Nature and Use of Lots, Chapter 6

Nature and Use of Lots · Chapter 6

p. 117CHAP. VI. Of ordinarie Lots Lusorious; and of the lawfulnesse of them.

§ 1. HItherto we hauehave 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 vntounto the latter sort of them, which some tearme aaPerki…s of witchcraft.Sporting, some bbLastie storie of Gospell: Sors ludicra.Ludicrous, some ccSerar 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, ddAthl…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, eeLudi 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. foreign.-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 onelyonly 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 p. 118some 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 vponupon, or by the ones guessing at two pawnes hidde in the others two hands. ffHellanodicae Elide foreign ( …a reponit Sylburg. quod vulgo perp… ram foreign) foreign. Pausan. Eliac. 2. Et ibid. foreign. Hinc Pollu…il. 3. c. 30. §. 4. foreign. Et foreign: vt Eustath. ad Iliad. foreign. quod melius tamen Etymol. foreign. Sed & Palaestram foreign. Petr. Fab. ag…n. l. 1. c. 24 deducit quod verius foreign. Etymol. Facit huc quod Plutarch. de tranquill. foreign &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) ggO… foreign, &c. foreign. Lucian. Hermotin. siue de sectis.as they drew the like letters, and tooke their turnes according to the order of those letters, hhforeign. Lucian. ibid. Hine foreign 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. 3.11.1 Cor 4:9Rev 3:11the odde man, if any were, vndertaking him that had the better of that paire that fought last. Thus as there, so elsewhere p. 119also iiforeign. Pausan. Eliac 2 Sic foreign &c. Et S… pho…l. Electr. foreign. - 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 kkforeign. Pausan. Elia…. 2. foreign. De Theagene Heli…dor. Aeth. l. 4.running or llPrima 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. foreign.some guesse, the Combatants also their weapons. Beside that in mmConuenere viri (colum…ā petituri) deiectamque area sortem Ac…epit galeae: & primus - ante emnes exi… locꝰ Hippo…oentis. Virg. Ae…. 5.shooting and nnNomensuum 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. - foreign &c. Nonmus Dionys. l. 19. de musico certamine. Et Lucian. foreign &c. foreign, &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 ooforeign Dim…sth. in Midiam. foreign. Ibid. foreign. 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, ppHinc Chrysippi disceptatio in lib. foreign, cui… meminit Plut. in Stoi…. contradict.at once comming home to the gole, or the like, qqforeign. malè vulgò foreign.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 hauehave the prize due to the Victor.

Againe in lesser yet and lighter matters, when in priuate they were disposed to be merry together, p. 120they drew Lots sometime rrNow 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 ssQuicaenulam 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. 2who should first reade the riddle or assoile some question propounded with a reward for him that could reade it aright, or ttforeign. 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 uuIn conuiuijs qui sunt institu…i p…tandi (malè vulgò, putandi) Modiperatores Magist…i. Varro rerum human. l. 20. apud Nonium. foreign Graecis: de quibus Plutarch sympos. l. 1 q. 4.drew Lots commonly **Hinc Agesilaus foreign interrogatus à ministris quantum vini singulu assignare…, foreign, inquit, foreign. 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 xxNec 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, yyEti. … 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 zzforeign. 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. foreign. Arrian. Epict. l. 1. c 25. Et Lucian, in Saturnal. foreign, &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 11foreign, &c. quod conspicatus Alexander foreign, Athanasi… diligen…ius educand… curauit. ex R…fino Socr. hist. l. 1. c. 15. & Aldhelm de land. Virg. c. 16.Athanasius his acting p. 121of a Byshop among Boyes like himselfe in the like, is reported to hauehave 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, onelyonly 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 onelyonly, 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 vntounto 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 vponupon that which casualty hath cast on them. Which kind of game that it was not either vnknowne vntounto, or vnusuall among the auncients, beside aaforeign. Eustath. Odys. foreign. Et tamen foreign. Hesych. Vnde foreign Crateti dictum. Pollux l. 7. c. 33. § 10. Et foreign. Ibid. Vndè foreign Sophocli: Et foreign Prouerbio celebris. Idē l 9. c. 7.other euidences, hereby appeareth, in that bbforeign. Plutar. ad Apollon. c…nsol. foreign. 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 p. 122by 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 onelyonly in diuers games both ccforeign 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. foreign.Eph 4:14at dice and cards wherein nothing is further looked after but the fall of the dice, either ddforeign. Pollux l. 9. c. 7.who throweth most or whose chance commeth first, and eeforeign 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 ffMicatione certant Hymenaus & Amor apud Nonnum Dionys. l. 33.Mication or Shifting of fingers which wee spake of before, ggFalkenberg. ad Nonn.vsed much still in Italy as well in sport as otherwise, in diuers other childish pastimes as hhforeign. Eustath. Odyss. foreign. 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, iiforeign. Aristoph. in Plut. & Di…n. Chrysos…. …rat. 26. foreign. Aristot. de diuinat. per insom. Et in Rhetor. cap. 3. foreign, &c. Ludere par impar.- Horat. serm lib. 2. sat. 3. & Suet. Aug. cap. 71. foreign. Schol. Aristoph. foreign. Pollux lib. 7. cap. 33. §. 10. foreign. 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. foreign. Plut. sympos. l. 9. probl. 12.Euen and Odde, Heads and Points, kkI…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 foreign. 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 hauehave beene aunciently vsed.

To which kinde of Lot-sports or Lot-games (which shall be the last, and so I leaue them) may their aaSortes c…nui…ales. Lamprid. Heliog.Banquet-loteries be added, which we finde two sorts of, some free, some set to sale, and both p. 123containing either matter of free gift, or matter of charge and expence, or mixt matter of either. For so we reade that bbSuet. Aug. c. 75Augustus vsed ccSaturnalibꝰ, & 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 ddCilicia, spongias, rutabula, forpices.heire-clothes, and spunges, and pinsers, or scissers and the like, with merry Poesies vponupon them eeTitulis 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 ffLamprid. 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 onelyonly, ggVt 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 hhIn cochlearibus. Lamprid.on their spoones, as we hauehave commonly on fruite-trenchers painted emblemes and poe…ies, that sometime wee vse to make sport withall somewhat after that manner. p. 122duplicate page p. 123duplicate page p. 124Againe sometime were such Lots as these in mirth set to sale: for iiSu…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 onelyonly; in merriment propounding them to thoe fthat were at bord with him, that none might come in but vponupon a price to draw in the one, and he that would at aduenture bid most, should hauehave the other. Not altogether vnlike to kkLoteria 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; llFr. 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 vntounto them for such a summe as all their aduentures put together amount vntounto; and another of society or fellowship betweene the Aduenturers among themselues, agreeing to draw Lots or cast dice for that which in common they hauehave 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 onelyonly 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: mmCon…ad. de contract. tract. 3 q. 71. concl. 2. Perkins of witchcraft.others bringing them within compasse of vnlawfull games, p. 125as indeed, for ought I see, the most of them are little better, nnPostell de magistrat. Athen. c. 8. & Perkins of witchcraft.vsed mostly to helpe and releiue either base Spend-thrifts or beggerly Banckrupts. And thus hauehave we seene in what diuers manner Lots hauehave been or may be vsed in or about game.

§ 3. Now concerning these games hhAlea 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 vponupon them as altogether vnlawfull and vnbeseeming good Christians.

Yet among those also that oppugne and oppose them there is diuersitie of opinion. For iiConcedi 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.Judg 14some 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 onelyonly that depend wholy vponupon casualtie. Others of them kkFennor of lawfull recreations cap. 4. Balmford dialogue of pames consisting of chaunce.vtterly and absolutely reiect all that hauehave any spice of Lotery or casualty at all in them. This of those that deale more distinctly in the point: For llLudꝰ taxillatoriꝰ vitio vanitatis non caret. Them de sort. c. 5. Talorū Tabularumqu… qu…s chartas vocant, lud…s, foreign 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.Prov 16diuers others there bee that so glance at them in generall, that it is somewhat vncertain whether part they concurre with; or mmChartarū & 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 p. 126of some of them whether they concurre at all with either, or doe not rather vponupon 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 nnBalmf…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 vponupon 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 giuegive 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 ooNon 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 ppSors 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; qqIacobus …e… in foreign 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 onelyonly difference is that there is a meere Lot in the one, a mixt Lot in the other, but a true rrArs 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. 2Lot in either.

p. 127For the argument that ssPerkins 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 hauehave 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 p. 128or 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 hauehave 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 tt1. Sam. 5.4.1 Sam 5:4Dagon 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 uuProu. 18.18.Prov 18:18authoritie 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 **foreign si…e foreign à foreign vel foreign iudicare.Law-suites, yet in the ordinary xxProu. 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.Prov 6:14Prov 6:19Prov 10:12Prov 15:18Prov 16:28Prov 17:14Prov 18:19Prov 19:12Prov 21:9Prov 21:19Prov 22:10Prov 23:29Prov 25:24Prov 26:20Prov 26:21Prov 27:15Prov 28:25Prov 29:22vse of it it extendeth it selfe to contentions of all kindes. And the practise of Gods people recorded in Scripture sheweth that euen meane p. 129matters hauehave 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 yyLeuit. 27.32. & Iun. in annot.Lev 27:32by 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 zzPsalm 84 10. foreign 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, foreign quàm alibi liberè ag…ntem c…mmorari. Inde enim foreign …i er…aes. Leyfeild.Ps 84:10Exod 21:6it 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, vponupon occasion of some collection) was no matter of great moment, and yet was that also decided **1. Paral. 26.13, 14, &c.1 Chr 26:131 Chr 26:14by 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 aaLuk 1.9.Luke 1:9by 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 bbParum it aque cau…è Martyr ad 1. Sam. c. 10. sortibus de…ignabantur Sacerdotia.1 Sam 10the 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, p. 130and ccSorsest 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.Jonah 1not 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 vntounto 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 vntounto; a lesse inconuenience is allowable for the auoiding of a greater;) there ddforeign … foreign. Plato de leg. l. 6. Vise & quae supra c 5. § 5.6. foreign. S…er apud Xen…ph. foreign.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 vntounto: 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 p. 131done 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 eueryevery morall euill must needes be a eeforeign. 1. Ioan. 3.4. foreign. R…m. 4.15.1 John 3:4breach of Gods Law, the whole summe and substance whereof being comprised in those ffDeut. 10.4 decem verba: fine dec…m edi…a. Sic enim Est. 3.15. & 4.3. & 8.14. &c. foreignDeut 10:4Esth 3:15Esth 4:3Esth 8:14ten Edicts of those ggExod. 31.18. D…ut. 9.10. & 10.…Exod 31:18two Tables, eueryevery 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 hhEzech 22.4.26.Ezek 22:4Ezek 22:26two heads, either the prophaning of hallowed things, or the hallowing of things prophane: since it cannot be imagined how any impiety should be p. 132committed 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 iiI…sh. 24.19. Esai 6.3. Psal. 99.5.9.Isa 6:3Ps 99:5Ps 99:9God himselfe, and kkPsal. 111.9 & 99.3.Ps 111:9Ps 99:3his 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 llNum. 4.5.15. & 7.89. Leuit. 16.2.Num 4:5Num 4:15Num 7:89Lev 16:2the Arke, mmExod. 29.42, 43, 44. & 30.25, 26, 29.Exod 29:42Exod 29:43Exod 29:44Exod 30:25Exod 30:26Exod 30:29the Tabernacle, nnPsal 5.7. & 11.4. & 65.4. & 68.5Ps 5:7Ps 11:4Ps 65:4Ps 68:5the Temple, ooGen. 2.3. Exod. 20.8, 11. & 31.13, 14, 15, 16, 17.Gen 2:3Exod 20:8Exod 20:11Exod 31:13Exod 31:14Exod 31:15Exod 31:16Exod 31:17the 7. day of the world before Christ, and ppApoc. 1.10. Act. 20.7. 1. Cor. 6.2.Rev 1:10Acts 20:71 Cor 6:2the 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 p. 133casuall 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 qqQuod 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 eueryevery such institution must hauehave 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 hauehave at sometime beene so vsed, that can no more impart holinesse to all Lots in generall, then the religious vse of rrIob. 2.26.31. Ephes. 5.26.Job 2:26Job 2:31Eph 5:26water in Baptisme, yea in the ssMatth. 3.16. Luk. 3.21.Matt 3:16Luke 3:21Baptisme of our SAVIOVR, and the sacred vse of ttMatth 26.26.27.28.29. 1. Cor. 11.23, 24, 25, 26, 27.Matt 26:26Matt 26:27Matt 26:28Matt 26:291 Cor 11:231 Cor 11:241 Cor 11:251 Cor 11:261 Cor 11:27bread and wine in the Lords supper can uuVi…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 xxSancta 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 p. 134recreation; nor can the light vse of them be so corrected and qualified, but that it will hauehave deadly poyson euen in the heart and pith of it, not adhering or cleauing vntounto 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 eueryevery Christian man hath yyLibertatis 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: cod…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 vntounto such purposes as by any zzIpsae naturales rerum d…tes satis demonstrant, quorsum & quate… us fruiliceat. Ibid. c. 10. § 2.naturall power they are enabled vntounto, 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 vntounto, and 11Sortilus vti licet in rebus p…testati nostrae subditis. K…akeuitz in Ion. c 1.Jonah 1such 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 22Sors non …st mala nisi ex admixta irreligi…sitate …ut inius…ttia au… imprudentia. Cai… sum. vit.so long as p. 135the 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 giuegive 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 aaVidetur 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, bbF…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. ccIdem 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 vntounto vsus. But such is Lotery, or the vse of Lots; not simply commaunded, (for ddProu 18.18.Prov 18:18that 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 vsus 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 p. 136which 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 vsus 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 eeQuum 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 eueryevery 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 ffRom. 14.23.Rom 14:23Whatsoeuer is not of faith, is sinne. I say, where naturall reason doth not of it selfe afford sufficient direction; for the word is giuen vsus in morall matters to supply the defects of it caused by our first Parents their fall; gg1. 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 vsus 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, p. 137but 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: hhD…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; iiDeut. 12.15.20.21.22.Deut 12:15Deut 12:20Deut 12:21Deut 12:22if permission onelyonly, 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 onelyonly are lawfull as the word of God hath enioyned.

Where they are not determined, there all such are lawfull as the same word kkConcessum videtur quod non prohibetur. Accurs. ad Cod I…st. l. 10. c. 1. l. 4.doth not forbid. In the former that rule holdeth, llMatth. 12.30. Omnia sunt probibita, quae non reperiuntur concessa. Gloss. ad Dig. l. 47. c. 23. l. 3.Matt 12:30He that is not with me, is against me: in the latter that other, mmLuk. 9.50. Omnia per legem sunt permissa, qu… non inueniuntur prohibitae. Gloss. ad D. l. 4. t. 6. l. 28.Luke 9:50He that is not against me, is with me. Thus for sacrifice and the place of it, before it was determined, nnDeut. 12.8.9. Gen. 8.20. & 12.7. & 13.18. & 20.25. & 26 25. & 33.20. Exod. 17.15 & 14.4.Deut 12:8Deut 12:9Gen 8:20Gen 12:7Gen 13:18Gen 20:25Gen 26:25Gen 33:20Exod 17:15Exod 14:4it was lawfull in any place, because no certaine place was designed: but after it was once determined, ooDeut. 12.5, 6, 11, 13, 14.Deut 12:5Deut 12:6Deut 12:11Deut 12:13Deut 12:14it 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) ppLeu. 1.2, 3. & 2.1. Deut. 12.5, 6, 26, 27.Lev 1:2Lev 1:3Lev 2:1Deut 12:5Deut 12:6Deut 12:26Deut 12:27might be offered at any time, because for them was no time determined: but qqExod. 12.6. Num 9 13.Exod 12:6Num 9:13the Passeouer might be celebrated onelyonly 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 p. 138some Seperatists; What warrant, say they, hauehave you to vse this or that forme of praier, or to pray vponupon a booke? I answere; It is warrant sufficient that rrLuk. 18.1. 1. Thess. 5.17. 1. Tim. 2.1.8.Luke 18:11 Thess 5:171 Tim 2:11 Tim 2:8wee are enioyned to vse praier, and ssMatth. 6 9.12. Act. 8.22. 1. Iohn 1.9.Matt 6:9Matt 6:12Acts 8:221 John 1:9such 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, ttEccles. 3.4. Zech. 3.10. & 8.5.Eccl 3:4Zech 3:10Zech 8:5Recreation in generall is granted by all to hauehave 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 vponupon the proofe of it.

Secondly, for the matter and manner of it, …or the things wherewith wee may recreate our selues, uuCertum est in diuini…literis nullam de ludis aut regulā aut formam praescribi; quamuis in eis multa ludorum generae leguntur. Martyr in Iud. c. 14.Judg 14there is nothing determined; any meanes therefore of recreation that are not against the generall p. 139Rules of**R…m. 13.13. 1. Cor. 14.40.1 Cor 14:40 comelinesse and decencie, of xx1. Cor. 6 12. & 10 23. Rom. 14.211 Cor 6:121 Cor 10:23Rom 14:21conueniencie and expediencie, yy1. Cor. 10 31. Coloss. 3 17.1 Cor 10:31Col 3:17of religion and pietie, and the like, are by the word of God allowed, and hauehave 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, zzAffirmanti 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 aaHebraeu & 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.Exod 12:10Judg 3:24going in doublet and hose, bbEt hae… illis oli…, & plaerisque Orientalibus adhuc inusitata.wearing band and cuffes, ccIn Zona siquidē olim g…stabatur pecunia. Matt. 10 9. Marc. 6.8.Matt 10:9Mark 6:8carrying a mans purse in his pocket, ddAccubitꝰ priscus conuiuantiū & cō edentium gestus. Matth. 26.20. foreign. Marc. 14.18. foreign. Luk. 22.14. foreign. Ioan. 13 23. foreign.Matt 26:20Mark 14:18Luke 22:14John 13:23sitting on a stoole at the Table, crossing the water in a Boat when one may goe about by the Bridge, eeOlim vetitum. Leuit. 11.7. Deut. 14.8. de quo Plut. symp. l. 4. q. 5. à Troskistis nostris renouaetum.Lev 11:7Deut 14:8eating of porke, ffEt hoc olim prohibitum, Leu. 7.26. & 17.10. sed & ab Arianis nostratibus nu…er reuocatum.Lev 7:26Lev 17:10blouddings 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 p. 140without 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.