Nature and Use of Lots, Chapter 7

Nature and Use of Lots · Chapter 7

p. 140CHAP. 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 hauehave dealt in this argument, and enforcing them as farre as p. 141themselues 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 hauehave 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.

aaSortes, 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 eueryevery Lot is an especiall and immediate prouidence of God.

No Lot therefore is lightly or vainely to be vsed.

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

bbDan. & 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, ccDan. ibid.The Lot is cast into the lap, but the whole disposition of it is of the Lord: ddFennor of recreat. rule spec. 4.So that the nature of a Lot lieth wholy in this that although the things be of vsus, 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, eeEastie 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 vponupon 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 eueryevery 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 p. 143true that in eueryevery Lot is a speciall and immediate Prouidence of God.

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

The former, that ffChap. 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 ggIbid § 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 hhQuod 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 vsus examine the proofes brought to strengthen this part. First for the sentence of Salomon, p. 144there want not good Authors that expound it of iiDe 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.Jonah 1singular, extraordinarie, and miraculous Lots only: such, to vse the words of one of our kkEastie lust. Gosp.Aduersaries, as are vsed immediately to finde out Gods will: whereas these that we now dispute of are no such; llAuthores 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, mmProu. 16 33. foreign Sicut Num. 26.55. foreign terrā lamen (quod attinet) sorte diuidetur. Et N…hem. 9.32. foreign ne sit …arum tib…, totā haenc molestiam (quod attinet.)Prov 16:33Num 26:55The Lot, it is cast into the lap; nnforeign …moe indiciū cius. M…rcer.but eueryevery iudgement or disposition of it (for there is no article there answering our English The) is of God. As he saith else-where, ooProu. 29.26.Prov 29:26Many seeke the Rulers face or fauour; ppforeignbut each mans iudgement is from God. And, qqProu. 21.31.Prov 21:31The Horse is prepared for the day of fight: rrforeign sicut Psal. 3 9. foreign Et Ion. 2.9. foreignPs 3:9Jonah 2:9but saluation is of God, or belongeth to God, is Gods. Which words so read ttDicere 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 onelyonly 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 onelyonly; but of all mens thoughts and purposes, and words and workes, and counsels and courses; as we hauehave ssChap. …. §. 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 uu… ford. dialog. Et Zanch. de sort. Deum omnia regere, igitur sortes etiam.The disposing of the Chaunce is secrete that it may be p. 145Chaunce indeed and wholy of God, who directeth **Prou. 16.1, 3.9… 33. Balmf. ibid.Prov 16:1Prov 16:3Prov 16:9all things.

Yea take the words as they are vsually read, The Lot is cast into the lap, but xxGeneu. translat▪the whole disposition, or yy7 b… Kings Edit….the whole disposing thereof, is of the Lord; It may as truely be said with good warrant from diuers zzPsal. 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.Ps 33:10Ps 33:11Ps 33:13Ps 33:14–20Ps 37:6Ps 37:7Ps 37:9Ps 37:12–16Ps 127:1Ps 127:2Prov 10:22Prov 19:21Prov 20:24Prov 21:30Prov 21:31Isa 26:12Isa 34:15Isa 34:16Jer 10:23Matt 6:26Matt 6:30Matt 10:29Matt 10:30other 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 giuegive way to them, as he shall see good. So that a man may as well, and vponupon 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 aaIt 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 eueryevery Lot there is an immediate prouidence of God: but it is not yet proued: yea (though that be more then my taske requireth: bbAgenti 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.

p. 146First if in eueryevery 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 eueryevery 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, (eueryevery 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 hauehave lien lower, and those to ly lower and so further from hand that would otherwise hauehave 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 p. 147cast 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 **foreign. 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, 11Altari 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 22Sic 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.

p. 148Yea but ccEast. 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 ddHieron. in Ion. ….1.where he saith (cited eeCap. 2 §. 3.before) that there was a secret hand of God directing the Lot that lighted on Ionas: but ffNon 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, ggAug. 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 hhCap. 4. §. 14.formerly likewise alledged, to wit, iiSortes dixit gr… tiam qua saluati sumus, &c. Aug. in Psal. 30. conc. 2.Ps 30that Gods sauing Grace is called a Lot: because kkIn 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 onelyonly, 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 llTria 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.

p. 149§ 5. Secondly, from the same grounds they reason on this wise, mmBalmford. 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 nnMala. 1.6, 7.Mal 1:6Mal 1:7, and not to be vsed in sport; as we may not pray or sweare in sport: ddExod. 20.7. Esai 29.…3. Ierem. 4.2.Exod 20:7Isa 29:3Jer 4:2But 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 eeProu. …6.33. Act. 1.24, 26.Prov 6:33Acts 1:24Acts 1:26.

