OF THE NATURE AND USE OF LOTS; A TREATISE HISTORICAL AND THEOLOGICAL; WRITTEN By THOMAS GATAKER B. of D. sometime Preacher at Lincoln's Inn, and now Pastor of Rotherhith. LONDON Printed by EDWARD GRIFFIN and are to be sold by WILLIAM BLADEN at the sign of the Bible at the great north door of Paul's. 1619. ILLUSTRISSIMO DOMINO, D. HENRICO HOBART BARONETTO, IN DICARUM COMMVNIVM CURIA ANTECESSORI PRAESIDIQVE PRIMARIO, PATRONO SVO sum COLINDO. NECNON CLARISSIMIS VIRIS; D. PETRO WARBURTON; D. HUMFREDO WINCH, EIDEM IN EADEM CURIA ADSESSORIBUS. D. ROBERTO HOUHTON IN TRIBUNALI REGIO ADSESSORI. D. JOANNI DENHAM E. GAZOPHYLACI REGI BARONIBUS. DIGNISSIMIS ITEM VIRIS, D. RANULPHO CREW AD LEGEM SERVIENTI D. REGI, SERVIENTIBUS AD LEGEM: M. THOMAE HARRIS M. LEONARDO BAWTREE M. JOANNI MORE M. CAROLO CHIBBURN M. THOMAE RICHARDSON D. JACOBO LEY, IN TUTELARUM CURIA ADVOCATO REGIO. M. THOMAE SPENSER, BREVIUM CUSTODI. TOTI DENIQVE HETAERIAE CONSESSORUM VENERABILIUM, CONSULTORUM PRUDENTIUM, JUVENTUTISQVE STUDIOSAE IN HOSPITIO LINCOLNIENSI JURI OPERAM NAVANTIUM, FAVEUTISSIMIS QVANDOque AUDITORIBUS SVIS. THOMAS GATAKER THEOLOGIAE OLIM IBIDEM PROFESSOR HASCE LABORUM SVORUM PRIMITIAS IN AETERNUM OBSERVANTIAE MONIMENTUM IN AETERNUM BENEVOLENTIAEque MONIMENTUM INSCRIBIT DEDICATQVE. VIRI HONORATISSIMI, VIRI ORNATISSIMI; INscriptionis huiusce satis forsan infrequentis (insolentem vereor ne non desint qui dicant) rationem nemo tamen (credo) quisquam mirabitur, qui vos, qui me noverit; gnarus, ultra decennium apud vos Theologiam publicè professum quo favore me praesentem complexi, quo desiderio discedentem sitis prosecuti. Nec insubidè sanè (uti mihi saltem persuasi) quos auditores sum pridem benignos expertus, lectores eosdem nunc candidos exopto, patronos etiam (si sit opus) strenuos habiturum confisus. Vestro itaque Nomini strophiolum hoc primitium porrectum velim, quale exhibent viridaria nostra angusta & inculta, etsi parum (scio) amoenum, haud insalubre (spero) tamen. In quo siqua fortè strigosa, flaccida etiam deprehensa fuerint nonnulla; ad manum & mentem praestò (precor) sit, vel Cratetis illud, a Crates apud Diog. Laert. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vel Varronis istud, b Varro apud Nonium Mar●ell. Neque in bona segete nullum spicum nequam, uti neque in mala non aliquod bonum. Illud me maximè solicitum habet (Zoilos siquidem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Momosque moros & morosos nihil moror) ne quod phalangium improbum in sertum hoc incidens, è fronde salubri virus pestiferum exugat, &, quod Rhetor ille olim de scriptis suis, c Quintilian. in Institut ●rat. quos porrexerim cibos, venena fiant. Id verò sicubi contigerit; (quod valdè nolim, neve fiat enixè rogo;) sed si contigerit tamen; (neque enim novum hoc ut succus innoxius per araneae viscera traiectus in vir●s evadat) iniquum sanè admodum fuerit, ut quod foeda bestiola suo more solens prauè egerit, in laboris honesti honestisque consilijs suscepti damnum dedecusve vel tenuissimum cedat, & pravitatis alienae poenas luat immer●tus, qui prodesse cunctis, obesse nemini in votis, in studijs habuerit. Vos autem illud unicum maximopere oratos velim, (ò si & exoratos dederitis!) ut d Consulatis (sultis) Tractatus huius Cap. 9 § 1, 2, 3, 4. abusus illos latè nimis ubique grassantes, ad Salutis nostrae Natalitijs dicatos praesertim dies, (quorum opera nefaria factum est, ut ludicra sors illa, qua de inter alia istic agitur, malè passim audiat, & iam olim audierit) tum è privatis cuiusque familijs, tum è publicis hetaerijs, omni studio e Topper citò, celeriter. Ex antiquissimis Nel●i Nae●ij●p scriptis Fesius. Topper q●●si t●to opere dictum: ut ●ul. Scalig. de Ca●i●●s linguae Lat. l 9 cap. ●59. topper sublatum eatis. Ita vos f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psal. 50 6. Et Psal. 75.8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vude Sufes Poenorum, ut rectè Scalig. ad Euseb Sufes ille summus & g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, seven de Christo Paulus 1 Tim 6.15. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ut judas v 4. Solus enim verus Dominus ●st, qui Dominum non habet. Aug. confess. l. 10. ●. 36. Dynasta solus in iure dicundo, agundo protegat provehatque in sedes aeternas tempestiuè transferat, & in judicio novissimo cum Christo suo Sanctisque omnibus adsessores exhiheat. TO THE JUDICIOUS and ingenuous Reader. HOw backward I have ever heretofore been (best knowing mine own weakness) to publish aught by the Press, they best know, who having oft pressed me thereunto, have never hitherto therein prevailed. Now a twofold necessity is imposed upon me of doing somewhat in this kind, partly by the importunity of divers Christian friends, religious and judicious, who having either heard, being partakers of my public Ministry, or heard of by report of others, or upon request seen some part of this weak work, have not ceased to solicit the further publishing of it: As also partly, (and more specially) by the iniquity of some others, who being of contrary judgement in some particulars therein disputed, have been more forward than was fit by un-christian slanders and uncharitable censures to tax and traduce both me and it. From whose unjust and undeserved aspersions no way seemed better and readier to clear either, than by offering to open view of all, what I had before delivered in an obscure auditory (to speak of) among but a few. And this thou hast here (good Reader) for effect and substance the same that was then and there delivered, enlarged only with such matter of History and Humanity as was not so fit to pester the Pulpit or encumber that Auditory withal. For the occasion of entering first into this discourse, and motives of wading so far in it, I refer thee to a Chap 9 §. 10. that part of it where I render an account thereof, unwilling to stay thee longer, than needs must be, in the entry. If any shall surmise that writings in this kind may occasion too much liberty, a thing that little needeth in this over-licentious age: I answer briefly; first that b See Gerson in regul. m●r. & Nider in consolat. timoraonscieuc. part. 3. c. 20. ad Cap. 9 § 10. it is unequal that for the looseness of some dissolute, the consciences of those that be godly disposed should be entangled and ensnared: and secondly, that whosoever shall take no more liberty than by me is here given, shall be sure c Read the whole 9, Chapter. to keep within the bounds of Piety, of Sobriety, of Equity, and of Charity: than which, I know not what can be more required. For no sinister end (I protest before God's face and in his fear) undertook I this task; neither have I averred or defended aught therein, but what I am verily persuaded to be agreeable to God's word. If any man can better inform me in aught, I shall be right ready to hearken unto him: neither have I neglected any means in this kind, (by writing & conference with others, besides mine own private labours) that might further me therein. Defects in it (I know) there can not but be many: what, or whose work is free from them? mine of many, much more: too many myself see; and many more (I well wot) a curious eye may soon espy. Let them in friendly and loving manner be showed me by any; (as form have already been by by some; whom I rest beholden to for it) and I shall count it a special kindness. Where defects shall appear, let it yet be considered, whether they be vital and fundamental or no, such as touch the very heart and life of the main matter, or such as notwithstanding them the frame (or foundation at least) may stand firm: And withal let it be remembered that I deal in an Argument that hath hitherto been handled very confusedly by the most, and not very sound by the best; as to any indifferent eye upon due view of this present discourse may very evidently appear. Of thee (whosoever thou art) I desire but to find an unpartial Reader, a judicious discusser, and a charitable censurer; that d Praeiudicium enim non est indicium, sed vitium. Aug. ad fra●r. inerem. what I hold be not condemned out of prejudice unheard; e Ne mea dona tibi studio dispost●a fideli, Int●ll●cta prius quae sint, contempta relinquas. Lucret. de terum not. l 1. what I prove be not rejected because it is not conceived; and f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dictum Theodori Athei reference Piu arch● lib. de Tra●quillis. what I proffer with the right hand be not taken with the left, but that Charity may continue with diversity of judgement, if thou shalt in aught remain yet unsatisfied; a course too too much wanting in this uncharitable age. And this favourable acceptance if these my sorry first-fruits shall find, it may encourage a weak beginner to attempt somewhat further hereafter, that may be of better use. Them and thee I commend both to him, who is the Author of all Truth, the clearing whereof hath been in this work my main aim: He vouchsafe a blessing; and through his blessing the labour (I hope) shall prove not unfruitful. Thine in Christ T.G. The Contents of this Treatise. CHAP. 1. What a Lot is; and of lottery in general. pag 1. CHAP. 2. Of Chance or Casualty; and of Casual Events. p. 9 CHAP. 3. Of the several Sorts or Kinds of Lots. 31. CHAP. 4. Of Ordinary Lots Serious. 35. CHAP. 5. Of the Lawfulness of such Lots: with Cautions to be observed in the use of them. 84. CHAP. 6. Of Ordinary Lots Lusorious: and of the Lawfulness of them. 117. CHAP. 7. Answer to the principal Objections made against Lusorious Lots. 140. CHAP. 8. Answer to the Arguments used against them less principal. 181 CHAP. 9 Of Cautions to be observed in the use of them. 236. CHAP. 10. Of Extraordinary or Divinatorie Lots. 268. CHAP. 11. Of the unlawfulness of such Lots. 298. CHAP. 12. An admonition to avoid them; with answer to some Arguments produced in defence of them: and the Conclusion of the whole. 331. Escapes of some moment to be amended. PAge 5. line 9 zsed for used. p. 20. l. 8, 9 those words, And the like error they commit, when they define should have been in an Italicke Character as part of Lanctantius his speech p. 25. l. 26. foreknew for forchnew it. p. 48. l. 23. designed for designed, p. 55. l. 11. a part for apart. p. 65. l. 20. besel for befell. p. 71. l. 2. complained for complaineth. p 73. l. 24. Examples for the Examples. p. 96. l. 27. divideth for divideth. p. 100 l. 24. now for not now. pag. 103. lin. 15. judgement, either ag. other for judgement either ag. other, p. 106. l. ult. with for with, p. 110. l. 28. Lot for a Lot. p. 124. l. 5. thoes that for those that. p. 163. l. 24. so? for so. p. 198. l. 21. following for flowing. p. 236. l. 1. Chap. VIII for IX. p. 244. l. 18. drunk at it, for drunk with it, p. 24. l. 14. great for greater. p. 330. lin. 14. this for his. In the Margin. Page 6. l. ᵖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 12. lit. ᶠ Amphion for Agatho. p. 27. l. ● illuc est for illic est. p. 40. l. ᵖ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 52. lit. ᶠ quum for quam li. ●. anno 11. c. for anno v. c. p. 63. l. ᶠ Luk. for Luk. 4.18.24. p. 79. l. ᵏ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 81. l. ᵃ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 82. l. ʳ rarò for raro. p. 104. l. c. penis for Poenis. 219. l. ᵗ quibusquam for quibusdam. p. 246. l. ᶠ Lusori for Lusuri. p. 282. l. ʳ in bonam for in bonam partem. p. 298. l. ʳ duxerit for duxerint. ibid. sortilgia for sortilegia. Occolampadius de scriptis suis. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sibenè quid scripsi, Christo gratare datori: Si malè quid scripsi, noveris esse meum. OF THE NATURE and use of Lots. CHAP. I. What a Lot is; and Of lottery in general. § 1. THe a Multus & multiplex ubique sortium usus. Peucer. de divin. c. de sort: Vise sis & Hadr. jun. miscel: l 2. c. 5. Nic: Serar. in Iosh: tom: 2. c. 7. q 17. Mar: Delrio: disq: Mag: tun. 2. l. 4. c. 2. q. 7. § 3. etc. 4. q. 1, 3. Et insra cap. 4. per totum cap. 6. § 1, 2. & cap. 10. per totum. use of Lots and lottery, as it is very ancient, so hath been in all ages no less frequent among men of all sorts. And considering that those things that are most in use, are by means of man's corruption most subject to abuse; b Abusui maxim● sunt obnoxia, quae in usu sunt frequentissimo. Meisner: sobr: Philos: p 1. praef. it ought not to seem strange, if the like hath among the rest befallen Lots; if having been so much in use, they have not been free from much abuse; if having been used by so many, they have been abused by the most. For c 1 Tim. 4.4. cum. Tit. 1.15. Agg. 2.14, 15. Esai. 1.11.17. what Creature of God, or what Ordinance, be it civil or sacred, though good and holy in itself, is so happy, but that it receiveth, if not a deep tincture, yet at least some slight fully, from the foul hands or defiled fingers of the most that deal with it. That the lawful use therefore of this Ordinance may be wisely discerned and warily severed from the abuse of it ( d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plutar: de ●dul● & ●me●: so that neither the use of it be wholly banished and abandoned in regard of the abuse, as where Friend and Flatterer are both indiscreetly thrust out together at one door; nor yet way be given to the abuse of it while the right use is admitted, as where the door is unheedily set open to Flattery while men hope to entertain Friendship;) is the main matter that in this whole Treatise is aimed at. Which that it may be the better and the more orderly performed, it will not be amiss that we endeavour to consider and conceive aright, in the first place what the nature of a Lot is in general; and next to that, what the several sorts thereof are; whereby the warrantable and unwarrantable use of them may the more plainly appear. § 2. A Lot therefore may be well thus either defined or described, that it is a casualty or casual event purposely applied to the deciding of some doubt. In which definition or description so conceived, (as in all other) are two things principally to be considered, the genus, as they term it, that containeth the matter; and the form or specifical difference of the thing defined. The Genus, or the matter of a Lot is said to be a casualty, or some casual event, because that how soever in some kind of Lot some guess may be given, yet the event is mainly casual, and it is the casualty of it, that is principally respected and necessarily required in it unto the constitution of a Lot. Those therefore reach a little too far that define a e Sorts propriè dicuntur, cum aliquid fit, ut eius euent● confiderato occultū●liquid innetescat. Thom: sum: per 2●. 2z. q. 95. a. 8. cum facimus aliquid, ut occultum aliquid nobis manifestetor. Ibid: art: 3. Nihil aliud est sortiri quam aliquid agere, ex enius eventu rem incognitam possimus deprehendere. Martyr. in 1 Sam: c. 10. Lot to be the doing of any thing whatsoever by the event whereof some hidden thing may be discovered. For many things are and may be done for the discovery of hidden and unknown truths, which yet come not within the nature and compass of a Lot. For example; A man suspecting his servant to be light-fingred, layeth money as a bait in his way to tempt him withal, and thereby to try his honesty which he hath in some jealousy, which yet is no kind of Lot: to omit many other courses used ordinarily by those that are in place of authority and judicature for the finding out of malefactors and the discovery of crimes, in which yet there is no kind of lottery, no more then of casualty. Whereas the matter of a Lot is ever some event merely casual; as if a man to try whether his servant be a thief or no, shall put a scroll with his name in it, together with others rolled up severally into water, to see which will unfold first, and thereby to determine and judge of the party suspected whether he be guilty or guiltless of that crime. To which purpose tend those sayings of good Authors, that f Sortiri est casum & tem●ritatē spectare, ubi nec ratio nec consilium valeat. Cicer: dedivin: l. 2. To use lottery is to put a thing from skill and counsel to temerity and casualty. that g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dixit Euripides. Plut. sympos. l. 2. c. 10. Quo loco malè vulgò 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nullo sensu. Et, Animae filiam sorten, insptè Rhidig: antiq lect. 14. c. 15. A Lot is the child of chance. that h Sortis evenius non est in nostra potestante, sed quim casus tulerit. Ambr: ad Virgins. The issue of Lots is not in man's power, but is such as casualty casteth on us. that i Quid in ●●spotest esse certiquae fortuna monitu, pueri manu miscentur atque ducuntur? Cicidivinat. l. 2. In lottery there is no certainty. that k S●rs inter homi●es casu, non indicio agisol●t. Orig: ad Lev. hom: 9 Qui sort legitur, humano indicio non ●●mprehenditur. Ambros● in Luc. cap. 1. Quid enim sore ●st? idem propemodum quod micare, quod talos ia●ere, quod tesseras, quibus in rebus temeritas & casus, non ratio, nec consilium valcat. Cicidivin: l. 2. Lots are not carried by reason and judgement, nor by counsel and advice: but l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Isocr: Areopag. Chance and casualty striketh the chief stroke in them; if we respect secondary causes. It was no Lot therefore, but a mere mockery of a Lot, that * Vise Cicer: in Verr: 4. Verres sometime used, when a Priest being to be chosen by Lot at Syracuse, “ The●mnesti nomen omnibus inscribi euravit. he caused the tickets or tokens that were cast into the Lot-pot to be signed all of them with one and the self same man's name: It was, I say, no lottery, because there could be no casualty or uncertainty in the drawing of the tickets so signed. But of Chance or casualty we will speak more at large in the next Chapter. § 3. The form or specifical difference of a Lot is taken from the use and intent or purpose of the user, or that whereunto this casualty or casual event is applied; which is said to be the deciding or determining of some doubt, whether it be the defining of some act to be done hanging yet in suspense, or the discovery of some hidden and unknown truth in things done or suspected to be done already. And this is that which distinguisheth a Lot from all other casual events and accidents, and that maketh the casual event so used to be a Lot so justly accounted and called. Every Lot therefore is casual; and there can be no lottery, where there is not casualty. But every casual event is not consequently a Lot: For many things fall out casually, and do befall men so continually in the whole course of their lives, which yet come not the most of them within compass of a Lot: as, meeting of those by the way that they never minded or once dreamt of; lighting on some one in the street or at the market, whom they desired to speak with, while they are going about other business; the finding of some one thing while they look after an other, or while they look after nothing but go on in their way: These things and the like are casual, but no lots; there is no lottery at all in them; because these things may befall a man will he, nile he, and do many times whether he regard them or no, whereas a Lot dependeth upon the will and purpose of the user, who by applying the thing zsed to such ends and purposes, maketh a Lot of that which otherwise in it own nature were none. But for a man to apply such a casual thing or the casual occurrence of any such thing to the discovering, defining, deciding, determining or directing of any truth unknown, event uncertain, or course unresolved, is to use it as a Lot, and to make a Lot of it; this being that that giveth the very essence of a Lot to it. To this agreeth that definition of a Lot and lottery given by some others, who define m Sorsest effectus fortuitus statuens de consilijs nostris. Aret. in problem: clas. 1. loc. 67. A Lot to be a casual event determining our purposes: (though that be somewhat too scant, and comprehend but one kind;) and, n Sortibus uti est ex vario eventu seu dispositione alicuius rei sensibilis propesitae, dubium aliquod determinare. Lyra in Num. cap. 34. & in Proverb. c. 16. lottery (whereof more anon) to be the determining of some doubt or uncertainty by the variable event or disposition of some sensible thing that we propound to ourselves. Which latter definition, though it do not so exactly point out the precise matter of a Lot, as we shall afterward show, yet doth fully comprehend the proper use of a Lot, and that which justly maketh the casual event to be so termed and esteemed. § 4. Out of that therefore which hath been said of the nature of a Lot may be raised, as I take it, somewhat a better definition, or at least description of lottery, to wit, that it is the deciding or determining of a doubt by some casual event. For that lottery is not but where some question or controversy is of some sort or other, a doubt of somewhat whither done or not done, or by whom, or in what manner done, or some deliberation concerning somewhat to be done or not done, or to be done either in this or that sort, which is by the Lot to be decided and determined, is a matter out of question, not denied of any, but agreed upon by all. Now whereas many and sundry, yea infinite in a manner are the means whereby questions and controversies are determined, of all these it is o In a Lot there must be 2 things: 1 a casual act: & 2 the applying of that act to the determination of some controversy. Perkins Cases of Consc: l. 3. s. 4. q. 2. resp. 2. some casualty or casual event only that is made choice of for the determining of the doubt in that which we properly term lottery. In regard whereof as they wander far from the right path in this point, p Serar. in Iosh: c. 7. q. 17. ex Plut: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pythag: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Suffragiadicit, qua fabis ferebantur. ●●. Steph: ●ectè. Fabis & calculis in urnam co●iectis judices legeba●t & suffragia forebant. Chy●re: in Ind: c. 1. & Lavat: in Prou: c. 16. Et contra Valla & Porta de suffragijs interpretantur quod Thucyd: l. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; cum de sortitioni●us i● utrumque dicatur. that confound q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Suidas. Et inde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicitur per i●cum A●istophani Equi●: populus Atheniensis. i. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, à fabis quibus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 utebantur, Hesych: Suid: & Aristoph: Scholar the suffrages or voices anciently used to be given either in election of Magistrates and Officers, or in matter of judicature for the acquitting or casting of the party in question by casting of r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lysias in Agorat. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ulpian add Demost: in Timar: beans white or black, or of beads and stones, s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ulpian: ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristoph: in Vesp: & Equ●●: quas Hesych: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Poll●x odom: lib. 8. cap. 1. Suidas & Schol: Arist: ex Epaphroditi Lexico 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 interpretantur. or bones or shells whole or hole t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pollux l. 8. c 1. item Hesych: & Schol: Aristoph: vesp. visendus Casaub. ad Athen. l. 10. c. 18. into a pitcher or other vessel prepared to that purpose; (whereunto Alcibiades alluded sometime when he said, u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. Apophth. He would not trust his own Mother with the trial of his life when he could avoid it, for fear lest she should unwittingly cast in a black bean for a white:) with * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hesych: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et ●inc Aristoph: Eccles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 S●bal: the Loteries used in the like manner for the disposing of some offices and places of employment also in the State, as if they were of the same nature, whereas indeed they are not. So they seem to shoot also no less wide in this business, x Delrio disquis. Mag. l. 4. c 2. q●. § 2 ●d sort●● diuinitori●● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 refer●. Sch●ider: in lex pentagl. ad divisorias. that draw within the compass of lottery y Num. 17.18. the proof of Aaron's right to the priesthood by that miraculous budding and fruit-bearing of his Almond-tree rod, z Delr●odisq Mag. l. 4. c. 4. q 4 § 2. per monomachi●m. the trials of quarrels in question of right by duels and combats, canonical purgations, a Ibid q 2. per sacramentum Euchar. by taking of the Host or the Eucharist, as also b Ibid. q. 4 § 1 per aquam & ignem. by fire and water anciently used even c Vise Com'd: Brit: & Versteg. c. 3. in these parts, d Delrio: ibid. c. 2. q. 7 § 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sortibus adnumerat. & Bodin. damonoma c. 6. & Pewter: de divinat. divination by men's names as foretelling their fortunes, and whether should prevail either against other, and the like: the means in these cases whereby the doubt or controversy is determined being not merely casual, and the decision of the doubt thereby therefore unproperly so termed. § 5. Where let me add yet one thing further, that it is not only necessary in the matter of lottery, that the thing be casual that is applied to the deciding of a doubt, but that it be thereto applied so far forth as it is casual, (I speak in regard of the creature both using and used) not as it hath either in it own nature, or in the conceit or counsel of those that make such use of it, any special relation otherwise to the business thereby to be decided. An instance or two will help to clear my meaning herein. For a man therefore requested to ride abroad on a rainy day with his friend, to say, I will ride, if it hold up by noon, if it do not, I will not stir abroad: or for a man being crossed casually by an Hare on his way, to conjecture thereby of the event of his journey, and to determine thereupon of proceeding or stay, or of this or that success in the same; there is in either of these cases a doubt decided by a casualty, but that not considered as a casualty, but as having otherwise a peculiar relation to the business intended, and the conveniency or inconueniency of it effected by it in the one and presaged by it in the other, and therefore making no lottery: In which point also some of the former Authors seem to fail, when they bring in e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Delrio disq. mag. l. 4. c. 2. q. 7. § 3. divination by the flight of Fowls, and by their eating or refusing their food under this head. But for a man pressed in that manner to accompany his friend, to say, we will draw cuts whether we shall stay or go, or whether I shall go with you or you stay with me, and put off your journey to some other time: or being upon the way together, and disagreeing in opinion concerning the shaping of their course, to refer the question and controversy between them to be decided by the flight of the next Fowl, or the footing of some Beast that hath gone before them on the way: here is matter of casualty regarded as it is merely casual, and in that respect applied to decide the present doubt, which no man therefore, I suppose, will deny to be lottery indeed. And thus we see what both a Lot and lottery is in general, to wit, A Lot some casualty or event merely casual purposely applied to the deciding of some doubt: and lottery the deciding or determining of some question or controversy by such casual events considered as they are such. CHAP. II. Of Chance or Casualty, and of casual Events. § 1. NOw because Chance or Casualty beareth much sway in lottery; Casual Events being the subject matter of Lots; the due consideration thereof will help not a little to the clearing of the nature of Lots and lottery, and those Questions that are moved concerning the same. Concerning Chance therefore or Casualty we will consider four things. 1. The name of it. 2. The nature of the thing so named. 3. Two distinct Acts concurring in it. 4. And lastly, certain conclusions or aphorisms concerning it. First for the name or term of Chance or Casualty, albeit it be by some utterly condemned, and held foolish and heathenish; yet is it a term according to the just analogy & proportion of Tongues and Languages, used by the Holy Ghost himself in God's book both in the Old and New Testament. In the Old Testament by the pen of b 1 Reg. 3.12. 2 Chron. 1.12. Solomon, the wisest (of a mere man) that ever was since Adam, where he saith, that c Eccles 9.11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod Plato de leg: l. 4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Time and Chance befalleth all men, or all things: as also oft d Eccles. 9.2, 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 3.19. ter. & 2.14, 15 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 casus acc●dit, vel conting●t. elsewhere in that book. In the New Testament by the mouth of one infinitely e Matth. 12.42. greater and wiser than Solomon, f 1 Cor. 1.24 the very power and wisdom of God, our Saviour Christ himself, in the parable of the jew that journeying to jericho fell among thieves, who as he lay wounded half alive and half dead, a Priest is said to have g Luk. 10.31. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. come by Chance that way: where the Evangelist Luke to express in Greek what our Saviour spoke in Syriack, useth a word precisely answering h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 evenire, contingere: unde Gracing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: sed & Lati●um curro, & occurro. Avenar. & Guichard. & inde nomen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. an other used by Solomon, and springing (as may be probably surmised) from the same root. I might add divers other places, where this term is i 1 King. 5.4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 occursus malus Vet: & Vatab: mali Trem: & jun: Ruth 2.3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ac cidit autem. Vet: evenit eventus. Vatab: casu accidit. jun: forte fortuna inciderat. Leo jud: her hap was to light on. etc. Reg: Bibl: Ang: elsewhere used in holy writ, but these two shall suffice. Augustine therefore, though k Non mihi pla●es toties me ●ppellass● Fortunam. Aug: retract. l. 1. c. 1. Poenitet me sic illam nominasse Fortunam, cum videam homines habere in p●ssima consuetudine, & ubidici debet, Hoc Deus veluit, dicere, Hoc voluit Fortuna. ibid. he repent himself in his Retractations that he named Chance or Fortune rather so oft in his writings; and it liked him not so well in regard of the abuse of that name among the Heathen, who held Fortune for a blind Goddess, and ascribed unto her what they should have given unto God; yet withal he explaineth himself that l Quamuis non Deam aliquam hoc nomine volnerim intelligi, sed fortuitum rerum eventum. ibid. he meant nothing thereby but the casual event of things; in which sense he acknowledgeth that it may be well used, and granteth that m unde & illa ver b● sunt, quae nulla religio dicere prohibet, forte, forsan, forsitan, fortuitè. Ibid. Religion condemneth not, nor inhibiteth such kind of speeches, as to say, Peradventure such a thing shall be, or, Perchance it may be, or, Such a thing came to pass by chance or casualty. § 2. Secondly for the nature of the thing so named, albeit some say that n Fortuna quid est● nihil est. for'rs nihil est; ne nomen quidem, tanquam rem quampiam, came decuit habere. Scalig: de subtle: exere: 307. § 25. it is nothing, as o M●litiae nihil est. Ambr. fuga sec: Malum nihil est. Aug: s●lil●q. l. 1. cap. 1. & Isid: de sum: bono l. 1. c. 11. Mal●m nihil est aliud nisi boni privatio. Aug: Enchir: 11. Peccatum nihil est; & nihili f●unt cum peccan● homines; sicut idolum nihil est. Idem in joan: tracts 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Basil ho●. 8. Nemo quarat efficientem causam malae voluntatis: non enim est efficiens sed deficiens; quia nec illa effectio est sed defectio. Aug: de Ciuit: Dei l. 12. c. 7. the same is said of sin, and therefore deserveth no name, save that Nothing itself must needs have some name, to express not so much what it is, as what it is not. Yet * Est aliquid: nec enim serm● communis inan●. Gerson super Magnif. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philo de cons●i●: Prine: Chance and Casualty is indeed something, & may be defined a contingency or uncertainty severed from forecast & foresight. contingency or uncertainty I term it, to seclude it from necessity & certainty. For where necessity is or certainty, there can be no Casualty;" Casualty & Certainty ever expelling either other. I add, senered from forecast and foresight, to distinguish casualty from such contingency, as is accompanied with either of these twain, either directed by forecast, or determined by foresight, which either of them both jointly & severally exclude casualty. Chance or casualty thus conceived is an affection or adjunct both of efficients and of effects. In regard of the former, it is by the p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Epicur: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Anaxag: & St●ici. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot: Vise Plutare: de philos: placit: l. 1. c. 29. & Aristot: physic: l. 2. c. 4, 5. & Stob: l. 1. c. 10. ancient Philosophers marshaled commonly among the causes in the rank of Efficients, though some q Adiunctum potius quam efficien● dicenda videtur. Tal●us in Ram: l. 1. c. 5. quod de Fat● Aristot: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Stob: l. 1. c. 10. later ones going more exactly to work, acknowledge it to be rather an Affection of an Efficient, or an Adjunct manner of Efficiency than an efficient cause of or in itself. In regard of the latter, Chance or Casualty is by a Trope ordinarily used to signify the Effect itself so affected: And so take I it here, and consider it in the matter of a Lot, as the use of Authors well warranteth it, and as r Fortunan intellig● fortuitum rerum eventum, Aug. retract: l. 1. c. 1. Casus est eventus inopinatus. Both: consol: lib. 5. pros. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 non est cansa, sed eventus inexpectatus. Art: probl: part: 1. loc: 57 Casus significat interdum motum naturalem ad quem eventus sequitur, sed non ex ordinatione naturae, & sic dicitur causa per accidens; vel ponitur pro qua●is causa non intendente cum quem producit effectum, & sic etiam fortunam complectitur: interdum ver● significat ili●● it sum fortuitum eventum ab illa causa per accidens manantem. Keckerm: system: Log. l. 1. c. 15. Christian Writers in these Questions most usually understand it, for a Casual Event, that is, an Event contingent, not directed or determined by any forecast or foresight. A Contingent, I say, that is, an uncertain or variable Event, as all grant it to be: And that again so uncertain as the uncertainty of it is not directed or determined by the skill, counsel, or forecast of him to whom it is casual; not that it is not effected and produced by known natural causes, but that neither his skill or counsel hath any hand in the directing of those causes in the producing of that effect, nor his forecast can determine what the effect will be in particular but by mere conjecture only. For the better conceiving hereof all Events may be referred to three heads: s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Anaxagor: apud Plut: piac: phillip l. 1. c. 29. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (m●lè vulg●) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Amphion apud Aristot: rhetor: l 2. c. 19 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato de i●g: l. 10. Est causa fortuita, est naturalis, est v●lunturia. Aug: ciu: l. 5. c. 10. They are either Necessary, Contingent but not Casual, or Contingent and Casual. t Necessarium est quod aliter se habere non po●●st. Kecker: system: l. 2. c. 3. Hinc Thales, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Laert: vit: philos: & Flut: plac: l. 1. c. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ●'ut. conviu: 7. Sap: & Grammatici 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Etymol. & Eustath. Necessary are such as fall out naturally always alike in a certain and constant course, and cannot do otherwise, unless some supernatural power countermand and overrule them, and the causes producing them: Such kind of events are the motion of the Heavens, the course of the Sun, for the fire to burn combustible matter cast into it, and the like. u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot: analyt: pr: l. 1. c. 12. Contingens quod vel esse, vel non esse potest. Kecker: system: l. 2. c. 3. Contingent and not casual are such as are so done one way, as they may or might have been done some other way, but that uncertainty is determined by the knowledge, art, forecast, and skill, or by the advice, counsel, deliberation, or free election of those whom they concern or befall: as for a man on his way to go on or stand still, to go forward or backward, it being in his power & determinable by his own will and advice to do the one or the other. Contingent and casual are such x Quid est aliud sors, quid fortuna, quid c●sus, quid eventus, nisi came sic aliquid cecidit, sic evenit, ut vel nō● cadere atque evenire, vel aliter cadere aetque evenire potuerit? Cic: de divin. l. 2. as might fall out in like sort diversly, and are y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. analy●: pr: l. 1. c. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot: physic: l 2. c. 5, 6. & 3.5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Menand. apud Stob: l. 1. c. 10. not determined by any art or forecast, counsel or skill in regard of the person to whom they are casual, or whom they casually befall. Thus for a man travailing on the way, without forecast of aught in that kind, to espy the Eclipse of the Sun falling out at that instant in the river where he rideth in to water his horse: the Eclipse of the Sun here is natural and necessary, his seeing or not seeing of it is contingent or voluntary, his espying it in that place going in for no such end is merely casual and accidentary. Thus he that slew Achab by casualty, is said to have drawn his bow a 1 King. 32.34. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in integritate, sive in simplicitate sua, nihil minus cogitans quam Achab● percutere. I●n. in simplicity, intending, it seemeth, nothing less than that his arrow should there light where it did, being shot out at all adventure by him, the uncertain motion not directed or determined by the will or skill of the shooter to the mark that it hit. So the slaughter of the person that is casually slain, is said to be done b Num: 35.22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 derepente. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 absque inimic●t●a. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 non ●● insidijs, sive de industria. jun: suddenly, inconsiderately, not out of enmity, not of set purpose or by a train, the party that did it c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cum non videret eum: inconsideratè. jun: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nec malum eius quaereret. Num. 35.23. not eyeing or seeing him, nor seeking his hurt whom he slew: all which terms and phrases used by the Spirit of God in that case, tend not only to express the uncertainty of the event, but to remove also all knowledge and counsel, all foresight and forecast, whereby that uncertainty might be determined by the party that was agent in that act. § 3. Now in these casual events there are two things concurring, as generally in all acts & events whatsoever. The one an act of the creature either reasonable or unreasonable; of the reasonable either led merely by guess and conjecture, as in drawing of cuts; or roving at all adventure, as in taking out of tickets shuffled and so blended together, that there is no place at all left for guests; of the unreasonable either moving itself naturally but uncertainly in regard of particular circumstances, as in divination by the flight of Fowls, and by their feeding or refusing their food, or moved by some other at all adventure, (for so far forth as any art or skill is used, so far forth it is not casual) and that so as it may take divers courses, or light diversly, if it be but one, as when a blind man or one blindfolded shooteth a shaft at random; or when boys play at cross and pile; or they must of necessity fall diversly though uncertain how, if they be many or more than one, as where divers dice or pawns are cast out of the same box or hand, sundry balls or bowls out of the same lap or arm. The other is an act of the Creator, a providence or assistance either in general or special; and that for the most part general and mediate in ordinary casualties, sometime special and immediate in extraordinary events. A general providence, I say, ordinarily, as in all other things: For the prescience and providence, or, if you will, rather the will, pleasure, and omniscience of God extendeth itself in general unto all things, even to d Matth. 10.29. Luk: 12.6. the lighting of a sparrow, e Matth: 10.30. Act: 27.34. Luk. 12.7. & 21.18. Possum dicer● porcorum qu●que se: as apud Deum numeratas, nedum capillos sanctorum. Tertull: de fuga. to the shedding of an hair. f Deus omnium & fortuitorum & non fortuitorum. author est. Mar●in: in Ram: dial: l. 1. c. 5. Aeterna lege cuncta decuerunt. Sen: provid: c. 5. God (saith one well) is the author of all things, be they casual or other: g Aug: confess: l. 1. c. 10. Domine D ●, ordinator & creator rerum omni●m naturalium, p●c●atorū autem tantum ordinator, non creator. Sic enim legendum, quod in vulgatu perperam, Peccatorun autem tantúm non ordinator: Prout idem alibi: de Ciuit: Det l. 5. c 9 Creator creatorum spirituum volunta●es bonas adiuvat, malas judicat, omnes ordinat. Et ibid. l. 14. c. 26. Omnipotenti D●o summo a● summè bono, creatori emnium naturarum, voluntatum autem bonarum adiutori ac remuneratori, malarum relictori & damnatori; vtrarum● ordinatori etc. Nisi fortè cum Gomaro de provid: c. 12. leg●re lubeat, Tantamm●do ordinator. author, I say, as an other well distingnisheth, of the action, though disposer only not author of the evil, where any is, in it. If a providence of God therefore in all things, then in casual events also: and as in all things, so in casual events ordinarily, and no otherwise. If a h Matth: 10.29. Sparrow fall not without God's permission, much less is any man slain without God's providence, who is therefore said to i Exod: 21.13. offer the man that is casually slain, unto the hand of him by whom he is slain. In this regard well saith Augustine, that k Quae vulgò Fortuna appellatur, occul●o quodam ordine regitur. Aug: retract: l. 1. c. 1. That which is commonly called Chance, is yet by a certain course secretly guided: and that l Hoc totum, quód Forte, fortuitò etc. d●cimus, ad diu●●ā providentiam revocate debemus. Idem ibid. Even in those things that we say come by chance or by adventure, respect aught to be had to a divine disposition. Yea in regard of this providence by casualties oft checking men's counsels, is it said by Solomon, that m Eccles: 9.11. The race goeth not always with the swiftest, nor the battle with the strongest, nor bread to the wisest, nor wealth to the skilfullest, nor grace to the cunningest; but Time and Chance befalleth them all. That which the Heathen man it may be saw when he said, that n Nommulium oportet consilio credere; quia suam habet for●una rationem quod non expectas ex trans●erso fit; & suam super no● fortuna negotium curate. P●tron. satire▪ Men ought not to rely overmuch on their counsel or forecast; for that o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Me●and: Hypobol: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ch●rem: Achil: Thersiticid: apud S●ob: lib. 1. cap. 10. & Plut: de Fortune: Vitan regit fortuna non sapi●ntia. A Callisthene dictum laudat Theophrastus Cicer: Tuscul: l 3. fortune, as saith he, or p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plat● de leg: l. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Tyrius M●x: serm: 3. God's providence by fortune, as much better another jumping almost in precise terms with Solomon saith, striketh a great stroke, and oft carrieth things across to that we expect. Which as it is so in other casual events, so in Lots among others; of which Solomon saith therefore that q Prou: 16.33. The Lot is cast into the lap, but each disposition of it is of God. In which speech the spirit of God by Solomon, as divers r jun: No sortem quidem ipsam caesu fortuito con●ingere, sed Deum providentia sua, qui●quid sor●e accid●t, sigillatim disponere; quam & in infinitum rebus omnibus singulariter adhibet. Lavat: V●iuersa & singula, etiam quae temerè accidere videntur, arcana Dei providentia gulernari. Malder: ad 22. 2●. Thom: de superstit. tract: 10. c. 7. dub. 9 H●● solum dicitur, sorts non ita esse fortuitas, quin etiam temerè in s●num missae, magna Dei pro●identia temperentur. Rhodolph: B●in: in Prov. Nihil in rebus humanis ger● sine nutu & dispensati●ne divina: ne sortes quidem a'iter cade●e quam moderatione divina. Divines of great, yea of good note expound him, implieth but thus much, that though nothing seem to be, or indeed is more casual than a Lot, where it is carried as it ought, yet there is a divine providence in the disposition of it; as there is the like also in all other events, of what nature and quality soever they be. And therefore look what is said by Solomon of a Lot in that place, the self-same is said s Prov. 19.21. & 16.1, 9 & 20.24. & 21.30, 31. elsewhere of all men's thoughts, and ways, and words, and works, and counsels, and courses, that they are disposed by God, and are t Ier: 10.23. not absolutely in our power to give issue to them as we will. Thus is it true that A●gustine saith, that u Solent, quae sort dantur, divinitum dari Aug: de Ge●: ad lit: l. 10. c. 18. Those things that fall to us by Lot, are given us from God: according to that of the Psalmist, * Psal. 16.6, 7. The lines are fallen to me in a pleasant place, and I have a fair heritage: I praise the Lord for it. (Though that be spoken metaphorically not properly, as the former words show, x Ibid: vers: 5. The Lord is the portion of my part and of my cup; and the maintainer of my Lot.) But withal in like manner y Prou: 10.22. all wealth whatsoever, be it z Frou: 19.14. left by decease of friends, or got by a Deut. 8.18. travail and industry, or attained otherwise, and b Psal: 127.2. rest or sleep, and c Prou: 19.14. a good wife, and d Psal: 127.3. Gen: 30.1, 2. Iosh: 24.3, 4. children are said to be God's gifts, and to come all from him, who e Act: 17. ●5. 1 Tim: 6.17. giveth all things to all, and f Esai. 26.12. worketh all things for all, and g Eph: 1.11. Hebr. 13.21 in all. Yet sometime there is a more special and immediate providence in extraordinary cases and upon extraordinary occasions in these casual events, as in the h 2 King: 13.21. casting of the man suddenly for fear of the enemy into the sepulchre of Elisha, who by God's admirable work to grace the blessed memory of his faithful servant deceased, revived thereupon: as in the i jon. 1.7. Lot whereby jonas was sometime discovered; done, as Hierome well saith, k Deprehendebatur jonas non viribus sortium, & maximé sortibus Ethnicorum, sed voluntate eius qui sortes regebat inceri●●. Hieron. in Ion: c. 1. not by virtue of the Lot itself, much less of a Lot used by Heathen and Infidels, but by his will and providence that ruled, or rather overruled the uncertainty of it. And in this case is that true, which Bernard saith, that l Qui nobi● casus videtur, serm● qu●dam Dei est, suam nobi● indicans voluntat●m. ●ern. de divers: ●erm. 26. That which seems Chance to us, is as a word of God acquainting us with his will. That which is true indeed in general, if we consider God's decreeing will of whatsoever cometh to pass: for we know that it was Gods will it should be so, when we see it once fallen out so, and his will is manifested by his work, either for the doing of the thing itself, or for the permitting of it to be done. Otherwise if it be further understood of the manifestation of Gods approving will concerning somewhat to be done or left undone of us, it is not true in the general. For what word of God is there showing his will in this kind and this sense, when an Hare starteth out before a man in the way, or a Fowl flieth beside him, or he treadeth in some unclean thing unawares, and the like, more than in any other act whatsoever? unless we will give way to their l De quibu● latissi●ié I●an: Sarisber: in policrat: sive de nugis Curial: l. 1. c. 12. superstitious and frivolous conceits, that make such accidents ominous. Howbeit of extraordinary Lots cast by special instinct or express appointment of God, it is most true, and of such may well be understood those speeches of other of the Ancients, who call lottery m Sors veluti divino pendet examine. Ambr: de Tob: c. 20. a divine trial, and n Electi sunt duo judicio humano, & electus de duobus unus judicio divino. Aug: in Psal: 30. de Matthia Act: 1.26. a divine sentence: and say that o Quae Dei voluntas continet in occulto sors homin●bus declaraet in manifesto. Origeu: in Iosh: hom: 23. a Lot discovereth to men Gods hidden will; and p Dei judicium, quod est in occulto, sors pandit in publico. Ibid. maketh it known openly what God judgeth secretly: as also that q Sors res est in dubitatione humana divinam indicans voluntat●m. Aug: in Psal: 30. A Lot is a matter in man's doubting manifesting Gods will. Which sayings all, if they be understood of Gods approving will what he would have done or not done of us, must of necessity be restrained to such Lots alone as God himself shall by some special means appoint to be used to that purpose. § 4. From that which hath been said, and already laid as a ground, may certain conclusions be deduced concerning casual Events. The first conclusion: It is idle in matter of Casualty, and so of lottery, to confound the act of the Creator with the work of the creature; they being two several things distinct in themselves, which ought not therefore to be confounded in casual events more than in any other whatsoever. Yet thus many seem to do, and those men of some note, when they say, that r for'rs five fortuna idem est quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; sed differun● ratione significandi. Scalig: de subtle: exerc. 307. § 25. Fortune or Chance is the same with God's providence, and that they differ only in respect: as also, that s Triae ha●, Providentia, Fatum, Fortuna idem sunt reipsa: ratione tamen ita disting●untur, ut providentiae quasi t●tum videatur, reliqua verò● dua parts, nam providentia omnium causa est qua fiunt; cadem autem respectu corum quae necessarió fiun●, ●Fatum, respectu veró corum quae fortuitó fieri videntur, Fortuna appellatur. D●unam: in R●m: dial: l. 1. c. 5. Providence, Fate or Destiny, and Fortune or Casualty are in truth the same; yet so to be distinguished, that the first includes the two latter: For that Providence is the cause of all things that are done; which Providence in respect of things done necessarily is called Fate or Destiny, in respect of things done casually is called Fortune or Casualty. And therefore t Quod sapientibus & pijs singulari● Dei prouid●ntia est, id ins●pientibus & prophanis Fortuna dicitur. Ibid. That (say they) which to the wise and godly is God's singular Providence, to the foolish and profane is Fortune or Chance. The very like hereunto saith Lactaentius of nature, (as before him u Quid aliud est Nae●ura quam Deus, & divina ratio toti mundo & paertib●● eiu● inserta. Sen: de benef: l. 4. c. 7. Ne● Natura sine Deo est, nec Deus sine Natura, sed id 〈◊〉 est virumque; nec distat Natura, Faetum, Fortunae: omnia eiusdem Dei sunt nomina varié vtenti● suae potestate. Ibid. c. 8. iovi nome● omne convenis. vis illum Fatum vocare? non errabis. hi● est ex quo s●spensae sunt omnia; causa ca●sarum. Vis illum providentiam dicere? recté di●es. est enim cuiu● consilio huic mundo providetur, ut inconcussus ●at etc. Vis illum Naturam vocare? no● peccabun est enim ex quo nata sunt omnia; tuius spiritu vinimus. Vis illum vocare Mundum? non faelleris, ipse enim est totum quod vides; totus suis partibus inditus, & se sustinens vi sua, Idem quest: nature: lib. 2. cap. 45. Seneca,) which he confoundeth also with God. * Stultitia, & error, & ca●itas, & ut Cicero ait (Academ: quest: l. 1.) ignoratio causarum Natura ac Fortuna nomina ind●xit, Lactant: instill: l. 3. c. 29. Folly and error and blindness, saith he, and, as Cicero confesseth, the ignorance of causes brought in the names of Nature and Fortune. And again, x Hae● Religionis euers●● Natura nomen invenit. etc. Ibid. c. 28. This overthrow of piety brought in Nature's name: For when men knew not by whom the world was made, or would persuade men that nothing was made by the Deity; they said that y Naturam esse rerum omnium matrem, quasi sua sponte nata sint. Ibid. Nature was the mother of all things, as if they should say that all things had sprung up naturally of themselves; which word while they use, they confess their own folly: Since z Natura (remotae providentia & potestate divina) prorsu● nihil est. Lactant. ibid. Nature, severed from the divine power and providence, is just nothing. And the like error commit they when they define “ Fortunam D● Turrian quaendam vo● humanas varijs casibus illudentem. etc. Ibid. Fortune a certain Goddess which by sundry casualties sporteth herself with defeating of men's purposes, because they understand not from whom those good or evil things come that befall them. It is true indeed, (as a a Mornae: de verit: relig: Christ: c. 13. worthy man saith answering that objection of Atheists and Epicures, what will become of Fortune if there be a divine Providence in all things?) that if we speak of Fortune, as the b Fortunan insanam esse & cacam & brutam perhibent Philosophi, saxoque illam instare globoso praedicant volubili. Ideò quo saxum impulerit for'rs, cadere eo fortunam autumant. Caecam ob came rem esse iterant, quia nihil cernit quo sese applicet. Insaenan autem ai●nt, quia atrox, incerta, instabilisque fit. B●utam, quiae dignum atque indignum nequeae● internoscere. Pacuv: apud Cornif: ad Herens: l. 2. § 41. Poets paint her, blind, standing on a globe, turned about like a weathercock with every puff of wind etc. it is but either a poetical figment c Tam facilè deleri quam pingi potest. Ibid. quemadmodum de Homero Aristot: To 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Strab: georg: l. 13. Murum Poeta, qui finxit, delevit. , that d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philemon Com: apud Clem: Alex: Strom: l. 5. may as easily be done out by us as it is drawn by them: or else at the best a symbolical emblem deciphering out the great uncertainty of casual events, of which we shall say more anon. And again it is no less true that the same e Morn: ibid. uói sup: Author saith, that if by Fortune with Proclus, we understand a divine power coupling causes together which would of tiarre otherwise, that they may work to one and the same end; then are we to acknowledge such a power and providence not in f Non in vagi● tantum incertisqua quibusdam, sed in ce●tissimis, & in omnibus. casual things and such as are uncertain alone, but in all other whatsoever, even those that be most certain. For g Deus ipse est ali● nomine designatus. Ibid. Fortune is no other than but God nicnamed. But if we consider the term of Nature, and so of Fortune or Chance, as the Holy Ghost useth them; as Nature is a power or faculty in the creature distinct from God's providence guiding and ruling, yea and oft overruling the same to such ends as he seeth good: so is Fortune or Chance also an affection or action of the creature distinct from the same providence whereby God likewise guideth and disposeth the same at his pleasure. As in natural effects therefore there is the work of the creature, which might be albeit there were no providence disposing it, but the creature for matter of direction were left wholly to itself: so is there the like also in casual events; which as they do now fall out, and yet are ordered, as all other things, by God's providence either general or special; so would no doubt fall out the same oft-times that now they do, were there no providence at all, but the creature left to it own work and will. In regard whereof the Scholeman not unfitly saith, that h Divisoria Sor● locum habere posset, etiamsi res humana fortuitò agerentur. Thom: de sortib: c. 5. there might be some use of some kind of Lot, although there were no providence at all to guide it, for that i Conting●t aliquen divisoria sort uti, non quas● requirat judicium divinum, sed quasi committens fortunae; quod maximè videtur in lud● taxillatori●. Thom: ibid. in the same, the decision of the matter in question is referred wholly, as we shall see after, to the casual motion of the creature, without any special providence of the Creator required thereunto. In a word, if in casual events we consider aught beside the ●●ature and the uncertain motion thereof, (uncertain (I say) to us, because not determinable by us, though determined ordinarily by some natural cause or other:) there is nothing guiding them but God's providence: which two things, the act of the creature, and God's providence accompanying it, though never sundered or severed, yet are to be distinguished and distinctly considered, and not to be confounded the one with the other. § 5. A second conclusion: The casualty of an event doth not simply of itself make it a work of God's special or immediate providence. It is apparent: for there is oft-times a more special providence in many things that are not casual but contingent only, then in the most things that are casual. How many casual events daily befall us, even as many almost as we meet with men, or tread steps on our way, when every cast of our eye ministereth new variety of casualty, and every unexpected object bringeth a casual event with it; which yet no man will be so senseless as to account so many several works of special or immediate providence? And yet some one contingent event only among many other merely casual may be so, when they are not. For example; for a man on his way to be crossed oft by an Hare, to meet with many unknown, find a piece of old iron, spy a covey of Partridges, have his hat blown of his head, and the like, may well befall a man and be all merely casual. But for a man's friend out of suspicion of danger and forecast of distress that his friend may incur, to enforce his company upon him, whereas otherwise he should travail alone and is desirous so to do, and being in company with him to be a means of saving his life by recovery upon a fall, or by rescue upon assault, were an event contingent rather than casual. And yet who would not acknowledge a more special providence of God in the latter that is less casual, or rather not casual at all but contingent only, deliberatory and voluntary, undertaken upon mature counsel and forecast, than in the former, that are or may be merely casual, and fall out beyond all expectation, without any forcecast at all? It is true indeed that God's providence is more manifested in things casually befalling us for good or evil, than in things that befall us contingently by means of men and their forecast and affection to us, or their hatred and malice; as more in things that fall out contingently, than in things that are necessary. Howbeit the providence of God ordinarily extendeth itself to all of them alike, and is more special sometime in some things not casual than in others that are such. Yea in the same event either casual or other may a more special providence of God be justly deemed to be at some time than at other in regard of circumstances concurring: as for a man traveling over Salisbury plain to find a pitcher of water left occasionally there, having no need of it or use for it, no man, I suppose, would expound as a special providence of God: But for a man exceedingly vexed with thirst, extremely distressed, as h judge 15. 1●. Samson sometime, and ready to die for want of water to drink, to light on the like booty casually, as i Genes. 21.19. Hagar was directed by God's Angel to a Well, he would have just cause to esteem it to have a special providence of God in it, and might well term the place where he should so find it, as she did an other place where God's Angel found her, k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 puteus viventis (Dei) videntis me. Genes. 16.14. Beer lachai roi, or the Well of the living God that looked after me when I was near lost. No man not fond superstitious would account so of the one; and no man not grossly impious but would judge so of the other: yet both equally casual: the casualty of events therefore doth not of itself simply adjudge them to either. § 6. A third conclusion: That may be casual to one that is not casual to another; where there is forecast and foreknowledge and counsel foreseeing or directing and disposing it in the one, and not in the other: and that may seem such, which indeed is not. For the better conceiving hereof we are to consider that in casual events two things do concur, l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot: physic: l. 2. c 4. Fort●ita quae sunt, ●ulla nec arte nec sapientia praevideri p●ssunt. Cic. divinat: l. 2. ignorance or want of foreknowledge foreseeing them, and inconsiderateness, or want of forecast directing them: for these things make the event of them uncertain to us: & uncertainty breedeth casualty. Yet is not that all out true here that some say, that m Ignoratio ●ausarum confinxit fortunam. Lactant: instit: l. 3. c. 29. & Ram: dialect: lib. 1. c. 5. ex Cicer: quast. Academ: l. 1. Ignorance of causes forged the term of Chance or Fortune: and that n Nihil aliud in rebus casum vocamus, nisi cuius ratio & causa secreta est. Aug: contra Academ: l. 1. ●. 1. Chance is nothing but that, the cause whereof, or means whereby it is effected, is hid from us. For many things we know not the cause of, which yet we ascribe not to chance, neither indeed are they casual; but some of them are necessary, as that the Loadstone should attract iron and steel, and direct the needle touched with it Northward, etc. no known cause or certain reason can be rendered of either; and yet are they necessary and natural, not casual events: some only contingent, as the return of Ague fits in an ordinary course is not casual, to speak properly, but contingent only at the most, even to such a one as out of ignorance of the true cause and ground of its recourse in that manner, suspecteth it to be some kind of spirit. Again many things there are and come to pass daily, which we know the causes of, and yet are they casual to us, because they were not foreseen by us: as when an Hare started by hounds crosseth a man travailing on some other occasion; though he be neither ignorant of the cause of his own journey that way, nor of the cause of the Hares crossing the way at that instant, yet may it be casual to him that an Hare then and there should cross him: whereas if a man knew beforehand what would fall out or befall him on the way, nothing then that did betide him should be casual unto him. Thus then may the same thing be casual to one, that is not so to another; because it was foreseen and foreknown by the one and not by the other: as o 1 Sam. 10.2, 3▪ ●, 10. Saul's meeting them that Samuel had foretold him of before, was casual to them he met, not casual to Samuel and Saul himself, the one that foresaw it by revelation from God, the other that foreknew by relation from him. Again, all counsel and forecast is excluded from casual events. Nothing that is done by advice, counsel or forecast, is done casually in regard of him that so doth it. p Quiequid cas● fit, te●●rè fit. Aug: 83 q●●st. 24. What is done casually is done unadvisedly, saith Augustine. And q In cas● temeritas, non ratio 〈◊〉 consiliu● vali●, C●●: divin. l. 2. temerity swayeth in casualty, not reason or advice, as we have formerly showed. In regard whereof we use to say of those that speak inconsiderately and deal unadvisedly and unconstantly, that r Reliqua sic à me aguntur & agentur, ut noncommittamus ut ●a quae gessimus, fortuitò gessif●e videamur. Ci●: add Attic: l. 1. ep. 15. Non c●mmittam, ut quae gessi, casu m●gu & felicitate quam virtute & consilio gesta videantur. Idem pro Sylla. Et And●cid: de myster: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. they deal as if they dealt by casualty, s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Xenoph. paed l. 1. or went by lottery; that they speak● as t Hoc no● est confiderare, sed quasi sortiri quid loquare. Cic: de nat: De●r: l. 1. if they drew cuts what they should say. And thus again may that be casual to one that is not so to another, because it is beside the intent and purpose of the one and not of the other. Thus was u 1 King. 21.20. ahab's meeting Elias casual to Ahab, but not casual to Elias, who went of purpose to meet Ahab: thus * judg. 11.34 jephta's meeting his daughter and she him, was casual to him who expected her not, not casual to her whose purpose was to meet him. Yea thus many things seem casual when indeed they are not; x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. de Crespbont● Polyae●. stratag: l. 1. ut tectè legit Casa●b: being thought to come by adventure, when they are done by art and advice: as Plato counseleth the rulers of his imaginary y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato de repub: l. 5. Id●m & in Timaeo. state to couple persons together by a slight and semblance of lottery, that they might seem to light either on other by lot or by chance, when indeed it was done by their cunning and slight. Thus Darius his horses neighing after the mare which he had been with lately before in that place, seemed casual to his competitors, who before z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Herodot: l. 3. Viam invenerunt, qua de se judicium Religioni & For●un● committerent: p●cti inter se, cuius equ●● ant● solis ortum (an●● regiam couveni●● tium) hinni●um pri●●us e●idissit, is Rex esse● justin: ●ist: l. 1. had agreed to settle the Empire on him whose horse should first neigh at their next meeting in that place; but neither was so indeed, nor seemed so to himself, or at least a Hin● statu●● Dario in rei ges●ae monimentum erect epigraphe, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Heredot: ibid. to his groom who had laid the train before for it. b A●etius problen: cl●s. 1. loc. 57 Thus a man sendeth his servant on an errand through such a lane, where he knoweth that he shall meet his mistress coming from market laden with meat; they meet accordingly the one not expecting the other, and suppose they meet casually, when indeed it is no casualty, but the good man's care forecasting it for the ease of his wife. c Morna: de verit: relig: Christ: c. 13. Thus the servant lighteth on money, that his master hath laid of purpose as a bait to try his honesty withal, whether he will restore it or retain it, and thinketh it came there casually, where it was purposely disposed. And of this kind, in a word, is all co●en and cunning conveyance used in Lots to make that seem casual that indeed is not, but is carried by slight; a thing so common in such courses, that among the Dutch it is reported to be grown to a byword, In lottery is Bovery, that is, knavery or cozenage. Now howsoever in such cases the ignorance of causes maketh those things seem casual that indeed are not so; yet to speak properly, it is rather the ignorance of events, as in the former cases, that maketh things indeed casual unto any; by means whereof it cometh oft to pass, that the same events are casual to some that foresaw them not, and yet not casual to others that foresaw them before: and so it is true, that d Fortuna in ignorantia nostra fu●datur. Mor●: de verit: rel: Chr: c▪ 13. Tolle ignorantia●● è personis, fortunam à reb●s, éque reru●● natura t●ll●●. Ibid. Casualty dependeth upon our ignorance; which therefore e Qu● mi●●● scimus, ●● plus fortuna; quo plus, 〈◊〉 fortun● minus. Morn: ibid. Quip intellectus ubi maior inest, minus illuc est de fortuna. Gerson super Magnif. the more we know, the less we are subject unto. § 7. And hence followeth the fourth and last Conclusion: That there is f Deo nihil fortuitum. Gerson super Magnif: (Deo) vt●iunt cuncta, no● incidunt. Sen: d● provid: c. 5. no casualty with God; because no ignorance in God. There is nothing, I say, casual unto him; yea nothing cometh contingently, but g Deus necessariò & immutabiliter novit & praenovit universa, ●tiam futura contingentia. Lomb: s●ntent: l. 1. d. 38. & 39 Thom sum: part: 1. q. 14. art: 13. Scot: super 1. d. 29. q. 5. & ●oeth: cons●l: philos: l. 5. pros. 6. all things necessarily in regard of him and his decree. If we respect indeed the creature, and its manner of working, some things come to pass necessarily, some contingently, some casually. But if we respect Gods will and purpose, his prescience and providence, nothing falleth out contingently or casually, but all things come to pass necessarily. Nothing contingently: for in contingency is uncertainty: but h Apud Deum quip iam factam est, quod ei●● dispositione futur●m est, qui fecit quae futura sunt. Aug: in Psal. 104. In D●i dispositione iam facta sunt, quaecunque, futura sunt, qui non aliter novit facienda quam facta. Id●m de civit: Dei l. 10. ●. 12. Omnia enim quaecunque voluit, non solum praeterita, vel praesentiae, sed etiam futura iam fecit. Ibid. l. 22. c. 2. Et ideò tanquam praeterita dicuntur quae futura sunt, quia Deo & futura tam certa sunt, tamquam praeterita sint. Id ●● in Psal. 43. all things are certain with him, who hath done already what he will do or will have done; and with whom whatsoever ever shall be, is as sure as if it were done already. For i Prou. 21. 3●. There is no wisdom, nor understanding, nor counsel against God. k Psal. 33.10, 11. He disannulleth the devices of Nations, and defeateth people's purposes: But his counsel shall ever stand, and his purposes shall always take place. Nothing casually; because he l Prou. 15.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hesiod. oper. l 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eurip: apud Clement: pr●otrept. seeth all, and m joan 2.24, 25. & 16.30. 1 joan. 3.20. knoweth all; yea n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Xenoph: Cyr: ped: l. 1. Deus omniae deprehe●dit antequam ●ant. Ambr: epist: 12. Futura omnia divinus prae●urrit intuitus. Both: consol: lib. 5. pros. 6. he foreseeth and foreknoweth all that ever shall be. For o Act: 15.18. Nota ergò fetit, non facta cognovit. Aug: de Gen: ad lit: l. 5. c. 1●. from the beginning of the world, yea from all eternity, God knew all his works; his foreknowledge and prescience being coeternal with himself and his own essence: and all the thoughts, and words, and works of all his creatures are as well known to him as his own are. For p Psal. 139.2, 4. There is not a word in my tongue, but thou, Lord, wholly knowest it, saith David: and thou understandest my thoughts long before. And q 1 King. 8 39 Act: 1.24. Thou alone knowest all men's hearts, saith Solomon. And again, r Heb. 4 12. All things are naked and broken up to him with whom we have to do. Yea as he foreseeth and foreknoweth all things ere they are; so s Deo in cousp●ctu praesto simul sunt universa, praes●ntia, praeterita, futura Aug: de triui●: lib. 15. cap. 7. Nec sigill●tim videt o●●, sed simul. Ibid. cap. 14. Simul, non luccessiuè omniae vi●et. Thom. sum: part: 1. q. 14. a. 7. he seeth and knoweth all things past, present and future at once. t Thom: sum: part. 1. quaest: 14 a. 13. jun: de peccato Adae q. 1. cap. 4. Huic ex alto cuncta tuenti, Nulla terra mole resistun●; Non nox atris nubibu● obstat. Vu● menti● cernit in ictu, Qua sint, quae fu●riut, veniantque Quem, quia respicit o●nia soiu●, Ver●m possis dicere Solen. Both: consol: l. 5. me●r. 2. Itaque si praescientiam pen●●r● velis, qua cuncta dinos●●t, non esse praescientiam quas● futuri, sed scientiam nunquam de fi●ientis instantiae r●ctius existima●●s. ●nde non praevidentia, s●d providentia potius d●citur, quòd porrò à re●●● infimi● constituta, quasi ab excels● rerum cacumine c●ncta pro▪ spitiat. Ibid. pros: 6. We are as men on the way, that see who go before them or with them, but see not who come behind them: God is as one standing aloft on a sentinel, that seeth all both before and behind under one view at one instant. That which the Psalmist seemeth to allude unto when he saith, that u Psal: 33.13, 14, 15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Soph●●l: Electr. God looketh down from heaven and seeth all Adam's sons; from his place of abode he views all the inhabitants of the world: and as he framed and fashioned the hearts of each of them, so he taketh notice of all their works. God therefore foreseeing all things ere any of them are, there can none of them fall out casually in regard of his Majesty. But needs must he foresee all things even ere they are, when there is nothing that he doth not ever see: and * Omni● fi●●● videt, quorum nullum est quod non semper vid●t. Aug: trinit: l. 15. c. 14. Deus omnia semp●● videt & simul. Lomb: sent: l. 1. d. 39 D. there is nothing but he ever seeth it, that seeth all things at once. Again, in regard of God can nothing come casually, because by his providence and eternal counsel all things are guided and governed, and ordered by him to such ends as he seeth best himself. So that even x Apud Deum ordinata sunt, eti●m quae in se maximè inordinata vide●tur. Vise Aug: de ordin: l. 1. c. 4, 5. & 83. quaest. 27. those things that seem most disorderly in themselves, yet are ordered with him. For not only y Eph: 1.11. Heb: 13. 2●. the best things are all effected and wrought by him; but even z Act: 2.23. & 3.18. & 4 27, 28. the worst and the wickedest are all so ordered and disposed by his eternal counsel and unsearchable wisdom, that 1 Per candem creaturae voluntatem qua factum est quod creator noluir, implevit ipse quod voluit. Aug: enchir:: c. 100 Deus de eyes qui faciunt quae non vult, facit ipse quae vult. Idem de corrept: & great: c 14. even by those that do what he willeth not but forbiddeth, he fulfilleth what he willeth. Nothing therefore coming to pass but what God foreseeth, what God foredecreeth, what he hath foreknown, and what he hath foreordained, there can nothing come casually in regard of God; casualty necessarily excluding all foreknowledge and forecast. That which the Heathen man of old foresaw when he said, that 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hippocr; apud Stob: Omnia Deo certa, nobis multa fortui●a. 1 Calvin: instit: lib. 1. cap. 16. § 9 Respectu Dei ordinisque divini necessariò fiunt universa, respectu verò nostricontinge●tia, casu, fort●na eveniunt infinita. Zanch: de nature: Dei l. 5 c. 1. Thes. 2. § 4. rat: 3, 4. Nothing was casual with God, though many things were with man. In which sense are we to take Augustine, where he reasoneth thus against casualty; 3 Qaicquid casu fit, temerè fit. quicquid temerè fit, non fit providentia. si ergo casu aliqua fiunt in mundo, non provideniia universus mundus administratur. Aug: 83. quaest. 24. whatsoever is done by casualty, is done unadvisedly: whatsoever is done unadvisedly, is done without forecast or foresight: if aught therefore in the world come to pass casually, the whole world is not administered by forecast or foresight. Which argument or ground of his simply considered 4 Tam contingentiam q●àm cas●m excludit. Calvin: justit: l. ●. c. 16. § 9 might exclude as well all contingency in regard of uncertainty, as all casualty in events, but must of necessity be understood of the events of things only as they regard God; with whom, because he foreseeth all things before they fall out, and fore-determineth all things how they shall fall out, none of those events are casual, that are most casual unto us, none contingent of those many that are contingent unto us. CHAP. III. Of the several Sorts of Lots. § 1. THus much then shall suffice to have spoken of the definition of a Lot, and of Casual Events, whereof a Lot is one, in general: we will now proceed to consider of the several Sorts and Kind's of it. In the division of Lots therefore I find much diversity among Writers, some referring all to two heads, some to three, some to four, some to more, uncertain how many. a Lyra in Num● c. 34. & in ●rou●. c. 16. & in jome. 1. divisoria ad aliquid inter plu●es di●idendum; consultoria ad aliquid determina●è agendum. Lyra maketh but two sorts of Lots, divisorie, used for the dividing of something between divers; and consultory, for the determining of somewhat to be done. The former, saith he, lawful and free from offence, if without greedy desire of gain the event be committed to the chance or the casual motion of the creature: the latter unlawful, if the event of it be expected from any created power beside the casual act of the creature, as from the motion of Planets, or the operation of evil Spirits; not unlawful if it be expected from God or good Angels, so it be done in case of necessity, with due reverence, and out of Ecclesiastical Elections. b Lavat: in Prou. c. 16. diuis●riae, licitae, qusbus hereditares, possessiones, praedae, etc. dividuntur; divinatoriae illicitae, quibus occulta investigantur, quisue rerum aut personaris futuru● fit exitus. Lavater likewise, and * Schindler: ●n l●x. pentaglos: Schlinder make two sorts, but in different terms, divisorie and divinatory: divisorie, used (as before) for division of possessions, legacies, spoils, offices, exercises, employments, and the like, and these lawful and commendable: divinatory, used for the finding out of hidden and unknown truths, and the foretelling of future events, and these unlawful and damnable. The consultorie Lot they think to be included in the two former, though not the same simply with either. c Serar: in Iosh: ●om: 2 c 7. q. 17. Sorte vel cognitio quaeritur sola praeteritorum, praesentium, futurorum; & est divinatoria; vel actio eti●m quaecunque subconsilium & deliberationem cadere potest; & est consultoria: ad quem divisoria revocari potest. Serarius again maketh two sorts another way, consultory, and divinatory: For that, saith he, that by a Lot is sought out, is either the bare knowledge of things past, present or future; or beside the knowledge of something any action whatsoever that may come within compass of deliberation and counsel; that is done by a divinatory, this by a consultorie Lot: the divisorie Lot may be referred, he thinketh, to this latter. § 2. d Thom: sum part: 2●. 2 ●. q. 95. art 8. & d ᵉ sortib: cap. 2, 3, 4. Divisoria qua quaeritur, quid cui fit exhibendum; Consultoria, qua quaeritur, quid sit agendum; Divinatoria, qua quaeritur, quid fit futurum. Thomas Aquinas maketh three sorts, divisorie, consultory, and divinatory: divisorie, determining what each one shall have; consultory, enquiring what were best to be done; and divinatory, searching what shall hereafter ensue. In these, saith he, the event is expected, either from the stars, and that false and vain; or from chance alone, as in the divisorie, and that not wholly free from some vanity; or from some spiritual cause directing it, and that either the Devil, and that wicked, or God, and that of itself not evil; yet such as may become sinful, if Lots be used, upon no necessity, without due reverence, with abuse of divine oracles, or in Ecclesiastical offices: otherwise in case of necessity it being lawful with due reverence to implore by Lot a divine sentence. In his steps tread most of your e Ludovic: de Pruss: trilog: animae part. 3. cap. 21. Henr: Herp: spec: aur: de praecep.: 1. ser: 4. Astesan: sum: lib. 1. tit. 14. Syl●est: & Angel: sum. Io: Busae●● ad Bless: Ep: 30. & alij. Popish Writers; save that some of them, as f Caietan: summa peccat: de Sort. Caietan, and g Tolet: sum: cas: conse: l 4. c. 15. Tolet restrain these cautions to the consultory Let only; some of them with h Malder: de superstit: tract: 10. cap. 7. dub: 9 Malderus, and i Delrio disq. mag: l. 4. c. 3. q 7. § 4. consultoria aequè a● divinatoria hodi● damnatur. Delrio condemn utterly all both consultory and divinatory Lots, save in case of special either command or instinct, k Mauled: & Delr: ibid. c. 4. q. 1. allowing the divisorie wheresoever, being used without wrong or injury to any. And of ours, l Martyr in 1 Sam. c. 10. Peter Martyr, as he setteth down the same sorts, so he passeth in a manner the same censure upon them: that to expect the event of them from Chance or Fortune is frivolous, from evil spirits superstitious, from planets ridiculous, from God alone religious, and only lawful, so that used in case of necessity, reverently and religiously, without superstition, without fraud or collusion, and without abuse of divine oracles. m Paucer: de divinat: c. de sort. Peucer and n Kr●kevitz in jon. c. 1. Sortilegium triplex; divinum, divinitus rectum & directum; civil, seu politicum; divinatorium & superstitiosum. Krakevitz make three sorts also, but in another sort: Lots divine, guided and governed immediately by God; such as godly men used upon God's special command, not warranted now to us: Civil or politic used for the ending of strife and law-suites, or the parting of goods, gifts, and legacies, or the collation of some honours and offices; which may lawfully be used with mutual consent, and without coven and fraud: and Divinatorie or superstitious, whereby men presume upon idle grounds, neither warranted by God's word, nor founded on natural reason, to find out hidden truths, and guess at future events; a course Satanical, and in Scripture expressly forbidden. o Perkins of Witchcraft. Perkins again maketh three sorts with some new alteration: civil or politic, used for the dividing of bargains etc., to end strife; sporting, used commonly for the setting up of bankrupts; divining, used for the foretelling of future events: The first warrantable used in cases of weight and necessity, with invocation of God's name; the two latter notable abuses, having no warrant in God's word. § 3. p Eas●y history of Gospel. Easty only maketh four sorts; divine, appointed and commanded to be used by God; diabolical, for divination, condemned of all; political, for choice of Magistrates in cases of war, tolerated by many; ludicrous, for sport and pastime, questioned by most: and by himself disallowed. Lastly Serarius, besides his former division; and another of q Serár: in Iosh: ●om: 2. c. 7. q 17. Sors soria, lus●ria. serious and lusorious; as also those that divers others have, of r Permissa, prohibita. Greg: Tolos: de appell: l. 2. c. 19 permitted and prohibited, of s Licita, illicita. Gloss: ad Grat: cap. 26. q. 2. Chyer. in Iud: cap. 1. Zanch: miscall: part. 2. c. de sort. bona & laudabilis, mala & reprehensibilis. jun: in jon. c. 1. lawful and unlawful, of t Sacrae, profanae. Peucer: de divin. dluinae, diabolica. Bodin: damonol. l. 1. c. 6. religious and profane: heapeth up u Serar: in Iosh: ubi sup. many others to small purpose, drawn from the great variety and diversity of workers about them, instruments used in them, matters disposed by them, the manner how, the places where, the times wherein they were used, and the like. § 4. But leaving these and the like divers and disagreeing divisions to their several Authors crossing the one thus the other: we will assay (if it may be) to give somewhat a fuller, and more exact distribution; at least fitter and more commodious for the business here intended, than the most of them have done. Lots therefore may be all well referred to two heads, and sorted into two ranks, either of Ordinary, of which kind those are which they commonly term Divisorie; or of Extraordinary, such as the consultory and Divinatorie are: the Ordinary may be subdivided into Serious and Lusorious; and these again distinguished by sundry differences as occasion shall require. CHAP. IU. Of Ordinary Lots serious. § 1. TO begin then with the former sort: Ordinary Lots I call those whose full work may be effected by the ordinary or natural power of the creature using them and used in them: or wherein no extraordinary power or providence is required for the direction of the action to that end whereunto it is applied. Of this kind are all those Lots that are merely Divisorie, wherein the matter in question and controversy is ever such as may well be decided by the casual motion or event of the creature, being committed thereunto by those in whose power it is to dispose of it, without any special providence or extraordinary means required for the directing of the action in this or that manner: which kind of Lots may be termed also Civil or profane Lots, taking the word profane, as it is opposed to Sacred, in the better sense. Where cometh to be controlled their definition of a Lot, who define a a Art: probl: ●las: 1. loc. 57 Sors est modus consulendi De●●. rari●r quidem, licit●● tamen, in eu enentis, ubi nec rati●, nec consilium l●manū commodè adhiberi potest. Et Zanch. ●iscell: part: 2. tract: de fort: Actio hi●mana in h●●c fin●̄ instituta, ut ex eius eventu rem nobis incognita● divinitus agnoscore possimus. Lot to be a kind of consulting with God of rare use, yet lawful to be used in such accidents, where neither reason nor human advice can conveniently be had. For there is nothing less than any consulting with God in such Lots as we now speak of, there being no cause, nor reason, nor ground, nor occasion so to do: seeing there is neither any question concerning Gods will, what he would have done or not done, nor any thing to be done that in regard of the difficulty of doing it, requireth any special aid and assistance or divine presence or providence, more than any other ordinary act and affair of this life. For there is nothing expected or required in these Ordinary, Civil, Divisorie Lots, but what is in the natural power of the creature therein used, the will and consent of the creature making use of it concurring, as easily to effect, as for a man that hath his limbs to walk, or that hath his sight to see: that which may evidently appear upon a diligent view of the several examples hereafter ensuing. § 2. These Ordinary Lots again are of two sorts, either b Sors seria, lusoria. Serar: in Iosh: tom: 2. ● 7. q. 17. Serious or Lusorious. Serious I call such as are used in serious business, be it great or small, weighty or light, so as not matter of mere sport or delight alone, which is the Lot that some of the former Authors term the Divisorie Lot, in regard of the frequent use of it in division of lands, goods, chattels, bargains, exercises, offices, employments, and the like: And that of which Solomon speaketh where he saith, that c Prov. 18.18. The Lot stinteth strifes, and maketh partition among the mighty. Now of this kind of Lot there is great variety of Examples as well in Holy Writ as in profane Writers. And we may observe them to have been used either for distribution of matters of Office and Charge, or for division of possessions & lands, of goods and chattels, or the like. Matters of Office or Service and Charge distributed by Lot have been either Sacred or Civil. For the former: to pass by that bold fancy of d Origen: in Iosh: l. ●m: 23. Angelis sertitò gentes, hominesque divisi. Origen, which he gathered from e Deut. 32.8. a place of Moses mistranslated by the f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Se●t. Septuagints, and by himself misexpounded, that the Angels in heaven have their charges by Lot assigned them, who shall g Dan: 10.13, 21. rule this or that Province, who h Matth: 18.10. Act: 12.15. tend this or that person, who i Apoc: 1.20. Origen: in Luc: h●: 13. govern this or that Church, writhing and wresting divers places of Scripture for the proof of this his frivolous assertion: As also to put by that apparent error of k Ambr: in Luc: c. 1. Summ●● sacerdos adhuc sort quaeritur. Ambrose; wherein many yet not l B●da in Act: c. 1. Alex: de Alice sum: part: 2. q. 185. m 4. Thom: de sort: c. 2. & Caietan: in Luc. cap. 1. of former times only, but m Bulling: in Act: c. 1. Perkins aurea armil: c. 22. Schindl: len pentaglot: of later days also, and those of good note, follow him; who deceived by n Luk: 1.9. a place of the Gospel by him misunderstood, saith that the High Priest in the Old Testament was elected by Lot: whereas it is apparent by evident proof to the contrary, that the high priesthood among the jews went o Num: 20.25, 26, 27, 28. & 25 12, 13. Levit: 16.32. judge 20.28. legally and usually * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 joseph. in Appion. l. 2. by descent, though carried p 2 Macc: 4.8, 9, 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eus●b: Chron: can: Ignobiles quid●m & alio temp●re alij ab Imperatoribus Rom. sacerdotium emebant. Hieron: à praesidilus nundinabantur. I●s: Scalig: meliùs. Interierat summi i●s sacerdo●ij, aut avatritia interceptum, aut potiorum insolentia, qui licere quod vellent in's putabant. Heg●sip: excid: jerof. l. 2. c. 12. Vise joseph: antiq: l. 15. c. 3, 12. & ●, 18. c. 3. & l. 20. c. 8. & capt: l 4. c. 11. & Euseb. demonstr: l. 8. c. 2. sometime indeed corruptly by force, favour or purchase, but q Baron: annal: tom: 1. ann: 34. never that we read of, save r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 joseph: capt: l. 4. c. 12. once only a little before the last utter ruin of that both Church and State, by Lot And lastly, not to insist on that groundless conceit of the counterfeit s Prochor: hist: joan: c. 1. qui liber forte an idem cum S●r●bus Apostolorun à Gelasio r▪ jectus d. ●5. c. S● Romana. Prochorus, whom yet t Apostoli provincias orbis ad evangelium praedicandum sort partiti sunt. Niceph: Call: l. 3 c. 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Euseb: hist: l 3. c. 1. Hin● & Ambr: de Tob: c. 20. S●rt●m miserunt super ves●em eius, i. super praedicationem evangelii qua vestitur hody Dominus. Et Bern: ad Eugen: l 2. Alij sing●li singul●● sortiti sunt plebes etc. divers concur with, that the Apostles of Christ parted among themselves by Lot the whole world for to preach and plant the Gospel in: and again, u Prochor: hist: joan: c. 1. the Seventy two Disciples, which of them should accompany and attend on each Apostle, as the * 1 Chron: 25.8, 9 etc. Levites d●d on the Priests: that x Procho●: ibid. john's Lot light for Asia, and Prochorus his for john. To pass, I say, from these fond figments to the truth of story. Sacred Offices, for the readier manner of performance and more orderly execution of them were in the jewish Church divided by Lot. § 3. The divisions of Sacred Offices made among them by Lot were either General or Special. In General, the whole body of the Tribe of Levi was by Lot sorted out into ranks. For first, a 1 Chron. 24.5. ad 20. the Priests were all divided into twenty four companies according to their families, which took their courses by turns, every week after week in order; the order of their courses being determined by Lot, b Vt t●lleretur ma●eria querimoniarum. Bella●m: de cleric: l. 1. c. 5. to take away all murmuring, that none might complain, as being less regarded and cast behind others. And again, c 1 Chron. 25.8, etc. ad finem. the Levites that were no Priests were likewise divided into 24 companies, appointed to attend the former companies of Priests; who, which, and when, was decided likewise by Lot; all great and small submitting themselves alike to that sentence, that there might be no contention nor emulation amongst them. In particular for the Priests that were of each company, and were to serve at the same time, there were d Populares v●iu● ephemeriae partiebantur inter se ministeria. In libr● Liturgiarum, Dicit illis praefectus, I●gredimini; Et sor●iebantur quis i●molaret, quis sparger●t, quis cin●r● l●vares altar interim, etc. Et ibid. Neoterici ad suffi●● ingredimini & sortimini. Scalig: emend: temp: lib. 6. c. 1. Vise & Car: Sigon: de repub: Hebr: lib. 5. cap. 2. & Ia●nsen: harmony: Euang: c. 2. Lots cast by them likewise for the sharing of Offices among themselves (partly to avoid confusion and contention; for e 1 Cor: 14.33. God is a God of order and peace; and partly the better to settle the service; sithence f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot: polit: l. 2. c. 2. Qu●d ab omnibus curatur, à nemine curatur. where most Servants lest Service. no man commonly regardeth that that is every man's charge) who should tend the Altar of Incense, who the Table of holy bread, who the dressing of the Lamps, who the Altar of Burnt offerings, who should feed the Fire, who should carry out the Ashes etc. as by the books of the jewish Liturgies is reported plainly to appear. And thus is that place of the Evangelist Luke to be understood, where it is said of Zachary, that being of the Course of Abia, and serving in his Course, g Luc: 1.9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. ut supra, Ad suffi●um ingredimini & sorlimini. he went by Lot in to burn Incense: A place for want of this observation misunderstood by many of the Ancients, who (to let pass here the repetition of h de Pontifice sort● designato. Ambroses' error, which it seems he drew hence) i Chrysost: hom: de Natali Christi. Aug: in jean: tr: 49. Ambr: Bed: E●thym in Luc: c. 1. supposing Zacharie to have been High Priest (which k Vise joseph: antiq: l. 20. c. 8. Scalig: amend: temp: l. 6. c. 1. Baron: annal: in appar: Eastie histor: of Gospel. it is apparent he was not; for the High Priest was of no particular course, nor lived from Jerusalem, but had his employment constant, and his abode continual about the Temple:) and to have gone in then to burn incense for the l Levit: 16.12, 13, 14, 15, 29, & 23.27. solemn Fast of Atonement, m Hebr. 9.7. at which time only the High Priest entered not with incense alone, but with blood also, and that but once in the year, into the innermost Sanctuary, (whereas Zacharie by Lot was assigned to do what he did) n Vise Chrysost. de natal: Chr: did thereupon ground their groundless and uncertain conceit, (though in a matter of no great moment) which hath yet continued to these times, concerning the time of our Saviour Christ's conception and birth, o Vise pueriliter satis argumentantes ex joan: 3.30. Chrysost: de nat: joan: Ambros: serm: 12. Aug: in joan: tr. 14. & de divers: hom: 40. & de sanct: 21. & in Psal: 132. referring thereupon the one to the Spring toward the end of our March, and the other to Midwinter about the latter end of December, * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Epiphan: haer. 51. quod tamen negat Hieron. ad Ezech: c. 1. or the beginning of januarie: whereas p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. vel ut alij. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Clemens Ale●: storm 1. quos sequitur Lydiat: in emend: iemp: the most ancient referred his birth-time to our Spring their Harvest, about April or May; and q Scalig: ex orbibus Hieraticis de emend: tempr: lib. 6. Broughton consent: of Script: & Bero●ld: Chron: l. 4. c. 2. ex hebdomada dimidia Dan: 9.27. other later ones of great note, upon grounds as uncertain, would reduce it to September or 2 jacob: cappel: in epoch: illustr: ad Octobr: 26. reijcit. October in Autumn. But to return to our Task: As the Priests shared the services among themselves by Lot: so the Levites likewise, as well those that were r 1 Chron: 25.8, etc. ad finem. Singers, as those that were s 1 Chron: 26.13, etc. ad 20. Porters, decided by Lot, what order of course should be observed in their musical and ministerial employment by the one, and which gates of the Temple should be waited at and attended by the other. Among whom also those that were to wait in the same place, being many in number, t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philo de honour. sacerd. are reported likewise to have taken their turns by Lot, as well for the u Psal: 134.1. nightly watch, as for the daily ward. The * 1 Chron: 6.31. & 23.4, 5, 6. & 25.1, etc. add 7. 2 Chron. 8.14. & 29.5. Offices themselves were, it seemeth, distributed, who should be Singers, who Porters, etc. by David, Nathan, and Gad, with other principal persons assisting them, having warrant so to do from God: x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. De Mose Philo de constit. princ. only the order and course of their employment in those offices was divided unto them, or decided and determined among themselves upon joint consent and general agreement, by Lot. And hence ariseth the phrase used by Simon Peter to Simon Magus, y Act. 8.21. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Thou hast neither share, not Lot in this business, Which speech yet no more proveth what that bastard Prochorus broached, that the Apostles shared among themselves by Lot: no more than Gods commanding Elias z 1 King. 19.16. to anoint Elizeus Prophet in his own place, (which was done, as the story showeth, not by pouring oil on his head, but a 1. King. 19.19. Vide Piscat notas ad cum lo●um. by casting a mantle on his back) proveth that Prophets were either ordinarily, or at all anointed in the time of the Old Testament; (an opinion without sufficient ground generally received;) or that anointing of Kings was ever usual in Persia, because b Esai 45.1. Cyrus is termed the Lords anointed; or that material oil was powered upon our Saviour to that purpose, because he is called c Psal. 2.1. joan. 1.41. & 20.31. Christ and Messias, and is said to have d Esai 61.1. Psal. 45.7. Act. 4.27. & 10.38. been anointed by God. But, as to anoint is there put for solemnly to set apart and appoint, where yet there is no material anointing at all, because into e Exod. 40.13.15. Leu. 8.12 30. 1. Sam. 10.1. & 16.13. some sacred Offices men were sometime by that Ceremony installed: so is a Lot here used for right or interest to deal in that holy business, which yet was not, save in f Act. 1.26. Mathias his case, disposed of by Lot, because sacred Offices or employments had sometime been thereby distributed. Thus g Persecutionis tempore; qui mamant, ne fuga fiat omniti; qui fugiant, no morte eorum deseratur Ecclesia; sort legendi sunt. Aug. Epist. 180. Augustine would have it determined by Lot among the Pastors of God's people, where divers are in one City, in time of public persecution: who of them should stay by it, and who should retire and reserve themselves for better times; that so neither those that stayed might be taxed of presumption, nor those that retired themselves be condemned of cowardice. As also h Baro in jon. c. 1. it is reported by some to be the practice to this day in the Church of Geneva, that by Lots cast among their Ministers, some of them are assigned to visit the infected at the pest-house in times of general infection by epidemical diseases. § 4. Now as in assignment of sacred Offices, so in distribution of civil Services & matter of charge, have Lots among God's people been ordinarily used. Two Examples especially are found of it in Scripture. The former in a Military matter: where in the Levites i judg. 20 9.10. quarrel, that had his Concubine ravished, so that she died upon it at Gibea in Benjamin: the other Tribes of Israel resolve to go up against the Beniamites their brethren by Lot: which yet is not so to be conceived, as if by Lot it should be determined which Tribe of the eleven should first go up against them: (for they are said to have k judg. 20.18. asked of the Lord at Shilo, and of the Priest that stood before him there, which Tribe should give the ●us●t.) but their meaning is, as l Pet. Martyr: & Fr. junius. two worthy Interpreters rightly observe, by Lot to design who of each Tribe should be warriors, and who should be purveyors, who should go forth to fight, and who should be employed to bring in provisions 〈◊〉 those that abode abroad in the field. m judg. 17.6 & 18.1 & 19.1. & 21.25. The State there was then popular, as n Martyr in Igud. c. 20. one of them well noteth: and therefore it seemed best to decide that by Lot, which without much tumult in an Anarchy could not easily have been determined otherwise. The latter Example is in a City business; where the same people returned from the Babylonian deportation, o Nehem. 10 34. cast among themselves Lots by Ezra's direction, thereby to design, who should undergo the burden for the bearing of the charge & expense, or employing their pains in fetching and bringing in of wood, to be spent daily in God's service on the Altar of burnt offerings; the times being then dangerous, and the work of some difficulty in regard of their enemies that lay in wait for them on every side. § 5. Neither was this use of Lots less frequent among other nations then among Gods own people; p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot. polit l. 6. c. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. l. 4. c 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de Democratia Otanes apud Herodot. l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plut: add Apo●lon most common in Democraties or popular Estates, because they seemed justly to carry the greatest equality and indifferency with them, as q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pl●t. sympos. l. 2. c. 10 they do questionless (though such r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Is●rat. Areopag. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plut. de Socrat. damon. indifferency indeed be not always allowable, nor such equality, stand ever with equity) but s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dion Chrys●st. orat. 64. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Aristot. polit. l. 4. c. 16. no strangers in any kind of state or form of government whatsoever: yea much used in the most flourishing and best ordered Estates, nor rejected, but admitted and approved by such state-masters or state-wrights (if I may so term them) that so plotted and moulded states, as if they wrought them out of wax, as they deemed would be for the best, and like longest to continue. Thus a Plato de leg. l. 6. Plato in his imaginary model of such an Estate as he supposed would be most exact and absolute in all points, would have the most part of his Magistrates (some few excepted, as the b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Chief justice, and c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. the General for war with other military places) d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be designed yearly by lot, for the preventing of, and meeting with the peevishness and waywardness of the multitude. To which purpose he willeth that e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 360 be chosen yearly by most voices of the whole Communality out of the four ranks of his Citizens, (4 pound, 3 pound, 2 pound, and one pound men, as they reckoned, or f Vise Breerwood de pond. & pret: num. much about 12, 9, 6, and 3 pound men, according to our account) 90 out of each rank, for Senators and Aldermen; and the one half of them by Lot assigned to govern the City for that year: as also 60 g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sherives, five out of every twelfth part of the City, to govern the Territory thereunto appertaining, divided likewise into 12 parts; it being h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. by Lot determined yearly, which part of the City should send Rulers into this or that part of the Country. Besides these, he requireth i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. of six elected by most voices out of the first Rank, three by Lot to be set apart for k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. surveyors of houses, edifices, highways and watercourses in and about the City: and often so elected out of the first and second Ranks, five to be l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Clarks of the market: Again, one of 12 chosen out of the whole company of Competitors for m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Master of the Revels; and three of 12 that have most voices, for n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Triers and Disposers of prizes in solemn games, o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Courts to be settled in each ward of the City; and for private causes judges, as occasion should be, appointed by Lot for the prevention of corruption; as for public by special choice. p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The election of Priests and such as have charge of holy things to be left to God himself, for him by Lot to dispose, as he pleased. § 6. But to leave his frame to those that list to make trial of it; in this particular many famous Estates have much concurred with him. For first among the greeks, and more specially at Athens; to let Sparta pass, where I find little done in this kind by Lot, save that q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutar: in Lycurg. the Competitors for any Office were in order by Lot admitted sometime to pass the Suffrages of the Assembly, in whose power it was to choose or refuse: At Athens, I say, were many of their offices and employments, as well Civil as Sacred disposed of r Hinc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristoph: Eccles. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Scholar Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aeschin: in C●esiph. by lot. s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aeschin. ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Liban. argum. Demos●h in Androt. The Offices there were either wholly elective, as the Areopagites, or judges that sat at t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Act. 17.22. Mar●ius collis; ut Bezarectè: malè enim Erasm. & Gualt. in Poll. vicus: & Genen. nostrates, Mars his street. Mars his hill upon ma●ters of greatest consequence, as wilful murder and the like, u Adijciebantur quotanuis, utalij, Archontes 9 ut alij, Thesmotheta 6, si inculpatè se gessissent. Argum. A●irot. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de 9 i●●is Plut. Peride, qui & Perielem notatum ait, quod in Concilium Areopagiticum se ingereret, null●m ●x●ijs magistratum ansè sor●itus. chosen out of those that had unblamably before born office elsewhere, who continued in that authority so long as they lived: or in part casual, yearly designed by Lot, as their sacred Senators or Legates that they sent year by year to the common Council at Delphos; and their ordinary Senators, or their Council of five hundred, taken out of their Commoners for the government and judicature of other ordinary affairs. These were chosen, x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Harpocr. Lex. Hinc Demos●h. in Aristog. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & Aristoph. nubib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as it seemeth, y Vise Sigon. de repu●●. Athen. l. 2 c. 3 by putting together the names of all those of each ward that were capable of that dignity noted upon z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Harp. Lex ●het. ex D●moslh. de●nom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hesych qui & eò allusisse ait S●phoclem in Meleagro, ac si apud Ae●●l setiam vs●tatumid fuiss●t. Quod Erasm●m decepit Aetolis istud tribuentem. adag 37. rent. 6. chil. 4. little tables or tokens of Brass into one vessel, and as many Beans black and white, all but 50 black, into another, and so each man's token being drawn out of the one, and a bean withal out of the other, either he passed to further trial, and held if he were approved, or he was for that year rejected, as his bean proved white or black. And thus a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Argum. Androt. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Harpocr. fifty a piece being extracted out of each of the ten Wards (for Tribes they cannot well be termed, b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ex. Aristot. Harp. a Tribe being, as the word importeth, but a third part of one of them) the whole number was made up of the Council of 500 Now out of those, that were thus dignified by benefit of the bean, were c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arg. Andr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Ibid. Et Poli. l. 8. c. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plut. Peric. nine again by the like course advanced to further place of authority termed Rulers or Regent's; of which number were there 6 Masters of the ordinances, d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demos●h. the King or Master of their Ceremonies, the Mayor for the year, e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heradot. l. 6. and the martial. After the 500 thus designed, and the nine Regent's called out of them, f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot & Aesrbine Harpocr. & Li●●●. argum. Andr●t. paulò aliter Polluxonem l. 8. c. 9 § 32. Hinc Thucud. l. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lots were again cast, or drawn rather for each of the ten Wards, which should rule first (for the principality of each of them was to last little more than a month, to wit, the tenth part of their year) which next, and so on to the years end. This decided by Lot, all the Princes (for so now they were styled all of that Ward that had the white bean) of the principality that then took place, drew by Lot again g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib●●. ●●g. Aud● & V●●i in Median à q●●bus 〈…〉 ten Precedents that might rule for the seven first days, and then ten more for the seven next, and so on till the 35. days were expired, the full time of their whole principality. Out of which ten again there was by Lot likewise drawn out h 〈…〉 a Commander or a Provest, whose government in that kind lasted but one day of the saven, neither might any one of the ten have it more than once or above one day at once, because the keys of the Castle at Athens were in his keeping: and so seven of them having it in course as the white bean favoured them, three of them of necessity were debarned of it. i Ex Scholar Aristoph. in Plut. When causes were to be heard and tried, the Masters of the Ordinances accompanied with a Register, called those that had power of judicature together into one place; and, whereas there were ten Courts, that held plea of several kind of suits, marked with several letters, set in k Ita Scholar ex Aristot. ubi tam●n alia Scholia colorem omnibus eundem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appingu●t. several colours (as it seemeth) over the several Court gates; k Hinc Dem●st. in Aristog. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Et huc allusit Aristoph. in Eccles. ubi ait; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Quae ●um apud Suidam parum consideratè legisset, ad sortes convivales retulit Lelius Bisc. hor. subsec. l. 9 c. 13. Sic. Lucian. dicaster. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Et Aristoph. Pluto de seen capulari; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vise sit Sig●n. de repub. Ath●●● 2. c. 3. & Rhodig. antiq. lect. l 12 c. 18. by Lot they assigned m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lucian dicaster. a competent number of persons according to the quality of the suits to be heard, for each Court, as they drew beans or acorns, (for n Vise Aristot. infra apud Aristoph. Scholar those also are reported to have been used in this business) with the letters upon them that belonged to those Courts: each of which persons so allotted o Aristo●. ibid. having received first a Rod from the Crier with the name of the Court written on it, or of the same colour that the letter was over the Court gate, he went with that and his bean or acorn unto p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. in Athen. polit. apud Scholar Aristoph. Pluto. that Court that had the letter on the one of the same colour with the other, and was there admitted for a judge. Besides these ordinary judges were there certain q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Harp●c●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demost. in Aphob. Arbitrators also or umpires (other from such as were chosen by mutual consent of both sides) by Lot assigned for the hearing and ending of lighter matters, r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pollux l. 8. c. 10. divided likewise among them by Lot; which they did, assisted by certain s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pollux. l. 8. c. 8. §. 6. Clerks of the pleas designed also by Lot: t Harpocr. & Poll. l. 8. c. 10. from whose sentence such as liked it not, might appeal to the judges. Now in this designation as well of their Senators, as of their nine Regent's, it was constantly observed that u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ex Platon. Hyperbolo Harp. Lex. some were ever by a second Lottery added after a just number drawn, that if any of them drawn formerly, either were rejected upon trial, or deceased within the time of his Regiment, the other might immediately supply his place. And x Hinc Aescbines decorona Demosth. obijcit, quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Senatum ingressu sit. there was a great penalty for any one that should intrude himself into Court or Council, not being by Lot assigned so to do. I find further among the Offices carried at Athens by Lot; y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pollux l. 8. c. 8. § 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Harpocr. Ten Treasurers taken out of those of the best rank: z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. Etym. & Harpocr. Ten Controllers or Auditors, to whom most of the other Officers within certain days after their time expired were to give account of their government, free liberty granted any man that would stand forth to accuse them of, or charge them with aught, carried otherwise by them then ought to have been, while they were in Office: a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ex Aristot. Harp. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demost. in Timocr. Virosq hos 15. fuisse contendit Meurs. lect. Attic. l. 1. c. 19 Ten surveyors or Scavenger's: b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Etymol. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ex Aristot. Harp. Ten Wardens of the Ports: c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ex Arist. Harp. Ten Clerks of the Market: as also the Office of d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Etymol. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dictos. ex Phalareo Poll. l. 8. c. 8. §. 20. the Eleven; e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Poll. ibid. whereof Ten were as Sherives or Bailives, and had charge of the common jail, and of Executions and Arrests, each within his own Ward; the Eleventh was a Scribe or Register adjoined unto them, for the making of Writs and entering of Actions: as f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Pollux l. 8. c. 8 §. 11. the Officers also of each Principality before mentioned had one the like chosen likewise by Lot to attend them for the keeping of their Writs and Decrees, and for the entering of their Orders. Now these Officers thus elected by Lot, had some of them as well Sacred as Civil employment. For not only g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato apud Bud. in comment. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pollux l 8. c. 8. §. 3. Eodem ferè loco erat quo Rex Sacrificulus Romanis. postel. de Ma●. Ath. c. 21. the King or the Master of the Mysteries and holy Rites, dealt most in such matters; but h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pol. ibid. §. 2. the Mayor for the year, and i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. §. 4. the martial too, had their several employments in that kind for several their superstitious services. And besides them had they by Lot designed k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Etymolog. Sacrists, ten in number, for the procuring of prodigies, and the performance of certain Superstitions used every fifth year; as also Priests for their several Gods, as l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Lysian in Euandr. jove, m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demost. in Eub●l. Vulcan, etc. wherein n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dionys. Halic. antiq. l. 2. many others also concurred with them both in * In Telluris aede Sacerdos creature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pansan, Achaic, Achaea junoni apud Aegium oppidum virgo sortitur. Tertul. ad uxor. l. x. Delphi● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 designabantur, ut Eurip. jone. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vise Bulong. in Casaub. diatr. 3. other parts of Greece, and o La●coo● ductus Neptuno sort sacerdos. Virg. Ac●. 2. ut solet fieri, v●i deest certu● sacerdos: erat enim L. Thymbraei Apollinis sac. Seru. elsewhere; as p Syracusis in an●os singul●● jonis sacerdotem sortitò capile● jubet. Cic. Verrim 4. at Syracuse in Sicily, where, of three chosen by voices out of three Families, was one Priest for jove yearly designed by Lot. §. 7. To pass over from Greece to Italy, from Athens the q Ocellus Gracia. Casa●b, ad Theophr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pindaro. Vise Athenaeum l. 5. & 6. dipnosop. & Cic. pro ●lace. Sic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Da●aseum. Iulian●●: & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philo de 〈◊〉 fabr. dixit. Hadr. junius adag. 64. cent. 3. Eye of the one, to Rome the r Caput Italiae fore ab Auguribus praedictum de capite humano in Capitolij fundamentis reperte. Vise Li●. l. 1. & Dionys. Hal. l. 4. digna tam fe●●a ceruice facies. Pli●. ●ist. nat. l. 3. c. 5. Head of the other, yea s Caput terrarum, Plin. ibid. ●●perij, Lin. ibid. Orbis, ovid. amor. l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Athen, dipnof. l. 1. Mund●● alt●r, Sern. ad Virg. of a great part sometime of the whole known world: At Rome, albeit it be reported of Romulus, that t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dionys. Hal. l. 2. he would by no means have Priests appointed by Lot, but by Election: yet u Papia lege caution ut Pontificis Maximi arbitratu virgines è populo viginti legantur, sortitioque in con●ione ex eo numero fiat. ●e●●ius noct. Attic. l. 1. c. 12. Hinc Suet. Aug. c. 31. ambijsse mult●s ne s●lia●in sortem darent. by Lot were the Vestal Virgins there in succeeding ages designed, as the place became void by decease or default, one taken of twenty picked out formerly by the chief Priest. And for Civil Offices among the Romans (who are herein x Postel. de mag. Athen. c. 21. & Delrio disq. mag. tom. 2. l. 4. c. 4. q. 1 said to have imitated the Athenians, but in truth took not their course) not so much the Offices themselves ordinarily, y Vise Dionys. Hal. antiq. l. 4. & alio●. which went most by election and voices, as the employments in the Offices were divided by Lot. For first after the making away of Romulus, z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Dionys. Hal. l. 2 the two hundred of the Gentry, divided into ten, cast Lots for the ruling of the State in course among themselves, each ten their fifty days, and each of the ten his five; and so the next ten after, till they had all taken their turns. But that course they soon grew weary of, and at Numa's election it expired. Again after the ejection of the Tarquin's and the surcease of regal state, the two Consuls or Majors by Brutus his means then settled, where some extraordinary business fell out, that was to be done by them, and could not conveniently be done but by one, (as a Val. Horatiusque Coss. sortiti uter jonis adem in Capitolio dic●ret ● Horatio sort evenit. Liu. hist. l. 2. the Dedication of a Temple, h De Dictatore nominando si inter Coss. non conuc●●ret, sortiri solitu● qui'▪ diceret. Alex. ab Alexand. gen. dier. l. 4. c. 24. the Nomination of a Dictator or Sovereign General, * Vt Comitijs praeesset, D●illi● sort evenit. Liu, l. 3. Decretum ut Coss. sortirentur, uter c●nsoribus crea●dis Comitia haberet. Ib. 24. the keeping of Courts for Creation of some new Officers, or the like,) used by Lot to decide whether should have the honour of it. But most ordinary and usual was this their manner of decision, when either c Coss. provincial sortiti; Fabio ut Antio legiones duceret, Corn, ut Romae praesidium esset. Liu l. 3. one being to stay at home, and the other to go abroad, or d Hinc toties apud Livium ab ann. 11 c. 267. & deinceps; Coss. provincias sortiti: huic bellum istud, illi illud provincia evenit, etc. Et Cic. ad Attic. Ep. 14. Senatus decrevit ut Coss. 2. Gallias sortirentur. both being to go abroad for the waging of war in several places, or the governing of several Provinces, it was by this means decided whether should go, whether stay, whether have this or that charge: As also when they were both together in the same service with equal authority, e Consul cui sors eius diei imperij erat, Liu l. 22. Ductu Sergij cuius di●s imperij erat. Ibid. l. 4. they did sometime in the execution thereof by Lot daily take their turns: and f Prior Cl. quum Sempronius cui sors comitia habendi obtigerat, Roman venit. Liu. l. 39 and by it likewise decided whether should stay by it, and whether return for a time, when some state business required the presence of one of them at home. The Praetors likewise or Precedents, g Cum Coss. bellis avocareatur, neque esset quì in civitate ius reddere poss●t, Praetor creatus est Vrb●nus, qui in urbe ius diceret. Pompon de orig. ●uris leg. 2. Visatur Liu. l. 7. one at first only ordained for Civil jurisdiction at home, because the Consuls were by occasion of war oft called abroad; then h Turba peregrinorum, in urbem veniente, creatus est ●lius qui peregrinus appellaretur. Pompon. ibid. two, as suits grew by access of foreigners to the City; and i Tot Praetores creati, quot provinciae in d●ti●n●m ●●n●rant. Ibid. Vise Liu l. 22. anno 11. c. 338. & l. 32. anno 557. & l. 38. an. 567. & l. 40. anno 575. after a greater number as the Provinces increased; k Hinc toties apud Liu. ab anno 538. Praetores provincias sortiti: Vrbana sors A. peregrina B. Sardinia C. Sicilia D. Gallia●. etc. obuenit. first parted by Lot between two of them the City jurisdiction, the one to be for the Causes between Citizen and Citizen, the other for those between Citizens and foreigners; and after they and the rest, as also the l Catera● Provincias Proconsulibus sortitò permisit. Sueton. Aug. c. 47. Vise Dion. Cass l. 53. Vice-consuls and m Quos eorum ex SC● cum imperio in provincias pro Praetore mitti oporteret, eos sorti ò in provincias mitti placeret. Cael. Cic. li. 8. Ep. 8. In sortem conij●erentur, quoad is num●rus effectus esset, quem ad numerum in Prou. mitti oportere●. Ibid. vice-pretors with them (such as by special commission continued in authority after their year expired, or by special favour under the Emperors had such authority conferred upon them) cast Lots together in common, as well for the two several jurisdictions at home, as for the sundry Provinces abroad. To these in future times, as the State spread, were Questors or Treasurers adjoined, n Questorem habes non tuo judicio delectum, sed ●um quem sors dedit. Cic. ad Q. fr. ep. 1. Quaestor factus continuò sine SC ᵒ, sine sort, sine lege ad Caesarem cucurristi. Cic. Philip. 2. Quaestura utriusque propemodum pari momento sortis fuit: habuit his lege Titia provinciam tacitam & quietan; tu illam, cui cum Quaestores sortiuntur, etiam acclamari solet, Hostiensem. Idem pro Muren. Sic à maioribus nostris accepimus Praetorem Quaestori suo parentis loco esse oportere: nullam neque graviorem neque iustisrem causam necessitudinis possereperiri, quam coni●●ctionem sortis, quam officij, quam publicam muneris societatem. Idem Verrim 1. Vise & de his Dion. Cass. l. 53. who had likewise their charge assigned them by Lot. And * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dio. Cass. l. 54. of such as had been Treasurers, were Tribunes by Lot sometime designed, when none offered themselves to stand for the office. The o Nunquam maiores nostri sortitionem Aedilitiam constitnissent, nisi viderent accidere poss●, ut competitores pares suffragijs essent. Cic. pro Plan●. Aediles also or surveyors were by Lot designed whether should hold, where divers Competitors had an equal number of voices, and it was uncertain therefore which of them were chosen. And in their solemn Assemblies for election of Officers, it was p Ecce Comiti●rum dies: sortitio prerogative. Cic. Phil. 2. Tribus prim● praerogativae dicebantur; sec●ndae iure vocata. Aescon. in Verr. 2. An ●ua ce●turia praerogativa lantum autoritatis habit, ut ●e●o unquam prior ea● tulerit quin renuncia●●● sit? Cic. pro Planc. Vise Io. Scalig. ad Fest. by Lot decided which Companies or Hundreds should be first demanded their Suffrages, and so q Tanta illis comitijs religio est, ut adhuc omen valuerit praerogatinum. Cic pro Muren. V●de rectè Lamb. emendat illud Cic de divin. l. 1. Praerogativam etiam maiores omen (non, omnes) justorum comitiorum esse volu●runt. Vise Liu l. 10. anno 458. give a leading voice, as it were, to the rest. For warlike employment, both r Liu. l. 21. anno 537. & l. 23. anno 539. E● Appian. bell. ciu. l. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Consuls and s Liu. l. 30. anno 551. Praetors had their Legions and Armies now and then by this course also allotted them: and t Decen tribus sort ductae ex quibus delectus haberetur. Liu. l. 4. an. 337. such Tribes sometime were assigned as should afford soldiers for service: As also such persons of each Tribe as should serve: In which kind not unworthy the remembering is M. Curius his act, * Coniectis in sorten omnibus tribubus Polliae, quae proxi●a ●aierat, prim●m nomen urna extractum citari jussit. Val. Max. l. 6. c. 3. who when a sudden muster was to be made in the time of his consulship, and none of the younger sort made appearance, he cast Lots upon all the Tribes, and of that Tribe that came next to hand having cited him that was first drawn, because he appeared not, both 1 Bona hastae subiecit Val. confiscated his goods, and 2 Tenebrionem vendidit. Varro apud Non. & ipsum & bena vendidit. Val. sold him for a slave. For Civil jurisdiction, at first more sparingly, but in latter times ordinarily, were u Cum Praetores designati sortirentur, M. Metello obtigit, ut is de pecu●ijs" repetundis quaer●ret. Cic. Verr. 1. Cassijs de maiestate, Sulpit ij sorsquaestio p culatus. Cic. pro Muren. Vise Sig●n. de iudic. l. 2. c. 4. the several pleas parted among them by Lot, some to have and try Causes of Treason, some of Murder, some of Extortion, and the like. And x Quum multi judices à Praetore ad Consilium vocandi essent, qui Quaesitor fuisset in publica aliqua causa, necesse erat primum de Curia Senatoriae conscribi, deindein ur nam sortitò mitti, ut de pluribus necessarius numerus confici posset. Aescon. in Verr. 3. Vise Cic. Verr. 4 & pro Cluent. & add Q. Fr. Ep. 5. Huc allusit Virg. Aen. 6. Nec verò hae sine sort datae, sine judice sedes: Quaesitor Min●s urnam movet; ille sileutum Conciliumque vocat; vitasque & crimin●discit Vise & Cod. Theod. l. 2. tit. 1. sect. 11.12. these, when any of them were to sit, by Lot used to extract out of the whole company of those that had power of judicature in such cases, such a number as the Law required to assist them in judgement. That which ancient writers call y Ex lege Rupilia dicas sortiri. Cic. Ver. 4. the Sorting of Suits, not, as some have thought, z Non audiebantur causae nisi per sortem ordinatae: ex sort n. diert● ordi●em accipiebant, etc. Seru ad Aes. 6. quem sequuntur Hadr. jun. animad v. l. 2. c. 5. Robortel. annot. l. 1. c. 24. H. Steph. & Bud. in ●●●ment. ling. Gr. the ordering of Causes, but 1 judices sortiti. Cic. Ver. 3. & 4. Hinc Suet. Aug. c. 29. Cautum est, ut in Marti● ad● sortitiones judicum fierent. & Cas. c. 12. Sorte index in re● ductus. Et Cic. Ver. 4. Paratus ad han● dicam sortiendam venerat. Et ibid. ●●ducit ex urna tres: eyes ut absentem condemnent imperat. Et judicia sortiri. Sen. Herc. Fur. 3.2. i. judices. quod parum assecutus est Farnab, ●●ster. Vise Na●u●um miscel. l. 9 c. 7. Sigon. de judic. l. 2. c. 12. Et Praevot. de Mag. Rom. c. 7. the assigning of judges by Lot (to prevent corruption and packing) for the hearing of each Cause. In which case 2 Accusatorireoque permissum, ut ex illo numero reijcerent, quos inimic●s sibi aut incommodos putarent. Ascon. in Verr. it was lawful as well for Defendant as plaintiff, upon just ground to challenge any of the judges allotted him; and 3 In reiectorum locum praetor alios subsortiebatur: undè Subsortitio dictae Ascon. ib. Come his judicibus, quos in horum loc●● ex lege subsortitu● es. Cic. pro Cluent. some other than was by Lot likewise to be drawn in his room. As also sometime 4 Visatur Plin. Sec. epist. 3. lib. 9 by Lot there was Counsel assigned the parties contending at the appointment of the Court. Beside these by Lot Augustus is reported a Instituit sibi consilia sortiri s●mestria, cum quibus de negotijs ad frequentem Senatum referendi● ante tractaret. Suet. Aug. c. 35. to have set a part a certain number of Senators to consult with at set times about matters to be moved in open Court afterward, or rather b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dion. Cass. lib. 53. to dispatch businesses by without the Court, yet so as by them the whole Court might seem to have some hand in them: by Lot likewise c Septembri Octobrive mense ne adesse ullos necesse esset, quam sort ductos. Suet. Aug. cap. 35. he assigned others to attend the Court, and make up a just number on Court-days during the vintage-time, giving the rest liberty of absence: by Lot d Vibis regiones annui Magistratus sortito in●●entur. Ibib. c. 30. Et Dion. Cass. l. 55. having parted the City into certain Regions or Wards, he appointed the yearly Officers to share those Wards, and to undertake the charge of them; e Casaub. ibid. quem vice. which continued so for a long time after: by Lot f Ambitu suspecto, sort ducebantur ex numero praetorum qui praessent. Tacit. annal. lib. 13. he enjoined two of those that had formerly been Praetors to be chosen yearly for the custody of the common Treasury; g Neque id diu m●n●it, quia sor● decr●abat ad p●●rum ido●●os. Ibid. which through the evil success of it lasted not long: by Lot h Dion. Cass. hist. l. 54. he assayed to reform the whole body of the Senate, choosing first himself a certain number, and after an oath administered to them, giving them power to name five a piece that they thought fittest for government, so that none of their own kindred, of each which five he drew one: but that device of his likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ibid. took no great good effect, in regard whereof he soon gave it over again. In Tiberius his reign were k Sorte ducti qui legis nexus exoluerent. Tacit. Annal. l. 3. by Lot certain assigned to clear the Laws in some cases then questionable. And in Vespasians time either l Sorte ducti per quos redderentur bello rapta, etc. de Muciano Tac. hist. l. 4. Mucianus, or m De Vespasiano idem Suet. Vesp. c. 10. Vise Ravard. pro Tribunat. c. 17. Vespasian himself, or n De utroque Marcil. ad Suet. both of them, as some suppose, severally and at several times, by Lot assigned some to see restitution made of wrongs done during the civil wars that then lately had been; and to help extraordinarily to rid the Courts of the multitude of suits, that intermission of justice had now cloyed them withal. Lastly we find o Sortem legationibus maiores posuerunt. Marce●lus apud Tacitum hist. l. 4. Legates or Lieutenants (for p Senatus decrevit ut legati cum autoritate mitterentur. Cum mea sore ex isset, etc. Cic. ad Attic. Epist. 17. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dion. Cass. l. 59 some of them had special power withal) though but q Plura exempla frustrà quaesivit Lipsius ipse. Addo tamen ex Cic. pro Ligario de Tuberone in African legato; Tuberoni● s●r● coniecta est ex SC ●. cum ipse non adesset. Et mox, Quò Senatus cum sorsque miserat. Frustrà enim Fr. Silvius ad auspicia detorquet. rarely, designed by Lot: In which case when r Priscus eligi, Marcellus urnam postulabat. Tacit. hist. l. 4. the use of lottery was in that kind sometime questioned, though by some it were opposed, yet s Vicit pars, quae sortiri malebat. Ibid. the greater part went with it, and would needs have it still retained, as a sovereign t So●● cerneret, ne quid gratia momenti faceret. Liu. hist l. 43. preservative against ambition and corruption, and a singular remedy for the preventing both of u Ne ambiti●●i aut inimicitijs locus foret. Tacit. hist. l. 4. enmity and x Quidam, ne aliis electis posthabiti crederentur; splendid issimu● quisque, met●● invidiae, si ipsi eligerentur, Ibid. envy: In which regard they esteemed it as a kind of divine y Accusavi eum, quîcum Quaestor fueram, quîcum me sors consuetud●que maiorum, quîcum me Deorum homi● numque iudiciu●● coniunxerat. Cic. Verr. 1. Sortis necessitudinem religionemque violatam. Ibid. ut nec fidem suam, nec morem maiorum, nec necess●tudinem sortis laederet: Etenim si has perturbare & permiscere volumus, totam vitam periculosam, invidiosam, infestamque reddemus, si nullam religinem sors habebit, nullam autoritatem mores atque inst●uta maiorum. Ibid. 3. judicibus nulla lege, nullo instituto, nulla religione, nulla sort ex libidine istius datis. Ibid 2. Ordinance, where it was carried without fraud and covin, as it ought. ought 8. Neither is this practice of Civil lottery in matter of Office and Employment unusual z Multis in loci● Officiarios sic perballotas sive brevia eligunt. Pano●m. ad 5. de Sortileg. in Italy even at this day; and that in some of those Estates that for wisdom and policy are of special note and general renown. Among other the State of Venice which many make the very Mirhor of policy, and some suppose to be a Venetorum r●mpub esse vindicias caelestis reipublica. Platonis Darts in Bar. annal. a model of Plato's old platform, is very frequent in this kind. For b ●ontaren. de Venet. repub l. 1. & Postel de Magistr. Athen. c. 2. whereas among them the whole body of their Gentry are of course admitted into their General Council at 25. years of age, and not ordinarily earlier; yet at 20. they may make suit for it, and if the Lot favour them, then obtain it. To this purpose they meet once a year c Decembris 4. Contar. 14. Postel. the fourth of December: at which time those that seek it, having formerly made proof of their Gentry, have their names cast all into one pot, and brought in to the Duke, before whom standeth another pot with as many balls in it, whereof a fifth part is gilded, and the rest all silver only. He draweth each man's name out of the one, and withal a ball out of the other, which if it prove a golden one, he is thereupon admitted, if a silver one only, he stayeth at least a year longer. Again in the choice of their Officers, not so much the main Offices, as the Electorships are in part disposed by Lot, somewhat after the manner that * Supra §. 7. ex Dion. l. 54. Augustus sometime used, as not long before we showed. For first in the designation of their Duke their principal Magistrate there is lottery upon lottery, lotting and voicing in a prolix and intricate manner interchangeably mixed the one with the other. d Contaren. de repub. Venet. l. 2. When the place is void either by deposition, or (as most usually) by decease, all their Gentry of 30. years of age or upward (for none under are then admitted) are assembled together, and come in order of place as they sit (Lots first cast which side of them shall come first) to the Lot-pot, having as many balls in it as there be of them in all, whereof 30. only are gilt: there a child draweth for each of them, till for 30. of them those 30. gilt ones be drawn. For which 30. the child draweth again the second time out of another pot that hath 9 only gilt ones. The nine so drawn withdraw themselves into a conclave, where among themselves they name 40. such as have each of them 6. voices at least. Out of the 40. so named are 12. again selected by Lot: which 12. among themselves choose 25. each at least by 8. voices. Of these 25. are 9 again by Lot set apart: which 9 nominate further 45. as before: and those 45. being by Lot again reduced to eleven; these eleven choose out 41. of the chief Senators, which last have power to elect a Duke. These 41. then after an oath by them severally taken to choose whom they judge worthiest, and some other solemnities performed, write each of them in a scroll whom he thinketh good. The scrolls are mingled together, and then drawn as they come: and the fitness of the person first drawn is discussed: who if he have 25. voices with him, had wont anciently to carry it without further ado. But of latter-times they go on, and he that hath most voices above that number, come he first or last to hand, hath the place. If none of them have voices enough, they begin again, and continue till some one be nominated that hath. * Contar. de Venet. repub. l. 1. Et Postel. de Magistr. Athen. c. 8. Again in their yearly assemblies for the choice of other Officers, all their Gentry that have voice in Council (none of them excluded) draw first for 60. gilt balls out of two pots by one lottery, the one half out of the one, and the other half out of the other: and then those 60. for 36. other gilt ones out of an other pot by a second lottery. And the 36. that have thus drawn and lighted on gilded balls twice, have power to nominate to such Offices as are then to be chosen: which they do in this manner. They go apart into certain conclaves by nine and nine in four companies. Where all those of each company in order of years draw out of a Lot-pot balls with marks upon them for the several Offices; and according to the ball that each of them hath drawn, he nominateth what Citizen he will for that Office, who if he have 6. voices of those 9 the party yet holdeth; if not, an other must be nominated by him, till some one be so approved. By this means among those four Companies are there four Competitors nominated for each of their Offices, whereof one is chosen by most voices of the whole Assembly, the Electors and the whole kindred of the parties nominated being only first excluded. Somewhat after the same manner are they reported to choose, not their Electors, but their Offices in the Tuscan Estate. For e Estates & Empires translated out of French by Grimston. dividing those that are capable of Office into three ranks, and accordingly casting them into three boxes: Out of the first they draw the Magistrates of highest place; the middle sort out of the second; and the lowest out of the third, And having thus drawn five several ones for each Office, he carrieth it, that hath of the five the most voices in the Council: But their election standeth as it pleaseth the Duke to confirm it, and no further. § 9 Generally in all places among all sorts of people employments of all sorts have thus oft been shared. In war much was thus managed. For in garrisons, sieges, pight fields and set camps, those that served together, had their times, and places, and courses oft assigned them by Lot, as for f Milites sortitò per h●ras excub●bant. H. jun. animad. l 2. ●. 5. & 1. Savar. ad illud Sidonij ep. 6. l. 8. Inter ex●u●ial●s curas saltem sorti●ò vacabis. Hinc Virg. Ae●. 9 Omnis per muros legio sorti●a p●riclum excubat; excercentque vices qu●d cu●que tu●●dum est. Nisus erat pōrtae c●stos.- i●s●rte divisa ad d●fensi●n●m pericul●. Seru. & Georg. 4. de apibus. Sunt quibus ad portas cecidit ●ustodi● sorti. à militia tractum. Ser●. watch and ward, so g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 stationes in acie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Xenoph. Cyri paed. l. 6. Divisis copijs Coss. so rtiti, quia non ab eadem utrumque part aggredi host●m placebat, regiones quas peterent. Lived. 41. Polynicis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Deuces 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aeschyl. Theb quod & Eurip Phaenis. Et contra obsessi quoque septem excursib●s haerent. Ogygijs it sort Creon. etc. Stat. Theb. l 8. for assault and defence, or such employment as the place that by Lot befell them should require. In which kind it is no vulgar commendation, that is given the Emperor Theodosius, that h Omnium castrensium munerum numeros primus aut cum primis obir●; st●●● pro signis; excubias sort agere; etc. in praeiium primus ire, praelio postremus excedere: dux consilio esse, miles exemplo. Paca●us panegyr. though then a great COMMANDER yet he was content as a common Soldier in such military services to take his turn by Lot among the rest. In single Combats i S●c ajax cum Hectore committitur. Homer. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- Hinc Soph●el. Aiace.- 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et ovid. Met. l. 13. Hunc ●go poscentem cum quo concurreret unus Sustinui: sortemque meam vovistis A●hiui, etc. a Champion was sometime singled out by Lot: and k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hector Vlyssesque 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, uter Paris an Menelaus in congressu prior 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hom. Il. ●. by Lot it was determined (if a Poet's word may go for good) whether of the twain should give the onset. In jeopardous exploits, or where multitude might cause confusion, and hinder rather than help, a Lot was called in, to order and marshal the matter. Thus l Huc delecta virûm sortiti corpora furtìm Includu●●. Virg. Aen. 2. by Lot it is said to have been decided who should be enclosed in the wooden Horse's womb at the taking of Troy. Thus m Plutarch in Timoleon. Timoleon being to pass a river with his army in the face of the enemy, took the rings of the several Leaders by drawing them to decide in what order they should pass; and when the ring of one of them that had a Trophy engraven on it, came first to hand, they left all further lotting, and with great alacrity made each of them with all speed they could over, and so discomfited those forces, that stood on the other side to inhibit their passage. And thus n Plut. in Pericle. Pericles, when he could hardly restrain his people inconsiderately over-eager on sight, he divided them into two parts, and by Lot assigned them, some to skirmish, and some to rest and make merry the whilst, to wit, that part of them o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. that lighted on the white bean: whence it grew, saith mine Author, to be a byword applied to those that live at ease that they have p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. a white day of it, alluding to the white bean. In desperate cases, when they were resolved to die rather than to fall into the hand of the enemy, and to be at his mercy; q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. joseph. ●●ptiū. l. 3. c 26. they decided sometime by Lot who should slay either other; and r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ibid. by that means joseph the jewish historiographer escaped, his Lot coming out with the last man's, whom he persuaded to surrender himself with him to the Romans: or who should be common Executioners to all; for so s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. jos. cap. l. 7 c. 35. the jews besieged in Masada at Eleazar's instigation, chose by Lot ten among them to be as common Butchers to the rest, unto whom each of them presented his wives and children and himself to be slain; which being done, t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ibid. one of those ten again singled by Lot dispatched the other nine, and in the last place himself. At Syracuse the delivery in Court of their minds in course by Lot ( u Si tacent omnes, coguntur sortitò dicere. Cic. Verr. 4. ita Verri praedicando, cum nem● surgeret, sor● ducitur. Ibid. in some kind and case continued unto Tully's time with them) and that after the order of the Alphabet (as * Lucian. de ●aeres. the like was used in the Olympickes) is famous for Dionysius his act, x Plut. apophth. who having drawn the letter M. when one jesting upon him said y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. he would play the Mome or the fool, made answer that z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. he would prove not a Mome but a Monarch: and he made his word good; for chosen General he turned Tyrant. Whence it grew to a Proverb to say, 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 M. Zen●dot. in Prou. M. is his Lot, either a Erasm. chil. 4. cent. 2. ad 64. of a fool, or b Rhodig. antic lect. l. 12. c. 17. of a fellow of no worth. In voyages were c Sic ulysse & Eurylocho de Circaea insula expl●rāda sortientibus, ●urylocho sors exij●. Hom Odyss. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et inde ovid. Metam. lib. 14 S●rte sumus lecti. some by Lot set a shore for discovery, especially where it was suspected to be difficult and dangerous. And at sea sometimes d Sternimur optataegremio telluris ad undam, Sortiti remos. Virg. Aen. l. 3. ●. Per sortem di●isi ad officia remiga●di, quis esset proreta, quis pedem teneret. Seru. they cast Lots who should row, and who be otherwise employed: and e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Apollon. Argon. ubi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●st 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ut Eustath. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. those again whose Lot it was to tug at the oars end, took their places by Lot. Both in public works, f Operumque labor●m Partib ● aqu●bat justis, & sort trahebat Dido. Vir. Aen. 1. as at the building of tire; and in private labours, as g Ocyus incubuere omnes, pariterque laborem Sortiti. Aen. 8. at Vulcan's forge; and in mutual combinations, as h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- Hom. Odyss. ●.- nosmagna precati Numina, sortitique vices (vel parts membrorum, vel quo quis loco staret. Seru.) unâ undique circum F●ndimur, & telo lumen terebramus acuto. Virg. Aen. 3. at assaulting the Cyclops, i Sic Diod●r. Sic. l. 3. O i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 topazium inquirunt. each man had his task or standing oft assigned him by Lot. Neither is the passing pride of that k Sesostris anni● quibusque sort reges singulos è subiectis iungere ad currum solitus, etc. Plin. hist. ●at. l. 33. c. 3. & jul. ●uleng. de trump. c. 5. Egyptian Tyrant here to be passed by, that compelled such Kings as were tributaries to him, not, as l judg. 1.7. Adonibezek did sometime with his, to sit like dogs under his board, but to draw, taking their turns by Lot, like horses in his Chariot, when it pleased him once a year to ride in state. In a word, so frequent was the use of a Lot in this kind, that some a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Etym. & Eust. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Grammarians have thought (though b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 literis transpositis, versoque 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Auenar. Guichard. & Crucig. indeed it seem not to be so) that a Lot among the Grecians from hence had its name, because by it men were usually called unto this or that work. But sure it is that in this regard in speech ordinary, though figurative, men are commonly said to have this or that Office c Act. 1.7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. de juda. & 17.4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, d●●i● qui s●●i spontè associaverant. allotted them, though it come not by Lot to them, but by election or otherwise: as our Saviour is said truly to have been anointed d Heb. 1.9. a Prince, e Heb. 5.6. a Priest, and f Luk. a Prophet, though neither any Prophets ever used to be anointed, nor any such material oil ever came on his head. The not observing whereof hath made g Sic Bodin. de Mario ad bell. Mithrid. à Sulpit. Trib. Pl nom●n d●monol. l. 1. c. 6. Vise etc. 10. §. 3. some suppose Lottery there, where indeed there is no lot at all. §. 10. Thus have we seen how frequent the use of Lots hath been among all sorts, for distribution of Offices and Services Civil and Sacred: Now they were no less frequent also in the division of Inheritances, of Lands and possessions, of Goods and Chattels, and the like: yea and oft times of Rewards too, as well pains and penalties, as Honours and Dignities. Of Lands and possessions by Lot assigned to be held and inhabited we have sundry examples in Scripture. For first at the first entrance of God's people upon the Land of promise, the whole Land in general was divided by Lot, and that by g Num 26 55. & 33.54 & 36.2. Gods own appointment, among the 12. Tribes. Concerning which partition there is some scruple among the learned arising from the words of God's Edict concerning it thus recorded by Moses: h Num. 26.53. ad 57 Unto these (that is, the 12. Tribes, though i Num. 18.20. & 26.62. Deut 10.9. & 18.2. I●sh 13.14.33. Levi be left out, because k Num. 26.29.35 josh. 14.4. joseph in Manasses and Ephraim maketh twain) shall the Land be divided to inherit according to the number of their names, (that is, of their persons, as the word, l Act. 1.15. & Apoc. 3.4. Numerus nominum Et, habes pau●a no●ina. Name, is also elsewhere used.) To many shalt thou give a large inheritance, & to fewer a less: to each one shall inheritance be given according to his number. Notwithstanding the Land shall be divided by Lot: according to the names of the Tribes of their Fathers shall they inherit. According to the Lot shall the Possession of it be divided between many and few. Where the Question is how the greater number should have a larger portion, and the fewer a less, when each part was to have its portion assigned it by Lot. For the solution hereof m Ordinatio●e di●●na sort cade●te super terra● proportionatam pro plu●alitate vel paucitate hominum. Lyr● in Num. c. 26. & ●●r●. i● jon. c. 1. some say, that it was so to fall out, by God's special providence miraculously directing the Lots, that the greater compass of ground should fall to the greater number of men, and the less to the fewer. But that is not likely: for had it been so meant, God would rather have said; To many I will give a larger portion, and to fewer a less. Divide thou as equally and exactly as thou art able to do by Lo●: and I will cause it to fall out so, that the more men shall have more Land, and fewer men less: or, Do thou divide it into unequal parts; and I will make it fall equally to fit every Tribes turn. So that the casting of the Lots should be joshua's work only; but the fitting of more and fewer with larger or scanter possessions and portions Gods own immediate disposition. Yea the event itself controlleth this idle conceit. For we find that n josh. 17.14. some of them were scanted in those portions that by Lot befell them, whereof also they complained: and o josh. 19 9 others again had more befell them, than they were able well to people; and therefore are willing to admit others with them as Inmates. Others think p Ex Hebr●●rum quorundam sei●entia, quam R. Levi i● comment. ad josh. approbat, ad Num. reijcit; Masius ad I●sh. c. 15. that the twelve men assigned to that Office of dividing the Land by Lot, had a power by virtue of that Edict conferred upon them, after the lottery performed according to the partition made by others employed thereunto by them, to enlarge or straighten the bounds of each several portion, as they should see good; by virtue of which power they were to fit each part to the number of the people that were of that Tribe, which the same by Lot was fallen unto. This indeed hath more show of probability than the former; and r josh. 1●. 1.9. we find some alteration and change in this kind after the several possessions were determined by Lot. But yet that seemeth to be soundest that some q In familijs subdivisa ●st per sor●es inaequales pro numero personarum. Ex aliorum sententia. Lyra in Num. c. 26. Et ex josh. 15.1. Oleast. Et Trem. ac jun. ibid. others have conceived, that in that Edict there is mention of a twofold partition, and either of them, necessarily required. The former a s Num. ●6. 55.56. general division of the whole Land (taking in that on this side jordan, t Num. 32.33. & 34.13.14.15. I●sh. 14.1.2.3. held by the Reubenites, Gadites, and half the Tribe of Manasses) into 12. Shires or Cantons equally divided, to be distributed by Lot: the latter u N●m. 26.53.54 a particular Subdivision of each Canton or Shire unequally parted among those of that Tribe whom the same by Lot had befallen, as their Families or kindreds were more populous or more penurious of people. Now as God enjoined, so x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Act. 13.19. josua accordingly did: For y I●sh. 14.1.2. he divided the whole Land among them by Lot. z josh. 11.23. He began the work so soon as the Land was at any rest, and a josh. 14.1. & 19.51. afterward went on with it till he had made an end of it; assisted therein according to b Num. 34.17.18. Gods own appointment by Eleazar the High-preist and the 12. Heads of the twelve Tribes. Their several Lots in what course they came the holy Ghost hath left upon record. For at the first Session or solemn meeting for the performance of that business, c josh. 15. the first Lot fell to judas, and d josh. 16.1.4. the second to joseph in e josh. 16.5. ad finem. Ephraim & f josh. 17.1. ad 12 Manasses. g josh. 18.2.10. At the second Assembly had the other seven Tribes, to wit, h josh. 18.11. ad finem. Benjamin, i josh. 19.1. ad 10. Simeon, k josh. 19.10. ad 17. Zabulon, l josh. 19.17. ad 24. Isac●ar, m josh. 19.24. ad 32. Asher, n josh. 19.32. ad 40. Nephthalim, and o josh. 19.40. ad 49. Dan, (for thus by course their Lots came out) their portions allotted them; n josh. 18.4. ad 10 the rest of the Land, not before assigned, being divided into seven parts, not o joseph. antic l. 5. c. 3. by ten men, as josephus, but p Masius ad josh. c. 18. by 36. rather, or 21. at the least, (three a piece out of each Tribe, q Lavat. josh. c. 18. either of the whole Twelve, or r Calvin. josh. c. 18. of those seven whose turns then were to be served) employed specially to that purpose. Concerning the manner of lottery used in that action there is some diversity of opinion. s Rabbini in Baba Bathra teste Masio: & Schindl. lex. Pent. Some think that the Lots of the Land were put into one pot, and the Tribes names into another, and that one choice person, to wit Eleazar, drew for all. t joseph. antic l. 5. c. 3. Others imagine that there was only one pot of Tickets containing the names of the portions, out of which one of each Tribe drew for the Tribe he was of. u Masius in josh. c. 15. Others lastly suppose that the Tribes names only were put into the Lot-pot, and that each Tribe, as it was drawn, had his choice of which part he would yet undisposed when he drew. The first opinion seemeth most probable, both because once drawing so might well end all, x Neque ●nim certum satis quod Mas. ad josh c. 15. tribuum praerogativam in prius posteriusque sortiendo seruatam. Et manifestò falsum qu●d Oleast. ad Num. c. 33. ordinem nascend● in sortiendo secutos. which would not be in the second, where question might be who should draw first, which would ask a new lottery; and again because it is not said in the story, that such a Tribe drew or was drawn first or second simply, but that y I●sh. 19.1. & 21.4. the Lot came out first or second for such a Tribe, which agreeth not with the third. There was indeed z Chytrae. i● jud. c. 1. a special hand of God in this lottery, (as there is oft in others) as it was done by special appointment from him; in regard whereof it may seem to some worthy to be ranked rather among extraordinary Lots; considering especially how fitly the event of it sorted with y C●n●s. 49. Jacob's prophetical prediction in his last will and Testament. But yet I take this rather to be the proper place of it: because howsoever there were a special providence of God in it, thereby to fulfil that holy patriarchs prophecy, yet the main matter that it was applied unto and that was aimed at in it by those that were agents therein, is like to have been no other than z Ad contentiones excludendas. Ly●. in Num. c. 26. an ordinary partition of such possessions as by conquest and God's gift were cast upon them, without expectation of any special direction of them, and the Tribes they were drawn for, to such certain parts and seats. Now as the whole Land in general was thus divided by Lot, so in particular were the Cities assigned to the Levites divided among them by Lot likewise according to their Families. For whereas a Num. 35.7.8. josh. 21.2. God had commanded that 48. Cities in all should be assigned them, more from those that had more, and fewer from those that had less; again, whereas b Num. 26.57. & 3.17, 18, 19, 20, 21, 27, 33. the Levites were divided into three Families according to Levies three sons, Kehath, Gershon, and Merari; and c I●sh. 21.10, 20. the Kehathites were subdivided again into two ranks, to wit, the Aaronites or the issue of Aaron, Kehaths' nephew by his son Amram, which alone had the Priesthood, and the rest of that house which came not of Aaron; there were d I●sh. 21.8. Lots cast by them for these their several Families in what Tribes there should Cities be assigned unto each. So that the Princes set down how many Cities each Tribe should afford according to the quantity of their possessions and the number of their Cities; as also which Cities in each Tribe should be given them as most convenient for their abode, who were to be dispersed into all parts of God's people. Which being first by them determined, e I●sh 21.4. ad 43. 1 Chron. 6.54. ad finem. the four Families drew Lots then, which of them should have the Cities set apart in each Tribe; and so f Iosh 21.4. the Aaronites had 13. in juda, Simeon, and Benjamin; g josh. 21.5. the other Kehathites 10. in Ephraim, Dan, and the one half of Manasses; h josh. 21.6. the Gershonites 13. in Issachar, Asher, Nephthali, and the other half of Manasses; and i josh. 21.7. the Merarites 12. in Reuben, Gad, and Zebulon● the whole 48. in all. And as at their first coming into the Land of promise, the possession of it was in this manner divided by Lot; so at their return again unto it from the Chaldean Captivity, was k Nehem. 11.1. a Colony by Lot drawn for the peopling of jerusalem, one taken of each ten, and so a tenth of the whole company for the storing of the City, beside such as voluntarily offered themselves thereunto, the remnant being left to replenish other places, and to possess the residue of the Country round about. Yea the whole City itself (if we might believe l joseph. Gorionid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the counterfeit Bengorion, or at least his abridger, for the true josephus saith m joseph. Flau. captain. l. 5. c. 1. vi inva isse. otherwise) was by Lot shared in three parts by the three seditious Commanders in the time of the Roman siege. § 11. Now moreover Lots were used for Partition, as of Lands, so of Movables, of Goods and Chatels, and the like. As namely first in some cases for the setting out of tithe. n Leu. 27.32. Every tenth one, saith God, of the bollocks, or neat, and of thy flocks, or lesser cattle, goats and sheep, as they pass under the rod, shall be holy to the Lord: there shall no regard be had of good or bad, nor any exchange be made of it. For whereas the very tenth indeed, or that which fell in the tenth place precisely was in strict right the Priests due, but which that should be could not easily be known where great herds of neat or flocks of sheep were, this seemed the equalest course, and is enjoined therefore by God, that o Vt quo ordine ex stabulis sua sponte exeunt, decimum quodque baculo numerantis tangatur, & segregelur Domino. jun. ad Leu. c. 27. & R. Sal. jareb. ibid. every tenth one of them should be touched and taken, as they came out of the stall or the fold, by the Tithing-mans' rod, and so set apart for the Priest. That which God alludeth unto where he telleth his people by the Prophet, that p Ezech. 20.37. he would cause them to pass under the rod, and bring them into the Bond of his Covenant: that is, q La●at. in E●ech. by a Metaphor taken from Shepherds that count their sheep with a rod or a sheep-hookes r jun. in Ez c, 20. he would search his people, and sort them, as the Shepherd doth his sheep, to take the better sort of them, s Vers. 38. rejecting and excluding the rest, into his fold, to be in league with him and under his charge. Again in division of Booties, of prey and spoils taken in war. So are t Obad. vers. 11. Lots said to have been cast upon jerusalem when it was sacked by the Chaldees, and u joel. 3.3. her people by Lot shared among the Conquerors for Slaves: As also x Nahum 3.10. the Nobles were of Nineveb in the sacking of that City, whether by the Medians, or by the y Vise Herodo●. hist. l. 1. Scythians, by whom it was at several times surprised. And of Goods otherwise gotten, as by pillage or stealth. As where David complained of his enemies that y Psal. 2●. 19. they had parted his garments among them, and cast Lots upon his vesture. Which thing is by z Calvin. in harmony. Gualt. in joan. c. 19 good writers justly supposed to have been first practised upon David, * 1 Sam. 19.11.12 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: ut Plutar. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. what time constrained to fly for fear of his life, his house was rifled by his foes, and his goods to his very garments sea●ed on, and by Lot, it is likely, shared among them: but was questionless, (the a Matth. 27.35. Mark 15.24. Luk. 23.34. joan. 19 24. holy Ghost testifieth it) fulfilled in our Saviour, when the Soldiers that executed him, parted his garments among them, and p Ne inutilis redderetur. Aug. in joan. tr. 218. & Suarez in 3 ●om. 2. disp. 38 §. 1. to save it from quartering, cast Lots apart upon one of them, to wit, the Coat without seam (the rather, q Resoluta in parts, parts etiam in particulas resoluentur. Simon d● Cassia super evang. l. 13. Et Baron. amnal. ton. 1. an. 34. say some, because garments commonly so woven or wrought, are wont to ravel much away if they be rend,) but the rest of them, or the other two (for r Euthym. in Mat. c. 67. it is not likely that they were above three in all, a shirt, an inner, and an upper coat) being rend into 4. quarters (which s Sorts in tu●icam solam missas. Aug. in joan. tr. 118. & Thom in ca●en. & Maldona. in Mat. c. 27. many observe not, and yet t Mark. 15.24. Mark evidently saith) u Etian v●stomenta reliqua sort divisa. Ambr. in Luc. 23. & exhort. ad Virg. & Theophyl ad Marc. 15. & Glos. ad Digest lib. 10. tit. 2. le●. 5. were likewise by Lot parted to each of the * Quatuor n. milites erant. Au. in 10.118. id quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. a ● Act. 12.4. four a fourth part. What form of lottery was used by them is not apparent, (as not greatly material) save that the Popish tradition saith it was by casting of Dice, which x Calvin. de reliq. & Becon of Romish relics. they are said to show to this day three in number ( * ●tred●t Iud●us Apella, sed Non ego credulus illis. he may believe it that lift) one at Triers and two other at Saint saviour's in Spain; and so y Dactylis, i. ●alú, ●esseris, aleisuè è manu ●●issis: Gallicè un det, five dé (dice.) Hadr. jun. & Fr. Nan's. in Nonn. par. some would expound z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- Nonn. parap. joan. Nonnus when he speaketh of Christ's passion, though a Falkenberg. in Non. dio●. other with better reason understand him of b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Gloss. Mication or shifting of fingers, the one divining or guessing how many the other held up, which the same Author also elsewhere c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Non. Dionys. l 33. more largely describeth, a d Micare est sor●iri digitis Nonius de propr. serm o ● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ptol m. H●phaest. his●. n●●al. 4. qui & in ● tionē●ius Helenae tribuit: in Pho●ij biblioth. 100LS. Quid sorsest? quod micare, quod talos, tesser. ● i●cere. Cic. divin. l. 2. kind of lottery e Vude natum p●ouerbium de homine qui certiss●ma esset fide, Dign●m esse quicum in tenebris ●icetur. Cic. Ossic. l 3. & sin. l. 2. quod de lusu acceptum Eras. chil. c. cent. 8. ad 23. ad contractus verèretulit Casaub ad Suet. Aug. anciently much used aswell in serious businesses, as in sport & pastime: Nor hindereth it, but that Nonnus might well mean it, though f Duorum tantum est. Nan's. that cannot, as they say, be practised well but between two only at once. g Odyss●. de quo tamen alibi, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et Il. ●. loven fulgurare ubi ningit. Scal. Poet. l. 5. c. 2. Apud Virg. Aen. 6. Palin●us Aeneam portus Velin●s requirere jubet, qui post ann. 600. ●o nomine primum n●ncupati. Ge●. noct. Att. l. 10. c. 16. Idem po●tum describit, qualis nullus spianinora Africana. Seru. ad Aen. 1. Ceruorum agmen ibid. ab Aenea repertins. Cùn cer●os Africa serè sola non gignat. Pli hist. nat. l. 8 c. 34. & Arist. hist. animal. 18. c. 28 Poet's even the best oft-times take liberty beside the precise truth of story, and the ordinary use of those things they deal with. And no marvel therefore if Nonnus should fail somewhat herein, being esteemed one but h Mimun ridiculum. jos. Scal. ep. ad Salmas. of the lower rank of them. But to leave these uncertainties, such a Lot as this i Prou. 1.14. Solomon alludeth unto, where he bringeth in thievish Companions not so much k Sor●em mitte ●obiscum. Vulg i. consort noster ●●● Vat. Cast thy Lot in among v● Angl. inviting him whom they would persuade to adventure his part with them, (for there is nothing to be adventured lightly on their part but limb and life) as l Sorten conijcies in●er nos, i communis praedae part e●●qun nobiscum sort capies. jun. & Cart. promising him, that he shall cast Lot with them, that is, shall have an equal share with them in whatsoever they get: m A legitima negotiatorum societate sumptalocutio. jun. as those are wont to do and to have that deal by way of lawful traffic together in joint stock. To this Head may we further refer the designing or picking out of persons by Lot to be saved or to be slain. So n Chald. paraphr. some expound that of o 2. Sam. 8.2. David's measuring out the Moabites with two chords to be destroyed, and with one full chord to be saved alive: though p Lyra, jun. alij. the most turn it another way. Yea so s Non cecidit super eam sors, ut alij perirent, alij saluarentur; sed cunctis communis ven●t intericus. Hier. in Ezech. quem sequuntur L●uat. Lyra, & Geneu. nota. most Interpreters understand God's speech, where he biddeth the Prophet r Ezech. 24 6. pull the flesh piece by piece, every piece of it out of the pot or cauldron, and cast no Lot on it: thereby signifying that the people should not be some destroyed and some saved, but should all utterly be destroyed without distinction or difference; though t Vise Junii not. some of late understand this also otherwise. But of this use evidently was u Lovit. 16.1, 9, 10. the Lot that was cast on the two Goats, (for it was merely divisory, not divinatory to tell whether was fitter for the service, both being alike fit for it) whereby the one was taken for the scapegoat to be saved and sent out alive, the other left to be slain and to make a Sinne-sacrifice to God in the behalf of his people. And these be all Examples that I find of this Use of Lots in holy writ. § 12. Among profane Writers there is nothing almost rifer than the use of Lots in this kind. x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dion. Chrys. orat. 64. Inheritances among coheirs were by Lot oft divided. For so; to pass by the Poet's fiction of y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Apollod. bibl. l. 1. Hinc Hou●. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Et Virg. Aen. 1. Non illi imperium pelagi, sed mihi sort datum. Vise ibi Sernium: sed & Lactant justis. l. 1. c. 11. Saturn's three sons that should so part among them Heaven, Sea, and Hell; as also the Grammarians groundless conceit of z Claros 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ex Nearch. Eust. ad perieg. Claros, a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. cum inter Heraclidas convenisset 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eustath. Il. ●●. & Steph. de urb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Etymol. Lacedaemon, and divers other places that from hence should have their names: thus, I say, we find b Vt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, cui sors prinia obtigisset, vel Spartam vel Argos optaret; cui tertia, M●ssenen obtineret. Polyaen. stratag. l. 1. aliter paulò quam Pausan. M●ssen & Apollod. l. 2. Vise infra cap. 12. § 6. Peloponnesus after the right of possession by joint conquest recovered, parted between Cresphontes, Temenus, and the Sons of Aristodemus; though there were some slight therein used, as we shall hereafter show: Thus c Deditque sors Char. sedem habere parisio's, Gunt. Aurelia's, Chil. Suessionas, Sig. Remos. Greg. Tur. hist. l. 4. c. 22. Lotharius his four sons, Charibert, Gunthram, Chilperis and Sigebert parted the Realm of France between them after their Father's decease. Thus d Chytrae● in judic. c. 1. Frederick the second King of Denmark, and Adolfe Duke of Holst divided between them the Teritory of the elder john of Holst deceased without issue. And thus, saith the Orator, e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dion. Chrys. 64. should Oedipus his two sons rather have done (and yet in part too it is said they did, i Hinc Stat. Theb. 1. - iam sort carebat Dilatus Polynicis honos. Et l. 2. - animum subit illa dies, qua sort benigna Fratris Echio●ia sleterat privatus in aula. Et Eteocles, Quae sors justa mihi, qua non indebitus annis Sceptra dicavit honos, teneo, aeternumque tenebo. taking either of them their year by turns, as the Lot at first ordered it) and not by mutual war and strife (as at length they did) work either others overthrow. The Civil Law k Cod. just. lib. 10. tit. 34. leg. 2. willeth that the goods and chattels of every Courtier deceased, where a fourth part is to come to the Court, be parted by the heir or Executor into four parts, and then l V● rebus totis insortium casum deductis, vel Curiae quadrantis, velhaeredi aut fidei commissario dodrantis electio ex sortis falicitate contingat. Lots cast whether he shall choose his three, or the Court her fourth. Where divers good reasons also of this course are rendered: for that m Natural vi ●um est negligi quod in common possidetur: vique nil●t habere se, qui n●n totum habeat, arbitretur: denique suam quoque sortem corrumpi patiatur, dum invidet alienae. It is commonly neglected, that is held in common: Men think they have nothing at all, if they have it not apart: and out of an envious disposition (like n 1. King. 3.26. the wrong Mother in Scripture) they suffer things oft to be spoiled rather than an other should have good of them. The like is willed to be done where the choice of some chatel is bequeathed to divers; or that one that it was bequeathed to dying leaveth divers Executors; if they cannot otherwise agree. o justin. Institut. l. 2. t. 20. Siinter optandum dissenserint, fortuna sit optionis judex. Et Cod. lib. 6. tit. 42. leg. 3. Sorte inter altercantes alhibenda. And our Common-law likewise, among other courses of partition of Land between partners or female coheirs, alloweth this for one, p Litelton Tenors l. 3. c. 1. by dividing the Land into parts as equal as may be, and then wrapping up scrolls of each part in as many waxen balls, to be drawn by the Partners, in order of years, out of the bonnet of some other indifferent party. In City's new built, and at the first settling or altering of estates, as also upon the enfranchising of some that were foreigners or not free before, had each one oft q Aeneas urbem designat aratro, Sortiturque domos. Virg. Aen. 5. his house, or r An inter se sortiunt vibem atque agros? Ennius' Cresph. apud Nonium. portion of Land, or s Sitella allata est, ut sortirentur ubi Latini suffragium ferrent. Liu. l. 25. Ex 4. urbanis tribubus unam sortirentur, in quam libertini omnes conijcerentur. Idem l. 45. Tribe he should belong to, assigned him by Lot: A thing t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. Solone. expected of the poorer sort at Solon's hand in the alteration of the Athenian estate: but indeed u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. Lycurgo. executed by Lycurgus, though not without much ado, in the Spartan Commonweal: as also x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dionys. Hal. antiq. l. 2. by Romulus in the first founding of the Roman estate. And y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Scholar Aristoph. Nub. in Egypt it is reported that they were wont yearly by Lot to assign each man or each kindred what Land they should till. After conquest of some Country it was usual both with the a Hinc Aristoph. Nub. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vbi Scholar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et Plut. Pericle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vise Pausan. Attic. Heredot. l. 5. Thucyd. l. 3. alios. greeks, b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Romull institutum. Dionys. Hal. l. 2. Hey 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Euseb. Chron. can. Sabinorum terra sort dividitur. Hieron. Aequaliter aut sort agr●s legionibus assignari. Brut●. Cic. ep. 20. l. 11. Vise Appi●. bell. civil. l. 2. Romans and others, to divide by Lot the Land conquered either among those that had done service, or among others also of their own people. Not to omit that sometime they were too forward in this kind (like c Abstem. fab.. the Hunter that sold the Coorier the bears skin ere he had killed or caught her) d Sic Pomp●iani pridiè pugnam Pharsalicam. Plut. Caesare. Sic Latini Constantinopoli capta Imperij provincias, q●asa orb denicto, sortilò inter se divisere; urbesque & fines inter se permutavere. Nicet. annal. l. 18. dividing more among themselves then either they had presently in possession, or indeed ever attained unto. When a Country was e Sic Ambigati Celta nepotes 2. sortibus emissi, alter saltus Hercinios insedit, Italian●●lter invasit. Liu. l. 5. surcharged with multitude of people, or f Sic Lydus Rex cum filio, ut Heredot. l. 1. Lydus & Tyrrhenus fratres, ut Paterc. l. 1. sterilitate frugum compulsi, sortiti sunt, uter cum part multitudinis patriae d●cedere●. Sors T. contigit. Sic sub Suione Rege fame invalescente, Dani patria excessuri sort deligun●ur. Saxon Gramm hist. Dan. l. 8. not able to maintain her natives by occasion of long famine; a common course it was by Lot to decide who should bide by it at home, and who go to seek their fortunes abroad. If in war they could not agree on a course; as in the Palestine expedition, commonly called the Holy war, g Placuit sort definiti. Sors super Tyrum cecidit. Guil. Tyr. bell. sacr. l. 12. c 24. whether tire or Askalon should first be assaulted, a Lot was used to end the strife. h Praedam sortiri soliti Victores. Seru. ad i●ud Virg. Aen. 9 Si capere Italiam- Contigerit victori, & praedaducere sortem. Mulieres Delph● a●●ata 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mo●ilia apud Athenaeum l. 6. The prey taken in the field, or in the sacking of some City, whether it were of goods, jewels and garments, or head of beasts, or i Captivi inter Victores sort dividebantur. Seru. ad i●ud. Aen. 2.0 foelix, una ante alias Priameia Virgo, jussa mori; quae sortitus non pertulit v●os. Hinc Eurip. Troad. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et Senec. Versata dominos urna ca●tiuis dedit. It, Domum acce Priami è nuribus & natis legeus Sortitur urna. Praeda quem vilis sequar? Ithaco obtigisti praeda nolenti brevis. de Hecuba: qua de & Our ●. Met. l. 13. - o modò regia coniux:- Nunc etiam praeda mala sors. Et Helena apud Sen. Quam quisque famulam traheret incerto diu Casu pependit: me ma'us traxit statim Sine sort Dominus. men's person, was usually parted by Lot. In which kind not unworthy the rehearsing is Probus the Roman Emperor's act; k Vopiscus Probo. who when an Horse taken in the field was presented him, reported to be able to travel a hundred miles a day, & every one made account that he would keep it to himself; he said it was a beast l Fugitive potiu● militi quam forti conuemire. fitter for a flyer than a fighter; and bade put it to hazard with the rest of the prey: which being done accordingly, and drawn for one Probus, of which name there were four several men of the sharers, contention grew among them who had right to it; whereupon being once or twice again put into the Lot-pot, when a Probus came out still, it was agreed on all parts, that no other than the Emperor himself should have it. In distribution of gifts, or rewards, or o In defunctorum locum, qui annonam publicam acciperent, quotannis sort suffecti sunt. Suet. I●l. c. 41. alms, where m In serui● ex testamento manumittendis, ubi omnes non possunt, etc. sortiri eos opertobit, ●e quam ambitionis vel gratiae suspicionem Praetor subeat. Digest. lib. 40. tit. 5. leg. 24. Sic coniectis in aquae fitulam sortibus de ancilla ducenda sortiu●tur servi d●●, in Planti Casina: quam sortem ●um divinatoria Meursius frustra confundit ad Cas. c. 3. every one's turn could not be served, or n Sortitur dominos, ne laceretur avis. Mart. l. 8. ep 78. Sic lego, quod vulgò, not laceratur. that which many had equal interest in, could not well be divided; it was by Lot designed which way, or to whom they should go. p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Apollador. l. 1. By Lot Danaus is reported to have disposed of his Daughters among the sons of Aegyptus: q Uter prior matri osculum daret, sorti permittunt. Liu. l 1. By it the two Tarquin's Titus and Aruns are by some said to have decided, whether should have the kissing of their Mother first; when the Oracle had told them that He should reign that gave his Mother the first kiss: wherein r Liu. l. 1. & H. lic. l. 4. Brutus their Cousin is reported to have gone beyond them both by kissing his grandmother the Ground: But s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dionys. Hal. l. 4. others say that they agreed both to kiss her at once. t Ptolom. Hephaest. apud Photium: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. By it Paris and Helen are likewise said to have decided the controversy between them about the naming of a Daughter that he had by her, whether it should bear his name or hers. u In tribus judicijs, familiae herciscundae, communi dividundo, & finium regundorum, quaeritur quis actor intelligatur, quia par omnium causa videtur. Caius Dig. lib. 5. tit. 1. leg. 13. Where it is uncertain in certain cases at the Civil law whether party is plaintiff and whether Defendant, both commencing suit; as they may, at once, either against other, not the main business or suit itself, as some mistake it, but x Cum ambo ad judicium provocant, sort decerni solet. Ulpian. ibid. l. 14. that doubt only is put to the decision of a Lot. y Sortiri oportet, apud quem esse debeant. Caius l. 10. t. 2. l. 5. ubi Gloss. vel ut uni per sortem omnia, vel ut una uni, alia alij, ut in vestibus Christi. And so is likewise by the same Civill-law the custody of Cautions or Evidences among those that are equally coheirs. At the election of a Pope z Cellae per litter as fignatae sort patribus distribuuntur pridiè quam ingrediuntur Conclave. Marcel. Corc. Cerem. sacr. l. 1. s. 1. c. 2. Et Continuator Vrsper. ubi de Synodo Basil. the Cardinals in the Conclave have their Cells assigned them by Lot. At their a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plus. Sympos. probls. l. 2. c. 10. Et ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hinc. Aristoph. Equit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vise Suid. & Erasm. Chil. 3. cent. 6. adag. 1. Sed & Cato Vticen●is in convivio sortitione facta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, instantibus convivis ut primas to●eret, negavit id invita Venere fieri oportere. Plut. Cat. solemn Feasts, b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. probl. l. 2. c. 10. Vise Athen dipnos. l. 1. & Rhodig. antiq. l. 14. c. 55. sacred or public especially, in ancient times had each one his mess of meat by Lot assigned him. Where observe we withal that as among the Hebrews Gods people, c Leuit. 27.32. God's part in the tithe of their Cattle was by Lot set apart; and d Sic Pelasgi decimam Dijs dandi voto damnati 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ex My●silo Dionys. Hal. antiq. l. 1. among the Heathen likewise, where by some solemn vow a tenth of the increase either of the fruits of the earth, or of their cattle had been before made over to their Idols: as also the e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Th●ophr. de plant l. 9 c. 5. Famaest cum sole dividi; ternas partes fieri; sort cremia discerni: quod Solicesserit, relictum sponte conflagrare. Plin. l. 12. c. 19 Arabians are reported in old time to have consecrated yearly a third part of their cinnamon, which the Lot lighted on, to the Sun, and that the Sun, as they f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Theophr. fable, should fire that part of himself. So among those Heathen in that their festival lottery, g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eumaeus apud Homerum Odyss. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. the mess first drawn was held holy and accounted some God's share, Mercuries most usually, whom they deemed Precedent of lottery: That which I take rather therefore to be termed h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pollux l 6. c. 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hesych. & Phauor. lex. Mercury's Lot, then that which i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Suidas, cumque segunti Pewter. Bodin. Serat. alij. others say of an Olive leaf, without any good ground: And in the division of Lands before mentioned at the settling of new k In Lesbiurum terra dividunda 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Athenienses. Thycyd. l. 3. Colonies or l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. de Romulo Dion. Hal. l. 2. Estates, some part was usually by Lot set apart for sacred uses in the first place. m Hinc Varro Parmen, apud Non. Ergò micandum mihi erit cum Graco, utrum illius ego numerum, an ille ●eum sequatur. Vise Ca●saub. ad Suet. Ang. c. 13. In their markets they used oft, when Buyer and Seller could not agree, as with us to draw cuts, or cast cross and pile, so by an other kind of lottery, that Mication or shifting of fingers formerly spoken of, to decide, whether should come to others price: n Ex autoritate Turci Apronia●i etc. Ratio docuit, utilitate suadente, consues●dine micandi sublata sub exagio potius pecora vendere, quam digitis conludentibus tradere. Antiq. Fabric. which custom yet for some considerations was sometime in some cases inhibited. § 13. In pecuniary penalties was this kind of Lot sometime employed, where the Offenders were too many to be all of them amerced. For so Augustus of such as frequented not the Senate as they should, o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dion. Cass. l. 55. enforced each fifth man that the Lot lighted on, to pay his fine for his absence, which was remitted to the rest. But in case of life & death was a very principal use of it. Where to pass by that Fable, fond fathered upon Athanasius, of Melchi melchisedec's Father, p Pseudo-Athen. h●st. Melch. who having a purpose to sacrifice one of his sons, should cast lots first with his wife, whether he or she should choose one of them to be exempt from that hazard, and after that upon the rest of them (she having chosen Melchisedeck by that means preserved) for one to be slain for a sacrifice: as also to let pass q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- Pausan. Messen. the Messenian Virgin that the Oracle demanded for the murder of Tists; r Oraculo iubente 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ceto exponere, Laomedontis Hesionen sorscepit. Diodor. Sic. l. 4. the Trojan King's daughter Hesione, whom the Poets feign the lot lighted on to be exposed to the sea monster: s Plutarch. Theseo. Et Virg. Aen. 6.- sep●●na quotannis corpora natorum: stat ductis sortibus ●rna. the 7. youngmen, and as many Maidens that Min●s required from Athens yearly for the death of Androgeus: and t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Pausan. Lacon. the children that the Spartans' used to sacrifice to Diana, till Lycurgus at length altered that inhuman practice. Nor to stay upon u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Socrat. hist. eccls l. 7. c 8. & Niceph. Call. l. 14. c. 18. Qu●d Epiphan. in Cassiod. Irist. Tripart. l. 9 c. 8. Magorum genus vsqu● ad decimam jussit immiwi portionem. the Persian King's tithing out his Magicians (reported in our Ecclesiastical stories) upon discovery of their frauds: or the misery of Cambyses his army in his Aethiopian expedition, * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Herodot. l. 3. who for want of victuals by Lot sequestered a tenth part of themselves for the rest to make meat of. And to glance but at that memorable and lamentable act and accident of the two x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dion. Cass. l. 51. Sortiri vel á●micare i●ss●t. Su●●. Aug. c. 13. Quo loco Turneb. advers. l. ●0. c. 13. legit Micare: sed & apud Cic. Offic. l. 1. Si hac pari● in utroque, nullum e● it certamen, sed quasi sort aut micando victus, altericedat alter. Quam lectionem adfirmat Nonius in Micare. Flori Father & son commanded by Augustus to cast Lots for their lives, whereof y Pa●ter, Suet. Fili●●, Dion. quod & Casaub. nota●it. the one offered himself without Lot to be slain; and he being slain, the other thereupon slew himself. Most famous and frequent was z Vise omnin● Polybium de militia R▪ m. agentem hu●t. l. 6. the Roman practice in this kind, termed therefore by them their * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. App●an. bell c●●●. l. 2. non ut vulgò 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vise ●rod. miscel. l. 1. c. 9 Sic Plut. Crasso, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et Dionys. Hal. l. 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ancient law, or their Country custom: whose manner it was when some troops of their Soldiers had in the field a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plu●. Crasso. Signorum desertores. Liu. l. ●. or Camp forsaken their colours, b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polyb. l. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Halicar. l. 9 Quiloco cessera●t. Suct. Aug. 24. ordines reliquerant. Liu. l. 12. left their Stations, carried themselves c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pl●t. Crasso. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Idem Anton. cowardly in fight, or d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dion. Cass. l. 41. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Xiphil. tumultuantes. Suet. Galb. c. 12. disorderly otherwise, e etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polyb. l. 6. Statuerunt it●●ai●res nostri, v●● à multis esset flagiti●● rei m●litaris admissum, sortitione in quondam animad●erteretur. v● metus vid●licet ad omnes, p●●na ad pau●es perveniret. Cis. pro Cluent. for the frighting of all, and yet the saving of some, f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polyb. l. 6. to draw out by Lot h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polyb. l. 6. sometime more, sometime fewer, most usually i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Anton. Appian. l. 2. unde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. Anton. Et, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polyb. l. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Halicar. l. 9 Vise Brod. miscall. l. 1. c. 9 a tenth part of the whole number that were faulty, or g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dionyf. l. 41. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Appian. l. 2. were deepest in fault, k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polyb. l. 6 Sorte ductos fuste necat. Tac●. annal. l. 3. by an ignominious kind of execution to be made an Example to others; the rest of them punished only l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polyb. l. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polyb. ibid. & Dio l. 49. & Appian. Parth. with some other kind of disgrace. This tithing of delinquents by Lot to death we find to have been m S●eton. Cai●●. 48. attempted only, without effect once by Caligula; but was indeed practised and put in execution at sundry and several times, n Caesis Centurionibus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Halicar. l 9 Ca●tera multitudo sort decimus quisque ad supplicium lecti. Liu l. 2. by Appius, o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dio l. 41. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Appian. l. 2. Vis● & Suet. Cas. c. 69. by julius Caesar, p Cohortes, s● quae loco ceffissent, decimatas hord●o pa●it. Su●●. Aug. c. 24. by Augustus, q Qui Medis irru●ntibus ceffissent, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dio l. 49. & Plut. Ant. reliquis bord●o praebito. Dio. & Appian. Parth. by Antony, r Decimum quemque ignominiosae cohortis sort ductos fuste ●●cat. Tacit. annal. lib. 3. ra●rò ea tempestat●, & è v●tere memoria e●emplo. Ib. by Apronius, s Quo● Spartac● in fugan conie cisset, ex 500▪ 50▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. Crass. by Crassus, t Neronis Clas●●●rios ●umultuantes d●cima●it. Suet. ●alb. c. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Xip●i● Galb. by Galba; and lastly u Milites seditiosus multos sapius deci●●●it, aliquando ●tiam cent●fi●a●it, qu●m clem●●●●● so diceret, qui decimatione & visesimati●●e dignoscen●es●mar●t. Capitolin. M●ri●● by Macrinus, who sometime also to seem mild (which in truth he was far from) would draw out one of an hundred only (as x Fabius Rull●●, Front. stra●ag l. 4. c. 1. exem. 35. Rutilius, joan. S●ri●b. polyer. l. 6. c. 12. ex dua●● leg●●ibus qua loco cosserant vice●os sort ductos s●turi pereussit. some other sometime did twenty apeice out of each Legion that had fled, y Id●m, ut Sari●b. Aqui●ius, v● Pro●t. ibid. exemp. 36. ternos e● centurijs quorum stati● ab hos●● porrupta erat, securi add●xit. and three of each hundred of those that had given way to the enemy) for execution in that kind. Neither is this manner of Military discipline altogether unusual with martial men among us even to this day; with whom Soldiers taken tardy sundry of them together are permitted now and then to cast the dice for their lives upon the Drum-head, some of them to be executed, and some to be saved. § 14. From this use of a Lot in general spring those figurative speeches and phrases, whereby not a Iosh 1●. 1. & 16.1. jud. 1.3. Chytr●us ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eu●b. Odyss. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sors quod suum si● s●rte V●r●o de ling. Lat. l. 4. that alone that by Lot is allotted any one, but b Psal. 16.5. & 125.3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Scholar Aristoph. ●esp. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eustath. Il. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Nin● Eumaeus ex Domini 〈◊〉 d●●● ait habere se 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉- Homer. Odyss. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. S●rs & pa●●imoui●● dicitur, & quod cuique a●●iditi● sortiendo. Feft. whatsoever a man hath or holdeth, howsoever he come by it, by gift, purchase, descent, or c Etiam meresqua●si h●reditarij. Es●● 57.6. Vise In●. ibid. Si● Herat. apod. 3. L●pi● & agni● discordiam sortitò obtigisse. quod Iu. Scalig. notat Po●t. l. 6. c. 7. otherwise, is yet termed his Lot. Among the Greekes more specially d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. H● find. oper.. 1. Et, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hinc Demost. & Isaei 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, haereditas contro●●rsa. unde & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 haredes, Seru. Aen. 10. & haereditas, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. an Inheritance is most usually and universally so termed. In way of reference whereunto, as God is said to be e Psal. 16.5. & 119.57. Deut. 18.2. the portion of those that serve him, and they are said to be f Deuteron. 32.9. 1. Pet. 5.3. servi Domini in sort sunt Christi. Ambr. de Tob. c. 20. his Inheritance; so their right to glory and life eternal is said to be g Actor. 26.18. Coloss. 1.12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. their Lot, not so much, as some of the ancients have thought, h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Chrysost. ad Coloss. ho●●. 2. Quar● sot●●● nomine appellat gratiam Dei? quia in sort non est electio, sed voluntas Dei. Nam ubi merita considerantur, electio est, non sors. Quando autem Deus nulla merita nostra in●enit, sort● vol●ntaris suae seluo● nos facit, quia voluit, non quia digni sumus: hac est sor●; qua ex ●o quod gratis datur, sors vocatur. August. in Psalm 30. conc. 2. & ibid. conc. 1. Ad tu●icam Domini sort perveni. Vise & Ambros. in exhort. ad Virgins. in regard of God's free choice, as having respect to the general nature of a Lot, which neither regardeth aught in the party whom it favourably befalleth, nor is directed or determined at all in its motion by him; but because it cometh to them i Ind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Act. 20.30. Ephes. 1.14. 1. Pet. 1.4. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ephes. 1.11. non, Sorte vocati, ut vulg. s●d, In sortem adsciti, ut rectè ●●za. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Galata. 4.1.7. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ephes. 1.5. Galata 4.5. as by way of Inheritance, an eye had to the particular use of it before specified in the settling of such estates. Hence it is also that in holy writ k Micah 2.5. Non erit tibi proijciens funiculum ad sortem in congregatione Domini. jun. i Non habebis partem in hereditate justorum. Hieronym. to cast a Lot is put for to inherit: and that God is said l Esa● 34.17. Quum proijcerit sortem & distribuerit illis ad an●●ss●m. juu. fun●culo. Leo jud. to have cast the Lot upon some places for wild beasts, and to have divided Lands and Countries out unto them by line; alluding to the courses used in dividing of Land by Lot and m Pars & sorts antiquitus dividebantur per funes. Idiot. in Psalqu●m 16.6. & Cassiod. Prisco more f●niculis terrarum dividaebatur haereditas. Sic Deut. 32.9. Psal. 78.55. Ind fines dictiquasi foenes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Io. Scal. ad Varr. line among such as were appointed to people and to possess it. And in a word whatsoever betideth men, be it good, or be it evil, is said to be their n Esai 17.14. sors & pars. Sieut H●r. Ep. 1. Qui fit, M. quod nemo, quam sibi sortem Seu ratio dederit, seu for'rs obiecerit, illa Contentus vivat?- Lot and their o jer. 13.25 Sors tu●, & portio demensi tui. Si●ut portio calicis, Psal. 11.6. & 16.5. non quòd sortes in calicem quandoque mittantur, ut Delrio Mag. tom. 2. l. 4. c. 4. q. 1. sed ad sortem demensam, prout jer. 13. sive ad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 convivales illas respiciendo. allowance, in way of allusion to this divisory Lot, whereby Lands and Goods, either of inheritance, purchase, or prey, and parts or portions of diet, and rewards good and bad, have from time to time been usually parted among many. CHAP. V. Of the Lawfulness of such Lots: with Cautions to be observed in the use of them. § 1. NOw that Lots of this kind are lawful being used with due Caution, most Divines acknowledge, howsoever 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 unsound or superfluous, as upon the view and survey of some of them shall appear. In the arguments alleged for them, the general error of most Authors is (that which hath also caused much mistaking otherwise) that they confound Ordinary and Extraordinary Lots the one with the other, and so reason without reason from the one to the other: As if a man should reason from a judg. 3.21. peculiaria in exemplum non sunt trahenda. Martyr ibid. E●uds slaying of Eglon b Qu●modo Xystus 5. juditham Holophernis interfectricem, cum Monacho Regis Galli occisore committit; in Orat. habita in Patrum Consist. to the Jesuits and Romanists murdering of Princes at this present, supposing them to be Heretics and Enemies to God's Church; or from c Num. 25.7.8. Phineaz his kill of Zimrie and Cozbi, d Quo modo Gloss. ad Greg. decret. l 5. t. 7. c 5. ex Grat. de●r. c. 23. q 8. hoc ipso abutitur exemplo ad laere●●cos interfici●ndos. to the like execution done upon delinquents taken in the like act by some private person in these times; or from e Deut. 7.1.2. the Hebrews surprising of the Land of Canaan and rooting out of the Canaanites by Gods special appointment, to f Vise Fr. Victor de Indis relect. 5. §. 2. the Spaniards dispeopling of the West Indies, as they term them, in such places as they seized on; or to justify our seizing upon any other part of the world, and seeking in like manner to subdue or destroy the Inhabitants thereof. Let the Arguments of g Aret. in Problem. part. 1. loc. 67. one that hath heaped up most serve for the rest, to show how confusedly men have formerly dealt in this argument. First, therefore saith he, h Gubernantur à Des ad bonum finem. Aret. ibid. §. 4. Lots are guided and governed i Prou. 16 33. by God to a good end. True: but k 2. Cor. 12.7. Act. 15.38, 39, 40, 41. so are men's sins too guided to good ends by God l 2. Cor. 4.6. