as an other well distingnisheth, of the action, though dispo­ser onely not author of the euill, where any is, in it. If a prouidence of God therefore in all things, then in casuall euents also: and as in all things, so in casuall euents ordinarily, and no otherwise. If a Matth: 10.29. Sparrow fall not without Gods permission, much lesse is any man slaine without Gods prouidence, who is there­fore said to Exod: 21.13. offer the man that is casually slaine, vnto the hand of him by whom he is slaine. In this regard well saith Augustine, that Quae vulgò Fortuna appellatur, occul [...]o quodam ordine regitur. Aug: retract: l. 1. c. 1. That which is commonly called Chance, is yet by a certaine course se­cretly guided: and that Hoc totum, quód Forte, fortuitò &c. d [...]cimus, ad diu [...]ā prouidentiam revocate debemus. Idem ibid: Euen in those things that we say come by chance or by aduenture, respect ought to be had to a diuine disposition. Yea in regard of this pro­uidence [Page 16] by casualties oft checking mens counsels, is it said by Salomon, that Eccles: 9.11. The race goeth not alwaies with the swiftest, nor the battell with the strongest, nor bread to the wisest, nor wealth to the skilfullest, nor grace to the cunningest; but Time and Chance befalleth them all. That which the Heathen man it may be saw when he said, that Nōmuliū opor­tet consilio credere; quia suam habet for [...]una rationem quod non expectas ex trans [...]erso fit; & suam super no [...] fortuna negotium curat. P [...]trō. satyr▪ Men ought not to rely ouer­much on their counsell or forecast; for that [...]. Me [...]and: Hypobol: [...]. Ch [...]rem: Achil: Thersiticid: apud S [...]ob: lib. 1. cap. 10. & Plut: de Fortun: Vitā regit fortuna non sapi [...]ntia. A Callisthene dictum laudat Theophrastꝰ Cicer: Tuscul: l 3. fortune, as saith he, or [...]. Plat [...] de leg: l. 4. [...]. Tyrius M [...]x: serm: 3. Gods prouidence by fortune, as much better another jumping almost in precise termes with Salomon saith, striketh a great stroke, and oft ca­rieth things acrosse to that we expect. Which as it is so in other casuall euents, so in Lots among others; of which Salomon saith therefore that Prou: 16.33. The Lot is cast into the lap, but each disposition of it is of God. In which speech the spirit of God by Salomon, as diuers Iun: No sortem quidem ipsam caesu fortuito con [...]ingere, sed Deum proui­dentia sua, qui [...]quid sor [...]e accid [...]t, sigillatim disponere; quam & in infinitum rebus omnibus sin­gulariter adhibet. Lavat: V [...]iuersa & singula, etiam quae temerè accidere videntur, arcana Dei prouidentia gulernari. Malder: ad 22.2 [...]. Thom: de superstit. tract: 10. c. 7. dub. 9. H [...] solum dicitur, sortes non ita esse fortuitas, quin etiam temerè in s [...]num missae, magna Dei pro [...]i­dentia temperentur. Rhodolph: B [...]in: in Prov. Nihil in rebus humanis ger [...] sine nutu & dispen­sati [...]ne diuina: ne sortes quidem a'iter cade [...]e quam moderatione diuina. Diuines of great, yea of good note expound him, implieth but thus much, that though nothing seeme to be, or indeed is more casuall than a Lot, where it is caried as it ought, yet there is a diuine prouidence in the disposition of it; as there is the like also in all other euents, of what nature and quality soeuer they be. And therefore looke what is said by Salomon of a Lot in that place, the selfe-same is said Prov. 19.21. & 16.1, 9. & 20.24. & 21.30, 31. else­where of all mens thoughts, and wayes, and words, and works, and counsels, and courses, that they are dispo­sed [Page 17] by God, and are Ier: 10.23. not absolutely in our power to giue issue to them as we will. Thus is it true that A [...]gustine saith, that Solent, quae sorte dantur, diuinitum dari Aug: de Ge [...]: ad lit: l. 10. c. 18. Those things that fall to vs by Lot, are giuen vs from God: according to that of the Psalmist, Psal. 16.6, 7. The lines are fallen to me in a pleasant place, and I haue a faire heritage: I praise the Lord for it. (Though that be spoken metaphorically not pro­perly, as the former words shew, Ibid: vers: 5. The Lord is the portion of my part and of my cup; and the maintainer of my Lot.) But withall in like manner Prou: 10.22. all wealth whatsoeuer, be it Frou: 19.14. left by decease of friends, or got by Deut. 8.18. trauaile and industry, or attained otherwise, and Psal: 127.2. rest or sleepe, and Prou: 19.14. a good wife, and Psal: 127.3. Gen: 30.1, 2. Iosh: 24.3, 4. children are said to be Gods gifts, and to come all from him, who Act: 17. [...]5. 1 Tim: 6.17. giueth all things to all, and Esai. 26.12. worketh all things for all, and Eph: 1.11. Hebr. 13.21 in all.

Yet sometime there is a more speciall and imme­diate prouidence in extraordinary cases and vpon extraordinary occasions in these casuall euents, as in the 2 King: 13.21. casting of the man sodainly for feare of the enemie into the sepulchre of Elisha, who by Gods admirable worke to grace the blessed memory of his faithfull seruant deceased, reviued therevpon: as in the Ion. 1.7. Lot whereby Ionas was sometime discoue­red; done, as Hierome well saith, Deprehendebatur Ionas non viribus sortium, & maximé sortibus Ethnicorū, sed voluntate eius qui sortes regebat inceri [...]. Hieron. in Ion: c. 1. not by vertue of the Lot it selfe, much lesse of a Lot vsed by Heathen and Infidels, but by his will and prouidence that ruled, or rather ouer-ruled the vncertainty of it. And in this case is that true, which Bernard saith, that Qui nobi [...] casus videtur, serm [...] qu [...] ­dam Dei est, suam nobi [...] indicans vo­luntat [...]m. [...]ern. de diuers: [...]erm. 26. That which seemes Chance to vs, is as a word of God acquain­ting vs with his will. That which is true indeed in generall, if we consider Gods decreeing will of [Page 18] whatsoeuer commeth to passe: for we know that it was Gods will it should be so, when we see it once fallen out so, and his will is manifested by his work, either for the doing of the thing it selfe, or for the permitting of it to be done. Otherwise if it be fur­ther vnderstood of the manifestation of Gods ap­prouing will concerning somewhat to be done or left vndone of vs, it is not true in the generall. For what word of God is there shewing his will in this kind and this sense, when an Hare starteth out be­fore a man in the way, or a Fowle flieth beside him, or he treadeth in some vncleane thing vnawares, and the like, more than in any other act whatsoeuer? vnlesse we will giue way to their De quibu [...] latissi­ [...]ié I [...]an: Sarisber: in policrat: siue de nugis Curial: l. 1. c. 12. superstitious and friuolous conceits, that make such accidents omi­nous. Howbeit of extraordinary Lots cast by spe­ciall instinct or expresse appointment of God, it is most true, and of such may well be vnderstood those speeches of other of the Auncients, who call Lotery Sors veluti di­uino pendet exa­mine. Ambr: de Tob: c. 20. a diuine tryall, and Electi sunt duo iudicio humano, & electus de duobus vnꝰ iudicio diuino. Aug: in Psal: 30. de Matthia Act: 1.26. a diuine sentence: and say that Quae Dei volun­tas continet in oc­culto sors homin [...]bꝰ declaraet in manife­sto. Origeu: in Iosh: hom: 23. a Lot discouereth to men Gods hidden will; and Dei iudicium, quod est in occulto, sors pandit in pub­lico. Ibid. maketh it knowne openly what God iudgeth secretly: as also that Sors res est in dubitatione huma­na diuinā indicans voluntat [...]m. Aug: in Psal: 30. A Lot is a matter in mans doubting mani­festing Gods will. Which sayings all, if they be vnder­stood of Gods approuing will what he would haue done or not done of vs, must of necessitie be restrai­ned to such Lots alone as God himself shal by some speciall meanes appoint to be vsed to that purpose.

§ 4. From that which hath bene said, and al­ready laid as a ground, may certaine conclusions be deduced concerning casuall Euents.

The first conclusion: It is idle in matter of Casu­alty, [Page 19] and so of Lotery, to confound the act of the Creator with the worke of the creature; they being two seuerall things distinct in themselues, which ought not therefore to be confounded in casuall euents more than in any other whatsoeuer. Yet thus many seeme to do, and those men of some note, when they say, that Fors fiue fortuna idem est quod [...]; sed differun [...] ratione significan­di. Scalig: de subtil: exerc. 307. § 25. Fortune or Chance is the same with Gods prouidence, and that they differ onely in re­spect: as also, that Triae ha [...], Proui­dentia, Fatum, For­tuna idem sunt re­ipsa: ratione tamen ita disting [...]untur, vt prouidentiae qua­si t [...]tum videatur, reliqua verò [...] dua partes, nam proui­dentia omniū causa est qua fiunt; cadē autem respectu co­rum quae necessarió fiun [...], [...]Fatum, respe­ctu veró corū quae fortuitó fieri viden­tur, Fortuna appel­latur. D [...]unam: in R [...]m: dial: l. 1. c. 5. Prouidence, Fate or Destinie, and Fortune or Casualtie are in truth the same; yet so to be distinguished, that the first includes the two latter: For that Prouidence is the cause of all things that are done; which Prouidence in respect of things done necessarily is called Fate or Destinie, in respect of things done casually is called Fortune or Casualtie. And therefore Quod sapientibꝰ & pijs singulari [...] Dei prouid [...]ntia est, id ins [...]pientibus & prophanis Fortuna dicitur. Ibid. That (say they) which to the wise and godly is Gods singular Prouidence, to the foolish and prophane is Fortune or Chance. The very like herevnto saith Lactaentius of nature, (as before him Quid aliud est Nae­ [...]ura quam Deus, & diuina ratio toti mundo & paertib [...] eiu [...] inserta. Sen: de benef: l. 4. c. 7. Ne [...] Natura sine Deo est, nec Deus sine Natura, sed id [...] est virumque; nec distat Natura, Faetum, Fortunae: omnia eiusdem Dei sunt nomina varié vtenti [...] suae potestate. Ibid. c. 8. Ioui nome [...] omne convenis. vis illum Fatum vocare? non errabis. hi [...] est ex quo s [...]spensae sunt omnia; causa ca [...]sarum. Vis illum prouidentiam dicere? recté di [...]es. est enim cuiu [...] consilio huic mundo proui­detur, vt inconcussus [...]at &c. Vis illum Naturam vocare? no [...] peccabū est enim ex quo nata sunt omnia; tuius spiritu vinimus. Vis illum vocare Mundum? non faelleris, ipse enim est totum quod vides; totus suis partibus inditus, & se sustinens vi sua, Idem quest: n [...]tur: lib. 2. cap. 45. Seneca,) which he confoun­deth also with God. Stultitia, & error, & ca [...]itas, & vt Cicero ait (Academ: quest: l. 1.) ignoratio causarum Na­tura ac Fortuna nomina ind [...]xit, Lactant: instil: l. 3. c. 29. Folly and error and blindnes, saith he, and, as Cicero confesseth, the ignorance of causes brought in the names of Nature and Fortune. And againe, Hae [...] Religionis euers [...] Natura nomen invenit. &c. Ibid. c. 28. This ouerthrow of piety brought in Na­tures [Page 20] name: For when men knew not by whom the world was made, or would perswade men that nothing was made by the Deity; they said that Naturam esse re­rum omnium ma­trem, quasi sua sponte nata sint. Ibid. Nature was the mother of all things, as if they should say that all things had sprung vp naturally of themselues; which word while they vse, they confesse their owne folly: Since Natura (remotae prouidentia & po­testate diuina) pror­su [...] nihil est. La­ctant. ibid. Nature, seuered from the diuine power and prouidence, is iust nothing. And the like error com­mit they when they define Fortunam D [...] ā quaendam vo [...] hu­manas varijs casi­bus illudentem. &c. Ibid. Fortune a certaine God­desse which by sundry casualties sporteth her selfe with defeating of mens purposes, because they vnderstand not from whom those good or euill things come that be­fall them. It is true indeed, (as a Mornae: de verit: relig: Christ: c. 13. worthy man saith answering that obiection of Atheists and Epicures, what will become of Fortune if there be a diuine Pro­uidence in all things?) that if we speake of Fortune, as the Fortunā insanā esse & cacam & brutam perhibent Philosophi, saxo (que) illam instare globo­so praedicant volu­bili. Ideò quo saxū impulerit fors, ca­dere eo fortunam autumant. Caecam ob cam rem esse ite­rant, quia nihil cer­nit quo sese appli­cet. Insaenā autem ai [...]nt, quia atrox, incerta, instabilis (que) fit. B [...]utam, quiae dignum atque indignum nequeae [...] internoscere. Pacuv: apud Cornif: ad Heren: l. 2. § 41. Poets paint her, blind, standing on a globe, turned about like a weathercock with euery puff of winde &c. it is but either a poeticall figment Tam facilè deleri quam pingi potest. Ibid. quemadmodum de Homero Aristot: Tò [...]. Strab: georg: l. 13. Murum Poeta, qui finxit, deleuit., that [...]. Philemon Com: apud Clem: Alex: Strom: l. 5. may as easily be done out by vs as it is drawne by them: or else at the best a symbolicall embleme deciphe­ring out the great vncertainty of casuall euents, of which we shall say more anon. And againe it is no lesse true that the same Morn: ibid: vói sup: Author saith, that if by For­tune with Proclus, we vnderstand a diuine power coup­ling causes togither which would of tiarre otherwise, that they may worke to one and the same end; then are we to acknowledge such a power and prouidence not [Page 21] in Non in vagi [...] tantum incertisqua quibusdam, sed in ce [...]tissimis, & in omnibus. casuall things and such as are vncertaine alone, but in all other whatsoeuer, euen those that be most certaine. For Deus ipse est ali [...] nomine designatus. Ibid. Fortune is no other than but God nicnamed. But if we consider the terme of Nature, and so of For­tune or Chance, as the Holy Ghost vseth them; as Nature is a power or facultie in the creature distinct from Gods prouidence guiding and ruling, yea and oft ouer-ruling the same to such ends as he seeth good: so is Fortune or Chance also an affection or action of the creature distinct from the same proui­dence whereby God likewise guideth and disposeth the same at his pleasure. As in naturall effects there­fore there is the worke of the creature, which might be albeit there were no prouidence disposing it, but the creature for matter of direction were left wholy to it selfe: so is there the like also in casuall euents; which as they do now fall out, and yet are ordered, as all other things, by Gods prouidence either ge­nerall or speciall; so would no doubt fall out the same oft-times that now they do, were there no prouidence at all, but the creature left to it owne worke and will. In regard whereof the Scholeman not vnfitly saith, that Diuisoria Sor [...] locū habere posset, etiamsi res humana fortuitò agerentur. Thom: de sortib: c. 5. there might be some vse of some kind of Lot, although there were no prouidence at all to guide it, for that Conting [...]t aliquē diuisoria Sorte vti, non quas [...] requirat iudicium diuinum, sed quasi commit­tens fortunae; quod maximè videtur in lud [...] taxillatori [...]. Thom: ibid. in the same, the decision of the matter in question is referred wholy, as we shall see after, to the casuall motion of the creature, with­out any speciall prouidence of the Creator required therevnto. In a word, if in casuall euents we consi­der ought beside the [...]ature and the vncertaine motion thereof, (vncertaine (I say) to vs, because not determinable by vs, though determined ordina­rily [Page 20] [...] [Page 21] [...] [Page 22] by some naturall cause or other:) there is no­thing guiding them but Gods prouidence: which two things, the act of the creature, and Gods proui­dence accompanying it, though neuer sundred or seuered, yet are to be distinguished and distinctly considered, and not to be confounded the one with the other.

§ 5. A second conclusion: The casualtie of an euent doth not simply of it selfe make it a worke of Gods speciall or immediate prouidence. It is ap­parant: for there is oft-times a more speciall proui­dence in many things that are not casuall but con­tingent only, then in the most things that are casuall. How many casuall euents daily befall vs, euen as many almost as we meete with men, or tread steps on our way, when euery cast of our eye ministreth new variety of casualtie, and euery vnexpected ob­iect bringeth a casuall euent with it; which yet no man will be so senselesse as to account so many se­uerall works of speciall or immediate prouidence? And yet some one contingent euent onely among many other meerely casuall may be so, when they are not. For example; for a man on his way to be crossed oft by an Hare, to meete with many vn­knowne, finde a peece of old yron, spie a couey of Partridges, haue his hat blowne of his head, and the like, may well befall a man and be all meerely ca­suall. But for a mans frend out of suspition of dan­ger and fore-cast of distresse that his frend may in­curre, to inforce his com [...]any vpon him, whereas otherwise he should trauaile alone and is desirous so to doe, and being in company with him to be a [Page 23] meanes of sauing his life by recouery vpon a fall, or by rescue vpon assault, were an euent contingent rather than casuall. And yet who would not ac­knowledge a more speciall prouidence of God in the latter that is lesse casuall, or rather not casuall at all but contingent onely, deliberatory and volun­tary, vndertaken vpon mature counsell and forecast, than in the former, that are or may be meerely ca­suall, and fall out beyond all expectation, without any forcecast at all?

It is true indeed that Gods prouidence is more manifested in things casually befalling vs for good or euill, than in things that befall vs contingently by meanes of men and their forecast and affection to vs, or their hatred and malice; as more in things that fall out contingently, than in things that are neces­sarie. Howbeit the prouidence of God ordinarily extendeth it selfe to all of them alike, and is more speciall sometime in some things not casuall than in others that are such. Yea in the same euent either casuall or other may a more speciall prouidence of God be iustly deemed to be at some time than at other in regard of circumstances concurring: as for a man trauelling ouer Salisbury plaine to finde a pitcher of water left occasionally there, hauing no neede of it or vse for it, no man, I suppose, would expound as a speciall prouidence of God: But for a man exceedingly vexed with thirst, extremely di­stressed, as Iudg: 15.1 [...]. Sampson sometime, and ready to die for want of water to drinke, to light on the like booty casually, as Genes. 21.19. Hagar was directed by Gods Angell to a Well, he would haue iust cause to esteeme it to [Page 24] haue a special prouidence of God in it, and might well terme the place where he should so finde it, as shee did an other place where Gods Angell found her, [...] puteus viuentis (Dei) videntis me. Genes. 16.14. Beer lachai roi, or the Well of the liuing God that looked after me when I was neere lost. No man not fondly superstitious would account so of the one; and no man not grossely impious but would iudge so of the other: yet both equally casuall: the casu­altie of euents therefore doth not of it selfe simply adjudge them to either.

§ 6. A third conclusion: That may be casuall to one that is not casuall to another; where there is forecast and fore-knowledge and counsell fore­seeing or directing and disposing it in the one, and not in the other: and that may seeme such, which indeed is not. For the better conceiuing hereof we are to consider that in casuall euents two things do concurre, [...] Aristot: physic: l. 2. c 4. Fort [...]ita quae sunt, [...]ulla nec arte nec sapientia praevideri p [...]ssunt. Cic. diuinat: l. 2. ignorance or want of fore-knowledg foreseeing them, and inconsideratenes, or want of fore-cast directing them: for these things make the euent of them vncertain to vs: & vncertainty bree­deth casualty. Yet is not that all out true here that some say, that Ignoratio [...]au­sarum confinxit fortunā. Lactant: instit: l. 3. c. 29. & Ram: dialect: lib. 1. c. 5. ex Cicer: quast. Academ: l. 1. Ignorance of causes forged the terme of Chance or Fortune: and that Nihil aliud in rebus casum voca­mus, nisi cuius ratio & causa secreta est. Aug: contra Academ: l. 1. [...]. 1. Chance is nothing but that, the cause whereof, or meanes whereby it is effe­cted, is hid from vs. For many things we know not the cause of, which yet we ascribe not to chance, nei­ther indeed are they casuall; but some of them are necessarie, as that the Load-stone should attract yron and steele, and direct the needle touched with it Northward, &c. no knowne cause or certaine reason can be rendred of either; and yet are they necessary [Page 25] and naturall, not casuall euents: some onely con­tingent, as the returne of Ague fits in an ordinarie course is not casuall, to speake properly, but con­tingent on [...]ly at the most, euen to such a one as out of ignorance of the true cause and ground of its re­course in that manner, suspecteth it to be some kind of spirit. Againe many things there are and come to passe daily, which we know the causes of, and yet are they casuall to vs, because they were not fore­seene by vs: as when an Hare started by hounds crosseth a man tra [...]ailing on some other occasion; though he be neither ignorant of the cause of his owne journey that way, nor of the cause of the Hares crossing the way at that instant, yet may it be casuall to him that an Hare then and there should crosse him: whereas if a man knew before-hand what would fall out or befall him on the way, no­thing then that did betide him should be casuall vn­to him. Thus then may the same thing be casuall to one, that is not so to another; because it was fore­seene and fore-knowne by the one and not by the other: as 1 Sam. 10.2, 3▪ [...], 10. Sauls meeting them that Samuel had foretold him of before, was casuall to them he met, not casuall to Samuel and Saul himselfe, the one that foresaw it by reuelation from God, the other that fore-knew by relation from him.

Againe, all counsell and fore-cast is excluded from casuall euents. Nothing that is done by ad­uice, counsell or fore-cast, is done casually in regard of him that so doth it. Quiequid cas [...] fit, te [...]rè fit. Aug: 83 q [...]st. 24. What is done casually is done vnaduisedly, saith Augustine. And In cas [...] temeri­tas, non ratio [...] consiliu [...] vali [...], C [...]: diuin: l. 2. Temeritie swai­eth in casualty, not reason or aduice, as we haue for­merly [Page 26] shewed. In regard whereof we vse to say of those that speake inconsiderately and deale vnad­uisedly and vnconstantly, that Reliqua sic à me aguntur & agen­tur, vt noncommit­tamus vt [...]a quae gessimus, fortuitò gessif [...]e videamur. Ci [...]: ad Attic: l. 1. ep. 15. Non c [...]m­mittam, vt quae gessi, casu m [...]gu & foelicitate quam virtute & consilio gesta videantur. Idem pro Sylla. Et And [...]cid: de myster: [...]. they deale as if they dealt by casualtie, [...]. Xenoph. paed l. 1. or went by Lotery; that they speak [...] as Hoc no [...] est con­fiderare, sed quasi sortiri quid loqua­re. Cic: de nat: De [...]r: l. 1. if they drew cuts what they should say. And thus againe may that be casuall to one that is not so to another, because it is beside the intent and purpose of the one and not of the other. Thus was 1 King. 21.20. Ahabs meeting Elias casuall to Ahab, but not casuall to Elias, who went of purpose to meete Ahab: thus Iudg. 11.34 Iephtaes meeting his daughter and shee him, was casuall to him who expected her not, not casuall to her whose purpose was to meete him.

Yea thus many things seeme casuall when indeed they are not; [...]. de Crespbont [...] Polyae [...]. stratag: l. 1. vt tectè legit Casa [...]b: being thought to come by aduen­ture, when they are done by art and aduice: as Plato counselleth the rulers of his imaginary [...]. Plato de repub: l. 5. Id [...]m & in Timaeo. state to cou­ple persons togither by a slight and semblance of lotery, that they might seeme to light either on other by lot or by chance, when indeed it was done by their cunning and slight. Thus Darius his horses neighing after the mare which he had bene with lately before in that place, seemed casuall to his competitors, who before [...]. Herodot: l. 3. Viam invenerunt, qua de se iudicium Religioni & For­ [...]un [...] committerent: p [...]cti inter se, cuius equ [...] ant [...] solis ortum (an [...] regiam couveni [...] tium) hinni [...]um pri [...]us e [...]idissit, is Rex esse [...] Iustin: [...]ist: l. 1. had agreed to settle the Empire on him whose horse should first neigh at their next meeting in that place; but neither was so [Page 27] indeed, nor seemed so to himselfe, or at least Hin [...] statu [...] [...] Dario in rei ges [...]ae monimentū er [...]ct [...] epigraphe, [...]. Here­dot: ibid. to his groome who had laid the traine before for it. A [...]etius problē: cl [...]s. 1. loc. 57. Thus a man sendeth his seruant on an errand through such a lane, where he knoweth that he shall meete his mistres comming from market laden with meat; they meete accordingly the one not expecting the other, and suppose they meete casually, when in­deed it is no casualty, but the good mans care fore­casting it for the ease of his wife. Morna: de verit: relig: Christ: c. 13. Thus the ser­uant lighteth on money, that his master hath laid of purpose as a bait to try his honestie withall, whether he will restore it or retaine it, and thinketh it came there casually, where it was purposely disposed. And of this kind, in a word, is all co [...]en and cunning conueyance vsed in Lots to make that seeme casuall that indeed is not, but is caried by slight; a thing so common in such courses, that among the Dutch it is reported to be growne to a by-word, In Lotery is Bouery, that is, knauery or cosenage. Now howso­euer in such cases the ignorance of causes maketh those things seeme casuall that indeed are not so; yet to speake properly, it is rather the ignorance of euents, as in the former cases, that maketh things in­deed casuall vnto any; by meanes whereof it com­meth oft to passe, that the same euents are casuall to some that foresaw them not, and yet not casuall to others that foresaw them before: and so it is true, that Fortuna in igno­rantia nostra fu [...] ­datur. Mor [...]: de verit: rel: Chr: c▪ 13. Tolle ignorantia [...] è personis, fortunā à reb [...]s, é (que) reru [...] natura t [...]ll [...]. Ibid. Casualtie dependeth vpon our ignorance; which therefore Qu [...] mi [...] sci­mus, [...] plus fortu­na; quo plus, [...] fortun [...] minus. Morn: ibid. Quippe intellectus vbi maior inest, mi­nus illuc est de for­tuna. Gerson super Magnif. the more we know, the lesse we are subiect vnto.

§ 7. And hence followeth the fourth and last Conclusion: That there is Deo nihil fortui­tum. Gerson super Magnif: (Deo) vt­ [...]iunt cuncta, no [...] incidunt. Sen: d [...] prouid: c. 5. no casualty with God; [Page 28] because no ignorance in God. There is nothing, I say, casuall vnto him; yea nothing commeth con­tingently, but Deus necessariò & immutabiliter nouit & praenouit vniuersa, [...]tiam fu­tura contingentia. Lomb: s [...]ntent: l. 1. d. 38. & 39. Thom sum: part: 1. q. 14. art: 13. Scot: super 1. d. 29. q. 5. & [...]o­eth: cons [...]l: philos: l. 5. pros. 6. all things necessarily in regard of him and his decree. If we respect indeed the crea­ture, and its manner of working, some things come to passe necessarily, some contingently, some ca­sually. But if we respect Gods will and purpose, his praescience and prouidence, nothing falleth out contingently or casually, but all things come to passe necessarily. Nothing contingently: for in contingency is vncertainty: but Apud Deum quippe iam factam est, quod ei [...] dispo­sitione futur [...]m est, qui fecit quae futu­ra sunt. Aug: in Psal. 104. In D [...]i dispositione iam fa­cta sunt, quaecun (que), futura sunt, qui nō aliter nouit facien­da quā facta. Id [...]m de ciuit: Dei l. 10. [...]. 12. Omnia enim quaecunque voluit, non solum praeteri­ta, vel praesentiae, sed etiam futura iam fecit. Ibid. l. 22. c. 2. Et ideò tanquā praeterita dicuntur quae futura sunt, quia Deo & futura tam certa sunt, tamquā praeterita sint. Id [...] in Psal. 43. all things are cer­taine with him, who hath done already what he will do or will haue done; and with whom whatsoeuer euer shall be, is as sure as if it were done already. For Prou. 21.3 [...]. There is no wisdome, nor vnderstanding, nor counsell against God. Psal. 33.10, 11. He disanulleth the deuices of Nations, and defeateth peoples purposes: But his counsell shall euer stand, and his purposes shall alwaies take place. Nothing casually; because he Prou. 15.3 [...]. Hesiod. oper. l 1. [...]. Eurip: apud Clement: pr [...]otrept. seeth all, and Ioan 2.24, 25. & 16.30. 1 Ioan. 3.20. know­eth all; yea [...]. Xenoph: Cyr: ped: l. 1. Deus omniae deprehe [...]dit antequam [...]ant. Ambr: epist: 12. Futura omnia diuinus prae [...]urrit intuitus. Boeth: consol: lib. 5. pros. 6. he foreseeth and foreknoweth all that euer shall be. For Act: 15.18. Nota ergò fetit, non facta cognouit. Aug: de Gen: ad lit: l. 5. c. 1 [...]. from the beginning of the world, yea from all eternitie, God knew all his works; his fore-knowledge and praescience being coeternall with himselfe and his owne essence: and all the thoughts, and words, and works of all his creatures are as well knowne to him as his owne are. For [Page 29] Psal. 139.2, 4. There is not a word in my tongue, but thou, Lord, who­ly knowest it, saith Dauid: and thou vnderstandest my thoughts long before. And 1 King. 8 39. Act: 1.24. Thou alone knowest all mens hearts, saith Salomon. And againe, Heb. 4 12. All things are naked and broken vp to him with whom we haue to doe. Yea as he foreseeth and foreknoweth all things ere they are; so Deo in cousp [...]ctu praesto simul sunt vniuersa, praes [...]ntia, praeterita, futura Aug: de triui [...]: lib. 15. cap. 7. Nec si­gill [...]tim videt o [...], sed simul. Ibid. cap. 14. Simul, non luc­cessiuè omniae vi [...]et. Thom. sum: part: 1. q. 14. a. 7. he seeth and knoweth all things past, present and future at once. Thom: sum: part. 1. quaest: 14 a. 13. Iun: de peccato Adae q. 1. cap. 4. Huic ex alto cuncta tuenti, Nulla terra mole resistun [...]; Nō nox atris nubibu [...] obstat. Vu [...] menti [...] cernit in ictu, Qua sint, quae fu [...]riut, veniantque Quem, quia respicit o [...]nia soiu [...], Ver [...]m possis dicere Solē. Boeth: consol: l. 5. me [...]r. 2. Itaque si praescien­tiam pen [...]r [...] velis, qua cuncta dinos­ [...]t, non esse praesci­entiam quas [...] futu­ri, sed scientiam nunquam de fi [...]ientis instantiae r [...]ctius existima [...]s. [...]nde non praeuidentia, s [...]d prouidentia po­tius d [...]citur, quòd porrò à re [...] infimi [...] constituta, quasi ab excels [...] rerum cacumine c [...]ncta pro▪ spitiat. Ibid. pros: 6. We are as men on the way, that see who go before them or with them, but see not who come behind them: God is as one standing aloft on a sentinell, that seeth all both before and behind vnder one view at one in­stant. That which the Psalmist seemeth to allude vnto when he saith, that Psal: 33.13, 14, 15. [...]. Soph [...]l: Electr. God looketh downe from heauen and seeth all Adams sonnes; from his place of abode he viewes all the inhabitants of the world: and as he framed and fashioned the hearts of each of them, so he taketh notice of all their works. God therefore foreseeing all things ere any of them are, there can none of them fall out casually in regard of his Ma­iesty. But needs must he foresee all things euen ere they are, when there is nothing that he doth not euer see: and Omni [...] fi [...] videt, quorum nullum est quod non semper vid [...]t. Aug: trinit: l. 15. c. 14. Deus omnia semp [...] videt & simul. Lomb: sent: l. 1. d. 39. D. there is nothing but he euer seeth it, that seeth all things at once.

Againe, in regard of God can nothing come ca­sually, because by his prouidence and eternall coun­sell all things are guided and gouerned, and ordered by him to such ends as he seeth best himselfe. So [Page 28] [...] [Page 29] [...] [Page 28] [...] [Page 29] [...] [Page 30] that euen Apud Deum or­dinata sunt, eti [...]m quae in se maximè inordinata vide [...] ­tur. Vise Aug: de ordin: l. 1. c. 4, 5. & 83. quaest. 27. those things that seeme most disorderly in themselues, yet are ordred with him. For not only Eph: 1.11. Heb: 13.2 [...]. the best things are all effected and wrought by him; but euen Act: 2.23. & 3.18. & 4 27, 28. the worst and the wickedest are all so ordered and disposed by his eternall counsell and vnsearchable wisdome, that Per candē crea­turae voluntatem qua factū est quod creator noluir, im­pleuit ipse quod vo­luit. Aug: enchir: c. 100. Deus de eis qui faciunt quae nō vult, facit ipse quae vult. Idem de cor­rept: & grat: c 14. euen by those that do what he willeth not but forbiddeth, he fulfilleth what he willeth. Nothing therefore comming to passe but what God foreseeth, what God forede­creeth, what he hath foreknowne, and what he hath fore-ordained, there can nothing come casually in regard of God; casualty necessarily excluding all fore-knowledge and forecast. That which the Hea­then man of old foresaw when he said, that [...] Hip­pocr; apud Stob: Omnia Deo certa, nobis multa fortui­ [...]a. 1 Caluin: instit: lib. 1. cap. 16. § 9. Respectu Dei ordi­nisque diuini neces­sariò fiunt vniuer­sa, respectu verò nostricontinge [...]tia, casu, fort [...]na eue­niunt infinita. Zanch: de natur: Dei l. 5 c. 1. Thes. 2. § 4. rat: 3, 4. Nothing was casuall with God, though many things were with man. In which sense are we to take Augustine, where he reasoneth thus against casualty; Qaicquid casu fit, temerè fit. quicquid temerè fit, non fit prouidentia. si ergo casu ali­qua fiunt in mundo, non prouideniia vniuersus mundus administratur. Aug: 83. quaest. 24. whatsoeuer is done by casualtie, is done vnaduisedly: whatsoeuer is done vnaduisedly, is done without forecast or foresight: if ought therefore in the world come to passe casually, the whole world is not administred by forecast or fore­sight. Which argument or ground of his simply con­sidered Tam contingentiam q [...]àm cas [...]m excludit. Caluin: iustit: l. [...]. c. 16. § 9. might exclude as well all contingencie in regard of vncertainty, as all casualty in euents, but must of necessitie be vnderstood of the euents of things onely as they regard God; with whom, be­cause he fore-seeth all things before they fall out, and fore-determineth all things how they shall fall out, none of those euents are casuall, that are most [Page 31] casuall vnto vs, none contingent of those many that are contingent vnto vs.

CHAP. III. Of the seuerall Sorts of Lots.

§ 1.THus much then shall suffice to haue spoken of the definition of a Lot, and of Casuall Euents, whereof a Lot is one, in generall: we will now proceed to consider of the seuerall Sorts and Kinds of it.

In the diuision of Lots therefore I finde much diuersitie among Writers, some referring all to two heads, some to three, some to foure, some to more, vncertaine how many.

Lyra in Num [...] c. 34. & in [...]rou [...]. c. 16. & in Iome. 1. diuisoria ad aliquid inter plu [...]es di [...]i­dendum; consulto­ria ad aliquid de­termina [...]è agendū. Lyra maketh but two sorts of Lots, diuisorie, vsed for the diuiding of something betweene diuers; and consultorie, for the determining of somewhat to be done. The former, saith he, lawfull and free from offence, if without greedy desire of gaine the euent be committed to the chance or the casuall motion of the creature: the latter vnlawfull, if the euent of it be ex­pected from any created power beside the casuall act of the creature, as from the motion of Planets, or the operation of euill Spirits; not vnlawfull if it be ex­pected from God or good Angels, so it be done in case of necessitie, with due reuerence, and out of Ecclesiasti­call Elections.

[Page 32] Lavat: in Prou. c. 16. diuis [...]riae, lici­tae, qusbus heredi­tares, possessiones, praedae, &c. diui­duntur; diuinato­riae illicitae, quibus occulta investigan­tur, quisue rerū aut personaris futuru [...] fit exitus. Lavater likewise, and Schindler: [...]n l [...]x. pentaglos: Schlinder make two sorts, but in different termes, diuisorie and diuinatorie: diuisorie, vsed (as before) for diuision of possessions, legacies, spoiles, offices, exercises, imployments, and the like, and these lawfull and commendable: diuinatorie, vsed for the finding out of hidden and vnknowne truths, and the foretelling of future euents, and these vnlawfull and damnable. The consultorie Lot they thinke to be included in the two former, though not the same simply with either.

Serar: in Iosh: [...]om: 2 c 7. q. 17. Sorte vel cognitio quaeritur sola prae­teritorum, praesen­tium, futurorum; & est diuinatoria; vel actio eti [...]m quaecunque subcon­silium & delibera­tionē cadere potest; & est consultoria: ad quem diuisoria revocari potest. Serarius againe maketh two sorts another way, consultorie, and diuinatorie: For that, saith he, that by a Lot is sought out, is either the bare knowledge of things past, present or future; or beside the knowledge of something any action whatsoeuer that may come within compasse of deliberation and counsell; that is done by a diuinatorie, this by a consultorie Lot: the diuisorie Lot may be referred, he thinketh, to this latter.

§ 2. Thom: sum part: 2. 2 [...].q. 95. art 8. & de sortib: cap. 2, 3, 4. Diuisoria qua quaeritur, quid cui fit exhibendum; Consultoria, qua quaeritur, quid sit agendum; Diuinatoria, qua quaeritur, quid fit futurum. Thomas Aquinas maketh three sorts, diui­sorie, consultorie, and diuinatorie: diuisorie, determi­ning what each one shall haue; consultorie, inquiring what were best to be done; and diuinatorie, searching what shall hereafter ensue. In these, saith he, the euent is expected, either from the starres, and that false and vaine; or from chance alone, as in the diuisorie, and that not wholy free from some vanity; or from some spirituall cause directing it, and that either the Deuill, and that wicked, or God, and that of it selfe not euill; yet such as may become sinfull, if Lots be vsed, vpon no necessitie, without due reuerence, with abuse of di­uine oracles, or in Ecclesiasticall offices: otherwise in case of necessitie it being lawfull with due reuerence to [Page 33] implore by Lot a diuine sentence. In his steps tread most of your Ludouic: de Pruss: trilog: ani­mae part. 3. cap. 21. Henr: Herp: spec: aur: de praecep: 1. ser: 4. Astesan: sum: lib. 1. tit. 14. Syl [...]est: & Angel: sum. Io: Busae [...] ad Bles: Ep: 30. & alij. Popish Writers; saue that some of them, as Caietan: summa peccat: de Sort. Caietan, and Tolet: sum: cas: conse: l 4. c. 15. Tolet restraine these cauti­ons to the consultorie Lot only; some of them with Malder: de su­perstit: tract: 10. cap. 7. dub: 9. Malderus, and Delrio disq. mag: l. 4. c. 3. q 7. § 4. consultoria aequè a [...] divinatoria hodi [...] damnatur. Delrio condemne vtterly all both consultorie and diuinatorie Lots, saue in case of speciall either command or instinct, Mald: & Delr: ibid: c. 4. q. 1. allowing the diuisorie wheresoeuer, being vsed without wrong or iniurie to any. And of ours, Martyr in 1 Sam. c. 10. Peter Martyr, as he setteth downe the same sorts, so he passeth in a manner the same censure vpon them: that to expect the euent of them from Chaunce or Fortune is friuolous, from euill spirits superstitious, from planets ridiculous, from God alone religious, and onely lawfull, so that vsed in case of necessitie, reuerently and religiously, without superstition, without fraud or collusion, and without abuse of diuine oracles.

Paucer: de di­uinat: c. de sort. Peucer and Kr [...]kevitz in Ion. c. 1. Sortile­gium triplex; diui­num, diuinitus re­ctum & directum; ciuile, seu politicū; diuinatorium & superstitiosum. Krakevitz make three sorts also, but in another sort: Lots diuine, guided and gouer­ned immediately by God; such as godly men vsed vpon Gods speciall commaund, not warranted now to vs: Ciuill or politike vsed for the ending of strife and law­suites, or the parting of goods, gifts, and legacies, or the collation of some honours and offices; which may law­fully be vsed with mutuall consent, and without couen and fraud: and Diuinatorie or superstitious, whereby men presume vpon idle grounds, neither warranted by Gods word, nor founded on naturall reason, to find out hidden truths, and guesse at future euents; a course Satanicall, and in Scripture expressely forbidden.

Perkins of Witchcraft. Perkins againe maketh three sorts with some new alteration: ciuill or politicke, vsed for the diui­ding [Page 34] of bargaines &c, to end strife; sporting, vsed commonly for the setting vp of banckrupts; diuining, vsed for the foretelling of future euents: The first warrantable vsed in cases of weight and necessitie, with invocation of Gods name; the two latter notable abu­ses, hauing no warrant in Gods word.

§ 3. Eas [...]y historie of Gospell. Easty onely maketh foure sorts; diuine, appointed and commanded to be vsed by God; diaboli­call, for diuination, condemned of all; politicall, for choise of Magistrates in cases of warre, tolerated by many; ludicrous, for sport and pastime, questioned by most: and by himselfe disallowed.

Lastly Serarius, besides his former diuision; and another of Serár: in Iosh: [...]om: 2. c. 7. q 17. Sors soria, lus [...]ria. serious and lusorious; as also those that diuers others haue, of Permissa, prohi­bita. Greg: Tolos: de appell: l. 2. c. 19. permitted and prohibited, of Licita, illicita. Gloss: ad Grat: cap. 26. q. 2. Chy [...]r. in Iud: cap. 1. Zanch: misc [...]ll: part. 2. c. de sort. bona & lau­dabilis, mala & re­prehensibilis. Iun: in Ion. c. 1. lawfull and vnlawfull, of Sacrae, profanae. Peucer: de diuin: dluinae, diabolica. Bodin: damonol. l. 1. c. 6. religious and profane: heapeth vp Serar: in Iosh: vbi sup. many others to small purpose, drawne from the great variety and diuersitie of workers about them, instruments vsed in them, matters disposed by them, the manner how, the places where, the times wherein they were vsed, and the like.

§ 4. But leauing these and the like diuers and disagreeing diuisions to their seuerall Authors cros­sing the one thus the other: we will assay (if it may be) to giue somewhat a fuller, and more exact distri­bution; at least fitter and more commodious for the businesse here intended, then the most of them haue done.

Lots therefore may be all well referred to two heads, and sorted into two ranks, either of Ordina­rie, of which kind those are which they commonly terme Diuisorie; or of Extraordinary, such as the [Page 35] Consultorie and Diuinatorie are: the Ordinarie may be subdiuided into Serious and Lusorious; and these againe distinguished by sundry differences as occasion shall require.

CHAP. IV. Of Ordinarie Lots serious.

§ 1. TO begin then with the former sort: Ordinarie Lots I call those whose full worke may be effected by the ordinary or naturall power of the creature vsing them and vsed in them: or wherein no extraordinary power or prouidence is required for the direction of the action to that end wherevnto it is applied.

Of this kind are all those Lots that are meerely Diuisorie, wherein the matter in question and con­trouersie is euer such as may well be decided by the casuall motion or euent of the creature, being com­mitted therevnto by those in whose power it is to dispose of it, without any speciall prouidence or extraordinary meanes required for the directing of the action in this or that manner: which kind of Lots may be termed also Ciuill or profane Lots, taking the word profane, as it is opposed to Sacred, in the better sense. Where commeth to be con­trolled their definition of a Lot, who define a Aret: probl: [...]las: 1. loc. 57. Sors est modus consulendi De [...]. rari [...]r qui­dem, licit [...] tamen, in eu enentis, vbi nec rati [...], nec consi­lium l [...]manū com­modè adhiberi po­test. Et Zanch. [...]is­cell: part: 2. tract: de fort: Actio hi [...] ­mana in h [...]c fin [...] ̄ instituta, vt ex eius euentu rem nobis incognita [...] diuini­tus agnoscore possi­mus. Lot to be a kind of consulting with God of rare vse, yet law­full to be vsed in such accidents, where neither reason [Page 36] nor humane aduice can conveniently be had. For there is nothing lesse than any consulting with God in such Lots as we now speake of, there being no cause, nor reason, nor ground, nor occasion so to do: seeing there is neither any question concerning Gods will, what he would haue done or not done, nor any thing to be done that in regard of the diffi­cultie of doing it, requireth any speciall aide and assistance or diuine presence or prouidence, more than any other ordinarie act and affaire of this life. For there is nothing expected or required in these Ordinarie, Ciuill, Diuisorie Lots, but what is in the naturall power of the creature therein vsed, the will and consent of the creature making vse of it con­curring, as easily to effect, as for a man that hath his lims to walk, or that hath his sight to see: that which may euidently appeare vpon a diligent view of the seuerall examples hereafter ensuing.

§ 2. These Ordinarie Lots againe are of two sorts, either Sors seria, luso­ria. Serar: in Iosh: tom: 2. [...] 7. q. 17. Serious or Lusorious. Serious I call such as are vsed in serious businesse, be it great or small, weighty or light, so as not matter of meere sport or delight alone, which is the Lot that some of the former Authors terme the Diuisorie Lot, in regard of the frequent vse of it in diuision of lands, goods, chatels, bargaines, exercises, offices, imploy­ments, and the like: And that of which Salomon speaketh where he saith, that Prov. 18.18. The Lot stinteth strifes, and maketh partition among the mighty.

Now of this kind of Lot there is great variety of Examples as well in Holy Writ as in prophane Writers. And we may obserue them to haue bene [Page 37] vsed either for distribution of matters of Office and Charge, or for diuision of possessions & lands, of goods and chatels, or the like.

Matters of Office or Seruice and Charge distri­buted by Lot haue bene either Sacred or Ciuill.

For the former: to passe by that bold fancie of Origen: in Iosh: l. [...]m: 23. Angelis sertitò gentes, ho­mines (que) diuisi. Origen, which he gathered from Deut. 32.8. a place of Moses mistranslated by the [...] Se [...]t. Septuagints, and by himselfe misexpounded, that the Angels in heauen haue their charges by Lot assigned them, who shall Dan: 10.13, 21. rule this or that Prouince, who Matth: 18.10. Act: 12.15. tend this or that person, who Apoc: 1.20. Ori­gen: in Luc: h [...]: 13. gouerne this or that Church, writhing and wresting diuers places of Scripture for the proofe of this his friuolous assertion: As also to put by that apparent error of Ambr: in Luc: c. 1. Summ [...] sacer­dos adbuc sorte quaeritur. Ambrose; wherein many yet not B [...]da in Act: c. 1. Alex: de Ales sum: part: 2. q. 185. m 4. Thom: de sort: c. 2. & Caietan: in Luc. cap. 1. of former times only, but Bulling: in Act: c. 1. Perkins aurea armil: c. 22. Schindl: len penta­glot: of later dayes also, and those of good note, follow him; who de­ceiued by Luk: 1.9. a place of the Gospell by him misvn­derstood, saith that the High Preist in the Old Testa­ment was elected by Lot: whereas it is apparent by euident proofe to the contrary, that the high preist­hood among the Iewes went Num: 20.25, 26, 27, 28. & 25 12, 13. Levit: 16.32. Iudg: 20.28. legally and vsually [...] Ioseph. in Appion. l. 2. by descent, though caried 2 Macc: 4.8, 9, 10. [...] Eus [...]b: Chron: can: Ignobiles quid [...]m & alio temp [...]re alij ab Imperatoribus Rom. sacerdotium emebant. Hieron: à praesidilus nundinabantur. I [...]s: Scalig: meliùs. Interierat summi i [...]s sa­cerdo [...]ij, aut auatritia interceptum, aut potiorum insolentia, qui licere quod vellent ins putabant. Heg [...]sip: excid: Ierof. l. 2. c. 12. Vise Ioseph: antiq: l. 15. c. 3, 12. & [...], 18. c. 3. & l. 20. c. 8. & capt: l 4. c. 11. & Euseb. demonstr: l. 8. c. 2. sometime indeed cor­ruptly by force, fauour or purchase, but Baron: annal: tom: 1. ann: 34. neuer that we reade of, saue [...] Ioseph: capt: l. 4. c. 12. once onely a litle before the last vtter ruine of that both Church and State, by Lot [Page 38] And lastly, not to insist on that groundles conceipt of the counterfait Prochor: hist: Ioan: c. 1. qui liber forte an idem cum S [...]r [...]bꝰ Apostolorū à Gelasio r▪jectus d. [...]5. c. S• Romana. Prochorus, whom yet Apostoli prouin­cias orbis ad Euan­gelium praedicandū sorte partiti sunt. Niceph: Call: l. 3 c. 1 [...] Euseb: hist: l 3. c. 1. Hin [...] & Ambr: de Tob: c. 20. S [...]rt [...]m miserunt super ve­s [...]em eius, i. super praedicationē Euan­gelij qua vestitur hodie Dominus. Et Bern: ad Eugen: l 2. Alij sing [...]li singu­l [...] sortiti sunt ple­bes &c. diuers concurre with, that the Apostles of Christ parted a­mong themselues by Lot the whole world for to preach and plant the Gospell in: and againe, Prochor: hist: Ioan: c. 1. the Seuenty two Disciples, which of them should accompanie and attend on each Apostle, as the 1 Chron: 25.8, 9. &c. Leuites d [...]d on the Preists: that Procho [...]: ibid. Iohns Lot light for Asia, and Prochorus his for Iohn.

To passe, I say, from these fond figments to the truth of storie. Sacred Offices, for the readier man­ner of performance and more orderly execution of them were in the Iewish Church diuided by Lot.

§ 3. The diuisions of Sacred Offices made among them by Lot were either Generall or Speciall.

In Generall, the whole body of the Tribe of Levi was by Lot sorted out into rancks.

For first, 1 Chron. 24.5. ad 20. the Preists were all diuided into twen­ty foure companies according to their families, which tooke their courses by turnes, euery weeke after weeke in order; the order of their courses being determined by Lot, Vt t [...]lleretur ma­ [...]eria querimonia­rum. Bella [...]m: de [...]leric: l. 1. c. 5. to take away all mur­muring, that none might complaine, as being lesse regarded and cast behind others.

And againe, 1 Chron. 25.8, &c. ad finem. the Leuites that were no Preists were likewise diuided into 24 companies, appointed to attend the former companies of Preists; who, which, and when, was decided likewise by Lot; all great and small submitting themselues alike to that sentence, that there might be no contention nor emulation amongst them.

[Page 39]In particular for the Preists that were of each companie, and were to serue at the same time, there were Populares v [...]iu [...] ephemeriae partie­bantur inter se mi­nisteria. In libr [...] Liturgiarum, Dicit illis praefectus, I [...] ­gredimini; Et sor­ [...]iebantur quis i [...] ­molaret, quis spar­ger [...]t, quis cin [...]r [...] l [...]vares altare in­teri [...], &c. Et ibid: Neoterici ad suffi [...] ingredimini & sor­timini. Scalig: emend: temp: lib. 6. c. 1. Vise & Car: Sigon: de repub: Hebr: lib. 5. cap. 2. & Ia [...]nsen: harmon: Euang: c. 2. Lots cast by them likewise for the sharing of Offices among themselues (partly to auoid confu­sion and contention; for 1 Cor: 14.33. God is a God of order and peace; and partly the better to settle the ser­uice; sithence [...] Aristot: polit: l. 2. c. 2. Qu [...]d ab om­nibus curatur, à nemine curatur. where most Ser­uants least Ser­uice. no man commonly regardeth that that is euery mans charge) who should tend the Al­tar of Incense, who the Table of holy bread, who the dressing of the Lamps, who the Altar of Burnt offrings, who should feede the Fire, who should carry out the Ashes &c. as by the bookes of the Iewish Liturgies is reported plainly to appeare. And thus is that place of the Euangelist Luke to be vnderstood, where it is said of Zachary, that being of the Course of Abia, and seruing in his Course, Luc: 1.9. [...] &c. vt supra, Ad suffi [...]um ingredimini & sorlimini. he went by Lot in to burne Incense: A place for want of this obseruation misvnderstood by many of the Auncients, who (to let passe here the repeti­tion of de Pontific [...] sort [...] designato. Ambroses error, which it seemes he drew hence) Chrysost: hom: de Natali Christi. Aug: in Iean: tr: 49. Ambr: Bed: E [...]thym in Luc: c. 1. supposing Zacharie to haue bene High Preist (which Vise Ioseph: antiq: l. 20. c. 8. Scalig: amend: temp: l. 6. c. 1. Baron: annal: in appar: Eastie histor: of Gospell. it is apparent he was not; for the High Preist was of no particular course, nor liued from Hierusalem, but had his imployment constant, and his abode continuall about the Temple:) and to haue gone in then to burne incense for the Levit: 16.12, 13, 14, 15, 29, & 23.27. so­lemne Fast of Atonement, Hebr. 9.7. at which time onely the High Preist entred not with incense alone, but [Page 40] with bloud also, and that but once in the yeere, into the innermost Sanctuary, (whereas Zacharie by Lot was assigned to do what he did) Vise Chrysost. de natal: Chr: did therevpon ground their groundles and vncertaine conceipt, (though in a matter of no great moment) which hath yet continued to these times, concerning the time of our Sauiour Christs conception and birth, Vise pueriliter satis argumentan­tes ex Ioan: 3.30. Chrysost: de nat: Ioan: Ambros: serm: 12. Aug: in Ioan: tr. 14. & de diuers:hom: 40. & de sanct: 21. & in Psal: 132. referring therevpon the one to the Spring toward the end of our March, and the other to Midwinter about the latter end of December, [...]. Epi­phan: haer. 51. quod tamen negat Hierō. ad Ezech: c. 1. or the beginning of Ianuarie: whereas [...]. vel vt alij. [...]. Clemens Ale [...]: strom. 1. quos sequitur Ly­diat: in emend: iēp: the most auncient referred his birth-time to our Spring their Haruest, about Aprill or May; and Scalig: ex orbibꝰ Hieraticis de emēd: tempr: lib. 6. Broughton concent: of Script: & Bero­ [...]ld: Chron: l. 4. c. 2. ex hebdomada di­midia Dan: 9.27. other later ones of great note, vpon grounds as vncertaine, would reduce it to September or Iacob: Cappell: in epoch: illustr: ad Octobr: 26. reijcit. October in Autumne.

But to returne to our Taske: As the Preists sha­red the seruices among themselues by Lot: so the Leuites likewise, as well those that were 1 Chron: 25.8, &c ad finem. Singers, as those that were 1 Chron: 26.13, &c. ad 20. Porters, decided by Lot, what order of course should be obserued in their musicall and ministeriall imployment by the one, and which gates of the Temple should be waited at and atten­ded by the other. Among whom also those that were to wait in the same place, being many in num­ber, [...]. Philo de honor. sacerd. are reported likewise to haue taken their turns by Lot, as well for the Psal: 134.1. nightly watch, as for the daily ward. The 1 Chron: 6.31. & 23.4, 5, 6. & 25.1, &c ad 7. 2 Chron. 8.14. & 29.5. Offices themselues were, it see­meth, distributed, who should be Singers, who Por­ters, &c. by Dauid, Nathan, and Gad, with other prin­cipall [Page 41] persons assisting them, hauing warrant so to doe from God: [...]. De Mose Philo de constit. princ. only the order and course of their imploiment in those offices was diuided vnto them, or decided and determined among themselues vp­on ioynt consent and generall agreement, by Lot.

And hence ariseth the phrase vsed by Simon Peter to Simon Magus, Act. 8.21. [...]. Thou hast neither share, not Lot in this businesse, Which speech yet no more prooueth what that bastard Prochorus broached, that the A­postles shared among themselues by Lot: no more then Gods commanding Elias 1 King. 19.16. to annoynt Elizeus Prophet in his owne place, (which was done, as the story sheweth, not by powring oyle on his head, but 1. King. 19.19. Vide Piscat notas ad cum lo [...]um. by casting a mantle on his backe) prooueth that Prophets were either ordinarily, or at all annoynted in the time of the Old Testament; (an opinion without sufficient ground generally receiued;) or that annoynting of Kings was euer vsuall in Persia, because Esai 45.1. Cyrus is termed the Lords annoynted; or that materiall oyle was powred vpon our Sauiour to that purpose, because he is called Psal. 2.1. Ioan. 1.41. & 20.31. Christ and Mes­sias, and is sayd to haue Esai 61.1. Psal. 45.7. Act. 4.27. & 10.38. beene anoynted by God. But, as to annoynt is there put for solemnly to set apart and appoynt, where yet there is no materiall annoynting at all, because into Exod. 40.13.15. Leu. 8.12 30. 1. Sam. 10.1. & 16.13. some sacred Offi­ces men were sometime by that Ceremony enstal­led: so is a Lot heere vsed for right or interest to deale in that holy businesse, which yet was not, saue in Act. 1.26. Matthias his case, disposed of by Lot, because sacred Offices or imployments had sometime been thereby distributed.

Thus Persecutionis tē ­pore; qui mamant, ne fuga fiat omniti; qui fugiant, no morte eorum dese­ratur Ecclesia; sorte legendi sunt. Aug. Epist. 180. Augustine would haue it determined by [Page 42] Lot among the Pastors of Gods people, where di­uers are in one City, in time of publike persecution: who of them should stay by it, and who should re­tire and reserue themselues for better times; that so neither those that stayed might bee taxed of pre­sumption, nor those that retired themselues be con­demned of cowardize. As also Baro in Ion. c. 1. it is reported by some to be the practise to this day in the Church of Geneua, that by Lots cast among their Ministers, some of them are assigned to vi [...]it the infected at the Pesthouse in times of generall infection by epidemi­call diseases.

§ 4. Now as in assignement of sacred Offices, so in distribution of ciuill Seruices & matter of charge, haue Lots among Gods people beene ordinarily v­sed. Two Examples especially are found of it in Scripture.

The former in a Military matter: where in the Le­uites Iudg. 20 9.10. quarrell, that had his Concubine rauished, so that she died vpon it at Gibea in Beniamin: the o­ther Tribes of Israel resolue to goe vp against the Beniamites their brethren by Lot: which yet is not so to be conceiued, as if by Lot it should bee deter­mined which Tribe of the eleuen should first goe vp against them: (for they are sayd to haue Iudg. 20.18. asked of the Lord at Shilo, and of the Priest that stood be­fore him there, which Tribe should giue the [...]us [...]t.) but their meaning is, as Pet. Martyr: & Fr. Iunius. two worthy Interpreters rightly obserue, by Lot to designe who of each Tribe should be warriors, and who should bee pur­ueyors, who should goe forth to fight, and who should be imployed to bring in prouisions [...] those [Page 43] that abode abroad in the field. Iudg. 17.6 & 18.1 & 19.1. & 21.25. The State there was then popular, as Martyr in Igud. c. 20. one of them well noteth: and therefore it seemed best to decide that by Lot, which without much tumult in an Anarchy could not easily haue beene determined otherwise.

The latter Example is in a City businesse; where the same people returned from the Babylonian de­portation, Nehem. 10 34. cast among themselues Lots by Ezra's direction, thereby to designe, who should vndergo the burden for the bearing of the charge & expence, or imploying their paines in fetching and bringing in of wood, to bee spent daily in Gods seruice on the Altar of burnt offrings; the times being then dangerous, and the worke of some difficulty in re­gard of their enemies that lay in wait for them on euery side.

§ 5. Neither was this vse of Lots lesse frequent among other nations then among Gods owne peo­ple; [...] Aristot. polit l. 6. c. 2. [...] Ibid. [...] Ibid. l. 4. c 16. [...] de Demo­cratia Otanes apud Herodot. l. 3. [...] Plut: ad Apo [...]lon most common in Democraties or popular Estates, because they seemed iustly to carry the greatest equality and indifferency with them, as [...]. Pl [...]t. sympos. l. 2. c. 10 they doe questionlesse (though such [...] Is [...]rat. Areopag. [...] Plut. de Socrat. damon. indifferen­cy indeed be not alwayes allowable, nor such equa­lity, stand euer with equity) but [...] Dion Chrys [...]st. orat. 64. [...], &c. Aristot. polit. l. 4. c. 16. no strangers in any [Page 44] kinde of state or forme of gouernment whatsoeuer: yea much vsed in the most flourishing and best or­dred Estates, nor reiected, but admitted and ap­proued by such state-masters or state-wrights (if I may so terme them) that so plotted and moulded states, as if they wrought them out of wax, as they deemed would bee for the best, and like longest to continue.

Thus Plato de leg. l. 6. Plato in his imaginary modell of such an Estate as he supposed would bee most exact and ab­solute in all poynts, would haue the most part of his Magistrates (some few excepted, as the [...]. Cheefe Iustice, and [...] &c. the Generall for warre with other mi­litary places) [...] to be designed yeerely by lot, for the preuenting of, and meeting with the peeuish­nes and waywardnesse of the multitude. To which purpose he willeth that [...] 360 be chosen yeerely by most voyces of the whole Communalty out of the foure rankes of his Citizens, (4 pound, 3 pound, 2 pound, and one pound men, as they reckoned, or Vise Breerwood de pond. & pret: num. much about 12, 9, 6, and 3 pound men, accor­ding to our account) 90 out of each ranke, for Sena­tours and Aldermen; and the one halfe of them by Lot assigned to gouerne the City for that yeere: as also 60 [...]. Sheriues, fiue out of euery twelfth part of the City, to gouerne the Territory thereunto ap­pertaining, diuided likewise into 12 parts; it being [...]. by Lot determined yeerly, which part of the City should send Rulers into this or that part of the Country. Besides these, hee requireth [...]. of six ele­cted by most voyces out of the first Ranke, three by Lot to be set apart for [...]. Surueighors of houses, edi­fices, [Page 45] high-wayes and water-courses in and about the City: and often so elected out of the first and second Rankes, fiue to bee [...]. Clarks of the market: Againe, one of 12 chosen out of the whole com­pany of Competitors for [...]. Master of the Reuels; and three of 12 that haue most voyces, for [...]. Triers and Disposers of prizes in solemne games, [...] Courts to be setled in each ward of the City; and for pri­uate causes Iudges, as occasion should be, appoyn­ted by Lot for the preuention of corruption; as for publike by speciall choyce. [...]. The election of Priests and such as haue charge of holy things to be left to God himselfe, for him by Lot to dispose, as he pleased.

§ 6. But to leaue his frame to those that list to make triall of it; in this particular many famous E­states haue much concurred with him. For first a­mong the Greekes, and more specially at Athens; to let Sparta passe, where I finde little done in this kinde by Lot, saue that [...] Plutar: in Lycurg. the Competitors for any Office were in order by Lot admitted sometime to passe the Suffrages of the Assembly, in whose power it was to chuse or refuse: At Athens, I say, were many of their offices and imployments, as well Ci­uill as Sacred disposed of Hinc [...] Aristoph: Ec­cles. [...] Schol. Et [...] Aeschin: in C [...]esiph. by lot.

[...] Aeschin. ibid. [...] Liban. argum. Demos [...]h in Androt. The Offices there were either wholly electiue, as the Areopagites, or Iudges that sat at [...] Act. 17.22. Mar­ [...]ius collis; vt Bezarectè: malè enim Erasm. & Gualt. in Poll. vicus: & Genen. nostrates, Mars his street. Mars his hill vpon ma [...]ters of greatest consequence, as wilfull [Page 46] murther and the like, Adijciebantur quotanuis, vtalij, Archontes 9. vt a­lij, Thesmotheta 6, si inculpatè se ges­sissent. Argum. A [...]irot. [...] de 9. i [...]is Plut. Peride, qui & Perielem notatum ait, quod in Concilium Are­opagiticum se inge­reret, null [...]m [...]x [...]ijs magistratum ansè sor [...]itus. chosen out of those that had vnblameably before born office elswhere, who con­tinued in that authority so long as they liued: or in part casuall, yeerely designed by Lot, as their sacred Senators or Legates that they sent yeere by yeere to the common Councell at Delphos; and their ordi­nary Senators, or their Councell of fiue hundred, taken out of their Commoners for the gouernment and iudicature of other ordinary affaires. These were chosen, [...]. Harpocr. Lex. Hinc Demos [...]h. in Ari­stog. [...] & Aristoph. nubib. [...] as it seemeth, Vise Sigon. de re­pu [...]. Athen. l. 2 c. 3 by putting together the names of all those of each ward that were capa­ble of that dignity noted vpon [...] Harp. Lex [...]het. ex D [...]moslh. de [...]nom. [...] He­sych qui & eò allu­sisse ait S [...]phoclem in Meleagro, ac si apud Ae [...]l setiam vs [...]tatumid fuiss [...]t. Quod Erasm [...]m decepit Aetolis istud tribuentem. adag 37. rent. 6. chil. 4. little tables or to­kens of Brasse into one vessell, and as many Beanes blacke and white, all but 50 blacke, into another, and so each mans token being drawne out of the one, and a beane withall out of the other, either he past to further triall, and held if he were approoued, or he was for that yeere reiected, as his beane proo­ued white or blacke. And thus [...] Argum. Androt. [...] Harpocr. fifty a peece being extracted out of each of the ten Wards (for Tribes they cannot well be termed, [...] ex. Aristot. Harp. a Tribe being, as the word importeth, but a third part of one of them) the whole number was made vp of the Councell of 500.

Now out of those, that were thus dignified by benefit of the beane, were [...] Arg. Andr. [...], Ibid. Et Poli. l. 8. c. 2. [...] Plut. Peric. nine againe by the like course aduanced to further place of authority ter­med Rulers or Regents; of which number were [Page 47] there 6 Masters of the ordinances, [...] Demos [...]h. the King or Ma­ster of their Ceremonies, the Maior for the yeere, [...] Heradot. l. 6. and the Martiall. After the 500 thus designed, and the nine Regents called out of them, [...] Aristot & Aesrbine Har­pocr. & Li [...]. ar­gum. Andr [...]t. pau­lò aliter Polluxo­nem l. 8. c. 9. § 32. Hinc Thucud. l. 8. [...]. Lots were againe cast, or drawen rather for each of the ten Wards, which should rule first (for the princi­pality of each of them was to last little more then a moneth, to wit, the tenth part of their yeere) which next, and so on to the yeeres end. This decided by Lot, all the Princes (for so now they were stiled all of that Ward that had the white beane) of the prin­cipalitie that then tooke place, drew by Lot againe [...] Lib [...]. [...]g. Aud [...] & V [...]i in Median à q [...]bus [...] ten Presidents that might rule for the seuen first dayes, and then ten more for the seuen next, and so on till the 35. dayes were expired, the full time of their whole principalitie. Out of which tenne a­gaine there was by Lot likewise drawne out [...] a Commander or a Prouest, whose gouernment in that kinde lasted but one day of the sauen, neither might any one of the ten haue it more then once or aboue one day at once, because the keyes of the Castle at Athens were in his keeping: and so seuen of them hauing it in course as the white beane fauou­red them, three of them of necessitie were debarned of it.

Ex Schol. Aristoph. in Plut. When causes were to be heard and tried, the Masters of the Ordinances accompanied with a Re­gister, called those that had power of iudicature together into one place; and, whereas there were ten [Page 48] Courts, that held plea of seuerall kinde of suits, mar­ked with seuerall letters, set in Ita Schol. ex A­ristot. vbi tam [...]n alia Scholia colo­rem omnibus eun­dem [...] appingu [...]t. seuerall colours (as it seemeth) ouer the seuerall Court gates; Hinc Dem [...]st. in Aristog. 1. [...] Et huc allusit Aristoph. in Eccles. vbi ait; [...] &c. Quae [...]um apud Suidam parum consideratè legisset, ad sortes conuiuales retulit Lelius Bisc. hor. subsec. l. 9. c. 13. Sic. Lucian. dica­ster. [...] Et A­ristoph. Pluto de sene capulari; [...]. Vise sit Sig [...]n. de repub. Ath [...] 2. c. 3. & Rhodig. antiq. lect. l 12 c. 18. by Lot they assigned [...] Lucian dicaster. a competent number of persons ac­cording to the qualitie of the suits to be heard, for each Court, as they drew beanes or acornes, (for Vise Aristot. infra apud Aristoph. Schol. those also are reported to haue beene vsed in this businesse) with the letters vpon them that belonged to those Courts: each of which persons so allotted Aristo [...]. ibid. hauing receiued first a Rod from the Crier with the name of the Court written on it, or of the same colour that the letter was ouer the Court gate, hee went with that and his beane or acorne vnto [...]. Arist. in Athen. polit. apud Schol. Aristoph. Pluto. that Court that had the letter on the one of the same co­lour with the other, and was there admitted for a Iudge.

Besides these ordinary Iudges were there certaine [...] Harp [...]c [...]. [...] Demost. in Aphob. Arbitrators also or Vmpires (other from such as were chosen by mutuall consent of both sides) by Lot assigned for the hearing and ending of lighter matters, [...] Pollux l. 8. c. 10. diuided likewise among them by Lot; which they did, assisted by certaine [...] Pollux. l. 8. c. 8. §. 6. Clerkes of the pleas designed also by Lot: Harpocr. & Poll. l. 8. c. 10. from whose sentence such as liked it not, might appeale to the Iudges.

Now in this designation as well of their Senators, as of their nine Regents, it was constantly obserued [Page 49] that [...] Ex Platon. Hyperbolo Harp. Lex. some were euer by a second Lotterie added after a iust number drawne, that if any of them drawne formerly, either were reiected vpon triall, or deceased within the time of his Regiment, the other might immediately supplie his place. And Hinc Aescbines decorona Demosth. obijcit, quod [...] Senatū in­gressu sit. there was a great penaltie for any one that should intrude himselfe into Court or Councell, not being by Lot assigned so to doe.

I find further among the Offices carried at Athens by Lot; [...] Pollux l. 8. c. 8. § 10. [...] Harpocr. Ten Treasurers taken out of those of the best ranke: [...] l. Etym. & Harpocr. Ten Controllers 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: [...] Ex A­ristot. Harp. [...] &c. [...] Demost. in Timocr. Virosq hos 15. fu­isse cōtendit Meurs. lect. Attic. l. 1. c. 19. Ten Surueighors or Scauengers: [...] Etymol. [...] ex Ari­stot. Harp. Ten Wardens of the Ports: [...] ex Arist. Harp. Ten Clarkes of the Market: as also the Office of [...] Etymol. [...] dictos. ex Phalareo Poll. l. 8. c. 8. §. 20. the Eleuen; [...] Poll. ibid. 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 [...] &c. Pollux l. 8. c. 8 §. 11. the Officers also of each Principality before mentioned had one the like chosen likewise by Lot to attend them for the kee­ping [Page 50] 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 [...]. Plato apud Bud. in comment. [...]. Pollux l 8. c. 8. §. 3. Eodem ferè loco erat quo Rex Sacrificulꝰ Ro­manis. Postell. de Ma [...]. Ath. c. 21. the King or the Master of the My­steries and holy Rites, dealt most in such matters; but [...] Pol. ibid. §. 2. the Mayor for the yeere, and [...] Ibid. §. 4. the Martiall too, had their seuerall imployments in that kinde for seuerall their superstitious seruices. And besides them had they by Lot designed [...] &c. Etymolog. 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 [...] apud Lysiā in Euandr. Ioue, [...] Demost. in Eub [...]l. Vulcan, &c. wherein [...] Dionys. Halic. antiq. l. 2. many others also concur­red with them both in In Telluris aede Sacerdos creatur [...] Pansā, Achaic, Achaea Iunoni apud Aegiū oppidū virgo sortitur. Tertul. ad vxor. l. x. Delphi [...] [...] designabantur, vt Eurip. Ione. [...]. Vise Bulong. in Casaub. diatr. 3. other parts of Greece, and La [...]coo [...] ductus Neptuno sorte sacerdos. Virg. Ac [...]. 2. vt solet fieri, v [...]i deest certu [...] sacerdos: erat enim L. Thymbraei Apollinis sac. Seru. else-where; as Syracusis in an [...]os singul [...] Ionis sacerdotem sortitò capile [...] iubet. Cic. Verrim 4. 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 Ocellus Gracia. Casa [...]b, ad Theophr. [...] Pindaro. Vise Athenaeum l. 5. & 6. dipnosop. & Cic. pro [...]lace. Sic [...] Da [...]aseum. Iulian [...]: & [...]. Philo de [...] fabr. dixit. Hadr. Iunius adag. 64. cent. 3. Eye of the one, to Rome the Caput Italiae fore ab Auguribus praedictum de capite humano in Capitolij fundamentis repert [...]. Vise Li [...]. l. 1. & Dionys. Hal. l. 4. digna tam fe [...]a ceruice facies. Pli [...]. [...]ist. nat. l. 3. c. 5. Head of the other, yea Caput terrarum, Plin. ibid. [...]perij, Lin. ibid. Orbis, Ouid. amor. l. 1. [...], Athen, dipnof. l. 1. Mund [...] alt [...]r, Sern. ad Virg. of a great part sometime of the [Page 51] whole knowne world: At Rome, albeit it be repor­ted of Romulus, that [...] Dionys. Hal. l. 2. he would by no meanes haue Priests appointed by Lot, but by Election: yet Papia lege cautiō vt Pontificis Ma­ximi arbitratu vir­gines è populo vi­ginti legantur, sor­titioque in con [...]ione ex eo numero fiat. [...]e [...]ius noct. Attic. l. 1. c. 12. Hinc Suet. Aug. c. 31. ambijsse mult [...]s ne s [...]lia [...]in sortem darent. 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 Postel. de mag. Athen. c. 21. & Delrio disq. mag. tom. 2. l. 4. c. 4. q. 1 said to haue imi­tated the Athenians, but in truth tooke not their course) not so much the Offices themselues or­dinarily, Vise Dionys. Hal. antiq. l. 4. & alio [...]. 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, [...] &c. Dionys. Hal. l. 2 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 Val. Horatius (que) Coss. sortiti vter Ionis adem in Ca­pitolio dic [...]ret [...] Horatio sorte eue­nit. Liu. hist. l. 2. the Dedication of a Temple, De Dictatore no­minando si inter Coss. non conuc [...] ­ret, sortiri solitu [...] qui'▪ diceret. Alex. ab Alexand. gen. dier. l. 4. c. 24. the Nomination of a Dictator or Soueraigne Generall, Vt Comitijs praeesset, D [...]illi [...] sorte euenit. Liu, l. 3. Decretum vt Coss. sortirentur, vter c [...]nsori­bus crea [...]dis Comitia haberet. Ib. 24. the keeping of Courts for Creation of some new Officers, or the like,) vsed by Lot to decide whether [Page 52] should haue the honour of it. But most ordinarie and vsuall was this their manner of decision, when either Coss. prouincia [...] sortiti; Fabio vt Antio legiones du­ceret, Corn, vt Ro­mae praesidium esset. Liu l. 3. one being to stay at home, and the other to go abroad, or Hinc toties apud Liuium ab ann. 11 c. 267. & deinceps; Coss. prouincias sortiti: huic bellum istud, illi illud pro­uincia euenit, &c. Et Cic. ad Attic. Ep. 14. Senatus de­creuit vt Coss. 2. Gallias sortirētur. 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, Consul cui sors e­ius diei imperij e­rat, Liu l. 22. Du­ctu Sergij cuius di­ [...]s imperij erat. Ibid. l. 4. they did sometime in the execution thereof by Lot daily take their turnes: and Prior Cl. quum Sempronius cui sors comitia habēdi ob­tigerat, Romā ve­nit. Liu. l. 39. 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, Cum Coss. bellis auocareatur, neque esset quì in ciuitate ius reddere poss [...]t, Praetor creatus est Vrb [...]nus, qui in vrbe ius diceret. Pompon de orig. [...]u­ris leg. 2. Visatur Liu. l. 7. one at first onely ordained for Ciuill Iurisdiction at home, because the Consuls were by occasion of warre oft called abroad; then Turba peregrinorum, in vrbem veniente, creatus est [...]lius qui pere­grinus appellaretur. Pompon. ibid. two, as suites grew by accesse of foreiners to the City; and Tot Praetores creati, quot prouinciae in d [...]ti [...]n [...]m [...]n [...]rant. Ibid. Vise Liu l. 22. anno 11. c. 338. & l. 32. anno 557. & l. 38. an. 567. & l. 40. anno 575. after a greater number as the Prouinces encreased; Hinc toties apud Liu. ab anno 538. Praetores prouincias sortiti: Vrbana sors A. peregrina B. Sar­dinia C. Sicilia D. Gallia [...]. &c. obuenit. 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 Catera [...] Prouincias Proconsulibus sortitò permisit. Sueton. Aug. c. 47. Vise Dion. Cass l. 53. Vice-consuls and Quos eorum ex SC [...] cum imperio in prouincias pro Praetore mitti oporteret, eos sorti ò in prouincias mitti placeret. Cael. Cic. li. 8. Ep. 8. In sortem con­ij [...]erentur, quoad is num [...]rus effectus esset, quem ad numerum in Prou. mitti oportere [...]. Ibid. vice-pretors with them (such as by speciall com­mission continued in authoritie after their yeere ex­pired, [Page 53] 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, Questorem habes non tuo iudicio de­lectum, sed [...]um quem sors dedit. Cic. ad Q. fr. ep. 1. Quae­stor factus continuò sine SCo, sine sorte, sine lege ad Caesarē cucurristi. Cic. Phi­lip. 2. Quaestura v­triusque propemodū pari momento sortis fuit: habuit his le­ge Titia prouinciā tacitam & quietā; tu illam, cui cùm Quaestores sortiun­tur, etiam acclama­ri solet, Hostien­sem. Idem pro Mu­ren. Sic à maiori­bus nostris accepi­mus Praetorē Quae­stori suo parentis loco esse oportere: nullam neque grauiorem neque iustisrem causam necessitudinis possereperiri, quàm coni [...]ctionem sortis, quàm officij, quàm publicam muneris societatem. Idem Verrim 1. Vise & de his Dion. Cass. l. 53. who had like­wise their charge assigned them by Lot. And [...] Dio. Cass. l. 54. of such as had beene Treasurers, were Tribunes by Lot sometime designed, when none offered them­selues to stand for the office.

The Nunquam maiores nostri sortitionem Aedilitiam constitnissent, nisi viderent accidere poss [...], vt competitores pares suffragijs essent. Cic. pro Plan [...]. 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 Ecce Comi­ti [...]rum dies: sortitio praerogatiue. Cic. Phil. 2. Tribus prim [...] praerogatiuae dicebantur; sec [...]ndae iure vocata. Aescon. in Verr. 2. An [...]ua ce [...]turia praerogatiua lantum autoritatis hab [...]t, vt [...]e [...]o vnquam prior ea [...] tulerit quin renuncia [...] sit? Cic. pro Planc. Vise Io. Scalig. ad Fest. by Lot decided which Companies or Hundreds should be first demaunded their Suf­frages, and so Tanta illis comitijs religio est, vt adhuc omen valuerit praerogatinum. Cic pro Muren. V [...] ­de rectè Lamb. emendat illud Cic de diuin. l. 1. Praerogatiuam etiam maiores omen (non, omnes) iustorum comitiorum esse volu [...]runt. Vise Liu l. 10. anno 458. giue a leading voice, as it were, to the rest.

For warlike imployment, both Liu. l. 21. anno 537. & l. 23. anno 539. E [...] Appian. bel. ciu. l. 2. [...]. Consuls and Liu. l. 30. anno 551. Praetors had their Legions and Armies now and [Page 54] then by this course also allotted them: and Decē tribus sorte ductae ex quibus de­lectus haberetur. Liu. l. 4. an. 337. 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, Coniectis in sortē omnibus tribubus Polliae, quae proxi­ [...]a [...]aierat, prim [...]m nomen vrna extra­ctum citari iussit. Val. Max. l. 6. c. 3. 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 Bona hastae sub­iecit Val. confiscated his goods, and Tenebrionē ven­didit. Varro apud Non. & ipsum & bena vendidit. Val. sold him for a slaue.

For Ciuill Iurisdiction, at first more sparingly, but in latter times ordinarily, were Cum Praetores designati sortiren­tur, M. Metello obtigit, vt is de pecu [...]ijs "repetundis quaer [...]ret. Cic. Verr. 1. Cassij de maiesta­te, Sulpit ij sorsquae­stio p culatus. Cic. pro Muren. Vise Sig [...]n. de iudic. l. 2. c. 4. 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 Quum multi Iu­dices à Praetore ad Consilium vocandi essent, qui Quaesitor fuisset in publica aliqua causa, necesse erat primū de Curia Senatoriae conscribi, deindein vr nam sortitò mitti, vt de pluribus necessarius numerꝰ confici posset. Aescō. in Verr. 3. Vise Cic. Verr. 4 & pro Cluent. & ad Q. Fr. Ep. 5. Huc allusit Virg. Aen. 6. Nec verò hae sine sorte datae, sine iudice sedes: Quaesitor Min [...]s vrnam mouet; ille sileutum Concilium (que) vocat; vitas (que) & crimi­n [...]discit Vise & Cod. Theod. l. 2. tit. 1. sect. 11.12. 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 Ex lege Rupilia dicas sortiri. Cic. Ver. 4. the Sorting of Suites, not, as some haue thought, Non audiebantur causae nisi per sortem ordinatae: ex sorte n. diert [...] ordi [...]ē accipiebant, &c. Seru ad Aes. 6. quem sequuntur Hadr. Iun. animad v. l. 2. c. 5. Robortel. annot. l. 1. c. 24. H. Steph. & Bud. in [...] ­ment. ling. Gr. the ordering of Causes, but Iudices sortiti. Cic. Ver. 3. & 4. Hinc Suet. Aug. c. 29. Cautū est, vt in Marti [...] ad [...] sortitiones iudicū fierent. & Cas. c. 12. Sorte index in re [...] ductus. Et Cic. Ver. 4. Paratus ad han [...] dicā sortiendā venerat. Et ibid. [...]ducit ex vrna tres: eis vt absentem condemnent imperat. Et Iudi­cia sortiri. Sen. Herc. Fur. 3.2. i. Iudices. quod parum assecutus est Farnab, [...]ster. Vise Na [...]u [...]um mi­scel. l. 9. c. 7. Sigon. de Iudic. l. 2. c. 12. Et Praeuot. de Mag. Rom. c. 7. the as­signing [Page 55] of Iudges by Lot (to preuent corruption and packing) for the hearing of each Cause. In which case Accusatorireo (que) permissum, vt ex illo numero reijce­rent, quos inimic [...]s sibi aut incommo­dos putarent. Ascō. in Verr. it was lawfull as well for Defendant as Plantiffe, vpon iust ground to challenge any of the Iudges alotted him; and In reiectorum locum praetor alios subsortiebatur: vndè Subsortitio dictae Ascon. ib. Cum his iudicibus, quos in horum loc [...] ex lege subsortitu [...] es. Cic. pro Cluent. some other then was by Lot likewise to be drawne in his roome. As also sometime Visatur Plin. Sec. epist. 3. lib. 9. by Lot there was Counsell assigned the parties contending at the appointment of the Court.

Beside these by Lot Augustus is reported Instituit sibi con­silia sortiri s [...]me­stria, cum quibus de negotijs ad fre­quentem Senatum referendi [...] ante tractaret. Suet. Aug. c. 35. to haue set a part a certaine number of Senators to consult with at set times about matters to be moued in open Court afterward, or rather [...] Dion. Cass. lib. 53. to dispatch businesses by without the Court, yet so as by them the whole Court might seeme to haue some hand in them: by Lot likewise Septembri Octo­briue mense ne ad­esse vllos necesse esset, quàm sorte ductos. Suet. Aug. cap. 35. he assigned others to at­tend the Court, and make vp a iust number on Court-daies during the vintage-time, giuing the rest libertie of absence: by Lot Vibis regiones annui Magistratus sortito in [...]entur. Ibib. c. 30. Et Dion. Cass. l. 55. hauing parted the Citie into certaine Regions or Wards, he appointed the yeerely Officers to share those Wards, and to vndertake the charge of them; Casaub. ibid. quē vise. which continued so for a long time after: by Lot Ambitu suspecto, sorte ducebantur ex numero praetorum qui praessent. Tacit. annal. lib. 13. he enjoyned two of those that had formerly beene Pretors to be cho­sen yeerely for the custody of the common Treasu­rie; Ne (que) id diu m [...]n [...]it, quia sor [...] decr [...]abat ad p [...]rum ido [...]os. Ibid. which through the euill successe of it lasted not long: by Lot Dion. Cass. hist. l. 54. he assaied to reforme the whole body of the Senate, chusing first himselfe a certaine number, and after an oath administred to them, giu­ing [Page 56] them power to name fiue a peece that they thought fittest for gouernment, so that none of their owne kindred, of each which fiue hee drew one: but that deuice of his likewise [...] &c. [...]. Ibid. tooke no great good effect, in regard whereof he soone gaue it o­uer againe.

In Tiberius his reigne were Sorte ducti qui legis nexus exolue­rent. Tacit. An­nal. l. 3. by Lot certaine as­signed to cleare the Lawes in some cases then que­stionable. And in Vespasians time either Sorte ducti per quos redderentur bello rapta, &c. de Muciano Tac. hist. l. 4. Mucia­nus, or De Vespasiano idem Suet. Vesp. c. 10. Vise Rauard. pro Tribunat. c. 17. Vespasian himselfe, or De vtro (que) Mar­cil. ad Suet. both of them, as some suppose, seuerally and at seue­rall times, by Lot assigned some to see restituti­on made of wrongs done during the ciuill warres that then lately had beene; and to helpe extraor­dinarily to ridde the Courts of the multitude of suites, that intermission of Iustice had now cloied them withall.

Lastly wee finde Sortem legatio­nibus maiores posu­erunt. Marce [...]lus apud Tacitum hist. l. 4. Legates or Leiftenants (for Senatus decreuit vt legati cum auto­ritate mitterentur. Cum mea sore ex isset, &c. Cic. ad Attic. Epist. 17. [...]. Diō. Cass. l. 59 some of them had speciall power with­all) though but Plura exempla frustrà quaesiuit Li­psius ipse. Addo ta­men ex Cic. pro Ligario de Tuberone in African legato; Tuberoni [...] s [...]r [...] coniecta est ex SC. cùm ipse non adesset. Et mox, Quò Senatus cum sorsque miserat. Frustrà enim Fr. Syluius ad auspi­cia detorquet. rarely, designed by Lot: In which case when Priscus eligi, Marcellus vrnam postulabat. Tacit. hist. l. 4. the vse of Lotery was in that kinde sometime questioned, though by some it were opposed, yet Vicit pars, quae sortiri malebat. Ibid. the greater part went with it, and would needes haue it still retained, as a soueraigne So [...] cerneret, ne quid gratia momenti faceret. Liu. hist l. 43. preseruatiue against ambition and corruption, and a singular remedy for the preuenting both of Ne ambiti [...]i aut inimicitijs locus foret. Tacit. hist. l. 4. enmity and Quidam, ne alijs electis posthabiti crederentur; splendid issimu [...] quisque, met [...] inuidiae, si ipsi eligerentur, Ibid. enuy: In [Page 57] which regard they esteemed it as a kinde of diuine Accusaui eum, quîcum Quaestor fueram, quîcum me sors consuetud [...]que maiorum, quîcum me Deorum homi [...] numque iudiciu [...] coniunxerat. Cic. Verr. 1. Sortis ne­cessitudinem religi­onemque violatam. Ibid. vt nec fidem suam, nec morem maiorum, nec ne­cess [...]tudinem sortis laederet: Etenim si has perturbare & permiscere volumꝰ, totā vitā periculo­sam, inuidiosam, infestamque redde­mus, si nullam reli­ginem sors habe­bit, nullam autori­tatem mores atque inst [...]uta maiorum. Ibid. 3. Iudicibus nulla lege, nullo in­stituto, nulla religi­one, nulla sorte ex libidine istius da­tis. Ibid 2. Ordinance, where it was carried without fraud and couine, as it ought.

§ 8. Neither is this practise of Ciuill Lotery in matter of Office and Imployment vnusuall Multis in loci [...] Officiarios sic per­ballotas siue breuia eligunt. Pano [...]m. ad 5. de Sortileg. in Italie euen at this day; and that in some of those E­states that for wisedome and policie are of speciall note and generall renowne. Among other the State of Venice which many make the very Mirhor of policie, and some suppose to be Venetorum r [...]m­pub esse vindicias caelestis reipublica. Platonis Dartes in Bar. annal. a modell of Pla­toes old platforme, is very frequent in this kind. For [...]ontaren. de Venet. repub l. 1. & Postel de Magistr. Athen. c. 2. whereas among them the whole body of their Gentry are of course admitted into their Generall Councell at 25. yeeres of age, and not ordinarily earlier; yet at 20. they may make suite for it, and if the Lot fauour them, then obtaine it. To this pur­pose they meete once a yeere Decembris 4. Contar. 14. Postel. the fourth of Decem­ber: at which time those that seeke it, hauing for­merly made proofe of their Gentry, haue their names cast all into one pot, and brought in to the Duke, before whom standeth another pot with as many balls in it, whereof a fift part is gilt, and the rest all siluer onely. He draweth each mans name out of the one, and withall a ball out of the other, which if it proue a golden one, he is thereupon ad­mitted, if a siluer one onely, he staieth at least a yeere longer. Againe in the choice of their Officers, not so much the maine Offices, as the Electorships are in part disposed by Lot, somewhat after the manner that Supra §. 7. ex Dion. l. 54. Augustus sometime vsed, as not long before [Page 58] we shewed. For first in the designation of their Duke their principall Magistrate there is Lotery vp­on Lotery, lotting and voicing in a prolix and intri­cate manner enterchangeably mixed the one with the other. Contaren. de re­pub. Venet. l. 2. When the place is voide either by de­position, or (as most vsually) by decesse, all their Gentry of 30. yeares of age or vpward (for none vnder are then admitted) are assembled together, and come in order of place as they sit (Lots first cast which side of them shall come first) to the Lot­pot, hauing as many balls in it as there be of them in all, whereof 30. onely are gilt: there a childe draweth for each of them, till for 30. of them those 30. gilt ones be drawne. For which 30. the childe draweth againe the second time out of another pot that hath 9. onely gilt ones. The nine so drawne withdraw themselues into a conclaue, where among themselues they name 40. such as haue each of them 6. voices at least. Out of the 40. so named are 12. againe selected by Lot: which 12. among themselues choose 25. each at least by 8. voices. Of these 25. are 9. againe by Lot set apart: which 9. nominate further 45. as before: and those 45. be­ing by Lot againe reduced to eleuen; these eleuen chuse out 41. of the chiefe Senators, which last haue power to elect a Duke. These 41. then after an oath by them seuerally taken to chuse whom they iudge worthiest, and some other solemnities per­formed, write each of them in a scroll whom hee thinketh good. The scrols are mingled together, and then drawne as they come: and the fitnesse of the person first drawne is discussed: who if he haue [Page 59] 25. voices with him, had wont aunciently to cary it without further adoe. But of latter-times they go on, and he that hath most voices aboue that num­ber, come he first or last to hand, hath the place. If none of them haue voices enough, they beginne a­gaine, and continue till some one be nominated that hath.

Contar. de Venet. repub. l. 1. Et Po­stel. de Magistr. A­then. c. 8. Againe in their yeerely assemblies for the choice of other Officers, all their Gentry that haue voice in Councell (none of them excluded) draw first for 60. gilt balls out of two pots by one Lotery, the one halfe out of the one, and the other halfe out of the other: and then those 60. for 36. other gilt ones out of an other pot by a second Lotery. And the 36. that haue thus drawne and lighted on gilden balls twice, haue power to nominate to such Offices as are then to be chosen: which they doe in this manner. They go apart into certaine conclaues by nine and nine in foure companies. Where all those of each company in order of yeeres draw out of a Lot-pot balls with markes vpon them for the seue­rall Offices; and according to the ball that each of them hath drawne, he nominateth what Citizen he will for that Office, who if he haue 6. voices of those 9. the party yet holdeth; if not, an other must be nominated by him, till some one be so approued. By this meanes among those foure Companies are there foure Competitors nominated for each of their Offices, whereof one is chosen by most voices of the whole Assembly, the Electors and the whole kindred of the parties nominated being onely first excluded.

[Page 60]Somewhat after the same manner are they repor­ted to chuse, not their Electors, but their Offices in the Tuscan Estate. For Estates & Em­pires transl [...]ted out of French by Grimston. diuiding those that are capable of Office into three rankes, and according­ly casting them into three boxes: Out of the first they draw the Magistrates of highest place; the middle sort out of the second; and the lowest out of the third, And hauing thus drawne fiue seuerall ones for each Office, he carrieth it, that hath of the fiue the most voices in the Councell: But their electi­on standeth as it pleaseth the Duke to confirme it, and no further.

§ 9. Generally in all places among all sorts of people imploiments of all sorts haue thus oft beene shared. In warre much was thus mana­ged. For in garisons, seiges, pight fieldes and set camps, those that serued together, had their times, and places, and courses oft assigned them by Lot, as for Milites sortitò per h [...]ras excub [...]bant. H. Iun. animad. l 2. [...]. 5. & 1. Sauar. ad illud Sidonij ep. 6. l. 8. Inter ex [...]u [...]ia­l [...]s curas saltem sor­ti [...]ò vacabis. Hinc Virg. Ae [...]. 9 Omnis per muros legio sor­ti [...]a p [...]riclum ex­cubat; excercent (que) vices qu [...]d cu [...]que tu [...]dum est. Nisus erat pōrtae c [...]stos. - i [...]s [...]rte diuisa ad d [...] ­fensi [...]n [...]m pericul [...]. Seru. & Georg. 4. de apibus. Sunt qui­bus ad portas ceci­dit [...]ustodi [...] sorti. à militia tractum. Ser [...]. watch and ward, so [...] stationes in acie [...]. Xenoph. Cyri paed. l. 6. Diuisis copijs Coss. so rtiti, quia non ab eadem v­trumque parte ag­gredi host [...]m place­bat, regiones quas peterent. Liud. 41. Polynicis [...] Duces 7. [...]. Aeschyl. Theb quod & Eurip Phaenis. Et contra ob­sessi quoque septem excursib [...]s haerent. Ogygijs it sorte Creon. &c. Stat. Theb. l 8. for assault and defence, or such imploiment as the place that by Lot befell them should require. In which kinde it is no vulgar commendation, that is giuen the Emperour Theodosius, that Omnium castrensium munerum numeros primus aut cum primis obir [...]; st [...] pro signis; excubias sorte agere; &c. in praeiium primus ire, praelio postremus excedere: dux consilio esse, miles exemplo. Paca [...]us panegyr. though then a great COMMAVNDER yet hee was content as a common Souldier in such mili­tary seruices to take his turne by Lot among the rest.

[Page 61]In single Combats S [...]c Aiax cum Hectore committi­tur. Homer. Il. [...]. - Hinc So­ph [...]el. Aiace.- [...]. Et Ouid. Met. l. 13. Hunc [...]go poscentē cum quo concurre­ret vnus Sustinui: sortemque meam vouistis A [...]hiui, &c. a Champion was sometime singled out by Lot: and [...] Hector Vlys­sesque [...], v­ter Paris an Me­nelaus in congressu prior [...]. Hom. Il. [...]. by Lot it was determined (if a Poets word may go for good) whether of the twaine should giue the onset. In jeopardous ex­ploites, or where multitude might cause confusion, and hinder rather then helpe, a Lot was called in, to order and marshall the matter. Thus Huc delecta vi­rûm sortiti corpora furtìm Includu [...].-Virg. Aen. 2. by Lot it is said to haue beene decided who should be enclo­sed in the wodden Horses wombe at the taking of Troy. ThusPlutarch in Ti­moleon. Timoleon being to passe a riuer with his armie in the face of the enemie, tooke the rings of the seuerall Leaders by drawing them to decide in what order they should passe; and when the ring of one of them that had a Trophey engrauen on it, came first to hand, they left all further lotting, and with great alacrity made each of them with all speed they could ouer, and so discomfited those forces, that stood on the other side to inhibite their passage. And thus Plut. in Pericle. Pericles, when he could hardly restraine his people inconsiderately ouer-eager on sight, hee diuided them into two parts, and by Lot assigned them, some to skirmish, and some to rest and make merry the whilest, to wit, that part of them [...]. that lighted on the white beane: whence it grew, saith mine Author, to be a by-word applied to those that liue at ease that they haue [...]. a white day of it, allu­ding to the white beane. In desperate cases, when they were resolued to die rather then to fall into the hand of the enemie, and to be at his mercy; [...]. Ioseph. [...]ptiū. l. 3. c 26. they decided sometime by Lot who should slay either o­ther; [Page 62] and [...]. Ibid. by that meanes Ioseph the Iewish histori­ographer escaped, his Lot comming out with the last mans, whom hee perswaded to surrender him­selfe with him to the Romanes: or who should bee common Executioners to all; for so [...]. Ios. cap. l. 7 c. 35. the Iewes beseiged in Masada at Eleazars instigation, chose by Lot ten among them to be as common Butchers to the rest, vnto whom each of them presented his wiues and children and himselfe to be slaine; which being done, [...]. Ibid. one of those ten againe singled by Lot dispatcht the other nine, and in the last place himselfe.

At Syracuse the deliuery in Court of their mindes in course by Lot (Si tacent omnes, coguntur sortitò di­cere. Cic. Verr. 4. ita Verri praedican­do, cùm nem [...] sur­geret, sor [...] ducitur. Ibid. in some kinde and case conti­nued vnto Tullies time with them) and that after the order of the Alphabet (as Lucian. de [...]aeres. the like was vsed in the Olympickes) is famous for Dionysius his act, Plut. apophth. who hauing drawne the letter M. when one jesting vpon him said [...]. he would play the Mome or the foole, made answere that [...]. he would proue not a Mome but a Monarke: and hee made his word good; for chosen Generall hee turned Tyrant. Whence it grew to a Prouerbe to say, [...] M. Zen [...]dot. in Prou. M. is his Lot, either Erasm. chil. 4. cent. 2. ad 64. of a foole, or Rhodig. anti (que) lect. l. 12. c. 17. of a fellow of no worth.

In voiages were Sic Vlysse & Eurylocho de Cir­caea insula expl [...]rā ­da sortientibꝰ, [...]u­rylocho sors exij [...]. Hom Odyss. [...]. Et inde Ouid. Metam. lib. 14 S [...]rte su­mus lecti. some by Lot set a shore for discouery, especially where it was suspected to be difficult and dangerous. And at sea sometimes Sternimur optataegremio telluris ad vndam, Sortiti remos. Virg. Aen. l. 3. [...]. Per sortem di­ [...]isi ad officia remiga [...]di, quis esset proreta, quis pedem teneret. Seru. they cast Lots who should row, and who be o­therwise imploied: and [...]. Apollon. Argon. vbi [...] [...]st [...], vt Eu­stath. Il. [...]. those againe whose Lot [Page 63] it was to tug at the oares end, tooke their places by Lot. Both in publike workes, Operumque labo­r [...]m Partib aqu [...] ­bat iustis, & sorte trahebat Dido. Vir. Aen. 1. as at the building of Tyre; and in priuate labours, as Ocyus incubuere omnes, pariterque lab rem Sortiti. Aen. 8. at Vulcans forge; and in mutuall combinations, as [...].- Hom. Odyss. [...]. - nosma­gna precati Numi­na, sortitique vices (vel partes mem­brorum, vel quo quis loco staret. Seru.) vnâ vndi (que) circum F [...]ndimur, & telo lumen tere­bramus acuto. Virg. Aen. 3. at assaulting the Cyclops, Sic Diod [...]r. Sic. l. 3. Oi [...] topazium in­quirunt. each man had his taske or standing oft assigned him by Lot. Neither is the passing pride of that Sesostris anni [...] quibusque sorte re­ges singulos è sub­iectis iungere ad currum solitus, &c. Plin. hist. [...]at. l. 33. c. 3. & Iul. [...]uleng. de triump. c. 5. Egyptian Tyran here to be passed by, that compelled such Kings as were tributaries to him, not, as Iudg. 1.7. Adonibezek did sometime with his, to sit like dogges vnder his boord, but to draw, taking their turnes by Lot, like horses in his Charet, when it pleased him once a yeere to ride in state.

In a word, so frequent was the vse of a Lot in this kinde, that some [...]. Etym. & Eust. Il. [...]. Grammarians haue thought (though [...] literis transpositis, versoque [...] in [...]. A­uenar. Guichard. & Crucig. indeed it seeme not to be so) that a Lot among the Grecians from hence had its name, be­cause by it men were vsually called vnto this or that worke. But sure it is that in this regard in speech ordinary, though figuratiue, men are commonly said to haue this or that Office Act. 1.7. [...]. de Iuda. & 17.4. [...], d [...] [...]i [...] qui s [...] [...]i spontè associauerant. allotted them, though it come not by Lot to them, but by election or otherwise: as our Sauiour is said truly to haue beene anointed Heb. 1.9. a Prince, Heb. 5.6. a Priest, and Luk. a Pro­phet, though neither any Prophets euer vsed to be anointed, nor any such materiall oyle euer came on his head. The not obseruing whereof hath made Sic Bodin. de Mario ad bell. Mithrid. à Sulpit. Trib. Pl nom [...]n d [...]monol. l. 1. c. 6. Vise &c. 10. §. 3. some suppose Lotterie there, where indeed there is no lot at all.

[Page 64]§. 10. Thus haue wee seene how frequent the vse of Lots hath beene among all sorts, for distri­bution of Offices and Seruices Ciuill and Sacred: Now they were no lesse frequent also in the diuision of Inheritances, of Lands and possessions, of Goods and Chattels, and the like: yea and oft times of Re­wards too, as well paines and penalties, as Honours and Dignities.

Of Lands and possessions by Lot assigned to bee held and inhabited wee haue sundry examples in Scripture.

For first at the first entrance of Gods people vp­on the Land of promise, the whole Land in generall was diuided by Lot, and that by Num 26 55. & 33.54 & 36.2. Gods owne ap­pointment, among the 12. Tribes. Concerning which partition there is some scruple among the learned arising from the words of Gods Edict con­cerning it thus recorded by Moses: Num. 26.53. ad 57. Vnto these (that is, the 12. Tribes, though Num. 18.20. & 26.62. Deut 10.9. & 18.2. I [...]sh 13.14.33. Leui be left out, because Num. 26.29.35 Iosh. 14.4. Ioseph in Manasses and Ephraim maketh twaine) shall the Land be diuided to inherit according to the number of their names, (that is, of their per­sons, as the word, Act. 1.15. & Apoc. 3.4. Numerus nominū Et, habes pau [...]a no­ [...]ina. Name, is also elsewhere vsed.) To many shalt thou giue a large inheritance, & to fewer a lesse: to each one shall inheritance be giuen according to his number. Notwithstanding the Land shall be diuided by Lot: according to the names of the Tribes of their Fathers shall they inherit. According to the Lot shall the Possession of it be diuided betweene many and few. Where the Question is how the greater number should haue a larger portion, and the fewer a lesse, when each part was to haue its portion assigned it by Lot.

[Page 65]For the solution hereof Ordinatio [...]e di­ [...]na sorte cade [...]te super terra [...] pro­portionatā pro plu­ [...]alitate vel pauci­tate hominum. Lyr [...] in Num. c. 26. & [...]r [...]. i [...] Ion. c. 1. some say, that it was so to fall out, by Gods speciall prouidence miracu­lously directing the Lots, that the greater compasse of ground should fall to the greater number of men, and the lesse to the fewer. But that is not likely: for had it beene so meant, God would rather haue said; To many I will giue a larger portion, and to fewer a lesse. Diuide thou as equally and exactly as thou art able to doe by Lo [...]: and I will cause it to fall out so, that the more men shall haue more Land, and fewer men lesse: or, Doe thou diuide it into vnequall parts; and I will make it fall equally to fit euery Tribes turne. So that the casting of the Lots should be Ioshuas work onely; but the fitting of more and fewer with lar­ger or scanter possessions and portions Gods owne immediate disposition. Yea the euent it selfe con­trolleth this idle conceipt. For we finde that Iosh. 17.14. some of them were scanted in those portions that by Lot befell them, whereof also they complained: and Iosh. 19 9. others againe had more besell them, then they were able well to people; and therefore are willing to admit others with them as Inmates.

Others thinke Ex Hebr [...]rum quorundam sei [...]en­tia, quam R. Leui i [...] comment. ad Iosh. approbat, ad Num. reijcit; Masius ad I [...]sh. c. 15. that the twelue men assigned to that Office of diuiding the Land by Lot, had a power by virtue of that Edict conferred vpon them, after the Lotery performed according to the parti­tion made by others imployed thereunto by them, to enlarge or straighten the bounds of each seuerall portion, as they should see good; by virtue of which power they were to fit each part to the number of the people that were of that Tribe, which the same by Lot was fallen vnto. This indeed hath more [Page 66] shew of probabilitie then the former; and Iosh. 1 [...].1.9. wee finde some alteration and change in this kinde after the seuerall possessions were determined by Lot.

But yet that seemeth to be soundest that some In familijs sub­diuisa [...]st per sor [...]es inaequales pro nu­mero personarum. Ex aliorum senten­tia. Lyra in Num. c. 26. Et ex Iosh. 15.1. Oleast. Et Trem. ac Iun. ibid. others haue conceiued, that in that Edict there is mention of a two-fold partition, and either of them, necessarily required. The former a Num. [...]6.55.56. generall diuisi­on of the whole Land (taking in that on this side Iordan, Num. 32.33. & I [...]sh. held by the Reubenites, Gadites, and halfe the Tribe of Manasses) into 12. Shires or Cantons equally diuided, to be distributed by Lot: the latter N [...]m. 26.53.54 a particular Subdiuision of each Canton or Shire vnequally parted among those of that Tribe whom the same by Lot had befalne, as their Families or kindreds were more populous or more penurious of people.

Now as God enioyned, so [...]. Act. 13.19. Iosua accordingly did: For I [...]sh. 14.1.2. he diuided the whole Land among them by Lot. Iosh. 11.23. He beganne the worke so soone as the Land was at any rest, and Iosh. 14.1. & 19.51. afterward went on with it till he had made an end of it; assisted therein ac­cording to Num. 34.17.18. Gods owne appointment by Eleazar the High-preist and the 12. Heades of the twelue Tribes. Their seuerall Lots in what course they came the holy Ghost hath left vpon record. For at the first Session or solemne meeting for the perfor­mance of that busines, Iosh. 15. the first Lot fell to Iudas, and Iosh. 16.1.4. the second to Ioseph in Iosh. 16.5. ad finem. Ephraim & Iosh. 17.1. ad 12 Manas­ses. Iosh. 18.2.10. At the second Assembly had the other seuen Tribes, to wit, Iosh. 18.11. ad finem. Beniamin, Iosh. 19.1. ad 10. Simeon, Iosh. 19.10. ad 17. Zabulon, Iosh. 19.17. ad 24. Isac [...]ar, Iosh. 19.24. ad 32. Asher, Iosh. 19.32. ad 40. Nephthalim, and Iosh. 19.40. ad 49. Dan, (for thus by course their Lots came out) their portions [Page 67] allotted them; Iosh. 18.4. ad 10 the rest of the Land, not before assigned, being diuided into seuen parts, not Ioseph. anti (que) l. 5. c. 3. by ten men, as Iosephus, but Masius ad Iosh. c. 18. by 36. rather, or 21. at the least, (three a peice out of each Tribe, Lauat. Iosh. c. 18. either of the whole Twelue, or Caluin. Iosh. c. 18. of those seuen whose turnes then were to be serued) imploied specially to that purpose.

Concerning the manner of Lotery vsed in that action there is some diuersity of opinion. Rabbini in Baba Bathra teste Masio: & Schindl. lex. Pent. Some thinke that the Lots of the Land were put into one pot, and the Tribes names into another, and that one choise person, to wit Eleazar, drew for all. Ioseph. anti (que) l. 5. c. 3. O­thers imagine that there was onely one pot of Tickets containing the names of the portions, out of which one of each Tribe drew for the Tribe he was of.

Masius in Iosh. c. 15. Others lastly suppose that the Tribes names onely were put into the Lot-pot, and that each Tribe, as it was drawne, had his choise of which part he would yet vndisposed when he drew. The first opinion seemeth most probable, both because once drawing so might well end all, Neque [...]nim cer­tum satis quod Mas. ad Iosh c. 15. tribuum praerogati­uam in prius poste­riusque sortiendo seruatam. Et ma­nifestò falsum qu [...]d Oleast. ad Num. c. 33. ordinem na­scend [...] in sortiendo secutos. which would not be in the second, where question might be who should draw first, which would aske a new Lotery; and againe because it is not said in the story, that such a Tribe drew or was drawne first or second simply, but that I [...]sh. 19.1. & 21.4. the Lot came out first or second for such a Tribe, which agreeth not with the third.

There was indeed Chytrae. i [...] Iud. c. 1. a speciall hand of God in this Lotery, (as there is oft in others) as it was done by speciall appointment from him; in regard wher­of it may seeme to some worthy to be ranked ra­ther [Page 68] among extraordinarie Lots; considering espe­cially how fitly the euent of it sorted with C [...]n [...]s. 49. Iacobs propheticall prediction in his last will and Testa­ment. But yet I take this rather to be the proper place of it: because howsoeuer there were a speciall prouidence of God in it, thereby to fulfill that holy Patriarkes prophecie, yet the maine matter that it was applied vnto and that was aimed at in it by those that were agents therein, is like to haue beene no other then Ad contentiones excludendas. Ly [...]. in Num. c. 26. an ordinarie partition of such pos­sessions as by conquest and Gods gift were cast vp­on them, without expectation of any speciall di­rection of them, and the Tribes they were drawne for, to such certaine parts and seates.

Now as the whole Land in generall was thus di­uided by Lot, so in particular were the Cities as­signed to the Leuites diuided among them by Lot likewise according to their Families. For whereas Num. 35.7.8. Iosh. 21.2. God had commanded that 48. Cities in all should be assigned them, more from those that had more, and fewer from those that had lesse; againe, whereas Num. 26.57. & 3.17, 18, 19, 20, 21, 27, 33. the Leuites were diuided into three Families ac­cording to Leuies three sonnes, Kehath, Gershon, and Merari; and I [...]sh. 21.10, 20. 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 I [...]sh. 21.8. 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 [Page 69] 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, I [...]sh 21.4. ad 43. 1 Chron. 6.54. ad finem. the foure Families drew Lots then, which of them should haue the Cities set apart in each Tribe; and so Iosh 21.4. the Aaronites had 13. in Iuda, Simeon, and Beniamin; Iosh. 21.5. the other Kehathites 10. in Ephraim, Dan, and the one halfe of Manasses; Iosh. 21.6. the Gersho­nites 13. in Issachar, Asher, Nephthali, and the other halfe of Manasses; and Iosh. 21.7. 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 Nehem. 11.1. 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 Ioseph. Gorionid. [...] the coun­terfeit Ben-Gorion, or at least his abridger, for the true Iosephus saith Ioseph. Flau. capt. l. 5. c. 1. vi inua isse. 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 [Page 70] of Tith. Leu. 27.32. 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 Vt quo ordine ex stabulis sua sponte exeunt, decimum quodque baculo nu­merantis tangatur, & segregelur Do­mino. Iun. ad Leu. c. 27. & R. Sal. Iareb. ibid. 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 Ezech. 20.37. he would cause them to passe vnder the rod, and bring them into the Bond of his Couenant: that is, La [...]at. in E [...]ech. by a Metaphore taken from Sheepheards that count their sheepe with a rod or a sheep-hookes Iun. in Ez c, 20. he would search his people, and sort them, as the Sheepherd doth his sheepe, to take the better sort of them, Vers. 38. 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 Obad. vers. 11. Lots said to haue been cast vpon Ierusalem when it was sacked by the Chaldees, and Ioel. 3.3. her people by Lot shared among the Conquerors for Slaues: As also Nahum 3.10. the Nobles were of Nineueb in the sacking of that City, whe­ther by the Medians, or by the Vise Herodo [...]. hist. l. 1. Scythians, by whom it was at seuerall times surprised.

[Page 71]And of Goods otherwise gotten, as by pillage or stealth. As where Dauid complained of his enemies that Psal. 2 [...].19. they had parted his garments among them, and cast Lots vpon his vesture. Which thing is by Caluin. in har­mon. Gualt. in Io­an. c. 19. good writers iustly supposed to haue beene first practised vpon Dauid, 1 Sam. 19.11.12 [...]: vt Plutar. [...]. 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 Matth. 27.35. Mark 15.24. Luk. 23.34. Ioan. 19 24. holy Ghost testifieth it) fulfilled in our Sauiour, when the Souldiers that executed him, parted his garments among them, and Ne inutilis red­deretur.Aug. in Io­an. tr. 218. & Sua­rez in 3 [...]om. 2. disp. 38 §. 1. to saue it from quartering, cast Lots apart vpon one of them, to wit, the Coate without seame (the rather, Resoluta in par­tes, partes etiam in particulas resoluen­tur. Simon d [...] Cas­sia super Euang. l. 13. Et Baron. amnal. tō. 1. an. 34. 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 Euthym. in Mat. c. 67. 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 Sortes in tu [...]icā solam missas. Aug. in Ioan. tr. 118. & Thom in ca [...]en. & Maldona. in Mat. c. 27. many obserue not, and yet Mark. 15.24. Marke euidently saith) Etiā v [...]stomenta reliqua sorte diuisa. Ambr. in Luc. 23. & exhort. ad Virg. & Theophyl ad Marc. 15. & Glos. ad Digest lib. 10. tit. 2. le [...]. 5. were likewise by Lot parted to each of the Quat [...]or n. milites erant. Au. in 10.118. id quod [...]. a Act. 12.4. 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 Caluin. de reliq. & Becon of Romish reliques. they are said to shew to this day three in number ( [...]tred [...]t Iud [...]us Apella, sed Non ego credulus illis. hee may beleeue it that lift) one at Triers and two other at Saint Sauiors in Spaine; and so Dactylis, i. [...]alú, [...]esseris, aleisuè è manu [...]issis: Gallicè un dét, fiue dé (dice.) Hadr. Iun. & Fr. Nans. in Nonn. par. some would expound [...].-Nonn. parap. Ioan. Nonnus when hee speaketh of Christs [Page 72] passion, though Falkenberg. in Non. dio [...]. other with better reason vnder­stand him of [...]. Gloss. Mication or shifting of fingers, the one diuining or guessing how many the other held vp, which the same Author also else-where [...]. Non. Dionys. l 33. more largely describeth, a Micare est sor [...]i­ri digitis Nonius de propr. serm o [...]. Ptol m. H [...] ­phaest. his [...]. n [...]al. 4. qui & im [...] tionē [...]ius Helenae tribu­it: in Pho [...]ij bibli­oth. 1 [...]0. Quid sorsest? quod mi­care, quod talos, tesser. [...] i [...]cere. Cic. diuin. l. 2. kinde of Loterie Vude natū p [...]o­uerbium de homine qui certiss [...]ma esset fide, Dign [...]m esse quicum in tenebris [...]icetur. Cic. Ossic. l 3. & sin. l. 2. quod de lusu acceptum Eras. chil. c. cent. 8. ad 23. ad contractus verèretulit Casaub ad Suet. Aug. aunciently much vsed aswell in serious businesses, as in sport & pastime: Nor hindereth it, but that Nonnus might well meane it, though Duorum tantum est. Nans. that cannot, as they say, be practised well but betweene two onely at once. Sic Homerus Solē singit per [...]un­ciù boū suorū caed [...]m resciscere Odyss [...].de quo tamen alibi, [...]. Et Il. [...]. louē fulgurare vbi ningit. Scal. Poet. l. 5. c. 2. Apud Virg. Aen. 6. Palin [...]us Aeneam portus Velin [...]s requirere iubet, qui post ann. 600. [...]o nomine primum n [...]ncupati. Ge [...]. noct. Att. l. 10. c. 16. Idē po [...]tū describit, qualis nullꝰ spiāinora Africana. Seru. ad Aen. 1. Ceruorū agmen ibid. ab Aenea repertīs. Cùn cer [...]os Africa serè sola non gignat. Pli hist. nat. l. 8 c. 34. & Arist. hist. animal. 18. c. 28 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 Mimū ridiculū. Ios. Scal. ep. ad Salmas. of the lower ranke of them.

But to leaue these vncertainties, such a Lot as this Prou. 1.14. Salomon alludeth vnto, where hee bringeth in theeuish Companions not so much Sor [...]ē mitte [...]obiscū. Vulg i. consort noster [...] Vat. Cast thy Lot in among v [...] Angl. 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 Sortē conijcies in [...]er nos, i cōmunis praedae partē e [...] [...]qun nobiscū sorte capies. Iun. & Cart. promi­sing him, that he shall cast Lot with them, that is, shall haue an equall share with them in whatsoeuer they get: A legitima negotiatorum societate sumptalocutio. Iun. as those are wont to doe and to haue that [Page 73] 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 Chald. paraphr. some expound that of 2. Sam. 8.2. Dauids measuring out the Moabites with two coards to bee destroied, and with one full coard to be saued aliue: though Lyra, Iun. alij. the most turne it another way. Yea so Non cecidit su­per eam sors, vt alij perirent, alij salua­rentur; sed cun­ctis communis ve­n [...]t intericus. Hier. in Ezech. quem se­quuntur L [...]uat. Lyra, & Geneu. nota. most Interpreters vnderstand Gods speech, where he biddeth the Prophet Ezech. 24 6. 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 Vise Iunij not. some of late vnderstand this also otherwise. But of this vse euidently was Louit. 16.1, 9, 10. 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. [...]. Dion. Chrys. orat. 64. Inheritances among Coheires were by Lot oft diuided. For so; to passe by the Poets fiction of [...]. Apollod. bibl. l. 1. Hinc Hou [...]. Il. [...] &c. Et Virg. Aen. 1. Non illi imperium pelagi, sed mihi sorte da­tum. Vise ibi Ser­nium: sed & La­ctant iustis. l. 1. c. 11. Saturnes three sonnes that should so part among them Heauen, Sea, and Hell; as also the Grammarians groundlesse conceipt of [Page 74] Claros [...]. Ex Nearch. Eust. ad perieg. Claros, [...]. cùm inter Heraclidas conuenisset [...]. Eustath. Il. [...]. & Steph. de vrb. [...]. Etymol. Lacedaemon, and diuers other places that from hence should haue their names: thus, I say, wee finde Vt [...], cui sors prinia obtigisset, vel Spartam vel Argos optaret; cui tertia, M [...]ssenen obtineret. Polyaen. stratag. l. 1. aliter paulò quàm Pau­san. M [...]ssen & A­pollod. l. 2. Vise in­fra cap. 12. § 6. 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 Deditque sors Char. sedem habere Parisios, Gunt. Aurelias, Chil. Suessionas, Sig. Remos. Greg. Tur. hist. l. 4. c. 22. Lotharius his foure sonnes, Charibert, Gunthram, Chilperis and Sigebert parted the Realme of France betweene them after their Fathers decease. Thus Chytrae [...] in Iudic. c. 1. 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, [...]. Dion. Chrys. 64. should Oedipus his two sonnes rather haue done (and yet in part too it is said they did, Hinc Stat. Theb. 1. -iam sorte carebat Dilatus Po­lynicis honos. Et l. 2. - animum subit illa dies, qua sorte benigna Fratris Echio [...]ia sleterat pri­uatus in aula. Et Eteocles, Quae sors iusta mihi, qua non indebitus annis Sceptra dicauit honos, teneo, aeternumque tenebo. 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 Cod. Iust. lib. 10. tit. 34. leg. 2. 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 V [...] rebus totis insortium ca­sum deductis, vel Curiae quadrantis, velhaeredi aut fidei commissario dodrantis electio ex sortis fa­licitate contingat. Lots cast whether he shall chuse his three, or the Court her fourth. Where diuers good reasons also of this [Page 75] course are rendred: for that Natural vi [...]ū est negligi quod in commune posside­tur: vique nil [...]t habere se, qui n [...]n totum habeat, ar­bitretur: denique suam quoque sor­tem corrumpi pati­atur, dum inuidet alienae. 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 1. King. 3.26. 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. Iustin. Institut. l. 2. t. 20. Siinter optandum dissense­rint, fortuna sit optionis iudex. Et Cod. lib. 6. tit. 42. leg. 3. Sorte inter altercantes alhi­benda. And our Common-law likewise, among other courses of partition of Land betweene partners or female Coheires, alloweth this for one, Litelton Tenures l. 3. c. 1. 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 Aeneas vrbem designat aratro, Sortiturque domos. Virg. Aen. 5. his house, or An inter se sor­tiunt vibem atque agros? Ennius Cresph. apud No­nium. portion of Land, or Sitella allata est, vt sortirentur vbi Latini suffragium ferrent. Liu. l. 25. Ex 4. vrbanis tri­bubus vnam sorti­rentur, in quam li­bertini omnes con­ijcerentur. Idem l. 45. Tribe he should belong to, assigned him by Lot: A thing [...]. Plut. Solone. expected of the poorer sort at Solons hand in the alteration of the Athenian estate: but indeed [...]. Plut. Lycurgo. executed by Lycurgus, though not without much adoe, in the Spartan Common-weale: as also [...]. Dionys. Hal. antiq. l. 2. by Romulus in the first founding of the Romane estate. And [...]. Schol. Aristoph. Nub. in Egypt it is reported that they were wont [Page 76] 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 Hinc Aristoph. Nub. [...]. Vbi Schol. [...]. Et Plut. Pericle [...]. Vise Pau­san. Attic. Here­dot. l. 5. Thucyd. l. 3. alios. Greekes, [...], Ro­mull institutum. Dionys. Hal. l. 2. Oi [...]. Euseb. Chron. can. Sabi­norum terra sorte diuiditur. Hieron. Aequaliter aut sorte agr [...]s legionibus assignari. Brut [...]. Cic. ep. 20. l. 11. Vise Appi [...]. bel. ciuil. l. 2. 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 Abstem. fab. the Hun­ter that sold the Coorier the Beares skin ere he had killed or caught her) Sic Pomp [...]iani pridiè pug­nam Pharsalicam. Plut. Caesare. Sic Latini Constantinopoli capta Imperij prouincias, q [...]asa orbe denicto, sortilò inter se diuisere; vrbesque & fines inter se permutauere. Nicet. annal. l. 18. diuiding more among them­selues then either they had presently in possession, or indeed euer attained vnto. When a Countrey was Sic Ambigati Celta nepotes 2. sortibus emissi, alter saltus Hercinios insedit, Italian [...] [...]lter inuasit. Liu. l. 5. surcharged with multitude of people, or Sic Lydus Rex cum filio, vt Heredot. l. 1. Lydus & Tyrrhenus fra­tres, vt Paterc. l. 1. sterilitate frugum compulsi, sortiti sunt, vter cum parte multitudinis patriae d [...]cedere [...]. Sors T. contigit. Sic sub Suione Rege fame inualescente, Dani patria excessuri sorte deligun [...]ur. Saxo Gramm hist. Dan. l. 8. 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, Placuit sorte definiti. Sors super Tyrum cecidit. Guil. Tyr. bell. sacr. l. 12. c 24. whether Tyre or Askalon should first be assaulted, a Lot was vsed to end the strife. Praedam sortiri soliti Victores. Seru. ad i [...]ud Virg. Aen. 9. Si capere Italiam - Contigerit victori, & praedaducere sortem. Mulieres Delph [...] a [...]ata [...] mo [...]ilia apud Athenaeum l. 6. 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 [Page 77] Captiui inter Vi­ctores sorte diuide­bantur. Seru. ad i [...]ud. Aen. 2.0 foe­lix, vna ante alias Priameia Virgo, Iussa mori; quae sortitus non pertu­lit v [...]os. Hinc Eu­rip. Troad. [...]. Et Senec. Versata dominos vrna ca [...] ­tiuis dedit. It, Domum acce Pria­mi è nuribus & na­tis legeus Sortitur vrna. Praeda quē vilis sequar? Itha­co obtigisti praeda nolenti breuis. de Hecuba: qua de & Our [...]. Met. l. 13. - ô modò regia con­iux: - Nunc etiam praeda mala sors. Et Helena apud Sen. Quam quisque famulam traheret incerto diu Casu pe­pendit: me ma'us traxit statim Sine sorte Dominus. mens person, was vsually parted by Lot. In which kind not vnworthy the rehearsing is Probus the Ro­mane Emperors act; Vopiscus Probo. 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 Fugitiue potiu [...] militi quàm forti conuemire. 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 In defunctorum locum, qui annonam publicam acciperent, quotannis sorte suffecti sunt. Suet. I [...]l. c. 41. almes, where In serui [...] ex testamento manumittendis, vbi omnes non pos­sunt, &c. sortiri cos opertobit, [...]e quam ambitionis vel gratiae suspicionem Praetor subeat. Di­gest. lib. 40. tit. 5. leg. 24. Sic coniectis in aquae fitulam sortibus de ancilla ducenda sortiu [...] ­tur serui d [...], in Planti Casina: quam sortem [...]um diuinatoria Meursius frustra confundit ad Cas. c. 3. euery ones turne could not be serued, or Sortitur dominos, ne laceretur auis. Mart. l. 8. ep 78. Sic lego, quod vulgò, noc laceratur. 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. [...]. Apollador. l. 1. By Lot Danaus is reported to haue disposed of his Daughters among the sonnes of Aegyptus: Vter prior matri osculum daret, sorti permittunt. Liu. l 1. 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 [Page 78] Liu. l. 1. & H. lic. l. 4. Brutus their Cozen is reported to haue gone be­yond them both by kissing his grand-mother the Ground: But [...]. Dio­nys. Hal. l. 4. others say that they agreed both to kisse her at once. Ptolom. Hephaest. apud Photium: [...]. 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.

In tribus iudicijs, familiae herciscun­dae, communi diui­dundo, & finium regundorum, quae­ritur quis actor in­telligatur, quia par omnium causa vi­detur. Caius Dig. lib. 5. tit. 1. leg. 13. Where it is vncertaine in certaine cases at the Ciuill law whether party is Plantiffe and whether Defendant, both commencing suite; as they may, at once, either against other, not the maine busines or suite it selfe, as some mistake it, but Cum ambo ad iudiciū prouocant, sorte decerni solet. Vlpian. ibid l. 14. that doubt onely is put to the decision of a Lot. Sortiri oportet, apud quem esse de­beant. Caius l. 10. t. 2. l. 5. vbi Gloss. vel vt vni per sor­tem omnia, vel vt vna vni, alia alij, vt in vestibus Christi. And so is like­wise by the same Ciuill-law the custody of Cauti­ons or Euidences among those that are equally Co­heires. At the election of a Pope Cellae per liter as fignatae sorte patribus distribuuntur pridiè quàm in­grediuntur Conclaue. Marcel. Corc. Cerem. sacr. l. 1. s. 1. c. 2. Et Continuator Vrsper. vbi de Sy­nodo Basil. the Cardinals in the Conclaue haue their Cells assigned them by Lot.

At their [...]. Plus. Sympos. probl. l. 2. c. 10. Et ibid. [...]. Hinc. Aristoph. Equit. [...]. Vise Suid. & Erasm. Chil. 3. cent. 6. adag. 1. Sed & Cato Vticen [...]is in conuiuio sortitione facta [...], instantibus conuiuis vt primas to [...]eret, negauit id inuita Venere fieri oportere. Plut. Cat. solemne Feasts, [...]. Plut. pro­bl. l. 2. c. 10. Vise Athen dipnos. l. 1. & Rhodig. antiq. l. 14. c. 55. sacred or publike especially, in auncient times had each one his messe of meate by Lot assigned him. Where obserue we withall that as among the Hebrewes Gods people, Leuit. 27.32. Gods part in the tithe of their Cattle was by Lot set apart; and Sic Pelasgi decimam Dijs dandi voto damnati [...]. Ex My [...]silo Dionys. Hal. antiq. l. 1. among the Heathen likewise, where [Page 79] by some solemne vow a tenth of the encrease either of the fruites of the earth, or of their cattle had bin before made ouer to their Idoles: as also the [...], &c. Th [...]ophr. de plant l. 9 c. 5. Famaest cum sole diuidi; ternas partes fieri; sorte cremia discer­ni: quod Solicesse­rit, relictum sponte conflagrare. Plin. l. 12. c. 19. Ara­bians are reported in old time to haue consecrated yeerely a third part of their cinamon, which the Lot lighted on, to the Sunne, and that the Sunne, as they [...]. The­ophr. fable, should fire that part of himselfe. So among those Heathen in that their festiuall Lotery, [...]. Eumaeus a­pud Homerum O­dyss. [...]. the messe first drawne was held holy and accoun­ted some Gods share, Mercuries most vsually, whom they deemed President of Lotery: That which I take rather therefore to be termed [...]. Pollux l 6. c. 9. [...]. Hesych. & Phauor. lex. Mercuries Lot, then that which [...] &c. Suidas, cumque segunti Peuter. Bodin. Serat. alij. others say of an Oliue leafe, with­out any good ground: And in the diuision of Lands before mentioned at the setling of new In Lesbiurum terra diuidunda [...] Athenienses. Thycyd. l. 3. Colonies or [...]. de Romulo Dion. Hal. l. 2. Estates, some part was vsually by Lot set apart for sacred vses in the first place.

Hinc Varro Parmen, apud Non. Ergò micandum mihi erit cum Graco, vtrum illius ego numerum, an ille [...]eum sequatur. Vise Ca [...]saub. ad Suet. Ang. c. 13. In their markets they vsed oft, when Buyer and Seller could not agree, as with vs to draw cuts, or cast crosse and pile, so by an other kinde of Lo­tery, that Mication or shifting of fingers former­ly spoken of, to decide, whether should come to o­thers price: Ex autoritate Turci A­pronia [...]i &c. Ratio docuit, vtilitate suadente, consues [...]dine micandi sublata sub exagio potius pecora vendere, quàm digitis conludentibus tradere. Antiq. Fabric. which custome yet for some conside­rations was sometime in some cases inhibited.

§ 13. In pecuniary penalties was this kinde of Lot sometime imployed, where the Offendors were too many to be all of them amerced. For so [Page 80] Augustus of such as frequented not the Senate as they should, [...]. Dion. Cass. l. 55. enforced each fift man that the Lot lighted on, to pay his fine for his absence, which was remitted to the rest. But in case of life & death was a very principall vse of it. Where to passe by that Fable, fondly fathered vpon Athanasius, of Mel­chi Melchisedecks Father, Pseudo-Athen. h [...]st. Melch. who hauing a purpose to sacrifice one of his sons, should cast lots first with his wife, whether he or she should chuse one of them to be exempt from that hazard, and after that vpon the rest of them (she hauing chosen Melchisedeck by that meanes preserued) for one to be slaine for a sacrifice: as also to let passe [...].- Pausan. Messen. the Messenian Virgin that the O­racle demanded for the murther of Tists; Oraculo iubente [...] ceto exponere, Lao­medontis Hesionen sorscepit. Diodor. Sic. l. 4. the Troia [...] Kings daughter Hesione, whom the Poets faine the lot lighted on to be exposed to the sea monster: Plutarch. Theseo. Et Virg. Aen. 6. - sep [...]na quotannis corpora natorum: stat ductis sortibus [...]rna. the 7. young-men, and as many Maidens that Min [...]s re­quired from Athens yeerely for the death of Andro­geus: and [...], &c. Pausan. Lacō. the children that the Spartans vsed to sa­crifice to Diana, till Lycurgus at length altred that in­humane practise. Nor to stay vpon [...]. Socrat. hist. eccl. l. 7. c 8. & Niceph. Call. l. 14. c. 18. Qu [...]d E­piphan. in Cassiod. Irist. Tripart. l. 9. c. 8. Magorum genus vsqu [...] ad decimam iussit immiuui por­tionem. the Persian Kings tithing out his Magicians (reported in our Ecclesiastical stories) vpon discouery of their frauds: or the misery of Cambises his armie in his Aethiopian expedition, [...]. Herodot. l. 3. who for want of victualls by Lot se­questred a tenth part of themselues for the rest to make meat of. And to glance but at that memorable and lamentable act and accident of the two [...]. Dion. Cass. l. 51. Sortiri vel á [...]micare i [...]ss [...]t. Su [...]. Aug. c. 13. Quo loco Turneb. aduers. l. [...]0. c. 13. legit Micare: sed & apud Cic. Offic. l. 1. Si hac pari [...] in vtroque, nullum e [...] it certamen, sed quasi sorte aut micando victus, altericedat alter. Quam le­ctionem adfirmat Nonius in Micare. Flori [Page 81] Father & son commanded by Augustus to cast Lots for their liues, whereof Pa [...]ter, Suet. Fi­li [...], Dion. quod & Casaub. nota [...]it. the one offered himselfe without Lot to be slaine; and he being slaine, the other thereupon slew himselfe. Most famous and frequent was Vise omnin [...] Po­lybium de militia R▪m. agentem hu [...]t. l. 6. the Romane practise in this kinde, tearmed therefore by them their [...]. App [...]an. bell c [...]. l. 2. non vt vulgò [...]. Vise [...]rod. miscel. l. 1. c. 9. Sic Plut. Crasso, [...]. Et Dionys. Hal. l. 9. [...]. Auncient law, or their Countrey custome: whose manner it was when some troopes of their Souldiers had in the fielde [...]. Plu [...]. Crasso. Signorum desertores. Liu. l. [...]. or Campe forsaken their colours, [...]. Polyb. l. 6. [...]. Ha­licar. l. 9. Quiloco cessera [...]t. Suct. Aug. 24. ordines reliquerant. Liu. l. 12. leaft their Sta­tions, carried themselues [...]. Pl [...]t. Crasso. [...]. Idem Anton. cowardly in fight, or [...]. Dion. Cass. l. 41. [...]. Xiphil. tumultuantes. Suet. Galb. c. 12. disorderly otherwise, &c [...] Polyb. l. 6. Statuerunt it [...] [...]ai [...]res nostri, v [...] [...] à multis esset flagiti [...] rei m [...]litaris admissum, sortitione in quo [...]dam animad­ [...]erteretur. v [...] metus vid [...]licet ad omnes, p [...]na ad pau [...]es perueniret. Cis. pro Cluent. for the frighting of all, and yet the sauing of some, [...]. Polyb. l. 6. to draw out by Lot [...]. Polyb. l. 6. sometime more, sometime fewer, most vsually [...]. Anton. Appian. l. 2. Vnde [...]. Plut. Anton. Et, [...]. Polyb. l. 6. [...]. Halicar. l. 9. Vise Brod. misc [...]l. l. 1. c. 9. a tenth part of the whole number that were faulty, or [...]. Dionyf. l. 41. [...]. Appian. l. 2. were deepest in fault, [...]. Polyb. l. 6 Sorte ductos fuste necat. Tac [...]. annal. l. 3. by an ignominious kind of execution to be made an Example to others; the rest of them punished onely [...]. Polyb. l. 6. [...]. Polyb. ibid. & Dio l. 49. & Appian. Parth. with some other kinde of disgrace. This tithing of delinquents by Lot to death we finde to haue beene S [...]eton. Cai [...]. 48. attempted onely, without effect once by Caligula; but was in­deed practised and put in execution at sundry and [Page 82] seuerall times, Caesis Centurio­nibus, [...]. Ha­licar. l 9. Ca [...]tera multitudo sorte de­cimus quisque ad supplicium lecti. Liu l. 2. by Appius, [...]. Dio l. 41. [...]. Appian. l. 2. Vis [...] & Suet. Cas. c. 69. by Iulius Caesar, Cohortes, s [...] quae loco ceffissent, deci­matas hord [...]o pa [...]it. Su [...]. Aug. c. 24. by Augustus, Qui Medis irru­ [...]ntibus ceffissent, [...]. Dio l. 49. & Plut. Ant. reliquis bor­d [...]o praebito. Dio. & Appian. Parth. by Antonie, Decimum quemque ignominiosae cohortis sorte ductos fuste [...]cat. Tacit. annal. lib. 3. ra [...]rò ea tempestat [...], & è v [...]tere memoria e [...]emplo. Ib. by Apronius, Quo [...] Spartac [...] in fugā conie cisset, ex 500▪50▪ [...]. Plut. Crass. by Crassus, Neronis Clas­ [...]rios [...]umultuantes d [...]cima [...]it. Suet. [...]alb. c. 12. [...]. Xip [...]i [...] Galb. by Galba; and lastly Milites seditiosus multos sapius deci [...]it, aliquando [...]tiam cent [...]fi [...]a [...]it, qu [...]m clem [...] so di­ceret, qui decimatione & visesimati [...]e dignoscen [...]es [...]mar [...]t. Capitolin. M [...]ri [...] by Macrinus, who sometime also to seeme milde (which in truth hee was farre from) would draw out one of an hundred onely (as Fabius Rull [...], Front. stra [...]ag l. 4. c. 1. exem. 35. Rutilius, Ioan. S [...]ri [...]b. polyer. l. 6. c. 12. ex dua [...] leg [...]ibus qua loco cosserant vice [...]os sorte ductos s [...]turi pereussit. some other sometime did twentie apeice out of each Legion that had fled, Id [...]m, vt Sari [...]b. Aqui [...]ius, v [...] Pro [...]t. ibid. exemp. 36. ternos e [...] centurijs quorum stati [...] ab hos [...] porrupta erat, securi add [...]xit. and three of each hundred of those that had giuen way to the enemy) for execution in that kinde. Neither is this manner of Military discipline altogether vnusuall with mar­tiall men among vs euen to this day; with whom Souldiers taken tardie sundrie of them together are permitted now and then to cast the dice for their liues vpon the Drum-head, some of them to be exe­cuted, and some to be saued.

§ 14. From this vse of a Lot in generall spring those figuratiue speeches and phrases, whereby not Iosh 1 [...].1. & 16.1. Iud. 1.3. Chytr [...]us ibid. [...]. Eu [...]b. Odyss. [...]. Sors quod suum si [...] s [...]rte V [...]r [...]o de ling. Lat. l. 4. that alone that by Lot is allotted any one, but Psal. 16.5. & 125.3. [...]. Schol. Ari­stoph. [...]esp. [...]. Eustath. Il. [...]. Nin [...] Eumaeus ex Domini [...] d [...] ait habere se [...]-Homer. Odyss. [...]. S [...]rs & pa [...]imoui [...] dicitur, & quod cuique a [...]iditi [...] sortiendo. Feft. whatsoeuer a man hath or holdeth, howsoeue [...] he come by it, by gift, purchase, descent, or Etiam me­resqua [...]si h [...]reditarij. Es [...] 57.6. Vise In [...]. ibid. Si [...] Herat. [...]pod. 3. L [...]pi [...] & agni [...] discordiam sortitò obtigisse. quod Iu. Scalig. notat Po [...]t.l. 6. c. 7. other­wise, [Page 83] is yet tearmed his Lot. Among the Greekes more specially [...]. H [...] find. o­per. 1. Et, [...]. Hinc Demost. & Isaei [...]. Et [...], haere­ditas contro [...]rsa. Vnde & [...] haredes, Seru. Aen. 10. & hae­reditas, [...]. an Inheritance is most vsually and vniuersally so tearmed. In way of reference where­unto, as God is said to be Psal. 16.5. & 119.57. Deut. 18.2. the portion of those that serue him, and they are said to be Deuteron. 32.9. 1. Pet. 5.3. Serui Domini in sorte sunt Christi. Am­br. de Tob. c. 20. his Inheritance; so their right to glory and life eternall is said to be Actor. 26.18. Coloss. 1.12. [...]. their Lot, not so much, as some of the auncients haue thought, [...]. Chrysost. ad Coloss. ho [...]. 2. Quar [...] sot [...] nomine appellat gratiam Dei? quia in sorte non est electio, sed voluntas Dei. Nam vbi merita considerantur, electio est, non sors. Quando autem Deus nulla merita nostra in [...]enit, sort [...] vol [...]ntaris suae seluo [...] nos facit, quia voluit, non quia digni sumus: hac est sor [...]; qua ex [...]o quod gratis datur, sors vocatur. August. in Psalm 30. conc. 2. & ibid. conc. 1. Ad tu [...]icam Domini sorte perueni. Vise & Ambros. in exhort. ad Vir­gines. in regard of Gods free choise, as hauing respect to the generall nature of a Lot, which neither regardeth ought in the party whom it fauourably befalleth, nor is directed or determined at all in its motion by him; but because it commeth to them Inde [...] Act. 20.30. Ephes. 1.14. 1. Pet. 1.4. Et [...] Ephes. 1.11. non, Sorte vocati, vt vulg. s [...]d, In sortem adsciti, vt rectè [...]za. Et [...] Ga­lata. 4.1.7. Et [...] Ephes. 1.5. Galata 4.5. as by way of Inheritance, an eye had to the particular vse of it before specified in the setling of such estates. Hence it is also that in holy writ Micah 2.5. Non erit tibi proijciens funiculum ad sortem in congregatione Domini. Iun. i. Non habebis partem in hereditate iu­storum. Hieronym. to cast a Lot is put for to inherite: and that God is said Esa [...] 34.17. Quum proijcerit sortem & distribuerit illis ad an [...]ss [...]m. Iuu. fun [...]culo. Leo Iud. to haue cast the Lot vpon some places for wilde beasts, and to haue diuided Lands and Countries out vnto them by line; alluding to the courses vsed in diuiding of Land by Lot and Pars & sortes antiquitus diuidebantur per funes. Idiot. in Psal­qu [...]m 16.6. & Cassiod. Prisco more f [...]niculis terrarum diuidaebatur haereditas. Sic Deut. 32.9. Psal. 78.55. Inde fines dictiquasi foenes [...]. Io. Scal. ad Varr. line among such as were appointed to people and to possesse it. And in a word whatsoeuer betideth men, be it good, or [Page 84] be it euill, is said to be their Esai 17.14. sors & pars. Sieut H [...]r. Ep. 1. Qui fit, M. quod nemo, quam sibi sortem Seu ra­tio dederit, seu fors obiecerit, illa Con­tentus viuat? - Lot and their Ier. 13.25 Sors tu [...], & portio demensi tui. Si [...]ut portio calicis, Psal. 11.6. & 16.5. non quòd sortes in calicem quandoque mittantur, vt Delrio Mag. tom. 2. l. 4. c. 4. q. 1. sed ad sortem demensam, prout Ier. 13. siue ad [...] conuiuales illas respiciendo. allow­ance, in way of allusion to this diuisory Lot, where­by Lands and Goods, either of inheritance, pur­chase, or prey, and parts or portions of diet, and rewards good and bad, haue from time to time bin vsually parted among many.

CHAP. V. Of the Lawfulnesse of such Lots: with Cautions to be obserued in the vse of them.

§ 1. NOw that Lots of this kinde are lawfull being vsed with due Caution, most Di­uines acknowledge, howsoeuer the arguments that some of them bring, are not so sound many of them as were to be wished; and their Cautions the most of them are either vnsound or superfluous, as vpon the view and surveigh of some of them shall appeare.

In the arguments alleaged for them, the generall error of most Authors is (that which hath also caused much mistaking otherwise) that they con­found Ordinarie and Extraordinarie Lots the one with the other, and so reason without reason from the one to the other: As if a man should reason from Iudg. 3.21. pecu­liaria in exemplum non sunt trahenda. Martyr ibid. E [...]uds slaying of Eglon Qu [...]modo Xy­stus 5. Iuditham Holophernis inter­fectricem, cum Mo­nacho Regis Galli occisore committit; in Orat. habita in Patrum Consist. to the Iesuites and Romanists murthering of Princes at this present, supposing them to be Heretikes and Enemies to [Page 85] Gods Church; or from Num. 25.7.8. Phineaz his killing of Zimrie and Cozbi, Quo modo Gloss. ad Greg. decret. l 5. t. 7. c 5. ex Grat. de­ [...]r.c. 23. q 8. hoc ip­so abutitur exemplo ad laere [...]cos inter­fici [...]ndos. to the like execution done vpon delinquents taken in the like act by some priuate person in these times; or from Deut. 7.1.2. the Hebrewes sur­prizing of the Land of Canaan and rooting out of the Canaanites by Gods speciall appointment, to Vise Fr. Victor de Indis relect. 5. §. 2. the Spaniards dispeopling of the West Indies, as they tearme them, in such places as they seised on; or to iustifie our seising vpon any other part of the world, and seeking in like manner to subdue or de­stroy the Inhabitants thereof.

Let the Arguments of Aret. in Problem. part. 1. loc. 67. one that hath heaped vp most serue for the rest, to shew how confusedly men haue formerly dealt in this argument.

First, therefore saith he, Gubernantur à Des ad bonū finem. Aret. ibid. §. 4. Lots are guided and go­uerned Prou. 16 33. by God to a good end.

True: but 2. Cor. 12.7. Act. 15.38, 39, 40, 41. so are mens sinnes too guided to good ends by God 2. Cor. 4.6. Psal. 112.4. drawing light out of darknesse, and Gen 50.20. & 45.5, 7, 8. Psalm. 105.16, 17. turning euill to good, and Implet Deus v [...] ­luntates suas vti (que) bonas per malorum hominum volunta­tes malas. Aug­enehir. c. 101. vsing mans euill will to the working and effecting of his owne holy will. For Vitiorum nosfiro­rum non est autor Deus, sed ordinator est. Quaedam ergò & facit & ordi­nat; quaedam ver ò tantûm ordinat: Iustos & fatit & ordinat; peccatores autem, in quantum peccatores sunt, non facit, sed ordinat tantùm. Aug. de Gen. ad lit. l. 5. he disposeth and ordereth all things, euen the wickedest and the worst things, Non fit praeur Dei vo­luntatem etiam quod contra ciusdem fit voluntatem; quia non fi ret, sinon sineret: nec vtique no­lens sinit, sed volens: nec siner [...]t summè bonus fieri malum, nisi posset de malo facere bonum. Aug. enchir. c. 100. who be­ing infinitely good, would not suffer any euill, but that he knoweth how to doe good euen with euill.

Secondly, Ortum à Deo habent. Aret. ibid. Deo autore vsi sunt. Ibid. Lots haue their originall from God, who commaunded Le [...]it. 16. 8, 9, 10. Lots to be cast vpon the two goates; and Num. 26.55, 56. enioyned a diuision of the Land of Canaan by Lot.

[Page 86]But these examples and the like simply consi­dered, warrant no vse of Lots further then in the particulars there mentioned: no more then the Commandement Num. 21.8. giuen Moses to make the brasen Serpent which was Ioh. 3.14.15. Non imago Dei, sed figura crucis domi­nicae. Tertull. de idololatr. a Type of the Messias, Idem Deus, qui lege vetuit simili­tudinem fieri, ex­traordinario prae­cepto serpentis si­milit [...]diuem inter­dixit. Si eundem Deli obseru [...]s, ha­bes logem e [...]us, Ne fecuris sumilitodinē. Si & praeceptum factae posteà simi­litudinis respicias, & tu imitare M [...] ­sem, ne facias ad­uersus legem simu­lacrum aliquod, nisi tibi Deus sufferit. Tertull. ibid. will warrant the ordinarie making of Images for religi­ous vse otherwise.

Thirdly, Approbante Deo missae. Aret. ibid. God approued the Lots practised by Iosh 7 16.17.18 Io­shua and 1 Sam. 10.20.21 Samuel; for the discouery of Achan, and the election of Saul.

True it is; God approueth whatsoeuer he com­maundeth. But Gods approbation of what hee commaundeth, giueth no warrant for what he doth not likewise commaund. That which this Authour himselfe also well saw where he saith, that Aret. ibid. § 6. The ex­amples of the Saints are not easily to be imitated. And againe, that Ibid. ca [...]t. 3. what Ioshua did, he did enioyned it by God, which no man may therefore take paterne to doe the like by, vnlesse he haue the like commaundement from God so to doe. And what he saith of Ioshua, may be said also of Samuel.

Fourthly, In alijs casibus pij his landabiliter f [...]nt vsi Aret. ibid. § 4. rat. 4. In other cases haue godly men likewise laudably vsed Lots. Asin Luk. 1.9. the ministery of Zacharie; in Act. 1.26. the choise of Matthias; in 1 Sam. 14.41.42. the discouery of Iona­than: nor are the Lots disallowed that Ion. 1.7. the Seam [...]n cast vpon Ionas.

These examples some of them, as that of Mat­thias his and the former, were extraordinary actions, done by speciall warrant: others of them, as those of Saul and the Seamen vpon Ionas and Ionathan though not expresly condemned, yet are not allow­ed, neither can well be justified; and others lastly [Page 87] of them, as that of Zacharie, are of the point in question, and must by some other ground be proued warrantable.

Fiftly, Faciunt ad Dei gloriam; dum Do­mino deferunt iu­dicium, &c. Aret. ibid. rat. 5. They make for Gods glory; recourse being had in them to Gods iudgement.

So R [...]m 3.7. aly may make for Gods glory; and yet Iob 13 4.7. 1. Cor. 15.14.15. is not therefore allowable. Yea the very offring to haue recourse to Gods immediate iudgement with­out speciall warrant is vnwarrantable.

Sixtly, Controuersiae li­tesqu [...] inexplicabi­les ei [...] fi [...]iuntur. Aret. ibid. rat. 6. [...] Schol A­pollon. Argon. 2. They end great strifes and inexplicable suites.

The Vse of them then is profitable and commen­dable, if allowable and warrantable: But that is the point to be proued. Otherwise Rom. 38. Euill may not be done that good may come of it. Yea Vise Aug. de mendac c. 10. the least morall euill that is may not be admitted for the preuenting or auoiding of the greatest naturall euill, or for the archeiuing of the greatest politike good.

§ 2. And of this nature are the arguments that are vsually brought for the confirmation of the truth in this point. Which in regard therefore of the inualidity and insufficiencie of them leauing to their seuerall Authors to make good as they may, we will assay to giue some sounder groundes: And for the present we will presse onely the testimonie of Salomon, where speaking of such kinde of Lots as these are, he saith, that Prou. 18.1 [...]. The Lot staieth or [...]inteth contentions or suites, and maketh partition among the mightie. In which words the holy Ghost manifestly not alloweth onely and approueth the vse of Lots in such cases, but commendeth it vnto vs as a wife and discreete course for the taking away of contro­uersies [Page 88] and questions in this kinde, and the preven­ting of law-suites or other quarrels that thence o­therwise might arise. The place is pregnant, and the proofe expresse, considering whom it is spoken by. Neither shall I neede to spend many words for the present either for the further vrging and en­forcing of it, or the seconding of it with other ar­guments: partly because most Diuines generally concurre in the approbation of them, though their proofes be most of them impertinent; and one eui­dent argument may well suffice in a matter not much controuersed; and partly also because the point will receiue further strength from the argu­ments that shall Chap. 6. §. 4. &c. to the end. hereafter be produced for the next sort of Lots, which are more questionable then these. Whither referring the Reader for fuller satisfaction, we will proceede in the next place to consider of the Cautions necessarily to be obserued in the vse of such Lots.

§ 3. When therefore it is said that such Lots are lawfull, it is not so to be conceiued, as if the meaning were to justifie euery particular instance in that kind that either was formerly produced or euer hath bin practised; In omnibus re [...]ꝰ videndum est qua­ [...]enus. Suus enim cuique modus est. Cic in oratore. particular circumstances many times alter the nature of actions, and make those things oft vnlawfull, that otherwise are not euill; but to approue onely the vse of them in those cases, where by such circumstances it is not corrupted and changed. In regard whereof it is not without iust cause, that those that deale in this argument, and allow the vse of such Lots, are wont to annex cer­taine Cautions or rules to direct and limite the vse [Page 89] of them: yet herein failing not a little, in that, as their proofes the most of them are insufficient or impertinent; so their Cautions are many of them either vnsound or superfluous, to wit, such as sort not either with the nature of these Lots, or with the ordinarie vse of them. Wee will first breifly consi­der of them, and then set downe some other, more apt at least, in the roome of them.

The first Caution then giuen vsually is that Peccatur, si abs­que necessitate ad sortes recurra [...]ur. Them sum p [...]r. 2a 2 a.q 95. a. 8. & de sort. c. 5. Nider ad praecept. 1. c. 10. Mar [...]yr. in 1. Sam. c. 10. Aret. probl. par. 1. loc. 67. § 6. [...]ut. 1. Serar. in I [...]sh t [...]m. 2. c. 7. q. 21. Bodin. daemo­nel. l 1. c 6. men vse Lots as Omnia prius t [...]n­tand., quam ad lu­dicia descendamꝰ. Martyr. in 1. Cor. 6 Law, or Consilio omnia p [...]iꝰ e [...]pe [...]iri quàm armis sapientis [...]ss [...]. T [...]r. E [...]nnc. act. 4. sc. 7. Pa [...]mhabere [...]ebet vo untas, bel­lum necessitas. Au­gust. epist. 205. Et Liu. hist. [...]. 9. Iustū est bellum, q [...]ibus necessariū; & pia arma, quibus nulla nisi in armis reliu­quit [...]r spes. Armes, only in case of necessetie, when they haue tried all other courses, and where all o­ther faile, when nothing else will serue to effect what we would haue: Thom. vbi supra. & Ale [...]. Alos sum. par. 2. q 185. mē. 3. Otherwise to vse Lots were a tem­pting of God.

But it is not necessary to require any such necessi­tie, since the thing that is thus put to Lot ought to be a matter of meere indifferency, as hereafter shall appeare; and the course it selfe also is no other. Which therefore euen where diuers waies or cour­ses may be to end a controuersie by, may choise be made of among the rest, being as fit and equall as any of the rest. The suites mentioned by Salomon in Prou. 18.18. the place before alledged as determinable by Lot, are such as may by other courses also, (as by arbitrement and compromise, or by condescension Gen 13.89. the one yeelding the choise to the other,) be com­posed: and therefore it is not necessitie simply, that either enforceth or warranteth the vse of a Lot in them. Neither is there in such case any tempting of God, where there is, as no neede, so no expe­ctance of any extraordinary worke of God. Yea on the other side where the same is either required [Page 90] or expected, there God is tempted, be the necessitie enforcing the Lot neuer so great.

The second Caution is that Peccatur, si quis absque Dei reue­renti [...] sortibꝰ vta­tur. Thom. 2 2 ae q. 95. a. 8. & de sort. c. 5. Martyr. ad 1. Sam. c. 10. Nider ad praec. 1. c. 10. B [...]din. daemo­nol. l. 1. c. 6 They bee reuerently and religiously vndertaken, Fus [...]s ad Deum precibus. Bed [...] in Act. 1. Et Orig. in Iosh. hom. 23. with solemne praier vn­to God formerly conceiued, as Act. 1.24, 25, 26. was sometime done in the choise of Matthias.

It is true indeede that 1 Cor. 10.31. Co­loss. 3.17. nothing ought to be done irreligiously or irreuerently. But yet there is great difference in the religious and reuerent vsage of things, to be meated out and limited by the weight of the worke. In regard whereof there may be no want of due reuerence in some actions, wherein yet such solemnities are not obserued.

Againe it is no lesse true, that we are to Luk. 18.1. 1. Thess. 5.17. pray con­tinually: and that 1. Tim. 48. [...]. Marc. leg. spir. all our actions (euen the least and lightest of them, euen our sports and pastimes, much more all our serious, though ciuill, affaires) are to be sanctified by praier: But how? or in what manner? Not that a man is bound at each seuerall act, as vpon euery bargaine he maketh, or euery pe­ni-worth of ware that he selleth, to fall downe on his knees and conceiue a set praier; no more then to say a new grace for each seuerall course that is brought to the bord, or each seuerall dish that is carued at the bord, or vpon euery other bit of meate that hee putteth into his mouth. The praier conceiued at the beginning of the meale serueth sufficiently for all: and the Psal. 55.17. & 141.2. Morning sacrifice sanctifieth the whole ordinarie daies worke, though eiaculations, as they tearme them, may be seasonably vsed, as occasion shall require. So here vsually is no other sanctifica­tion required then is common to other ciuill af­faires: [Page 91] Not but that In sacris literis ideò preces praemis­sae, quia de rebus grauioribus sortes adhibita. Serar. in Iosh. c. 7. q. 21. praier specially applied to the Lot may in some case be conceiued, where the mat­ter is more weightie, and the euent of some conse­quence, as [...]. Plato de leg. l. 6. in the choise of a Magistrate, or [...].-Hom. [...] Vnde Aiax apud Ouid. Metam l. 13. - sortemque meam vouistis Achiui, E [...] vestrae valuere pre­ces.- Et Liu. l. 10. Sortientibus pro­uincias Coss. He­truria Caruilio e­uenit secundùm vota milit [...]m. of a Combatant, in diuision of Land where some speci­all cause is to affect one part before another, and the like: Otherwise In rebus leuicu­l [...]s non est necessa­ria oratio. Serar. in Iosh. c. 7. q. 21. solemne praier is no more neces­sarie vnto the vse of a Lot, then it is to any other ordinarie busines whatsoeuer. The instance giuen is of a sacred extraordinarie Lot. And it is no sound course to reason from extraordinarie to ordinarie, from sacred to ciuill, from some particular to the generall.

A third Caution is that Vt absit super­stitio & curiositas. Martyr. ad 1. Sam. cap. 10. & Aret. probl. par. loc. 67. §. 6. caut. 2. No superstition or curiosi­tie be mixt with it: but Euentus á Deobo [...]isue Angelis expectetur, &c. Thom. 2 2ae q. 95. a. 8. & de sort. c. 4. Nider. inpraecept. 1. c. 10. the euent be religiously expe­cted from God.

Superstition indeed altreth the nature of a Lot, and maketh it not a meere Diuisory but a Diuinato­rie Lot: for the paring whereof away therefore some Caution may seeme needfull: as we shall af­terward see.

For the latter Clause: to expect the issue and e­uent of it, as by ordinarie meanes from God, is com­mon to all actions: to expect it by an immediate and extraordinarie worke is no more lawfull here then else-where, yea is indeed meere superstition, as hereafter we shall shew.

The fourth and fift Cautions are that Ne in illicita in­quiramus, &c. Aret. ibid. caut. 3. We inquire not into things vnlawfull by Lot: as what is become Iosh. 7.16, 17, 18. of [Page 92] goods stolne or lost; or Ne in futura. Aret. ibid. to foretell what shall be: for that is to turne Lotery into Sorcery.

But such Lots as these are meerely Diuinatorie, (no Diuisory Lots) of which seuerally by them­selues.

A sixth Caution, that Ne diuina ora­cula ad terrena ne­gotia conuertantur. ex Aug. epist. 119. c 20. Thom. p. 2a 2ae q. 95. a. 8. Ni­der. ad praecept. 1. c. 10. Martyr. ad 1. Sam. c. 10. We vse no texts of Scrip­ture in our Loteries.

It is true indeed generally of all actions, that ho­ly things are not to be applied to prophane vses. But the abuse here touched is in diuinatorie Lots, simply vnlawfull, whether such sacred things bee vsed in them or no.

A seuenth Caution is, that Ne in electioni­bus [...] Ecclesiasticis, &c. Thom. sum. par. 2a 2ae q. 95. a. 8. & de sort. c. 5. Nider. ad praecept. 1 c. 10. Panorm. ad Decretal. l. 5. de Sortileg. tit. 21. cap. 3. vbi Honori­us 3. Quod Ponti­ficem ex vobis vnū elegistis per sortem, nota non caret: quinimò multa re­prehensione dignū est, quod sors in talibus interuenit. Et post, Sortis v­sum in electionibus perpetua prohibiti­one damnamus. They be not vsed in Ecclesiasticall elections: for in temporall dignities or offices they may.

And why not in those as well as in these, where the people or persons that haue power to choose are diuided in their choise, and the Competitors generally held equally fit for the place? that which In pastorum Ecclesiae vocationi­bus vti licet. Dan. de lud. al [...]ae. ca. 9. Qua in re Script [...] ­ris saecris repugnet, non liquet. Lauat. in Prou. c. 16. others also of good note graunt, and Si prohibitio iuris positiui secludatur, non video peccatum aliquod, &c. Caietan. sum. tit. de sort, Si contentio esset de aliquorum electione, & esset parit [...] vtrobique, scripserunt Laurent. Raimund. Ioan. & Cancell. quod possent fieri sortes. Sed hoc repr [...] ­batur in extrau. vnde Hostiens. & Goff dieunt quod non posset fieri sine autoritate Papae. Aste­san in sum. l. 1. tit. 14. diuers Po­pish ones too, saue for the Popes prohibition.

The eighth and last Caution is that Vt fraus & dolus malus absit. Martyr. in Sam. c. 10. Aret. problem. part. 1. loc. 67. §. 6. ca [...]t. 5. No couine or crafty conu [...]iance bee vsed in them: like that which Ex Pausania Aret. ibid. Temo the Preist vsed in deciding a controuersie be­tweene Cresphontes and Aristodemus his issue.

For the story here touched, it is diuersly reported by Authors, and in some particulars mistaken by [Page 93] him that alledgeth it. We shal haue occasion Infra cap. 12. §. 6. here­after more particularly to relate it. Meanewhile this may suffice, that, howsoeuer that which is here touched and the like guilefull courses are vniust and consequently vnlawfull, especially where both par­ties haue an interest in that that is to be shared: For I dare not condemne Caesars slight who in punishing of his mutinous troupes, where it was in his owne power to slay or saue whom he would, [...]. Dion. Cass. [...]. 41. carried the matter so cunningly, that the Lot lighted on those that had beene faultiest and forwardest in that bu­sines. Howsoeuer, I say, such injurious and coo­sening conueiances are vnwarrantable: Yet this Caution seemeth needlesse, because the very nature of a Lot excludeth all such courses: and therefore to giue such a Caution concerning a Lot, is as if a man should say that A Lot must be a Lot, or else it can­not be a lawfull Lot. For where the euent is deter­mined by such counsels or courses, there is there no casualtie, and so consequently no Lotery. Whereas the Question is here how a man may lawfully vse a Lot, not whether he may not vse some other course in steede of a Lot, when he pretendeth to vse it.

§ 4. These are most of the Cautions most com­monly giuen; in steede whereof, because the most of them are not so materiall, it shall not be amisse to propound some other that may more precisely li­mite the vse of this kinde of Lots, and meete with the abuses most vsuall in such.

Now these Cautions may bee referred to two heades; they concerne either the matter wherein they are vsed, or the manner of vsing them.

[Page 94]Concerning the matter or businesses wherein Lots may lawfully be vsed the rule of Caution in generall is this that Lots are to be vsed in things in­different onely. Which Caution that it may be the better conceiued, a word or two will doe well for the explication of the word Indifferent vsed in it. The rather for that some there be that suppose that there is no Act at all Indifferent; and so according to their judgement, if Lots may be vsed in things indifferent onely, they may not be vsed at all. True it is that in the Schooles there are two receiued Axiomes that may seeme the one to crosse the o­ther, to wit, that Omnis actio est adiaphora. Euery action is indifferent; and that Nulla actio est adiaphora. Vise Gerson. in regul. mor. No action is indifferent: which seeming con­tradiction they yet salue with a distinction of Omnis nuda; nulla vestita. naked and clothed, that euery naked or bare action simply conceiued is indifferent, but no action clad with his particular circumstances is indifferent. For exam­ple, say they, to strike is indifferent, but to strike an Innocent, or to strike without authority, or to strike in this or that case, this or that Person, is not so. But to come neerer home to that wee haue now in hand: The word indifferent may be taken two waies, ei­ther as it opposed to Good and Euill, and more specially to such actions of virtue and vice as de­serue more speciall either praise or reproofe; or as it is opposed to necessary good duties, such things as must needes be done, and so consequently also to Euills simply forbidden, which in that regard may in no wise be done. In the former sense is that said to be Omnia aut bona sunt, a [...]t mala, aut indifferentia: quod nec bonum nec ma­lum est, sequitur vt medium sit. Senec. epist. 118. Indif­ferentia dico. quae Graeci [...] vocant, quae nec bo­na, nec mala sunt. Idem ep. 83. [...] indifferens siue medium, quod nec bonum nec ma­lū est: quod nec in bonis ponitur, nec in contrarijs. Cic. de fin. lib. 3. indifferent, that is neither good nor bad, neither lawfull nor vnlawfull. In this sense albeit [Page 95] many Indifferentia sunt morbus, pau­pertas, &c. Senec. ep 83. Indifferens est actus omnis à ratione non proce­dens. Thom. sum. par. 2 2ae, q. 18. a. 9. Id medium atque indifferens v [...]camus, quod tam malo contingere quàm bono potest. Senec. ep. 118. naturall actions not proceeding from rea­son, and therefore comming not within compasse of the Morall law, as for a man to talke or walke in his sleepe and the like, are in that regard meerely indifferent, no Law being giuen of them that may be obserued or transgressed in them: As also how­soeuer [...], quaeper sese ipsa neque honesta (malè vulgo, inho­nesta) sunt neque turpia, sed perinde vt aguntur, ita aut probanda fiunt, aut reprehendēda. Gel­lius noct. Attic. l. 2. c. 7. many actions in generall are said to be in­different, because they are not either so simply good, but that by some particular circumstances they may be so tainted and corrupted as they may become euill, nor yet so absolutely euill but that in some cases and with some circumstances qualified they may not onely become good, but proue euen necessarie duties: Yet neuerthelesse most true it is, that Vise Thom. par. 2a 2ae, q. 14. a. 9. & q. 21. a. 1.2. Quicquid facimus, aut malitiae, aut virt [...]tis gerimu [...] imperio. Senes. ep. 107. no particular morall action, or no action of the reasonable Creature proceeding from reason, can possibly be so indifferent, but it must of neces­sitie be either conformable to the rules of Gods ho­ly word or disconformable thereunto. In common speech indeede the word Indifferent according to this acception is taken in some latitude of significa­tion, when it is attributed to such actions as though good and warrantable, yea or necessarie, yet Mediū est, quod nec in virtutibꝰ est nec in vitijs. Cic. de fin. l. 3. Indifferens nihil gloriosum. Sen. ep. 83. Negle­cta quaedam offen­sam contrabunt, quae impleta gloriam non merentur; & damnant praeuaricatorem, nec glorificant autorem. Bern. de praecept. & dispens. are not greatly praise-worthy, because there is no spe­ciall matte [...] of goodnesse in them, as for a man to eate when he is hungrie, to drinke when he is athirst, 1. Tim. 5.8. to prouide carefully for his owne Family, Matth. 5.45.46. [...]; Quid magnifici est se amara, sibi parcere, sibi acquirere? Sen. benef. l. 4. c. 14. Si quid amicum erga benefeci, aut consului fideliter; non videor meruisse laudem, culpa caruisse arbitrer. Plant. trinum. act. 5. scen. 2. to loue those that loue him, and the like, which yet in [Page 96] strictnesse of truth according to this acception are not absolutely indifferent.

In the latter sense that is said to be indifferent Adiaphora col­locat Gell. l. 2. c. 7. inter ea quae sua virecta & hon [...]sta sunt, & quae his contraria turpia & omninò iniqua sunt: illa fieri opor­tere, siue imperet pater, siue non i [...] ­peret; ista nec fi im­peret: in medijs so­lummodò parendū. Id quod I [...]an. Sa­ri [...]h. polyer. l. 6. c. 12. Quaedam ita neces­saria sun [...], vt man­datum nec exp [...] ­ctent; alia sic dete­stabilia, vt manda tum non admittāt: media quae nec sunt necessaria bona, nec detestabilia [...]ala, consistunt in arbi­trio praesidentis. A­diaphora quae nec praecepta sunt lege Dei, nec prohibita. M [...]lanch. loc. com­mun. [...]oc. 21. reg. 2. noc necessariò faci­enda, nec necessariò vitanda. Ibid. loc. 23. reg. 2. quae nunc vsurpare, nunc o­mittere, indifferen­ter liceat. Caluin. institut. l. 3 c. 19. §. 7. Things indifferent, neither simply commanded, nor forbidden, but left free. Fenner of re­creat. rule spec. § 4. that is good and lawfull to be done, but is no ne­cessarie dutie, that may either be committed or o­mitted, done or left vndone without sinne. And thus are many particular actions indifferent. The ground whereof is this; because the Law of God though it binde the Creature guided by reason Praecepta negatiua ligant semper, & ad semper. to doe nothing but what is good, and to doe good at all times, yet Praecepta affirmatiua ligant semper, sed non ad semper. Thom. par. 1a 2ae q. 71. a. 5. & q. 100. a. 10. & q. 88. a. 1 & par. 2a 2ae q. 3. a. 2. & Gerson. in regul. moral. it bindeth him not to doe all good at once or at all times; so that many good things there are that may at sometime be done, whereof a man may make choise whether of them he will doe, be­ing not necessarily tied vnto or enjoyned any one of them: As for a student hauing diuers bookes about him in his study it is indifferent to choose one this or that, refusing the rest, for present imployment, there being no speciall occasion to vrge the vse of one more then of another: Or [...]. Plut. de Stoic. contradict. for a man that carieth a paire of kniues about him, it is indifferent to draw and vse either when occasion requireth. And of this nature in this Caution is the thing re­quired to be, that is put to a Lot, to wit, such as a man may lawfully either chuse or refuse [...]ther doe or leaue vndone.

§ 5. Now this Caution diuideth it selfe into two distinct branches according to the diuers qua­litie [Page 97] of those things that oppose to, or swarne from this indifferencie.

The former is that Lots may not bee vsed in ought euidently vnlawfull or in it selfe euill, either in the omission of some necessarie good dutie, or in the yeelding to ought simply wicked, vngodly, or vniust, and so consequently where at the present it is euidently apparent vpon other grounds what a man ought to chuse or to refuse. For a Lot, as we haue seene, is casuall: and to put a necessarie act to a ca­suall euent, cannot be without sinne, since it maketh that casual and contingent which Gods law maketh necessarie. Deut. 5.32. & 12.32 & 27.26. In such cases therefore a man is to fol­low the grounds and to be led by the rules of reli­gion and reason; and not to put that to hazard whe­ther he shall doe it or no, for which hee seeth and knoweth already good grounds why he should doe it or not doe it. What a man seeth euident grounds against, that he may not doe: and looke what hee may not lawfully doe, that hee may not put to ha­zard whether he shall doe or no. And on the other side what a man seeth necessarie ground for, that he is necessarily bound to doe: what he is necessarily bound vnto, he may not refuse or forbeare to doe: and wha [...] [...]e may not refuse, he may not put to the hazard of refusing.

To illustrate this by some instances. Where ma­ny stand for an office either in Church or Common­weale, whereof some are fit, some are altogether vnfit for it, or some fitter, some lesse fit with very manifest difference, in this case for those persons in whose power it is to call and admit thereunto, [Page 98] Peccat, qui sor­tesiacit ad electio­nem beneficij Ec­cles. nullo prius ha­bito id [...]neorum de­lectu. Martin. Na­uar. manual. c. 11. §. 38. Iniqua est sortitio, vbi de offi­cijs public [...]s digni cum indignis sortes mitterent: poss [...]t enim sors indigno fauere, cum dam­no publico, & digniorum iniu­ria. Delrio. dis­quis. mag. l. 4. c. 4. q. 1. to put it to Lot amongst thē al, which of them shal haue it, were vtterly vnlawfull: For it were to ha­zard the binding of themselues to doe that which they ought not to doe, as it may fall out, to accept of one either wholy vnfit, as it fell out when the High-preisthood was once so put to Lot, [...]. Ioseph. captiu. l. 4 c. 12. the Lot lighting on a sily rude Clowne, that for simplenesse scarce knew what the High-preisthood meant, and became therefore a scorne to all sorts; or not so fit as were fit where better choise may be had; as Sors ad parum idon [...]es deerrabat. Tacit annal. l. 13. in some offices at Rome it came sometime to passe: Since [...]. Arist [...]t. Rhetoric. lib. 2. cap. 20. [...]. Philo. de con­stit. princip. [...]. Ibid. [...]. Isocr. in Areop. [...]. Chrysost. ad Ephes. homil. 2. In sort [...] non est electio: vbi merita considerantur, electio est, non sors. August. in Psalm. 30. Sorte & vrna mores non discerni. Heluidius apud Ta [...]it. hist. lib. 4. In sorte euentus est, non iudicium, & saepe irrationabili casu sorte melioribus vltimus quisque pra­fertur. Ambros. hexam. lib. 5. cap. 21. [...]. Philo de constit. princip. the Lot maketh no difference of good or bad; nor taketh any notice of the fitnesse or vnfit­nesse, Sicut aleae, sic & curiae casus delectu carens, digni [...] & indigni [...] aequè respondet. Gyraeld. Itinera [...]. Cambr. praesat. 1. Fortuna dignum atque indignum ne­quit internoscere. Pacu [...]. apud Cornif. ad Heren. lib. 2. §. 41. of the worth or vnworthinesse of those that bee put together vpon it. In which regard though Et Isocrat. in Areopag. laudat [...]. Et de apibus Ambros. he [...]am. lib. 5. cap. 21. Rex non sorte ducitur. many worthily condemne such promiscu­ous Loteries, and prefer for the most part, and that justly, other courses of election before that by Lot: [Page 99] and [...]. De­most in Midia. ad quem lo [...]um Vlpia. [...]. Et V­lyss [...]s apud Ouid. met. 13. Est a [...]i­quid de tot Graia­rum millibus vnum A Diomede legi. [...]c me sors ire iubebat. Et Plin. Ep. 24. lib 8. Ne sorte, quem iudicio mis­sus videaris. it is generally accounted a greater credit for a man to be elected then to be allotted to any place of imploiment: yet [...]. Arist polit. l. 6. c. 3. Sortes licitae sunt quibus functiones certae viris idoneis tribu [...]tur. Lauat. in Prou. c. 16. where diuers Competitors are judged alike fit, or are all fit in some good com­petency though with some small inequalitie, so that Vbi impossibile esset vt sors aberraret. Bulling. in Act. 1. quia nu um tunc est periculum, qua­cunque s [...]rs exe [...]t. Bellarm. de cler. l. 1. c. 5. howsoeuer the Lot fall, it cannot light amisse, that as he said sometime, [...]. Cyrus apud Xenoph. Paed. l. 8. though a man should cast blindfold at them, he could not misse but hit a good man, there were it not vnlawfull to dispose a place or of­fice, were it ciuill or sacred, by Lot among such; especially when there shall be much labouring and contending for diuers by sundrie persons on either side engaged, who may all by that meanes be quie­ted, and some one picked out and pitched vpon without disgrace to any of his Competitors, or dis­contentment to their friends. And to this purpose in most estates, where offices were disposed by Lot, as there went [...]. Arist p [...]it. l. 4. c. 16. [...]. Plato de leg. 6. Iude [...] dicti qui a [...]sp [...]m sortis admitt [...]tur [...]ud. in com [...]ent. Hi [...] D [...]mosth. in Eu [...]ulid [...]. Et, [...]. Et, [...]. Et, [...]. an election before the Lotery, that the Lotery might go onely among such as were of some sufficiencie, so againe after the Lotery there was a publike [...]. Pla [...]o de leg l. 6. Et [...]. Ibid. [...]. Aeschin. in Cresiph. Hinc orationes [...]. Et D [...]m [...]sth. in Mid [...]am, [...]. Et de Thesmothetis Libanius in Androt. [...]. Sed & Senatū quisqu [...] in­gressus, iuramento adigebatur, [...], id indicare. Lysia [...] in Philon. triall of them, and an inquirie made into the courses and abilities of such as the Lot had [Page 100] lighted on, that if they were found insufficient or faultie they might be reiected, and [...] in­de dicti: de quo pri­u [...] cap. 4. §. 6. others taken in in their steed. Besides that those places that required some speciall kinde of skill, military, musicall or the like, either were [...]. Aristot. polit. l. 6. c. 2. Sic [...], & mili­tares reliqui [...]. Plato de leg. l. 6. Sic & Athe­niens. [...], &c. Pollux l 8. c. 8. § 7. exempted wholy from Lotery, or the Lot went [...]. Plat. leg. l. 6. Hinc Lysias in Alcibiadem [...]. among such onely, as vpon due triall were found to bee expert in that particular. Neither was there great diligence vsed without iust cause in this kinde: for [...]. Socrates apud Xenoph. [...]. 1. Cui gemi­num illud Philonis de constit. princip. [...]; &c. if men would be loath by Lot to take a Phisitian when they are sicke, or a Pi­lote when they are to go to sea, of whose skill they haue not had some good triall before, or assurance otherwise: much lesse were it fit by Lot, without further enquiry, to commit the helme of the estate and the life of many hundreds into the hand of any one hand-ouer-head that the Lot might light vpon. Againe for priuate men in some danger and distresse weary of their liues to cast Lots, as Ioseph. captiu. l. 3. c. 26. & l. 7. c. 35. they sometime did, who shall slay either other, were vnlawfull: because a plaine breach of Gods precept: or where two Malefactors are condemned to death, but the one is to be spared vpon some speciall occasion, as Matth. 27.15. Mark 15.6. Luk. 23.17. with the Iewes where some offendor was giuen them to grace their feast, (I stand now to discusse the lawfulnesse of that course, but taking it to bee granted that some one is vpon good ground to be [Page 101] spared) here Oportet vt par sit sortientium reatus. Delri [...]. disq. mag. l. 4. c. 4. q. 1. Alio­qui, Sortiri ad poe­nam, atque homi­num delictum for­tunae iudicio com­mittere, minimè censorium est. Cic. pro Cluent. if the parties be vnlike, the one a de­bauched Roge that hath beene before oft in the like vilanies, the other but a Nouice newly fallen to the trade, and the present his first knowne offence; or the one an obstinate and desperate wretch, the other penitent and not vnlikely to proue an honest man afterward; for the publike Magistrate it were vnfit here to put it to hazard whether to spare or to pu­nish: whereas in warre, as before, when a whole band hath offended, Ne in bello pro­pter hostium metum miles deficeret, am­plier ei mortis & supplicij metus est à maioribus consti­tu [...]us: ne autem nimium multi poe­nam capitis subi­vent, idcircò illa sortitio comparata est. Cic. ibid. Sic enim fieri posse, vt poena ad paucus, exemplum ad mul­tos per [...]eniret. Do­nat. in Scipion. where the cutting off of all would be too great a maime to the whole, and a­gaine passing by all would be a matter of euill ex­ample, here time being not afforded to consider of particulars, who may best be spared, or who are worthiest to be punished, all alike deseruing death, and being in the power of the Generall to put all to death, it is lawfull for him to tithe them, as wee said they did sometime, and by Lot to decide who shall be saued, who slaine.

In matter of almes and liberalitie, for a man to make Beggers vsually as he meeteth them, draw cuts for his money, were to play and make sport with his almes and his prodigality (for that tearme would best fit it,) as Solitum A [...]tio­chum Epiphan [...]m, vel Epimanem po­tius, effusis per vi­am publicam nuna­mis dicere, [...]. Ex Pt [...]lom. Euerget. comment. l. 5. Athenae. l. 10. the madde Antiochus sometime did, and as Pauperum vita in plateis di [...]ilum seminatur. Argentum micat in luto: accurritur vndique: tollit illud non pau­perior, sed fortior, a [...]t quifor [...]ècilius praecucurrit. Scilice [...] sic factirabat Petius, sic Paulus lu­deba [...]. Bern de consider. l. 4. Bernard saith the Pope doth with his; and so were but to abuse a Lot for the inconsiderate casting away of that, Nec auarum te Deus, nec profusum vult: collocare te vult quae ba­bes, non pr [...]ijcere. Aug. de 10. chord c. 12. Beneficia nec in vulgus effundenda sunt; & nullius r [...], mi [...]imè benefici [...]rum, bonesta largitio est: quibus si detra [...]cr [...] iudicium, desinunt esse beneficia, in aliut quodlibe [...] iucidunt nomen. S [...]ec. benef l. 1. c. 2. that ought to be disposed of [Page 100] [...] [Page 101] [...] [Page 102] by aduice: Or againe where two Persons in want craue that reliefe of a man which but one of them can haue, it being apparent that the one hath farre more neede then the other, and is neerer to the par­tie in whose power it is to dispose of, for him to make them draw cuts for it in this case were not warrantable, because hee may euidently see here 1. Tim. 5.8. whether is rather to bee relieued, and may not therefore hazard the defeating of him. But for those that be in office to auoide the clamour of ma­ny much alike poore suing for some pension, to cast Lots among them which shall haue it for the pre­sent, and which expect it hereafter; or Si cum tibi a­bundaret aliquid, quod oport [...]ret dari ei qui non haberet, nee duobꝰ dari pos­set; occurrerent duo, quorum neuter vel indigentia, vel crga te aliqua ne­cessitudine supera­ret, nibiliustius fa­c [...]res, quàm vt sorte eligeres, cui da [...]dū asset, quod dari v­trique non posset. Aug. de doctrin [...] Christ. l. 1. c. 28. for a man that hath a toole of some trade which two poore men of that trade are Suters to him for, there being no ground for him to pleasure the one rather then the other, here likewise by Lot to determine whe­ther of the twaine shall haue the toole, were neither vnlawfull nor vnfit.

§ 6. And thus was the former branch of this Caution that Lots are not to be vsed either in ne­cessarie duties or things in themselues euill, such as may euidently at the present appeare to be such.

The latter branch is that Lots may not be vsed in such things, though not otherwise in themselues e­uill, where by consequence the vse of them may in likelihood proue Inconuenient or Inexpedient.

The reason is apparent; because 1. Cor. 6.12. & 10.23. Est aliquid quod [...] oporteat, etia [...]s [...] licet. Cic. pro Balb [...]. Quid decoat vos, non quantum lice­at vobis, spectare debetis. Idem pro Rabir. things indif­ferent and such as are good and lawfull in them­selues, become vnlawfull vnto vs when they grow Inconuenient or Inexpedient in the vse of them.

In matters therefore of indifferencie that of them­selues [Page 103] are not euill, yet are such as by some circum­stance they may easily become euill, great regard ought to be had of the conueniencie and expedien­cie of them. Where vnder the head of inconueni­encie I comprehend all such things, as may tend to any outward euill: vnto the head of Inexpediency I referre all such things as may bring a man within danger of some spirituall euill.

For the former point of Conueniencie and In­conueniencie the rule is, that because things in themselues otherwise lawfull and warrantable may seeme Conuenient in some respects, and Inconue­nient in others, that therefore where the Conueni­ences and the Inconueniences shall be laid in an e­uen ballance of equall and indifferent iudgement, either against' other the action is to be deemed ei­ther Conuenient or Inconuenient, as the one side shall appeare to weigh downe the other: that is to say, The Conueniences being more or weightier make the thing questioned Conuenient, the Incon­ueniences being more and weightier make it iustly deemed Inconuenient.

To apply this to the present; In the Vse of a Lot about a matter of it selfe otherwise not euill, if the Conueniences shall be so many and so weighty on the one side, that they may wel weigh downe what­soeuer Inconueniences may be produced on the other side, there the action is Conuenient, and a Lot therefore lawfull: but contrariwise where the In­conueniences that shall necessarily or in good pro­bability appeare to accompanie the thing questio­ned or ensue vpon the doing of it shall be such and [Page 104] so great, as the Conueniences that stand on the o­ther side shall not be able to counteruaile, there the action is worthily disallowed as Inconuenient, and a Lot consequently vnlawfull.

Thus in publike affaires for the giuing of some few priuate men contentment to admit a Lot where the admission of it may in likelihood proue preiudi­ciall to the publike, were an vnwise course and an vnwarrantable, because the publike weighing down the priuate maketh the action inconuenient. Where it is worth the obseruing that albeit among the Ro­manes the ordinary imployments of their Officers, and many other affaires were ordered oft-times by Lot, yet Sic cum Anni­bal ad portas, Bel­lum cum Annibale Coss. mandatum: Liu. l. 24. ann. 541. Consulibus belium cum Annibale & binae legiones decre­tae: Prae [...]ores pro­uincias sortili sunt: Liu. l. 25. ann. 542. Italia ambobus pro­uincia decreta. Iaē l. 27. ann. 545. & 547. & 548. Sic Ausonum bello, Omni ope annixi sunt, vt ma [...]imum ea tempestate Im­peratorē haberent, & ne forte casu er­raretur, petitum ab Coss. vt extra sor­tem Coruini ea pr [...] ­uincia esset. Linius l. 8. ann. 420. Sic bellum Volseum Ca­millo extra ordinem decretum. Idem. l. 6. ann. 374. & idem Manlijs sine sorte. Ibid. ann. 276 Sic Martio noui hostes deuernuntur. Idem l. 9. ann. 448. Sic Coss. ambobus quaestio de clandestinis coniurationibus decreta est. Idem l. 39. ann. 568. Sic Augustus prouincias validicres, & quas annuis magistratuum im­perijs regi nec facilenec tutum erat, ipse suscepit, caeteras Procensulibus s [...]rtitò permisit. Suet. Aug. c. 47. In bello Macedonico Coss. prouincias sortiri parantes, cùm bellum produci animadu [...]r­terent, quod rebus vix dum inc [...]oatis Imperatores au [...]carentur, cohibuerunt patribus adnitentibus Tribuni, & Quintio imperium prorogarunt: vt Liu. l. 32. ann. 557. Prouinciae quae in bello de­cretae. Idem l. 41. ann. 577. when any extraordinarie accident fell out, or any busines to be dispatched of more speci­all weight, they either left wholy then their Lotery, or Quas prouincias Praetoribus esse placeret, Consul ad Senatum retulit: decreuerunt duas Romae, duas in Italia, duas extra Italiam; & extemplo sortiri iussi, Liu. l. 38. ann. 567. Nominatae iam antea Coss. prouinciae erant: tum sortiri iussi. Idem l. 21. ann. 536. Coss. Aetoliam & Asiam sortiri placuit. Idem l. 37. ann. 565. Ligures & Galliam. Ibid. 38. ann 566. Senatus decreuit vt Coss. duas Gallias sortireutur. Cic. ad Attic. Epist. 14. His ita in Senatu, ad id, qua cuius prouincia foret, decretis, tum demum sortiri Coss. placuit. Liu. l. 36. limited the course of it (which yet Coss. cùm iam minus terroris à paeni [...] esset, sortiri ius [...]. Liu. l. 26. ann. 543. after when things were quieted and setled they returned againe vnto) and though those in office themselues Italiam & Africam in sortem con [...]ci, ambo Africam cupientes volebant: populus rogatus quom vellet in Afri­cam bellum gerere, Scipionem iussit. Liu. l. 30. Coss. vt Macedoniam cum Italia sortirentur pete­lant: ambobus Italia decreta. Ibid. 32. de­sired, [Page 105] yea Decius iniuriam querebatur, irrita sieri fortunae arbi­tria: omnes ante se C [...]ss. preuincias sor­titos, nune extra so [...]tem Fabio Sena­tum dare prouinci­am: cui d [...]bium esse, vbibellum sit asperum & diffici­le, cum id alte [...] extra sortem man­detur, quin alter Consul pro super­ua [...]aneo a [...]que inu­tili habeatur? Liu. l. 10. vrged it and instantly called for it, that they might not seeme contemned, as being balked and reiected, and others in the State-seruice prefer­red before them; yet Populi consensu Hetruria extra sor­tem Fabio decreta est. Ibid. the regard of the common good preuailed so farre with them that they would not hearken vnto them to put that to the hazard of a Lot, where the euent might proue much inconue­nient, which otherwise ordinarily they did.

That is not true therefore that one of our Writers saith, that Clem. Edmund on Caesars comment. l. 1. c. 20. Rome directed the maine course of her go­uernment by the Fortune of this mocke-destinie. For neither were the Officers themselues ordinarily chosen by Lot, neither did they retaine the vse of it in matters of speciall weight or difficultie: the only constant vse of it was in diuiding the Prouinces and Iurisdictions, as if the Iudges with vs should cast Lots for their Circuits; and the two in each Cir­cuit whether should sit vpon priuate suites, and whether vpon publike pleas. Which course also as they brake, where the imploiments were of more speciall importance; so, if in vsing the Lot, it fell not out so, as seemed behouefull for the State, Mummio Prae­tori Sardinia e [...]e­nerat: sed ca pro­pter belli magnitu­dinem consularia f [...]cta est. Liu. l. 41. ann. 577. Bae­bio & At [...]ilio pri­mum Senatus con­sulto, deinde plebis etiam scito per­mutala prouinci [...] sunt. Idem l. 35. ann. 562. Hostilio iurisdictio vrbana e [...]enerat: addita & peregrina, vt tres in prouincias exirent. Idem lib. 27. ann. [...]47. Cùm de Consularibus m [...]asors prima exisset, vna v [...]ce Senatus frequens retinendum i [...] vrbe cemsuit; hoc idem post me P [...]mpris accidi [...] [...] vt nes duo quasi pignora reipublicae r [...]tineri videa­mur. Cic. ad Attic. Epist. 14. Fabiam Pictor [...]m Flamine [...] Quirinalem cui Sardinia prouincia [...]n [...]neras, M [...]tellus Pont. Max. ads [...]ra retinuit: religio vicit, & dicto audiens esse Flamen Pon­tifici iussus. Liu. l. 37. ann. 565. they made bold, as they might well doe, to con­trole the Lotery, and to dispose of things other­wise.

Thus againe howsoeuer it were not vnlawfull simply, for many to ioyne together in a Lotery (as [Page 106] well as in a free contribution, which Iob 42.11. Iobs friends sometime did) for the raising againe of an honest man by crosses and casualties fallen behind hand: yet for a State to giue way to publike courses in that kinde Decoctores qui­dam in blanchis, vt aiunt, suis sortibus vtuntur. Post el. de Magistr. Athen. c. 8. A notable abuse so vsed. Perkins of witch­craft. for the raising and enriching of some one decaied Banckrupt' by the probable damage, yea and impouerishing of many others, that out of hope to gaine great matters may wring and wrong both themselues and their whole families thereby, may well seeme scarce warrantable, considering the hindrance of many therein procured for the helping of some one.

Thus lastly how soeuer in goods bought in com­mon, because [...]. Pla­to de leg. l. 6. men may be many times conten­tiously minded, and ready to take discontent euen in the equallest courses; yea because men commonly in these cases Fertilior seges est alien [...] semper in aruis; Vicinumque pecus grandiꝰ vber habet. Ouid. art [...] l. 1. Aliena nobis, nostra plus alijs placent. P. Syrus. are wont to thinke that better, that goeth from them, though indeed it be not so; and that lesse that commeth to them, though it be the better part; when diuision hath beene made with as much equalitie as may be, or with such inequalitie as they shall both agree vpon, it is a course not lawfull and conuenient onely, but euen laudable and commendable, for mutuall satisfaction, by Lot to assigne each one his share: yea how soeuer in this, or in the like case; when a mans goods are so mixed with anothers in whose hands they both are; it were not vnlawfull for a man to put his whole right to them to the hazard of a Lot, for the procuring and purchasing of his peace, which cannot otherwise be had, with one whom he would not by any meanes, if it lay in his power, be at ods with the thing it selfe [Page 107] being no other then he may well forgo; yet for a man in such a case to put that to the hazard of a Lot, when he may otherwise recouer it, which his estate will not beare, or may be otherwise more preiudi­ciall both to him and his, were not lawfull, because the damage that thereby might accrue, would be greater, then could free such an action from impu­tation of euident inconuenience.

§ 7. For the latter point of Expediency and In­expediencie the generall rule is, that that which is no necessary dutie, but a thing indifferent onely o­therwise, may not be done, where there is strong presumption vpon good ground, that it shall spiri­tually endanger a mans selfe, or others, by giuing occasion of sinne vnto the one or the other.

I except necessarie duties; because such are not to be omitted, though they may be occasion of sinne vnto others, or though wee our selues cannot doe them without some sinne. Matib. 10.27, 28, 34, 35, 36. & 15.12, 14. [...] Not for the sinne of o­thers; for there is no duty so holy but that many may and will take occasion of euill by: euen 2. Cor. 2.16. the ministery of the word turneth to the euill of not a few, which yet is 1. Cor. 9.17. Ezech. not in that regard to be negle­cted or omitted, because mans corruption cannot free any from the imployment that God enjoineth him.

Nay, nor for our selues and our owne sinnes are such duties to be forborne. For then should no good worke at all be done of vs; because Rom. 7.15, 16, 17, 23. & 8.26. wee can doe none so, but that some sinne will sticke to vs in the doing of it. Wootton ansvv. to Pop. Art. 2. As a diseased Person therefore ought not to forbeare his foode, and by fasting to [Page 108] starue himselfe (as Mihi stat alere m [...]rbum d [...]s [...]st [...]re. Corn. Nepos in At­tict vita. Pomponius Atticus Cib [...] abstinebat, & admou [...]nti m [...] ­dico, [...], di­xerat. Plin. Se­cund. Epist. 12. l. 1. and Corelius Rufus, absurdly sometime did,) because [...]. Hippocr. Aphor. § 2. aph. 10. in fee­ding his body he shall withall feede his disease; nor a melancholy man is to pine himselfe to death, be­cause where he is, he can come by none but melan­cholicke foode, such as is not so conuenient for a man of his constitution; but is to vse such as he can get for the preseruing of life where no other can be had: so in this case men are not to giue ouer hearing the word, praying, participating in holy things and the like, because they cannot heare so attentiuely, pray so deuoutly, receiue so reuerently, and religi­ously as they would and should; but 2. Chron. 30.18, [...]9. endeauour to doe all such good duties as God requireth of them so well as they can, leauing the issue and euent of the worke to the good prouidence of God in re­gard of others, to his gratious acceptance in regard of themselues.

But in things indifferent, and such as are no ne­cessary duties, Matth. 18.6, 7. 1. Cor. 8.9, 10, 11. for a man to doe that which in great likelihood may spiritually endanger an other, is to make himselfe guilty of soule-murther; Exponere se pe­riculo pecca [...]i, est peccatum. Bona­uent. in 4. dist. 17. Gerson. in regul. mor. Caietan. in sum. to doe that which may spiritually endanger himselfe, is to make himselfe guiltie of selfe-murther. And surely, if it be vnlawfull and Matth. 4.6, 7. a tempting of God for a man needlesly [...]. to plunge himselfe into danger of death in regard of his body; it is no lesse vnlawfull, yea a farre greater sinne rather, for a man to doe the same in regard of his soule. Besides that Gods comman­dements not onely forbid sinne, but euen Cum virtutibus & vitijs sanciun­tur & vetantur tria ista, causae, oc­casiones, media. Al­sted. system. theol. l. 2. c. 3. §. 2. can. 7. whatso­euer may be a meanes and an occasion of sinne, though it be not sinnefull of it selfe.

[Page 109]Needlesse therefore and vnnecessarie Loteries though in things otherwise not vnlawfull, where they are likely to cause, or by experience are found to occasion much sinne, are so farre forth vnwarran­table, because in that regard inexpedient. In respect whereof howsoeuer it were no vnwarrantable course, in a matter of common or publike benefit, as the reparation of a bridge, reedifying of an Ho­spitall, erecting of a schoole or the like, for diuers men of good ability to agree among themselues to put it to hazard what summes each of them shall disburse or dispend toward the discharge or support thereof, the summes being no greater then the estate of any of them may well beare, when they cannot readily agree vpon a rate otherwise; as also for the better encouragement of either other in that kinde, in common equally to contribute toward the price of a iewell, or some one of them to conuert his part into some such commodity, to bee conferred vpon some one of them so contributing, whom by Lot it shall light to, their mindes and states proba­bly knowne either to other, I see here no reason why it should be vnlawfull. But for a man in this kinde to put that to hazard which he knoweth or probably suspecteth that he shall be vnable well, or vnwilling on such tearmes to part with; the losse whereof in that regard may either disable him to the doing of other necessarie duties, or distemper him and so make him guilty of sinne in Gods sight; or to ioyne with others needlesly in such an act, much more to draw them in and incite them there­unto, whom he knoweth not vpon good presum­ptions [Page 110] to bee both able and willing; by meanes whereof they may be occasioned to sinne in the same sort; especially in such an action as he cannot but see to be so carried that many abuses are com­mitted in it, and occasion giuen by it of much euill; I cannot see how a man should be free from sin in so doing; neither can I conceiue with what comfort of conscience a man can receiue or retaine what a Lot in such a case shall cast vpon him, comming in all likelihood in part out of the purses of those, as either are altogether vnable to part well with such summes, but haue strained themselues thereunto out of a greedy desire and hope of lucre and gaine; or being vnwilling to loose and to part with what they put in, doe in that regard wretchedly curse and blaspheame Gods name for the losse of it. Nonfaci [...] addu­cor licitum consen­tire, quod tot par­turit illicita. Bern. de consider. lib. 3. Which occasions of euill being seene or foreseene, cannot but make such Loteries vnlawfull to all those that partake in them, in regard of the inconueniencie, and inexpediencie that is in them. The more able therefore and willing a man may be to sustaine such losse as by Lot may befall him, the lawfuller the Lot is. And the better knowne they are to be such whom a man dealeth with in matter of Lot, espe­cially where the occasion is rather voluntary then necessary, the more warrantable is the Lot.

To conclude briefly the grounds of this twofold caution: the euent of Lot is casuall: but the doing of Gods wil in the auoiding of things euil either in thē ­selues or by consequence is necessarie: and therfore no sit matter to be put to the casuall euent of a Lot. Againe the vse of a Lot is to determine some que­stion [Page 111] or doubt: but no question ought to be made or doubt to be moued, of the committing of any morall euill, or the omitting of any necessary good duty, of the doing what God forbiddeth, or the not doing what he enioyneth: no Lot therefore may lawfully be vsed about such. Lastly what a man may not doe though a Lot should determine it, that it is in vaine to put to the determination of a Lot: but Nihil inhomestū promit [...]as: quin si­quid promiseris, to­lerabilius est pro­missum non facere, quem facere quod turpe sit. Ambr. offic. l. 3. c. 12. Tolerabilius talisa­cramento periuriū. Ibid. Iurauit Da­uid temerè, sed non impleuit inrationē maiore peitate. 1 Sam. 25.32. Aug. de diuers. Serm. 11. for an oath, to obserue it, a man may not doe euill; much lesse for a Lot: such things therefore may not be put thereunto.

Whereas therefore all morall actions are of three kindes in relation to Gods law, Praecepta, prohi­bita, permissa. some simply en­ioyned, as are all necessarie duties, some simply in­hibited as are all morall euills, some freely permit­ted and left to our choise, as are all actions indiffe­rent: the rule here is that a Lot hath his lawfull vse [...]. Chrysipp. offic. l. 6. apud Plut. de Stoic. contrar. Sors enim est. res incer­tissima, qua res graues quaelibet [...] possunt definiri. Baro. in Ion. c. 1. in indifferent things onely, such as may without either offence or inconuenience be done or left vn­done. In regard whereof the greater the indifferen­cie is in the euent of it which way soeuer it fall out, the more lawfull the Lot is: and so (contrary to that which is commonly deliuered and almost gene­rally receiued,) the lesse weighty the matter is wherein a Lot is vsed, the lawfuller the Lot is.

§ 8. Now these Cautions were concerning the matter wherein Lots are vsed: there follow two o­ther concerning the manner how they are to be vsed in such matters.

Where the former Caueat or Caution is that a man be willing to forgo and part with what he put­teth to the hazard of a Lot: as before for the matter [Page 112] it selfe, that it be such as he may be willing to part withall: (for that a man may be willing sometime to part with, what he may not lawfully part with) so now for the disposition of the partie in such an action, that he be willing', if it shall so fall out, to sustaine some losse, and so much losse, as may befall him by the Lot. The reason is euident: because otherwise a man doth that vnaduisedly that may af­terward discontent him, and be an occasion of sin to him. Againe that which is put to the hazard of a Lot is in a manner forgone, so farre forth, as it is put thereunto. A man ought therefore to be willing to forgo that, if the Lot shall put it from him, which he is content to cast vpon the Lot, which may put it from him.

But here may some say, Is a man then bound to be willing to depart with his knowne right, because he may in some cases commit it to such hazard? or may hee not in such case lawfully desire to ob­taine it?

I answere: As 1. Cor. 6.7. a man is bound not absolutely but conditionally to depart with his right, when a greater euill may ensue vpon the recouery of it by such meanes as he hath onely to recouer the same by, though he may lawfully otherwise desire to ob­taine it: so in this case where a man is willing rather to loose it, then to seeke it by other courses, and as willing to put it to the hazard of a Lot as to loose it, (for else were it a folly for him to put it thereunto) he ought to be no lesse willing, hauing yeelded so farre, to part with it, when it shall be so past; how­soeuer he might otherwise not vnlawfully desire, [Page 113] what he might lawfully retaine, if with conuenien­cie it might be had.

The rule then here is that no man put that to the hazard of a Lot, which he could not be willing to forgo vpon the like tearmes without it.

§ 9. The last Caution is that no Intentio non sit inquirere volunta­t [...]m Dei modo ex­traordinario; quia talum dus [...]mni [...] è est incertus. Delrio disq. mag. tom. 3. l 4. c. 4. q. 1. speciall or immediate decision, no extraordinarie worke bee expected from God for the directing of the Lots in a certaine course: nor ought concluded to that pur­pose out of the euent of them. For Peccatum est tē ­tationis Dei exp [...]te­re a [...]que exp [...]ctare à Deo vt ipse sortes dirigat, quando ip­se id se facturam non promisit. Bel­larm. decler. l. 1. c. 5 to expect any such thing is to presume of more then God hath promised: seeing that Sortibus affu [...]u­rum se minimié re­promisit. Delrio. mag tom. 3. l. 4. c. 4. q. 1. he hath no where promised any speciall prouidence in such cases, to doe men right by such meanes, to iustifie their quarrels, to direct the Lot as the equitie of the cause shall re­quire, or to interpose himselfe and his prouidence in such courses otherwise then in any other of our actions, be they casuall, contingent or necessarie. And therefore to put ought to hazard with expe­ctation of such an act of Gods prouidence is to pre­sume of that which God hath not promised: (that wherein many of the Heathens Loteries were not free from some fault) to make triall of it is to tempt God; I meane, to put ought to the hazard of a Lot to this end, thereby to trie whether God will in such speciall manner interpose himselfe for our benefit, the recouery of our right, or the clearing of our cause; that is in effect, whether he will extraordina­rily worke for vs at our will. Which therefore as to presume or expect before hand without good ground is hardly religious; so to conclude ought to that purpose afterward from the issue and e­uent [Page 114] of it, is vndoubtedly superstitious.

In Lots therefore of this nature, Contingit aliquē diuisoria sorte vti, non quasi requirat diuinum iudicium, sed quasi commit­tat fortunae. Thom. desort. c. 5. & Ly­ra in Prou. c. 16. the thing hazar­ded must be put wholy to Iudice fortuna cadat alea. Petron. satir. Fortuna sit optionis iudex. Cod. Iust. l. 2. tit. 20. & lib. 6. c. 43. leg. 3. the casuall or vncertaine euent of the Lot in regard of the act of the Crea­ture, though Visatur Malder. de superstit. c. 7. dub. 9. not excluding the prouidence of God from the action, no more then from other ciuill af­faires managed by counsell and aduice; (which he may also, if the thing be weightie, be intreated by praier to interpose, but so farre forth onely as hee shall see fit) yet Minus ergo soli­dum quod Plato de leg l. 6. [...]. Sed & quod Aug. Epist. 180. Qui maneāt, qui fugiant sorte le­genda, &c. quia Deus melius in hu­iusmodi ambagibꝰ, quám homines iu­dicat. Sed & quae Delrio l. 4. c. 2 q. 3. § 1. contra suam ipsius alibi senten­tians. & Peuc [...]r. de diuinat. c. de s [...]rt. & Tolet. in sum. cas. consc. l. 4. c. 15. & Piscat. ad I [...]n. c. 1. not expecting any extraordinarie or immediate hand of God for the cariage of it so as in right it ought to go, or as is best that it should go: because neither doe we know how farre forth God seeth it fit to interpose his prouidence therein, neither hath he left vs any promise in his word ge­nerall or speciall, that he wil immediatly at any time or vpon any occasion enterpose it in that manner. In diuision therefore of Lands made as equall as may be with conueniencie, yet so as there is still some apparent inequalitie, in regard that the things cannot well otherwise be parted, for a man because in equitie he hath right to the best part, as the eldest in an inheritance that goeth equally among all, to expect an extraordinarie hand of God for the dispo­sing of it according to the right as in equitie it ought to go, is vnwarrantable.

As also to conclude, when two stand for a place, that the one is fitter and more sufficient for it then the other, because the question betweene them be­ing put to Lot, the Lot lighted on him, as if God by that euent had giuen sentence on his side, is no lesse vnwarrantable.

[Page 115]§ 10. The rules then here are first, that Lots de­termine no right: and that Non vt per cam decernatur quid in rerū diuisione ma­gis expediat [...] sed vt quod ratione diffiniri non potest, saltem fortunae re­linquatur. Thom. de sort. c. 4. Lots consequently are to be vsed in these cases not for matter of right, but for matter of fact onely, and that not of fact past, but of fact future alone; not In causis iudici­alibus aut crimina­libus vti non licet. Baro in Ien. cap. 1. Nam quod hus trae­hunt Chytr. in Iud. c. 1. & Lauat. in Prou. c. 16. Iudices ita missis in vrnam calculis ferre solitos sententiam, vt albis absoluerent, atris damnarent, &c. ni­hil quicquam ad sortem pertinet: im­mit [...]ebant enim su­um quisque calcu­lum qualem ipsi vi­sum, non casu for­tuito catrahebant. to decide who hath best right to the better part, or who is fittest for the place, but to determine which of them shall haue it and enioy it, or shall go away with it. Else we make it not an ordinarie but an extraordinarie, not a meere diuisory but a diuinatory Lot, a Lot for diuination, not a Lot onely for diuision, which, as we shall shew afterward, is vtterly vnlawfull.

And whereas in tearmes the ciuill Lawiers seeme to say the contrarie, where they say that Inte [...]lige quando est questio [...]uris: secus si facti: quiae tunc non commit­titur sorti. Gloss. ad Digest. lib. 5. tit. 1. leg. 14. Imol. & Ias apud Gomez ad Taur leg. 38. Lots are to be vsed not in question of Fact, but in question of Right: yet in sense they accord with that which we here say, the Lawyers meaning being this alone, that Lots are not to be vsed in question of Si factum in­certum est, dicenti incumbit probatio. Panorm. ad 5. de­cretal. de sortileg. In facti incertitudine, satius est [...] prounciare, non liquere, quàm sorti rem commit: ere. Greg. Tholoss. de appell. l. 2. c. 19. Fact past, where the question is whether a thing be done or not done; for that is no ordinarie Lot able to de­cide; but where some question is who hath right to a thing, in which case notwithstanding the Lot is not vsed to determine who in truth hath right to it, but who for peace and quietnesse sake shall enioy it, where the right cannot be determined, or who shall haue possession of it, till the right be determined.

Secondly, that no censure of right or wrong bee grounded vpon Lots: as that no extraordinarie power or prouidence be expected, so nothing to that purpose vpon the euent of it be concluded, as [Page 116] if it ought to haue beene or gone so, or it was Gods approuing will that it should be so, because so it hath falne out.

But doth not the worke it selfe, may some say, manifest Gods will? I answere; there is a twofold will of God, a disposing will, and a directing will; a will enforming and a will ouer-ruling: a will pre­scribing what should be, and a will preordaining what shall be. Non fit aliquid, nisi omniposens fieri velit, vel sinendo, vel ipse faciendo. Aug. enchir. c. 95. When ought therefore is falne out be it good or bad, it is apparent indeed that it was Gods will either to performe it or to permit it. For Rom 9.19. Matth. 10.29. nothing can possibly come to passe either without or against his will. But that it ought in right to haue beene so, cannot thence be concluded. Else might we conclude that the Iewes ought to haue crucified Christ, because God suffred them so to doe, yea Act. 2.23. & 4.28. he preordained the doing of it. In this case therefore where the matter is put to a Lot by those in whose power it is so to dispose of it, it may be truely said, that it was Gods will, to wit, his disposing will, that the Lot should go as it hath gone: But it is no con­sequent therefore, that according to Gods directing or enforming will, it ought in regard of right so to haue gone as it hath.

CHAP. VI. Of ordinarie Lots Lusorious; and of the lawfulnesse of them.

§ 1. HItherto we haue considered of the for­mer sort of Ordinary Lots, which wee tearmed Serious because applied to the determining of more serious affaires. We are now to proceede vnto the latter sort of them, which some tearme Perki [...]s of witchcraft. Sporting, some Lastie storie of Gospell: Sors ludicra. Ludicrous, some Serar in I [...]sh. c 7. q. 17. Lusorious Lots; and are such as be vsed in game, sport or pa­stime, for recreation and delight. Within which compasse I shall make bold to draw in those so­lemne games, Athl [...]tas artem ludicram non face­re. Vlpianus ex re­sponsis Sabini & Cossi [...] apud Alex. ab Al [...]genial. di [...]r. l. 3. c. 9. if we may so tearme them, Ludi O [...]ympici, &c. Sic Quid. met. l. 1. Instituit sacros celebri certamine ludos. Et Auson. e [...]log. Quatuor an­tiquos celebrauit Achaia ludos. Quod Arc [...]isas in Antholog. l. 3 c. 1. [...].- so com­monly stiled, though indeed rather exercises of va­lour, strength and actiuitie, or trials of arte and skill and dexteritie in some facultie, which were so fa­mous and frequent of auncient times both in Greece and Italy, but especially among the Greekes.

In or about Game therefore is a Lot said to be v­sed, when either the ioyning and beginning, or the issue and euent of it is put to some casualty either in whole or in part.

So that the kindes and courses here vsed are di­uers. For sometime the ioyning or beginning of a game or sport onely is put to a Lot: As when by it is determined who shall play and who stay out, or who shall ioyne on a side: which in shooting is done vsually by shuffling of arrowes together behinde [Page 118] some one mans backe, and then casting them a­side the one halfe one way and the other halfe an other way; in bowling by casting a cer­taine number of boules belonging to seuerall men out of one mans armes at once, and those mating whose bowles meete neerest together: Or of the two sides whether shall leade and be­ginne; which at Tables is decided commonly by the casting of most points; in Ches-play by tur­ning a pawne on the bord according to the co­lour of the square or quarter that it staieth or resteth vpon, or by the ones guessing at two pawnes hidde in the others two hands. Hellanodicae Eli­de [...] ( [...]a reponit Sylburg. quod vulgo perp [...] ­ram [...]) [...]. Pausan. Eliac. 2. Et ibid. [...]. Hinc Pol­lu [...]il. 3. c. 30. §. 4. [...]. Et [...]: vt Eu­stath. ad Iliad. [...]. quod melius tamen Etymol. [...]. Sed & Palaestram [...]. Pe­tr. Fab. ag [...]n. l. 1. c. 24 deducit quod verius [...]. Etymol. Fa­cit huc quod Plutarch. de tranquill. [...] &c. Et quod Gellius n [...]ct. Attic lib. 5. cap. 9. de Athleta muto, qui cùm sortitionem non bona fide fieri, sortemque nomi [...]is falsam subijci animaduertisset, in vocem n [...]nquam prius locutus erupit. Et quod ex Aristot. Rhetor. lib. 2. cap. 20. super cap. 5 § 5. Thus at those famous Olympicke games the wrestlers and Combatants were conioyned by paires (as the Runners and Riders by foures, or more) O [...] [...], &c. [...]. Lu­cian. Hermotin. siue de sectis. as they drew the like letters, and tooke their turnes accor­ding to the order of those letters, [...]. Lucian. ibid. Hine [...] dicti, Pollux l. 3. c. 30. §. 4. De quibus Plin. Sec. ep. 14. lib. 8. In spectaculis quibusdam sors aliquem se [...]onit ac seruat, qui cum victor [...] contendat. Huc allusisse Pau [...]um 1. Cor. 4 9. Scalig. putat ad Manil. Allusit certè credo Christus Apoc. 3.11. the odde man, if any were, vndertaking him that had the better of that paire that fought last. Thus as there, so else­where [Page 119] also [...]. Pausan. Eliac 2 Sic [...] &c. Et S [...] ­pho [...]l. Electr. [...]. - Sed & Stat. Theb. 6. Et iam sortitus Pro­teus versarat ahe­na Casside: iamque locus cuique est, & liminis ordo. at Charet-driuings and Horse-races, as also at [...]. Pausan. Elia [...]. 2. [...]. De Theagene Heli [...]dor. Aeth. l. 4. running or Prima pares ineunt gra [...]ibus certamin [...] remis, Quat [...]er ex omni delectae classe carinae. (Sig [...]oque designato) Tum loca sorte legunt. - Virg. Aen. l. 5. rowing for wagers and the like, the Contendents had their stations or standings assigned them likewise by Lot: yea and, as Pe­ [...]r. Faber agonist. l. 1. c. 24. ex illis Apo [...]o [...]. Argon. 2. [...]. some guesse, the Combatants also their weapons. Be­side that in Conuenere viri (colum [...]ā peti­turi) deiectamque area sortem Ac [...]epit galeae: & primus - ante emnes exi [...] locꝰ Hippo [...]oentis. Virg. Ae [...]. 5. shooting and Nomensuum in alb [...] pro [...]tentium [...]itb [...]raedorum iu [...]it adscribi, sorticul [...]que in vrnam cum caeteris demissa, intrauit ordine suo. Suct. Nerone c. 21. Hi [...]c Ouid. Metam. 5. Tunc sine sorte prior, quae se certare professa est, Bella ca [...]it super [...]m. - [...] &c. Nonmus Dionys. l. 19. de musico certamine. Et Lucian. [...] &c. [...], &c. Vise & Aristidem de Rhetor. ad Platon. singing or playing and the like, where two at once could not shew their skill, they had their turnes and courses determined by Lot. And [...] Dim [...]sth. in Midiam. [...]. Ibid. [...]. Antipho de Choreuta. the Masters of the Reuels at Athens had the Minstrels of the City by Lot shared among them. And if in any of these exercises it were am­biguous who had done best, or who indeede had won the wager, two, it may be, Hinc Chrysippi disceptatio in lib. [...], cui [...] meminit Plut. in Stoi [...]. contradict. at once comming home to the gole, or the like, [...]. malè vulgò [...]. it was (it seemeth) in the power of the Triers either to part it betweene them or to put it to Lot whether of the two should haue the prize due to the Victor.

Againe in lesser yet and lighter matters, when in priuate they were disposed to be merry together, [Page 120] they drew Lots sometime Now draweth [...]ots, or that yee further t [...]n: The which that hath the shortest shall begin. Chaucer. Canterb. tales. who should tell his tale first, or Quicaenulam or­dine suo curabat, praemium soluen lae q [...]aes [...]i [...]nis pon [...]bat, [...]otiaem (que) res quae­reb [...]t, quot homines isthic eramus; quumque eas omnes exposuerat, locum [...]icendi sors dabat: quaestio autem non soluta ad cū trans­mittebatur qui sor­t [...]ò succ [...]sserat. Gellius nect. Attic. lib. 18. c. 2 who should first reade the riddle or assoile some question propounded with a reward for him that could reade it aright, or [...]. Plutar. sympos. l. 9. c. 3. who appose either o­ther in some schoole-question, or the like.

And lastly as in their merry meetings they In conuiuijs qui sunt institu [...]i p [...]tandi (malè vulgò, putandi) Modiperatores Magist [...]i. Varro rerum human. l. 20. apud Nonium. [...] Graecis: de quibus Plutarch sympos. l. 1 q. 4. drew Lots commonly Hinc Agesilaus [...] interrogatus à ministris quantum vini singulu assignare [...], [...], inquit, [...]. Plut. apophth. for some one of the Company to be Master or Moderator of their mirth: not alto­gether vnlike the custome of chusing King and Queene vsed in many Countries at some speciall times, saue that they did it vsually Nec viniregus sorti [...]re talis. Hor. car. l. 1. od. 4. Et ib -quē Venus arbit [...]ū Dicet bibendi.-i. iactꝰ Venereꝰ, [...] Cicer. de diuin. l. 1. with dice or the like, Eti. [...] hodie in Epiphanijs rex conui [...]ij fabis de. igitur. Er [...]s chil 6. cent. 4. a [...]a. 37. Apud Gallos in Epiph regessortiuntur. S [...]rar in I [...]sh c. 7 q. [...]7. these with a beane and a pease, the former whereof they vsed in choise of their Magistrates: So the younger sort had [...]. P [...]llux l 9. c. 7. Fest [...]s Saturno di [...]bus inter alia aequalium ludi [...]ra, regnū lusu s [...]rti [...]ntium, ene [...]erat [...]a sors Neroni. T [...]e annal. l. 13. [...]. Arrian. Epict. l. 1. c 25. Et Lucian, in Saturnal. [...], &c. a sport of chusing them a King by Lot, who was to enioyne the rest what he would, and they to doe what he enioyned them; in which kinde as Cyrus puer rex inter ludentes sor [...] delectus, &c. In­st in. hist. l. 1. Cyrus his cariage though a child and in a childish sport, yet discouered in him a kingly spirit and courage, so [...], &c. quod conspi­catus Alexander [...], Athana­si [...] diligen [...]ius educand [...] curauit. ex R [...]fino Socr. hist. l. 1. c. 15. & Aldhelm de land. Virg. c. 16. Athanasius his acting [Page 121] of a Byshop among Boyes like himselfe in the like, is reported to haue giuen a graue Byshop that beheld it good hope, that he would indeede proue that, which afterward he did, succeeding him in his Sea.

§ 2. Now in these cases a Lot is vsed though a­bout game, yet rather out of it then in it, onely to make a beginning and entrance into it: But other­whiles it is vsed for the directing of the game it selfe and the issue of it either in part or in whole.

In part onely, as in those games, wherein beside the Lot, arte and industrie is required for the further managing of that which hath thereby been allotted: as in many games at Cards and Tables, wherein a Lot is indeede vsed for the distributing of the Cards amongst the Gamsters, and in assigning each of them his chance, thereby ministring vnto them matter further to worke on; but there is arte and skil beside that to be imployed by them for the managing of their game, and for the working vpon that which casualty hath cast on them. Which kind of game that it was not either vnknowne vnto, or vnusuall among the auncients, beside [...]. Eustath. Odys. [...]. Et tamen [...]. Hesych. Vnde [...] Crateti dictum. Pollux l. 7. c. 33. § 10. Et [...]. Ibid. Vndè [...] Sophocli: Et [...] Pro­uerbio celebris. Idē l 9. c. 7. other eui­dences, hereby appeareth, in that [...]. Plutar. ad Apollon. c [...]nsol. [...]. Idem de tranquill. Ita vita est hominum, quasi cùm Iudas tesseris, Si illud quod est maxumè opus i [...]ctu non cadit, Illud quod cecidit fortè, id arte vt c [...]rrig [...]s. Terent. Adelph act. 4. scen. 7. Et Ouidius art. amand. lib. 3. Sed minimus lab [...]r est sapienter iactibus vti: Maius opus mores composuisse suos. they many times compare mans life to such games, wherein a man cannot make choise of his owne chaunce, but yet [Page 122] by arte and skill is to make the best vse hee can of that which doth casually befall him.

In whole, where the Lot absolutely determineth the issue, as not onely in diuers games both [...] ad q [...]ā Paulus allusit E­phes. 4.14. d [...] qua Cic. de diuin. 2. In talis tesserisque te­meritas & casus, non ratio nec consi­lium valet. Itaque Hesych. [...]. at dice and cards wherein nothing is further looked after but the fall of the dice, either [...]. Pollux l. 9. c. 7. who throweth most or whose chance commeth first, and [...] Pollux ibid. the goodnesse or the fitnesse, as it is accounted, of the chance, or of the cards; but in sundry other sports also, not vnknowne wholy to the auncient, as, beside that Micatione cer­tant Hymenaus & Amor apud Non­num Dionys. l. 33. Mication or Shifting of fingers which wee spake of before, Falkenberg. ad Nonn. vsed much still in Italy as well in sport as otherwise, in diuers other childish pastimes as [...]. Eu­stath. Odyss. [...]. Pollux l. 9. c 7. quem vise. Non mea magnanimo depugnat tessera tal [...]. Mar [...]. l. 13. epist. 1. Cùm steterit nullus vultu tibi talus codem, Munera me dices magna dediss [...] tibi. Idem lib. 14. epigr. 15. &c. Cockall, [...]. Aristoph. in Plut. & Di [...]n. Chrysos [...]. [...]rat. 26. [...]. Aristot. de diuinat. per insom. Et in Rhetor. cap. 3. [...], &c. Ludere par impar.- Horat. serm lib. 2. sat. 3. & Suet. Aug. cap. 71. [...]. Schol. Aristoph. [...]. Pollux lib. 7. cap. 33. §. 10. [...]. Idem lib. 9. cap. 7. Hinc Mart. lib. 14. epigr. 18. Alea parua nuces.- Et Ouid. [...]uce: Est etiam, par sit numerus qui dic [...]t, an impar; Vt diuinatas auferat augur opes. [...]. Plut. sympos. l. 9. probl. 12. Euen and Odde, Heads and Points, I [...]a fuisse signatum as bodi [...]que intelligitur in [...]leae [...]usu, cùm pueri denarios in sublime iactantes, capita aut nauia, l [...]su teste vetustatis, excla [...]mant. Macrob. Sat. l. 1. c. 7. Non absimilis [...]. P [...]llux lib. 9. cap. 7. Vise Erasm. chil. 2. cent. 1. adag. 51. Crosse and Pile, and the like, the most whereof we finde either wholy the same or very neere the same to haue beene aunciently vsed.

To which kinde of Lot-sports or Lot-games (which shall be the last, and so I leaue them) may their Sortes c [...]nui [...]ales. Lamprid. Heliog. Banquet-loteries be added, which we finde two sorts of, some free, some set to sale, and both [Page 123] containing either matter of free gift, or matter of charge and expence, or mixt matter of either. For so we reade that Suet. Aug. c. 75 Augustus vsed Saturnalibꝰ, & siquando aliàs li­buisset. on some Festiuals and at other times by Lot to distribute certaine gifts among his guests, some of worth and value, as gold, siluer, and garments, and coines of all sorts foraine, auncient, and others; and some againe meere toies and triffles, as Cilicia, spongias, rutabula, forpices. heire-clothes, and spunges, and pinsers, or scissers and the like, with merry Poesies vpon them Titulis obscuris & ambiguis. of doubtfull and double sense, seeming to glaunce at and nip them to whose Lot they were falne. So likewise that monster of men Lamprid. Helio­gab. Helioga­balus, a second Nero, vsed to propound to whom he pleased, both in publike and priuate, certaine mixt Lots, some matter of gift, some matter of charge, of such extreame inequality, that some were neither mended nor impaired at all, but mocked onely, Vt verè sortes es­sent, & fata te [...] ­tarentur. some were made, as we say, and some vt­terly vndone by them: for some according to that they drew were to pay in and lay downe, either a pound of beefe, or a dead dog, or ten flies, or ten fleas, or ten beares, or ten camels, or so many pounds of leade, or as many of siluer, or gold, &c. And others againe were to receiue the like, as their Lot came: which made many rich that were poore before, and others as poore that were rich before: the monster delighting in nothing more then in the mischiefe and miseries of many. And these Lots were sometimes either written or painted In cochlearibus. Lamprid. on their spoones, as we haue commonly on fruite-trenchers painted emblemes and poe [...]ies, that sometime wee vse to make sport withall somewhat after that man­ner. [Page 122] [...] [Page 123] [...] [Page 124] Againe sometime were such Lots as these in mirth set to sale: for Su [...]t. Aug. c. 75. Solebat & maequa­lissimarum rerum sortes & aduersas tabularum pictu­ras in conuiuio vē ­ditare; incert [...]que casu spem mercan­tium vel frustrari vel implere. so vsed Augustus to doe some­time with his Lots; as also with pictures shewing the backside of them onely; in merriment pro­pounding them to thoe fthat were at bord with him, that none might come in but vpon a price to draw in the one, and he that would at aduenture bid most, should haue the other. Not altogether vnlike to Loteria in Euro­pa frequens, quam vulgo la riffe, alij ludum ollae vocan [...]. Delri [...] mag. disqu. tom. 2. l. 4. c 4. q. 2. our riflings and Loteries, wherein a certaine number or so many as will venture their money are admitted to cast dice or to draw Lots for some prize or prizes propounded; concerning which kinde of Loteries the Ciuill Lawyers and others are diuided in iudgement; Fr. Garcias de cō ­tract. l. 3. c. 20. Lud. Lopez de con­tr. l. 2. c. 23. & Io­an. Briart. quodli­bet. 5. quos sequi­tur D [...]lrio. some referring them to the head of serious diuisory Lots, as containing a twofold virtuall contract, the one of bargaine and sale be­tweene all the aduenturers ioyntly and the owner or owners of the prize or prizes that they are to draw for, as making sale thereof vnto them for such a summe as all their aduentures put together a­mount vnto; and another of society or fellowship betweene the Aduenturers among themselues, a­greeing to draw Lots or cast dice for that which in common they haue so bought:Venditio sine re intelligitur, cum quasi alea emitur; quod sit cùm captꝰ p [...]scium vel missiliū emitur, (quae non tam rei quàm) spei emptio est. Pompo [...]. in Dig. l. 18. t 1. l. 8. & t. 4. l. 7. Or, as in running, as they tearme them, and vnlimited Loteries, a sin­gle contract onely of bargaine and sale betweene the Owner and the Aduenturers, not vnlike alto­gether that wherein a Fishermans draught or a Fowlers fortune, or a Merchants aduenture at sea is bought or the like, wherein men buy bare hope alone rather then actually ought else: Con [...]ad. de con­tract. tract. 3 q. 71. concl. 2. Perkins of witchcraft. others bringing them within compasse of vnlawfull games, [Page 125] as indeed, for ought I see, the most of them are little better, Postell de magi­strat. Athen. c. 8. & Perkins of witchcraft. vsed mostly to helpe and releiue either base Spend-thrifts or beggerly Banckrupts. And thus haue we seene in what diuers manner Lots haue been or may be vsed in or about game.

§ 3. Now concerning these games Alea ludꝰ omnis qui p [...]det à casu. Mar [...]yr. in Ind. c. 14. fortunae mag [...]s quàm artis. Erasm. chil. 1. c [...]nt. 4. adag. 32. in quo multum fortunae, p [...]udentiae minimum Ramirez in Mart. of hazard, as they are tearmed, wherein a Lot is thus vsed, and there is therefore a kinde of Lotery in them, there is much question and disputation among the learned: and diuers reuerend and religious passe a peremptory sentence vpon them as altogether vn­lawfull and vnbeseeming good Christians.

Yet among those also that oppugne and oppose them there is diuersitie of opinion. For Concedi p [...]ssun [...] ludi qui partim ca­su, par [...]in industriae nituntur. Martyr. ad Iudic. c. 14. Hi­propriè alea dicinō debent, nec sun [...] omnino pro [...]ibendi. Dan. de alea c 6. quemsequi profite­tur Taffia. de res [...] ­pisc. l 2 c. 19. Dice I vtterly disal­low, Ca [...]ds and Tabl [...]s I con­demne not. Ba­bington on Com­mand. 8. For mixt playes at Cards and Tables, con­sisting partly of hazard, & partly of wit, the cōmon opinion of learned Diuines is, that as they are not to be commended, so they are not simply to be condemned. Perkins Cases of Consc l. 3. c. 4. §. 4. q. 2. some of them allow those games that are carried partly by casualtie and partly by skill, which they suppose not to come within compasse of Lots, condemning those onely that depend wholy vpon casualtie. O­thers of them Fennor of lawfull recreations cap. 4. Balmford dialogue of pames consisting of chaunce. vtterly and absolutely reiect all that haue any spice of Lotery or casualty at all in them. This of those that deale more distinctly in the point: For Ludꝰ taxillatoriꝰ vitio vanitatis non caret. Them de sort. c. 5. Talorū Tabularumqu [...] qu [...]s chartas vocant, lud [...]s, [...] relegamus. Zuingl. de adolesc. form § 3. Alusus est sor [...]is, cùm ad ludu [...] iocumque adhibetur. Cartwr. in Prou. c. 16. Sortes illic [...]ae ad lucrum lus [...]mu [...] ad [...]i­bitae. Piscat. in Io [...]. c. 1. Ludicrous Lots are not beseeming Christians. Eas [...]ie historie of Gospell. diuers others there bee that so glance at them in generall, that it is somewhat vn­certain whether part they concurre with; or Chartarū & sortiū & diuinationis ludi ab auaris & perditis inuenti, non sol [...]m nostr [...] dogmati, sed publicis ve [...]erū moribus vnà cum aleareiecti. V [...]later. comment l. 29 c. 12. Aleam non cognoscere Eutopienses suos. Moru [...] lib. 2. quod & de Iaponilus Gadus quem Grimston transtuli [...]. rather [Page 126] of some of them whether they concurre at all with either, or doe not rather vpon other grounds diuers from theirs, disallow some of these games, not all of them, or not all manner vse of them, as of some other hereafter shall plainely appeare.

But to returne to the two former sorts, it is well obserued by Balmf [...]rd di [...]log. one of the latter ranke of them, that some of the reasons produced by the former for the disallowing of the one kinde, if the grounds be ad­mitted, cannot chuse but condemne both kindes. For if the one be euill and not allowable because they depend vpon Lot and Chance, then the other must likewise be euill and vnwarrantable so far forth as in part also they depend thereupon. And on the other side if those former Authors will avow and iustifie the one, they cannot but secretly withall giue sentence also for the other, since they stand both on the same ground, and are built both on one bo­tome.

For as for that which Non est alea pro­priè dicta. Dan. lud. al c 6. Alea dicitur ludus qui f [...]rtunae so [...]ùm innititur. Angel summ. Mixed games are no Lots. Perkins Cas▪ of Consc. l. 3. c. 4 §. 3. q. 2. some say distinguishing the nature of these games, that the one is Lotery but not the other, or that there is a Lot in the one, but not in the other. It is true indeede, that if wee define a Lot so, as diuers of them doe, to be Sors est modus Deū cōsulendi, &c. Aret. probl. par. 1. Actio humana in hun [...] finem institu­ta, vt ex eius euen­su rem nobis incog­nitam diuini [...]ꝰ ag­noscere possimus. Zanch. des [...]rt. a kinde of consulting with God, and a seeking to be in­formed and directed by him; Iacobus [...]e [...] in [...] l. 3. & B. King in lon. c. 1. lect 9. there is no Lot at all either in the one or in the other. But if we vnder­stand a Lot as it was formerly defined according to the proper, and ordinary signification of it, so there is a Lot as much and as well in the one as in the o­ther, the onely difference is that there is a meere Lot in the one, a mixt Lot in the other, but a true Ars aleatoria & ipsa tota sortil [...]ga est. Agrip. de van. scient. c. 14. Ad sorte [...] reuocatur a­lea, i. ludi qui ab ancipiti casu pen­dent. ex Greg. To­loss. s [...]ntag. l. 39. c. 3. Aerodio l. 3. c. 9. Molina de iu­re & iust. disp. 509. Ser. ad l [...]sh. c. 7. q. 20. Q [...]id est sors? Idem propem [...]dum quod micare, quod talos, quod tesser as iac [...]re. Cic. diuin. l. 2 Lot in either.

[Page 127]For the argument that Perkins Cases of Consc. l. 3. c. 4. § 3. q. 2. a reuerend Writer of ours bringeth to proue the contrary, because in a Lot there are two [...]hings required; first a casuall act, and secondly an applying of that casuall act to the determination of some particular and vncertaine euent; whereas the dealing of the Cards is a casuall act indeed, but the determination of the vncertaine victory is not in mixt games meerely from it, but much or most from the wit and skill or the will of the player: and therefore the dealing of the cards is no more a Lot then the dealing of almes is, when the Princes Almoner putteth his hand into his pocket, and giueth one man six pence, another 12. pence, another two pence, what commeth foorth without further aduice. This argument, I say, is not sound, because it reasoneth from a particular to a generall; The dealing of the Cards is not applied to the determining of this vncertaine euent, to wit, the maine issue of the game or the victory: therefore it is not ap­plied to the determining of any vncertaine euent at all. Which consequence is vnsound; as also the conse­quent is vntrue. For it is manifest that the dealing of the cards is applied to the determining of this vn­certaine euent, what cards or casts each one shall haue to exercise his skill with: and is therefore euen by his owne description a Lot: as is also the dealing of almes in that sort, if it be done for that end, to trie what will casually fall to each ones share by such a course, as well as if it were done by drawing of rushes or cuts, which go commonly for Lots.

For the thing it selfe I hold that these Lusorious Lots, and Games consisting of such are not simply [Page 128] or in that regard euill or vnwarrantable: or in a word, that a Lot vsed in game is not vnlawfull. In which assertion if I shall dissent from some others of religion and learning, whom otherwise I wor­thily respect and imbrace, I desire but to haue my grounds duly viewed and examined, that if they proue firme and sound, the frame built on them may stand, if weake and vnsound, it may fall before the truth, as 1. Sam. 5.4. Dagon did before Gods Arke, my selfe promising to lend an hand with the first to the ouer­turning and razing of what I now reare, if it shall be shewed me to be other then is warrantable by Gods word.

§ 4. The former grounds therefore laid concer­ning the nature of Lots in generall, the reasons that induce me to allow Lots of this kinde as not euill in themselues among others are these.

First, that which may be ordinarily vsed in other ciuill affaires, bee they more weighty or of lesse weight, that may also be vsed for matter of recrea­tion and delight. But a Lot may be ordinarily vsed in other ciuill affaires, as, by the expresse Prou. 18.18. authori­tie of Gods spirit speaking by Salomon, for the en­ding of contentions, and matters in suite or strife, bee they weightier or of lesse weight: For the words in the text are indefinite, neither is there ought to re­straine the ordinary vse of them in that kinde either there or else-where. The word vsed there, though in its originall propriety it signifie [...] si [...]e [...] à [...] vel [...] iudicare. Law-suites, yet in the ordinary Prou. 6 14.19. & 10.12. & 15.18. & 16 28. & 17.14. & 18.19. & 19.12. & 21.9.19. & 22.10. & 23.29. & 25.24. & 26.20.21. & 27.15. & 28.25. & 29.22. vse of it it extendeth it selfe to con­tentions of all kindes. And the practise of Gods peo­ple recorded in Scripture sheweth that euen meane [Page 129] matters haue beene decided and determined vsually by Lot: as in matter of Tithe, though it were not much materiall, which Lambe the Leuite had, so that he had one of ten, two of twenty, &c. yet was it decided Leuit. 27.32. & Iun. in annot. by Lot. It was a matter of no great weight what gate of the Temple such or such Le­uites should waite at; I say not, that it was a meane matter to be a Porter in Gods house, (though Psalm 84 10. [...] ad limen residere. Le [...] Iud. Limen frequē ­tare. Iun. abiectus Vulg. ad locum cō ­munem & ignobi­lem reijci. Calui [...]. be a doore-kee­per. Angl. constāt. Seruus esse perpetu­us, posti affix [...], vt Exod. 21 6. [...]. v [...]lis­sim: conditione ibi agere, [...] quàm alibi liberè a­g [...]ntem c [...]mmorari. Inde enim [...] [...]i er [...]aes. Leyfeild. it seeme to be mentioned as one of the meanest places of imployment there;) but whether company should waite at this gate, and whether at that other gate, (as who should stand at the North doore of the Church, and who at the South, to receiue peo­ples beneuolence, vpon occasion of some collecti­on) was no matter of great moment, and yet was that also decided 1. Paral. 26.13, 14, &c. by Lot. Neither was it greatly materiall which of the Preists offered incense, or which dressed the Lampes, &c. so it were done by some one of them, yet that also went Luk 1.9. by Lot. Since that Lots therefore may lawfully be vsed in other ordinary affaires, Gods word indefinitely warranting it, the same else-where not restraining it, and the practise of the godly carrying it euen to meane matters (for Parum it aque cau [...]è Martyr ad 1. Sam. c. 10. sor­tibus de [...]ignaban­tur Sacerdotia. the offices themselues were not put by them to Lot, but the distribution of par­ticular duties or stations among those of the same office) I see not what should banish them out of our disports, more then out of other our (though serious, yet) ciuill affaires.

§ 5. Secondly, if we consider aright the nature of a Lot, and the great vncertainty of it, wee shall find it fittest for such matters as are of least moment, [Page 130] and Sorsest resinc [...] ­tissima q [...]ares gra­ [...]es quaelibet non [...]ss [...]nt desin [...]ri. Baro [...]n Ion. c. 1 Nō [...]cet v [...]i in causis iudiciali [...]ꝰ aut cri­minalibus, vel in obe [...]ndis neg [...]tijs mer [...]at [...]rijs vet bel­li [...]is. Ibid. N [...]c im­m [...]ri [...]ò notatus à Tiberio S [...]n [...]tor Rom quod vxor [...]m pridiè sorti [...]i [...]e ductam p [...]strid [...]è repud [...]sset. S [...]et. Tiber. c. 35. not fit to be vsed in any weighty affaire. In regard whereof, as those that make vse of it in seri­ous matters, are wont, with all the Caution they can, so to dispose of things before-hand, that it may not be materiall which way the Lot light, or that as little, as may be, be left vnto it: s [...] where it may be materiall and of some consequence whether it go the one way or the other, (I say not now what the iniquitie of others may enforce a man vnto; a lesse inconuenience is allowable for the auoiding of a greater;) there [...] [...] [...]. Plato de leg. l. 6. Vise & quae supra c 5. § 5.6. [...]. S [...]er apud Xe­n [...]ph. [...]. will no wise man willingly put such a matter of weight to the vncertaine hazard of a Lot. That therefore that best sorteth with the nature of a Lot, may a Lot most lawfully be v­sed vnto: but the lightest matters best sort with the nature of a Lot: and therefore about things of that nature may a Lot most lawfully be vsed. Or more particularly for the present busines: A matter of meere indifferency, that is, such as a man may law­fully either doe or not doe, and it is not materiall whether he do or omit, such may a man lawfully put either to the will of an other, or to the hazard of the vncertaine motion of any creature whether he shall doe it or not doe it. But the vsing of a Lot in game (or the vsing of it in any busines, be it seri­ous or lusorious, qualified and cautioned as before) is but the putting of a matter of meere indifferency to the hazard of an vncertaine euent, to wit, who shall ioine or stand out, who shall leade or follow, who shall ouercome or yeeld to the other side &c. which are matters meerely indifferent, such as may without sinne bee either done or forborne, either [Page 131] done the one way or the other. The Vse therefore of a Lot in such cases, and the putting of such mat­ters to the hazard of a Lot is not euill simply in it selfe.

§ 6. Thirdly, if the Vse of Lots in game be of it selfe euill, then must it needes be a sinne either a­gainst Piety in the first Table, or against Charity in the second. For euery morall euill must needes be a [...]. 1. Ioan. 3.4. [...]. R [...]m. 4.15. breach of Gods Law, the whole summe and sub­stance whereof being comprised in those Deut. 10.4 decem verba: fine dec [...]m edi [...]a. Sic enim Est. 3.15. & 4.3. & 8.14. &c. [...] ten E­dicts of those Exod. 31.18. D [...]ut. 9.10. & 10. [...] two Tables, euery breach thereof must of necessitie be brought within compasse of the one of those twaine, and so consequently con­uinced to be a branch either of Impiety against the one, or of Iniquitie against the other.

But the Vse of Lots in game is not in it selfe, or of it selfe a sinne either against Piety, or against Cha­ritie.

To spend time and words in proouing that the vse of a Lot in game as it is a Lot, is not against Charitie, as that it is no breach of Charity for men to draw Cuts or cast Arrowes, who shall boule or shoote first, were both superfluous and ridiculous; superfluous, because it were to proue what no man denieth; ridiculous, because it were to confute what no wise man wil avow. And yet to charge a lusorious Lot with Impietie, hath as little ground as the other.

For the manifesting here of let thus much be con­sidered, that all Impiety may be referred to these Ezech 22.4.26. two heads, either the prophaning of hallowed things, or the hallowing of things prophane: since it cannot be imagined how any impiety should be [Page 132] committed but either by denying holy things their due respect, or by giuing the same where it is not due. But lusorious Lots are not of themselues guil­ty in either of these kindes. In the latter kinde euen their greatest aduersaries will cleare them, there be­ing no colour to charge them with the hallowing of ought that is not otherwise holy. And in the former kinde they may be cleared also by the grounds of Gods Law, to wit, from the pro­phaning of ought that is holy. For the thing vsed in them is a Lot: and nothing can bee prophaned by them but what is vsed in them: (by Lots, I meane simply as they are Lots, for to make Lots of holy things, as of parcels of Scripture, or of the Ele­ments consecrate in the Sacrament, &c. is not any thing concerning the nature of a Lot, but an abuse cleauing to it in some particular mens practise of it, and such as is to be seuered therefore in this our discourse from it.) But a Lot is no holy thing, ei­ther of it selfe and in it owne nature, or by vertue of any diuine institution. For of these two sorts are all holy things whatsoeuer, either they are holy of themselues and in their owne nature, as I [...]sh. 24.19. Esai 6.3. Psal. 99.5.9. God him­selfe, and Psal. 111.9 & 99.3. his titles and attributes are, or else they come to be such, whereas in their owne nature they are not, by meanes of some speciall diuine instituti­on sanctifying and seuering them to some holy vse, as Num. 4.5.15. & 7.89. Leuit. 16.2. the Arke, Exod. 29.42, 43, 44. & 30.25, 26, 29. the Tabernacle, Psal 5.7. & 11.4. & 65.4. & 68.5 the Temple, Gen. 2.3. Exod. 20.8, 11. & 31.13, 14, 15, 16, 17. the 7. day of the world before Christ, and Apoc. 1.10. Act. 20.7. 1. Cor. 6.2. the first day of the weeke since Christ. Now in neither of these respects can a Lot be said to be holy, not of it selfe, or in it owne nature, for it is nothing else but any [Page 133] casuall euent applied to the determining or deciding of some doubt: Where the matter of it, a meere casualtie, as it is a casualtie hauing no holinesse at all in it of it selfe (for Quod conuenit [...]ali, quatenus, tale, conu [...]nit omni tal [...]. then should all casualties in like manner be such) can much lesse gaine or pro­cure any holinesse to it selfe by any mans applicati­on of it to any end whatsoeuer, much lesse by the applying of it to a prophane or common end, be it more or lesse weightie.

Neither is a Lot holy by any diuine institution; since euery such institution must haue warrant from some word; and there cannot be produced any word of institution whereby Lots are specially san­ctified and set apart to such vses as may bring them within the compasse of things holy and sacred. If any particular Lots haue at sometime beene so vsed, that can no more impart holinesse to all Lots in ge­nerall, then the religious vse of Iob. 2.26.31. Ephes. 5.26. water in Baptisme, yea in the Matth. 3.16. Luk. 3.21. Baptisme of our SAVIOVR, and the sacred vse of Matth 1. Cor. 11.23, 24, 25, 26, 27. bread and wine in the Lords supper can Vi [...]e Casau [...]. ad Baron. annal. ann. 31. num. 19. contra Chrysost. [...]mil. de bapt. Chr. & Iacob. de Vitria [...]. c. 54. make all water or all bread and wine in gene­rall to be holy, and so consequently debarre men of the ordinarie and common vse of those creatures either for the necessity of nature or for lawfull delight.

Those therefore are amisse that allow Lots in game, and yet adde for a Caution, that great reue­rence and religionsnesse be vsed in the action; in regard that Sancta sanctè. Holy things must be done in holy manner. For if Lots in generall euen ciuill as well as sacred be holy things, they may in no case with no Caution bee made matter of sport and pastime, or of gamesome [Page 134] recreation; nor can the light vse of them be so cor­rected and qualified, but that it will haue deadly poyson euen in the heart and pith of it, not adhe­ring or cleauing vnto the barke or outside of it only. But ciuill Lots are not such; and therefore the lu­sorious vse of them is not the prophaning of any holy thing. And if neither the vnhallowing of any thing hallowed, nor the hallowing of any thing vn­hallowed, then can it not be brought within com­passe of impiety or sinne against the first Table. And if it be cleared from all sinne against the first Table, and be not charged by any with any sinne a­gainst the second Table; it must needes rest dischar­ged of all sinne in generall, and consequently be iustified as agreeable to Gods word.

§ 7. A fourth argument may be taken from the benefit of Christian liberty, by vertue whereof eue­ry Christian man hath Libertatis Chri­stianae pars [...] a vt nulla rerum ex [...]er­narum per se [...]ndif­ferentium religione coram Deo tene [...] ­mur, quiu [...]as n [...]nc vsurpare, nunc o­mittere indifferen­ter l [...]eat: huius cognitto si aberit, nulla conscientijs nostris qui [...]s, nullus superstitionum fu­t [...]rus est fi [...]is: co d [...]mumv nietur, v [...] super festucā trans­uers. mincedere ne­fas ducatur. Ca [...]uin. instit. l 3. c. 19 § 7. a free vse of all Gods good creatures to imploy them vnto such purposes as by any Ipsae naturales rerum d [...]tes satis demonstrant, quor­sum & quate [...] us fruiliceat. Ibid. c. 10. § 2. naturall power they are enabled vnto, within the boundes aboue mentioned. But in these ordina­rie ciuill and diuisorie Lots be they serious or luso­rious, the creature is vsed to no other end or vse, but what it hath a naturall power vnto, and Sortilus vti licet in rebus p [...]testati nostrae subditis. K [...]akeuitz in Ion. c 1. such as by the mutuall consent and agreement of those that vse it, it may be enabled to effect. For it is in the naturall power of the creature vsed to moo [...]e or to be moued diuersly, and vncertainely in regard of those that make vse of it: and it is further in the power of it by their mutuall agreement to deter­mine such matters as are ordinarily wont to be de­termined thereby. Which therefore Sors non [...]st mala nisi ex admixta ir­religi [...]sitate [...]ut in­ius [...]ttia au [...] impru­dentia. Cai [...] sum. vit. so long as [Page 135] the vse of it is kept otherwise free from superstition and impiety, or from iniustice and dishonesty, ought no more to be exiled from a Christian mans recrea­tions, then any other creature or ordinance what­soeuer that hath any naturall power to delight and giue contentment in that kinde.

§ 8. A fift argument may be drawne is conc [...]ss [...]s. from the groundes and Graunts euen of those that oppose in this point; and may be framed on this wise. Any thing indifferent is lawfull matter of recreation: But Lotery is a thing Videtur sortium vsus inter adiapho­ [...]a constitui. Gr [...]g. Tol [...]s. syntagm. lib. 34. c. 5. indifferent: Lotery there­fore may be made lawfull matter of disport. The proposition is confirmed by their definition of re­creation, to wit, F [...]un [...]r of re­creat. rules spec. § 1. Christian recreation is the exercise of something indifferent for the necessarie refreshing of body or minde.

The assumption, namely, that Lotery is a thing in it owne nature indifferent, is thus proued likewise by their definition of things in nature indifferent. Idem ibid. § 2. rule 1. In­different in nature is that which is leaf [...] free, so as we [...] are not simplie commaunded or forbidden to vse it, but as we shall finde it in Christian wisedome beneficiall or hurtfull vnto vs. But such is Lotery, or the vse of Lots; not simply commaunded, (for Prou 18.18. that of Sa­lomon before alledged is rather a permission then a precept, or not so much a commaundement as an aduice and counsell, commending that to vs as a wise and prudent course, not enioining or imposing it as a dutie necessarie to be done, seeing by other courses beside it such controuersies may without sinne be composed as are there mentioned, and that effected oft by other meanes without a Lot, for [Page 136] which a Lot by Salomon is there allowed) nor a­gaine any where forbidden or condemned as euill in it selfe: by the former definition therefore conse­uently in different, and so lawfull matter of Christi­an recreation and delight.

§ 9. Sixtly and lastly, that the Vse of Lots in game is not against Gods word, but hath sufficient warrant from it, may appeare by this argument. Where the wisedome of God in his word hath not determined the matter, and the manner, or the other circumstances of a thing lawfull in it selfe, there they are least to mans discretion and wisedome. Else should wee hang euer in perpetuall suspence, hauing no rule at all to direct vs by in them. And where they are left thus to mans discretion and wisedome, there is warrant sufficient for any circumstance that man shall make choise of (the Magistrate publikely to enioyne, or priuate persons to practise) that shall Quum Scriptura generales legitimi vsus tradat regu­las, secundum illas nobis limit andꝰ est. Caluin institut l. 3. c 10. § 1. not be against the generall rules of Gods word concerning the same.

For the better conceiuing of this point it is to be considered, that for the doing of euery act, and the doing of it in this or that manner, if naturall reason will not of it selfe afford sufficient direction, there must be warrant had out of Gods word: and a man must know that he hath warrant thence, because Rom. 14.23. Whatsoeuer is not of faith, is sinne. I say, where naturall reason doth not of it selfe afford sufficient direction; for the word is giuen vs in morall mat­ters to supply the defects of it caused by our first Parents their fall; 1. C [...]r 9.7.8. & 11.13.14. Ad na­turam Apostolus prouocat. Tertll de virg vel. Nec dif­fert Scriptura quid an ratione consi­stat. Idem cor. mil. neither doth it abridge vs of the helpe and Rom. [...].14.15. Ipsa natura legis est instar ignorantibus legem. T [...]rtull ad Marc. l. 5. vse of it for direction in such actions, [Page 137] but adde a further and fuller helpe thereunto.

First then for the act it selfe in generall; that is of it selfe good and lawfull and [...]allowable by Gods Law, for the doing whereof there is either precept or permission in Gods word, and that either direct and expresse, or collected by just consequence: D [...]ut. 5 29.32.33. & 12.32 Quod praecipitur, impera­t [...]r: quod impera­tur, necesse est fieri. Tertull. a [...] vx [...]r. l. 2 V [...]i praeceptum, ne­cessitas est seruien­tis. Ibid. if a precept, it is necessarie and must be done; Deut. if per­mission onely, it is indifferent and may be done or not done, as shall seeme good to the party whom it concerneth.

Secondly for the subiect matter, the manner of it and other such circumstances, where they are by Gods word determined, there such onely are law­full as the word of God hath enioyned.

Where they are not determined, there all such are lawfull as the same word Concessum vide­tur quod non prohi­betur. Accurs. ad Cod I [...]st. l. 10. c. 1. l. 4. doth not forbid. In the former that rule holdeth, Matth. 12.30. Omnia sunt probi­bita, quae non repe­riuntur concessa. Gloss. ad Dig. l. 47. c. 23. l. 3. He that is not with me, is against me: in the latter that other, Luk. 9.50. Om­nia per legem sunt permissa, qu [...] non inueniuntur prohi­bitae. Gloss. ad D. l. 4. t. 6. l. 28. He that is not against me, is with me. Thus for sacrifice and the place of it, before it was determined, Deut. 12.8.9. Gen. 8.20. & 12.7. & 13.18. & 20.25. & 26 25. & 33.20. Exod. 17.15 & 14.4. it was lawfull in any place, because no certaine place was de­signed: but after it was once determined, Deut. 12.5, 6, 11, 13, 14. it was lawfull in no place but that alone, that God had ex­pressely thereunto assigned. So for the Passeouer and other offerings, and the time and season of ei­ther, the ordinary sacrifices (I meane the voluntary or freewill offerings) Leu. 1.2, 3. & 2.1. Deut. 12.5, 6, 26, 27. might be offered at any time, because for them was no time determined: but Exod. 12.6. Num 9 13. the Passeouer might be celebrated onely at one time, be­cause the time of it was determined.

This would the rather be obserued for the readier answering of some friuolous obiections made by [Page 138] some Seperatists; What warrant, say they, haue you to vse this or that forme of praier, or to pray vpon a booke? I answere; It is warrant sufficient that Luk. 18.1. 1. Thess. 5.17. 1. Tim. 2.1.8. wee are enioyned to vse praier, and Matth. 6 9.12. Act. 8.22. 1. Iohn 1.9. such kinde of praier, confession of sin, and supplication for pardon, &c. no set forme thereof determined; therefore any fit forme warrantable: this forme that we vse not vn­fit otherwise; this forme therefore allowable. And let a man demaund of one of them when he praieth, what warrant he hath to vse that forme that he then vseth, he can answer no otherwise; or if in effect otherwise, he shall answer otherwise then well. So for a booke; the meanes of helpe are not determi­ned; and this one among others; this therefore not vnwarrantable. And if one of them should be asked, how he proueth it warrantable to vse a printed booke to reade on in the Church; hee shall not be able to make other answer then as before: for nei­ther precept nor practise can be found in the word for the vse of a thing that was not knowne in those times wherein the word of God was written.

§. 10. But to applie this to the present. First, Eccles. 3.4. Zech. 3.10. & 8.5. Recreation in generall is granted by all to haue good warrant from Gods word, as a thing both allowed by permission, and enioyned by precept, if not directly and expresly, yet at least by iust con­sequence: and therefore I will not stand vpon the proofe of it.

Secondly, for the matter and manner of it, [...]or the things wherewith wee may recreate our selues, Certum est in di­uini [...]literis nullam de ludis aut regulā aut formam prae­scribi; quamuis in eis multa ludorum generae leguntur. Martyr in Iud. c. 14. there is nothing determined; any meanes there­fore of recreation that are not against the generall [Page 139] Rules ofR [...]m. 13.13. 1. Cor. 14.40. comelinesse and decencie, of 1. Cor. 6 12. & 10 23. Rom. 14.21 conueni­encie and expediencie, 1. Cor. 10 31. Coloss. 3 17. of religion and pietie, and the like, are by the word of God allowed, and haue from thence sufficient warrant. For example; If question be whether Boules or Chesse be lawfull or no: what can there be said in iustification of them more then this, that recreation in generall is by Gods word allowed; the matter of it in particular not determined: these games not prohibited; there­fore lawfull and allowable. Now the very same may be said of Lots and Lotterie. Game in generall is al­lowed: no particular matter or manner of it pre­scribed: any therefore lawfull that is not against the generall rules of Gods word; this of Lotterie such; and therefore allowable.

If any shall say, that the particular matter or man­ner of recreation is determined, Affirmanti in­cumbit pr [...]batio. Paulus in Dig. lib. 22. tit 3. leg. 2. Et Vlpian. ibid. leg. 22. hee must shew where. Or if any shall say, that this particular by Lots is against the generall rules of Gods word o­therwise, he must shew which and how. Otherwise there is no ciuill action almost that shall be iustifia­ble, as Hebraeu & Afi­aticis omnibus ig­notum & inusitatū id genus vest [...]us, docent phrases illae lumbos accingendi, Exo. 12.10. & pe­des contegendi, Iud. 3.24. sed nee Ro­manis in vsu, quod Casaub. notat ad Suet. Iul. going in doublet and hose, Et hae [...] illis oli [...], & plaerisque Orien­talibus adhuc inu­sitata. wearing band and cuffes, In Zona siquidē olim g [...]stabatur pe­cunia. Matt. 10 9. Marc. 6.8. carrying a mans purse in his pocket, Accubitꝰ priscus conuiuantiū & cō ­edentium gestus. Matth. 26.20. [...]. Marc. 14.18. [...]. Luk. 22.14. [...]. Ioan. 13 23. [...]. sitting on a stoole at the Table, crossing the water in a Boat when one may goe about by the Bridge, Olim vetitum. Leuit. 11.7. Deut. 14.8. de quo Plut. symp. l. 4. q. 5. à Troskistis nostris renouaetum. eating of porke, Et hoc olim prohibitum, Leu. 7.26. & 17.10. sed & ab Arianis nostratibus nu [...]er reuocatum. blouddings or ought strangled, and the like, if it shall be deemed enough to make an action vnwarrantable, either because there is no particular precept or precedent for it in Scripture, or because it is questioned or condemned by some [Page 140] without any reason or sufficient cause rendred why it should be questioned and condemned in that sort.

And so I conclude and leaue this sixt and last rea­son taken from the common grounds of other ordi­nary recreations not questioned, which must all with this either stand or fall, the selfe same grounds sup­porting either; that this particular is not prohibited, nor is against the general rules of Gods word other­wise; which as in the former, so in this case must stand good, till the contrary can be proued.

CHAP. VII. Answere to the principall Obiections made against lusorious Lots.

§ 1. BVt here will some of the former Authors obiect and say, we can shew how this kind of disport or recreation by Lots, and the vse of a Lot in such cases is against the generall rules of Gods word. And so I come to examine the seuerall obiections that are by seuerall men brought against this kinde of disport. Wherein I will deale as inge­nuously, and as indifferently as I am able to doe; propound their arguments as I finde them, and as many as I finde of them, not picking out the wea­kest and passing by the pithiest, or setting downe some part or peece of them and concealing the re­sidue; but as neere as I can, gather all I can finde in such Writers as I can vnderstand to haue dealt in this argument, and enforcing them as farre as [Page 141] themselues doe to their best strength.

Now this that I may the more orderly doe, their arguments shall all of them be referred to these two heads, the principall, and the lesse principall.

The principall Arguments I call such as tend to proue them simply vnlawfull, and so euill in them­selues.

The lesse principall such as tend to proue them inconuenient and inexpedient, or such as haue been by the most or the best generally disallowed and condemned.

The former may againe be sorted into two rankes according to the two Tearmes of the thing questio­ned, A Lot vsed in recreation, or Recreation by a Lot: for either they are taken from a Lot and the nature of it, or the proper vse and end of it; or from the nature of recreation, and the vse and end of it.

§ 2. The first maine Argument then is taken from the nature of a Lot, which is affirmed to bee a worke of Gods speciall and immediate proui­dence, a sacred oracle, a diuine iudgement or sentence: the light vse of it therefore to be an abuse of Gods name; and so a sinne against the third Commaun­dement.

The Argument is by diuers Authours diuersly moulded. From Gods speciall and immediate prouidence they reason first on this wise.

Sortes, in quibus singular: prouide a­tiae argumentum in­est, in re l [...]ui [...]on adhibendas: quod ea ratione quod am­modò Dei proui­dentiā illudimus, &c. Dan. de lud. aleae c. 9. rat. 1. Et Taffin. de emendat. vit. l. 2 c. 19. §. 2. Lots may not be vsed but vvith great reuerence, becau [...]e the dis­position of them commeth imme­diately frō God. Perkins golden chaine. chap. 20. on command. 3. Gods immediate or especiall prouidence is not to be vainely or lightly vsed.

But in euery Lot is an especiall and immediate proui­dence of God.

No Lot therefore is lightly or vainely to be vsed.

[Page 142]The Proposition of this Syllogisme (such as it is) is further confirmed by an Argument taken from the tenor of the third Commaundement.

Dan. & Perk. ibid. Gods name is not lightly or vainely to be vsed.

Gods Prouidence is Gods name.

Gods Prouidence therefore is not lightly or vainely to be vsed.

The Assumption is confirmed by two testimo­nies: the one diuine, a sentence of Salomons, Dan. ibid. The Lot is cast into the lap, but the whole disposition of it is of the Lord: Fennor of re­creat. rule spec. 4. So that the nature of a Lot lieth who­ly in this that although the things be of vs, yet the dispo­sition is wholy of God: that is, hee vseth not here our meanes of cunning, practise, strength, stedinesse of hand or such like, but taketh it wholy to himselfe. The other humane, a saying of Hierome, Eastie histor. of Gospell. Hierome saith a Lot is an hidden and incomprehensible predestination, ruled by God: who dare play with this then?

First the principall Syllogisme it selfe is not sound, there are foure Tearmes, as they say, in it. I shew it by the like Paralogisme built of the same frame and set vpon the same ground.

Gods Prouidence, being his name, is not to be vsed lightly, or to recreation and disport.

But in all things, or in euery action that is, there is a Prouidence of God.

No thing or action therefore may be vsed to disport.

And so all recreations shall bee vtterly cut off. This and that are both of one making: but neither of both sound: the conclusion therefore followeth not, albeit the premises were both true.

Secondly, the Assumption is not sound: it is not [Page 143] true that in euery Lot is a speciall and immediate Pro­uidence of God.

For the discouery hereof let two grounds for­merly laid be remembred.

The former, that Chap. 2. §. 4. con­clus. 1. the act of the Creator and the act of the Creature are in these cases to be distin­guished. The casuall euent in regard of the Crea­ture is one thing, and Gods prouidence directing and ruling or ouer-ruling it, as all other actions, is an other thing. A man may play therefore with the one, and yet not with the other: as we doe in those things that are not casuall, but are caried and ma­naged by mans Arte and industrie, and yet are ac­companied also with Gods prouidence.

The latter, that Ibid § 5 con­cius. 2. it is not the casualtie of an E­uent that maketh it a worke of Gods immediate Prouidence. For many things are casuall, which yet are not workes of Gods immediate prouidence, nor imply his speciall presence. Whereas if a Lot in regard of the casualtie of it were a worke of Gods immediate prouidence, and did in that regard im­ply his speciall and extraordinarie presence, then all casuall euents should be such. For Quod conuenit tali, quatenus tale, conuenit omni tali. that which a­greeth to a thing as it is such or such, agreeth neces­sarily to all things that are such. But for a foule to flie before a man on his way, or for a dog to crosse a mans boule in play, and that it may be, where there is no likelihood of doing well otherwise, implieth not any speciall or immediate Prouidence: no more therefore doth a Lot.

§. 3. But let vs examine the proofes brought to strengthen this part. First for the sentence of Sa­lomon, [Page 144] there want not good Authors that expound it of De singularibus, mirabilibus, diui­nis, quas distermi­nant à politicis. Chytrae. in Iud. c. 1. Io. Winkelman pro­f [...]ss. Marpurg. & Barth [...]ld. Krake­uitz in Ion. c. 1. & Peucer. de diuinat. singular, extraordinarie, and miraculous Lots only: such, to vse the words of one of our Eastie lust. Gosp. Aduer­saries, as are vsed immediately to finde out Gods will: whereas these that we now dispute of are no such; Authores praeno­minati. neither is it now lawfull to vse any Lot at all to that end.

But the words seeme to be more generall, and are word for word thus in the originall, Prou. 16 33. [...] Sicut Num. 26.55. [...] terrā la­men (quod attinet) sorte diuidetur. Et N [...]hem. 9.32. [...] ne sit [...]arum tib [...], totā haenc molestiam (quod attinet.) The Lot, it is cast into the lap; [...] [...]moe indiciū cius. M [...]rcer. but euery iudgement or disposi­tion of it (for there is no article there answering our English The) is of God. As he saith else-where, Prou. 29.26. Many seeke the Rulers face or fauour; [...] but each mans iudgement is from God. And, Prou. 21.31. The Horse is prepared for the day of fight: [...] sicut Psal. 3 9. [...] Et Ion. 2.9. [...] but saluation is of God, or belongeth to God, is Gods. Which words so read Dicere vult omnia gubernari à diuina prouidentia, etiamsi nobis casu quodam fieri videantur, vt id quod sorte alicui contingit: qualis prouidentia in alijs omnibus euentibus, quamuis maximè fortuitis cernitur: nec tollit ista communis prouidentia casum. Bellarm de cleric. l. 1. c. 5. import onely thus much, that there is a pro­uidence of God in all things, euen in the least, in the most casuall things, and among the rest by name in a Lot: And so is there no more said of Lots there, then is spoken else-where not of Lots alone or things casuall onely; but of all mens thoughts and purposes, and words and workes, and counsels and courses; as we haue Chap. [...]. §. 3. formerly shewn; and as be­side the Authors there alleadged, some of those that vrge this place for the proofe of this point confesse else-where against themselues when they say, that [...] ford. dialog. Et Zanch. de sort. Deum omnia regere, igitur sortes etiam. The disposing of the Chaunce is secrete that it may be [Page 145] Chaunce indeed and wholy of God, who directeth Prou. 16.1, 3.9 [...] 33. Balmf. ibid. all things.

Yea take the words as they are vsually read, The Lot is cast into the lap, but Geneu. translat▪ the whole disposition, or 7 b [...] Kings Edit [...]. the whole disposing thereof, is of the Lord; It may as truely be said with good warrant from diuers Psal. 33.10, 11, 13, 14, to 20. & 37.6, 7, 9, 12, to 16 & 127.1, 2. Prou. 10.22. & 19.21. & 20.24. & 21.30, 31. Esai 26.12. & 34.15, 16. Ierem. 10.23. Matth. 6.26, 30. & 10.29, 30. other places of Scripture beside supra. those by the Aduerse party produced; that the whole issue or e­uent and disposing of all things great and weightie, or lesse and lighter is of the Lord: Which yet ex­cludeth not the meanes, that God worketh by or with, in the most of them, nor implieth an immedi­ate prouidence vniuersally in them: but is therefore so said, and may truely be said, to shew, that it is wholy in Gods hands to dispose of the euent and issue of all things, and to crosse or giue way to them, as he shall see good. So that a man may as well, and vpon as good ground out of the places concerning all other mens speeches and actions alleadged by themselues, (together with those other, which are some of them yet more generall and of larger extent) exclude all things else whatsoeuer from game, as they may Lots, in regard of ought that concerning them can be picked out of this place.

§ 4. If it be obiected, that It ruleth in all: but in the most by meanes; in a Lot it is immedi­ate: which there­fore to dally with is dangerous. East. hist. Gosp. reas. 5. there is an imme­diate prouidence of God euer in the one but not vsually in the other.

I answere, that indeed is presumed, that in euery Lot there is an immediate prouidence of God: but it is not yet proued: yea (though that be more then my taske requireth: Agenti incumlit probatio. Martian. in Dig. lib. 22. tit. 3. log. 21. & 23. he that saith it should make it good) it may thus be disproued.


[Page 146]First if in euery Lot there be necessarily an imme­diate worke and prouidence of God, then is it in the naturall power of man to make God worke imme­diately at his pleasure: for it is in mans power natu­rally to cast Lots at his pleasure. But to say that it is in mans power naturally to set God on working im­mediately at his pleasure, is absurd. There is not therefore an immediate worke and prouidence ne­cessarily in euery Lot.

Againe who seeth it not that the lighting of Lots in this or that manner ordinarily commeth imme­diately from the act of the Creature? For example: In the blending of scrols or tickets together, the motion of the vessell wherein they are blended (no regard had to the end for which it is done) causeth some to ly this way and some to ly that way, (euery new shaking thereof causing a new sorting) and so some to ly higher and neerer at hand, if a man will draw of the next, some lower and further of, not likely to be drawne so soone, vnlesse he diue deeper. Neither can any man say certainely that there is or­dinarily any speciall hand of God, in the shuffling and sorting of them, crossing the course of nature, or the naturall motion of the creature, and so cau­sing those to ly higher and so neerer at hand, that would otherwise haue lien lower, and those to ly lower and so further from hand that would other­wise haue lien higher. So in the shuffling of Cards, the hand of him that shuffleth them is it that dispo­seth them, and that diuersly as he listeth either to stay or to continue that act of his. In the casting of dice the violence of the Caster causeth the Creature [Page 147] cast to moue, till either that force failing, or some op­posite body hindring it, it cease to moue further, and so determine the chance.

Yea suppose two agree to decide a doubt by the cards, as they come where they ly (left by those that last vsed them) without further adoe; the position of them now in that sort that they finde them, is caused by him that so left them, either at all aduen­tures, or (as it may well be) on some speciall occa­sion otherwise, and yet is it casuall and a Lot to them.

Or lastly to instance in one other sort of Lots more commonly vsed by children in game; when they play at Euen and od, or at Heads and points, ei­ther there is no such immediate prouidence, as these men dreame of; or if there be, it must be exercised not in disposing of any corporall motion of the in­sensible Creature (for the Lots are already disposed, be they stones or pins, by him that holdeth them) nor in directing the others hand in choosing, or in placing of his pin (for [...]. Dion. Chry­sost. orat. 26. his owne will led by guesse and coniecture doth that) but in enclining the will of the childe, or guiding his coniecture; which how senslesse it is to say, let any reasonable man iudge. And the like may bee said of those serious Lots, Altari chartulis duabus imp [...]sitis, puerum miserunt, qui alteram assu­meret. Gu [...]l. Tyr. bell. sacr. l. 12 c. 24. wherein a childe is employed to choose and take vp what he listeth and best liketh, and by his choise is the controuersie or question decided: As also Sic captis Hiero­solymis decretū v [...] candidatis 4. cali­c [...]s 4. proponeren­tur, vt qui cum ele­gisset in quo ho [...]tia contineretur, is im­perium obtineret. Nic [...]t. in annal. wherein the parties themselues choose each one for himselfe of the Lots openly exhibited, but di­stinguished by some difference to them secret and vnseene.

[Page 148]Yea but East. hist. Gosp. reas 1. Hierome saith that a Lot is diuine prede­stination: and who dare daly then with it?

Where Hierome saith so, I finde not. I finde only Hieron. in Ion. [...].1. where he saith (cited Cap. 2 §. 3. before) that there was a secret hand of God directing the Lot that lighted on Ionas: but Non statim debe­mus sub hoc exem­p [...]o sortibꝰ credere: cum priuilegia sin­gul [...]rū non possint legem facere com­munem. Hieron. ib. he addeth withall, that no generall rule can be gathered for ordinarie Lots from it. But Augustine yet saith Zanchie, Aug. ait praede­stinationem etiam posse appellari sor­tem. Sic Virgil. Aen 6. — Hic exi­tus illum Sorte tu­lit. Zanch. de sort. saith that Prede­stination may be tearmed a Lot. True it is that Augu­stine indeed saith somewhat to that effect Cap. 4. §. 14. former­ly likewise alledged, to wit, Sortes dixit gr [...] ­tiam qua saluati sumus, &c. Aug. in Psal. 30. conc. 2. that Gods sauing Grace is called a Lot: because In sorte n [...]n est ele [...]tio, sed volun­tas Dei. Ibid. in the same there is no choise but Gods will alone, and so our saluation dependeth on Gods free-fauour and good pleasure onely, not on mans merite. But that is but a tropicall or meta­phoricall speech, comparing the freenesse of Gods choise to the indifferencie of a Lot, that hath no respect to any matter of mens worth or desert: and so no way concerneth the present businesse, neither is it of force to proue a Lot to be that that is figura­tiuely compared thereunto.

Againe it may be granted that a Lot cast by Gods speciall appointment for this end to discouer what person God hath assigned to some place, may in some sense (though very improperly) be tearmed Gods predestination, because it is a signe of it, or a meanes to discouer it, as Tria illa (prae­ceptum, prohibi [...]io, consilium) idiò di­cuntur Dei volun­tas, quia sunt signa voluntatis diuinae. Lomb. sent. lib. 1. dist. 45. K & Tho. sum. par. 1. q. 19. a. 11, 12. Gods will is put not vn­usually for the Signes of his will. But that also were nothing to the Lots that wee now intreat of: since there is no sound reasoning from extraordinary to ordinary actions. And so much for the first forme.

[Page 149]§ 5. Secondly, from the same grounds they rea­son on this wise, Balmford. dia­l [...]g. argum. 1. Whatsoeuer directly, or of it selfe, or in a speciall manner tendeth to the aduancing of Gods name is to be vsed religiously Mala. 1.6, 7., and not to be vsed in sport; as we may not pray or sweare in sport: Exod. 20.7. Esai 29. [...]3. Ierem. 4.2. But the vse of Lots directly, or of it selfe and in speciall manner tendeth to the aduancing of the name of God in attribu­ting to his speciall Prouidence in the whole and imme­diate disposing of the Lot, and expecting the euent Prou. [...]6.33. Act. 1.24, 26..

Therefore the Vse of Lots is not to be in sports.

I answere: The assumption is not true if it be vn­derstood vniuersally: it concludeth nothing to the Question if it be taken particularly.

The proofe annexed to it scarce carrieth good sense: the Printer, it may be, is in fault. But if the meaning of the Authour be, as I conceiue it, (for I must in part go by guesse) that the disposition of euery Lot is wholy attributed to, and the euent wholy expected from the speciall and immediate Prouidence of God; I deny it, neither doe the places produced proue it. The Prou. 16.33. former of them, concerning ordinary Lots or Lots in generall, was examined and answered suffi­ciently before.

The Act. 1.24, 26. latter is an example of an extraordinary Lot, wherein there was indeed an immediate and speciall prouidence. But Vise Hieron sup §. 4. Sic & Greg in Ezech. homil. 2. Ali [...] est quod de doct [...]i ae vs [...] atque discip [...]ina dicimus, aliud qu [...]d de mira­culo scimus. extraordinary examples make no generall rules. Neither is it a good course of arguing to reason from the speciall, or a singular to the generall and vniuersall; much lesse from one extraordinarie act or euent to all ordinary courses of the same kinde. Herein is the difference between the one and the other, betweene the extraordinary [Page 150] Lot, wherein there is an immediate hand of God for speciall purpose, and the ordinarie Lot, wherein there is not; that the one could not but fall certain­ly, were it neuer so oft cast, as in the Lots vsed for the discouery of I [...]sh 7.16, 17, 18. Achan and Ion 17. Ionas, and in the e­lection of 1. Sam. 10 20.21. Saul and Act 1.23, 24, 25, 26. Matthias, and the like: where­as the other cast oft in the same case, as for partition of goods and chatels descending by inheritance vp­on, or bought in common by diuers would not constantly and certainly fall out still the same. And thus much for the two first formes; which in effect are the same.

§ 6. Thus then they reasoned against a Lot in game as an abusing of Gods name and a playing with a worke of his immediate prouidence: Now further they charge it as a tempting of God in requi­ring of a speciall worke and immediate sentence from God for the deciding of vaine doubts: And first they argue on this manner:

Balmford. dia­log. argum. 2. We are not to tempt the almightie by a vaine de­sire of manifestation of his power and speciall proui­dence.

But by vsing Lots in sport we doe so: therefore wee may not vse Lots in sport.

The assumption they seeme to prooue on this wise.

Dan. de lud. al. c. 9. rat. 1. To call God to sit in iudgement where there is no necessitie so to doe, or for the determining of trifles, is to tempt, nay to mocke God:

But by the vse of Lots in sport God is called to sit Tanquam reige­rendae extraordina­rius moderator & arbiter. Dan. ibid. in iudgement where there is no necessitie, for the deter­mining of trifles.

[Page 151]By the vse of Lots in sport therefore we tempt and dishonour God.

The Proposition is confirmed à simili, Eastie h [...]stor. of Gosp. reas. 5. by the King and Councell, by whose gouernment though wee all liue, yet were it a dishonour to them to bee called vpon by children to determine their sports.

The Assumption is proued à pari, by comparing together a Lot and an Oath: B [...]mford. dialog. ground 3. A Lot in the nature thereof doth as necessarily suppose the prouidence and determining presence of God, as an Oath in the nature thereof doth suppose the testifying presence of God. Ba [...]mf. ibid. & Z [...]nch. in misce [...]. [...]r. de sort. Etian si a­ctu no [...]anuoc [...]s, ta­men r [...]ipsa D [...]um inuo [...]as sortibus. Yea so, that as in an Oath, so in a Lot, 1. Sam. 14.41. Praier is expressed or to be vnderstood. In which regard also as an Oath, so a Perkins Cas. of Consc. l. 3. c. 4. § 4 q. 2. Lot is an Res sacra. Dan. lud. al. c. 9. rat. 1. re­ligiosa. Iun. in Ion. c. 1. act of religion, in which we referre vnto God the determining of such weighty things as can no other waies be determined: and therefore Perkins ibid. in the vse of it is euer infolded, and sometime also expressed, both a confession that God is a soueraigne Iudge to deter­mine such things, and Act. 1.24, 25, 26. a supplication to him that by the Lot, when it is cast, he will be pleased so to doe. A Lot, therefore, as an Oath, is not to be vsed but Vise sup. cap 5. §. 2. in case of necessity and extremity: and Perkins ibid. being a solemne act of religion may not be applied to sporting: Eastie historie of Gosp. reas. 6. We may as well iest with the Word, and Sacraments, and Oaths, as with Lots.

There might be diuers seuerall arguments framed out of these allegations; but because they build all on one ground, and stand vpon one botome, I haue thought best to put them in this manner together that the same common answere might serue them all.

§ 7. First therefore the vsing of Lots either in [Page 152] matters sage and serious, or of sport and delight is In Iudo taxilla­tor [...]o [...]udicium diui­num non requiri­tur, sed fortune res cōmittitur. Th [...]m de sortib. c. 5. & Lyra in Prou. c. 16. not of it selfe any desire of the manifestation of Gods speciall power and prouidence by an imme­diate disposition, vnlesse men offend against the cau­tion before giuen in doing it to this end, to try there­by whether God will vouchsafe to worke immedi­ately and extraordinarily or no; which being not of the nature of the thing it selfe, is not necessarily implied in the ordinary vse of it. h Neither is there any such calling in of God to decide doubts in game, but Iudice fortuna ca­dat al [...]a. Petron. satyr. Fortuna sit opti [...]nis iudex, & sorte dirimatur. Iu­stin. instit. l. 2. tit. 20. the matter in question is put to the ca­suall disposition of the Creature; no more then there was any solemne calling of God in, or calling vpon him to determine the tithe, in the example be­fore alledged out of Leuit. 27.37. the Law. And therefore consequently Non est pericu­lum ne Deum t [...]n­tare videamur. Martyr in 1. Sam. c 10. no such tempting of God, as is here charged, in the vse of a Lot, be it vsed either in case of necessitie or otherwise.

Yea rather if a Lot be such as here they say, it is not to be vsed in any businesse at all vpon any occa­sion whatsoeuer. For, It is Deut. 6.16. Matth 47. not lawfull to tempt God Praecepta nega­tiua ligant semper & ad s [...]mper. Ger­son. reg. moral. in any case whatsoeuer: But to vse Lots in any case whatsoeuer is to tempt God: It is not lawfull therefore to vse Lots in any case whatsoeuer.

The assumption is thus proued euidently Ex concessis. by the former grounds and grants: Exod. 17.2.7. Psal. To require a worke of Gods immediate power and prouidence in this or that kinde, is to stint, and so to tempt God: But to vse a Lot in any case, is to require a worke of Gods immediate power and prouidence: (for euery Lot, say they, is such:) Therefore to vse a Lot in any case whatsoeuer is vnlawfull.

[Page 153]But this Conclusion is vntrue: for Prou. 18.18. a Lot in some cases may lawfully be vsed: the former ground therefore is false.

It is indeed Nō permittit nos D [...]us voluntatem suam per media ex­traordinaria inue­stigare. Del [...]io disq. mag. tom 2. l. 4. c. 4. q. 5. § 2. vnlawfull and a tempting of God to vse a Lot so as they would haue it vsed onely, to wit, requiring & expecting an extraordinary worke of God in it, in any case or vpon any occasion what­soeuer, without Gods expresse appointment of it, though all meanes should faile otherwise. For to haue recourse to extraordinary meanes when ordi­nary faile, is to tempt God by refusing to depend and wait vpon God, as our Sauiour implieth, when Matth. 4.3, 4, 2. at the Deuils motion he refused to [...], &c. si [...]ut [...] 1. Reg. 2.17. malè vulgó ex­ponunt, Iube, im­pera, &c. speake to his Father to haue stones turned into bread, least by so do­ing he should tempt God, though it were in case of extremitie: that which was Exod. 17.2.3. Psal. 78.41. the sinne of the Israe­lites sometime in the Wildernesse. No such Lot therefore at all as they allow of is allowable. And to speake as the truth is, by the course and force of this their discourse, the only lawfull vse of a Lot is disallowed and condemned, and an vnlawfull and vnwarrantable vse of it is allowed in the roome of it.

§. 8. Secondly, an Oath and a Lot are not a­like: the comparison therefore laid betweene them will not hold. For neither is the right of ought in an ordinary Lot put to the speciall prouidence or immediate and extraordinary worke of God; as 2. Cor. 11.31. Galat. 1.20. Phil. 1.8. the truth of the thing testified is in an oath put to his testimonie: neither is there in euery Lot any such solemne inuocation of God, as there is in an Oath euer either 2. Cor. 1.23. expressed or implied, by [Page 154] which God is called to witnesse with vs the truth of that we auow, or the truth of our purpose to per­forme what we promise:1. Sam. 14.41. Act 1.24, 25, 26. as may hereby appeare.

The definition of each thing containeth the whole nature or the thing defined. Now a Lot may be defined without this: but so cannot an Oath. Yea so Ba [...]mf. dialog. some of the aduerse partie define Lotterie out of Lyra in Pr c. 16 Lyra, To vse Lots is by a variable euent of some sensible thing to determine some doubtfull or vn­certaine matter. Which definition of Lotterie con­taineth no such matter as is here supposed to be of the very nature and essence of a Lot, as it is of the es­sence of an Oath; which cannot be defined there­fore without it.

Neither doe the places produced proue it. They proue onely that Prayer was sometime vsed (but Precatur, sed pr [...]rsus absque om­ni fide. Mar [...]yr in Sam. c. 14. a faithlesse praier 1 Sam 14.41. the one of them without word or warrant) before an extraordinary Lot for an ex­traordinarie power and prouidence to direct the e­uent of it; Act. 1.24. the thing entended being such as the Lot by no naturall power, either of the Creature v­sing it, or vsed in it was able to effect: which kinde of praier hath no place, nor is lawfull in ordinarie or meere diuisory Lots. For example: Leuit. 27.32. In assigning and setting out tithe, it was not lawfull, much lesse necessary, to pray God so to giue a right Lot, that e­uery Lambe or Kid that were indeed in course of time the tenth, might certainely or constantly so come to hand. But they prooue not that praier is part of a Lot or is in the Lot, as it is part of an oath, and is included in the Oath, as by the vsuall Hoc est Iurare, Deum testari. Aug. in Psal. 109 Deum testē adhibere. Cic. Offic. l. 3. Quid est iurare, nisi ius ve­ritatis Deo reddere. Aug. de verb. Ap. serm. 28. Iurare est testē adhibere De­um. Lo [...]b. sent. l. 3. d. 29. F. Deum in t [...]st [...]m vocare. Thom sum. par. 2a 2a. q. 89. a. 1, 4. & q. 98 a. 2. im­plo [...]are testimoniū Dei exhibendum. Ibid. q. 89. a. 1. Iu­ramentum est Dei at [...]estatio ad veri­tatem sermonis no­stri confirmandam. Calu. Instit. l. 2. c. 8. §. 23 inuocatio Dei qua petimꝰ vt Deꝰ fit testis de animo nostro quod fallere nolimꝰ, & vt vin­de [...] sit si feselleri­mus Melanch loc. com. in definit. Iu­ratio itaque ad in­uocationē [...]ertinet. Ibid. de 2o praecept. defi­nitions of an Oath may appeare. In election of of­fices [Page 155] sacred or ciuill praier is vsed or at least ought to be vsed: yet it followeth not therefore that praier is a part of the choise, or that therefore the election in the nature of it doth necessarily suppose a speciall pro­uidence and determining presence of God. Yea praier may be vsed both before game and in game, as both before and at meate, and yet is not therefore of the nature of game, nor supposeth therefore a speciall prouidence of God and a determining presence in it.

Lastly, a Lot is no religious act, nor holy thing of it selfe, as Chap 6. §. 6. before hath beene shewen: there is much difference therefore betweene Lots, and the word of God, Sacraments and Oathes. For these things are holy of themselues and in their owne nature, as the very definitions of them will soone shew: and therefore cannot but be holy. Whereas a Lot is not in the nature and the definition of it holy, and therefore is not alwaies and necessarily sacred. Yea those things are now holy, as euer, in our ordinary vse; whereas no Lot is holy that we can vse now adaies; nor indeed was euer any so, saue extraordi­narily. But Gods taking of any thing sometime extraordinarily or from ordinarie vse to apply it to some holy and extraordinary vse, doth not exempt the kinde in generall, but the thing onely it selfe so vsed in speciall from ciuill or light and ordinarie v­sage; and that also so long only as it is so set apart: As the vse of water in Baptisme hindreth not but that a man may play with water, yea and with that very water that may afterward be a Sacrament in Baptisme, or that hath so beene, but is not now. In [Page 156] like manner when a Lot shall be extraordinarily vsed for a speciall signe of Gods immediate electi­on and choise, whosoeuer shall then contemne or set light by that Lot, he shall abuse an holy thing and Gods name in so doing; but not whosoeuer shall vse otherwise any Lot to disport, yea though it were that Lot that had beene vsed in such a bu­sines before; there remaining no more holinesse in it after that vse is ouer, then in Exod. 3.2.5. the bush that burnt but wasted not, when God manifested himselfe to Moses in it, after that manifestation was once ended.

§ 9. Againe they argue hence on this wise:

Fennor of recre­at. spec. rule 4. reas. 4. Gods Oracles (being his name) may not be vsed for recreation:

But Lots are Gods Oracles. Lots therefore may not be vsed for recreation or in disport.

The assumption is thus proued: Cartwr [...]n Prou. c. 16. Quod s [...]rt [...]m appellat iudicium, &c. In that Salomon calleth a Lot iudgement, where he saith; Prou. 16.33. The iudge­ment of it is of God: he sheweth that Pers [...]rtē Deꝰ ipse in iudicio sed [...]at. God himselfe sitteth in iudgement by it, and that Sortem esse Dei mund [...] Iudieu qua­si vicarium, qua Deus ipse &c. de­cernit. Idem in c. 18 the Lot is as Gods Deputy who is Iudge of the world, whereby he himselfe determineth of things doubtfull, and such as no arte or wit of man is able to discouer.

Yea not onely Fennor vbi supr. the Scripture maketh a Lot so the sentence of God, as in the most weighty matters of God and man, Act. 1.24.26. Num. 26.55. Leuit. 16.8. of life and death, Iosh 7.14. it is the very oracle and determination of Gods will, wherein a man must rest without any contradiction or motion to the contrary: but euen Ion. 1.7. the very Gentiles themselues also knew it to be Gods Oracle.

These proofes of the Assumption are vnsound [Page 157] and insufficient. For first for Prou. 16 33. the testimonie of Sa­lomon; though the word therein vsed in his natiue sense and originall signifie properly [...] à [...] iudicare, vnde & [...] Iu [...]ex, & Su [...]es Consul Poenis apud Enniū, Liu [...]ū, Fe­stum: inde enim m [...]lius Ios. Scalig. ad Eus [...]b quàm à [...] quasi [...]. Id ni ad Fest. & Drus. ani­m [...]d [...]. l. 2. c. 24. iudgement, and is therefore Ierem. 4 2. one of the necessarie attendants of a lawfull Oath, as I [...] a [...]entum hos debet ba [...]er [...] comi­tes, veritatē, iusti­tiam, iudiciū. Hier. in Ie [...]. c. 4 & ap [...]d Grat. c. 2.2. q. [...]. & Thomsum. 22 2ae. q. 89. a 3. the learned well obserue. Yet neither is a Lot there tearmed Iudgement; though the word that naturally so signifieth be applied there vnto it, and might be properly vsed of some speciall kinde of it: Neither doth the word in the ordinary vse of it onely so signifie, but is vsed more generally for any custome, or manner, or course, or cariage whatsoeuer, be it light or weightie, iust or vniust; as where it is vsed of the prophane and pro­posterous cariage [...] Sam. 2.13. [...] of Elies sonnes towards Gods people; as also where it is applied to the superstiti­ous and sauage demeanour 1. King. 18.28. [...] of Baals Preists toward themselues: and in this generall manner the best and most Interpreters there take it.Fortuna sit in­dex sorte adhibita. Cod. li. 6. tit. 43. l. 3. The word therefore there vsed is too weake a ground to beare a frame of such weight as is here built vpon it. For as for Gods immediate sitting and sentencing in Lots, (of which further anone) the conceipt of it breedeth a superstitious vse of them; (the rather therefore to be abhorred:)Tota racio eius. Ium. & Mer [...]er. disposition, or disposing, Augl. from some taint whereof that speech of Cartwr. in Prou. c. 18. the same Authour cannot bee freed where he saith, that Valet ad verum reconditissamarum peru [...]stigatio [...]ē. Lots are auaileable for the fin­ding out of the most hidden things, as they haue beene vsed oft to that end: as also that Derebꝰ d [...]bijs null h [...]minū arte [...]ut ingeni [...] inu [...] stigandis Si [...] Se [...]ar. a [...] I [...]sh. c. 7 q. 19 Vuiness sortibꝰ ad veritatē e [...] concursu diuino, generali saltem corto, speciali incer [...]o, pro­babilitamen. At rectè P [...]cer dediui [...]. Diui [...]. [...]orie sunt sorte [...], qu [...] oracula excudunt, abdita & abstrusa er [...]unt, ignota [...]ciunt, incerta confirmant, impendentia prospiciunt, &c quorū a [...]tor & dispensator Diabolꝰ, non Deꝰ. Et ips [...] Sera [...]. ib. q 20. V [...]tita sunt sortes quibꝰ incrimina inquiritur. by them such doubt­full [Page 158] things may be determined, as no wit or skill of man is otherwise able to decide. For what hidden truth can by any Lot be discouered? or what can be de­cided or determined by a Lot, that might not bee determined by any third party, yea by a childe or Idiote, as well as by a Lot, if it should please the parties contending to referre themselues thereunto?

§ 10. Secondly for the instances alleadged: To reason on this manner, Lots were once Gods Oracles in these and these cases: therefore they are so in all: or, Lots were sometime extraordinarily Gods Oracles in some cases whereunto they were by God then specially for that purpose assigned: therefore they are so alwayes: both the consequence is vnsound, and the conse­quent vntrue. For first it followeth not; If sometime extraordinarily, then euer. 2. Sam. 5.24.25. The noise that Dauid heard ouer his head in the mulbery-trees was Gods Oracle to him: shall the like rustling, that wee may chaunce to heare in trees ouer our heads, be there­fore a diuine Oracle to vs?1. Sa. 14.8, 9, 10. The Philistines speech to Ionathan and his Armour-bearer was as an Oracle of God to them: shall the like answere therefore be the same now to vs? or must it needes therefore bee euer such?

Againe that Lots are not alwaies, nay not at all now Gods Oracles or any such diuine sentence, it is euident.

For first Num. 23.19.20. 1. Sam. 15.29. Esai 14.27. Gods Oracles and sentences are cer­taine and constant: for Psal 33.11. & 111.78. Matth. 5.18 2 C [...]r. his word and sentence is yea and amen as M [...]lac. 3.6. I [...]ma. 17. Psal 65.15. Deus Amen. himselfe. And so were those Lots whereby God somtime gaue sentence, as that which Achan was discouered by, which had it therefore [Page 159] either beene oft cast, or cast by diuers persons at Gods appointment at once, would still constantly haue Iosh Certissima est cog­nitio quaeper sortes à Deo temperatas habetur. Zanch. de sort. lighted on no Tribe but Iud [...], no kindred but the Zarchites, no houshold but Zabdies, no person but Achan. But then an ordinary Lot [...]. Philo de constit. princip. Sor [...]res est incertissima. Bar [...] in I [...]u. c. 1. there is nothing more vncertaine, ready vpon euery new shaking of the Lot pot to giue out a new sentence. For suppose we that some one Minister of a whole hundred in our head City should by Lot be selected to visite the Pesthouse, would the Lot drawne in this case As in the Tus­can Estate they draw fiue seuerall times, and so fiue seuerall persons for each office. See before chap 4 sect. 8. foure or fiue times together with neuer so great solemnity light certainely and constantly euer on the same man? Or suppose As in the Ve­netian Estate, foure seuerall companies cast Lots for the no­mination of the same Offices. Ibid. foure or fiue seuerall Companies in seuerall places should, after the bu­sines solemnly by praier commended to God, cast Lots vpon the selfe-same imployment among the same parties, were it certaine, yea or probable that they should all light vpon the same person? Or were it not triuolous, if not impious, therefore to say, that vpon euery second shaking or drawing GOD altreth his sentence, and so to accuse him of incon­stancie; or that to seuerall Companies he giueth a seuerall sentence, and so to charge him with con­tradiction and contrariety?

Secondly Deut. 32.4. 2. Chron. 9.7. Ps 92.15. & 111. 7.8. & 19.8.9. Gods oracles are euer according to iustice and equitie: but the sentence of a Lot is not certainely such. For suppose a matter of right, wherein he that ought to yeeld will not yeelde, by mutuall consent therefore of necessity put to a Lot; dare any man say certainely that it shall go with him that hath right? Or in warre, suppose a whole troupe put to cast Lots for their lines, among whom there [Page 160] are many that are no way at all faulty, dare any say that the Death-lot shall light on no one of these, but vpon those alone that indeed haue deserued to die? as I [...]sh 7.18.19. in Achans case a man might well confi­dently say, that it should surely light on him that was the delinquent and on no other, whom by such meanes God had then giuen warrant to search for. No: Fieri potest vt innocentem dam [...]et sors. Serar. in I [...]sh. c. 7. q. 20. a Lot regardeth no more right then wrong, Ex fuso exercitu cùm decimus quis­que fuste feritur, etiam [...]renni sorti­untur. Tacit. an­nal. lib. 14. no more guiltlesse then guilty, ready to go indiffe­rently for or against either. It is none therefore of Gods sentence.

Thirdly, if a Lot were Gods sentence, [...]. vt Aristid. de Rhet [...]r. ad Plat. what need men be so curious in examining and trying the fitnesse or vnfitnesse of those that they admit to a Lot for the bearing of any Office either in Church or Common-weale? (For I spare to aske of the Popish sort, why they therefore forbeare to elect Ecclesiasticall Officers by Lot, if a Lot be Gods sentence; because such things, say they, must be done by the inspiration of Gods spirit [...];Honor. 3. in De­cretal. l. 5. tit. 21. c. 3. & Thom. de sort. c. 5. as if Gods spirit and his sentence were not sure to concurre.) For is not Deus melius in huiusmodi indicat. Aug. ep. 180. God as well able to iudge of their fit­nesse or vnfitnesse as man is? Or doe they distrust God, and feare that he will be partiall in his sen­tence, whose constant commendation is, that he is Deut. 10.17. 2 Chron. 197. Iob 34 19. Act. 10.34. Rom. 2.10. no respecter of persons? The generall care there­fore in this kinde of all those that vse Lots in any such weightie affaire, sheweth euidently, that they doe not esteeme the Lots verdict Gods Oracle, but a sentence so vncertaine, so inconsiderate, so heed­lesse, that it might well run with them into a whirle-poole drawing Church and State after it, if by hu­mane [Page 161] caution it were not the more warily managed. Was there any such feare, thinke wee, in the Lot that 1 Sam. 10.21. Samuel cast for a King; or any need of such caution to haue beene obserued in it?

§. 11. Lastly, it a Lot were a diuine sentence, Quibus in r [...]bus ad Deum consulen­dum ventum est, omnino stari indi­cio eius oportet. Iun. in Ion. c. 1. it were vnalterable and vnchangeable, such as men were euer bound to rest in and abide by, vnder dan­ger of sinne and disobedience, without further in­quisition, consultation, consideration, or forecasting ought for the worse or the better. Est. 1.19. & 8.8 Dan 6.8, 12. Gal. 3.15 Etiam ab ho­minibus iudicata pro veritate haberi solent Iun. ib. Sen­tentia, si [...]res iudi­cata pro veritate accipitur. [...]lpian in Digest. lib. 1. tit. 5. leg 25. P [...]st rēiu­dicatā nihil quaeri­tur. Idē ex Marci Imper. sententia, l. 42. [...]. 1. le. 56. quia res certa iam habe­tur. Accurs. Gloss. Mans sentence is sometime held such: Gods euer much more. Yea so it was in those Lots, wherein God extraordina­rily gaue sentence, as in 1 Sam. 10 [...]1. Sauls and Act. 1.25, 26. Matthias his: whereas in ordinary Lots it is farre otherwise.

For first in priuate affaires no man is bound to stand to the euent of a Lot which hee neuer gaue consent vnto. In priuate affaires I say, because Ad tertij alicuius petitionē cuius in­terest, iubere potest contendentes sorti rem ō [...]i [...]tere [...] vel ad alterius petitio­nem, [...] dissidentium tantum intersit, al­teram c [...]get. Greg. Toloss. syntag [...]. l. 34. c. 5. in some cases the Law enableth the Magistrate to compell the parties contending, will they nill they, to bide by it; which yet Iudiciū sortis lo­cum non habet nisi in casibus à iure ex­pressis Bartol. apud Gom [...]z ad leg. Taur leg. 38. he is not permitted to doe in more cases, then in the letter of the Law are ex­pressed. It were an idle thing, for a young-man to tell his Parents that of two Maidens motioned to him for mariage such a one of the twaine which they like not of, yet they ought to giue their consent with (it is a Bucer. in oper. Au­gl disput. cū Iung [...]. learned mans instance, and that ap­proued by him, of a Noble mans sonne) because hauing cast Lots for direction after inuocation of Gods name in that busines, the Lot had light vpon her. Much more idle yet were it for him to beare one downe, that she ought in conscience to haue him and no other but him, and that without guilt [Page 162] of sinne and disobedience she might not refuse him, because God in a Lot cast by him had giuen such a sentence. And yet were a Lot Gods oracle, it should necessarily binde, not expecting mans priuity or consent thereunto: yea where it was Gods oracle, it did necessarily so binde, as 1. Sam. 10.22. in Sauls case nothing willing at the first, but enforced in some sort to con­descend vnto that which the Lot imposed vpon him.

Secondly by mutuall consent it is no question but that men may alter and change their Lots either with other, as Inter ipsos Con­sules permutatio prouinciarū facta est. Liu. l 26. anno 544. Leuinus and Marcellus sometime did at the request of the Senate vpon suite made by the Sicilians whom Marcellus, one they sorely fear­ed, was else to haue had. But may any by mutuall agreement alter Gods sentence, as Prou. 2.17. Matth. 19.6. the wife to leaue her head and breake the couenant of her God, cōuencrat olim, Vt tu quod velles, faceres; nec non ego possem Indulg [...]ra mihi.-Iunen. sat. 6. because her Husband is content to agree there­unto? Or to hold to a Lot where it was a diuine O­racle, might 1. Sa. 10.21, 22. Saul so elected haue surrendred his right to another, though the people should haue benne willing also to haue yeelded thereunto? Or might Matthias haue resigned his place to Barsabas, and Barsabas by ioint consent haue taken it of him? Yet if in choise of a Minister for the Pest-house, should the Lot light on one that (as Proch [...]r. histor. Ioan. c. 1. Prochorus the Counterfait fableth of Iohn when hee saw that by Lot he was to go ouer sea into Asia) should for feare presently sinke downe in a sownd, and some other more hardie then he offer himselfe voluntarily to that office, were it not lawfull to accept of him? or were it wisedome to refuse him, and presse the [Page 163] other to it so vnfit for it?

Yea lastly in some case it were a sinne for a man to retaine that which by Lot is befalne him. For may a man with a good conscience keepe his bro­thers right from him, which the iniquitie of a Lot, for quietnesse sake yeelded to by the other, hath a­gainst iustice cast vpon him, and say it is Gods sen­tence? yea may not the wronged party lawfully en­deauour, by conuincing him in conscience of the wrong that he hath done him, to recouer his right, if he can? Or as Act. 1.25.26. Matthias should haue sinned in renouncing his Apostleship; so did not Ioseph captiu. l 4 c 12. Phan­nias that sely Idiote as well sinne in accepting of the High-preistship, though assigned him by Lot? And yet by these mens positions should that Lot also be Gods sentence, and his choise thereby Gods immediate call to that office. A senslesse conceipt to suppose that any man should sinne by following Gods call, by doing after Gods sentence.

§ 12. Where it is to be obserued, that howsoe­uer it is here pretended that the very Heathen held their Loteries euer to be most religious and inuiola­ble; yet in truth it is not so? Vise cap. 4. § 7. They esteemed it in­deed a very prudent and politike ordinance for the preuenting of diuers inconueniences; yea Vise quae ibid. Huc per i [...]cum allu­sit Cic. Phil. 3. Prae­ [...]lara fu [...]t Se [...]atus in ill [...] di [...] religiosae prouinciaerum sorti­ti [...]: diuina verà op­portunitas, vt quae cuique apt ae esset, eo cuique [...]b [...]iret. in some sort too religious, as in their publike affaires it was ordered, in regard Hinc sortitio vi­tiosa, in qua [...]itus illi parum ritè ob­seruati. Liu. l. 41. ann. 578. of some superstitious rites vsed about it, as Nihil ferò quon­dam maioris rei nis [...] auspicato, ne priua­tim quidem gereba­tur. Cic. de diuin. l. 1. Nostrinihil in bello sine extis a­gunt: nihil sine au­spie [...]s domi habent. Ibid. Hinc Magi­stratum vitia creati. Cic. de diuin. li. 2. Liu. l. 23. an [...]. 539. & [...]uet. Aug. c. 34. about all other their solemne, yet ciuill employments either publike or pri­uate: And Vise qua sup. cap. 4. §. 7. in that regard held they it an hai­nous offence for any priuate man to alter the [Page 164] course of any busines which the state thereby had established.

But yet they reputed not the Lot to be so sacred and peremptorie a sentence, but that they might re­iect those that it had lighted vpon, if they either Corn. Scipioni Hispalli Fo [...]ùm Hispania prouincia sorte obu [...]nisset, ne illuc iret, Senatus decreuit, adiecta [...]ausa, quòd rectè facer [...] nescir [...]t. Vae­ler. Max l. 6. c. 3. al­ready knew them, or Hinc [...] actiones. De­most. & Lysiae. Et [...]. Demos [...]h. in Aristag. 1. Et [...], qui r [...]i [...]ctis suffici­ebantur. Vise cap. 5 § 4. vpon further triall found them to be vnfit: Yea and but that otherwise they might and did vsually goe from it, sometime Comi [...]ijs Coss. quiae Aemylius cu­ius sortis ea cura erat, occurrer [...] non potuit, Flaminius Roma [...] venit. Liu. l 39. ann. 568. in case of necessitie, when by accident the partie was disabled to doe that which by Lot he ought to haue done; sometime Flaminē cui Sar­dinia prouincia e­uenerat. Pont. Max. ad sacra re­tinuit. vicit religio. làem l. 37. anno 565. in case of religion, the partie be­ing thereby restrained from going whither the Lot had assigned him; sometime Duo deprecati sunt ne in prouin­cias irent, &c. Liu. l. 41. ann. 578. at the suit of the par­ties themselues; sometime Ad Si [...]ulorum petitionem sup. Leuin & Marcell. at the earnest intreatie of some others; sometime vpon one consideration, and sometime vpon another, Vise exempla varia cap. 5. §. 6. quibus addequod Liu. l. 9. Fabius alienae sortis victor belli, in suam prouinciam exercitum reduxit. when after the Lots cast, vpon better aduice, they misdoubted that it might proue any way preiudiciall to the publike, if the course were not altered.

In which kinde they are, as deseruedly to be ap­proued and commended; so to be preferred before the superstitious Iewes, who Ex Ioseph. capti [...]. l. 6. c. 8. & contra Apion. l. 2. ad [...]ò nefas putabant [...] confundere. Ios. Scal [...]de emend. temp. rather then they would breake the order of the Priestly imployment in set courses at first setled by Lot, suffred the ser­uice of God for some space of time in the siege of their Citie to be wholly neglected, because all the Priests of that course then present there were vt­terly destroied, that ought at that time to haue done the seruice.

[Page 165]True it is indeed that in the Ciuill Law A iudicio sort is appellari no [...] po­test. Baldus. B [...]r­tol. & Iason apud Gom [...]z. ad Taur. leg. 38. &. Greg. Tolos. appel. l. 2. c. 16. A bonorum diuisione inter fr [...] ­tressorte facta non datur recursus Par. de Put. dere milit. num. 2. t [...]m. 16. Nicel. de con­cord. gloss 6 fall. 45 num. 86. Bon [...]rum diuisiones sor. e fa­cta non s [...]lent re­fringi. Re [...]uf. de appel [...].art. 3. num 6 A iudicio sor [...]u non potest peti re­sti [...]utio in integrū. Maran. specul. part. 6. act. 2. R [...] ­stitutio post sortem denegaturetiā mi­n [...]ri. Franch. sum. 3 Cod. in 6. all Ap­peale is denied ordinarily from the sentence of a Lot: But that is, not (as some of them fondly say) Quia fors vel fortuna, siue vo­l [...]tas diui [...]a in mundo superiorem non habet. Iason. Bald. Bart. Decius Rebuff. & alij apud Sca [...]ch. de appell. q. 16. limit. 6. because the sentence of a Lot is the sentence of Fortune, or of God, who hath no superiour in this world [...] but rather, as others, with better colour of reason; because Quia facilioris iudicij & actus causa ita placuit. Gre­gor. Tolos. de appell. l. 2. c. 16. this course is taken for more spee­die dispatch; because Alioqui se mutuò impediunt. Idem syntagm. l. 34. c. 5. by flying from it in diuers cases they shall but hinder either other from euer comming to any issue; because a Lot is the most equall and indifferent course that can be and no corruption or partialitie can be charged vpon it: and lastly Quod inter contenden [...]es itae placmerit: & à iudicio quod ipsi elegerunt appellare nequeuns. Gregor. Tolos. de appell. l. 2. c. 16 Ipsi fortun [...] se submiserunt. Pan [...]rm. in 5. Decret. de Sortil. ad parendun [...] euentui se obligarunt. Pe [...]cer. de diui [...]at. because commonly it is by mutuall con­sent that matters are put thereunto, A indicibus quos communis consen­sus elegerit, non licéat prouocare. Con [...]i [...]. Mileu. can. 24. apud Grat. c. 2. q. 6. & Cr [...]spet. in sum. Idem hab [...]t & Conc. Carth. 3 [...] can. 10. sed & Asri [...]. 1. can. 89. Summum enim qu [...]sque causa suae indicem facit, quemcunque elegit. Plin. prafat. hist. [...]at. in which case their owne act iustly concludeth either side: [...]. Plato de leg. lib. 6. A­greeable whereunto is that of Plato, who in his State inhibiteth all appeale from those Iudges that the parties themselues haue made choise of by mu­tuall consent; As also [...] à quibus appellare licebat ad Indices: [...], à quorum arbitri [...] re tantum integra recedere licebat. Bud. in commentar. Graec. ex D [...]mosth. in Ap [...]ob. Itaque recté Plin. praefat. [...]. u. plurimu [...] interest sortiatur quis indicem an eligat. in the Athe [...]ian Estate, though they might appeale to the principall Iudges, from such Arbiters or Vmpiers as by Lot were as­signed [Page 166] them; yet [...] (Arbitrum loqui­tur ex mutuo con­sensu detectū) [...]. Lex A­thenieus. apud De­mosth. in Midiam. from such as by mutuall agree­ment they had referred themselues vnto, it is appa­rent that they could haue no appeale.

Let me adde one thing further that in some cases at the ciuill Law, though no remedy ordinarily bee granted in a diuision by Lot made with some ine­qualitie, because Qui sentit dam­num, sensisset lu­crum, si, quod p [...]tu­it, ei sors fa [...]isset. Sigism. Sca [...]h. de appell. quaest. 16. l [...] ­mit. 6. the hazard of lighting vpon the lesse part and so of sustaining the losse was alike vn­to either; yet it is the opinion of good Lawyers, that Non procedit li­mita [...]i [...], si ad sse [...] enormis l [...]sio, &c. Idem ibid. A sorte itaque qua [...]d [...]que appellatur. Ibid. if the inequalitie be ouer-great, the Magistrate may lawfully interpose his authoritie for the redres­sing of the wrong.

To draw all to an head then and so to end with this argument, let any man endued with ordinarie reason iudge how a Lot can be said to be a sacred Oracle, and a diuine sentence, that neither absolute­ly tieth any man for matter of fact, nor doth cer­tainely determine ought in question of right, that neuer speaketh certainely, and would oft speake vn­aduisedly, if by humane caution it were not limited before what it should say.

§ 13. Now these were the arguments taken from the nature of Lots. The next argument is drawne from the proper vse and end of them. And herein they reason sometime from the affirmatiue, sometime from the negatiue.

From the affirmatiue thus:

Balmsor dialog. argum. 3.Whatsoeuer God hath sanctified to a proper end, is not to be peruerted to a worse end Matth. 21.12, 13..

But God hath sanctified Lots to a proper end; viz. to end controuersies Num. 26.55. Trou. 18.18..

Therefore man is not to peruert them to a worse; [Page 167] viz. to play, and by playing to get away another mens money, which without controuersie is his owne.

This argument thus conceiued is faultie two waies. For first it goeth from the question, which is not whether any Creature or ordinance of God may be peruerted, or peruersly vsed; but whether the vse of Lots questioned be a peruerting of them or no; whereas in the conclusion it is taken for granted that it is. Neither againe is the question whether men may vse Lots playing for money (a thing incident to other games as well as these; which whether it be lawfull or no, I shall not neede now to discusse.) much lesse, whether they may be vsed in game to that end, to get another mans mo­ney from him, or no; (which is no generall vse of them, nor hath any place at all there, where either there is no wagering at all, or where the Lot is vsed onely at the beginning of the game, to decide who shall ioyne, who lead, or the like:) but whether Lots may in any wise be vsed in sport.

Secondly there is more inferred in the conclusion then was in the premisses, and that which follow­eth not from ought in them. For the vse of a Lot in play is euer to decide some question or controuer­sie, though a light one it is like, yet a question or controuersie truely so tearmed; otherwise it were no Lot.

For the mending of these faults the argument may better be conceiued on this manner:

That which God hath sanctified to some proper vse, is not to be applied to any other, especially a worse vse.

But Their proper vse is to decide great controuer­sies Perkins gold. chaine, chap. 20. on precep. 3. God hath sanctified Lots to this proper vse, [Page 168] to wit, the deciding of controuersies in matters of weight.

A Lot therefore may not be applied to any other vse, much lesse to a worse.

The Proposition is proued by Matth. 21.12, 13. ex Esai 56.7. & I [...]r. 7.11. an instance of the Temple, set apart for praier, which the Iewes therefore are reproued for applying to market and merchandise.

The Assumption is confirmed principally by that saying of Salomon, Prou. 18.18. The Lot stinteth strife, and maketh partition among the mighty. For Num. 26.55. the other place is but an instance that a Lot once was by Gods owne appointment so vsed. It is amplified à simili, The proper end of a Lot, as of an Oath, is to end a controuer­sie. Balmford. dial. ground 2. by the like vse of an Oath: concerning which there is a further speech of the Apostle brought Fenner of recre­at. spec. rule 4. reas 1. to proue that Salomons purpose in those words before alledged is to shew the only lawfull vse of a Lot; (viz. to end controuersies which otherwise conueniently can­not, when each Contender without the Lot is too mightie to yeeld;) thus: Fennor ibid. As when the Apostle saith, Hebr. 6.16. An Oath for confirmation among men is an end of all strife, his purpose is not so much to teach vs, that men vse an Oath to end controuersies; (which euery man knoweth,) but that God hath dedicated and made an Oath holy and sure onely for that vse of necessarie deciding of doubts of importance among men: so the like words vsed of a Lot must be vnderstood in the same sense▪ not so much to teach vs that a Lot ended such controuersies among men, which all know, but that God hath ordained it onely for that vse.

§ 14. For the fuller answere to this argument and the proofes of it, diuers distinctions, of some [Page 169] good vse, would be obserued.

First therefore the word, sanctifie, is diuersly ta­ken. For, to omit all other acceptions; it is taken sometime in a larger sense; and so to sanctifie signi­fieth to assigne a creature to any speciall or singular vse whatsoeuer, either sacred or ciuill: thus are Esai 13.3. the Medians said by God to be sanctified for the sub­duing and sacking of Babel: and so are 1. Tim. 4.4. meates said to be sanctified by Gods word for mans foode; and 1. Cor. 7.14. the vnbeleeuing Mate sanctified to the maried beleeuer.

Sometime againe it is taken in a stricter sense; and so to sanctifie signifieth to set apart a Creature beside his ordinary vse to some sacred and spirituall im­ployment: as where it is said, that Gen. 2.3. God sanctified the seuenth day of the world; and where Exod. 20.8. men are commanded to sanctifie the same: hee by precept enioyning that imployment of it; they by practise employing it according to his precept.

Now in both these kindes may the Lord well be said sometime to sanctifie but not to appropriate; when by his ordinance hee either enioineth or granteth the vse of a Creature so in some kinde, as yet he restraineth not, nor inhibiteth the vse of it in any other kinde. Thus are the fruites of the earth so Gen. 1.29. sanctified for mans foode, as they are Esai 38.21. not yet restrained from phisicke: yea thus was the water that Num. 20.10.11. miraculously gushed out of the rocke so 1. Cor. 10.4. san­ctified to a spirituall employment, as yet it was not denied vnto ciuill and prophane vses, euen Num. [...]0.8, 11. to the watering of brute beasts: sometime to sanctifie and to appropriate, when God sequestreth and seuereth [Page 170] the Creature so sanctified vnto some one speciall or proper vse from all other vses else whatsoeuer.

And thus he sanctifieth and appropriateth either the whole kinde of the Creature; as Exod. 30.31, 32, 33. that curious composition of pretious and holy ointment ex­presly inhibited to all other vses; or some particular onely of that kinde; as Exod. 30.23. the spices and odours in­gredients of that holy ointment; as Exod. 30.26, 27, 28, 29. & 29.44. the Taber­nacle, 1. King. 8.10, 63, 64. & 9.3. the Temple, and the appurtenances of ei­ther: and as those Elements of Matth. 3.11. Ephes. 5.25. 1. Cor. 6.11. water, 1. Cor. 10.16. bread and Matth. 26.27, 28, 29. wine that in the Sacraments are sanctified to bee signes and pledges of spirituall grace: and that a­gaine, either so to continue during the date of that law, as in the vnguent before spoken of; or during the time onely of the speciall vse to those ends, as in the Elements last mentioned.

To apply these distinctions then to the present argument: If they take the word sanctifie in the stricter sense, the Proposition is true, but the As­sumption is vnsound: for Lots are not set apart, or said so to be in either of the Prou. 18.18. Num. 26.55. places produced to any holy or spirituall, but to a ciuill vse onely.

If in the larger and more generall sense, then ei­ther they speake of things sanctified onely but not appropriated, or of things both sanctified and ap­propriated too, and that either the whole kinde in generall, or some of the kinde onely.

If of things sanctified onely but not appropria­ted, the Proposition is not true; For 1. Cor. 11.23, to 28. bread and wine are sanctified to be seales of Gods couenant, and yet doth not that hinder Psal. 104.15. the lawfull vse of them otherwise: so was oyle sometime Leuit. 21. [...], 10, 12. Psal. 89.20. & 133.2. sanctified [Page 171] to annoint 1. Sam. 10.1. & 24.7. & 26.11. & 16.13.2. Sam. 2.4. et 5 3. 1. King. 1.39. 2. King. 11.12 & 23.30. Kings and Leuit. 8.2.10. Priests, and yet did not that then restraine Psal. 104.15. Eccles. 9.8. Matth. 6.17. Luk. 10.34. the ciuill vse of it for food, phisicke, necessity or lawfull delight. Or to vse a more fami­liar instance and neerer the present purpose, Gen. 1.29. the fruites of trees are sanctified to be mans foode; yet doth not that let but that children, as of old time they did, may lawfully play and make themselues pastime as well with Da nuces pucris. C [...]tul. epithal. Spar­gae, marite, nuces. Virg. Eclog. 8. Iam tristis nu [...]ibu [...] puer relictis. Martial. l. 5. ep. vl [...]. Et, Al [...]a parua nuces & non damnosa videtur, Saepe tame [...] pueris abstuli [...] illa n [...]tes. Idem l. 14 epig. 18. Quatuor in nuc [...]ꝰ non ampli [...]s al [...]a tota est, Cum sibi suppositis additur vna tribus. Ouid. nu [...]. quem vise. Sed & Augusius animi laxandi causa cum pueris minutis, quā ­doque nucibus l [...] ­debat. Suet. Aug. c. 83. nuts or [...], Pollux l. 9. c. 7. In comment. Rabbin. iubetur pa [...]erfami­lias die fest [...] poma, n [...]ces, amygdalas, pu [...]ri [...] prabere. C [...]sa [...]b [...] Su [...]t. Aug. almonds, as with cheri-stones, or with check-stones and the like.

If of things sanctified and appropriated; as it was in that Exod. 30.31, 32, 33. holy ointment inhibited to all other vses; and as it is in the Rom. 4.11. Exod. 12.11. Sacraments sequestred and set apart to certaine spirituall purposes onely, the Assumption is vnsound.

If of the sanctification and appropriation not of the whole kinde, but of some particulars of the kind, the premisses might be granted, and yet nothing concluded against the vse of Lots in generall.

If of the whole kinde, the Proposition is true, though the proofe be not so pertinent; but the As­sumption is not sound.

For the proofe of it out of Prou. 18.18. Salomon: that place sheweth onely Su [...]ma est singula [...]m esse sortis vsum in componandis litib [...]. Cartw [...]. in Prou. c. 18. how a Lot may well and wisely be vsed; but neither enioyneth that vse of it, nor re­straineth it thereunto. It approueth onely the vse as good and commendable in that kinde: But it is onething for a Lot to be vsed well and wisely to that end; and another thing to haue that the proper or onely end of it.

[Page 172]§ 15. But Hebr. 6.16. the Apostles speech of an Oath sheweth that Salomon meant so, when hee vsed the like speech of a Lot.

It doth nothing lesse. For neither is it true that the Apostles scope was to shew that this is the onely end of an Oath, to stint strife and controuersie, nei­ther is it so indeed.

His purpose is not to shew it: for Hebr. 6.13, 16, 17, 18. it is onely to shew how sacred, firme and inuiolable an Oath is among men from man to man; (which he proueth by that which all men know and acknowledge) and how much more then from God to man, when I [...]rat vobis per quem iuratis. Cassi­od. Var l. 8 ep. 3. he sweareth to vs by whom we sweare: like the Argu­ment vsed by the Apostle else-where, Galat. 3.15. A mans co­uenant or testament once ratified no man annulleth; much lesse can any annull or abrogate Gods.

Neither is that the onely lawfull end of an Oath. For there be other ends of it; as, to giue assurance of the performance of couenants and promises. For what controuersie was there betweene Ionathan and Dauid to be ended by Oath, when 1. Sam. 20.16, 17, 42. they sware either to other? or what controuersie was there be­tweene GOD and Abraham, or Dauid and GOD; when Gen. 22.16, 17. Heb. 6.13, 14, 17, 18. God sware to Abraham, and Psal 119.106. & 132.203. Dauid to God? or what controuersie is there to be ended by those Oathes, that men vsually take at entrance into office both in Church and Common-weale?

The like may be said of that Prou. 18.18. other place of Sa­lomon. The scope of the place is not to stint or re­straine the vse of a Lot to the ending of strife, much lesse to the ending of great quarrels onely; or a­mong men of might alone, though Salomon expresly [Page 173] name such: For he speaketh of contentions in gene­rall: And why may not a meane inheritance be di­uided by Lot among meane men as well as a rich one among mighty men? or doe not contentions arise among mighty men many times about meane matters? But the scope of it is rather Vise Lauat. & Bainū in Prou. 18. to perswade all sorts of men to compose their controuersies, be they great or small, rather by such a course so easie and so equall, then to plunge themselues by eager pursuite of Law suites into further inconueniences; and Cartwr. ibid. to induce men of meane condition the rather so to doe, when euen men of might are content oft to submit themselues thereunto.

Not to ad, that Lots haue beene vsed Iosh 7.14. Ion. [...].7 1. Sam. 14.42. Leuit. 16 8, 9. oft to o­ther ends (for it is but one vse among many that is there mentioned) as both hath beene in part, and shall further hereafter be shewed, and as Vsus particularis sor [...]is litium direm­ptio. Valet por [...]ò ad veri [...]at [...]m inuesti­ga [...]dam; ad con­cordiam vbi prius culta est alendan [...], &c. Cartwr. in Pro [...]. c. 18. some of them that in this point oppose vs, confesse.

§ 16. Thus they reasoned affirmatiuely from the proper vse and end of Lots: now further they argue thus negatiuely concerning the same.

That which there is neither precept for, nor practise of in Gods word, generall or speciall, expresse or im­plied, that there is no warrant for in the word.

But such is the vse of Lots in game: for [...]alms dialog. ground 1. we reade not in Scripture that Lots were vsed but in serious matters onely both by Iewes and Gentiles: Easti [...] [...]istor. of Gospell, [...]eas. 2. neither is there any warrant in the Word for the ludicrous vse of them by precept, or practise, generall or speciall, ex­presse or implied.

There is no warrant therefore for lusorie Lots in Gods word: & so consequently they are vnwarrantable.

[Page 174]This is like Ambroses argument against merry iests; Ioca videntur dulcia & suania, cum tamen à Chri­stiana regula sint aliena: non euim in diuinis literis in­uenitur, quemad­m [...]d [...]m [...]a debeant vsurpari. Ambros. offic. l. 1. c. 23. We read nothing of them in Scripture: there­fore they are not to be allowed. Which yet is no good kinde of reasoning. The consequence of his Enthymen [...], and the Proposition likewise of their Syllogisme is vnfound.

For first an Argument holdeth indeed from the negatiue in matter of Faith, but not in matter of Fact: as to say, Hebr. 1.4, 5. Quod non lego, non credo [...], &c. Cyril. catech 4. Sine autoritate Scriptu­rarum garruli [...]a [...] no [...] habet fidem. Hieron. ad Tit. c. 1. Quod de Scriptu­ris autoritatem non habet, eadem faci­litate contemnitur qua probatur. Idem in Matt. c. 23. San­cta S [...]riptura do­ctrina nosirae regu­lam figit. Aug. de bon. vid. c. 1. In his quae apertè p [...]sita sunt in Scriptura, inueniuntur [...]mnia illa quae continent fidem moresque vi­uendi. Id [...]m de do­ctr. C [...]rist. l 2. c. 9. Cùm hoc (Euangelium) credimus, nihil d [...]sideramus vltra credere: hoc enim priùs credimus, non esse quod vltra credere debeamus. Tertull. in pr [...]script. such a thing is not expressed or reuealed in the word, therefore it is no matter of Faith, nor such as a man is necessarily bound to be­leeue: but not to say, Scriptura multa dissimulat, multa ta­citè praet-rit, &c. Aug. de nat. & grat. contr. Pelag. c. 37. & 38. & de mend. ad Consent. c. 10. such a thing is not mentio­ned or related in Scripture, therefore it was not done, or it neuer was: as for example, Gen. 4.17. Cain hath but one sonne mentioned by Moses, therefore hee had no more sonnes or children but him. Much lesse may a man reason A facto ad ius: à non fieri ad non licere. from matter of Fact to matter of Right, as to say, such or such a thing wee neuer reade in the word to haue beene done, and therefore it may not be done. For how many things are there whereof there is no example in Gods word, and yet the vse of them is generally allowed as lawfull and good? Many things there are where­of no precedent of the vse of them but in some one kinde onely, which yet may be vsed also vnto o­thers. No vse of butter recorded in the word but for foode onely: may it not therefore be vsed also for phisicke? Yea many things there are of ordina­ry vse, whereof there is no mention at all in Gods [Page 175] word, which yet all generally allow: as sugar for sweetning, printing of bookes, shooting in guns, and the like, which all by this argument are vtterly con­demned; or if they be iustified, then the grounds of it faile.

Secondly an Action may haue Voluntas Dei di­citur praeceptio, pro­hibitio, consilium, permissio. Lomb. sent. l. 1. d. 45. G. warrant suffici­ent by permission without precept or practise. For where God hath not limited the vse of any Creature or ordinance, there he hath left the vse of it free. Where he hath not determined the circumstances of any action, there what he hath not prohibited, that hath he permitted, and that is warrant sufficient for it. Where therefore circumstances are determined, the argument holdeth from the negatiue to make that vnwarrantable, that is not either expresly or by good consequence enioyned. But where they are not determined, the argument is strong enough from the negatiue to proue that warrantable that is not either expresly or by iust consequence prohi­bited.

For this cause in the point of Gods worship the argument holdeth Ier 7.31. & 19.5 Coloss 2.22, 23. from the negatiue for the sub­stance of it, because Deut. 12.30, 31, 32. God hath determined it. But in ciuill affaires it will not hold from the negatiue to disallow ought; because God hath not so deter­mined them. Else what warrant is there for bowls, for tennis, for foot-ball, for chesse &c. which yet no man disalloweth? Let one example serue for all to shew the weaknesse of this kinde of arguing. There is neither precept, nor practise (1. Sam. 14.31, to 35. at least allowed or allowable) of eating Bloud in Scripture: therefore a man may not eate a blacke pudding. In which conclu­sion [Page 176] I assure my selfe these Authours will not ac­cord with the Familists and new Sectaries. And yet may they say more against the one, then these can any of them against the other. For the one is found expresly forbidden both in the old and new Testa­ment both Gen. 9.4. before the Law, Leu. 7.26, 27 & 17.10, to 15. Deut. 12.16, 23, 24, 25 & 15.23. vnder the Law, and Act. 15.20, 29. after the Law, (to omit what [...]. Clem. constit. Apost. l. 6. c. 12. [...]. Canon. Apost. 62. [...]. Greg. Naz de pasch. In Christo omnia reuocantur ad initium, &c. ciborum libertas, & sanguinis solius abstinentia, sicut ab initio fuit. Tertull. de monogam. Sa [...]ra Scriptura nobis praecipit, vt abstineamus à sanguine & suff [...]cat [...]: meritò igitur damnamus eos qui cuiuscunque animalis sanguinem arte aliqua condiunt, & sic comedunt. Qui hoc fecerit, Clericus deponatur, Laicus excommunicetur. Synod 6. can. 67. Qui suff [...]catum aut sanguinem manducarit biberitue, 40. dies poeniteat. Greg. 3. poenitent. c. 29. sundrie of the Auncients haue held of it) but the other no where in neither. And if Galat. 5.1. Christian libertie notwithstan­ding bought with the bloud of Christ, giue Gods children a free vse of the one, how much more then of the other. If Act. 10.13, 14, 15. Rom. 14.14. Tit. 1.15. it loose them there, where they were bound before; sure it bindeth them not there, where they were free before.

§ 17. There is yet one appendix behind to this argument, that would be met with ere we leaue it.

East. historie of the Gospell, reas. 3. Scripture noteth wicked men to haue vsed Lots in sport: Sporting Lots therefore are not allowable.

Both the antecedent is vntrue, and the conse­quence vnsound. The antecedent vntrue, for it was rather a serious diuisory then a lusory Lot, that ei­ther Psal. 22.18. Sauls seruants vsed about Dauids apparell, or that Mark. 15.24. Iohn 19.24. the souldiers cast on Christs garments: not vsed by them, as Procop. in Genes. c. 28. some haue supposed, superstiti­ously, out of a conceipt of some virtue that they hoped to finde in Christs cloathes, his seamelesse [Page 177] S [...]bucula interi­or. Euthym. in Matth. c. 67. shirt especially, to cure diseases withall, as had Matth. 9.20. 21. & 14.36. & Chrysost [...]m. in Matth. homil. 87. & Theiphyl. in Matth. 27. sometime beene done, nor yet, as * others say, in despight of him done to his garments alone, but, as Cyril. in Ican. l. 12. c. 32. & Cal­uin. harm. Euang. & Maldonat. in Matth. c. 27. their vsuall custome was to diuide among them­selues the rayment of such as were executed by them, (which was, it seemeth, as among vs also it is, part of their fees;) so did they then our Saui­ours, and that in this manner, partly Baron. tom. 1. ann 34. Gualter. in Ioan. c 19. to saue that that might else haue been spoiled, and partly Suarez in 3. Thom. tom. 2. disp. 38. §. 1. & Gual­ter. ibid. to preuent all contention and strife. Neither was that act of theirs in that regard euill or vnlawfull, for ought I see, or can be said, had it beene a bootie that by some lawfull course had come to them, and could not otherwise haue conueniently been parted among them, each of them hauing an equall interest therein. For in such case euen those that condemne ludicrous Lots, yet Martyr in 1. Sā. Perkins Cas. Cō ­science, and of Witchcraft. admit them for partition of prey and spoiles taken in fight. And Admiratione di­gna militum mode­stia, &c. quòd sort [...] committere vol [...] ­ri [...]t: contra quam fratres germani multi, &c. Gualt. in Ioan. c. 19. some good Writers rather commend then condemne these Heathen souldiers their modest and equall cariage in that case.

The consequence also is vnsound. It is like the argument N. S. one vseth to condemne Natalitia. birth-day feasts, because we finde them not vsed in Scripture but by two onely, and both bad ones, Gen 4 [...] 20. Pharao an Heathen the one, and Matth. 14.6. Herode, no better, if not worse then an Heathen, the other. Which argu­ment yet will not hold; no more then to reason on this manner; Matth. 24.38. Luk. 17.16. Wicked men plant and build, and mary and make mariages; therefore planting and building and marying and making mariages are euill. Or, Gen. 31.55. Ruth 1.14. wicked men haue sometime kissed their friends at par­ting: [Page 178] therefore it is not lawfull for good Christians to doe so. Or, to come fuller home; We read not in the word Ezech. 27.12, 19, 22, 27. of Marts or Faires vsed but among Heathen, and therefore they are not now lawfull or allowable a­mong Christians. Or we read not of any but Genes. 40.1. Nehem 1.11. aliud enim [...] aliud [...] Gen. 15.2 quod Hieron. non ad­uertit quaest. in Gen. prophane Princes that kept Butlers or Bakers: therefore Christi­an Princes ought not to haue such Officers. Or, Esai. 5.12. Amos 6.4▪ 5, 6. Mu­sicke at ciuill feasts is not found vsed in Scripture but by wicked and vngodly ones: therefore the vse of it at such times is not allowable. Neither therefore is that that is alleadged, true; neither did it proue ought to the present purpose, if it were true.

§ 18. Thus haue wee gone through the maine and most forcible Arguments that are produced a­gainst lusorious Lots. For these arguments onely that are drawne from the nature of Lots, or the proper end and vse of them, are those that fight a­gainst the generall vse of Lots in disport: the re [...]t concerne the vse of them but in some sorts o [...] game; and therfore though they were all granted, yet were nothing concluded against the maine point pro­pounded, to wit, that the vse of a Lot in disport or pastime is not simply euill in it selfe. Yet it shall not be amisse to heare what the rest say.

The next argument therefore, and of the princi­pall the last and the least is taken from the other Tearme in the point questioned, to wit, recreation or game, and the right vse and end of it.

The argument thus standeth.

That is no lawfull matter of sport and pastime, wherein the end and scope of sport is not or cannot be had▪

[Page 179]But in games of Lotery the end and scope of pastime cannot be had.

Lotery therefore is no lawfull matter of sport and pastime.

The Assumption is thus strengthened:

Da [...]. de [...]ud. alea c. 9. rat. 2. The end and scope of play is thereby to exercise ei­ther the ability of the body or the industrie of the minde.

But in games of Loterie is neither of these exercised: not the minde; because there is no vse of Arte or skill, but all is put to hazard: Not the body; for men sit at them without stirring ought saue fingers and hands onely.

In games of Loterie therefore the end and scope of game is not had.

In this Argument there are two things to be chiefly obserued; and two Axiomes that the an­swere is principally to be applied vnto.

First, that it toucheth and concerneth onely such games as consist of and depend vpon meere casual­tie onely: (not those that are mixt of chaunce and arte, wherein [...]. S [...]pho [...]l. Pal [...]m & H. sych. [...] Et Plato de [...]ep. l. 2. [...]. much skill and industrie of minde may be vsed) which the Author indeed of this ar­gument onely condemneth, approuing the other: and therefore the Assumption of the latter Syllo­gisme is not true of all games wherein a Lot is vsed, neither is it the Authors minde that it should ex­tend vnto all.

Secondly, that the end and scope of recreation is not rightly assigned: which is principally, as the very name of it implieth, to [...]. Arist. pol. 8.3. [...]. Ib. c. 5. Ludus est vti­li [...] propter quietem animae & delecta­tion [...]m. Thom. sum. par. 2 2ae. q. 168. a.2. & 4. In ludis honestis voluptas praecipuè quaeritur. Martyr in Iud c 14 End of recreation to refresh body or minde. Perkins Cas. of Consc l. 3. c 4 q. 3. rule 3. & Fennor of recreat. rul. spec. §. 1. recreate and refresh the minde, or body, or both by delight.

[Page 180] Itaque Musicam à Gymnastica se­ceruit Arist. poli [...]. l. 8. c. 3. quod ista conduc [...]t [...]. Recreation therefore and Exercise are two di­stinct things; And howsoeuer a man may recreate himselfe by some exercise, as Fas est & car­mine remitti Plin. Ep 9. l. 7. Haec mihi chartanuces, hae [...] est m [...]hi charta fritill [...] Martial epig. l 13. he may also by some kinde of study: yet no more is exercise therefore recreation, then recreation is studie. Yea the same exercise may be recreation to one man that is not so to another: as when a man by the Physitians aduice draweth a bow in his chamber, which he taketh no pleasure in, nor doth for or with delight, it is an ex­ercise onely; but no pastime, as to him that shoo­teth abroad vpon pleasure. So when two ride toge­ther in hunting, the one onely to exercise his body by riding, or to accompanie or attend the other, not regarding the game; the other meerely or mainely for the game and the sport; it is an exercise onely, or an office, or seruice in the one, a recreation to the other.

The end and scope then of an action is one thing; the meanes, whereby this end and scope is effected and attained, is another thing. The end and scope of recreation is the refreshing of the body or mind, and the delight of either. The meanes whereby this is effected are diuers: For Summi viri sit se aut exerceba [...]t, aut delectabant; imò delectab [...]t ex­ercebantque: [...]am nierum est vt bis o­pusculus animus in­ [...]endatur remitta [...]r (que) Plin. ep. 9. l. 7. sometime it is done by industrious exercise of body or of minde, which commeth neerer in it owne nature to serious bu­sines, then to recreation and refreshing: in regard whereof it is said well of such as after long study betake them to Ch [...]sse ouerfoud, because an ouerwise and philosophicke follie; filling mens heads with as ma­ny fashions play-thoughts, as their affa [...]res did before. King Iames [...]. chesse to refresh themselues there­with, that they doe not leaue study, but change study, like one that leaueth binding of fagots to go to thresh hempe. Sometime it is effected without such industrious exercise, as Tale cuū carmen nobis, diuine po [...]a, Quale sopor f [...]ssis in gramine, &c. Nā neque me tantū ve­nientis sibilus au­stri, Nec percussa iunant fluctutā iit­tora, nec quae, Saxo­sas inter decurrunt flumina valies Vir­gil. B [...]col. Eclog. 5. in taking a nap, (for that [Page 181] is a kinde of recreation too), lying a long on the grasse, viewing some pleasant sight, bearing some noise of musicke, or charme of birds, and the like: and therefore the Proposition of the prosyllogisme is not sound. Now [...]. Homer. Od [...]ss. [...] Sophocl. Pa­lam. apud Polluc. animast. this may be and is vsually ef­fected by games consisting meerely or mixtly of Lots, as well as by other, with those that take delight in them. Neither is it a thing simply euill or disal­lowable to take delight in the casuall and vncertaine or unexpected euent of a thing, (that which maketh iests and witty speeches many times the more plea­sant, in regard that Iocus ab inexpe­ctato. Vise Cicer. de orat. l. 2. the answere is other in them then was expected) as being a matter light and fri­uolous; since of recreations it is not required that they be serious.

CHAP. VIII. Answere to the Arguments lesse principall against lusorious Lots.

§ 1. THus then wee haue dispatched all the principall Arguments, that tend directly to proue Lusorious Lots simply vnlawfull, and so euill in themselues. Wee proceed now to the lesse principall, that tend to proue them inconuenient and inexpedient; or such as haue beene generally disallowed and condemned by the most.

These Arguments therefore may be ranked in two rowes: The former sort of them are such as are drawne from the euils and inconueniencies that ne­cessarily [Page 182] or ordinarily attend these lusorious Lots, and the games that consist of them.

The euils that they are charged with are referred to foure heads:

  • 1. Cursing, banning and blaspheming:
  • 2. Losse of time, and decay of health:
  • 3. Vnlawfull gaine, or desire of gaine:
  • 4. And lastly, wasting of wealth.

From the first of these they thus reason:

That which causeth most horrible cursing, banning, and blaspheming, is not to be endured: Dan. de lud. alea c. 9. rat. 7. Dice-play so doth; Therefore not to be endured.

I answer: Lot games, mixt especially (but those this Author impugneth not) doe no more cause these things then Boules, or Chesse, or other like, which many take occasion by of the like outrages.

Secondly, it is not so much the game it selfe ordi­narily in either▪ that maketh men thus ouershoot themselues, as Iustinian. Cod. lib 3. tit 43. [...]ig. [...]. Et Dan. ipse vbi sup. & Calu. in E­pist. ad N.N script. the wasting of their wealth, and losse of money at or by either: which being seuered from the game it selfe, it will neither cause it with the well-disposed otherwise, nor would ordinarily occasion it with others.

These euils therefore (as the rest that follow) ari­sing not from the nature of the game, but either from the immoderate and inordinate vse or rather abuse of it, or from the euill and impious disposi­tion of the gamster otherwise, make it vnlawfull onely to those that so vse it, or are so affected at it, but not simply in it selfe, nor to those that shall vse it with due Caution in that kinde.

Yea but these Lot-plaies, saith one, doe necessari­ly [Page 183] draw or at least tempt the very best to horrible blaspheming and prophaning of Gods name: and are therefore thus specially charged afresh.

To say, what lucke is this, how crooked? is an horri­ble blaspheming of Gods name:

But Pennor of recre­at. spec. rule 4. reas. 3. Lot-games necessarily draw or tempt the best so to say:

Therefore they necessarily draw or tempt the best to horrible blasphemie.

The Proposition is thus proued:

Ibid. To say, What a God, what peruers and crooked Prouidence of God? is horrible blasphemie.

But to say, what lucke, how crooked, is in plaine words to say so:

Therefore to say, what lucke, how crooked? is horri­ble blasphemie.

The Assumption is proued; because in Lot-games there is nothing that can be accused (as in other games infirmitie or want of skill may) but Gods imme­diate direction, vnlesse we will brutishly giue Gods glory to Fortune.

To answere hereunto directly and briefly. Nei­ther doe Lot-games necessarily tempt the best to say so; neither is it blasphemie so to say. There is great difference betweene those two speeches right­ly conceiued, and as they may be and are of good Christians ordinarily vsed: yea they are nothing a­like indeed.

There is somewhat else beside God and his pro­uidence, as in all other casuall euents, so in Lots, that such speeches may be applied vnto. I am en­forced too oft (I confesse) to repeate what was [Page 184] [...]aide downe Cap. 2 §. 3.4. at first, (while I tread the maze of sundry mens fancies;) that in casuall euents there are two distinct things, the worke of the Creator and the act of the Creature: the latter whereof may such speeches be well applied vnto, and so haue no tang or taint at all of impiety or blasphe­mie. They build all vpon this wrong ground, that there is a meere and immediate prouidence of God in all Lots, which is not true, as hath Cap. 2 §. 5. formerly beene proued, you may conceiue it by examples of like casualtie in other cases: To passe by actions of contingency caried by mans will and fore-cast oft crossing vs in our lawfull and warrantable courses, (as 2. Sam. 16.21, 22 cum 12.11, 12. in Dauids despitefull wrong done him in the abuse of his Concubines by his owne sonne Abso­lome,) wherein we vse such like tearmes without a­ny impeachment of or disparagement to the diuine prouidence, which yet extendeth it selfe euen vnto those actions: Suppose a man riding on the way through the Forest, where a Deere rushing suddain­ly out of the couert maketh his Horse start and throw him: in this case for a man to say, what lucke was this? or, what a crosse accident was this? is no blasphemie, nor any accusing of Gods prouidence, but a complaining of the Creatures act and the e­uent of it. Yea for any man to censure such a speech as blasphemous, or to construe it as if he should say, What a God is this? or, what a crosse and crooked prouidence of God? were to make himselfe one of Iam. 3. [...]. those Masters, whom the Apostle Iames repro­ueth: the rather for that he chargeth that with blasphemie, wherein he cannot shew the least point of impiety.

[Page 185]For that of Fortune; if indeed by Fortune wee vnderstand such a blinde Deity, as the fabulous Poets fained, and idolatrous Infidels adored; it is idle and impious for any man to ascribe ought thereunto. But if by it we vnderstand the casuall and vncertaine motion of the Creature, whereby something beside the scope thereof is further effe­cted; so we haue Cap. 2 §. 1. heard that Eccles. 2.14, 15. & 3.19 & 9.2, 3. Ruth 2.3. the holy Ghost vseth the tearme, and Luk. 10.31, 32. our Sauiour himselfe ascribeth the Preists lighting vpon the Passenger that lay wounded on the way thereunto; By chaunce, or, by fortune (for the words are all one) a Preist came downe that way, and likewise a Leuite.

For the difference and dissimilitude of games, it is great indeed: but as there are other things that a man may as [...]be the cause of his losse vnto in other games b [...]e Gods prouidence, which yet swaieth also in them: so is there somewhat else here, to wit, the casuall motion, and various disposition of the Creature, a thing in it selfe and of it selfe distinct from Gods prouidence, as we formerly shewed.

§ 2. The second euill attending on or accompa­nying these Lot-games is losse of time, and decay of health by long sitting at them. The summe of the Argument which the Author cutteth into twaine, but may well be reduced to one, is this:

That which causeth losse of time, which might much better be spent, is vnlawfull: So Dan. de lud. al. c. 9. rat. 4 & Alex. Carpent. destruct vitior. part. 4. c. 23. Non est aliud vspi­am quod it a homi­nes quasi visco irre­titos impediat, adeò vt totes eorum sen­sus occupet non se­cus ac fascino cor­reptos. Caluin. epist. 374. qui, si modus ten [...]atur, non dam­nat tamen. doth hazard in play: Its therefore vnlawfull.

The Proposition is confirmed by the Ephes. 5.16. Col. 4.5. Apostles authoritie, who willeth Christian men to redeeme the time, Dan. vbi sup. that is, to spend their spare time in honest and [Page 186] profitable employments, as in reading on Gods word, visiting the sicke, their friends, and such like.

The Assumption is proued by the nature of this kinde of disport thus:

That which neither wearieth the body, nor cutteth of hope of conquest in time and by continuance, that re­creation causeth losse of time:

But Dan. de lud. ale [...] c 9. rat. 5 & rat. 2. & Taff. de emend. vit. l. 2. c. 19. §. 4. this kinde of disport neither wearieth the body: for there is no exercise at all in it: nor cutteth off hope of conquest in time and by continuance; because it de­pendeth wholy vpon hazard, wherein the weakest and simplest may Sic, ne perdide­rit, non cessat per­dere lus [...]r: Et re­u [...]cat cupidas (al [...], trepidas) alea s [...]pe manꝰ. Ouid art. l. 1. Qui saepe vincitur, rursus ad intentius studium, Zabulo suadente animatur. Pseudo-Cyprian. de aleat. hope, after neuer so long continued losse, at length to conquer and recouer, the dice changing their course, which they may as well doe as otherwise: and those that haue won, hope well to haue still the same luck, that before they had.

This kinde of game therefore causeth [...] losse of time, hauing no stint or end in it: which other games of necessitie must needes haue, either the body being o­uer-wearied, or the weaker side for want of skill past hope of winning.

This might haue done well for a Caution; it doth scarce well for an Argument. For first, for the pro­position of the former Syllogisme, if it be vnder­stood without limitation, that time ought to be spent alwaies in the best duties simply, it will ouer-throw all kinde of disport whatsoeuer. For it fighteth equally against all, be it of hazard meere or mixt, or of ex­ercise of bodily strength or wit. But that is not sound; neither is it the Apostles meaning or pur­pose in that place to cut of all kinde of recreation, which Gods word giueth good warrant for; but to [Page 187] cut off that idle and vaine trifling out and mispen­ding of time needlesly, not onely by recreations, but by other worldly occasions, [...]. Agatho Tr [...] ­goed, apud Clemen. Alex. stromat▪ l. 5. whereby men many times ouer-lade themselues, with neglect of those things that doe most principally concerne them, and Matth. 6 33. Ioan. 6▪27. which our Sauiour therefore would haue them to seeke principally and in the first place, vsing the maine as a by-matter, and by-matters as the maine, as one sometime said wittily; and Pr [...]ter propter vitam viuitur. En­niꝰ apud Gell. l. 19. c. 10. Magna pars vitae elabitur malè agentibus, maxima nihil agentibus, to­ta aliud agentibus. Senec. epist. 1. [...]. Clem. Alex. p [...]dag. l. 2. c. 2. liuing rather to any end then what they should liue vnto. And thus not onely gaming and play, but Luk. 17.28. buying also and selling, and building and planting, and Matth. 24.38. Luk. 1 [...].27. eating and drinking, and Luk 14.20. wiuing and wedding, and Luk. 14.18, 19. hu­sbandry and tillage may become sinnes against that iniunction of redeeming the time, when Villa non est pe [...] ­catum: & villa ta­men pec [...]atum est, si à Christo [...] remore­tur. Bernard. they shall take vp the due time of other necessarie duties. And yet are both of them warrantable and good taken in their owne time.

For the best workes simply are not euer to bee done; else should euery day be a Sabboth day, (as he sometime said in an other sense) and not any weeke day a worke day; or if the weeke bee for worke (I meane worldly worke) then the whole weeke one worke-day, and no minute or moment left for any kinde of recreation; it being a worse thing then worke, [...]. Dio­gen. apud P [...]ut. de tranquill. [...]. Ibid. since that [...]. Aristot. Ethic. Nicom. l. 10. c. 6. worke is the end of it, and [...]. Arist. Topic. l. 3. c. 1. & Physic. l. 2. c. 3. Finis praestantior [...]is qu [...] ad finem. the end is euer more excellent then what tendeth thereunto.

[Page 188] [...]. Synes. Epist. 148. No sinne indeed is euer or any where to be done: but the same good workes are not to be done at all times. Negatiua ligant ad vbique & sem­per: affirmatiua li­gant vbique & semper, sed non ad vbique n [...]que ad semper. Gerson. re­gul. mor. Negatiue commandements binde euery where and to all times: Affirmatiue precepts binde euery where and at all times; but they binde not to euery place, nor vnto all times. The worke therefore fittest for the time is euer then the best worke; because the best, though not simply, yet in regard of all circumstances at that instant concur­ring.

For [...]. Pin­dar. Pyth. ode 9. the seasonable doing of each thing is a mat­ter of much moment: since [...] Eccles. 3.1. [...]. Gr g. Naz. ad Eunom. serm. 1. there is a time and sea­son for all lawfull imployments, be they serious or lusorious, ciuill or sacred. And [...]. Greg. Naz. ibid. neither is a good action good when it is not seasonably done; nor a meaner matter omitted without sinne in his season, though it be to tend a matter in it selfe of more mo­ment. In ludi defectu potest esse pecca [...]ū. Thom. sum. par. 2a 2ae. q. 168. a. 4. Et agenti enim quie­scendum, & qui [...] ­scenti agendū. Sen. epist. 3. Alter se plus iustocolu; al­ter se plus iusto negligit. Tam hunc dicam peccare, quàm illum. Senec. epist. 114. It is a sinne for a man sometime not to re­create himselfe: it is not only a [...]. Marc. leg. spir. 199. [...]. Socrates apud Xenophon [...]. lib. 3. sinne for him to doe a lesse good when he might and should doe a greater; but Hinc meritò damnati haeretici Mesaliani Syria [...]è; Euchetae Grae [...]è dicti, quòd caeteris omnibus omninò neglectis, or [...]ti [...]ni soli toti vacarent: vt Epiphan. h [...]r [...]s. 60. & August. haeres. 57. mal [...] vulgò Psalliani▪ quod & Da [...]. nota [...]. it is a sinne for him to be about some­thing, though a better thing otherwise, when hee is called to tend a meaner matter: as it is sinne for a seruant to be reading on a good booke, yea on the Bible it selfe, when he should be seruing in his Ma­sters supper.

The Apostles speech therefore cutteth not off all recreation, it being in it selfe lawfull and good, and [Page 189] Eccles. 3.4. Zech. 3.10. & 8 5. warranted by Gods word, as that O [...]ia corpꝰ alunt, animus quoque pa­scitur illis: Immo­dicus contra carpit vt [...]mque labor. O­uid. de Ponto lib. 1. Eleg. - vir [...]s insti­gat, ali [...]que Tem­pestiua quies; m [...]i [...]r post otia virtus. Stat. Sylu. l. 4. which refresh­eth both body and minde, and maketh either more fit and better able to goe through with and hold out in more serious imployments, [...]. Arist. Ethic. Nic [...]. lib. 10. cap 4. Quod caret altern [...] requie, durabile non est: Haec reparat vires, membraque fessa leuat. Ouid. Epist. 4. Etsi enim de ignauiae desidi [...]sa (qualis Vaciae i [...]a vi [...]i hominis sepul [...]ura, S [...]n. Epis [...]. 55. & 82) verè sit dictum; [...]. Plut. de sene p [...]lit. [...]. Diogen. Laert. de Theopl [...]r Arc [...]m inten­ [...]i [...] frangit, anim [...]m remissio. Publ. Syr. nihilo tamen minus verum, quod alij: [...]. Amasis apud Herodot. lib. 2. Arcum ni cesses tendere, molli [...] erit. Ouid. Epist. 4. Ci [...]ò rumpes arcum, semper si tensum habu [...]ris. At si laxaris, cù [...] vo [...]es erit vtilis. Sic lusus animo debet aliquan­do d [...]ri, Ad cogitandum melior vt redeat tibi. Aesop. apud Phaedrum lib. 3. fab. 53. De Ioan­ne Euangelista tale quiddam refert Abraham Abb. apud Cassian. colla [...]. 24. c. 21. & Thom. sum. par. 2 2ae. q. 168 [...]. 2. & Herp. spec. aur. de praec. 3. serm. 2. Sed & de Antonio balista exemplum ad idem vsurpante Antonin. sum. par. 2. tit. 1. c. 23. §. 1. & Guil. Pepin. de con­f [...]ss tract. 2. par. 3. c. 6. ex vit. patr. which would otherwise oppresse either; and that which therefore it is Sapientis esse remittere interdum acie [...] rebus agendis intent [...]m. Aug. de music. lib. 2. cap. 14. id quod ludo maximè fit. Martyr. in lud. c. 14. qua re­missio fit [...]t per ludicra verba & facta. Thom. vbisup. Cum pueris Socrates ludere non erubesce­bat, &c. Sene [...]. de tranquill. c 15. vt & Augustus Suet. c. 83: & Agesilaus Plut. apoph. Danda est remissio animis: nec in eadem intentione aequaliter retinenda mens est, sed ad ioc [...]s re­uocanda: meliores acrior [...]sque requieti surgent. V: fertili [...]us agr [...] non est imperaendum, citò enim exhauriet illos nunquam intermissa foecunditas; ita aenimorum impetus assiduus labor frangit; vires recipient paulum resoluti & remissi: nascitur enim ex assiduitate laborum, a­nimorum hebetatio quaedam & languor. Senec de tranquill. cap. 15. no wise nor religious part for any man vtterly to neglect. It proueth losse and misse-spending of time to be sinne, as it is questionlesse [...]. Antiph [...] apud Plut. Anton. & Theophrastus teste Laertio. Hinc [...], Sapientum scitum, vt So [...]iades apud S [...]ob [...]um serm. 3. & Cl [...]m. Alex. strom. l. 1. i. T [...]m­pori parcere, vti legunt apud Cicer. de fin. l. 3. Angelius & Victor. var. lect. l. 11. c. 19. a great and a grieuous, Quem mihi dabis, qui pr [...]tium aliquod tempori ponat? Sen. epist. 1. Non exiguum temp [...]ris habemus, sed [...]ltum perdimus. Non ( [...]am) accepimus breuem vitam quàm sacimus: non inopes eius, sed prodigi sumu [...] [...] astricto sunt homines in continendo patrimonio; simul ad temporis iacturam ventum est, profusissimi in eo, cuius vnius auaritia honesta est. Senec. de breu. vitae c. 1. & 3. though too common a sinne: but it pro­ueth [Page 188] [...] [Page 189] [...] [Page 190] not that to be sinne or euill in it selfe, wherein some men, yea or many men, misse-spend their time, albeit it be euill then to them.

Secondly the Assumption maketh as well against other games that men may spend much time in, as against those of this kinde. Such are Tables and Cards as well as bare Dice: yea such is Chesse, which some also, as Modus & in h [...]c seruandus. Fuerunt enim qui posthabi­tis serijs huic vni haererent. Zuing [...]de form. adolesc. §. 3. one well obserueth, haue sat continually close at, neglecting all serious affaires: neither is there any game ordinarily that taketh vp more time then it, with those that doate on it, espe­cially where two singularly skilfull and somewhat equall concurre.

For the proofe of the Assumption; It is no sound course of arguing to reason Ap [...]sse ad [...]sse. from what may be: as to say, What a man may spend much time about with­out tediousnesse, or despaire of being euer ouerthrowne in, that a man doth mispend, or must needes mispend much time about. That indeed, if he will, hee may mispend much time about, but he need not, vnlesse he will: neither sinneth▪he if he doe not, because he might if he would. Many other things there are that a man may spend time amisse in, and more then he well may; yea wherein many doe, as in pleasant and delightfull discourse Ami [...]i sures tem­poris. Lips. t [...]mpus nobis surripientes, [...]t Senec. ep. 1. with such friends whose company a man taketh speciall delight in and could endure to discourse all day withall; or in Frequens migra­tio instabilis est a­nimi. Sen. epist. 70. Frequens ac mobilis tra [...]situs maximū perfecti operis est impedimeut [...]. Pa­ter [...]l l. 1. iourny­ing abroad, and in flitting from place to place and 1. Tim. 5.13. from house to house, and the like; which things yet are not therefore simply euill in themselues (I meane, Zech. 3 10. I [...]d. 11.40. [...] ad confabulandum. Iun. mutuall society, and iournies for pleasure) if they be not euill vsed, though they be euill to [Page 191] them by whom they are so abused.

To this may be annexed that which is alleadged by way of amplification in one of the former Ar­guments, that by long sitting at this game, while men spend whole daies at it, Dan d [...] lud. al [...]ae c. 9. rat. 2. they impaire their bodily health and strength, and get of [...] the goute. An incon­uenience arising from the immoderate vse of it; (and Soluens membra Venus, s [...]lue [...]s & membra Lyaeus, Membra resoluen­tem progenerant [...]agram. such as may spring likewise from the immo­derate vse of other things, though not euill in them­selues:) which as no wise, nor godly man but con­demneth and abhorreth; so none of the one will, or the other ought to condemne the thing it selfe so a­bused, especially where it may otherwise be well vsed, for it.

§ 3. The third euill accompanying it or occasi­oned by it is Dan. ibid. nat. 6. the feeding of couetous affections. For where is there greedier desire of gaine? where more Vnde [...] p [...]o v [...]t [...]ratori [...], Ephes. 4 14. cheating and cony-catching then in these games? Dan. ibid. yea worse are they then vsury, yea then vsurie vpon vsury: for here is increase without lone or delay of time, in an instant, and that equall all out with the maine principall: Alex. Carpe [...]t. destruct. vit. par. 4. c. 23. & Astesan. sum l. 5. tit. 30 q1. similes lusori [...]ꝰ qui C [...]ristum exuerunt vestibus mittentes sortem. Io. Gritsch. quadrag. ser. 10. worse then robery by the high-way side: stripping those that they eate and drinke with not of money onely, but of apparell too, euen to the ve ry shirt; that which theeues will scarce doe.

I answere in a word: All this may be holpe easily either by playing for nothing; or if men be of that minde, that they thinke Dicunt no [...]nu [...]i se non oblect [...]ri lu­do, nisi pro pe [...]uniae ludant. Martyri [...] Iud. c. 14. sine lucro sriget lusus. Balmf. dialog. without gaining cold ga­ming; If play be for a small matter, the losse whereof is no hurt to him that loseth it, and it be applied to a common good, it is lawfull. Per­kins Cas. of Con­scienc. l 3. c 4. q 3. rule 3. by playing for such trifles as may be won without much losse to the looser, making choise of such to play with as we know able well to spare it, and spending presently what is so won in common [Page 192] betweene the winners and loosers. Neither ought those euills to preiudice the lawfull and honest vse of any exercise that may easily be seuered from it.

Beside that this ground admitted will ouerthrow all playing, euen for victory too, as well as for gaine: since we may as well condemne, and so Satis ali [...]qui la­boramus cupiditate pecuniae, ambitione vincendi ac excel­lendi; quid hos mor­bos ludis ex [...]itamꝰ? Martyr in Iud. c. 14 some doe, the one for feeding and fostering ambitious hu­mors, as we may the other for noursing and nou­rishing couetous desires: and so all gaming for ei­ther shall together go to ground; that which seem­eth ouer-harsh, and Fac [...]ss [...]t ergo in­humana illa philo­sophia, quae non tā ­tum malignè nos priuat licito b [...]n fi­centiae diuinae fru­ctu, sed obtiner [...] nō potest, nisi hominem cu [...]ctu s [...]nsibꝰ spo­liatum in stipitem redegerit. Calu in­stit [...]ib. 3. c. 10 § 3. Christians are neither Stoicks nor Epicures. Paul disputes a­gainst both. Act. 17.18. Greenham par. 2. c. 16 § 7. to sauour rather of Stoicall austeritie, then of Christian seueritie.

§ 4. The fourth euill these games are charged with is the Dan. de lud. al [...]ae, c. 9. rat. 6. & Ius [...]i­nian. C [...]d. l. 3. [...]i [...]. 23 leg. 2. — neque enim loculis comitantibꝰ [...]itur Ad casum [...]a­bulae, posita sed lu­ditur ar [...]a. Iuuen. sat. 1. Si quis [...]abet nummos veniens, exibit inanis. Vita­lis scholin catalict. wasting of wealth and of mens worldly estates, that which should sustaine and support them and theirs, and wherewith they should be helpfull and beneficiall to others. For there is no game that men spend and wast more vpon then these, at which ma­ny make away Land and liuing, goods and chattels, iewels and plate, and their apparell from their backes. Yea Cum omnia de­fec [...]rint, ex [...]emo & nouissimo iact [...] de libertate & de corpore contendunt. Tacit. de mor. Ger­man. some when they haue plaid all away, haue at length staked them selues, if they lost, to be made Slaues: in so much that these games haue oft beene the very bane of great personages, and the ruine of great houses.

The same answere must be giuen here, that was oft giuen before. This ariseth not from the nature of the thing itselfe: it cōmeth not frō the spring, but from the filthie chanell that the streame passeth by: it may be taken at the fountaine-head without any of this filth, and it is no more defiled to those that there take it, then if there were no such abuse or de­filement at all of it.

[Page 193]Beside that on this ground might boules, and shooting, and tennis, and many other like exercises (yea Prouerb. 21.17▪ Persequi singuloꝰ longum est, quorū aut latrunculi, a [...] pila, aut exc [...]quēdi in sole corporis c [...]ra consumpsere vitam. Sen. de breu. vit. ca. 13. E [...]iā ludꝰ pilae, si immodicè vel cu­pi [...]è [...]creatur, mortale fit. Alex. de Ales sum. part. 4. q. 48. & Henr. Herp. in decal prae­cept. 3. s [...]rm 3. any game) be likewise condemned, because at such also many mispend both their time and their estates. If at these more then at those, it is be­cause they are more vsuall and more obuious: And the difference, being but in degree, may make the one worse then the other, but must of necessitie casheere both, if it condemne either.

I might well here passe by, should I not be suspe­cted to conceal somwhat that were of some weight, what is alleadged out of Lyra, that in his Praeceptorie (a little Treatise of his vpon the commandements) Ex [...]at Nicolai Lyrani libellus in qu [...] ex varij [...] scrip­toribus rationes 9. collegit, propter quas alea ludꝰ in­ter Christianos mi­nimé tolerandꝰ vi­deatur. Dan. de lud. alea c. 8. he should vpon diuers good grounds gathered out of sundrie Writers, nine especially, condemne this kinde of game, Babington on Command. 8. as coueting an other mans goods greatly; be­ing a mightie meanes of deceit; passing vsury; causing lying, swearing, brauling and many idle words; being an offence to the godly; breaking the Lawes; mispending time; and what not? and that thereupon he conclu­deth Dau vhi sup. that such games are not to be tolerated or indu­red among Christians.

True it is that Nouē circumstā ­tias enum [...]rat Ho­stiensi [...] de lud. alea dist. 1. quarū quaeli­bet est peccatū mor­tale. Lyra ad prae­cept. 7. expos. 3. & [...]asae [...] ̄ habet Alex. de A [...]es sum. par. 4. q. 48. mem 5. Lyra out of Hostiensis nameth 9. circumstances, which being all, saith he, deadly sinnes make the game therefore such that is accompa­nied therewith, as these games oft are. And in steed of those nine he might as well, with Greg. Tholos. syn­tag. l. 39. c. 3. §. 10. & I [...]doc Da [...]nuder. rerum crimi [...]. prax. c. 126. §. 15. some others, haue reckoned vp 16. for so many hath Hostiensis in certaine Hac cum toxilli [...] lu [...]end [...] crimina fi [...]nt: Ecclesiae spr [...]t [...], vsuraque, ri [...]a, rapina, Scandala, tum nuge, blasphemia, tumfaciendi Furti doctri­ [...]a, violentia, copia fals [...], Et morti [...] causa, decepti [...], perditi [...]que Tempori [...], & desiderium, corruptio (que) ingens: Isti [...] praedict [...] adulati [...], vitaq [...] turpi [...]. Hostiens. sum. de excess. praelat. verses that he citeth. To which also [Page 194] wee may adde, passing by Alexan. Carpent. destruct. vit. par 4. c 23. Astesan sum. l. 5. tit. 30. q 1. An­gel. sum. de Ludo. Henr. Herp. sp [...]c. aur. ad praec. 2 ser. 3. Ioan. Grusch. quadrag. serm. 10. part 3 Denisegem. praelict. destru [...]t. tract. 1. consid. 2. Ambros. Taru [...]s quadrag. serm. 39. consid. 2. conclus. 3. & alij quamplu­rimi. diuers that alleadge fewer, that Antoninus in his summe, and Petr. R [...]en. Al­phab. aur. lit. 11. Guil. Pepin. decō ­fes [...]tr 2. par. 3 [...].6. some o­thers out of him, raise them to an whole Amissio temp [...]ris, Blasph [...]mia, [...] [...]u­melia, D [...]ssipatio substantiae, Ecclesiae contemp [...]ꝰ, Furtū, Gula, Homi [...]idium, Inuidia, Karistiae rer [...] ̄, Laudatio ma­la; Mendacium, Negligentia, Odiū, Participatio scele­ris, Quaestio litigio­sa, Rapina, Scanda­lum, Tristitia, Vsu­ra, Xpistianitatis vituperatio▪ Anto­nin. sum. par 2. tit. 1. c. 23. & Gabr. Bar [...]let. ser. quadr. serm. hebd. 4. serm. 2. myster. 2 & Serpens antiq. tract. 4. art. 2. Alphabet of euils that vsually accompany these games, euen as many as there be aces or points on the dice: as also that Ioan. Aquila [...] & Dan. Vincent. in quadrag. ser. 5. some other Friers finde in dice-play, as R. Parker of the Crosse. one of ours of late in the vse of the Crosse, the breach of the whole Decalogue, and of all the ten Commaundements.

These, I say, I might well passe by, as well the one as the other; partly because in effect they bring no new matter; and partly because these euills are e­qually common to all games, and doe not so much concerne the nature of this kinde of play, as con­taine generall abuses of all kinde, though applied more specially to these: they are the faults of the Gamsters not of the games: and as one saith well of Lots writing of this argument of Lotery; so say I of game, and of Lots vsed in game, Legitimꝰ vsus ab illegitimo abusu distinguendꝰ est. Baro in Ion. c. 1. Nosi [...]ū est inter vsum legitimū & corruptelā discernere. Caluin. in Act. c. 1. Quod enim Meisner. philos. sobr. par. 1. praefat. Vsus habet landem, (abest culpa, saltem) crimen abusus ha­bet. Iraque quod Petru [...] à Wel in tract. de vsuri [...]; Veras in hi [...] vsus maneat, tollatur abusu [...]. The Lawfull vse of them must be distinguished from the vnlaw­full abuse.

Besides that the scope of these Authors both the one and the other (in regard whereof I may well say that they are not so sincerely cited, but forced to say what indeed they doe not) is to con­demne onely the games so vsed or rather so abused as too too commonly they are; not to quarrell with the light and lusorious vse of a Lot, nor to passe a [Page 195] peremptory sentence against the vse of all such games in generall, which Si dispositio vel euentus sortis ex­pectatur à fortuna tantùm, (quod in ludo taxillatorio fit, Thom. de sort▪ c. 5.) nullum est vi­tium. Lyra in Pro. 16. Ludus aleae qui fortunae innititur non est illicitus, vbi seruatur congruitas personae, materiae, mensurae, temporis. Idem ad praecept 7. expos. 3. Ludi docti non prohibentur vi­ris honestis animi causa tantum lu­dentibus, vel socie­tatis & sola [...]ij. Damhonder. vbi sup. Ludere ob mo­dicum quid, vt pu­eri faciunt, vel ob recreationē & mo­deratè, non videtur mortale. Antonin. vbi sup. § 2. & Barelet. ibid. pro a­dolescentibus lusus pila, pro inuenibus iactus pali, proviris vsus schaccorū, pro muli [...]ribus par & dispar. Idem ibid. Licitè potest ludi gratis, volca [...]sa con [...]ij vel recreationis. Angel. sum. & sic loan. Aquil Vincent. & cateri themselues both in the same places and else-where doe otherwise allow.

Let me ad but a word or two concerning that clause that to this Argument is annexed; and so I leaue it and passe to the next: Babington on Command. 8. The Lord forbiddeth 1. Thess. 5.22. all appearance of euill; and all occasions of euill.

True it is; Sub vitio aliquo prohibite, omnes vitij illius causae & occasiones prohibentur. Perkins arm ll. aur. c. 8. Vitare peccatae est vitare occasiones peacatorum. Melaneh loc com. [...]2. the Commandements that forbid any sinne, forbid those things also that may be occasi­ons of that sinne. But they inhibit not generally the vse of all things to all, that any doth or may take occasion of euill by. They forbid them to those to whom they are that way dangerous, not to those that may and doe vse them without danger in that kinde.

And no lesse true is it, that Christian men ought to 1. Thess. 5.22. [...]. non tantùm ab omni specie mali, vt Beza, sed specia m [...]la, vt vulgata. Et malas res & malas pa­riter species deuitare. Bern. consid. lib. 3. quicquid malè coloratum fuerit. Ibid. abstaine from all appearance of euill: that is, Quanquam Ambros. & Chrysost. ques & Calui [...]us sequitur, non tam ad vitaē quàm ad doctrinā restringunt, qua falsitatis sufpicionē habeat. Theophyl. & Oecū virum (que) adnotant. that they are both to auoid, what they may iustly suspect to be sinfull, though they doe not euidently see it or certainely know it to be such: as also Siquid mala specie malū aliquid praetendat, & si malū non sit, ne mala specie malū exemplū d [...]eis: non enim occasionē mala suspicio [...]is de vobis dure debetis cùm vos malā conscientiā non habratis. Hiruens in epist. Anselmi nomine editꝰ. to forbeare what may make them suspected to be Sinners, and to liue otherwise then either indeed they doe, or of right they ought to doe by the rules and lawes of Christianity: for further then these two branches, [Page 196] as I take it, that precept extendeth not. But how the vse of any Lot at all in game, or the vse of a Lot simply in this kinde of game, should be brought within compasse of either of these two branches, I see not; especially being so vsed as it is or may bee vsed of those that are godly and religiously dispo­sed, and with such Cautions as Chap. 9. hereafter shall be giuen.

§ 5. After these arguments fetched from the E­uills and inconueniences pretended necessarily or v­sually to accompany these games, commeth the last maine argument taken from humane testimonies publike and priuate, of such as haue either in iudge­ment condemned, or by authoritis inhibited these kinde of games. I will endeauour to bring their ar­guments into some forme that wee may the better iudge of them.

First therefore they seeme to reason on this manner:

Magistratꝰ edi­cto interdicuntur hi ludi: sed & ius canonicis seuerissi­mè detestatur. Siue òffendiculo igitur to modo ludi non potest, postquam de co lex est lata. Dan. de lud al. c. 9. ra [...]. 3. Dice I vtterly dis­allow as altoge­ther vnlavvfull: the Councels haue condemned it; the Lavves of euery good Cō ­monweale & our owne specially haue most se­uerely punished it. Babingt. on Cō ­mand. 8. - nescit e­quo rudis Haerere ingenuus puer, Ve­narique rimet, lu­dere doctior Seu Graco iubeas tro­cho, Seu mauis ve­rita legitus alea. Horat. carm. lib. 3. ode 24. Per legem canonicā & ciuilē prehibētur. Augel. Barel & alij. vnde malum hos ludos co­mitans Ecclesia cō ­temptus Alex. Car­peut. Astes. Hosti­eus. & alij vbi sup. That which is forbidden both by the ciuill Magistrate and the spirituall Gouernour, cannot be vsed without offence: But Lot-games are forbidden by both:

Therefore they cannot be vsed without offence.

The Assumption is confirmed by diuers instan­ces, which may be referred all to two heads, ciuill constitutions, and Ecclesiasticall canons.

The Ciuill constitutions are either of the whole Romane Empire; whereof some are said to be ge­nerall C. derelig. sumpt. suner. Cùm antiquitꝰ militibꝰ permissum fuisset extra operas alea ludere, queri­tur vnper. to tempore omne [...]ludere, & ludendo patrimanium exhaurire, & blasphemias postremè in deū addere: itaque deceruit nemins licere ludera aut ludentē spectare Martyr in lud. c. 14. vt nulli [...]ic [...]at in publicis vel priuatis domibus l [...]isu [...] alea ludere, neque inspicere, &c. Dan. de alea c. 7. forbidding the vse of those games to all gene­rally, [Page 197] either in publike or priuate, by being partakers in them or spectators at them; Ascon. in diuin. 2. Cic. setibit ale [...] ­tores in quadruplū petuniae esꝰ damna­tos quam ludendo amisissent. Dan. ibid. amercing fourefold for the money lost in them; Si aleator à socio sue iniuria aff [...]ctus fuerit, non dabo [...]i iudicium [...]ff de ale­ator. Martyr in Ind. c. 14. Pandect. 11. tit. 5. Si quis com apud quem a­lea lusum esse dice­tur, verb [...]rauerit, damnumne ei dede­rit, fiue quid eo tē ­pore domo eim sub­tractum sit, iudiciū non dabo. Dan. de alea c. 7. denying releife or redresse to any wronged in game; and Si quis alterum coegerit ad ludum, sumetur de eo sup­plicium ff. de alea­tor. Martyr in Iud. c. 14. In eū qui ale [...] ludendae causa vim at [...]lerit, vti quae­que res erit, anim­aduertam. Pand. l. 11. tit. 5. Dan. de alea c 7. i. qui ludere compulit. Vlpian. Digest. l. 11. tit. 5. leg. 1. vel ab initio vel victus dum retinat. Paulus ibid. l. 2. Vise & l. 47. tit. 10. leg. 26. deco qui seruum alienum ad ludum pellexerit. fining such as entice or compell any to play.

Other some are speciall, Iustinian. iu autheut. (collat. 9. tit. 15. & in Cod. l. 1. tit 6. leg. 18.) nomi­natim prohibet ne Èpiscopus, Presbyter, aut Diaconus, vel ipsi ludant (ad tabulas) vel luden­tes aspi [...]iant; si secus seceriut, in Monasterium ad triennium detrudendi. Martyr ad lud. cap. 14. forbidding some sort of men, to wit, Ecclesiasticall persons onely, the vse of them; or Lege Roscia exili [...] multabantur, qui supra facultatum suarum modam aliquid alea vel luserant vel amiserant. Dan. de alea cap. 7. condemning some particular abuse of them onely, to wit, wheremen play away more then their abi­litie will well beare. Or they are positiue lawes of some particular nations; as Babington on the eighth Com­mandement. of the Land wee liue in; wherein 12. Rich. 2. all dicing is said to be generally forbid­den; 21. Henr. 4. Dicers taken punished with six daies imprison­ment, 11. Henr. 7. and with sitting in the stockes; 17. Edward. 4. Keepers of di­cing houses with three yeares, Plaiers there with two yeeres imprisonment: and Ba­bings. ibid. of the state of Geneua, wherein the very making of dice is condemned and in­hibited.

The Ecclesiasticall Canons likewise produced in this point are either generall and vniuersall, as In canonibus Apostolorum ludus idem interdicitur. Can. 42. & 43. Dan de lud. alea c. 8. the Canons of the Apostles so commonly tearmed, inser­ted into Grat. dist. 35 can. 1. the body of the Decree, Episcopus, Presbyter, Diaconus, alea a [...] que chrie­tati deseruiens aut desinat aut damuetur. Mart. in Iud. c. 14. depriuing euery Clergie-man giuen to dice or drunkenesse, vnlesse he re­forme: [Page 198] according to the tenor whereof Canonicus quidā aleator esse depre­hensus, quodque in ludo pecunias ad v­suram dedisset, vt pro 11. numis 12. reciperet, deposi [...]us est. De excess. prae­lat. c. Inter dilect. (decretal. l. 5. t. 31. c. 11.) Martyr in Iud c. 14. a certaine Clerke in the Decretall is found deposed for being a Dicer and a Vsurer: and the Canons of two gene­rall Councells; De vita & ho­nest. Cier. c. Clerici. (decretal. l. 3. c. 1. c. 1 [...]) Ad aleas & taxillos non lu­dant, neo huiusmo­di ludis intersint. Mart. ib. & Dan. c. 7. & Gloss. ibid. nec participes erunt ludentibus, ne [...] spe­ctatores ludi. the one held at Rome vnder Inno­cent the third, forbidding Clergie-men dice and huckle­bones, either to play with them, or to be present at such play; the other Nullum omni [...]ò siue Clericum siue Laicum alea dein­ceps ludere: qui se­cus fecerit, excom­municatum i [...]i. Sy­nod. Constantinop. 6. (non 1. vt Ba­bingt.) c. 50. at Constantinople vnder the Empe­rour Iustinian, inhibiting all in generall, as well Lay-men as Clerkes, to play euer after at dice, vnder paine of ex­communication.

Or they are Particular Canons of nationall or prouinciall Synodes, as of Si quis fidelis a­lea ( [...] tabula) luse­rit, placuit eum ab­stinere: & si emē ­datꝰ cessauerit, p [...]st annum poterit com­munione reconcili­ari. Concil. Elib. c. 79. a Spanish Councell held at Eliberis; suspending euery Christian man from the Lords table, that shall play at dice or tables, for a twelue-month, vpon promise of amendment to be receiued a­gaine then: and of Babingt. on Command. 8. two French Synodes held, the one at Rochel, the other at Nimaux, both condem­ning and inhibiting the vse of these games in ge­nerall.

§ 6. For the Proposition of this argument and the conclusion following from it; as it is conceiued, it commeth not neere home to the maine point in question: If it be conceiued as it should, that what­soeuer is forbidden by the ciuill or canon Law is euill simply in it selfe, it is not true; a thing confessed by Mali sunt ludi isti, quia prohibiti; non prohibiti, quia mali Angel. de Clauas. sum. tit. Ludus. & Briart. quodlibet. 5. & Del­rio mag. d [...]sq. tom. 2. l. 4. c. 4. q. 2. Alea non est prohibita quia per se mala, sed mala facta quia prohibita, & quatenus prohibita. Et causa prohibitionis sunt mala quae communiter ex ipsis sequuntur. Angel. sum. some before alleadged in this very particular wee now deale in. Humane lawes restraine the com­mon vse of things indifferent; which things not­withstanding [Page 199] cease not to be indifferent in them­selues and in their owne nature: and so make them vnlawfull so far forth as they binde, and no further. But the maine question here is, not whether the vse of a Lot in game be prohibited by mans law, but whether it be inhibited by Gods law or no. For many things are lawfull by Gods law, that are not lawfull by mans law: as to transport such and such commodities without speciall licence, to trade and trafficke into such and such foraine parts, to eate flesh at certaine times, to bring some sorts of fish into the market for sale, and the like, which things yet are not euill simply, or in them­selues.

Yea take the Proposition as it is propounded, that Whatsoeuer is by humane Lawes forbidden, cannot be done without offence; and it is not all out true neither. For how many cases are there wherein the Summists and Casuists both Ciuilians and Canonists with the Schoole-men agre [...], that without iust offence giuen that may be done, which by the letter of some po­sitiue law is vnlawfull? Or what is more common then these and the like rules in their writings; that Intelligentia di­ctorum est ex causis assumenda dicendi. Hilar de trinit. l 4. Magis attendendū est ad causam quae moxit legislatorem, quàm ad ipsa verba legis. Thom. sum. par. 12 2 [...]. q 96. a. 6 wee are rather to marke the cause that moued the Law-giuer to make the Law, then the words of the Law it selfe: that, Ratione cessante lex quoque cessat, etiamsi verba non cessarent ff. de iure patron. l. adigere. Et c. cum cessante. de appellat. Na [...]arr. enchirid c. 4. §. 7. A law ceaseth where the reason of it ceaseth, though the letter of it doe not: that, Lex praecipiens aliquid ob aliqua inconueni [...]ntia, il­lis cessantibus nom obligat. Caietan. opuscul. tom. 1. op. 12 q 2. Panorm in c Quoniam contra. de probat. Nauarr. euebir. c 16. §. 37. A law enacting something in regard of some inconueniences, bindeth not, where such inconueniences are not: that, Causa rationabi­lis semper excusat transgressor [...]m le­gis humanae. Thom. sum par. 2 2 ae. q. 147. a 3. Archi­diac. d. 76 c. vtinā. Panorm. de obseru. Nauar. en [...]bir. c. 9. §. 16. &c. 23. § 43 A reasonable cause euer excuseth a man, in case hee breake some humane Law: and that Causa iusta vide­tur, propter quam legislator, si adess [...]t, eum pro excusato haberet. Thom. & Nauar. ibid. That cause is a iust and sufficient cause, for which the Law-giuer would [Page 200] himselfe hold the party excused: that, [...]. Ari­stot. Ethic. l. 5. c. 10. Aequitas praepon­derat iuris rigori. Gerson. reg. mor. Ipsae etiam leges cu­piuus vt iure regā ­tur: alecqui summa iustitia summa in­iustitia fit. Ibid. Common equi­tie ought to sway both in exposition of Lawes, and in exaction of things enioyned by Law: that, Fauores ampli­andi, od [...]a restrin­genda sunt. Gl [...]ss. ad ff. l. 4. tit. 4. de minor. leg [...] &c l. 28. tit. 2. de lib. po­stum leg. 19. Sensus benignior sequen­dus. Nauar. enchir. c 27. sect 283. Humane constitutions are to admit fauorable constructions: that, Respiciendum ad sinem quem legisla­tor intendit. Thom. sum. par. 2a 2 ae. q. 147. a. 3. Non pec­cat, qui implet le­gem secundum mē ­tem autoris, licèt in verba offendat. Nauar. enchit. c. 27 sect. 283. He is no Transgressor, that crosseth not the minde of the Law-maker, though he breake the letter of the Law: and lastly that, Confuetudo inter­pretatur legem. Gloss. ad Grat. d. 76. c. Vtinam. Vsus est optimus legum positiuarum interpres. Gerson. regul. moral. Custome interpreteth Lawes: yea that Lo­ges instituuntur, cùm promulgantar; firmantur, cùm moribus vtentium approbantur. Gra­tian. d. 4. c. In isto. it giueth strength to them; as on the other side that Moribus vtentium in contrarium nonnulle leges bodi [...] abrogata sunt. Grat. Lex abrogata per aliam legem contrariam, aut per consuetuàinem, non obligat. Nauar. enchirid cap. 23. sect. 41. Consentire censendi sunt superiores saltem interpretatinè in aboliti­onem legum suarum positiuarem, quando passim eac diu non obseruari scire possunt, & nec verbo nec facto reclamant. Ge [...]son. regul. moral. disuse or Counter-custome is a kinde of abro­gation of them. Let me ad that which in the present case sometime may be somewhat, what they say Non peccat qui legem non seruat, vbi & quando est valdè difficile; neque qui non seruat, vt pro stulto non habeatur. Nauar. euchirid. cap. 27. sect. 283. of him that keepeth not a Law, where it is an hard matter to keepe it, and where he should be but counted a foole if he should, that such a Transgressor is in common equity excused. In some case therefore may that be done without iust cause of scandale, the doing whereof is by humane Lawes inhibited. Neither suppose I is there any man so extreamely censorious, that be­cause flesh on Fridaies is forbidden with vs by law, he will in that regard hold a man guiltie of sinne, for euery bit of flesh, that being in company with o­thers, or hauing it readier at hand when hee is hun­grie, he shall put into his mouth, especially not do­ing it of any contempt, and being one that is regard­full of the end of that Law otherwise.

[Page 201]§ 7. For the Assumption of the former argu­ment, it would be considered, both what is forbid­den, and how it is forbidden.

For the former; neither is all Lotery vsed in game generally condemned: for there might bee vse of it in those games that the ciuill Lawes expres­ly allow, (to omit that Tertius ludius à Iustiniano probatꝰ [...] dici­tur, quando vnus scil. per sortem deli­gitur ex pluribus qui imperet reli­quis, si credamus Pollescil. 9. Gregor. Tolos. syntagin. lib. 39 c. 4. some good Lawiers sup­pose a Lot game to haue beene one of them; for what they were indeed is Vise Gregor. To­los. ibid. & Alciat. in verb. Lud. Alea. not certaine) for ioy­ning and leading, and taking of turnes, and the like; as there is vse oft thereof in that kinde in games al­lowed by our Lawes; as when in shooting by ar­rowes shuffled and seuered againe, men are sorted into sides, or it is decided who shall leade.

Neither are those games alone prohibited that consist of Lot or depend thereupon, Dubius euentus fortunae contractus illicitos non facit. Iul. Clar. sent l. 5. § Ludu [...]. Non im fortuna fu [...]datur aleae prohibitio. Delrio mag. disq. tom. 2. l. 4. c. 4 q. 2. much lesse are they reiected or condemned vpon that ground; but all games In tabulas, & tabula ludere. Au­then [...]. collat. 9 tit. 15. & Cod. lib. 1. tit. 6. leg. 18. Conc. Eliber. c. 79. [...]. Iustin. nouell. Omn [...]s pariter sunt prohibiti, etiam in quibus est nix [...]ura ingenij & fortunae. Iul. Clar. sentent. [...]. 5. §. Ludus. Ioan. Imol. in c. Clerici de vit. & honest. Cleric. & Damh [...]uder. prax. crim c. 126. at Tables (within which compasse comes euen Tabula luditur pyrgo, calculis, tesserisque. Isid. orig. l. 18. c. 60. In tabula lusoria & alea exer­cebatur & latrunculorum ludus, ques calculos Martialis appeliat. Volaterr. comment. l. 29. c. 12. Tabula lus [...]ria. Hîc tib [...] bisseno numeratur tessera puncto: Calculus [...]ic gemino discolor hosse perit. Martial. l. 14. Hinc Seneca de Canio latrunculis ludente cùm ad necem au [...]caretur; Lusisse tu Ca­nium illa tabula putas? illusit. de tranquill. c. 14. Chesse too, whatsoeuer Accurs. ad Authent. collat. 9 & Iul. Clar. sentent. l. 5. Vise Greg. Tolos. syntag [...]. l. 39 c. 3. §. 12. &c. 4. § 8. some say to the contrary) which yet, bare dice onely excepted, Martyr in Iud. c. 14. Danaeus de alea c. 9. Babington on Command. 8. those Authors whom I now deale with doe ex­presly approue; yea Ludere liceat duntaxat hes quinque ludos. Cod. l. 3. tit. 43. leg. 1. all games whatsoeuer, though Equi velequestres lignei prohibentur. Ibid. leg. 2. fabrica in medio diuerso habent feramina, per qua globulos emittebant. Balsamo ibid. by slight and skill managed, fiue onely excepted, that are in the Law there by name mentioned.

[Page 202]Againe Licèt sit prohi­bitum ludere, non tamen est perpetuò prohibitum; quan­doque enim permit­titur. G [...]ss. ad ff. lib. 11. t [...]t. 4. leg. 4. they condemne not these games simply as euill in themselues, which Alearum vsus an [...]iquares est, & extra operas pug­nato [...]l [...]us con [...]essa. Cod. lib. 3. tit. 43. leg. 1. Militia ergò alea ludebatur, ne exercitus otio tor­p [...]ret. Acro in Ho­rat. carmin. lib. 2. ode 1. they confesse to haue beene formerly vsed to good purpose; but restraine the vse of them Quiadiu noctu­que ludendo multi substantias perdūt, Deumq [...] conse­quent [...]r blasphe­mant. Cod. lib. 3. tit. 43. l [...]g. 2. in regard of some common abuse; and SCum vetuit in pecuniam lud [...]re, praterquam si qu [...] certet hasta, pila, ia­cie [...]o, currendo, saliendo, luctando vel pugnando,quod virtutis causa fiat. ff. lib. 11. tit. 4. leg. 1. forbid all playing for gaine at them; which yet at some other games Sed nec permittimus in his ludis vlera vnum solidum, &c. Cod. lib. 3. tit. 43. leg. 2. with some kinde of cau­tion, and Quod in co [...] ­uiu [...]o vescendi causa ponitur, in cam rem famillam ludere permittilu [...]. Ibid. l. 3. i. vt si pau­ciora puncta habneris, p [...]rtem amit [...]as; fiue vt ex pecunia amissa ematu [...] quo in commune vescantur. Azo. Conuiu [...] causa ludere licet. Gloss. ad decretal. l. 5. tit. 31. c. 11. at these also vpon somewhat stricter tearmes, as for somewhat to be spent priuately in common, they allow.

So that it is not the games themselues that are simply condemned, but Ludus noxius in culpa est. Gloss. ad decretal. ibid. Et Paulus ff. ad Leg. Aquil. lib. 9. tit. 2. leg. 10. imò non est ludus ex quo crimen oritur. Accurs. ibid. ex pr [...]. Iustin. ad ff. the euill and hurtfull v­sage of them, to wit, either Die noctu­que ludend [...]. Cod. lib. 3. tit. 43 leg. 2. alea deseruiens. Canon. Apost. 4 [...]. the immoderate and customary, or Substaentias p [...] ­dunt. Cod. ibid. [...]. Athen. dipnos. l. 6. [...]. Simocat. Epist. 13. the excessiue and expensiue vse of them; as both by the letter of the law it selfe plain­ly appeareth, Ludens [...]molumenti causa, & ex consu [...]tudine, alite [...] non socundum Ioan. Gloss. ad ff. lib. 11. tit. 4. leg. 1. & Ios. Mascard. de probat. vol. 2. concl. 997. § 6. Canon Apostolicus de l [...]di [...] in­telligitu [...] qui f [...]unt lucri causa. Alex. Carpent. d [...]str. vlt. par. 4. c. 23. I [...]ris vtri [...]squ [...] legesin­telliguntur d [...] ludentibus i [...] pecuniam. Astesa [...]. s [...]m. l. 5. tit. 30. §. 1. ex cupiditate, non ex soci­alitate. Ibid. §. 2. the best Interpreters according there­with; and as the Authors also that cite them doe themselues some of them confesse. Martyr. ad Iudic. c. 14. A man, well saith one of them, is not to be condemned, if being weakely or euill at ease he recreate himselfe by playing at Hazard, so he hazard not his monies: for it is especially to be obserued, what the scope was of those lawes, that [Page 203] forbad such kinde of games: now that was that men should not wast their estates: to which purpose it is enacted, that no man hazard aboue a shilling: this was the scope and drift of the Law, to prouide that monies might not be mispent. Which if they be not, then the Law is not broken.

§. 8. For the Lawes of our Land how vnfitly they are alleadged to the present purpose, to wit, See Babington on Command. 8. to proue dice to bee euill and vtterly to bee con­demned, yea or generally prohibited, Cards and Tables being notwithstanding allowed and appro­ued; may appeare by a particular surueigh both of the Lawes to that end cited, as also of others that haue since in later times beene enacted.

The 12. Rich. 2. ca. 6 first Law wherein dice are said to be gene­rally forbidden, enacteth onely that All seruants of husbandrie, labourers, seruants of any artificer or vi­ctualer shall haue bow and arrowes, and vse the same on Sundaies and Holidaies; and shall leaue all playing at Tennis, foot-ball, quoites, dice, casting of the stone, kailes, and other such importune games. The 11. Hen. 4. cap. 4. next Act imposing a penalty of 6. daies imprisonment vpon all offendors against the former. The 17. Edw. 4. ca. 3 third of them discouereth the maine scope of these acts, namely, to bring in a more frequent vse of the bow, because the defence of the Land was much then by Archers: and withall giueth diuers other grounds of the former prohibitions then reuiued and renued, to wit, sundry vnlawfull games as closh, kailes, boules, qeckbord &c. newly inuented, gaming houses erected and so commonly imploied; Gamesters thereby impoue­rished; murthers and roberies occasioned &c. Where­upon [Page 204] it enacteth further a penalty of twenty poundes and three yeares imprisonment against euery one that shall keepe, and of ten pounds and two yeeres imprison­ment against euery one that shall haunt, any such house. The 11. Henr. 7. ca. 2. fourth commaundeth that no seruant or la­bourer play at tables saue for meate and drinke: nor at any other vnlawfull game saue at Christmas, and then in his Masters dwelling house onely: euery one so offen­ding to be set in the stockes, and he that suffereth it in his house to forfeit a noble at least. To which, though not alleadged, may be annexed 19. Hen. 7. ca. 12. another Act of little later date, forbidding the same persons to play at tables, tennis, closh, dice &c. saue as aboue, with the same penalties vpon persons therein delinquent imposed.

And these are all, yea more then all, the lawes that are particularly cited. But because wee are re­ferred to another work for more matter in this kind;See more in Pultons Abridge­ment. Babington on Command. [...]. let vs see also what later Lawes haue enacted con­cerning such games, if we shall not tire out our Rea­der with proofes so impertinent.

The later lawes therefore 33. Henr. 8. ca. 9. reuiued 2. & 3. Phil. & Mar. ca. 9. forbid keeping any common house, alley, or place of bouling, coiting, closh, cailes, tennis, dieing, tables, or carding for gaine, lucre and liuing, and haunting places so kept, without speciall placard expressing what games, and what persons to vse the same: As also priuate playing at tennis, tables, dice, cards, boules, closh, coiting or logeting by any artificer, husbandman, labourer, apprentice, iourneyman, ser­uingman &c. out of Christmas, and then also any where saue in his Masters house and presence: And further, playing at boules by any man at any time in open places [Page 205] out of his garden or Orchard; seuerall pecuniary mulcts imposed vpon the former offences: yet al­lowing any seruant to play at cards, dice or tables with his Master, or any Gentleman repairing to his house openly in his house and in his presence; and permitting any Nobleman or Gentleman of a hundreth pound lands per annum to licence his seruants at his discretion to play at cards, dice, tables, boules or tennis within his house, garden or orchard, either among themselues, or with others repairing to them: 5. Edw. 6. cap. 25. Victuallers to put in recogni­sance not to suffer such games in their houses: And lastly 22. Henr. 8. c 12. reuiued 35. Elisab. cap. 7. all wandring persons vsing vnlawfull games to be punished as Rogues and Vagabonds.

By this particular recitall of the seuerall Lawes that either haue beene or might further haue beene alleadged in this argument, may to any dim eye at the first view plainely appeare, that the Lawes of our Land rather iustifie and approue then con­demnne the games questioned.

For first they forbid indeed some vse of them, but withall they forbid as well bouling and coiting and tennis, and logetting, and throwing the stone: some ex­ercises of arte and skill, some of industrie and actiui­tie, or of dexteritie and agilitie; yea bouling more strictly and more generally then either carding or dicing; which yet no man that I know doth there­upon condemne or conclude to be vnlawfull.

Againe though they forbid them to be vsed by some persons in some places at some times; yet they allow them to other persons, and those of the best note; as also to the same persons in other places at other times. See Dalions Iu­stice of Peace, ti­tle Of games vn­lawfull. Whereby it appeareth euidently that [Page 206] they restraine the vse of the games onely, but con­demne them not as simply euill in themselues; yea rather that they approue them, in that they appro­priate the common and ordinary vse of them to great personages; vnlesse we will say that N [...]mque ibi for­tunae veniā damus: alea turpis, Turpe & adulterium me­diocribus: haec ta­men illi Omnia cùm faciant, hilares, nitidique vocātur. Iuuenal. Sa [...]yr. 11. the lawes licence great ones to sinne more then others, whose greatnesse rather should restraine them from any thing that is simply euill, in regard of the hurt that their euill examples may doe.

The end and scope of the Law is partly to re­forme abuses about these games, as mispending of time and coine in common gaming houses or else­where; and partly to bring into vse an other kinde of exercise in the roome of them,In maxima for­tuna minima licen­tia. Salust. Mini­mum decet libere, cui multum licet. Senec. Troad. Ab. surdum est enim [...]. vt de Demetr. Phaler. A­then. dipnosop. l 12. Nec vlli panciora licent, quàm cui omnia. which such varie­tie of games made the more to be neglected; to wit, shooting in the long bow, a matter of much vse, and of great weight then in war.

Now for mine owne part so far am I from misli­king these lawes, that, considering the great and ge­nerall abuse of the games by them prohibited, com­mitted by such as both wast their pretiousest time, and throw away their wealth and thrift together at these exercises and the like; I wish rather that both the lawes were yet seuerer then they are, and that those that are, were better put in execution then for the most part they be.

For the French States and Synodes with their Canons and Constitutions, hauing not seene them, I can say nothing but this to them; that if they haue vtterly abandoned the vse of those games among them; (which I doubt much of) yet neither doth that proue euery lusorious Lo [...] simply vnlawfull, [Page 207] nor make the games in that regard euill vnto vs.

§ 9. For the Canon-law, it condemneth dicing and tabling no otherwise then the Ciuill-law doth, as the Glossers and Summists did before expound either: both more specially in the Clergie; because 2. Tim. 2.4. dum pastoris sensus occu­pant terrena stu­dia, ecul [...]s Ecclisiae puluis saecularis ex­ [...]oecat. Greg Mag. pastor. par. 2. c. 7. Quid seruilius, in­dignius Pontifice, quàm litih [...] insu­dare, aut litigare, aut litigantes audi­re [...] Bern consid. l. 1. many things that are lawfull to others, yet are not so fit for, or so well beseeming men of their rancke: In which regard the same Canons and Councels together with others, that forbid them the vse of these games, forbid them also Clerici officia vel commercia saecula­ria non exerceant, maximè inhonesta. Innocent. 3. decre­tal. l. 3. tit. 1. c. 15. Et Conc. M [...]gunt. 4. c. 74. all secular imploy­ment and trafficke, the baser sort of it especially; Clerici edend [...] bi­bendi [...]e causa ta­bernas ne intrent, nisi peregrinationis necessitate cōpulsi. Concil. Carth. 3. c. 27. apud Grat. d. 44. Et Synod. Con­stantin. 6. ibid. Et Concil. Laodic. c. 24. ib. Tabernas pror­sus euitent, nisi fort [...] causae necessitatis in itinere constituti. Innocent. 3. decr. l. 3. t. 1. c. 15. to go into any Tauerne, or to eate and drinke there saue for necessitie in iourney; Cl [...] ­rici n [...] in publico pila ludant: à lus [...]etiam alearum abstineant. Concil Seno [...]. c. 25. to play openly at tennis; Episcopum, Presby [...]erū au [...] Diaeconū canes [...]d venandū, aut accipitres habere non liceat, &c. Conc. Agath. c. 35. & Aurelia [...]. d. 34. Et in decret. l. 5. t. 24. c. 1. Hinc Laufre dū Episcopū venationi deditum moner [...] iubet, quat [...]us ab omni bestiarū [...]el volucrum venatione alienus penitus existat, & ni abstinuerit excōmunicandum censet Nicolaus Papa apud Grat. d. 34. Hinc & Ioan. Sarisb. polycrat. l. 1. c. 24. De virtut [...] & veritate ca [...]onum venatica clientulis suis non modò claudit ascensum, sed s [...]mmi sa­ [...]rdo [...]ij gradum adimitiam adeptum. Et Petr. Blese [...]s. Epist. 61. Clerici [...] onium non anium curā cō ­missam. Cui [...] vise & Ep. 56. Et Carol. M. [...]n constit. l. 5. c. 112. Sacerdotes venationes non exerceāt. [...]c. 17. Episcopi & Abbates cuplas canū non habeant: ex Sylu [...]strican. Et ibid. tit. 24. Venationes & syl [...]atica [...] vagatione [...] cū canibꝰ omnibꝰ seruis Dei interdicimꝰ: similiter vt acceptores & falcones non hab [...]ant. quod & ex Conc. Aurel. resertur in decret. l. 5. t. 24. c. 4. to use hunting and hauking; and the l ike, (as the Statutes of our Vniuersities, and Ludos seruiles & indigno [...], [...]rū effectꝰ ini [...]ria est, & vndecrimina oriantur, Legū studiosis interdi it I [...]stinia [...]. pr [...]m. pand. the Ciuill-lawes likewise restraine Students of many such courses) which things yet at this day neither are simply condemned as vnlawfull to all Christians, nor are generally taxed in Ministers being seasonably and soberly v­sed by them, though the abuse in this kinde may be also, and no doubt is ouer-great.

Againe neither were the Canons, it seemeth, of [Page 208] old very precisely kept in this kinde; (Hine in Sidonij A [...]uernorum Epi­scopi Epistolis tum venatus, tum aleae & t [...]ss [...]rarum cre­bra mentio: & in ipsis e [...]iam aedibus Episcopalibus alea­torium, licè [...] mini­mè publicum. lib. 2. epist. 2. neither kinde of exercise being wholy forborne by Byshops and Ecclesiasticall persons euen of good note o­therwise;) Aleae deseruiens; consuet [...] dinem in­dicat. Astesan. s [...]m. l 5. t 30 § 2. intel­ligitur sec. g [...]ss [...]m, quando ex cupidi­tate quis ludit. Ga­br. Barel s [...]rm qua­ [...]r. h [...]bd. 4. fer. 2. myst. 2. neither are they commonly vnder­stood to inhibite all vse of those games that are by them condemned.

The party reported to haue beene deposed for them in the Decretall is said to haue beene Publi [...]us alcator & vsurarius ma­ [...]festus. Decretal. l. 5. t. 31. c. 11. a com­mon Dicer, and an open Vsurer: Whereupon by that Constitution are Ludos voluptuo­sos, quorum occasio­ne, sub quad [...]m cu­rialitatis imagine ad dissolutionis ma­teriam de [...]enitur, penitus improba­mus. Ibid. all such voluptuous games condem­ned in Clergie-men, by occasion whereof affecting a courtly kinde of cariage, they fall into dishonest and dis­solute courses. But of that more anone.

§ 10. I passe to the next argument much of the same nature with the former:

That which hath beene generally both by Christians and Heathen condemned as euill, cannot to Christian men be lawfull:

But dicing hath by both beene generally condemned.

It cannot therefore be lawfull to Christians.

The answere to this argument (to omit that it commeth not home to the maine question concer­ning the generall vse of Lots in disport, which though all here said were granted, still standeth) must consist in a surueigh of the particular allegati­ons, that for proofe of the assumption are pro­duced.Of all men by generall consent as it were this vile game as most vile is detected & detested: Heathē euer hated it; Christians euer abhorred it. Ba­bington on Command. 8. Adcò vt quodlibe [...] hominum genus com [...]ni consens [...], tanquamipsius naturae ore grauissi [...]è semper alcam damnariu [...], & ex Christianorum commercio ac c [...]tu longissim [...] exploseri [...]t. Dan. de lud. al [...]ae c. 7.

To begin with Christian writers, some indeed of them condemne all vse of dice as simply vnlawfull: [Page 209] but those not many, nor till of late daies, as by the former discourse also may partly appeare. Yea they that alleadge these Testimonies themselues allow some vse of them, and such vse as the Authors al­leadged by them doe euen as much condemne as that vse that these themselues do disallow.

For Nec minus patres hoc damnosae & il­licitae inertia genus detestantur. Dan. lud. al. c. 8. the Auncients; to omit, that some other exercises, as Omninò prohibet venationum spe­ctationes fieri Sy­nod 6. c. 51. Vise & quae ex Hieronym. Ambr. & Aug ha­bent Grat. dist. 86. & Ioan. Sar. poly­cr l. 1. c. 4. hunting and hauking, haue beene as commonly, yea are more generally and perempto­rily condemned by them, which yet are confessed not to be simply euill or vnlawfull therfore in them­selues: The testimonies alleadged are not past two or three beside those that were discussed in the for­mer argument; and those either of no weight at all, or nothing pertinent to the purpose.

Dan. de lud. alca c. 8. Cyprian, saith one, as holy a man as any other in his time, saith that euen the Deuill himselfe was the first Author of this harmefull inuention: in regard whereof that godly man witnesseth that it ought with the whole heart to be accursed and abhorred of vs, since wee can haue no safe or sauing trafficke with the Deuill or any of his deuices. Whereunto it is further added that Cyprian reporteth that the Deuill, saith Dan. ibid. c. 10. one, Mer­curie the Heathens God, saith Tassin. de e [...]end. vita l. 2. c. 19 §. 6. another, hauing inuen­ted both cards and dice, caused his owne image and the images of other Idoles, to be painted on the cards (in steed whereof we haue other pictures now vpon them) to be adored euer by the gamesters, with a cup of wine and a kisse, at the entrance into game.

A man might vpon better ground argue thus a­gainst Physicke and Gold-smiths worke: Tertullian an auncient Father, and one that Da magistrum, Cyprianus dicere solitus, Tertullianū significans. Paulus Cypriani notarius apud Hieron. in Ca­talog. Cyprian commonly [Page 210] called his Master, saith that Angeli desertores metallorum opera nudauerunt, & herbarum ingenia traduxeru [...]t. Ter­tull. de habitu mul Et idem habet de cuitu soem. the vse of Hearbs for physicke, and curious working in costly mettals were in­uented by euill Angels to please women withall; and that Vt Enoch refert. Ibid. Enoch himselfe saith so in a worke of his Vide longū satis opusculi huius pseu­depigraphi [...] apud Scalig. in notis ad Euseb. Chron. yet extant, whereof that authoritie in the Iude 14, 15. Epistle of Iude is a part: But Christians may haue no dealing with the Deuill or with any of his deuices: and therefore may not meddle in that kinde either with herbs or with mettals: nor Christian women weare any gold about them: (as Tertullian supposing 1. Tim 2.9. 1. Pet. 3.3. Et Ter­tull. lsc. praealleg. the Apostles also to speake for him thereupon there concludeth;) nor Christi­an men or women vse the benefit of physicke; as Macariꝰ homil. 48. mundanis con­cedit vsum medici­nae, sanctis negat. some other of the Auncients haue held. But this argument were too weake: and yet the other is far weaker; being built vpon the testimony and au­thoritie of a meere counterfait Author.

There is a worke indeed De aleatorilus. of that argument in the In edit. Pame ana. late editions of Cyprian, (for in the In edit. Er. [...] alijs antiq. auncien­ter of them it is not;) the Authour whereof, who euer he were, (Spuria quae non sunt Cypriani, Liberde aleateribꝰ, &c. Perkins pro­blem. sure Cyprian he was not; the rude­nesse of the stile sheweth it to be none of his, Sole clariora sunt Cypriani opera. Hi­eron. catalog. B. Cy­prianus instar fon­tis purissimi dulcis incedit & placidꝰ. Idem ad Paulin. Vt discernere nequeas vtrum ornatior in loquendo, an in explicando foelicior fue­rit. Lactant. instit. l 5. c. 1. Scripsit elegantissima phrasi, & Ciceroniano candori proxima. Sixt. Sen. Biblioth l. 4. Cùmolim Africa multos ediderit eloquentia doctrinaque celebres, tamen vix vita contigit Romana dictionis germana puritas praterquam Cypriani. Erasm. praefat. who for purity of Latine phrase and finenesse of speech hath speciall commendation of all generally giuen him:) telleth an idle tale in it, how that Eruditum quendam multum meditando tandem Zabuli solius instinctu alcae vsum inuenisse, &c. a certaine learned man after long study inuented the game of di­cing by the instinct of the Deuill: and that thereupon he caused his owne picture to be drawne with the dicing tables as his inuention in his armes (for as for Cards [Page 211] or any image painted on them there is no one word in the booke) to be adored by the Gamesters at the be­ginning of their game. Whereupon he tearmeth Alcae tabula Di­aboli venabulum. the dicing Table the Diuells hunting speare: and saith that Aleae qui ladit, prius auteri cius sa­crificare debet: & sacrificio Diaboli manus polluit. who so plaieth at dice, doth first sacrifice to the Deuill the Author of that game, and polluteth his hands with diabolicall sacriledge. If any such custome were in his times, it was impious: but both the story it selfe seemeth idle and friuolous; and Testibus non te­stimonijs credendū esse lex iubet. Petr. Clan epist. 2. lib. 1. Hadrian. Imp apud Callisirat. digest. lib. 22. tit 5. leg. 3. the Author being vncertaine the authority is of no weight.

And the foolish Friers, (out of whose forge this counterfait Cyprian may well seeme to haue come, first found cited by Landulf. ae Ce­lumna in breuiar. histor. Trithem. in catalog. Antonin. sum. histor. Bergom. in supp [...]. Chron. them) haue much idle matter in them to this purpose. Odo Paris serm. in quinquaeges. Ha­zard iaē est Asta­roth, i. propriū no­men cuiusdā prin­cipis daemoniorum. One telleth vs that Ha­zard is the same with Iudic. 1.13. 1 Reg. 11.5, 33. Astaroth (or Astarte Poenis Iuno. Aug. qua. Iud. 16. [...]. Sept Vise Selden de Dijs Syris syntagm. 2. c. 2. Astarte as the Greekes speake) the proper name of one of the princi­pall Deuils: and that Taxilla diaboli altaria: & quot ibi puncta, tot oculi diaboli. Odo ibid. the dice are therefore the Deuils altars; and the points on them his eyes: at which men call on God and the Deuill together, when they say, God and good Hazard: and that those that play at them, either tables or cards, with Esai 61.11. [...] the idolatrous Iewes, Qui ponitis fortunae mensam, & libatis super eam. Vetus Lat. Vise Seld. de Dijs Syr. synt. 1. c. 1. spred a table to Fortune, Ponunt mensam fortunae qui ludunt capo­nentes se fortunae siue per taxillos ludendo sein per chartas. Antonin sum. par. 2. t. 1. c. 23 § 8. putting themselues in play vpon her. Ga­briel. Barclet. quadrag. hebdom. 4. fer. 2. Diabolus inuenit bibliam suam, i. datos, in quibus posuit 31. puncta, tanquam nigras literas. Et Odo vbi sup. Sunt libri Satanae in quibus tot puncta ques litera. Another saith that as God inuented an Alphabet of 21. letters which make vp the Bible, so the Deuill hath inuented an Alphabet of 21. Totibi peccata, quot in decijs sunt puncta. Antonin. vbi sup. & Guil. Pepin. de confess. tract. 2. par. 3. c. 6. abuses, and as many points on the dice, which make vp his blacke booke or his Bible. Autor serpentis antiqui tract. 4. de ludo. taxill. art. 1. cap. 1, 2, 3. A third telleth a long tale of a [Page 212] Parliament held by Lucifer in hell, wherein this game was agreed vpon, and a Church constituted of those that follow it, whereof Lucifer himselfe should be Pope or chiefe head, the other Deuills his Gardi­nalls, the common dicing houses the cathedrall Churches, the Tauernes parish Churches, and each familie a priuate Chappell for the 12. daies in Christmas; the dice the Missall or Masse-booke with his 21. blacke letters; and so he goeth on in his apish manner to apply all the Preists Masse-attire, and all the mysteries of their Masse to this diuelish deuice; as indeede well sute they may and sort the one with the other. And of the same stampe with these Frierly fancies, meere poeticall fictions, are that counterfait Cyprians con­ceipts: both the phrase and the frame of the worke bewray what the Author was.

§ 11. Yea but Aleam inuenit Demon. August. de ciuit. Dei lib. 4. Ba­bington on Com­mand. 8. Augustine saith that the Deuill inuented Dice; and that in a worke that is question­lesse his; in his fourth booke of the City of God.

It is true that those words are found in Augustines Index; but with reference to a place not in Augu­stines fourth booke of the City of God, where there is no such matter, saue that Varro non in re­bus humanis, sed in rebu [...] diuinis ludos s [...]enicos posuit, &c. Aug. decinit. Dei l. 4. c. 1. Stageplaies are by Varro estee­med a part of diuine worship, and that the Deuills much delighted in them; but to a place of Lewis Viues his Commentarie vpon Augustine; where Augustine saith that Societas impiorū non secundum De­um, sed secundum hominem viuentiū, & in ipso cultu falsae contemptaque vera diuinitatis do­ctrinas hominum damonaemue sectā ­tium. Aug de ciuit. Dei lib. 14. cap. 9. there is a Society of vngodly men, who liue not after God but after man, following humane traditi­ons and doctrines of Deuills in the worship of false Gods and contempt of the true God: And Viues on him; Viues ad Aug. ibid. Sunt discipli­ [...] quas damones hominibus tradide­runt. There are learnings that Deuills haue deliuered vnto men, as Magicke, Astronomic, and all kinde of diuina­tion [Page 213] except prophesie. Plato in Phad [...]o [...]monem, cui erat nomen Theuth, inuenisse scribit li­teras, arith. geom. astron. aleam, &c. Plato writeth in Phadrus (a Dialogue of his so intituled) that a Spirit or a Deuill called Theuth inuented letters, Arithmetick, Geometrie, Astronomie, and Dice, and praesented them to Thamus who was then King of Aegypt. Dialectitam qu [...] ­que hanc contentio­sam & p [...]rtinacem non dubium est ab ingenio diabolico esse profectā, quòd in verum contra ni­ti semper, & in me­li [...] dicenti nunquā cedere, & falso ve­rum gaudet vince­re. Viues ibid. And there is no doubt saith he, but that this wrangling and cauilling Logicke proceeded from some deuilish disposition: it loueth al­waies to striue so against the truth, refusing to yeeld to any that shall speake to better purpose, and by falshood reioicing to ouercome truth. Augustines Index there­fore deceiued the Authour of this Argument, and made him father that on Augustine which hee no where saith, but another onely on him, and that not as his owne neither, but as the report of an other. It is a fable of Platoes, Vnde & Aristo­teles dixit Plat [...]nis [...] Laert. Pla [...]one. whose workes are full of such poeticall fictions, though aiming euer at some morall matter. Among other of that kinde he tel­leth a tale, and [...]. Plato Phadro. he telleth it as a tale, of one [...]. Plato ibid. Hunc Ph [...]nicib [...] & Syri [...] [...], Aegyptij [...] [...], Alexādrinis [...], Graecis [...] (quod & Suidas habet) dictū, & literas inuenisse, ex Sanchuniathone Philo Bybli­ensis apud Eusib. praepar. Euang l. 1. c. 3. quod nomenà [...] Hebr. deducit cum alijs Seldon nostras ad Pur [...]. & de Dijs Syr. prol [...]g. c. 3. Theuth a Damon, or a good spirit (for Damonis enim veteribus nomen honestuns. Rhodigin. antiq. lect l. 1. c. 23. etiamsi in sacris literis semper in peioreus partem sum [...]tur, vt Aug. de ciu. Dei l. 9. c 19. so they esteemed them; in regard of their singular skill and knowledge giu­ing that title vnto them) [...], &c. Plato ibid in Phadro. who hauing inuented di­uers Arts, of speciall vse, as he deemed, to wit, of Numbring and Counting, and Geometrie and Astrono­mie, dice also and tables, and the vse of letters, came and presented his deuices vnto Thamus then King of Aegypt: and when among other of his inuentions [...]. hee * [...]. Plato in Cratylo. [...]i [...]. Etymolog. [Page 214] had highly commended the vse of letters and writing as a singular meanes for the encrease of wisedome and help of memory; Thamus made him answere, that it would rather proue [...]. cleane contrarie, a meanes to make men more carelesse, while they trusted thereto, and so more forgetfull then afore; and to make them selfe-conceited rather then soundly wise, by stuffing their braines more with variety of opinions, then with sufficiencie of matter and soundnesse of iudgement.

For the thing it selfe whether it be true or false, is not greatly materiall. For, not to make stay vpon the great variety of opinions among Authors con­cerning the first originall and inuention of these games: some referring them A Lydis famis tempore inuentos [...], caeteraque [...]mnia [...]. He­rodot. l. 1. Vise Rho­dig. antiq. lect. l. 15. c. 14. & Polydor. de rer. inuēt. l. 2. c. 13. to the Lydians, as In­uentors of the most games and sports, (by the Grammarians therefore supposed, though with small probabilitie, to haue [...]. Dionys Hal. antiq. Rō l. 2. [...]. Hesych. Ludorū praesules Lu­dios & Lydios antiqui appellabant: ex Varronè de vita P. R. Noniꝰ Mar. Ludi à Lydis quo [...] primi ad hanc rē adhibuerunt Romani ex Hetruria accitos. Isid. orig. l. 18. c. 16. Lydos Timaeꝰ refert ex A­sia transuenas in Hetruria cōsedisse [...]inde Romani accersitos artifices mutuantur, vt ludià Lydis vo­carentur [...]et si Varro ludos à ludo, i. lusu, interpretatur. Tert. de spectac. their vsuall appellation in Latine from them) others to the Grecians, and they the most [...]. Pausan. Corinth. [...]. Idem Phocic. Et Gr. Naz stelit. 1. Palamedē inuenisse [...], &c. quod & Plin. ex part. hist. nat. l. 7. c. 56. Idem & Eustath. Odyss [...]. ex Sophocl. Palamede ineunisse hunc [...]. Et Philostr. in her [...]icis Et hinc [...] Eustath. et Palamediaci calculi Cassiod. variar. l. 8. ep. 31. Et [...] apud Eùphorionē Et Sidon. car. 23. Hictalos crepitantibꝰ fritillis, Tanquā N [...]p [...]ades [...]eper tor artis. Vise Lyl Gyrald poet. hist. dial. 2. & Raph. Volater. cōment. l. 29. Et Hadr. [...]in a [...]i [...]n [...]d l. 2. c. [...] to Palamedes, (one that helpt to furnish Greece also with letters,) onely [...]. quā Micationē Latini. one kind of them Ptolom. Hephestion He­lenae [...]buit [...]pud Phot [...] bibli [...]th. 190. some ascribing to Helen: For as for Alea, i. tabulae ludꝰ inuentꝰ à Gracis in ocio belli Troiani à qu [...]d im milite nomine Alea, à quo & ars nomen accepit. Isidor. orig. l. 18. c. 60. Isidores con­ceipt [Page 215] of one Alea a souldier at Troy, it is like the learning of his times; and that which Attalus Asiati cus, si gentiliū hi­storijs creditur, hāc [...]udendi las [...]iuiam dicitur inuenisse. Ioan Sarisb polycr. l. 1. c. 5 Ludū t [...]sse­rarū & al [...]ae legi­tur Attalus Asia­ticus inuenisse, qu [...] longè melius est ig­norare quàm scire. Petr. Bles. epist. 74. Sunt qui dicāt At­talū Asiaticū ariē hanc inuenisse, & ab artificio nume­randi excogitasse. Agrip de van. sciēt. c. 14. some others haue of Attalus King of Asia, hath as little, if not lesse ground; the inuention is far auncienter. To passe, I say, by the maine current of Authors and Writers crossing Plato in this point, wee might as well vpon this ground condemne Grammar, and A­stronomie, and Arithmetike, and Geometrie, and the vse of Letters and Cyphers, as of tables and dice, as diabo­licall inuentions; seeing this fable of Plato referreth them all to the same originall and to the same Au­thor: as Vise Tertull. de coron milit. the common vse of the Heathen was to ascribe the inuention of euery Art and matter of moment to some one Idoll or other.

Chrysostome indeede (for I will conceale nothing that may seeme ought to this purpose) speaking in generall tearmes saith, that Non Deꝰ dat lu­dere, sed diabolus: noli ergò haec à Deo poscere quae à Dia­bolo accipis. Chrys. in Matth. hom 9. Play or game is not of God but of the Deuill: and that Christū sientem frequēter inuenias, ridentē nunquam, sed nec leuiter seltē subridendo gandē ­tem. Idē ib. Quod et Bern. de ord. vita: Ipsum Dominū fle­uisse legimus, ris [...]sse non l [...]gimus. Et Ba­sil. quaest. contract. 31. [...]. we reade that Christ Luk 19.41. Ioan. 11.35. wept oft, but neuer that he laughed, or so much as once smiled: yea that Nec sanctorum vllus, &c. Chrys. ibid. none of the Saints in Scripture are reported euer to haue laughed, Sara sol [...]rifisse legitur, quae & Dei voce illi ò correpta est. saue Gen. 18.12. Sara onely, Gen. 18.13. who is presently thereupon also checked for it. Which yet, saith that reuerend Father, I speake not [...]. Ib. to aban­don laughter, but to bannish loosenesse.

Thus Chrysostome: which yet is not all out sound or true neither: For did not Gen. 17.17. & 18.14. Inde Isaak dictus quasi si Gelasium dixeris. Abraham laugh too as well as Sara? and yet is he not taxed nor rebuked for so doing; nor indeed was Sara simply rebuked for laughing, but for doubting, yea if I may say so, [Page 216] for mocking: Admirantis, non dubitantis. Aug. ocut. l. 1. exultatio gandentis, non irri­s [...]o diffidentis. Eu­cher. in Genes. l. 2. c. 26. Abrahams laughter, as the Auncients haue well obserued, proceeded from ioy, Saraes sa­uoured of distrust. Neither is it at all to the present purpose: For howsoeuer Pet. Martyr in Iud. c. 14. Et Guil. Stuck. antiq. cō [...]iu. l. 3. c 23. some haue thought that Chrysostome therein should allude to that fable of Plato before rehearsed and discussed: and Ioan. Aquilan. & Dan. Vi [...]cent. quadrag. serm. 5. others haue applied that speech of his to the games here questioned; yet in truth it is apparent that hee had an eye to Exod. 32.6. 1. Cor. 10.6, 7. the Israelites disport, which he there also mentioneth, by them vsed at the worship of the gol­den Calfe: and that he speaketh onely (as the se­quell of his discourse plainely sheweth) of [...], &c. Chrysost. ibid. Stage­plaies and such like as among the Heathen were ce­lebrated in honour of their Idoles; (as De ludis theatra­libꝰ l [...]quitur. Mar­tyr in Iud. c. 14. some also of the same Authors themselues well obserue) which indeed may be well tearmed a diuelish inuen­tion both as they then vsed them, and as they are vsed at this day; as also that graue father to the same purpose further saith, that the Diabolus in vt­bibus theatra ex­truxit. Chrys. ibid. Deuill was the first Builder and Founder of Theaters. And surely some good ground there was for Chrysostome to fetch the pedigree of Stageplaies from him, Non tam homi­num vitij [...], quàm daemonum i [...]ssis in­stituti. August. de ciuit. Dei l. 1. c. 32. & Isidor. orig. l. 18. c. 59. Cùm pesti­lentia esset, pacis D [...]ûm exposcendae causa lectist [...]rnium fuit: & cùm vi [...] [...] [...]bi nec humanis consilijs, nec ope diuina leuaretur, victis superstitione animis, ludi quoque scenici, noua res bellicoso populo, inter alia caelestis ira placamenta instituti dicuntur. Liu. hist. l. 7. Ludorum primum initium procurandis religionibus datum: quorum prima [...]rigo ponenda visa est, vt appareret, quàm ab sano initio res in hanc vix opulentis regnis tolerabilem in saniam venerit. Ibid. Lydi ex Asia transuenae in Hetruria inter caeter [...]s ri [...]us superstitionum suarum, sp [...] ­ctacula quoque religionis nomine instituunt: [...] ijs Romani ludos suos [...]tuati, qu [...]s diebus fe [...]i [...] & templi [...] & religionibus deputa [...]ant. Tertu [...]. despectac. quem vise. Spectacula odire d [...]bes, Christi­ane, quorum [...] tisti autores. Isidor. orig. l. 18. c. 64. for whose honour and at whose commaund at first they came in, who was directly and euidently honoured in them, and who Hinc apud Liuium aliosque toties libris sacris inspectu ludos [...]uberi. euer and anone in honour of [Page 217] his Idoles enioyned them and called for them. But for dice and tables both Plato and the counterfait Cyprian speake without ground, the one professing but to tell a tale, the other pretending to relate a true story, but an idle one, and one as improbable as the other. Howsoeuer I denie not, but as the Apostle tearmeth some heresies 1. Tim. 4.1. Doctrines of Deuils or diue­lish Doctrines: and Viues Di [...]lecticam c [...] ­ [...]entiosam ab inge­nio diabolico profe­ctā. Viues in Aug. vbi sup. wrangling Sophistrie (for so I suppose his meaning is) a Diuelish deuice: so the abuse of these games, in regard of such impie­ties as accompanie it, may well be tearmed, as some haue tearmed it, Haec ars m [...]nd [...] ­ciorum, [...]periuriorū, furtorum, litium, iniuri [...]rum, homici­diorum mater est; verè malorum dae­monum inuentum. Agrip. de vanit. sci­ent. c. 14. a Diuelish inuention, and Chaucers pardo­ner. a seruice of Sathan: and our common Idem ibid. Dicers may well be marshalled among the flocke of his fol­lowers.

§ 12. Thus then haue we examined two of the Fathers produced in this point, and haue found the one to be a forger and the other forged: the one a counterfait pretending to be him whom he is not; the other hauing that fathered on him that indeede is not to be found in him.

There remaineth one other onely of the aunci­ents, though one not very auncient, and that is Ber­nard; Pics Christianos Hier [...]solymis ale [...] detestari. Bern. &c. Dan. do lud. al. c. 8. reported to write, that the godly Christians at Ierusalem detested the vse of these games.

But let Bernard speake out, and he will speake little to the point. Sca [...]cos & aleas detestantur: abhor­rent vena [...]ionem: nec ludicra illa aui­u [...] rapina, vt asso­let, del [...]ctantur. Ber [...]. ad m [...]lit. tem­pl. c. 4. Chesse and Dice, saith he, they detest: hunting they abhorre: hauking, as the manner is, they take no delight in. And againe, Viuitur planè absque vxoribus & absque liberis in E­uangelica perfectio­ne. Bern. ibid. They liue al­together without wines or children, in an Euangelicall, or Angelos terre [...]os, imò coeli ciues c [...]sti­t [...]s facit. Bern. de diuers. serm. 3 [...]. & in Cant. ser [...]. 27. Angelicall perfection, as at other times he tear­meth it. So that he ioyneth Chesse and Dice toge­ther, [Page 218] as Poenitentiam E­piscopo ob scaccorū vsum iniunxit Pe­trus Damian, in E­pist. ad Hildebr. quod & à Baronio defenditur annal. tom. 11. ann. 1061. num. 42. Vise Vin­cent spec. histor. l 6. c. 52. & Guil. Pe­pin. de conf [...]ss. tract. 2. par. 3. c. 6. some others also doe passing the same sen­tence vpon either: the one whereof the Author that citeth him, approueth, nor doth he vtterly con­demne the other. And he saith that as well Hunting and Hauking as gaming are alike abhorred of them. To be briefe he speaketh of the Ad Milites Tē ­pli. Knights of the Tem­ple, a company of persons retired from the world and worldly things, addicted to a monkish course of life, restraining themselues from the lawfull vse of the good ordinances of God, and affecting a super­stitious and more austere manner of cariage then God or his word hath tied any man vnto. Their example therefore as it is no precedent to others, so it is no prejudice to any that shall swarne from the same.

§ 13. From the auncient Fathers passe we on to Profanos homi­nes audiamus, qui verbi Dei luc [...] de­stituebantur [...]à qui­bus tamen quid de tam turpi rerum gener [...] sentiendum fit inte [...]igamus. Dan. de lud al. c. 6. Heathen writers. Babington on Command. 8. Tully, say they, obiecteth dicing to Catiline and his Complices: Babingt▪ ibid. Yea when hee would spit fire in Antonies face, Dan. de lud. aleae c. 6. he laieth to his charge that he was a Dicer himselfe, and his house a common re­ceptacle of such.

True indeed: Tully in the sixth rancke of Catilines Companions placeth Aleatores, adul­teri, impuri impu­dicique omnes. Ci [...]. in Catilin. orat. 2. Dicers and adulterers, and filthy folke of all fashion: as else-where also he noteth di­uers of them to haue beene Vino & ale [...] de­diti Ibid. 3. Dicers and Drunkards. He taxeth Antonie likewise for a common Vino & epulis re­tentus & alea, fi epulae potius quàm popinae n [...]minandae sunt. Cic. Philip. 3. Dicer and a Drunkard: and Licinium Lenti­culam de alea con­demnatum collusorem suum restituit, &c. Ibid. 2. Hominem. vero omnium nequissimum, qui non du [...]itaret vel in foro alea ludere, lege quae est de ale [...] cond [...]natum▪ qui i [...] integrum restituit, i [...] non apertissimè studium suum ipse profitetur? Ibid. a fauourer and restorer againe of such as for such doings had beene condemned: and a­mong other things describing his running riot and [Page 219] reuelling, he telleth how Nihil erat [...]lau­sum, nihil obsigna­tum. apothecae totae n [...]quissimi [...] quibus­quam condonaban­tur. alia mimi ra­pi [...]bant, alia mim [...]. domus erat aleato­ribus referta, plena ebriorum. totas dies potabatur, a [...]que id locis pluribus. sug­gerebantur etiam saepe damna aleato­ria, &c. quamob­rem desinite mirari haec tam celeriter consumpta. non m [...] ­dò vnius patrimo­ [...]ium q [...]amuis am­plum, vt illud fuit, sed vrbes & regna tanta nequitia de­u [...]rare pot [...]isset. Cic. Philip. 2. by dicing and drinking and other riotous courses he had suddainely wasted and made away all those ample spoiles, that vpon Pom­pey the Greats fall had come into his hands; his ex­cesse being such and his prodigalitie so great, that it was able soone to consume the riches of whole realmes. Who so readeth but the places shall easily see, what Tully condemneth in either of them and their crew.

But doth Tully therefore vtterly condemne all vse of Tables or Dice? Nothing lesse. Hee alloweth else-where the vse of them Homines labore quotidiano assueti, cùm tēpestatis cau­sa opere prohiben­tur, ad pilam se aut ad talos aut ad tes­seras conferunt, aut etiam no [...]um sibi aliquem excogi an [...] in otio ludum. Cie. de oratore lib. 3. to men wearied with o­ther ordinary labours, or by weather restrained from o­ther exercises abroad: At alij, quia praeclarè faciunt, v [...]hementiu [...] quàm causa postulat delectantur, vt Titius pila, Brulla talis. Ibid. so that they dote not vpon them and so grow excessiue in them, as some doe vpon tennis and other exercises sometimes. But in more speci­all manner he deemeth them very fit recreations, as Martyr in Iud. c. 14. another before for sicke and weakely persons, so hee Habeant alij sibi arma, equos, hastas, [...]lauam & pilū, nat [...]tiones & cu [...]sus: nobis senibꝰ exlusionibꝰ multis ta [...]s relinquant & tesser [...]s▪ Cic. de senect. for old men, growne vnwealdy, and past games of actiuitie. As Sidonius also an auncient French Bi­shop accordin [...]ly setteth M [...]x biperti [...]is, erat vt aetas, profertur, his pila, hisg tabula Sidon. l. 5. ep. 17. Et de Ra [...]enna, vbi peruersa cuncta; Student pila sene [...], aleae inuenes. Idem lib. 1. ep. 8. Hinc & Augustus in epist. ad Tiberium: Inter c [...]nam lusimus [...]. Suet. Aug. c. 71. the young-men to tennis and the old-men to Tables: by whose writings also, as Io. Sauar. not. ad Sidon. one writing on him well obserueth, it appear­eth, that Hinc ad Saloniū, Quamdiu a [...]tritas tesserarū quondam iactibꝰ manꝰ contra ius fasque sibi vendicant in­str [...]menta Cereali [...]? Sidon. l. 8. ep. 8. Et de Lampridio rhetore; Aleae, spherae noniuxta deditꝰ, &c. Ib. ep 11. Hinc & in Ferreoli, quē collaudat, aedibus spharisteriū, aleatoriū, bibliotheta, Idēl. 2. [...]p. 9. learned men, yea and Diuines too, in his time did ordinarily vse such kindes of disport: the [Page 220] Bishop himselfe vsing also both In hui [...] nemori [...] opacitate, cùm me meꝰ Hecdicius illu­strat, pilae vacan.ꝰ; sed hoc donec arbo­rū imago cōtractior aleatorium ill [...]c l [...]s­sis consumpto sphae­ [...]isterio faciat. Si­dō l. 2. [...]p. 2 & ep. 17. l. 5. Pilae primꝰ ego signiferfui, qui mihi, vt nosti, non minus libro c [...]m [...] habitur. frater meꝰ Domnicius tesseras [...]p [...]at, quatie [...]at­que, quo veint cl [...]s­sico ad pyrgū v [...]ae­b [...]t alcatores. priuately to play with his familiar friends in his owne house as well at Tennis as at Tables; and bearing the Emperor The­odorike also sometime company at that game; whose ciuill and moderate and courteous demeanour at the same in one of his Epistles hee thus very wittily describeth: Horis meridlanis vir [...] tabula cordi est: tesseras colligit rapidè, inspi [...]it so­licitè, volit argu­ [...], mittit instanièr, [...]oculanter compel­lat, patienter ex­pe [...]at; in bonis ia­ctibus tacet, in ma­lis ridet, in neutris irascitur, in vtris­que philosophatur: secundas fastidi [...] veltim [...]re vel face­re; quarum oppor­tunitates spernit oblatas, transit op­positas: sine motu cuaditur, sine colludio [...]uadit. Putes illum & in calculis arma tractare: solae est illi curae viucendi. Sidon. lib. 1. epist. 2. At afternoone houres oft hee betaketh himselfe to Tables: the Dice he catcheth vp nim [...]lie; vieweth warily, shaketh cunningly, casteth speedily; cal­leth for his chaunce merily, and expecteth it as patient­ly: in good casts he is silent, at euill ones hee smileth; he is angrie with neither, hee carieth himselfe wisely in either: a good chaunce he scorneth either to feare or to make: the opportunity whereof hee refuseth when it is offered him, he letteth passe when it goeth against him: he is neither moued if he be defeated, nor vseth couine to defeate: he behaueth himselfe at game, as if he were at his weapon; his care is all how to win. Cùm ludendum est, regiam sequestrat tant [...]sper s [...]ueritatem. H [...]rtatur ad ludum, libertatem, communionemque: dicam quod sentio, times ti [...]eri: denique [...]bl [...]ctat [...]r cammo­tion [...] super [...]i, & tunc demum credit sibi [...]on cess [...]sse collegam, cùm f [...]dem fecerit victoria suae bil [...] alie [...]a. Ibid. While he is at play, he setteth aside his royall state: he inuiteth those be plaieth with, to froliknesse, and freedome, and fellow­like behauiour: to speake as I thinke, he is afraid to bee feared: in a word, he loueth to see them moued, whom he hath beaten in play, scarce beleeuing but that they plaid booty, if they be not throughly angry. And hau­ing told how that oft many obtaine suites at game of him by watching and taking their time; Tunc ego etiam aliquid observaturus f [...]eliciter vin [...]or, quando mihi ad h [...]c tabula perit, vt causa saluetur. Ibid. I my selfe, saith he, also when I haue a suite to him, am some­time [Page 221] luckily beaten by him, and am well content to loose my game to him, that I may gaine my suite of him.

§ 14. But to returne to our taske: Babingt. on Cō ­mand. 8. Augustus, say they, got by his dicing a reproach neuer dying, euen to be counted a dissolute man: and S [...]nius scribit hoc idem pro summo vitio in summo & aliàs op [...]i [...] illo principe [...]abitum fuisse, ad [...]ò vt mag­nis illius virtut [...]bus foed [...]m aleae labem asperserit. Dam. de l [...]d. al. c. 7. it was reputed a no­torious vice in him who was otherwise both a very great, yea and a very good Emperor; but this infamous blot bleamished all his other great virtues.

Su [...]tonius indeed reporteth that Augustus was Nota [...]us est [...]t [...] ­lea indulgens Suet. Aug. c 71. taxed by diuers for his common dicing; and a rime thereupon made of him to this effect;

Postquam bis classe victus naues perdidit; Aliquan­do vt vincat, l [...]dit assiduè al [...]am.
At sea twise beaten, and his ships lost twise;
To win yet once, all day he plaies at dice.

Yet Suet ibid. Aleae rumorem nullo mo­do expauit: lusit­que simpliciter & palam oblectamenti causa, etiam sene [...]. Suetonius, and so Casaub. ad Su [...] ­ton. & Greg. T [...]los. syntag. l. 39. c. 3. § 8. others, seeme withall to excuse him in part, alleadging, that hee plaid simply and openly for delight alone, and that euen in his old-age too. But Prima inuenta [...]iorum dedecorū infamiam subijt. Su [...]ton. Aug. c. 68. Cirsa libidines hae­sit, ad vitiand [...] virgines promptior. Sueton, ibid. c. 71. he had fouler matters that bleamished his fame, some Effoeminatu [...], cinaedus aua [...]ijt: vnde in contumeliam eius acceptum illud de Gallo tympanizante pronunciatum, Viden vt cinaed [...] orbem digi [...]o temperet. Suet ibid. shrewdly suspected by him, some Adul­teria exercuisse ne amic [...] quidem negant. Ibid. c. 69. confessed euen by his freinds: and his fault h [...]rein was twofold; partly that hee was Nosquinquat [...]ijs satis iucundè egimu [...]: lu­simus enim per omnes dies: ego perdi [...]i viginti millia num [...]iûm [...]o nomi [...]e: sed cùm eff [...]sè inlus [...] liberalis fuissem, vt soleo plaerumque. Augustus apud Sueton. c. 71. somewhat too profuse, and spent more at play then was meete, though Quadring [...]nis in punctum H.S. aleam lusit Nero. Suet. Ner. c. 30. nothing to that, that some of them did, that succeeded him: and partly that he vsed game Ac praeterquam Decembri mense, alijs quoque fos [...]i [...] pro­fessisque dicbus. Suet. Aug c 71 quibus negotia magis tractari solent, quàm ludus talarius exerteri. Phil. Beroaeld. som­what vnseasonably, as Quoti [...]s o [...]iū esset, alea se obleclabat, etiā profestis di [...]bu [...]. &c. Suet. Domitian. c. 21. some other also of his Suc­cessors did, in bestowing vsually that time on his sports, that other serious affaires might more iustly [Page 222] haue laid claime to. This was taxed in him, not the game it selfe simply.

Againe, Claudius stolidi ingenij indicium maximè ex eo de­dit, quod aleae ludo summè delectare­tur. Dan. de lud. al. c. 7. Claudius, say they, was hereby especially noted to be of a dull and sottish disposition, because hee tooke so much delight in Tables and Dice.

Claudius is indeed noted to haue beene Aleam fludioses­simè lusit: de cuius arte librum quoque emisit: solitus euā in gestatorio lude­re, [...]a [...]ssedo alu [...]o­que a [...]aptatis, ne lusus confundere­tur. Sueton. Claud. c. 33. a very serious Dice-player, in so much that hee wrote a dis­course of the game, and vsed to play by the way as he rode in his Coach, hauing the Tables so fastened to the seates, that the men might not mingle and the game be marred: whereupon also Seneca in derision of him relateth how that after his decease he should be put in hell to this penance, Alea ludere p [...]r­tuso fritillo. Senec. [...]. to take his dice vp with a box that had an hole in the botome, and so made him still loose his labour. But I finde not where his bent and study that way is made a note of his stupi­dity, neither see I how it should so be, (the game v­sed by him requiring [...] à Pa­lamede in [...]ntam [...]. Philostratus in [...]e­roicis. Vise quae pri­us ex Platone, S [...] ­ph [...]cle, Pl [...]t. He­sych. alijs. Sed & Ouid, trist l. 2. Sunt alijs s [...]riptae, quibus alea ludit [...], artes. Art and dexterity for the ma­nag [...]g of it) nor if it were, were it any whit mate­riall to the point that is here questioned of the law­fulnesse or vnlawfulnesse of the game in it selfe.

§ 15. Yea but Dan. de lud. al [...]a c. 7. & Babington on Command 8. Gobilo, or Agripp. de van­scient c 14. Cobilo, or Ioan. Sarisb. po­lycrat. l. [...]. c. 5. Et Pe [...]r Blesens. Epist. 74. ex Sarisb. in vocula vna & alt [...]ra corrigendas: & Taffin, de emend. vitae l. 2. c. 19 § 7· Chilo, or Chaucers Pardoner. Stilpo, or some Spartan or other (for vpon his name they cannot accord) comming to Corinth to treate of a league betweene his Countrimen and them, obseruing Duces & se [...]i [...]res populi Indentes in aleae. Sarisb. & Blesens. & Taffin. the Corinthian Gouernours (or Corinthros ludo [...]uinsmodi populariter addictos. Danaeus. the people generally) to be commonly giuen to that game, went this way againe Infecto negotie. Sari [...]b. & Ble­sens. without conclusion, yea or Re etiam non tentata, Dan. treaty of ought; as deeming it a matter both dishonest and dangerous to [Page 223] be in league and amity with such idle persons and game­sters as they. And R [...]x Persarum talos ad D [...]m trium r [...]gem Asiae misit, ignauiam hominis notans. Dan, de lud. aleae c. 7. & Hadr. Iun. aenimad­ [...]er. l. 2. c. 4. & Babington on Cō ­mand 8. the King of Persia, say some, Regi Demetrio à rege Partborum tali aur [...]i sunt da [...], vt notaretur in eo leui [...]as p [...]erilis qui in maiesiate regia l [...]uibus intendebat. Ioan Sarisber. l. 1. c. 5. & Pe [...]r Bl [...]s. epist 74 & Agrip. c. 14. & Chaucers Pardouer. of Parthia, more truely say othersome, sent Demetrius King of Asia golden Dice for a present, thereby noting his slouth, say some, his childish lightnesse, say others, that in royall estate tended such toies.

All this needeth no long answere. Luxus Corinthi­acus in vasis & su­pellectile preti [...]sa, in re item meretr [...] ­ciae in adagiū [...]l [...]m abierat: vnde & versiculus, [...]. Vise Agell. l. 1 c. 8. Aristoph. Plut. & Suet. Aug. c. 71. The Corin­thian loosenesse both in that kinde and otherwise (which no well minded man will either excuse or defend) might well discourage a Spartan of a gene­rous and warlike disposition from proceeding in a busines of such weight as that was: though the story be scarce found in any authentike Author, and the alleadgers of it vary in their reports. But take it for vndoubted, yet neither doth that proue that no Lot in or about game may lawfully be vsed, which [...]. Pa [...]san. La­con. the Spartans, as well as Vise quae suprae. other Greekes, vsed for the ioi­ning of them together, that in certaine Games they had for their youth, were to fight either with other; nor that these kinds of Lot Games were not vsed at all in Sparta, it being noted to haue been a common byword with one of their Commanders, that [...]. Lysander apud Plut. apophth. addit Dion. Chrys. orat. 74. in priore membro, [...], inpasteriore, [...], non vt v [...]lgò [...]. Hoc tamen Dionysio T [...]yran [...] tribuit Plutar. dem de fort. Alea. l. 1. Sed & Polycrati alios, alios alijs adscriber [...] testatur idem sympos. l 9. c. 12. & in vita Lysandri Polycratem ips [...] hac in re imi­tatumex Androclide m [...]morat. Chil­dren vse to be co [...]sened with Balls and Dice (or Huckle­bones then vsed as Dice) and men cheated with words and oaths.

For the Dice that the one King is said to haue sent to the other; the story is by them much mistaken, much at least misreported. Ex Trogi historia Instinus epi [...]em. l. 38. The Dice were indeede [Page 224] by Phraartes King of Parthia sent to Demetrius, who had sometime bin King of Syria, and a valiant man, as the Parthians well knew, hauing been Còm multis con­gressionibus victor fuisset, repenté cir­cumuentus insidijs aemisso exercitu ca­pitur. Iustin. ibid. oft beaten by him; but then, surprised by a traine, was prisoner in Parthia; where though honourably vsed, yet de­sirous of liberty, hauing twise attempted to breake away, and being twise brought back againe, he had these Dice sent him, not to tax him of sloth, or for tending such toyes, but Talis a [...]eis in exprobrationē leui­tatis puerilis donae­tur. Iustin ibid. to note, faith mine Au­thor, his childish inconstancy, or rather (thinke I) to shew him what he must wholy tend, without at­tempting of greater matters, vnlesse he grew weary of his life. But admit one King in derision had sent such a present to another: as we reade in Holinshead in Henry 5. our owne stories, that the Dolphin of Fraunce sent a tun of Pa­ris-bals sometime to Henry the fift, though without iust cause, and with no great good successe: yet would not that proue the vse of the one to be euill or vnlawfull, no more then this doth the other. It is indeede an vnseemely thing and a great disparage­ment for a King Quomodò Socra­tes Lysiae, [...]. Dio­gen. Liert. Socrate. to addict himselfe to either of those or any the like sports, though good and honest otherwise in themselues, Prae [...]larè Themi­stocles, Magistra­tus à ludis & leui­oribus arcendos, ne respub. ladere vide­retur: quod à no­stris v [...]tnam audi­retur, vt nugis suis reipub. seria ante­ferrent, Ioan. Sa­risber. poliaraet. l. 1. c. 4. with neglect of State-bu­sines and of serious affaires, or - uescit equo ru­dis Haerere ingenuꝰ pu [...]r, Venarique ti­met; ludere doctior s [...]u Graeco iubeas trocho, Seu mauis v [...]t [...]a legibus aleae. Hor. can. l. 3. [...]de 24. of such other exer­cises as better beseeme his place and person; which hath beene [...] de Hegosilocho Rhodio Theopomsus hist. l. 16. apud Athenaeum l. 10. quem & l. 12. argum utum hoc copiosiss [...]mè persequentem vides [...]s. a foule blemish to diuers Princes and great personages, [...]; Plus. de aud poet. Et Simocat. epist. 13. [...]. such especially as were sprung [Page 225] from Parents that had taken the cleane contrarie courses: In which regard Iacob. Rex [...] lib 3. our royall Soueraigne right wisely aduiseth that hopefull Prince (that then was, but, to our woe, now is not) his sonne, lea­uing the ordinarie vse of Dice to deboshed Souldiers to play at on the Drum-head, and tumbling trickes to Plaiers to win their bread with, to make choise ra­ther of riding, and tilting and hunting and the like, such exercises as best beseeme a Prince and Idem ibid. Vise & Rob. Valturi [...]m dere milit. l. 4. c. 4. may further fit him for martiall affaires. But yet the euill practise of the former doth no more preiudice any Prince that shall vse [...]. Xenoph. Cyripaed. l. 1. [...]. A [...]hen lib 1. Venatione ferarum nos exerceri ad si­militudin [...]m bectieae disciplinae. Cic. de nat. deor. l. 2. Vir acer in bellis, & ve­natu memorabili semper inclytꝰ, &c. quo duratus so, lem & puluerem bellis Persicis tulit. Trebel, in Odenat [...]. the same exercise of Ten­nis or Tables in sober and seasonable sort; then the riotous courses of luxurious Princes ought to restraine the royall entertainment of others per­formed vpon iust occasion, and agreeably to their estate.

§ 16. In the last place are Poets produced for the condemning of dice. And Poets indeed, Sa­tyrists especially, are the common scourges of the vices and abuses of their times. Neither is it my purpose to be either a Pandar to any sinne, or a Pro­ctor to pleade for it, to excuse or extenuate, much lesse to iustifie or acquit any abuse vsed in game: (let my tongue first cleaue to the roofe of my mouth, nay let it rather rot to the very roote in my mouth, then that I should once attempt ought in that kinde;) but to consider onely of these games pared from such abuses, as men may, if they will, and I doubt not but many doe, vse them. But let vs heare what these Poets say.

Babington Cō ­mand. 8. The Poet putteth it among the common Canckers [Page 226] that consume men and make Beggars of them, Dic [...], Wine, and Women.

When I first read this, I remembred indeed [...]. Antholog. l. 1. c. 57. a Greeke Epigram wherein Baths, Wine, and Women, are ioyned together as Canckers corrupting and con­suming mens bodies, and making a speedy dis­patch of their liues: which Balnea, vina, Venus corrumpunt corpora nostra: R [...] ­stituant (alij, Con­seruant) eadem [...]al­nea, vina, Venus. some turning into Latine, to mend the matter, adde withall, that these may as well proue restoratiues or preseruatiues as canckers and corrasiues, being vsed and taken as they ought.

Since I finde in some obscure Authors somewhat neere that which is alleadged, of dice, wine, and wo­men: Which admitted for authenticall, yet doth no more enforce an absolute and generall condemna­tion of dice, then it doth of the other two, wine and women, that are therein ioyned therewith; which no wise man or in his right wits will therefore vtterly condemne. And yet can there not be more said in that kinde of this one, then (I say not Poets alone, but) the Spirit of God it selfe saith, (not to presse ought out of the Diues eram du­dum, me fecerunt tria m [...]dum, Alea, vina, venus, tribus his sum factus ege­nus. Carm. Pro­uerb & Guil. Pe­pin. de conf [...]ss tract. 2. par. 3. c. 6. Apocrypha) of the two other, as well Prou. 2.18, 19. & 6.9, 10, 11, 26. & 7.26, 27 & 9.18. & 12.4. & 22.14. & 20.27, 28. Eccles. 7.28. of women as Prou. 20.1. & 23.21, 29, &c. ad finem. of wine. Siracid. 26.5, 6, 7, 8, 9, 10, 11, 12, 23, 24, 25, 26, 27, 28, & 25.15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28. quod cùm in Anglia à mini­stro Caluinista le­geretur, mulierem è coetu exclamasse, Verbum illud non Dei esse, sed Diaboli, refert seriò Bellarm. de verb. De [...] l. 2. c. 15. Howbeit neither are therefore [...]. Pla [...]. de audi­end. poet. either the Vines in foraine parts to bee rooted all out, or all vse of wine to be wholy for­bidden vs, who yet might liue well without it, be­cause by many wine is much abused: nor are women therefore to be abandoned, or deemed [Page 227] [...]. Euripid. [...]. So­phocl. [...], Menaud. [...]. Eurip. [...]. Menau. apud Stob. par. 2. c. 71. Et idem Menaud. [...]. Sed & tragicè nimis Cancrinus, [...]. apud Athen. l. 13. Euils, though [...]. Philem. apud Vo­lat [...]r. l. 30. [...]. Menand. [...]. Susarion apud Stob. par. 2. c. 67. necessaries, if many of them, by the abuse of themselues, or others abuse of them, proue as the Spirit of God speaketh: or yet mariage, being Matth. 19.4, 5, 6. 1. Tim. 4.1, 4. Gods owne ordinance, in it selfe no lesse Genes. 2.18. Eccles. 4.9, 10. Prou. 18.22. & 31.12. helpe­full, beneficiall and comfortable, then it is 1 Tim. 4.3, 4. Heb. 13.4. holy, honest and honourable, is to be in that respect any whit the lesse regarded; but Vina sitim sedent; g [...]atis Venus al­micreaudis Seruiat: h [...]s fines transilijsse nocet. Festu [...] Auien in catalect. the vse of either li­mited, the abuses stript from them, as the rules both of reason and religion require.

Yea but another Dan. de lud. al. c. 7. graue Author, reckoneth vp this game among those vices that' most grieuously and easily are wont to corrupt a whole familie:

Si damnosa senē inuat alea, ludit & hares Bullatꝰ, paruoque eadē mouet arma fritillo. Iu [...]enal. satyr. 14.
If wastfull Dice the old man please,
His sonne's sicke of the same disease;
Where father sitteth at cinque and sise,
The childe in side-coates loues the dice.

And Babingt. on Command. 8. one of our owne Poets Chaucers Pardoner, and the like hath his Parson. Chaucer saith;

Dicing is very mother of leasings,
(And of deceipt and cursed for swearings;)
Blasphemie of God, manslaughter, and wast also,
Ha­ [...]rd. [...] Of time, of battell, & of other moe
Of battle, of naughtinesse, and other moe,
It is a reproofe and contrarie to honour,
To be holdē a cōmon hazardour.
For to behold a common Dicer.
And euer the higher he is in estate,
The more he is holden desolate.
If that a prince shall.
If thou a Prince doest vse hazardie,
[Page 228]In all gouernaunce and pollicie;
He is by a common opinion,
Holden lesse in reputation.
Lords might finde other manner of play,
Honest enough to driue the day away.

In a word Babington ibid. it is a wonder taking any Author Chri­stian or Heathen almost in a mans hands, if a man finde not something in him against dicing.

Here is nothing but that which I willingly yeeld to; and indeed nothing at all to the point or the purpose.

For first, doe not all those Authors and all these authorities impugne and condemne N [...]w commeth hazardrie with his appurt [...]nanc [...]s, as tables and raff [...]s. Chaucers Parson. Tables and Dice as well as bare bones? How is it then that the Citers of them seuer these games, and allowing the one sort, alleadge these testimonies against the other sort, which equally concerne either?

Againe what one of those Heathen or Christian writers was euer either so scrupulous or so censori­ous, that either of conscience he vtterly forbare all such games himselfe, or condemned them in all o­thers besides himselfe? Themselues euidently shew what they misliked and condemned in them, (in such places especially where they Est Alea effre [...] ­nata q [...]aeiam i­dend [...] p curiam cupillitas, anim sa credulaqu [...] spe lu­cri flagra [...]s: v. l, est grauis q [...]aedam & d [...] manensani­mi affectio, quae vi­ [...]osa futurie ex du­cta sorte boni opi­nione constans, ef­fraenata quadā & exultante cupidi a­te ad ludendum concilatur. Ex quo primum iliad patet, minimè de illis hîc agi, qui immode­ratè alea non abu­tun [...]ur. Paschas. de alea lib. 1. define that more distinctly, which Est hic ludus al­tor otij, magister ignauiae, instru­mentum auaritiae, fraudis efficina, rei familiaris euersio, temporis iactura, rixae materia, morū pernicits, d [...]g [...]itatis labes, & insignis ignominiae, animi angor, & cruciatus assid [...]us, &c. Osorius de Regis institut. lib. 7. in generall tearmes they deliuer else where,) to wit, either [...] de Thessalis Theopompus apud Athen. l. 12. quod de Herculis aedituo Plutar. problem. Rom. [...]. — s [...] ludi [...]ur alea pernox. Iunen. sat. 8. Neclus [...]sse pudet, sed non incidere ludum. Horat. epist. 14 lib. 1. the immoderate vse of them, or Sidamnosa sonem iu­ [...]t alea — I [...]uen. sat. 14. — hunc alea decoquit. Pers. sat. 5. — neque enim loculus comitantibꝰ itur Ad [...]asim tabulae, posita sed luditur arcae. Iuuen. sat. 1. the wastfulnesse of expence at them; [Page 229] which no man defendeth. But that is nothing to the game it selfe. For for any man to spend more time then is fit about it, or to wast himselfe and his wordly estate at it, it is no way warrantable either in that, or in any other recreation, though neuer so warrantable, allowable, yea or commendable o­therwise.

Lastly what booke shall a man lightly lay his hand on, but he shall finde somewhat in it against drinking, as well as against dicing? yea more by much against that then against this, if that be true that one saith, that Aleae vitium à Poetis, Oratoribus, Philosophis negle­ct [...]m. Paschas. d [...] aleal. 1. none euer before himselfe Poet, Orator, or Philosopher did euer directly and professedly deale against dice. Yet doth not the one prooue that all sorts of men condemne drinke: no more then doth the other that all sorts of men detest dice.

To draw neere land at length: Babint. on Cō ­mand. 8. A Dicer, saith Alcator quanto in arte est meli. r, tanto est nequior. Publ. Syrus. Non­ne sa [...]is improbata est artis exercita­tio, qua quanto quisque [...]octior, tanto nequ [...]or? Io­an. Saruber, policr. l 1. c. 5. the Heathen man, the better the worse. And Babingt. ibid. if a man, saith Sir Thom. Eliot. one of our Countreymen, heare one to be a Dicer, and know him not, he by and by iudgeth him to bee a light and a vaine person, and of no credit or account.

And no maruell. For to be a Dicer importeth an habite, a profession, a practise, a trade: and to make a trade or a practise, or a mans liuing of any recrea­tion is not commendable, though the recreation it selfe be such. But it is one thing to play at dice or cards, and another thing to be a Dicer or a Carder: as it is one thing to drinke wine, and an other thing to be a [...]. Matt. 11.19. Vinipotor. Plin. mist. nat l. 14. wine-drinker, or as wee vse to say, a Multibiba atque Merobiba: quas [...] lagenam dixeris. Plaut. curcul. act. 1. sc. 1. wine­bibber. In a word as Non quicunqoe in aula v [...]uit, Au­licus est. H. Steph. ep. ad Craton. La­ertiopraesixa. they are not all Courtiers that liue in the Court (as we commonly take Canes aulicos ap­pellet Theobald. Bles. apud Rog. Ho­ueden annal. par. 2. qu [...]modò Petr. F [...]r­rar publicanosqua­si publicos canes dici. Courtiers [Page 228] [...] [Page 229] [...] [Page 230] in no very good sense, Vt in m [...]re flu­mina omnia, sic vi­tia in magnas au­las i [...]fluere. P [...]us 2 Pp. apud Pla [...]n & de aula Pontificia [...]rn [...]ad Eugē. plu­resibiscimꝰ defecis­se b [...]n [...]s, quàm pro­fecisse malos Princes palaces are so much abused) so Non omnes qui alea ludunt, alea­tores sunt: quod pessimum hominum genus esse inter sa­pientes constat: lu­dunt pueri, ludunt & senes: sed sim­pliciter & oblecta­menti causa, non cupiditate lucri. Ca­saub. in Suet. Aug. c. 71. they are not all Dicers or Carders that at any time vse cards or dice, but such onely as Ne ex lusis quidē aleae compendium spernens. de Caio Sueton. c. 41. make a gaine or [...]. Arist. Ethic. Nicom l. 4. c. 1. Ars tota infamis, & omnium gentiis le­gibus interdicta. Agrip. de van. sci­ent. c. 14. Ab hac arte fraus & men­daciū atque periu­rium nunquam abest: sed & odiū & damna rerum: vnde & aliquando propter hac sc [...]lera legibus interdicta fuit. Isidor. orig. l. 18. c. 68. a common trade of them; which to doe is most base, and a course not by Christians onely but by Heathens also, indeede generally con­demned.

To conclude for this argument, I condemne wil­lingly as much as any of the Authors produced do: But no one of them all condemne that which they doe that alleadge them, and therefore they nothing at all concerne that for which they alleadge them.

Yea to retort the argument applied to the pre­sent purpose. Were this probleme propounded, not whether it were lawfull for men to vse dice; but whether it were not as lawfull for children to play at euen and od, as at chery-pit, or at heads and points as at Push-pin, or at crosse and pile as at Spain-counter; I suppose there is none of the Authors formerly al­leadged either Heathen or Christian, but would iudge it to be a question moued onely in iest, and scarce worthy to be answered in good earnest. And yet is it not made a question onely whether such childrens sports be lawfull, but it is put out of que­stion that they are vtterly vnlawfull, by those that condemne simply all lusorie Lots, whom we deale with principally in this point. Who had therefore need to see to it, that the grounds be good and sure which they build vpon in condemning of that [Page 231] which scarce any Heathen or Christian euer made scruple of before them.

§ 17. But yet there is somewhat further pressed and enforced vpon this last ground: For first, say some, Philip. 4.8. All things of euill report are to be banished and abolished. But Alea turpis. Iu­uen. sat. 11. infa­mis. Gualter. in Matth. c. 27. In aleae ludo m [...]ribus & legibus veterum infamiam fuisse cō ­stat. Camer. de prae­cept. vitae. Aleato­res infames censen­tur. l. 26. de iniur. l. fugitiuus. ff. de verb. sign. Cuiac.ꝰ observ. l. 9. c. 28. ideò Tesserarij ap­pellari ma [...]u [...]runt, inter quos tam [...] tantum differt, quantum inter la­trones & fures. Marcellin. lib. 28. ibid. cards and dice, as appeareth, are things of euill report: and therefore ought among Christians to be vtterly abandoned.

I answere: the immoderate vse or abuse of them is of euill report, Vt probes aliquē esse lusorem, non sufficit probare quòd aliquando lu­se [...]it, sed requiri­tur vt sit consuetꝰ. Ios. Mascard. de probat. vol. 2. concl. 997. alioqui alea­toris nomen non meretur. Iac. Me­noch. de arbitr. Iud. l. 2. cent. 4. §. 20. the moderate and sober vse of them is not. See his Maiesties Counterblast: & Syluesters Tabac­co battred. To be a Tobacconist or a common Tobacco-taker is a matter of no great good report: yet is not the seasonable and profitable vse of it in that regard therefore to be vtterly abandoned and abolished: nor those reuerend Diuines, that, beside others, finde benefit by it, to be restrained of their Christian libertie in that kinde.

Secondly, Fennor of re­creations propè finem, reas 3. We shall confirme others, that abuse them, by our vse of them. Wee ought indeede to be wary that wee giue as little aduantage that way as may be. But by a discreete and moderate vsage of them we shall rather teach them how they may vse that well, which they will hardly be wholy weaned from; and shall make it plainely appeare, that Vitia hominum, non rerum. Senec. epist. 51. the faults pretended are not the things but the mens, Res non sunt in vitio, sed vsus rerum. Ioan. Saruber policrat. l. 5. c. 17. not in the Creature it selfe vsed, but in mans cor­ruption abusing it.

Thirdly, Fennor of recreations, prope fi [...]em, reas. 1. & 2. It cannot but giue scandale to those that condemne these games both within the Church and with­out [Page 232] it: which R [...]m 14.15, 16. 1. Cor. 10.32. in things indifferent ought not to be done.

For those without, there is little feare of offence to be giuen by the sober and seasonable vse of them. Wee heard before what they condemned. For those within the Church, it is true indeed, that R [...]m 14.21. it is not good to doe ought whereby a weake brother may be offended; yea Rom. 14.20. to doe ought with offence it is euill. And therefore Rom. 14 13. 1. Cor. 8 9, &c. men shall doe well to for­beare them among those that are diuersly minded, and may therfore be scandalized and greiued there­with. But withall those that are otherwise minded, Rom. 14.2, 3, 4, 15. ought not to be so peremptory in censuring and condemning those that vse them, or that herein differ in iudgement from them: neither ought they to take offence at them for the doing of that which they know to be held lawfull and approued by ma­ny others learned and religious; being condemned or questioned but by a few in comparison; especi­ally being no maine point or matter of faith.

§ 18. Yea but lastly, Eastie histor. Gosp. reas. 7. This difference among the learned cannot but make men doubt, and R [...]m. 14 23. to vse them doubtingly is a sinne.

I answere: first, this consequence simply and ge­nerally granted will inferre greiuous inconuenien­ces, and driue men into strange straights. For if a man may doe nothing about which there is any dif­ference among the learned, how many matters will be vtterly cast and cut off, which yet no man now condemneth other for the doing, being of the same minde and iudgement with himselfe? yea what a troupe of dilemmaes shall men continually be en­countred [Page 233] and entangled withall, wherein they shall be at a stand, able to take neither part, when yet they must needes be on some side, some holding it a sinne to doe a thing, others a sinne not to doe the same, as it falleth out in diuers controuersies both betweene the Separatists and our Ministers, and be­tweene our owne Ministers among themselues.

Secondly, difference among the learned is not generally iust cause of doubt: in two cases especial­ly it is not; First, where a man discouereth euidently the weaknesse of their grounds that defend the ad­uers part.

Secondly, where a man findeth sure ground for the one side, which hee therefore sticketh close vnto.

How many maine points are there in the body of Diuinity, which yet many, no doubt, yea the most among vs, now doubt not of, notwithstanding they finde differences among the learned about them? What Secunda [...] nuptias expertis, siue saepius nubentibus, poeni­tentiae modum a [...] tempus assignant Coue Nicen. can 8. & Conc. Neccaes [...]r. c. 3. & 7. quod & apud G [...]at. caus. 31. q. 1. Etiam liberè & l [...]gitimè contra­ben [...]ibus. Conc. La­odic. 1. c. 1. quorum c [...]nciliorum confir­mantur can [...]nes in Synodo 6. Coustant. c. 2. damnant etiam exertè iterata con­iugia Athenag. in legat. Tertullian. de monogam. & ex­hort. ad castit. Au­thor operis imper­fect. in Matt. hom. 32. & alij. troopes of the auncients haue condemned second mariages, which yet no diuine, or other that I know, maketh any doubt of at this day? How Tertull ad vxo­rem l. 1. Epiphan. haeres. 59. Ambros. Epist. 82. & in os­fic. apud Grat. d. 26. Hieron in Tit. c. 1. & in epist. ad Ocean. de Carterio Episc. Innocent. 1. Pp. in epist. ad Ru­fum c. 2. & ad Con­cil. Tolet. c. 6. Aug. de bono coniug. c. 18. Chrysost. ad Tit. homil. 2. Ca­non. Ap [...]st. c. 17. & apud Grat. d. 33. Concil. Nicen. teste Ambrosio epist. 82. & Concil. Neocaes. c. 8. & alij innumeri; vt Pontificios praeteream. ma­ny of them haue held, that a man that had beene twise maried, was by 1. Tim. 3.2. Vuius vxoris virum. the Apostles owne constitu­tion vncapable of the ministery? May no man there­fore so qualified, without scruple and doubt, vnder­take that office, nor execute the same in that regard without sin? Are there not great and many diffe­rences about the reall presence of Christ in the Eucharist betweene Papists and Protestants? yea [Page 232] [...] [Page 233] [...] [Page 234] was there not much difference, and that with eager opposition about the same point Visantur scriptae vtriusque de re Sa­cramentaria. betweene Luther and Zwinglius many learned and religious taking part on either side, and continuing the controuersie euen to these times? Cannot a man therefore with­out wauering, euen a plaine ordinary Christian, ad­ioyne himselfe to either side? yes; doubtlesse hee may, and many questionlesse doe. Difference there­fore among the learned giueth good cause of disqui­sition and discussion, not necessarily iust cause of doubt.

Thirdly, generall Faith may stand with some kinde of doubting, as Mark 9.24. speciall Faith may stand with some kinde of wauering. Vise Ioan. Nider. consol. timor. con­scient. par. 3 cap. 1. & 12. & 13. Neither is it euery sodaine iniection, or idle scruple, or snarling obie­ction, though a man cannot assoile it, that maketh a mans actions vnwarrantable vnto him, or bringeth him within compasse of that Apostolike censure, Rom. 14.23. He that doubteth is condemned, because hee doth not, what he doth, of Faith: and whatsoeuer is not of Faith, is sinne. Certitudo mora­lis compatitur secis vacillationem quā ­dam animi aut hae­sitationem, vel su­spitionem siue scru­pulos, quos conuin­cere & c [...]mpescere melius quàm per contemptū nequeas. Gerson. de pollut. nocturn. confid. 3. A man may be certaine of the lawfulnes of a thing, hauing sure or sufficient ground for the same; and yet haue some scruple arising in his mind about it otherwaies, which he cannot well auoide: as Vise Matthaeum de Cracon. in rati­onal. diuin. operam apud Nider. conso­lat. tim. consc. par. 3. c. 19. a man may hold firmly some points of doctrine, as the Articles of his faith, though he be not able to answer euery subtile sophisme that against the same may be obiected. And certainely In Moralibꝰ sine ciuilibus non ex­pressè determinatis certitudo probabilis sufficit. Nider. con­sol. part. 2. c. 13. & 14 & 18. & Ger­son de contract. in ciuill actions not precisely and expresly determined in the word, a morall certainety, as some Casuists say well, doth suffice to keepe a Christian man from incurring Gods displeasure, hauing done his best endeauour [Page 235] to enforme himselfe aright, and resting ready to yeeld vnto any better information. Which morall certaintie, yea and more then it, I see not why it may not be well had in the present point concer­ning the vse of a lusorious Lot, notwithstanding the difference among those that be both learned and re­ligious. For the ground whereof (to returne that that here is obiected) let thus much alone for the present be considered: that as W. Bradshaw, qui & id [...]m habet con­tra Iohnson. rat. 1. a reuerend Minister of our Church now with the Lord, in conference with certaine Separatists sometime well alleadged, that It was a sufficient argument to proue the truth of our ministery in that such wrangling and cauilling Com­panions as they were, could not obiect ought against it, but what might well and easily be answered: so Probatio quan­doque fit eo ipso quod contrarium non probatur. Ac­curs. ad Cod. Iust. l. 4. tit. 7. leg. 1 & ad lib. 7. tit. 23. leg. 11. & ad lib. 9. tit. 22. leg. 4. it may be thought a sufficient warrant for the vse of these Lots, in that the oppugners of them being men so learned, and so well read in Gods word, can say nothing against them (for by that they doe say, when they striue of purpose to doe their best in it, they shew what they can say) but what either hath beene or may be sufficiently answered by others.

Lastly Vbi dubitatio surgit de aliquo actu an possit licitè fi [...]ri vel omitti, tu­tius est omittere quàm facere: prae­sertim vbi factio generaret scandalū aliorum. Gerson. contrasecta slagel­lant. if any man want good ground for the vse of them, or haue iust cause of doubt, hee were best to forbeare them, Rom. 14.5. till he be better assured of suffi­cient warrant for the vse of them; yet without cen­suring of others that vse them with warrant, seeing more, it may be, herein, then he as yet doth.

CHAP. VIII. Of Cautions to be obserued in the vse of lusorious Lots.

§ 1. THus hauing answered the arguments produced by the learned of contrarie iudgement against these lusorious Lots, and proued the vse of them to be in it selfe not vnwarrantable: It shal not be amisse, as we did before in the former, so to annex here some caueats and cautions to be obserued in the vse of them, both applying some of the former to this particular; and beside adding some others, that may meete with such abuses, as to such kinde of Lots may be incident; that so things not vnlawfull in the right and warrantable vse of them, may not become vnlawfull to vs by our a­buse of them.

Lusorious Lots therefore, as all other recreati­ons, are to be vsed soberly, seasonably, ingenuous­ly, inoftensiuely, prudently, and religiously.

First, I say, soberly and moderately, and to this purpose 1. Thess. 5.6. 1. Pet. 4.7. 2 Tim. 1.7. Tit. 2.6.12. the holy Ghost hath commended vnto vs Christian sobrietle and temperance as a principall virtue, yea as Tit. 2.12. 2. Pt. 1.6. a nurse and a staffe of godlinesse and righteousnesse; Fennor of recre­at. rul gen. 1. which consisteth in a sparing, a 1. Cor. 7.29.30. moderate vse at least, not of meate and drinke on­ly, but of all bodily benefits; those more specially that are meerely or mainely for recreation and delight. And the Heathen men themselues by the light of [Page 237] nature haue discerned; that there is [...]. Cleobulus apud La­ert. & Stobaeunt. Mensuram optimū ait Cleobul [...]s Lin­dius. Auson. [...]. Py [...]hagor. [...] Pho­cyl. Et [...]. [...]t Theo [...]. [...]. - Hesi­od [...]. Pin­ [...]ar. Pyth. ode 2. Modus omnibus in rebus optimū est ha [...]i [...]: Nimia omnia nimi [...]s exhibent negotiū hominibus ex se. Plaut. Paenulo. - optimus cunctis modus F [...]ndi, tacexdi, sonini vicinꝰ modus, Benefactorum, gratia­ [...]um, iniuric, Studij, laborum, vita in omni quicquid est, Istum requirit optimae pausae modum. Auson. lado 7. sap. Modus vbique laudandus est. Cass [...]od. l. 1. cp. 19 Optimus [...]st in omni re modus, & laudabil [...]s vbique mensura. Pelag. ad Demetriad. a measure and Auream quisquis mediocritat [...]m Diligit, tutus &c. Horat. ode 10. l. 2. a golden meane to be obserued in all things; that Es [...] modus in rebus: sunt certi denique sines, Quos vl­tra citraque nequit consistere rectum. Horat. sat. 1. [...]ib. 1. [...]. Man. Palaeolog. ad fil. praece [...]t. 40. there are certaine bounds and limites of them euen in nature prescribed, which when men transgresse they swarue from the right vse of them; and [...]. Sodamus in Anthol, quod quidam Stratodemo, alij Soloni, alij Chiloni, alij a [...]ijs tribu [...]nt. [...]. Pindar. apud Plutarch. ad Apollon. Nimium nil, Pittacus. Auson. 7. sap. [...]. Theogn. [...]. Alphaeus anthol l. 1. c. 12. Tò, [...] ponit Aristot. R [...]e [...]. l. 2. c. 21. & Chiloni adscribit. Ib. c 12. Mortales oraculorū societatē dedere Chiloni Lacedaemo­nio praecepta eiꝰ Delphis consecrando aureis literis quae sunt haec, Nosse se quemque, &. Nimis nihil &c. Plin. bist nat. l. [...]. c. 32. Quid aliud est quod Delphica canat columnaliteris suis, [...] quàm nosfacere ad mortaliū modū medioxumè? Varro apud Nonium, Vitiosum est vbique quod nimium est. Sence. tranquill. c. 9. - n [...]m id arbitror Apprime in vita essertile, vt nequid nimis, Ter. Andr. seen. 1. [...]. Man. Pal. praecept. 24. Vise Clem. Al [...]x str [...]m. l. 1 & Stob. tom. 2. c. 3. that euen Eccles. 7.18. Insani sapiens nomen serat, aequus iniqui, Vltra quam satis est, virtutem si petat ipsam. Horat. epist. 6. lib. 1. the best things vsed immoderately become inconuenient; as waters breaking their bankes, or surrounding their bounds grow incommodious and dangerous; and meate and drinke taken either vn [...]easonably or excessiuely hurt rather then helpe. As in all other things therefore, so Iimodus laudabilis est, [...]ùm moderatione adhibita prudenter, et si fieripotest, vtiliter exercetur, vt mandato C [...]mi [...]i acquiescas, Nequid nimis. de venatica Ioan. Sarub. policr. l. 1. c. 4. Neclusisse pudet, sed non incidere ludū. H [...]rat. lib. 1. epist. 14. in these pa­stimes especially a meane is to be held, partly in re­gard of the measure of time and expence, and part­ly in regard of the manner of our vsage of them.

[Page 238]In regard of measure, for time, regard is to bee had, that they take not vp too much time with vs, nor we spend ouer much time about them. Where­in those offend that spend, as we say, [...] vt Plut. sup. the leiue long day, yea some Die n [...]ctuque ludendo. Cod. l. 3. tit. de aleat. [...]eg. 2. Fertur & necte perp [...]ti alea lusisse. de Vero Capitolin. -luditur alea per­nox. Iuuen sup. both day and night too, at game: an euill practise, yet too too common in most places among vs, (by Edmundꝰ G [...]in­dal Londineus. Ep. ad D. Pauli A [...]no Domini 1560. tes [...]e Guil. F [...]ik praefat. antiprognost. a reuerend Prelate, Guil. Fulk ibid. & lo. Riuius de of­fic. pastor. & Rob. Trauers in Psalm. 111. besides o­thers, publikely heretofore complained of) especi­ally at the vsuall solemnitie of our Sauiours natiui­tie: At which time, Vise Luciani [...] & Macrobij Sa­turnalia. as the Heathen in their Satur­nalia, held Ad 14•m Cal. Ian [...]ar vno die pri­mum, teste Masu­rio: tum per i [...]idu­um, ex Mallio & Augusto; quando­que & 7. dies inte­gros, ex Nouis & Mummio, Macro­bius Saturn. l. 1. c 10. Sed vise Lips. Sat. l 1. c. 3.4. Hinc apud Ho­rat. serm. l. 2. sat. 7. libertas Decemb [...]is. much about the same season, were wont to giue themselues wholy to gaming, and re­uelling; so many (too too many) among vs who professe our selues Christians, setting then aside all sage, and serious, yea and sober demeanour; giue themselues wholy to game and play and all kinde of excesse, mispending their time, then which nothing is more pretious, nor ought more charily to be spent; and Saturnalia potius celebrantes quàm Christi [...]atales. Guil. Fulco pr [...] ­fat. Antiprognost. Vi dici qucas quod olim Vigilantius, Mutatis nominibus Gentilium festa ce­lebramus. Natalitia enim Christi quafi Saturnalia quedam sunt: quasi Bacebanalia Quadra­gesimam antecedentes dies. Riuius de offic pastor. carying themselues in that loose and dissolute manner, that if a stranger should by chance come among them not knowing what religion they were of, he would by their behauiour rather guesse them to be worshippers either of Bacchus the reuel­ling and drunken God, or of Saturne the riffling and gaming God, then the seruants of Christ Iesus Luk 21.34. the Preacher and Practiser of sobrietie and temperance. As the Apostle speaketh, Iam. 3.10. My brethren, these things ought not so to be. Though Ephes. 4.17, 18, 19. Rom. 13.13, 14, 12. Heathen haue walked [Page 239] thus that were ignorant of God; yet Ephos. 4.20.21. Vos autem non fi [...]: Christum didicistis, vt rectè Beza in­terpungit. we must not doe so, that haue learned Christ; if so be we haue heard him, and haue beene taught of him, as we professe our selues to haue beene. Christian religion giueth no li­bertie for such courses at any time, much lesse at that time, when we should (if wee will aright celebrate the memory of Gods mercy toward vs in Christ) cary our selues most religiously and most conforma­bly to the life of Christ, wee ought therefore to re­member both then and at all times, that recreation to other affaires is but as [...]. Plut. Ly­curg. sauce or Delectati [...] ad vi­tam, vt sal ad cibū. Peccant mulieres cùm potaegia nimis condiunt sale. Bare­let. quadra. hebd 4. ser. 2. salt to our meats: As the vse of sauce or salt is to prepare our stomack for food, or to helpe our appetite in eating; so the vse and end of recreation is to refresh vs after la­bour, and to make vs fit for labour: It is not an em­ployment that our principall and pretious time ought to be spent in; which was the fault of those both in Esai 5.11, 12, 13. Esaies daies; and in Matt. 24.38, 39. Noahs time (whom the holy Ghost therefore taxeth) that they gaue themselues wholy to their delights and their plea­sures, regarding nothing else, and minding nothing else; like the idle Act. 17.21. Athenians that applied them­selues to nought else but to heare or tell newes. And surely as it is preposterous diet to vse [...]. more sauce then meate, and to cloy the stomacke with that which should whet vp the appetite: so [...]. Ari­stot. Ethic. Nic. l. 9. c. o Parum de de­lectatione sufficit ad vitam pro con­dimento, firut pai ū de sale sufficit in ci [...]o. Thom. sum. par. 22 2 c.q. 168. [...]. 4. it is no lesse preposterous a course to haue the greater part of mens liues taken vp with disport, so that it is a meane to withdraw and with-hold them from that, which it ought to fit them for.

The rule therefore is here that Game is to be vsed as an extraordinary refreshing, not as an ordinary im­ployment: [Page 240] [...]. Arist. Ethic. l. 4. c. 8. [...]. Id [...]m polit l. 8 c. 3. as Phisicke in sicknesse for the restoring of health, so recreation vpon wearinesse for the re­freshing of the spirits. In which regard is that say­ing applied better M [...]gis offendit ( [...]) nimiū quàm parum. Cic. Ora­tore. to play then it was sometime Philosophandū paeu [...]is. Ne [...]ptole­mus Ennianus. a­ [...]od Cic. de oral. l. 2. to study, Babington on Command. 8. We must play but a little: delights of this kinde being well compared vnto [...]. In an­tholog. l. 1. c. 46. [...]. Pindar. Pyth [...]ode 7. id quid Solomon Prou. 25.27, 28. Hony, 1. Sam. 14.27. Volup [...]ates vt mel summo digito degu­st [...]ndas, non plena­manu sumendas. Dionys. soph. apad Philostrat. with the fingers tip to be taken rather then with the whole hand.

§ 2. For matter of expence likewise is great re­gard to be had, that wee spend no more then is fit vpon them, nor then our estate may well afford to be spent vpon our sports; that in our lawfull recrea­tions Fennor of recreat. rul. gen. 5. we go not beyond our abilitie; and therefore that either we play without staking or wagering, or at least without staking and wagering more, then any mans estate will well permit one of his rancke to spend on his lawfull delights, and without disabling of himselfe to the doing of that which God requi­reth of him otherwise.

In which regard is such play by reuerend Diuines iustly condemned, B King on Ion. lect 9. wherein the matter engaged ica­pordeth a mans stocke or his state. As also the ciuill Law in this regard inhibiteth these games among o­thers, for that many did Necludentes, necludumscientes, sed numeratione tantum substantias perdunt. Cod. lib. 3. tit. 43. leg. 2. not so much play as cast their wealth away at them, playing night and day for gold and siluer, and iewels and plate; and Non impunè milites in lu­do arma amittehant. Dig. de re milit. lib. 49. tit. 16. leg. 3. & ibid. leg. 14. souldiers pauning their weapons and armour at play. And for this cause the same Law allowing yet some other games, for­biddeth any man to hazard at them Non permittimus vl­tra vuum solidum, etiamsi quis multum diues sit. Cod. lib. 3. tit. 43. leg 2. aboue a shil­ling [Page 241] a game, though he be of good abilitie, or a far lesse summe if he be of meaner estate, Vt si quem [...] contigerit, casum grauem non sust [...] ­neat. Ibid. that the Looser may sustain [...] no notable losse. And 33. Henr. 8. c. 9. E [...] 2. & 3. Phil. & Mar c. 9. our lawes likewise inhibite any but the richer and better sort the vse of these games and other the like, whereat much may be soone lost, saue at certaine times only: thereby to preuent the wretched practise of such, as would otherwise be continually crumbling away their wealth by the ordinary vse of them: Which for any man to doe it is no better then plaine stelth. It is to rob the poore, whom Ephes 4.28. he ought to releiue (but by this meanes disableth himselfe so to doe) and Prou. 3.17. inde & Ele [...]mosyna [...] sine iusti­tia dicta Matt. 6.1. & 2. Cor 9.10. sicut & [...] Psal. 112 9. vnde & Apostolus sum­psisse videtur. whose necessitie giueth them a right to his wealth: it is to rob his familie, Prou. 17.27. which he ought to maintaine, and 1. Tim. 5.8. which not to prouide for is made the note of a counterfaite Christian, and one worse then a professed Infidell: it is to rob him­selfe: and as Salomon saith, Prou. 28.24. He that robbeth fa­ther or mother, and saith it is no sin, is Socius est viro in­terfectori, Iun. Cosen­german to a Murtherer, or a Destroier: so he that robbeth himselfe by wasting of his owne state on such courses, is little better then a murtherer or a destroier. And surely Si omnis qui ho­minem oc [...]idit, h [...] ­ [...]icid [...] est, quisquis scipsum occidit, non [...] sit homicida [...] [...]i ho­m [...]a non est. Aug. epist. 61. Qu [...]ad [...] innocens iuditabi­tur, cui dictum est, Diliges proximum tuum tanquam te, si homicidium com­mittit in seipso, quod prohibetur in proximo? Ibid. Si paricidace scelera­tior quàm quilibe [...] homicida, quia non tantúm hominem, verùm etiam pre­pinquum necat, & in ips [...] paricidis quanto propinquiorem quisque peremerit, tanto indicatur immanior; sine dubio peier est qui se occidit, quia n [...]mo est homini scipso propinquier. Hugo Victor. de bono patient. c. 13. if the murtherer of him­selfe cannot bee discharged of sinne, no more then hee that murthereth some other a meere stranger: then neither can he be acquited that is a robber of himselfe: since the one depri­ueth himselfe of life, the other of liuing, of the meanes whereby hee should liue, and without [Page 242] which [...]. Synes. in epist. Et [...], vt Aristoph. Pluto. i. vita non vitalis, vt Ennius apud Cic. de amicit. vnde Comicus, [...]. i. Vita band vocanda est vita victue indiga. E­rasm, chil. 2. cent. 8. ad [...]g. 3 [...]. quod Eu­rip. [...]. Misera vita morsest, non vita. Drus [...]ad Sul­pit. Et quod de ar­cu Heraclitus [...]. Eustath [...] Iliad. d. [...] Hesi [...]d. & absq [...]e cu hom [...] [...], vt Sophorl. Antigen. his life may be no better, yea becommeth many times Si [...]cid. 30.17. [...] Theogn. more bitter, then death.

Yet is it lamentable to consider how common a­buse is in this kinde, both at these games, and at o­thers, among men of all sorts. Some one great man sometime at a race, or a sitting, or a match at boules, or an afternoones cock-fight, casting more away then would haue maintained many of honest meanes in good estate for a twelué-moneth and more: so that by meanes hereof not the poore alone remaine vnreleiued, and [...]simplexne su­ror sestertia cent [...]m Perdère, & hor­r [...]nti tunitam non reddere feruo? Iu­a [...]nal. sat. 1. their seruants vnrewar­ded, but their rents are so racked and their estates so improued, that their Tenants that hold of them are thereby also impouerished, and yet themselues as Genes. 41.21. Pharaos leane Kine when they had eaten vp the fat ones, -quodcunqur profanda Traxit auaritia, laxa peiere re­sundit. Claudian. belle Gildon. neuer a whit the richer, or better able to doe King or Countrey seruice, for all that they haue scraped and gathered together in that sort.

And againe the poorer sort, on the other side, though they complaine of penury, yet will not be beaten from play: euen those that will pretend want, to shift of the least common charge, yet will make shift to get somewhat wherewith to hold game: who when they haue spent what they had that way, wanting meanes to recouer ought soone or sodainely againe, and being enured to idlenesse by such thriftlesse haunts, are enforced ost to be­take themselues afterward to such courses, as bring vpon them at length as well losse of life as of liuing.

[Page 243]But here is a question moued among the learned, whether a man may play for, or wager ought in play. And it is a question that requireth a larger discourse throughly to discusse it, then this present worke, growing already too great, will well permit. Some vtterly condemne it: and I haue seene of late in writing M.W on occasion of Sampsons wager. Iudg 14.12. along discourse containing sundry ar­guments tending thereunto: of which yet (- ha [...]c veniam petimus (que) damus (que) vicissim. Horat. ar­te poet. to speake my minde freely, and ingenuously without exception to the Author, whom I thinke reuerently of otherwise, though in iudgement dissenting from him herein) I am not able to apprehend the force and validitie. Neither indeed can I discerne ought that should make it vnlawfull for a couple of fami­liar friends to put it to the euent of a game, whether of them shall part with such a trifle to the other, as either of them may spend lawfully at that present vpon his pleasure, or they might otherwise wel free­ly bestow either on other.

Others therefore allow it, as the Ciuill law doth, in some cases Quod in conui­uio vescendi causa ponitur, in tam rē familiam ludere permittitur. C. lib. 3. tit. 43. leg. 3. for somewhat presently to be ex­pended and spent in common betweene them, as when men play together for the charge of a supper. Yet may men go too far also that way; as in feasting of friends (a fault in these times too vsuall) a man may exceede. It is said of Nabal the Churle that 1. Sam. 26.36. he made a feast like a King. And as Prou. 23.20, 21. by feasting a rich man may soone bring himselfe to pouerty, and a poore man to beggerie: so may either do the same, which some seeme to haue obserued, by hazarding ouermuch to be spent and wasted that way.

For mine owne part, I approue the iudgement of [Page 244] that reuerend Diuine who thus determineth this doubt; B. Babington on command. 8. When so little is plaid as no way disableth a man to any duty of his calling, or the money, being not much, is bestowed in some meeting for the maintenance of loue, or that which is won is a reward appointed for the exercise, (bestowed by such as may wel be at that charg) then I think with Idem ex parte Danaeus de lado a­le [...] c. 4. & Perkins cases of Conscience booke 3. chap. 4. § 3. Quest. 2. others, that it is not vnlawful.

So that the rule is here that nothing be hazarded but what may very well be spared, and what a man may expend lawfully at that present on his lawfull delight.

§ 3. And thus may we keepe within compasse for the measure or quantitie both of time and ex­pence. Now Ludendi modus quidam retinendus est, vt ne nimis omnia profunda­mus, elatique vo­luptate in turpitu­diuem dilabamur. Cicer offic. l. 2. for the manner of vsing game fur­ther consideration would be had. For therein also many offend, when they are too eager vpon play, or are ouermuch transported and caried away with delight in it; when, as one well saith, Fennor of re­creat. [...]legener. 3. they either 1. Thess. 5.6. sleepe at it, or are drunke at it: that is, when it either so occupieth mens mindes that it maketh them vnwatch­full against the motions of finne, or so ouercommeth them with the delight of it, or other passions procured by it, that it maketh them breake forth into outrage of swear­ing, blaspheming, fretting, cursing, and quarelling, and such courses as sobriety in such cases would neuer admit. For Esai. 51.21. E­briae, non à vino. Est & absque te­m [...]to temulentia quaedā, & quaedam etiā, in sobrieta [...]e ebrietas; ( [...].) ab ira, àli bidine, ab ambi [...]ic­ne, ab avaritia. [...] Chrysost contra Iud. l. 5. Es [...]. & mentis ebrietas ebrij sunt mulis qui sibi sobrij videntur: ira [...]undia anima no in [...]briat; fur [...]r plusgiv [...]briat: inebri­ant libidines: av [...]ritia etiam [...]abidum reddit. Origen. in Leuit. homil. 7. [...]. Basil. homil. 1. [...]. Plato leg. l. 1. [...] Pl [...]t. sym prob. l. 7. c. 10. Ebrius v [...]geris mul [...]is [...]xisor vndi (que) curn. Lucr. l. 3. a man may be drunke as well without wine as [Page 245] with wine; with the drie smoake of Tabacco as well as with drinke. As one saith well of prosperity, that it so transporteth some, that they are euen Fortuna dulci ebrij. Horat. Ebrius pane, Belgicū de pro­teru [...] diuerbium. Drus. prouerb. l. 2. Et Eras. ebil. [...]. cent. 3 ad. 3 [...]; Dionys. Halie. antiq. l. 11. [...]. De­most. Philip. 1. Motisms illi faelici­tate [...]imia caput. Senec. Epist. 115. as drunke with it; and [...]. Piut. symp probl. l. 7. c. 8. ridiculis spectaculis quasi ebrius effice­ris. Chrysost. in Math. homil. 37. some sorts of mirth and [...]. Plut. symp. probl l. 7. c. 10. Vise Eras. chil. 1. cent. 3. adag. 3. mu­sicke are said to make men little better: So wee may well say that men are drunke with game, when they are so addicted thereunto, that it stirreth vp in them such distempered passions as men soberly minded cannot but condemne and ab [...]orre, and which they themselues could not but dislike in themselues, if they were not for the present besides themselues.

As therefore it is well aduised by one, that Cauept totus aliquando dormias, Bern. de ordin. vitae. Men at no time giue themselues wholy to sleepe: so much more haue we good cause to be wary, that Cauendum ne totaliter grauitas anim [...] reschuati [...]. Them, sum [...]per. [...]4.2 [...]. [...]. 168. a. 12. ne dum animum relaxare vo­lumus, orat [...] harmoniam & quasi concentum soluamus. Ambros. offic. l. 1. c. 20. Otium in­dustriae subnecti debet▪ non qu [...] euanescat virtus sed quorecrectur. Val. Man. l. 8. c. 8. Mulium enim interest remittas aliquid, an soluas. Sen. de tranq. c. 15. we set not our mindes at any time wholy vpon play, and so sleepe waking at it, (the more daungerous sleepe of the twain) nor suffer our affections to be ouer­much caried away with it, least we become no lesse daungerously drunke therewith then some other are with wine or strong drinke. For as Luk. 21.34. worldly cares, so Luk 8.14. bodily pleasures, and Game among others, though not euill simply in themselues, yet become spiritually preiudiciall and dangerous vnto vs, when our hearts are either wholy possessed with them, or ouer-eagerly and earnestly addicted vnto them.

In this kind especially [...]. Plut. symp. prob. l 7. c. 7. to exceede is the rather discommendable, because the businesse it selfe (if it [Page 246] may be so tearmed) is but light, being but matter of recreation and ordinary delight: and it is [...] Is [...]er. ad Dem [...]nic. no lesse an imputation for a man to be ouer serious in trifling matters, then to trifle in serious and weightie af­faires.

The rule then is here that Flecte [...]ruces ani­m [...]s, vt vere ludere possis. Iulian. sch l. Lus [...]ri numos, ani­m [...]s qu [...] que pon [...]re debent Eusth. Disports be vsed spor­tingly: so as we be - irasci desine victus. As [...]enus. Pone malas, 'quo­ties ludendo vince­ris, iras: Irasci vict [...] minimè pla­ce [...] [...]ompeian. schol. content to win or to loose at them, and stand indifferent to conquer or to be con­quered by them, and to go well through with or to be crossed in them, as it shall fall out: our affections being no further fixed vpon or fastened to them, then the weight and worth of them may well warrant.

§ 4. Secondly recreations are to be vsed as so­berly, so seasonably. For Eccles. 3.1. [...] & [...] quod ex Pittaci sententia ( [...] a­pud Laert) Auson. [...], tempus vt noris iu­bet: Sed [...] iste [...]mpesti [...]um tempꝰ est. [...]. Man. Palaeol ad fil. prae­cept. 6. [...]. Theogu - [...]. Sodamus in anthol. there is a time and sea­son for all things, and for recreation among other things. Eccles. 3.4. There is a time, saith Salomon, for laughing, and mirth, and a time for dauncing and delight. There are times for recreation and sport, and times for sad and serious affaires. Recreation therefore is good when it is seasonable, when it commeth in his due time: else, as it is with fish and foule when they come out of season, [...]. Menand. H [...]. Idem. Tempestina aliqua ni voluptas [...]it, nocet, H. Stephan. To [...]. Isocr. ad Demon. Et Bonum malum fit tempore hand datumsuo. Erasmus chil. 4. cent. 3. adag. 2. Et data non apto tempore vina nocent. Ouid. remed. l. 1. that is euill, that is good o­therwise.

Herein then men offend, not onely when they take vp too much time with it, but when they take not fit times for it. For a man may spend too much time at it, and then he sinneth in vsing it immode­rately: and againe he may spend but little, yet not [Page 247] fit time about it, & then he sinneth in vsing it vnsea­sonably. Now then doe men vse game & recreation vnseasonably, when they should and ought to be o­therwise imployed, either in the workes of their spe­ciall callings, or about the holy things of God.

First, when they should be about any necessary duty concerning their estate and place, or the means of their maintenance, and the good of themselues and theirs. In which regard was not that parties course commendable that saith, Posthabui ta­men illorum me [...] seria ludo [...] Virgil, bu [...]ol. Ecl. 7. hee neglected his owne busines to attend others at play: nor can those be iustified that either sit at cards and tables within doores, or be in the bouling alley abroad, when o­ther affaires of great consequence require their pre­sence else-where. Since the vse and end of recreati­on is not to withdraw or with-hold vs from our more serious imployments; but Vt tempestiua laboris intermissio­ne ad laborandum vegetiores redda­mur. Valer. Max. memor. l. 8. c. 8. to make vs fitter for them, and better able to go through with them. [...]. Ari­stot. Polit. lib. 4. cap. 14. Bellige­rando pax quaeri­tur; & belli pacem finem constat esse. optabil [...]m. Augus [...]. deciuit. De [...]l [...]9. cap. 12. Sa [...] pax quaeri [...]ur arm [...]. Sta [...]. Theb. l. 7. As peace is the end of warre; and peace is aimed at in warre; so [...]. Arist. ethic. l 1 [...]. [...]6. is busines the end of recreation, [...] Arist. ibid. it being ordained for busines, and not busines for it. Yea as the right end of war is peace, so the maine end of peace is not so much the taking of our plea­sure, (though Z [...]ch. 3.10. & 8.5. & 9.17. we enioy that benefit also thereby) as the freedome of following our serious affaires. The time therefore that ought to be imployed in the one, must not be vnseasonably mispent in the other. N [...]que enimita generati à natura [...]umus, vt ad ludum i [...]cumq [...]ef [...]cti esse videamur; sed adseueritatem potius & s [...]dia gra [...]iora atquo maiora: ludo autem & [...] v [...]i illis quidom l [...]ce [...], sed sicut so [...]o & quietibus cateri [...], cùm gra [...]bꝰ serij sque rebꝰ satisfecerin [...]. [...]i [...]. offic. l. 1. Hins Germani [...] vitio dat Tatitus, quod inter feria sobrij a [...]eam exercent, &c. Our vacant time onely is allowed for dis­port: [Page 248] which is then most seasonable, as foode, when hunger craueth it, or as sleepe, when hea­uinesse after watching calleth for it, so when wearisomenesse after other imployments requi­reth it.

Secondly, when they should be tending the holy things of God either in publike or priuate. And thus Ludo Sabbatum viela [...]ur. Alex. Carpent. destruct. vit. par. 4. c. 23. Ioan. Gritfch. qua­drag. s [...]rm. 10. Io­an. Nider. praecept. 3. c. 1. Concil. To­l [...]t. 4. apud Grat. de consecr. d. 3. is it a sinne to follow game on the Sabbath, as Iudaei sabbatum obs [...]ruant carnali ocio: vacare enim volunt ad nugas atque luxurias su­ [...]. August. de 10. chord. c. 3. Cele­brant sabbat [...]m Iudei o [...]io languido & stux [...], & luxu­rioso. Vacant enim ad nugas; à bono opere vacant, ab opere nugatorio non vacant. Id [...]m Psal. 91. Iudai seruiliter obserua [...]t diem Sabbat [...] ad luxuriam, ad ebri­etatem. Idemin Io­an. tract. 3. Et So­crat. eccl. hist. li. 7. c. 1 [...]. [...]. de Iudae [...] Alexandri [...]is. the Iewes vsed to doe, and doe yet to this day both on their Sabbaths and solemne feasts, and Si quid op [...]ris in agro quis [...]iam di [...] festo, ita re poscente, fecis­set, quam nefarium scelus, quàm inexpiabile [...]rimen? At ve [...]ò qui diem eundem, negl [...]ta concione sacra, con [...]in̄s, com [...]stationibus, vino, crapula, saltationibus, alea, ludis ferè to [...]u [...] consumpsisse [...], is nimirum p [...]è pulchréque feriatus esse credebatur. Rinius de seculi nostri f [...]lic. See Whites way to the Church, digr. 46. num. 6. as the Popish sort are noted ordinarily to solemnize their festiuals. For this is not Exod. 20.8. Esai 58.13. to sanctifie or conse­crate the Sabbath as holy to the Lord. The Sabbath indeed is a day of rest, but Leuit. 23.3. & Exod. 31.15. [...]. Ignat. ad Magn [...]s. of holy rest; of rest not to worldly recreations but to heauenly medita­tions, Finis est Sabbati vt vacet h [...]m [...] rebus diuinis. He [...]r. Herp in decalog. praec [...]pt. 3. serm. 7. Et Rob. Lincoln, in mand. 3. Debet totus dies fes [...]i [...]us à Christiano expendi in operibus sanctis. of rest to religious and spirituall imploy­ments. It is sacriledge therefore to follow game on the Sabbath; at such time as wee should bee plying the seruice and worship of God: it is time stolne from God that wee spend so on our sports: Which it were lesse sinne therefore for vs to spend [...]. Aristot. Ethic. l. 10. c. 6. on some more serious affaires, ac­cording to that which one of the auncients well [Page 249] say, that M [...]lius [...]st (Dic Sabbati) a [...]are quàm salta [...]. Aug. in Psal. 91. Me­lius tota die f [...]d [...] ­rent quàm tota di [...] laderent. Idem in Psal. 32. Melius faceret Iudaeus in agro suo aliqu [...]d vtile, quàm in theatro desidiosus existeret: melius foeminae ecrum die Sabba [...] lanam fa­cerent, quàm to [...]a die in neomenij [...] suis impudi [...]è sal­tarent. Idom de 10. chord. c. 3. & in Ioan. tract. 3. Hoc. quoque proculdubi [...] B. August. verbu [...] Christianis Ecclesiae festi [...]itates in ocijs & nugis & luxu­rijs celebrantibus potest adaptari. Rob. Lincoln. in de­calog. mand. 3. It were better for a man (in such manner) on the Sabbath to plough then to play, and to dig and delue then to daunce all day. For the lighter the occa­sion of sinning is, where all other things are equall, the greater the sinne is.

Yea and those also that on other daies wast that time this way, which they ought to spend either in their owne priuate and personall deuotions, or in in­struction of their families and performance of holy duties with them, are not herein to be iustified no more then the former: the one turneth it to sinne as well as the other, in neglecting of that duty for the following of their owne pleasure, that Deut. 6.7. Ephes. 6.4. God him­selfe hath enioyned them, and will one day require of them.

So that the rule is here, that That time alone may be spent in play, which wee haue free from other, serious and religious, affaires.

§ 5. Thirdly, recreation must be vsed ingenu­ously, freely and liberally: Sperne lucrum: versat mentes ve­sana libido. Pallad. Lusori cupido sem­per grauis exitus instat. Basil. schol. in catalect. not with any greedy desire of lucre and gaine. For recreation is no trade or course of life, for a man to make a liuing of or to liue by: As Ludendo non ludere sed perdere. Cod. lib. 3. tit. 43. it is not playing, but spending when men wast themselues that way: so [...]. Alexander Mag. apud Pl [...]t. in apo [...]th. non ludere, sed illudere, quod ali [...] sensu de Canir Seneca sup. non ludere, sed latronem & prado [...]e [...] agere. Astesa [...]. in sum. lib. 5. tit. 30. it is not playing with, but preying vpon those wee seeme to play with, when by such courses we pill them and make a spoile of them. It is to alter the very nature of the thing it selfe, to make a trade and a trafficke of dis­port and pastime; to make not a lusorious, but a se­rious [Page 250] L [...]t of it; yea more then a serious, Vt verè sortes essent, & fata ten­ta [...]entur: quod de Heliogabali sortibꝰ Lamprid. See the example of him that hanged him­selfe in Trinitie Coll. Hall, vvhere he had lost his money at game the night before, in Trauers on Psal. 111. Ita hae nugae seria ducunt In mala. - Hor. art. a sad and an heauie Lot (as it oft falleth out) of that Finis ludi debi­tus, non propter cu­piditat [...]m, sed pro­pter recreationem & socialitat [...]m. Astesan in sum. l [...] 5. tit. 30. §. 1. which should be meerely for recreation and delight. Thou makest thy selfe both a Sinner, whosoeuer thou art, in so doing, by taking that from thy brother, that neither he ought to part with, nor thou to receiue; and a Partner also with him in his sinne, whereby he mispendeth, or hazardeth the mispending of that, which he ought otherwise to imploy.

But it is not lawfull at all then, may some say, for a man to receiue any gaine, or liue in any wise by Game?

I answer in some kind, and in some case it may, and that either ordinarily or extraordinarily.

Ordinarily those may be said to liue lawfully by Game, whose trades & professions are imployed in whole or in part in making, prouiding, selling, & vt­tering such instruments or other furniture as are vsed commonly in Game, as Bowyers, and Fletchers, and Turners, and Dice-caruers, and Card-makers, and Haberdashers of small wares: For if the games themselues be lawfull, Nimis ergo rigidi, qui peccati reos peragu [...]t omnes re­ [...]um e [...]usmodi aut mercatores aut ar­tifices. Antonin. sum. pa [...]. 2. tit. 1. c. 23. §. 14. & alij. Cautiùs paulò ae­quiusque ex Gabr. Biel super 4. sent. Guil. Pepin. de con­fess. tract. 2 p. 3. c. 6. the callings are not vnlaw­full whereby men are set on worke to prouide ne­cessaries for the same, which could not otherwise so commonly, or so conueniently be had.

Extraordinarily a man may sometime also by the Game it selfe receiue gaine; as thus: Suppose a man of good wealth either being euill at ease or o­therwise desirous to recreate himselfe, calleth in a poore man from his trade or his worke that he is otherwise imployed in, to accompanie him in his game, which he cannot vse without companie; it [Page 251] is not vnlawfull for the poore man so accompany­ing the rich, to receiue some gaine from him, as a re­ward of his imployment with him, and in liew of that losse, which he sustaineth by intermitting of his owne worke. But among equals, or others ordina­rily, that play togither for mutuall recreation and delight, for the one to enrich, or to desire to enrich himselfe by the others damage and losse, [...]. A­r [...]st. t. Ethic. Ni­com. l. 4. c 1. it is a note of a base and an illiberall disposition, and against the nature of disport, which ought to be free.

The Rule then is here, that [...]. Plut. symp. probl. l. 7 c. 7. Neque enim ludus est, vbi census vol­nitur in tabula, & ludus fit de pericu­lo, & de ludo peri­culum, vt Ambr. de Tob. c. 11. Play be vsed as play; for pleasure, not for profit; for game not for gaine: and as no man therefore ought to wast his pretious time or his estate thereat, and to buy his recreation at so deare a rate as were the expence and losse of ei­ther; so neither ought any man to seeke or desire by play to encrease or aduance his estate, or to make a prey and a spoile of him that he plaieth with.

§ 6. Fourthly recreation must be vsed inoffen­siuely, or Fennor recreat. rule gen. 2. without offence. For if 1. Cor. 10.31, 32. in all things regard is to be had hereunto, then in recreation also among the rest: if Ibid & Rom. 14.20. in eating and drinking matters of more and greater necessitie, then much more in things lighter and of lesse weight, as being matter of meere delight onely, which may otherwaies also well be had.

Now the offence that may be giuen by game is either generall or speciall; publike or priuate; in re­gard of our superiours or in regard of our equals.

Publike offence may be giuen to the Lawes and State we liue vnder by common vse of Fennor of rec [...]e­at. rule spec. 2. such Games [Page 252] as are by the Law made vnlawfull. See Field of the Church, booke 4. chap. 32, 33, 34. For howsoeuer it be true indeed that positiue Lawes, as they are such, doe not simply binde the conscience, nor alter the nature of things lawfull and indifferent in them­selues; yet Quamuis peccet quis transgrediendo l [...]ges humanas, ta­men non ligant [...]oscientiam: pat [...]t per simile de prae­ceptis medicorum, quae d [...]spicere quis non potest s [...]ne pec­cato, & tamen non ligant conscientiā. Gerson de vita spi­rit. lect. 4. cor [...]l. 5. may men by the breach of them be­come guiltie of sinne in Gods sight, where they re­straine for good and wholesome ends the vse of things euen indifferent, partly through contempt of supreame Rom. 13.1.2. Tit. 2.1.1. Pet. 2.13, 14 authoritie enacting them; and partly al­so through hindrance of the publike vtilitie aimed at in them: which is either of them seuerally, (much more both of them iointly) sufficient to make a man stand guilty of sin against God.

The like is to be said of those that liue in such Churches where the vse of some particular Games is held vnlawfull or inhibited; 1. Cor. 11.16. & 14.33. Quod ne­que contra fidem, neque contra bonos mores iniungitur, in lifferenter est habendum, & pro corum inter quos viuitur, societate seruandū est. Aug. epist. 118. c. 2, Cum Roma [...] venio, ie­iuno Sabbato; cum hîc sum, no [...] ieiu­no: sic etiam tu, ad quam for [...]è Ecclesi­am v [...]eris, eius mo­rem seruae, si cui­quam non vis esse scandalo, ne [...] quen­quam tibi. Ambro­sius olim Augusti­no, qu [...]d & ipse pro coelesti oraculo suscepisse se ait ibid. Faciat quisque quod in ca Ecclesia in quam venit, inue [...]rit. Aug. ibid. c. 5. Vise & cundem de d [...]ctr. Christ. l 3. c. 13. euery one being bound Contra rationem nemo sobriꝰ contra Scripturas nemo Christianꝰ, contra Ecclesiā nemo pacificꝰ senserit. Aug. de Trin. l. 4 c. 6. Ego m [...]lim dic [...]re, secerit, vel, faciendum censuerit. for peace and quietnes sake to conforme himselfe in things indifferent to the Church hee liueth in.

As also of those that liue vnder the ministery of such Pastors as are of a contrarie iudgement in this point: the Apostle requiring Christian men not to [...]. Hebr. 13.17. obey them onely, but to yeeld vnto them that haue the ouer sight of them, and that watch ouer them for their soules safetie; that is, not onely to be ruled by them for necessarie duties, and such as they shall be able to conuince them of by the euidence of Gods word; but to be ouer ruled also by them in matters of indifferencie, when they shall deeme somewhat [Page 253] vnlawfull that may well be forborne, though either the grounds of such iudgement of theirs be insuffi­cient, or their people be not throughly conuinced of the same.

Neither ought children or seruants to take liber­ty to themselues for the vse of such games, as their parents or masters vnder whose gouernment they are, shall thinke good to restraine and to inhibite in their houses; where the Law both of Ephes. 6.1, 5. Colos. 3.20, 22. God and man hath giuen them a power of commaund: the breach whereof therefore may cause guilt of sinne euen in Gods sight.

So that the rule here is, that Men be content to bee restrained in matter of game for the ordinarie vse of it, by the Church and State they liue in, by the Pastor they liue vnder, or by the Master they serue with.

Now as offence may be giuen publikely or gene­rally to those, that we liue vnder or among, so may offence be giuen also to those, that wee conuerse with in priuate. For which cause therefore are these games to be forborne in some cases in regard of our brethren, that either making scruple and doubt of them, or being perswaded in iudgement of the vn­lawfulnesse of them, may there-through either of­fend with vs, or be offended at vs. For Fennor of recre­at rule gen. 4. & spec. 3. that is not indifferent, that is done with offence: since 1. Cor. 10.32, 33. wee ought not vnnecessarily to giue offence vnto any; but Rom. 15.1, 2. to seeke to please others as well as our selues, and that now and then euen 1. Cor. 10.33. with displeasing of our selues; doing that therein for them, that Rom. 15.3. Christ once did for vs. And therefore, Rom. 14 21. it is not good, saith the A­postle, to eate flesh or drinke wine, or to do ought where­by [Page 254] thy brother may stumble, or be offended, or be weak­ned. And vndoubtedly, if R [...]m 14.20. it be euill for a man, when he eateth with offence; then it is no lesse euill to him, when he gameth with offence.

Now in this kinde we may offend two waies.

First when we cause others to sinne, and so to of­fend with vs, not by partaking with vs in sinne, but by partaking with vs in that, which though it be no sinne in it selfe, yet Rom. 14 22, 23 is it a sinne vnto them, because they hold it to be such. For Rom. 14.14. to him that holdeth a thing to be vncleane, to him it is vncleane; and him therefore 1. Cor. 8.7. it de [...]ileth in the doing of it or dealing with it. 1. Cor. 8.9, 10, 11, 12. Whereas then by thy practise thou en­couragest such an one to doe the like to that thou doest, as is vnresolued in the point, thou laiest a stumbling blocke before him, who either Leuit. 19.14. Deut 27.8. for dimnesse of sight discerneth it not, or Heb. 12.12, 13. for weaknes of limme auoideth it not, and so by occasion of thy default stumbleth and falleth.

Secondly when we cause others to be offended at vs, and to thinke euill of vs, as being such as make no conscience of our courses; because we vse that which they supposing to be sinne, suppose withall that we cannot but see to be sinne. For [...]. Clem. Alex. in pro [...]r [...]pt. it is the common guise of most men to thinke that euery one should see presently what themselues once apprehend. To giue offence therefore in this case in this kinde, it is a wrong to our selues, in causing o­thers though iniustly and vndeseruedly to thinke e­uill of vs, and Rom. 14.16. 1. Cor. 10.28, 29, 30. making our commodity and Christian liberty to be euill spoken of. A thing not to be lightly regarded of vs, what other, our brethren especially [Page 255] shall thinke of, or speake by vs: since Eccl. 2.1. [...] a good name is, as the holy Ghost saith, better then a good ointment; and Prouerb. 22.1. [...] a good report desireable aboue riches and much treasure. Yea considering that Qui [...]quid recipi­tur, recipitur ad modum recipientis. Receptiu [...]m nonre­cipit per [...]dum imprimentis, sed per modum receptiuita­ [...]. Scal. de sub [...]l. exerc. 16. §. 2. the efficacie of the agent consisteth much in the disposition of the patient: and that It is hard therefore, as a D. Hall medit. 99. cent. 1. worthy Diuine of ours well obserueth, for a man euer to doe good on o­thers, vnlesse he be reputed good himselfe: wee haue great cause euen in this regard also to be wary and carefull Rom. 12.17. 2. Cor. 8.21 cauens & tibi à peccato, & illis à scanda­lo. Bernard. de tempor. serm. 74. [...]. Clem. A­lex. p [...]edag. lib. 3. c. 11. as well of keeping our credit good with men, as our conscience cleare to God, Opus est bona fama apud homi­nes, bona consci­entia apud Deum. August al [...]cubi. as well our name and fame vnstained in regard of the one, as our hearts and hands vntainted in regard of the o­ther. Otherwise, Conscientia ne­cessaria est tibi, fama proximo: qui fidens conscientia suae fama [...] negli­git, crudelis est. Aug. ad fratr. in erem. serm. 52. if relying wholy vpon the one we grow carelesse of the other, wee shall in so doing deale, not only cruelly and vncharitably as concer­ning our brethren, but vnwisely also and inconside­rately as concerning our selues. It is a wrong there­fore to thy selfe, in that Rom. 14.16. thou causest thy selfe to be euill thought of without cause: it is a wrong to thy brother, in that Rom. 14.10. thou giuest him occasion to offend in misiudging of thee. It is a sinne Rom. 14.13, 14, 15. against charity; for it is a breach of charitie to do that needlesly that may vex thy weake brothers minde; Rom. 14.17, 18, 19. against peace and concord, giuing occasion of vaine and neede­lesse disagreement; yea euen against piety too; for 1. Cor. 8.11. in offending thy weake brother thou sinnest against Christ; in occasioning him to stumble and fall, (so much as in thee lieth) Rom. 14.15, 20. 1. Cor. 8.12. thou destroiest him that Christ died for. And therefore where thou findest that thy liberty doth or may in likelihood offend, there [Page 256] Rom. 14.16. 1. Cor. 10.29. for thine owne sake, for R [...]m 14▪13, 15. thy brothers sake, for Rom. 14.1. 1. Cor. 8.7. his weaknesse sake, for Rom. 14.15, 18. Christ thy Sauiours sake forbeare: Rom. 14.22. hold thy faith within thy selfe; keepe thy knowledge to thy selfe; and say with 1. Cor. 8.13. the Apostle, If cards or tables offend my brother, I will neuer play at them while the world standeth, that I may not offend him.

The rule here is in a word, that It is not lawfull to play needlesly before or with those that hold such games vnlawfull, and who it is likely will in that regard take occasion of offense at it.

§ 7. Fiftly our recreations are to be vsed pru­dently and prouidently in regard of our selues, as well as inoffensiuely in regard of others: it being a point of spirituall wisedome therefore, to forbeare the vse of such games either in whole or in part, as either may be, or we haue found to be, occasions of sinne to vs. For as 1. Cor. 10.23. the former made them incon­uenient, so 1. Cor. 6.12. this maketh them vnexpedient, when they may, and so far forth as they may, endanger vs by sinne.

In part they are to bee forborne in some cases, when not the game it selfe, but the manner of it (which yet may be reformed by vs) occasioneth the euill. Where commeth to bee condemned againe that eagernesse in game, that wee spake of before, that playing for great summes, not in regard of it selfe alone, and the losse that it bringeth with it; but further also in regard of those Substantijs per­ditis in blasphemias erumpant. C. l. 3. tit. 43. grieuous abuses and enormities that it vsually occasioneth men to break forth into. For let men say what they will, that it is all one to them whether they win or loose, (as B. King on Ion. lect. 9. a [Page 257] reuerend Prelate of ours yet liuing, whose words I oft willingly vse in this argument, well saith,) in such profusion of substance, as the losse cannot but pinch, so mens passions cannot but bee moued, and a troope of wretched sinnes commonly ensueth, swearing, for swear­ing, cursing, banning, defying, heart-burning, quarel­ling, fighting, spilling of blood, vnsupportable sorowes of heart, cursed despaire, selfe-executions, weedes able to blemish and disgrace the lawfullest recreation that is▪ wheresoeuer they be found, as Diripi [...]n [...] (que) da­pes, contactuque omnia [...]oedant Im­mundo. Virg. Aen. lib. 3. the Harpies defiled the cleanest meates.

Againe in some cases these games are in this re­gard wholy to be forborne. For where a man shall finde his owne disposition to be such as he cannot vse them at all ordinarily without much distemper, that he cannot containe himselfe when the cards or dice go against him, but that hee is ready to breake out into prophane and bad language; or that he can­not endure to be beaten at play without wrath and vexation and disquiet of minde; or though he can at sometime with somewhat adoe suppresse his vn­ruly passions and perturbations in this kinde, yet that ordinarily and vsually hee is ouertaken on these occasions, and in danger therefore to be ensnared and entangled that way; there it is best for a man In dubijs semitā debemus eligere tu­tiorem. Clens. 3. de­cretal. l. 5. tit. 12. c. 11. In ambiguis via tutior eligenda. Gersonin reg. m [...]r. to take the safer side, and as Iob 30.1. Iob made a couenant with his eyes, so to make a couenant with his hands not to handle cards or dice, which the rule of inexpediencie here striketh out of his hands.

Yea by the former rule for a man to ioyne in play with those whom he knoweth to be such is no lesse [Page 258] euill vnto him, then it were to vse it in the like case himselfe.

The rule then here is that we vse not these games vnlesse we can rest quiet and content with the euent of them: and againe, if we can, that we doe so vse them, that we may not be tempted to disquiet and discontent thereupon. Agreeable whereunto are those golden rules of our gratious Soueraigne concerning play to his sonne; Iacob. Rex [...] lib. 3. First ere ye play, consider ye doe it onely for your recreation, and resolue to hazard the losse of all that ye play; and next, for that cause play no more then you care to cast among Pages: otherwise if you cannot keepe these rules, my counsell is that all-vtterly yee ab­staine from these plaies: for neither a mad passion for losse, nor falshood vsed for desire of gaine can be called play;

§ 8. Sixtly and lastly these recreations are to be vsed reuerently and religiously, that is, with such due reuerence and regard of Gods maiesty, and of his presence and prouidence, as the nature of the busines that we are about doth either exact or ad­mit. For Christian men are to doe all things whatsoe­uer 1 Cor. 10 31. to the glory of God, and Colos. 3.17. in the name of Christ Iesus, Ephes. 5.20. 1. Thes. 5.18. with thanksgiuing vnto God: and all their actions are to be 1. Tim. 4.4, 5. sanctified vnto them by the word and by praier.

Now this Caueat excludeth two extreames, Pro­phanesse and Presumptuousnes. First Prophanesse, that we behaue not our selues in play prophanely and vngodlily: that we so play, that we shut not God out at doores; so play that we Fr. Marbury on Psal. 32. make not the Deuill our play-fellow: Remembring that Psal. 119.1 [...]8. wee play in [Page 259] Gods presence, as well as pray in Gods presence; and that there is a prouidence of God watching ouer vs as well while we play, as while wee sleepe; yea that Zech. 3.10 & 8.5, 10, 11, 12. by his goodnesse wee haue freedome and libertie as well for our sports and pleasures and law­full delights, as for other our sager and more serious affaires: which are therefore as well the one as the other to be vsed with acknowledgement of Gods mercy and goodnesse, and of his gratious proui­dence, whereby we enioy them, with freedome and liberty for them, not to the dishonour of him, from whom we haue the free vse of them.

Secondly it excludeth Presumptuousnes; that howsoeuer we haue an eie vnto and take notice of Gods prouidence thus in generall, yet we take heed how we attempt to draw downe or call in his im­mediate prouidence or speciall presence in play to stickle betweene vs and those we play with. B. King on Ion. lect. 9. As that we be not so grosse (to vse againe the words of that worthy Prelate) on the one side as to make For­tune our Goddesse, as assigning good or euill lucke vnto her; so that we be not so saucie on the other side, as to call Gods maiestie from heauen (to guide our game, or to further our play, or) to determine our doubts: for we looke not so high in such friuolous and gamesome quarells, but as we carelesly vndertake them, so we fol­low them as lightly, and end them as merily. And therefore to say, as some vse, in play; God send mee such a card, or such a chaunce of the Dice, or, I pray God I may win this or that game, is too saucie and mala­pert behauiour for any.

But, will some say, may not a man lawfully pray [Page 260] for whatsoeuer he may wish or desire? or 1. Tim 4.4, 5. are not all our actions to be sanctified by praier? as was for­merly said.

I answere: True it is that euery action of a Chri­stian man is to be sanctified by praier either generall or speciall, but not euery action with euery sort and manner of petition or praier. A man may pray for his recreations, that he may cary himselfe [...]. soberly and without offence in them, and that euen by them he may be the better fitted for better things: and such praier is sufficient to sanctifie them to him con­ceiued either in generall or in speciall, as he findeth and feeleth his heart affected, and as occasions and circumstances either admit or require it. This then in game ought to be a mans generall desire, which he may also by praier lawfully impart to God, if hee please. Beside which other againe more particular desires a man may haue also in game, as to win ra­ther then to loose, to ouercome rather then to bee conquered; neither are such desires euill, so they be moderate; (for they are idle and friuolous, yea dangerous where they grow excessiue and immo­derate, being other then befitteth the nature of that which they concerne) yet are they not such as it is seemely to acquaint God withall. For the better conceiuing whereof consider we thus much: that To desire is not to pray, but shew­eth what wee ap­proue. H Smith in Pilgrims wish.euery desire is not by and by a praier; albeit euery praier ordinarily import some desire; neither is eue­ry lawfull desire a fit matter for praier. For prayer is a wish or desire of the heart directed vnto God. But many things we desire and may lawfully desire, which yet are not matters of that moment as may [Page 261] be fit to acquaint God in particular with our desire of them, or to direct our petitions in speciall manner to him for them; much lesse to expect or require at Gods hand any speciall worke or helpe of his for the effecting of them. And of this kinde are those latter sort of desires; of which to say therefore in game, I pray God I may win, or, I would to God I might haue such a card, or such a cast, is too too much pre­sumptuousnes, and will not well stand with that re­uerent respect that each one of vs oweth to Gods maiestie.

The rule then is here, that as we exclude not Gods presence inplay; so we call not in his prouidence to fur­ther our play. It is one thing to play before the Prince and in his presence, an other thing Easlie histor. of Gospell. to call him in to stickle betweene vs at some question about a measuring cast: So it is one thing to play as before God and in his presence; and another thing it is to make God our play-fellow, or to call him in to help and further our game, that which a Christian man may not doe.

§ 9. And these be the Cautions that I haue thought good to propound for the limiting and re­ctifying of the vse of these games: Which cautions, I confesse, the most of them are such, as concerne game in generall, (Non minus otij quàm negotij [...] tio­ [...]em ext [...]re op [...]rte­re. Cato orig. l. 1. Cic. pro Planc. & ad Attic. l. 1. epist. 2 [...]. Colum de re rust. l. 2. c. 22. Sym­mach. l 11. ep. 1. & Sidon. l. 5. ep. 14. [...]. Arist. polit. l. 8. c 3. contra quem Galba quò [...] nemo ra [...]ionē otij sui reddere co­geretur. Suet. Galb. c 9. of which as well as of more serious and sad matters either ciuill or sacred, ac­count also must be giuen vnto God) and in that re­gard are not so proper and peculiar to this particular kinde of Lot. Yet I supposed it not amisse to point at them, and in some sort also to presse them: partly that I might not be taxed and censured as a Pleader [Page 262] for sin and such abuses as are common as well in these game as in other, by meanes whereof those that condemne all Lots vsed in game simply are wont to take occasion to make them in generall more odious: and partly also that no prophane per­son that abuseth any of these or other the like games, might be able to take any colour of aduan­tage by ought that hath beene spoken of the lawful­nesse of the games themselues in themselues simply considered, to iustifie his owne abuse of them in mis­pending his time, or wasting his estate at them, or o­therwise inconsiderately and irreligiously abusing them: which it may be some wo