Nature and Use of Lots, Chapter 5
CHAP. V. Of the Lawfulnesse of such Lots: with Cautions to be obserued in the vse of them.
§ 1. NOw that Lots of this kinde are lawfull being vsed with due Caution, most Diuines acknowledge, howsoeuer the arguments that some of them bring, are not so sound many of them as were to be wished; and their Cautions the most of them are either vnsound or superfluous, as vponupon the view and surveigh of some of them shall appeare.
In the arguments alleaged for them, the generall error of most Authors is (that which hath also caused much mistaking otherwise) that they confound Ordinarie and Extraordinarie Lots the one with the other, and so reason without reason from the one to the other: As if a man should reason from aIudg. 3.21. peculiaria in exemplum non sunt trahenda. Martyr ibid.E…uds slaying of Eglon bQu…modo Xystus 5. Iuditham Holophernis interfectricem, cum Monacho Regis Galli occisore committit; in Orat. habita in Patrum Consist.to the Iesuites and Romanists murthering of Princes at this present, supposing them to be Heretikes and Enemies to Gods Church; or from cNum. 25.7.8.Phineaz his killing of Zimrie and Cozbi, dQuo modo Gloss. ad Greg. decret. l 5. t. 7. c 5. ex Grat. de…r.c. 23. q 8. hoc ipso abutitur exemplo ad laere…cos interfici…ndos.to the like execution done vponupon delinquents taken in the like act by some priuate person in these times; or from eDeut. 7.1.2.the Hebrewes surprizing of the Land of Canaan and rooting out of the Canaanites by Gods speciall appointment, to fVise Fr. Victor de Indis relect. 5. §. 2.the Spaniards dispeopling of the West Indies, as they tearme them, in such places as they seised on; or to iustifie our seising vponupon any other part of the world, and seeking in like manner to subdue or destroy the Inhabitants thereof.
Let the Arguments of gAret. in Problem. part. 1. loc. 67.one that hath heaped vp most serue for the rest, to shew how confusedly men hauehave formerly dealt in this argument.
First, therefore saith he, hGubernantur à Des ad bonū finem. Aret. ibid. §. 4.Lots are guided and gouerned iProu. 16 33.by God to a good end.
True: but k2. Cor. 12.7. Act. 15.38, 39, 40, 41.so are mens sinnes too guided to good ends by God l2. Cor. 4.6. Psal. 112.4.drawing light out of darknesse, and mGen 50.20. & 45.5, 7, 8. Psalm. 105.16, 17.turning euill to good, and nImplet Deus v… luntates suas vti que bonas per malorum hominum voluntates malas. Augenehir. c. 101.vsing mans euill will to the working and effecting of his owne holy will. For oVitiorum nosfirorum non est autor Deus, sed ordinator est. Quaedam ergò & facit & ordinat; quaedam ver ò tantûm ordinat: Iustos & fatit & ordinat; peccatores autem, in quantum peccatores sunt, non facit, sed ordinat tantùm. Aug. de Gen. ad lit. l. 5.he disposeth and ordereth all things, euen the wickedest and the worst things, pNon fit praeur Dei voluntatem etiam quod contra ciusdem fit voluntatem; quia non fi ret, sinon sineret: nec vtique nolens sinit, sed volens: nec siner…t summè bonus fieri malum, nisi posset de malo facere bonum. Aug. enchir. c. 100.who being infinitely good, would not suffer any euill, but that he knoweth how to doe good euen with euill.
Secondly, qOrtum à Deo habent. Aret. ibid. Deo autore vsi sunt. Ibid.Lots hauehave their originall from God, who commaunded rLe…it. 16. 8, 9, 10.Lots to be cast vponupon the two goates; and sNum. 26.55, 56.enioyned a diuision of the Land of Canaan by Lot.
But these examples and the like simply considered, warrant no vse of Lots further then in the particulars there mentioned: no more then the Commandement tNum. 21.8.giuen Moses to make the brasen Serpent which was uIoh. 3.14.15. Non imago Dei, sed figura crucis dominicae. Tertull. de idololatr.a Type of the Messias, *Idem Deus, qui lege vetuit similitudinem fieri, extraordinario praecepto serpentis similit…diuem interdixit. Si eundem Deli obseru…s, habes logem e…us, Ne fecuris sumilitodinē. Si & praeceptum factae posteà similitudinis respicias, & tu imitare M… sem, ne facias aduersus legem simulacrum aliquod, nisi tibi Deus sufferit. Tertull. ibid.will warrant the ordinarie making of Images for religious vse otherwise.
Thirdly, xApprobante Deo missae. Aret. ibid.God approued the Lots practised by yIosh 7 16.17.18Ioshua and z1 Sam. 10.20.21Samuel; for the discouery of Achan, and the election of Saul.
True it is; God approueth whatsoeuer he commaundeth. But Gods approbation of what hee commaundeth, giueth no warrant for what he doth not likewise commaund. That which this Authour himselfe also well saw where he saith, that aAret. ibid. § 6.The examples of the Saints are not easily to be imitated. And againe, that bIbid. ca…t. 3.what Ioshua did, he did enioyned it by God, which no man may therefore take paterne to doe the like by, vnlesse he hauehave the like commaundement from God so to doe. And what he saith of Ioshua, may be said also of Samuel.
Fourthly, cIn alijs casibus pij his landabiliter f…nt vsi Aret. ibid. § 4. rat. 4.In other cases hauehave godly men likewise laudably vsed Lots. Asin dLuk. 1.9.the ministery of Zacharie; in eAct. 1.26.the choise of Matthias; in f1 Sam. 14.41.42.the discouery of Ionathan: nor are the Lots disallowed that gIon. 1.7.the Seam…n cast vponupon Ionas.
These examples some of them, as that of Matthias his and the former, were extraordinary actions, done by speciall warrant: others of them, as those of Saul and the Seamen vponupon Ionas and Ionathan though not expresly condemned, yet are not allowed, neither can well be justified; and others lastly of them, as that of Zacharie, are of the point in question, and must by some other ground be proued warrantable.
Fiftly, hFaciunt ad Dei gloriam; dum Domino deferunt iudicium, &c. Aret. ibid. rat. 5.They make for Gods glory; recourse being had in them to Gods iudgement.
So iR…m 3.7.aly may make for Gods glory; and yet kIob 13 4.7. 1. Cor. 15.14.15.is not therefore allowable. Yea the very offring to hauehave recourse to Gods immediate iudgement without speciall warrant is vnwarrantable.
Sixtly, lControuersiae litesqu… inexplicabiles ei… fi…iuntur. Aret. ibid. rat. 6. foreign Schol Apollon. Argon. 2.They end great strifes and inexplicable suites.
The Vse of them then is profitable and commendable, if allowable and warrantable: But that is the point to be proued. Otherwise mRom. 38.Euill may not be done that good may come of it. Yea nVise Aug. de mendac c. 10.the least morall euill that is may not be admitted for the preuenting or auoiding of the greatest naturall euill, or for the archeiuing of the greatest politike good.
§ 2. And of this nature are the arguments that are vsually brought for the confirmation of the truth in this point. Which in regard therefore of the inualidity and insufficiencie of them leauing to their seuerall Authors to make good as they may, we will assay to giuegive some sounder groundes: And for the present we will presse onelyonly the testimonie of Salomon, where speaking of such kinde of Lots as these are, he saith, that oProu. 18.1….The Lot staieth or …inteth contentions or suites, and maketh partition among the mightie. In which words the holy Ghost manifestly not alloweth onelyonly and approueth the vse of Lots in such cases, but commendeth it vntounto vsus as a wife and discreete course for the taking away of controuersies and questions in this kinde, and the preventing of law-suites or other quarrels that thence otherwise might arise. The place is pregnant, and the proofe expresse, considering whom it is spoken by. Neither shall I neede to spend many words for the present either for the further vrging and enforcing of it, or the seconding of it with other arguments: partly because most Diuines generally concurre in the approbation of them, though their proofes be most of them impertinent; and one euident argument may well suffice in a matter not much controuersed; and partly also because the point will receiue further strength from the arguments that shall pChap. 6. §. 4. &c. to the end.hereafter be produced for the next sort of Lots, which are more questionable then these. Whither referring the Reader for fuller satisfaction, we will proceede in the next place to consider of the Cautions necessarily to be obserued in the vse of such Lots.
§ 3. When therefore it is said that such Lots are lawfull, it is not so to be conceiued, as if the meaning were to justifie eueryevery particular instance in that kind that either was formerly produced or euer hath bin practised; qIn omnibus re…ꝰ videndum est qua…enus. Suus enim cuique modus est. Cic in oratore.particular circumstances many times alter the nature of actions, and make those things oft vnlawfull, that otherwise are not euill; but to approue onelyonly the vse of them in those cases, where by such circumstances it is not corrupted and changed. In regard whereof it is not without iust cause, that those that deale in this argument, and allow the vse of such Lots, are wont to annex certaine Cautions or rules to direct and limite the vse of them: yet herein failing not a little, in that, as their proofes the most of them are insufficient or impertinent; so their Cautions are many of them either vnsound or superfluous, to wit, such as sort not either with the nature of these Lots, or with the ordinarie vse of them. Wee will first breifly consider of them, and then set downe some other, more apt at least, in the roome of them.
The first Caution then giuen vsually is that aPeccatur, si absque necessitate ad sortes recurra…ur. Them sum p…r. 2a 2 a.q 95. a. 8. & de sort. c. 5. Nider ad praecept. 1. c. 10. Mar…yr. in 1. Sam. c. 10. Aret. probl. par. 1. loc. 67. § 6. …ut. 1. Serar. in I…sh t…m. 2. c. 7. q. 21. Bodin. daemonel. l 1. c 6.men vse Lots as *Omnia prius t…ntand., quam ad ludicia descendamꝰ. Martyr. in 1. Cor. 6Law, or bConsilio omnia p…iꝰ e…pe…iri quàm armis sapientis …ss…. T…r. E…nnc. act. 4. sc. 7. Pa…mhabere …ebet vo untas, bellum necessitas. August. epist. 205. Et Liu. hist. …. 9. Iustū est bellum, q…ibus necessariū; & pia arma, quibus nulla nisi in armis reliuquit…r spes.Armes, only in case of necessetie, when they hauehave tried all other courses, and where all other faile, when nothing else will serue to effect what we would hauehave: cThom. vbi supra. & Ale…. Alos sum. par. 2. q 185. mē. 3.Otherwise to vse Lots were a tempting of God.
But it is not necessary to require any such necessitie, since the thing that is thus put to Lot ought to be a matter of meere indifferency, as hereafter shall appeare; and the course it selfe also is no other. Which therefore euen where diuers waies or courses may be to end a controuersie by, may choise be made of among the rest, being as fit and equall as any of the rest. The suites mentioned by Salomon in dProu. 18.18.the place before alledged as determinable by Lot, are such as may by other courses also, (as by arbitrement and compromise, or by condescension eGen 13.89.the one yeelding the choise to the other,) be composed: and therefore it is not necessitie simply, that either enforceth or warranteth the vse of a Lot in them. Neither is there in such case any tempting of God, where there is, as no neede, so no expectance of any extraordinary worke of God. Yea on the other side where the same is either required or expected, there God is tempted, be the necessitie enforcing the Lot neuer so great.
The second Caution is that fPeccatur, si quis absque Dei reuerenti… sortibꝰ vtatur. Thom. 2• 2 ae q. 95. a. 8. & de sort. c. 5. Martyr. ad 1. Sam. c. 10. Nider ad praec. 1. c. 10. B…din. daemonol. l. 1. c. 6They bee reuerently and religiously vndertaken, gFus…s ad Deum precibus. Bed… in Act. 1. Et Orig. in Iosh. hom. 23.with solemne praier vntounto God formerly conceiued, as hAct. 1.24, 25, 26.was sometime done in the choise of Matthias.
It is true indeede that i1 Cor. 10.31. Coloss. 3.17.nothing ought to be done irreligiously or irreuerently. But yet there is great difference in the religious and reuerent vsage of things, to be meated out and limited by the weight of the worke. In regard whereof there may be no want of due reuerence in some actions, wherein yet such solemnities are not obserued.
Againe it is no lesse true, that we are to kLuk. 18.1. 1. Thess. 5.17.pray continually: and that l1. Tim. 48. foreign. Marc. leg. spir.all our actions (euen the least and lightest of them, euen our sports and pastimes, much more all our serious, though ciuill, affaires) are to be sanctified by praier: But how? or in what manner? Not that a man is bound at each seuerall act, as vponupon eueryevery bargaine he maketh, or eueryevery peni-worth of ware that he selleth, to fall downe on his knees and conceiue a set praier; no more then to say a new grace for each seuerall course that is brought to the bord, or each seuerall dish that is carued at the bord, or vponupon eueryevery other bit of meate that hee putteth into his mouth. The praier conceiued at the beginning of the meale serueth sufficiently for all: and the mPsal. 55.17. & 141.2.Morning sacrifice sanctifieth the whole ordinarie daies worke, though eiaculations, as they tearme them, may be seasonably vsed, as occasion shall require. So here vsually is no other sanctification required then is common to other ciuill affaires: Not but that nIn sacris literis ideò preces praemissae, quia de rebus grauioribus sortes adhibita. Serar. in Iosh. c. 7. q. 21.praier specially applied to the Lot may in some case be conceiued, where the matter is more weightie, and the euent of some consequence, as oforeign. Plato de leg. l. 6.in the choise of a Magistrate, or pforeign.-Hom. foreign Vnde Aiax apud Ouid. Metam l. 13. - sortemque meam vouistis Achiui, E… vestrae valuere preces.- Et Liu. l. 10. Sortientibus prouincias Coss. Hetruria Caruilio euenit secundùm vota milit…m.of a Combatant, in diuision of Land where some speciall cause is to affect one part before another, and the like: Otherwise qIn rebus leuicul…s non est necessaria oratio. Serar. in Iosh. c. 7. q. 21.solemne praier is no more necessarie vntounto the vse of a Lot, then it is to any other ordinarie busines whatsoeuer. The instance giuen is of a sacred extraordinarie Lot. And it is no sound course to reason from extraordinarie to ordinarie, from sacred to ciuill, from some particular to the generall.
A third Caution is that rVt absit superstitio & curiositas. Martyr. ad 1. Sam. cap. 10. & Aret. probl. par. loc. 67. §. 6. caut. 2.No superstition or curiositie be mixt with it: but sEuentus á Deobo…isue Angelis expectetur, &c. Thom. 2• 2ae q. 95. a. 8. & de sort. c. 4. Nider. inpraecept. 1. c. 10.the euent be religiously expected from God.
Superstition indeed altreth the nature of a Lot, and maketh it not a meere Diuisory but a Diuinatorie Lot: for the paring whereof away therefore some Caution may seeme needfull: as we shall afterward see.
For the latter Clause: to expect the issue and euent of it, as by ordinarie meanes from God, is common to all actions: to expect it by an immediate and extraordinarie worke is no more lawfull here then else-where, yea is indeed meere superstition, as hereafter we shall shew.
The fourth and fift Cautions are that tNe in illicita inquiramus, &c. Aret. ibid. caut. 3.We inquire not into things vnlawfull by Lot: as what is become uIosh. 7.16, 17, 18.of goods stolne or lost; or *Ne in futura. Aret. ibid.to foretell what shall be: for that is to turne Lotery into Sorcery.
But such Lots as these are meerely Diuinatorie, (no Diuisory Lots) of which seuerally by themselues.
A sixth Caution, that xNe diuina oracula ad terrena negotia conuertantur. ex Aug. epist. 119. c 20. Thom. p. 2a 2ae q. 95. a. 8. Nider. ad praecept. 1. c. 10. Martyr. ad 1. Sam. c. 10.We vse no texts of Scripture in our Loteries.
It is true indeed generally of all actions, that holy things are not to be applied to prophane vses. But the abuse here touched is in diuinatorie Lots, simply vnlawfull, whether such sacred things bee vsed in them or no.
A seuenth Caution is, that yNe in electionibus … Ecclesiasticis, &c. Thom. sum. par. 2a 2ae q. 95. a. 8. & de sort. c. 5. Nider. ad praecept. 1 c. 10. Panorm. ad Decretal. l. 5. de Sortileg. tit. 21. cap. 3. vbi Honorius 3. Quod Pontificem ex vobis vnū elegistis per sortem, nota non caret: quinimò multa reprehensione dignū est, quod sors in talibus interuenit. Et post, Sortis vsum in electionibus perpetua prohibitione damnamus.They be not vsed in Ecclesiasticall elections: for in temporall dignities or offices they may.
And why not in those as well as in these, where the people or persons that hauehave power to choose are diuided in their choise, and the Competitors generally held equally fit for the place? that which zIn pastorum Ecclesiae vocationibus vti licet. Dan. de lud. al…ae. ca. 9. Qua in re Script… ris saecris repugnet, non liquet. Lauat. in Prou. c. 16.others also of good note graunt, and *Si prohibitio iuris positiui secludatur, non video peccatum aliquod, &c. Caietan. sum. tit. de sort, Si contentio esset de aliquorum electione, & esset parit… vtrobique, scripserunt Laurent. Raimund. Ioan. & Cancell. quod possent fieri sortes. Sed hoc repr… batur in extrau. vnde Hostiens. & Goff dieunt quod non posset fieri sine autoritate Papae. Astesan in sum. l. 1. tit. 14.diuers Popish ones too, saue for the Popes prohibition.
The eighth and last Caution is that aVt fraus & dolus malus absit. Martyr. in Sam. c. 10. Aret. problem. part. 1. loc. 67. §. 6. ca…t. 5.No couine or crafty conu…iance bee vsed in them: like that which bEx Pausania Aret. ibid.Temo the Preist vsed in deciding a controuersie betweene Cresphontes and Aristodemus his issue.
For the story here touched, it is diuersly reported by Authors, and in some particulars mistaken by him that alledgeth it. We shal hauehave occasion cInfra cap. 12. §. 6.hereafter more particularly to relate it. Meanewhile this may suffice, that, howsoeuer that which is here touched and the like guilefull courses are vniust and consequently vnlawfull, especially where both parties hauehave an interest in that that is to be shared: For I dare not condemne Caesars slight who in punishing of his mutinous troupes, where it was in his owne power to slay or saue whom he would, kforeign. Dion. Cass. …. 41.carried the matter so cunningly, that the Lot lighted on those that had beene faultiest and forwardest in that busines. Howsoeuer, I say, such injurious and coosening conueiances are vnwarrantable: Yet this Caution seemeth needlesse, because the very nature of a Lot excludeth all such courses: and therefore to giuegive such a Caution concerning a Lot, is as if a man should say that A Lot must be a Lot, or else it cannot be a lawfull Lot. For where the euent is determined by such counsels or courses, there is there no casualtie, and so consequently no Lotery. Whereas the Question is here how a man may lawfully vse a Lot, not whether he may not vse some other course in steede of a Lot, when he pretendeth to vse it.
§ 4. These are most of the Cautions most commonly giuen; in steede whereof, because the most of them are not so materiall, it shall not be amisse to propound some other that may more precisely limite the vse of this kinde of Lots, and meete with the abuses most vsuall in such.
Now these Cautions may bee referred to two heades; they concerne either the matter wherein they are vsed, or the manner of vsing them.
Concerning the matter or businesses wherein Lots may lawfully be vsed the rule of Caution in generall is this that Lots are to be vsed in things indifferent onelyonly. Which Caution that it may be the better conceiued, a word or two will doe well for the explication of the word Indifferent vsed in it. The rather for that some there be that suppose that there is no Act at all Indifferent; and so according to their judgement, if Lots may be vsed in things indifferent onelyonly, they may not be vsed at all. True it is that in the Schooles there are two receiued Axiomes that may seeme the one to crosse the other, to wit, that lOmnis actio est adiaphora.EueryEvery action is indifferent; and that mNulla actio est adiaphora. Vise Gerson. in regul. mor.No action is indifferent: which seeming contradiction they yet salue with a distinction of nOmnis nuda; nulla vestita.naked and clothed, that eueryevery naked or bare action simply conceiued is indifferent, but no action clad with his particular circumstances is indifferent. For example, say they, to strike is indifferent, but to strike an Innocent, or to strike without authority, or to strike in this or that case, this or that Person, is not so. But to come neerer home to that wee hauehave now in hand: The word indifferent may be taken two waies, either as it opposed to Good and Euill, and more specially to such actions of virtue and vice as deserue more speciall either praise or reproofe; or as it is opposed to necessary good duties, such things as must needes be done, and so consequently also to Euills simply forbidden, which in that regard may in no wise be done. In the former sense is that said to be oOmnia aut bona sunt, a…t mala, aut indifferentia: quod nec bonum nec malum est, sequitur vt medium sit. Senec. epist. 118. Indifferentia dico. quae Graeci foreign vocant, quae nec bona, nec mala sunt. Idem ep. 83. foreign indifferens siue medium, quod nec bonum nec malū est: quod nec in bonis ponitur, nec in contrarijs. Cic. de fin. lib. 3.indifferent, that is neither good nor bad, neither lawfull nor vnlawfull. In this sense albeit many pIndifferentia sunt morbus, paupertas, &c. Senec. ep 83. Indifferens est actus omnis à ratione non procedens. Thom. sum. par. 2• 2ae, q. 18. a. 9. Id medium atque indifferens v…camus, quod tam malo contingere quàm bono potest. Senec. ep. 118.naturall actions not proceeding from reason, and therefore comming not within compasse of the Morall law, as for a man to talke or walke in his sleepe and the like, are in that regard meerely indifferent, no Law being giuen of them that may be obserued or transgressed in them: As also howsoeuer qforeign, quaeper sese ipsa neque honesta (malè vulgo, inhonesta) sunt neque turpia, sed perinde vt aguntur, ita aut probanda fiunt, aut reprehendēda. Gellius noct. Attic. l. 2. c. 7.many actions in generall are said to be indifferent, because they are not either so simply good, but that by some particular circumstances they may be so tainted and corrupted as they may become euill, nor yet so absolutely euill but that in some cases and with some circumstances qualified they may not onelyonly become good, but proue euen necessarie duties: Yet neuerthelesse most true it is, that rVise Thom. par. 2a 2ae, q. 14. a. 9. & q. 21. a. 1.2. Quicquid facimus, aut malitiae, aut virt…tis gerimu… imperio. Senes. ep. 107.no particular morall action, or no action of the reasonable Creature proceeding from reason, can possibly be so indifferent, but it must of necessitie be either conformable to the rules of Gods holy word or disconformable thereunto. In common speech indeede the word Indifferent according to this acception is taken in some latitude of signification, when it is attributed to such actions as though good and warrantable, yea or necessarie, yet sMediū est, quod nec in virtutibꝰ est nec in vitijs. Cic. de fin. l. 3. Indifferens nihil gloriosum. Sen. ep. 83. Neglecta quaedam offensam contrabunt, quae impleta gloriam non merentur; & damnant praeuaricatorem, nec glorificant autorem. Bern. de praecept. & dispens.are not greatly praise-worthy, because there is no speciall matte… of goodnesse in them, as for a man to eate when he is hungrie, to drinke when he is athirst, t1. Tim. 5.8.to prouide carefully for his owne Family, uMatth. 5.45.46. foreign; Quid magnifici est se amara, sibi parcere, sibi acquirere? Sen. benef. l. 4. c. 14. Si quid amicum erga benefeci, aut consului fideliter; non videor meruisse laudem, culpa caruisse arbitrer. Plant. trinum. act. 5. scen. 2.to louelove those that louelove him, and the like, which yet in strictnesse of truth according to this acception are not absolutely indifferent.
In the latter sense that is said to be indifferent *Adiaphora collocat Gell. l. 2. c. 7. inter ea quae sua virecta & hon…sta sunt, & quae his contraria turpia & omninò iniqua sunt: illa fieri oportere, siue imperet pater, siue non i… peret; ista nec fi imperet: in medijs solummodò parendū. Id quod I…an. Sari…h. polyer. l. 6. c. 12. Quaedam ita necessaria sun…, vt mandatum nec exp… ctent; alia sic detestabilia, vt manda tum non admittāt: media quae nec sunt necessaria bona, nec detestabilia …ala, consistunt in arbitrio praesidentis. Adiaphora quae nec praecepta sunt lege Dei, nec prohibita. M…lanch. loc. commun. …oc. 21. reg. 2. noc necessariò facienda, nec necessariò vitanda. Ibid. loc. 23. reg. 2. quae nunc vsurpare, nunc omittere, indifferenter liceat. Caluin. institut. l. 3 c. 19. §. 7. Things indifferent, neither simply commanded, nor forbidden, but left free. Fenner of recreat. rule spec. § 4.that is good and lawfull to be done, but is no necessarie dutie, that may either be committed or omitted, done or left vndone without sinne. And thus are many particular actions indifferent. The ground whereof is this; because the Law of God though it binde the Creature guided by reason xPraecepta negatiua ligant semper, & ad semper.to doe nothing but what is good, and to doe good at all times, yet yPraecepta affirmatiua ligant semper, sed non ad semper. Thom. par. 1a 2ae q. 71. a. 5. & q. 100. a. 10. & q. 88. a. 1 & par. 2a 2ae q. 3. a. 2. & Gerson. in regul. moral.it bindeth him not to doe all good at once or at all times; so that many good things there are that may at sometime be done, whereof a man may make choise whether of them he will doe, being not necessarily tied vntounto or enjoyned any one of them: As for a student hauing diuers bookes about him in his study it is indifferent to choose one this or that, refusing the rest, for present imployment, there being no speciall occasion to vrge the vse of one more then of another: Or zforeign. Plut. de Stoic. contradict.for a man that carieth a paire of kniues about him, it is indifferent to draw and vse either when occasion requireth. And of this nature in this Caution is the thing required to be, that is put to a Lot, to wit, such as a man may lawfully either chuse or refuse …ther doe or leaue vndone.
§ 5. Now this Caution diuideth it selfe into two distinct branches according to the diuers qualitie of those things that oppose to, or swarne from this indifferencie.
The former is that Lots may not bee vsed in ought euidently vnlawfull or in it selfe euill, either in the omission of some necessarie good dutie, or in the yeelding to ought simply wicked, vngodly, or vniust, and so consequently where at the present it is euidently apparent vponupon other grounds what a man ought to chuse or to refuse. For a Lot, as we hauehave seene, is casuall: and to put a necessarie act to a casuall euent, cannot be without sinne, since it maketh that casual and contingent which Gods law maketh necessarie. *Deut. 5.32. & 12.32 & 27.26.In such cases therefore a man is to follow the grounds and to be led by the rules of religion and reason; and not to put that to hazard whether he shall doe it or no, for which hee seeth and knoweth already good grounds why he should doe it or not doe it. What a man seeth euident grounds against, that he may not doe: and looke what hee may not lawfully doe, that hee may not put to hazard whether he shall doe or no. And on the other side what a man seeth necessarie ground for, that he is necessarily bound to doe: what he is necessarily bound vntounto, he may not refuse or forbeare to doe: and wha… …e may not refuse, he may not put to the hazard of refusing.
To illustrate this by some instances. Where many stand for an office either in Church or Commonweale, whereof some are fit, some are altogether vnfit for it, or some fitter, some lesse fit with very manifest difference, in this case for those persons in whose power it is to call and admit thereunto, aPeccat, qui sortesiacit ad electionem beneficij Eccles. nullo prius habito id…neorum delectu. Martin. Nauar. manual. c. 11. §. 38. Iniqua est sortitio, vbi de officijs public…s digni cum indignis sortes mitterent: poss…t enim sors indigno fauere, cum damno publico, & digniorum iniuria. Delrio. disquis. mag. l. 4. c. 4. q. 1.to put it to Lot amongst thē al, which of them shal hauehave it, were vtterly vnlawfull: For it were to hazard the binding of themselues to doe that which they ought not to doe, as it may fall out, to accept of one either wholy vnfit, as it fell out when the High-preisthood was once so put to Lot, bforeign. Ioseph. captiu. l. 4 c. 12.the Lot lighting on a sily rude Clowne, that for simplenesse scarce knew what the High-preisthood meant, and became therefore a scorne to all sorts; or not so fit as were fit where better choise may be had; as cSors ad parum idon…es deerrabat. Tacit annal. l. 13.in some offices at Rome it came sometime to passe: Since dforeign. Arist…t. Rhetoric. lib. 2. cap. 20. foreign. Philo. de constit. princip. foreign. Ibid. foreign. Isocr. in Areop. foreign. Chrysost. ad Ephes. homil. 2. In sort… non est electio: vbi merita considerantur, electio est, non sors. August. in Psalm. 30. Sorte & vrna mores non discerni. Heluidius apud Ta…it. hist. lib. 4. In sorte euentus est, non iudicium, & saepe irrationabili casu sorte melioribus vltimus quisque prafertur. Ambros. hexam. lib. 5. cap. 21. foreign. Philo de constit. princip.the Lot maketh no difference of good or bad; nor taketh any notice of the fitnesse or vnfitnesse, *Sicut aleae, sic & curiae casus delectu carens, digni… & indigni… aequè respondet. Gyraeld. Itinera…. Cambr. praesat. 1. Fortuna dignum atque indignum nequit internoscere. Pacu…. apud Cornif. ad Heren. lib. 2. §. 41.of the worth or vnworthinesse of those that bee put together vponupon it. In which regard though eEt Isocrat. in Areopag. laudat foreign. Et de apibus Ambros. he…am. lib. 5. cap. 21. Rex non sorte ducitur.many worthily condemne such promiscuous Loteries, and prefer for the most part, and that justly, other courses of election before that by Lot: and fforeign. Demost in Midia. ad quem lo…um Vlpia. foreign. Et Vlyss…s apud Ouid. met. 13. Est a…iquid de tot Graiarum millibus vnum A Diomede legi. …c me sors ire iubebat. Et Plin. Ep. 24. lib 8. Ne sorte, quem iudicio missus videaris.it is generally accounted a greater credit for a man to be elected then to be allotted to any place of imploiment: yet gforeign. Arist polit. l. 6. c. 3. Sortes licitae sunt quibus functiones certae viris idoneis tribu…tur. Lauat. in Prou. c. 16.where diuers Competitors are judged alike fit, or are all fit in some good competency though with some small inequalitie, so that hVbi impossibile esset vt sors aberraret. Bulling. in Act. 1. quia nu• um tunc est periculum, quacunque s…rs exe…t. Bellarm. de cler. l. 1. c. 5.howsoeuer the Lot fall, it cannot light amisse, that as he said sometime, iforeign. Cyrus apud Xenoph. Paed. l. 8.though a man should cast blindfold at them, he could not misse but hit a good man, there were it not vnlawfull to dispose a place or office, were it ciuill or sacred, by Lot among such; especially when there shall be much labouring and contending for diuers by sundrie persons on either side engaged, who may all by that meanes be quieted, and some one picked out and pitched vponupon without disgrace to any of his Competitors, or discontentment to their friends. And to this purpose in most estates, where offices were disposed by Lot, as there went kforeign. Arist p…it. l. 4. c. 16. foreign. Plato de leg. 6. Iude foreign dicti qui a…sp…m sortis admitt…tur …ud. in com…ent. Hi… D…mosth. in Eu…ulid foreign. Et, foreign. Et, foreign. Et, foreign.an election before the Lotery, that the Lotery might go onelyonly among such as were of some sufficiencie, so againe after the Lotery there was a publike *foreign. Pla…o de leg l. 6. Et foreign. Ibid. foreign. Aeschin. in Cresiph. Hinc orationes foreign. Et D…m…sth. in Mid…am, foreign. Et de Thesmothetis Libanius in Androt. foreign. Sed & Senatū quisqu… ingressus, iuramento adigebatur, foreign, id indicare. Lysia… in Philon.triall of them, and an inquirie made into the courses and abilities of such as the Lot had lighted on, that if they were found insufficient or faultie they might be reiected, and lforeign inde dicti: de quo priu… cap. 4. §. 6.others taken in in their steed. Besides that those places that required some speciall kinde of skill, military, musicall or the like, either were mforeign. Aristot. polit. l. 6. c. 2. Sic foreign, & militares reliqui foreign. Plato de leg. l. 6. Sic & Atheniens. foreign, &c. Pollux l 8. c. 8. § 7.exempted wholy from Lotery, or the Lot went nforeign. Plat. leg. l. 6. Hinc Lysias in Alcibiadem foreign.among such onelyonly, as vponupon due triall were found to bee expert in that particular. Neither was there great diligence vsed without iust cause in this kinde: for oforeign. Socrates apud Xenoph. foreign. 1. Cui geminum illud Philonis de constit. princip. foreign; &c.if men would be loath by Lot to take a Phisitian when they are sicke, or a Pilote when they are to go to sea, of whose skill they hauehave not had some good triall before, or assurance otherwise: much lesse were it fit by Lot, without further enquiry, to commit the helme of the estate and the life of many hundreds into the hand of any one hand-ouer-head that the Lot might light vponupon. Againe for priuate men in some danger and distresse weary of their liues to cast Lots, as pIoseph. captiu. l. 3. c. 26. & l. 7. c. 35.they sometime did, who shall slay either other, were vnlawfull: because a plaine breach of Gods precept: or where two Malefactors are condemned to death, but the one is to be spared vponupon some speciall occasion, as qMatth. 27.15. Mark 15.6. Luk. 23.17.with the Iewes where some offendor was giuen them to grace their feast, (I stand now to discusse the lawfulnesse of that course, but taking it to bee granted that some one is vponupon good ground to be spared) here rOportet vt par sit sortientium reatus. Delri…. disq. mag. l. 4. c. 4. q. 1. Alioqui, Sortiri ad poenam, atque hominum delictum fortunae iudicio committere, minimè censorium est. Cic. pro Cluent.if the parties be vnlike, the one a debauched Roge that hath beene before oft in the like vilanies, the other but a Nouice newly fallen to the trade, and the present his first knowne offence; or the one an obstinate and desperate wretch, the other penitent and not vnlikely to proue an honest man afterward; for the publike Magistrate it were vnfit here to put it to hazard whether to spare or to punish: whereas in warre, as before, when a whole band hath offended, sNe in bello propter hostium metum miles deficeret, amplier ei mortis & supplicij metus est à maioribus constitu…us: ne autem nimium multi poenam capitis subivent, idcircò illa sortitio comparata est. Cic. ibid. Sic enim fieri posse, vt poena ad paucus, exemplum ad multos per…eniret. Donat. in Scipion.where the cutting off of all would be too great a maime to the whole, and againe passing by all would be a matter of euill example, here time being not afforded to consider of particulars, who may best be spared, or who are worthiest to be punished, all alike deseruing death, and being in the power of the Generall to put all to death, it is lawfull for him to tithe them, as wee said they did sometime, and by Lot to decide who shall be saued, who slaine.
In matter of almes and liberalitie, for a man to make Beggers vsually as he meeteth them, draw cuts for his money, were to play and make sport with his almes and his prodigality (for that tearme would best fit it,) as tSolitum A…tiochum Epiphan…m, vel Epimanem potius, effusis per viam publicam nunamis dicere, foreign. Ex Pt…lom. Euerget. comment. l. 5. Athenae. l. 10.the madde Antiochus sometime did, and as uPauperum vita in plateis di…ilum seminatur. Argentum micat in luto: accurritur vndique: tollit illud non pauperior, sed fortior, a…t quifor…ècilius praecucurrit. Scilice… sic factirabat Petius, sic Paulus ludeba…. Bern de consider. l. 4.Bernard saith the Pope doth with his; and so were but to abuse a Lot for the inconsiderate casting away of that, *Nec auarum te Deus, nec profusum vult: collocare te vult quae babes, non pr…ijcere. Aug. de 10. chord c. 12. Beneficia nec in vulgus effundenda sunt; & nullius r…, mi …imè benefici…rum, bonesta largitio est: quibus si detra…cr… iudicium, desinunt esse beneficia, in aliut quodlibe… iucidunt nomen. S…ec. benef l. 1. c. 2.that ought to be disposed of duplicate page duplicate page by aduice: Or againe where two Persons in want craue that reliefe of a man which but one of them can hauehave, it being apparent that the one hath farre more neede then the other, and is neerer to the partie in whose power it is to dispose of, for him to make them draw cuts for it in this case were not warrantable, because hee may euidently see here x1. Tim. 5.8.whether is rather to bee relieued, and may not therefore hazard the defeating of him. But for those that be in office to auoide the clamour of many much alike poore suing for some pension, to cast Lots among them which shall hauehave it for the present, and which expect it hereafter; or ySi cum tibi abundaret aliquid, quod oport…ret dari ei qui non haberet, nee duobꝰ dari posset; occurrerent duo, quorum neuter vel indigentia, vel crga te aliqua necessitudine superaret, nibiliustius fac…res, quàm vt sorte eligeres, cui da…dū asset, quod dari vtrique non posset. Aug. de doctrin… Christ. l. 1. c. 28.for a man that hath a toole of some trade which two poore men of that trade are Suters to him for, there being no ground for him to pleasure the one rather then the other, here likewise by Lot to determine whether of the twaine shall hauehave the toole, were neither vnlawfull nor vnfit.
§ 6. And thus was the former branch of this Caution that Lots are not to be vsed either in necessarie duties or things in themselues euill, such as may euidently at the present appeare to be such.
The latter branch is that Lots may not be vsed in such things, though not otherwise in themselues euill, where by consequence the vse of them may in likelihood proue Inconuenient or Inexpedient.
The reason is apparent; because z1. Cor. 6.12. & 10.23. Est aliquid quod … oporteat, etia…s… licet. Cic. pro Balb…. Quid decoat vos, non quantum liceat vobis, spectare debetis. Idem pro Rabir.things indifferent and such as are good and lawfull in themselues, become vnlawfull vntounto vsus when they grow Inconuenient or Inexpedient in the vse of them.
In matters therefore of indifferencie that of themselues are not euill, yet are such as by some circumstance they may easily become euill, great regard ought to be had of the conueniencie and expediencie of them. Where vnderunder the head of inconueniencie I comprehend all such things, as may tend to any outward euill: vntounto the head of Inexpediency I referre all such things as may bring a man within danger of some spirituall euill.
For the former point of Conueniencie and Inconueniencie the rule is, that because things in themselues otherwise lawfull and warrantable may seeme Conuenient in some respects, and Inconuenient in others, that therefore where the Conueniences and the Inconueniences shall be laid in an euen ballance of equall and indifferent iudgement, either against' other the action is to be deemed either Conuenient or Inconuenient, as the one side shall appeare to weigh downe the other: that is to say, The Conueniences being more or weightier make the thing questioned Conuenient, the Inconueniences being more and weightier make it iustly deemed Inconuenient.
To apply this to the present; In the Vse of a Lot about a matter of it selfe otherwise not euill, if the Conueniences shall be so many and so weighty on the one side, that they may wel weigh downe whatsoeuer Inconueniences may be produced on the other side, there the action is Conuenient, and a Lot therefore lawfull: but contrariwise where the Inconueniences that shall necessarily or in good probability appeare to accompanie the thing questioned or ensue vponupon the doing of it shall be such and so great, as the Conueniences that stand on the other side shall not be able to counteruaile, there the action is worthily disallowed as Inconuenient, and a Lot consequently vnlawfull.
Thus in publike affaires for the giuing of some few priuate men contentment to admit a Lot where the admission of it may in likelihood proue preiudiciall to the publike, were an vnwise course and an vnwarrantable, because the publike weighing down the priuate maketh the action inconuenient. Where it is worth the obseruing that albeit among the Romanes the ordinary imployments of their Officers, and many other affaires were ordered oft-times by Lot, yet aSic cum Annibal ad portas, Bellum cum Annibale Coss. mandatum: Liu. l. 24. ann. 541. Consulibus belium cum Annibale & binae legiones decretae: Prae…ores prouincias sortili sunt: Liu. l. 25. ann. 542. Italia ambobus prouincia decreta. Iaē l. 27. ann. 545. & 547. & 548. Sic Ausonum bello, Omni ope annixi sunt, vt ma…imum ea tempestate Imperatorē haberent, & ne forte casu erraretur, petitum ab Coss. vt extra sortem Coruini ea pr… uincia esset. Linius l. 8. ann. 420. Sic bellum Volseum Camillo extra ordinem decretum. Idem. l. 6. ann. 374. & idem Manlijs sine sorte. Ibid. ann. 276 Sic Martio noui hostes deuernuntur. Idem l. 9. ann. 448. Sic Coss. ambobus quaestio de clandestinis coniurationibus decreta est. Idem l. 39. ann. 568. Sic Augustus prouincias validicres, & quas annuis magistratuum imperijs regi nec facilenec tutum erat, ipse suscepit, caeteras Procensulibus s…rtitò permisit. Suet. Aug. c. 47. In bello Macedonico Coss. prouincias sortiri parantes, cùm bellum produci animadu…rterent, quod rebus vix dum inc…oatis Imperatores au…carentur, cohibuerunt patribus adnitentibus Tribuni, & Quintio imperium prorogarunt: vt Liu. l. 32. ann. 557. Prouinciae quae in bello decretae. Idem l. 41. ann. 577.when any extraordinarie accident fell out, or any busines to be dispatched of more speciall weight, they either left wholy then their Lotery, or bQuas prouincias Praetoribus esse placeret, Consul ad Senatum retulit: decreuerunt duas Romae, duas in Italia, duas extra Italiam; & extemplo sortiri iussi, Liu. l. 38. ann. 567. Nominatae iam antea Coss. prouinciae erant: tum sortiri iussi. Idem l. 21. ann. 536. Coss. Aetoliam & Asiam sortiri placuit. Idem l. 37. ann. 565. Ligures & Galliam. Ibid. 38. ann 566. Senatus decreuit vt Coss. duas Gallias sortireutur. Cic. ad Attic. Epist. 14. His ita in Senatu, ad id, qua cuius prouincia foret, decretis, tum demum sortiri Coss. placuit. Liu. l. 36.limited the course of it (which yet cCoss. cùm iam minus terroris à paeni… esset, sortiri ius…. Liu. l. 26. ann. 543.after when things were quieted and setled they returned againe vntounto) and though those in office themselues dItaliam & Africam in sortem con…ci, ambo Africam cupientes volebant: populus rogatus quom vellet in Africam bellum gerere, Scipionem iussit. Liu. l. 30. Coss. vt Macedoniam cum Italia sortirentur petelant: ambobus Italia decreta. Ibid. 32.desired, yea eDecius iniuriam querebatur, irrita sieri fortunae arbitria: omnes ante se C…ss. preuincias sortitos, nune extra so…tem Fabio Senatum dare prouinciam: cui d…bium esse, vbibellum sit asperum & difficile, cum id alte… extra sortem mandetur, quin alter Consul pro superua…aneo a…que inutili habeatur? Liu. l. 10.vrged it and instantly called for it, that they might not seeme contemned, as being balked and reiected, and others in the State-seruice preferred before them; yet fPopuli consensu Hetruria extra sortem Fabio decreta est. Ibid.the regard of the common good preuailed so farre with them that they would not hearken vntounto them to put that to the hazard of a Lot, where the euent might proue much inconuenient, which otherwise ordinarily they did.
That is not true therefore that one of our Writers saith, that gClem. Edmund on Caesars comment. l. 1. c. 20.Rome directed the maine course of her gouernment by the Fortune of this mocke-destinie. For neither were the Officers themselues ordinarily chosen by Lot, neither did they retaine the vse of it in matters of speciall weight or difficultie: the only constant vse of it was in diuiding the Prouinces and Iurisdictions, as if the Iudges with vsus should cast Lots for their Circuits; and the two in each Circuit whether should sit vponupon priuate suites, and whether vponupon publike pleas. Which course also as they brake, where the imploiments were of more speciall importance; so, if in vsing the Lot, it fell not out so, as seemed behouefull for the State, hMummio Praetori Sardinia e…enerat: sed ca propter belli magnitudinem consularia f…cta est. Liu. l. 41. ann. 577. Baebio & At…ilio primum Senatus consulto, deinde plebis etiam scito permutala prouinci… sunt. Idem l. 35. ann. 562. Hostilio iurisdictio vrbana e…enerat: addita & peregrina, vt tres in prouincias exirent. Idem lib. 27. ann. …47. Cùm de Consularibus m…asors prima exisset, vna v…ce Senatus frequens retinendum i… vrbe cemsuit; hoc idem post me P…mpris accidi… … vt nes duo quasi pignora reipublicae r…tineri videamur. Cic. ad Attic. Epist. 14. Fabiam Pictor…m Flamine… Quirinalem cui Sardinia prouincia …n…neras, M…tellus Pont. Max. ads…ra retinuit: religio vicit, & dicto audiens esse Flamen Pontifici iussus. Liu. l. 37. ann. 565.they made bold, as they might well doe, to controle the Lotery, and to dispose of things otherwise.
Thus againe howsoeuer it were not vnlawfull simply, for many to ioyne together in a Lotery (as well as in a free contribution, which iIob 42.11.Iobs friends sometime did) for the raising againe of an honest man by crosses and casualties fallen behind hand: yet for a State to giuegive way to publike courses in that kinde kDecoctores quidam in blanchis, vt aiunt, suis sortibus vtuntur. Post el. de Magistr. Athen. c. 8. A notable abuse so vsed. Perkins of witchcraft.for the raising and enriching of some one decaied Banckrupt' by the probable damage, yea and impouerishing of many others, that out of hope to gaine great matters may wring and wrong both themselues and their whole families thereby, may well seeme scarce warrantable, considering the hindrance of many therein procured for the helping of some one.
Thus lastly how soeuer in goods bought in common, because lforeign. Plato de leg. l. 6.men may be many times contentiously minded, and ready to take discontent euen in the equallest courses; yea because men commonly in these cases mFertilior seges est alien… semper in aruis; Vicinumque pecus grandiꝰ vber habet. Ouid. art… l. 1. Aliena nobis, nostra plus alijs placent. P. Syrus.are wont to thinke that better, that goeth from them, though indeed it be not so; and that lesse that commeth to them, though it be the better part; when diuision hath beene made with as much equalitie as may be, or with such inequalitie as they shall both agree vponupon, it is a course not lawfull and conuenient onelyonly, but euen laudable and commendable, for mutuall satisfaction, by Lot to assigne each one his share: yea how soeuer in this, or in the like case; when a mans goods are so mixed with anothers in whose hands they both are; it were not vnlawfull for a man to put his whole right to them to the hazard of a Lot, for the procuring and purchasing of his peace, which cannot otherwise be had, with one whom he would not by any meanes, if it lay in his power, be at ods with the thing it selfe being no other then he may well forgo; yet for a man in such a case to put that to the hazard of a Lot, when he may otherwise recouer it, which his estate will not beare, or may be otherwise more preiudiciall both to him and his, were not lawfull, because the damage that thereby might accrue, would be greater, then could free such an action from imputation of euident inconuenience.
§ 7. For the latter point of Expediency and Inexpediencie the generall rule is, that that which is no necessary dutie, but a thing indifferent onelyonly otherwise, may not be done, where there is strong presumption vponupon good ground, that it shall spiritually endanger a mans selfe, or others, by giuing occasion of sinne vntounto the one or the other.
I except necessarie duties; because such are not to be omitted, though they may be occasion of sinne vntounto others, or though wee our selues cannot doe them without some sinne. nMatib. 10.27, 28, 34, 35, 36. & 15.12, 14. …Not for the sinne of others; for there is no duty so holy but that many may and will take occasion of euill by: euen o2. Cor. 2.16.the ministery of the word turneth to the euill of not a few, which yet is p1. Cor. 9.17. Ezech. 2.5.6.7.8.not in that regard to be neglected or omitted, because mans corruption cannot free any from the imployment that God enjoineth him.
Nay, nor for our selues and our owne sinnes are such duties to be forborne. For then should no good worke at all be done of vsus; because qRom. 7.15, 16, 17, 23. & 8.26.wee can doe none so, but that some sinne will sticke to vsus in the doing of it. rWootton ansvv. to Pop. Art. 2.As a diseased Person therefore ought not to forbeare his foode, and by fasting to starue himselfe (as fMihi stat alere m…rbum d…s…st…re. Corn. Nepos in Attict vita.Pomponius Atticus tCib… abstinebat, & admou…nti m… dico, foreign, dixerat. Plin. Secund. Epist. 12. l. 1.and Corelius Rufus, absurdly sometime did,) because uforeign. Hippocr. Aphor. § 2. aph. 10.in feeding his body he shall withall feede his disease; nor a melancholy man is to pine himselfe to death, because where he is, he can come by none but melancholicke foode, such as is not so conuenient for a man of his constitution; but is to vse such as he can get for the preseruing of life where no other can be had: so in this case men are not to giuegive ouer hearing the word, praying, participating in holy things and the like, because they cannot heare so attentiuely, pray so deuoutly, receiue so reuerently, and religiously as they would and should; but *2. Chron. 30.18, …9.endeauour to doe all such good duties as God requireth of them so well as they can, leauing the issue and euent of the worke to the good prouidence of God in regard of others, to his gratious acceptance in regard of themselues.
But in things indifferent, and such as are no necessary duties, xMatth. 18.6, 7. 1. Cor. 8.9, 10, 11.for a man to doe that which in great likelihood may spiritually endanger an other, is to make himselfe guilty of soule-murther; yExponere se periculo pecca…i, est peccatum. Bonauent. in 4. dist. 17. Gerson. in regul. mor. Caietan. in sum.to doe that which may spiritually endanger himselfe, is to make himselfe guiltie of selfe-murther. And surely, if it be vnlawfull and zMatth. 4.6, 7.a tempting of God for a man needlesly 1foreign.to plunge himselfe into danger of death in regard of his body; it is no lesse vnlawfull, yea a farre greater sinne rather, for a man to doe the same in regard of his soule. Besides that Gods commandements not onelyonly forbid sinne, but euen 2Cum virtutibus & vitijs sanciuntur & vetantur tria ista, causae, occasiones, media. Alsted. system. theol. l. 2. c. 3. §. 2. can. 7.whatsoeuer may be a meanes and an occasion of sinne, though it be not sinnefull of it selfe.
Needlesse therefore and vnnecessarie Loteries though in things otherwise not vnlawfull, where they are likely to cause, or by experience are found to occasion much sinne, are so farre forth vnwarrantable, because in that regard inexpedient. In respect whereof howsoeuer it were no vnwarrantable course, in a matter of common or publike benefit, as the reparation of a bridge, reedifying of an Hospitall, erecting of a schoole or the like, for diuers men of good ability to agree among themselues to put it to hazard what summes each of them shall disburse or dispend toward the discharge or support thereof, the summes being no greater then the estate of any of them may well beare, when they cannot readily agree vponupon a rate otherwise; as also for the better encouragement of either other in that kinde, in common equally to contribute toward the price of a iewell, or some one of them to conuert his part into some such commodity, to bee conferred vponupon some one of them so contributing, whom by Lot it shall light to, their mindes and states probably knowne either to other, I see here no reason why it should be vnlawfull. But for a man in this kinde to put that to hazard which he knoweth or probably suspecteth that he shall be vnable well, or vnwilling on such tearmes to part with; the losse whereof in that regard may either disable him to the doing of other necessarie duties, or distemper him and so make him guilty of sinne in Gods sight; or to ioyne with others needlesly in such an act, much more to draw them in and incite them thereunto, whom he knoweth not vponupon good presumptions to bee both able and willing; by meanes whereof they may be occasioned to sinne in the same sort; especially in such an action as he cannot but see to be so carried that many abuses are committed in it, and occasion giuen by it of much euill; I cannot see how a man should be free from sin in so doing; neither can I conceiue with what comfort of conscience a man can receiue or retaine what a Lot in such a case shall cast vponupon him, comming in all likelihood in part out of the purses of those, as either are altogether vnable to part well with such summes, but hauehave strained themselues thereunto out of a greedy desire and hope of lucre and gaine; or being vnwilling to loose and to part with what they put in, doe in that regard wretchedly curse and blaspheame Gods name for the losse of it. *Nonfaci… adducor licitum consentire, quod tot parturit illicita. Bern. de consider. lib. 3.Which occasions of euill being seene or foreseene, cannot but make such Loteries vnlawfull to all those that partake in them, in regard of the inconueniencie, and inexpediencie that is in them. The more able therefore and willing a man may be to sustaine such losse as by Lot may befall him, the lawfuller the Lot is. And the better knowne they are to be such whom a man dealeth with in matter of Lot, especially where the occasion is rather voluntary then necessary, the more warrantable is the Lot.
To conclude briefly the grounds of this twofold caution: the euent of Lot is casuall: but the doing of Gods wil in the auoiding of things euil either in thē selues or by consequence is necessarie: and therfore no sit matter to be put to the casuall euent of a Lot. Againe the vse of a Lot is to determine some question or doubt: but no question ought to be made or doubt to be moued, of the committing of any morall euill, or the omitting of any necessary good duty, of the doing what God forbiddeth, or the not doing what he enioyneth: no Lot therefore may lawfully be vsed about such. Lastly what a man may not doe though a Lot should determine it, that it is in vaine to put to the determination of a Lot: but aNihil inhomestū promit…as: quin siquid promiseris, tolerabilius est promissum non facere, quem facere quod turpe sit. Ambr. offic. l. 3. c. 12. Tolerabilius talisacramento periuriū. Ibid. Iurauit Dauid temerè, sed non impleuit inrationē maiore peitate. 1 Sam. 25.32. Aug. de diuers. Serm. 11.for an oath, to obserue it, a man may not doe euill; much lesse for a Lot: such things therefore may not be put thereunto.
Whereas therefore all morall actions are of three kindes in relation to Gods law, bPraecepta, prohibita, permissa.some simply enioyned, as are all necessarie duties, some simply inhibited as are all morall euills, some freely permitted and left to our choise, as are all actions indifferent: the rule here is that a Lot hath his lawfull vse cforeign. Chrysipp. offic. l. 6. apud Plut. de Stoic. contrar. Sors enim est. res incertissima, qua res graues quaelibet … possunt definiri. Baro. in Ion. c. 1.in indifferent things onelyonly, such as may without either offence or inconuenience be done or left vndone. In regard whereof the greater the indifferencie is in the euent of it which way soeuer it fall out, the more lawfull the Lot is: and so (contrary to that which is commonly deliuered and almost generally receiued,) the lesse weighty the matter is wherein a Lot is vsed, the lawfuller the Lot is.
§ 8. Now these Cautions were concerning the matter wherein Lots are vsed: there follow two other concerning the manner how they are to be vsed in such matters.
Where the former Caueat or Caution is that a man be willing to forgo and part with what he putteth to the hazard of a Lot: as before for the matter it selfe, that it be such as he may be willing to part withall: (for that a man may be willing sometime to part with, what he may not lawfully part with) so now for the disposition of the partie in such an action, that he be willing', if it shall so fall out, to sustaine some losse, and so much losse, as may befall him by the Lot. The reason is euident: because otherwise a man doth that vnaduisedly that may afterward discontent him, and be an occasion of sin to him. Againe that which is put to the hazard of a Lot is in a manner forgone, so farre forth, as it is put thereunto. A man ought therefore to be willing to forgo that, if the Lot shall put it from him, which he is content to cast vponupon the Lot, which may put it from him.
But here may some say, Is a man then bound to be willing to depart with his knowne right, because he may in some cases commit it to such hazard? or may hee not in such case lawfully desire to obtaine it?
I answere: As c1. Cor. 6.7.a man is bound not absolutely but conditionally to depart with his right, when a greater euill may ensue vponupon the recouery of it by such meanes as he hath onelyonly to recouer the same by, though he may lawfully otherwise desire to obtaine it: so in this case where a man is willing rather to loose it, then to seeke it by other courses, and as willing to put it to the hazard of a Lot as to loose it, (for else were it a folly for him to put it thereunto) he ought to be no lesse willing, hauing yeelded so farre, to part with it, when it shall be so past; howsoeuer he might otherwise not vnlawfully desire, what he might lawfully retaine, if with conueniencie it might be had.
The rule then here is that no man put that to the hazard of a Lot, which he could not be willing to forgo vponupon the like tearmes without it.
§ 9. The last Caution is that no dIntentio non sit inquirere voluntat…m Dei modo extraordinario; quia talum dus …mni… è est incertus. Delrio disq. mag. tom. 3. l 4. c. 4. q. 1.speciall or immediate decision, no extraordinarie worke bee expected from God for the directing of the Lots in a certaine course: nor ought concluded to that purpose out of the euent of them. For dPeccatum est tē tationis Dei exp…tere a…que exp…ctare à Deo vt ipse sortes dirigat, quando ipse id se facturam non promisit. Bellarm. decler. l. 1. c. 5to expect any such thing is to presume of more then God hath promised: seeing that eSortibus affu…urum se minimié repromisit. Delrio. mag tom. 3. l. 4. c. 4. q. 1.he hath no where promised any speciall prouidence in such cases, to doe men right by such meanes, to iustifie their quarrels, to direct the Lot as the equitie of the cause shall require, or to interpose himselfe and his prouidence in such courses otherwise then in any other of our actions, be they casuall, contingent or necessarie. And therefore to put ought to hazard with expectation of such an act of Gods prouidence is to presume of that which God hath not promised: (that wherein many of the Heathens Loteries were not free from some fault) to make triall of it is to tempt God; I meane, to put ought to the hazard of a Lot to this end, thereby to trie whether God will in such speciall manner interpose himselfe for our benefit, the recouery of our right, or the clearing of our cause; that is in effect, whether he will extraordinarily worke for vsus at our will. Which therefore as to presume or expect before hand without good ground is hardly religious; so to conclude ought to that purpose afterward from the issue and euent of it, is vndoubtedly superstitious.
In Lots therefore of this nature, eContingit aliquē diuisoria sorte vti, non quasi requirat diuinum iudicium, sed quasi committat fortunae. Thom. desort. c. 5. & Lyra in Prou. c. 16.the thing hazarded must be put wholy to fIudice fortuna cadat alea. Petron. satir. Fortuna sit optionis iudex. Cod. Iust. l. 2. tit. 20. & lib. 6. c. 43. leg. 3.the casuall or vncertaine euent of the Lot in regard of the act of the Creature, though gVisatur Malder. de superstit. c. 7. dub. 9.not excluding the prouidence of God from the action, no more then from other ciuill affaires managed by counsell and aduice; (which he may also, if the thing be weightie, be intreated by praier to interpose, but so farre forth onelyonly as hee shall see fit) yet hMinus ergo solidum quod Plato de leg l. 6. foreign. Sed & quod Aug. Epist. 180. Qui maneāt, qui fugiant sorte legenda, &c. quia Deus melius in huiusmodi ambagibꝰ, quám homines iudicat. Sed & quae Delrio l. 4. c. 2 q. 3. § 1. contra suam ipsius alibi sententians. & Peuc…r. de diuinat. c. de s…rt. & Tolet. in sum. cas. consc. l. 4. c. 15. & Piscat. ad I…n. c. 1.not expecting any extraordinarie or immediate hand of God for the cariage of it so as in right it ought to go, or as is best that it should go: because neither doe we know how farre forth God seeth it fit to interpose his prouidence therein, neither hath he left vsus any promise in his word generall or speciall, that he wil immediatly at any time or vponupon any occasion enterpose it in that manner. In diuision therefore of Lands made as equall as may be with conueniencie, yet so as there is still some apparent inequalitie, in regard that the things cannot well otherwise be parted, for a man because in equitie he hath right to the best part, as the eldest in an inheritance that goeth equally among all, to expect an extraordinarie hand of God for the disposing of it according to the right as in equitie it ought to go, is vnwarrantable.
As also to conclude, when two stand for a place, that the one is fitter and more sufficient for it then the other, because the question betweene them being put to Lot, the Lot lighted on him, as if God by that euent had giuen sentence on his side, is no lesse vnwarrantable.
§ 10. The rules then here are first, that Lots determine no right: and that iNon vt per cam decernatur quid in rerū diuisione magis expediat … sed vt quod ratione diffiniri non potest, saltem fortunae relinquatur. Thom. de sort. c. 4.Lots consequently are to be vsed in these cases not for matter of right, but for matter of fact onelyonly, and that not of fact past, but of fact future alone; not kIn causis iudicialibus aut criminalibus vti non licet. Baro in Ien. cap. 1. Nam quod hus traehunt Chytr. in Iud. c. 1. & Lauat. in Prou. c. 16. Iudices ita missis in vrnam calculis ferre solitos sententiam, vt albis absoluerent, atris damnarent, &c. nihil quicquam ad sortem pertinet: immit…ebant enim suum quisque calculum qualem ipsi visum, non casu fortuito catrahebant.to decide who hath best right to the better part, or who is fittest for the place, but to determine which of them shall hauehave it and enioy it, or shall go away with it. Else we make it not an ordinarie but an extraordinarie, not a meere diuisory but a diuinatory Lot, a Lot for diuination, not a Lot onelyonly for diuision, which, as we shall shew afterward, is vtterly vnlawfull.
And whereas in tearmes the ciuill Lawiers seeme to say the contrarie, where they say that lInte…lige quando est questio …uris: secus si facti: quiae tunc non committitur sorti. Gloss. ad Digest. lib. 5. tit. 1. leg. 14. Imol. & Ias apud Gomez ad Taur leg. 38.Lots are to be vsed not in question of Fact, but in question of Right: yet in sense they accord with that which we here say, the Lawyers meaning being this alone, that Lots are not to be vsed in question of mSi factum incertum est, dicenti incumbit probatio. Panorm. ad 5. decretal. de sortileg. In facti incertitudine, satius est … prounciare, non liquere, quàm sorti rem commit: ere. Greg. Tholoss. de appell. l. 2. c. 19.Fact past, where the question is whether a thing be done or not done; for that is no ordinarie Lot able to decide; but where some question is who hath right to a thing, in which case notwithstanding the Lot is not vsed to determine who in truth hath right to it, but who for peace and quietnesse sake shall enioy it, where the right cannot be determined, or who shall hauehave possession of it, till the right be determined.
Secondly, that no censure of right or wrong bee grounded vponupon Lots: as that no extraordinarie power or prouidence be expected, so nothing to that purpose vponupon the euent of it be concluded, as if it ought to hauehave beene or gone so, or it was Gods approuing will that it should be so, because so it hath falne out.
But doth not the worke it selfe, may some say, manifest Gods will? I answere; there is a twofold will of God, a disposing will, and a directing will; a will enforming and a will ouer-ruling: a will prescribing what should be, and a will preordaining what shall be. *Non fit aliquid, nisi omniposens fieri velit, vel sinendo, vel ipse faciendo. Aug. enchir. c. 95.When ought therefore is falne out be it good or bad, it is apparent indeed that it was Gods will either to performe it or to permit it. For nRom 9.19. Matth. 10.29.nothing can possibly come to passe either without or against his will. But that it ought in right to hauehave beene so, cannot thence be concluded. Else might we conclude that the Iewes ought to hauehave crucified Christ, because God suffred them so to doe, yea oAct. 2.23. & 4.28.he preordained the doing of it. In this case therefore where the matter is put to a Lot by those in whose power it is so to dispose of it, it may be truely said, that it was Gods will, to wit, his disposing will, that the Lot should go as it hath gone: But it is no consequent therefore, that according to Gods directing or enforming will, it ought in regard of right so to hauehave gone as it hath.