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 eueryevery 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 ffProu. 16.33.Prov 16:33former of them, concerning ordinary Lots or Lots in generall, was examined and answered sufficiently before.

The ggAct. 1.24, 26.Acts 1:24Acts 1:26latter is an example of an extraordinary Lot, wherein there was indeed an immediate and speciall prouidence. But hhVise Hieron sup §. 4. Sic & Greg in Ezech. homil. 2. Ali… est quod de doct…i ae vsus… 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 p. 150Lot, 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 iiI…sh 7.16, 17, 18.Achan and kkIon 17.Ionas, and in the election of ll1. Sam. 10 20.21.1 Sam 10:201 Sam 10:21Saul and mmAct 1.23, 24, 25, 26.Acts 1:23Acts 1:24Acts 1:25Acts 1:26Matthias, and the like: whereas the other cast oft in the same case, as for partition of goods and chatels descending by inheritance vponupon, 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:

nnBalmford. 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.

ooDan. 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 ppTanquam reigerendae extraordinarius moderator & arbiter. Dan. ibid.in iudgement where there is no necessitie, for the determining of trifles.

p. 151By the vse of Lots in sport therefore we tempt and dishonour God.

The Proposition is confirmed à simili, rrEastie 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 vponupon by children to determine their sports.

The Assumption is proued à pari, by comparing together a Lot and an Oath: xxB…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. yyBa…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, zz1. Sam. 14.41.1 Sam 14:41Praier is expressed or to be vnderstood. In which regard also as an Oath, so a aaPerkins Cas. of Consc. l. 3. c. 4. § 4 q. 2.Lot is an bbRes sacra. Dan. lud. al. c. 9. rat. 1. religiosa. Iun. in Ion. c. 1.Jonah 1act of religion, in which we referre vntounto God the determining of such weighty things as can no other waies be determined: and therefore ccPerkins 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 ddAct. 1.24, 25, 26.Acts 1:24Acts 1:25Acts 1:26a 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 eeVise sup. cap 5. §. 2.in case of necessity and extremity: and ffPerkins ibid.being a solemne act of religion may not be applied to sporting: ggEastie 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 vponupon one botome, I hauehave 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 p. 152matters sage and serious, or of sport and delight is hhIn Iudo taxillator…o …udicium diuinum non requiritur, sed fortune res cōmittitur. Th…m de sortib. c. 5. & Lyra in Prou. c. 16.Prov 16not 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 iiIudice 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 vponupon him to determine the tithe, in the example before alledged out of kkLeuit. 27.37.Lev 27:37the Law. And therefore consequently llNon est periculum ne Deum t…ntare videamur. Martyr in 1. Sam. c 10.1 Sam 10no 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 vponupon any occasion whatsoeuer. For, It is mmDeut. 6.16. Matth 47.Deut 6:16not lawfull to tempt God nnPraecepta 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 ooEx concessis.by the former grounds and grants: ppExod. 17.2.7. Psal. 78.18.19.20.Exod 17:2Exod 17:7Ps 78:18Ps 78:19Ps 78:20To 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 eueryevery Lot, say they, is such:) Therefore to vse a Lot in any case whatsoeuer is vnlawfull.

p. 153But this Conclusion is vntrue: for qqProu. 18.18.Prov 18:18a 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 hauehave it vsed onelyonly, to wit, requiring & expecting an extraordinary worke of God in it, in any case or vponupon any occasion whatsoeuer, without Gods expresse appointment of it, though all meanes should faile otherwise. For to hauehave recourse to extraordinary meanes when ordinary faile, is to tempt God by refusing to depend and wait vponupon God, as our Sauiour implieth, when rrMatth. 4.3, 4, 2.Matt 4:3Matt 4:4Matt 4:2at the Deuils motion he refused to ssforeign, &c. si…ut foreign 1. Reg. 2.17. malè vulgó exponunt, Iube, impera, &c.1 Kgs 2:17speake to his Father to hauehave 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.Exod 17:2Exod 17:3Ps 78:41the 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 tt2. Cor. 11.31. Galat. 1.20. Phil. 1.8.2 Cor 11:31Gal 1:20Phil 1:8the truth of the thing testified is in an oath put to his testimonie: neither is there in eueryevery Lot any such solemne inuocation of God, as there is in an Oath euer either uu2. Cor. 1.23.2 Cor 1:23expressed or implied, by p. 154which God is called to witnesse with vsus the truth of that we auow, or the truth of our purpose to performe what we promise:yy1. Sam. 14.41. Act 1.24, 25, 26.1 Sam 14:41Acts 1:24Acts 1:25Acts 1:26 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 xxLyra in Pr c. 16Lyra, 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 onelyonly that Prayer was sometime vsed (but mmPrecatur, sed pr…rsus absque omni fide. Mar…yr in Sam. c. 14.a faithlesse praier nn1 Sam 14.41.1 Sam 14:41the one of them without word or warrant) before an extraordinary Lot for an extraordinarie power and prouidence to direct the euent of it; ooAct. 1.24.Acts 1:24the 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: ppLeuit. 27.32.Lev 27:32In assigning and setting out tithe, it was not lawfull, much lesse necessary, to pray God so to giuegive a right Lot, that eueryevery 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 qqHoc 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. 2^a 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 2^o praecept.Ps 109definitions of an Oath may appeare. In election of offices p. 155sacred 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 rrChap 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 onelyonly 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 p. 156like 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 ssExod. 3.2.5.Exod 3:2Exod 3:5the 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:

ttFennor 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: uuCartwr…n Prou. c. 16. Quod s…rt…m appellat iudicium, &c.Prov 16In that Salomon calleth a Lot iudgement, where he saith; **Prou. 16.33.Prov 16:33The iudgement of it is of God: he sheweth that xxPers…rtē Deꝰ ipse in iudicio sed…at.God himselfe sitteth in iudgement by it, and that yySortem esse Dei mund… Iudieu quasi vicarium, qua Deus ipse &c. decernit. Idem in c. 18the 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 onelyonly zzFennor vbi supr.the Scripture maketh a Lot so the sentence of God, as in the most weighty matters of God and man, aaAct. 1.24.26. Num. 26.55. Leuit. 16.8.Acts 1:24Acts 1:26Num 26:55Lev 16:8of life and death, bbIosh 7.14.Josh 7:14it is the very oracle and determination of Gods will, wherein a man must rest without any contradiction or motion to the contrary: but euen ccIon. 1.7.Jonah 1:7the very Gentiles themselues also knew it to be Gods Oracle.

These proofes of the Assumption are vnsound p. 157and insufficient. For first for ddProu. 16 33.Prov 16:33the testimonie of Salomon; though the word therein vsed in his natiue sense and originall signifie properly eeforeign à foreign iudicare, vnde & foreign Iu…ex, & Su…es Consul Poenis apud Enniū, Liu…ū, Festum: inde enim m…lius Ios. Scalig. ad Eus…b quàm à foreign quasi foreign. Id ni ad Fest. & Drus. anim…d…. l. 2. c. 24.iudgement, and is therefore ffIerem. 4 2.Jer 4:2one of the necessarie attendants of a lawfull Oath, as ggI… 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 vntounto it, and might be properly vsed of some speciall kinde of it: Neither doth the word in the ordinary vse of it onelyonly 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 hh… Sam. 2.13. foreignof Elies sonnes towards Gods people; as also where it is applied to the superstitious and sauage demeanour ii1. King. 18.28. foreign1 Kgs 18:28of 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 vponupon 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:)mmTota racio eius. Ium. & Mer…er. disposition, or disposing, Augl. from some taint whereof that speech of nnCartwr. in Prou. c. 18.Prov 18the same Authour cannot bee freed where he saith, that ooValet ad verum reconditissamarum peru…stigatio…ē.Lots are auaileable for the finding out of the most hidden things, as they hauehave beene vsed oft to that end: as also that ppDerebꝰ 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 p. 158things 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. qq2. Sam. 5.24.25.2 Sam 5:242 Sam 5:25The 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 vsus?rr1. Sa. 14.8, 9, 10.1 Sam 14:81 Sam 14:91 Sam 14:10 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 vsus? 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 ssNum. 23.19.20. 1. Sam. 15.29. Esai 14.27.Num 23:19Num 23:201 Sam 15:29Isa 14:27Gods Oracles and sentences are certaine and constant: for ttPsal 33.11. & 111.78. Matth. 5.18 2 C…r. 1.18.19.20.Ps 33:11Ps 111:78Matt 5:18his word and sentence is yea and amen as uuM…lac. 3.6. I…ma. 17. Psal 65.15. Deus Amen.Ps 65:15himselfe. And so were those Lots whereby God somtime gaue sentence, as that which Achan was discouered by, which had it therefore p. 159either beene oft cast, or cast by diuers persons at Gods appointment at once, would still constantly hauehave **Iosh 7.16.17.18. Certissima est cognitio quaeper sortes à Deo temperatas habetur. Zanch. de sort.Josh 7:16Josh 7:17Josh 7:18lighted on no Tribe but Iud…, no kindred but the Zarchites, no houshold but Zabdies, no person but Achan. But then an ordinary Lot xxforeign. Philo de constit. princip. Sor…res est incertissima. Bar… in I…u. c. 1.there is nothing more vncertaine, ready vponupon eueryevery new shaking of the Lot pot to giuegive 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 11As 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 22As 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 vponupon the selfe-same imployment among the same parties, were it certaine, yea or probable that they should all light vponupon the same person? Or were it not triuolous, if not impious, therefore to say, that vponupon eueryevery 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 yyDeut. 32.4. 2. Chron. 9.7. Ps 92.15. & 111. 7.8. & 19.8.9.Deut 32:42 Chr 9:7Ps 92:15Ps 111:7Ps 111:8Ps 19:8Ps 19:9Gods 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 p. 160are many that are no way at all faulty, dare any say that the Death-lot shall light on no one of these, but vponupon those alone that indeed hauehave deserued to die? as zzI…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: 11Fieri potest vt innocentem dam…et sors. Serar. in I…sh. c. 7. q. 20.a Lot regardeth no more right then wrong, 22Ex 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, 33foreign. 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…;aaHonor. 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 bbDeus 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 ccDeut. 10.17. 2 Chron. 197. Iob 34 19. Act. 10.34. Rom. 2.10.Deut 10:17Job 34:19Acts 10:34Rom 2:10no 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 p. 161caution it were not the more warily managed. Was there any such feare, thinke wee, in the Lot that dd1 Sam. 10.21.1 Sam 10:21Samuel cast for a King; or any need of such caution to hauehave beene obserued in it?

§. 11. Lastly, it a Lot were a diuine sentence, eeQuibus in r…bus ad Deum consulendum ventum est, omnino stari indicio eius oportet. Iun. in Ion. c. 1.Jonah 1it were vnalterable and vnchangeable, such as men were euer bound to rest in and abide by, vnderunder danger of sinne and disobedience, without further inquisition, consultation, consideration, or forecasting ought for the worse or the better. ffEst. 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.Esth 1:19Esth 8:8Dan 6:8Dan 6:12Gal 3:15Mans sentence is sometime held such: Gods euer much more. Yea so it was in those Lots, wherein God extraordinarily gaue sentence, as in gg1 Sam. 10 …1.1 Sam 10:1Sauls and hhAct. 1.25, 26.Acts 1:25Acts 1:26Matthias 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 vntounto. In priuate affaires I say, because iiAd 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 kkIudiciū 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 giuegive their consent with (it is a llBucer. 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 vponupon her. Much more idle yet were it for him to beare one downe, that she ought in conscience to hauehave him and no other but him, and that without guilt p. 162of 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 tt1. Sam. 10.22.1 Sam 10:22in Sauls case nothing willing at the first, but enforced in some sort to condescend vntounto that which the Lot imposed vponupon him.

Secondly by mutuall consent it is no question but that men may alter and change their Lots either with other, as uuInter ipsos Consules permutatio prouinciarū facta est. Liu. l 26. anno 544.Leuinus and Marcellus sometime did at the request of the Senate vponupon suite made by the Sicilians whom Marcellus, one they sorely feared, was else to hauehave had. But may any by mutuall agreement alter Gods sentence, as xxProu. 2.17. Matth. 19.6.Prov 2:17Matt 19:6the wife to leaue her head and breake the couenant of her God, yycōuencrat 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 zz1. Sa. 10.21, 22.1 Sam 10:211 Sam 10:22Saul so elected hauehave surrendred his right to another, though the people should hauehave benne willing also to hauehave yeelded thereunto? Or might Matthias hauehave resigned his place to Barsabas, and Barsabas by ioint consent hauehave 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.John 1Prochorus 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 p. 163other 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 vponupon 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 aaAct. 1.25.26.Acts 1:25Acts 1:26Matthias should hauehave sinned in renouncing his Apostleship; so did not bbIoseph 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? ccVise cap. 4. § 7.They esteemed it indeed a very prudent and politike ordinance for the preuenting of diuers inconueniences; yea ddVise 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.Phil 3in some sort too religious, as in their publike affaires it was ordered, in regard eeHinc sortitio vitiosa, in qua …itus illi parum ritè obseruati. Liu. l. 41. ann. 578.of some superstitious rites vsed about it, as ffNihil 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 ggVise qua sup. cap. 4. §. 7.in that regard held they it an hainous offence for any priuate man to alter the p. 164course 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 vponupon, if they either **Corn. Scipioni Hispalli F^o …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 ffHinc foreign actiones. Demost. & Lysiae. Et foreign. Demos…h. in Aristag. 1. Et foreign, qui r…i…ctis sufficiebantur. Vise cap. 5 § 4.vponupon further triall found them to be vnfit: Yea and but that otherwise they might and did vsually goe from it, sometime ggComi…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 hauehave done; sometime hhFlaminē 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 iiDuo deprecati sunt ne in prouincias irent, &c. Liu. l. 41. ann. 578.at the suit of the parties themselues; sometime kkAd Si…ulorum petitionem sup. Leuin & Marcell.at the earnest intreatie of some others; sometime vponupon one consideration, and sometime vponupon another, llVise 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, vponupon 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 mmEx Ioseph. capti…. l. 6. c. 8. & contra Apion. l. 2. ad…ò nefas putabant foreign 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 hauehave done the seruice.

p. 165True it is indeed that in the Ciuill Law nnA 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) ooQuia 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 ppQuia facilioris iudicij & actus causa ita placuit. Gregor. Tolos. de appell. l. 2. c. 16.this course is taken for more speedie dispatch; because qqAlioqui 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 vponupon it: and lastly rrQuod 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, ssA 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: ttforeign. 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 hauehave made choise of by mutuall consent; As also uuforeign à quibus appellare licebat ad Indices: foreign, 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 p. 166them; yet **foreign (Arbitrum loquitur ex mutuo consensu detectū ) foreign. Lex Athenieus. apud Demosth. in Midiam.from such as by mutuall agreement they had referred themselues vntounto, it is apparent that they could hauehave 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 vponupon the lesse part and so of sustaining the losse was alike vntounto either; yet it is the opinion of good Lawyers, that xxNon 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:

yyBalmsor dialog. argum. 3.Whatsoeuer God hath sanctified to a proper end, is not to be peruerted to a worse end zzMatth. 21.12, 13.Matt 21:12Matt 21:13.

But God hath sanctified Lots to a proper end; viz. to end controuersies **Num. 26.55. Trou. 18.18.Num 26:55.

Therefore man is not to peruert them to a worse; p. 167viz. 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 onelyonly 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 aaTheir proper vse is to decide great controuersies Perkins gold. chaine, chap. 20. on precep. 3.God hath sanctified Lots to this proper vse, p. 168to 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 bbMatth. 21.12, 13. ex Esai 56.7. & I…r. 7.11.Matt 21:12Matt 21:13Isa 56:7an 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, ccProu. 18.18.Prov 18:18The Lot stinteth strife, and maketh partition among the mighty. For ddNum. 26.55.Num 26:55the other place is but an instance that a Lot once was by Gods owne appointment so vsed. It is amplified à simili, eeThe 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 ffFenner 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: ggFennor ibid.As when the Apostle saith, hhHebr. 6.16.Heb 6:16An Oath for confirmation among men is an end of all strife, his purpose is not so much to teach vsus, that men vse an Oath to end controuersies; (which eueryevery man knoweth,) but that God hath dedicated and made an Oath holy and sure onelyonly 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 vsus that a Lot ended such controuersies among men, which all know, but that God hath ordained it onelyonly for that vse.

§ 14. For the fuller answere to this argument and the proofes of it, diuers distinctions, of some p. 169good 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 iiEsai 13.3.Isa 13:3the Medians said by God to be sanctified for the subduing and sacking of Babel: and so are kk1. Tim. 4.4.1 Tim 4:4meates said to be sanctified by Gods word for mans foode; and ll1. Cor. 7.14.1 Cor 7:14the 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 mmGen. 2.3.Gen 2:3God sanctified the seuenth day of the world; and where nnExod. 20.8.Exod 20:8men 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 ooGen. 1.29.Gen 1:29sanctified for mans foode, as they are ppEsai 38.21.Isa 38:21not yet restrained from phisicke: yea thus was the water that qqNum. 20.10.11.Num 20:10Num 20:11miraculously gushed out of the rocke so rr1. Cor. 10.4.1 Cor 10:4sanctified to a spirituall employment, as yet it was not denied vntounto ciuill and prophane vses, euen ssNum. …0.8, 11.to the watering of brute beasts: sometime to sanctifie and to appropriate, when God sequestreth and seuereth p. 170the Creature so sanctified vntounto 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 ttExod. 30.31, 32, 33.Exod 30:31Exod 30:32Exod 30:33that curious composition of pretious and holy ointment expresly inhibited to all other vses; or some particular onelyonly of that kinde; as uuExod. 30.23.Exod 30:23the spices and odours ingredients of that holy ointment; as **Exod. 30.26, 27, 28, 29. & 29.44.Exod 30:26Exod 30:27Exod 30:28Exod 30:29Exod 29:44the Tabernacle, xx1. King. 8.10, 63, 64. & 9.3.1 Kgs 8:101 Kgs 8:631 Kgs 8:641 Kgs 9:3the Temple, and the appurtenances of either: and as those Elements of yyMatth. 3.11. Ephes. 5.25. 1. Cor. 6.11.Matt 3:11Eph 5:251 Cor 6:11water, zz1. Cor. 10.16.1 Cor 10:16bread and 11Matth. 26.27, 28, 29.Matt 26:27Matt 26:28Matt 26:29wine 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 onelyonly 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 aaProu. 18.18. Num. 26.55.Prov 18:18Num 26:55places produced to any holy or spirituall, but to a ciuill vse onelyonly.

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

If of things sanctified onelyonly but not appropriated, the Proposition is not true; For bb1. Cor. 11.23, to 28.1 Cor 11:23–28bread and wine are sanctified to be seales of Gods couenant, and yet doth not that hinder ccPsal. 104.15.Ps 104:15the lawfull vse of them otherwise: so was oyle sometime ddLeuit. 21.…, 10, 12. Psal. 89.20. & 133.2.Lev 21Ps 89:20Ps 133:2sanctified p. 171to 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 & 23.30.1 Sam 10:11 Sam 24:71 Sam 26:111 Sam 16:132 Sam 2:41 Kgs 1:392 Kgs 11:122 Kgs 23:30Kings and eeLeuit. 8.2.10.Lev 8:2Lev 8:10Priests, and yet did not that then restraine ffPsal. 104.15. Eccles. 9.8. Matth. 6.17. Luk. 10.34.Ps 104:15Eccl 9:8Matt 6:17Luke 10:34the ciuill vse of it for food, phisicke, necessity or lawfull delight. Or to vse a more familiar instance and neerer the present purpose, ggGen. 1.29.Gen 1:29the 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 hhDa 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 iiforeign, 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 kkExod. 30.31, 32, 33.Exod 30:31Exod 30:32Exod 30:33holy ointment inhibited to all other vses; and as it is in the llRom. 4.11. Exod. 12.11.Rom 4:11Exod 12:11Sacraments sequestred and set apart to certaine spirituall purposes onelyonly, 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 mmProu. 18.18.Prov 18:18Salomon: that place sheweth onelyonly nnSu…ma est singula…m esse sortis vsum in componandis litib…. Cartw…. in Prou. c. 18.Prov 18how a Lot may well and wisely be vsed; but neither enioyneth that vse of it, nor restraineth it thereunto. It approueth onelyonly 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 hauehave that the proper or onelyonly end of it.

p. 172§ 15. But ooHebr. 6.16.Heb 6:16the 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 onelyonly end of an Oath, to stint strife and controuersie, neither is it so indeed.

His purpose is not to shew it: for ppHebr. 6.13, 16, 17, 18.Heb 6:13Heb 6:16Heb 6:17Heb 6:18it is onelyonly 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 qqI…rat vobis per quem iuratis. Cassiod. Var l. 8 ep. 3.he sweareth to vsus by whom we sweare: like the Argument vsed by the Apostle else-where, rrGalat. 3.15.Gal 3:15A mans couenant or testament once ratified no man annulleth; much lesse can any annull or abrogate Gods.

Neither is that the onelyonly lawfull end of an Oath. For there be other ends of it; as, to giuegive assurance of the performance of couenants and promises. For what controuersie was there betweene Ionathan and Dauid to be ended by Oath, when ss1. Sam. 20.16, 17, 42.1 Sam 20:161 Sam 20:171 Sam 20:42they sware either to other? or what controuersie was there betweene GOD and Abraham, or Dauid and GOD; when ttGen. 22.16, 17. Heb. 6.13, 14, 17, 18.Gen 22:16Gen 22:17Heb 6:13Heb 6:14Heb 6:17Heb 6:18God sware to Abraham, and uuPsal 119.106. & 132.203.Ps 119:106Ps 119:132Dauid 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.Prov 18:18other 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 onelyonly; or among men of might alone, though Salomon expresly p. 173name 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 xxVise Lauat. & Bainū in Prou. 18.Prov 18to 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 yyCartwr. 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 hauehave beene vsed zzIosh 7.14. Ion. ….7 1. Sam. 14.42. Leuit. 16 8, 9.Josh 7:141 Sam 14:42Lev 16:8Lev 16:9oft 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 vsus, 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 aa…alms dialog. ground 1.we reade not in Scripture that Lots were vsed but in serious matters onelyonly both by Iewes and Gentiles: bbEasti… …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.

p. 174This is like Ambroses argument against merry iests; ccIoca 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, ddHebr. 1.4, 5. Quod non lego, non credo ▪ foreign, &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.Heb 1:4Heb 1:5Titus 1Matt 23such 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, eeScriptura 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, ffGen. 4.17.Gen 4:17Cain hath but one sonne mentioned by Moses, therefore hee had no more sonnes or children but him. Much lesse may a man reason ggA 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 hauehave 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 onelyonly, which yet may be vsed also vntounto others. No vse of butter recorded in the word but for foode onelyonly: 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 p. 175word, 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 hauehave hhVoluntas 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 iiIer 7.31. & 19.5 Coloss 2.22, 23.Jer 7:31Jer 19:5Col 2:22Col 2:23from the negatiue for the substance of it, because kkDeut. 12.30, 31, 32.Deut 12:30Deut 12:31Deut 12:32God 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 (ll1. Sam. 14.31, to 35.1 Sam 14:31–35 at least allowed or allowable) of eating Bloud in Scripture: therefore a man may not eate a blacke pudding. In which conclusion p. 176I 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 mmGen. 9.4.Gen 9:4before the Law, nnLeu. 7.26, 27 & 17.10, to 15. Deut. 12.16, 23, 24, 25 & 15.23.Lev 7:26Lev 7:27Lev 17:10–15Deut 12:16Deut 12:23Deut 12:24Deut 12:25Deut 15:23vnderunder the Law, and ooAct. 15.20, 29.Acts 15:20Acts 15:29after the Law, (to omit what ppforeign. Clem. constit. Apost. l. 6. c. 12. foreign. Canon. Apost. 62. foreign. 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 hauehave held of it) but the other no where in neither. And if qqGalat. 5.1.Gal 5:1Christian libertie notwithstanding bought with the bloud of Christ, giuegive Gods children a free vse of the one, how much more then of the other. If rrAct. 10.13, 14, 15. Rom. 14.14. Tit. 1.15.Acts 10:13Acts 10:14Acts 10:15Rom 14:14Titus 1:15it 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.

ssEast. historie of the Gospell, reas. 3.Scripture noteth wicked men to hauehave 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 ttPsal. 22.18.Ps 22:18Sauls seruants vsed about Dauids apparell, or that uuMark. 15.24. Iohn 19.24.Mark 15:24John 19:24the souldiers cast on Christs garments: not vsed by them, as xxProcop. in Genes. c. 28.Gen 28some hauehave supposed, superstitiously, out of a conceipt of some virtue that they hoped to finde in Christs cloathes, his seamelesse p. 177yyS…bucula interior. Euthym. in Matth. c. 67.shirt especially, to cure diseases withall, as had zzMatth. 9.20. 21. & 14.36. & Chrysost…m. in Matth. homil. 87. & Theiphyl. in Matth. 27.Matt 9:20Matt 9:21Matt 14:36Matt 27sometime beene done, nor yet, as * others say, in despight of him done to his garments alone, but, as aaCyril. in Ican. l. 12. c. 32. & Caluin. harm. Euang. & Maldonat. in Matth. c. 27.Matt 27their vsuall custome was to diuide among themselues the rayment of such as were executed by them, (which was, it seemeth, as among vsus also it is, part of their fees;) so did they then our Sauiours, and that in this manner, partly bbBaron. tom. 1. ann 34. Gualter. in Ioan. c 19.John 19to saue that that might else hauehave been spoiled, and partly ccSuarez 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 hauehave conueniently been parted among them, each of them hauing an equall interest therein. For in such case euen those that condemne ludicrous Lots, yet ddMartyr in 1. Sā. Perkins Cas. Cō science, and of Witchcraft.admit them for partition of prey and spoiles taken in fight. And eeAdmiratione digna militum modestia, &c. quòd sort… committere vol… ri…t: contra quam fratres germani multi, &c. Gualt. in Ioan. c. 19.John 19some 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 ffN. S.one vseth to condemne **Natalitia.birth-day feasts, because we finde them not vsed in Scripture but by two onelyonly, and both bad ones, ggGen 4 … 20.Gen 4:20Pharao an Heathen the one, and hhMatth. 14.6.Matt 14:6Herode, no better, if not worse then an Heathen, the other. Which argument yet will not hold; no more then to reason on this manner; iiMatth. 24.38. Luk. 17.16.Matt 24:38Luke 17:16Wicked men plant and build, and mary and make mariages; therefore planting and building and marying and making mariages are euill. Or, kkGen. 31.55. Ruth 1.14.Gen 31:55Ruth 1:14wicked men hauehave sometime kissed their friends at parting: p. 178therefore it is not lawfull for good Christians to doe so. Or, to come fuller home; We read not in the word llEzech. 27.12, 19, 22, 27.Ezek 27:12Ezek 27:19Ezek 27:22Ezek 27:27of 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 mmGenes. 40.1. Nehem 1.11. aliud enim foreign aliud foreign Gen. 15.2 quod Hieron. non aduertit quaest. in Gen.Gen 40:1Neh 1:11Gen 15:2prophane Princes that kept Butlers or Bakers: therefore Christian Princes ought not to hauehave such Officers. Or, ooEsai. 5.12. Amos 6.4▪ 5, 6.Isa 5:12Amos 6:4Amos 6:5Amos 6:6Musicke 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 hauehave wee gone through the maine and most forcible Arguments that are produced against lusorious Lots. For these arguments onelyonly 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▪

p. 179But 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:

ppDa…. 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 onelyonly.

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 vntounto.

First, that it toucheth and concerneth onelyonly such games as consist of and depend vponupon meere casualtie onelyonly: (not those that are mixt of chaunce and arte, wherein qqforeign. S…pho…l. Pal…m & H. sych. foreign Et Plato de…ep. l. 2. foreign.much skill and industrie of minde may be vsed) which the Author indeed of this argument onelyonly 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 vntounto all.

Secondly, that the end and scope of recreation is not rightly assigned: which is principally, as the very name of it implieth, to rrforeign. Arist. pol. 8.3. foreign. 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.Judg 14recreate and refresh the minde, or body, or both by delight.

p. 180ffItaque Musicam à Gymnastica seceruit Arist. poli…. l. 8. c. 3. quod ista conduc…t foreign.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 onelyonly; but no pastime, as to him that shooteth abroad vponupon pleasure. So when two ride together in hunting, the one onelyonly 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 onelyonly, 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 iiSummi 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 ttCh…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 foreign.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 uuTale 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 p. 181is 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 uuforeign. Homer. Od…ss. foreign 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 xxIocus 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.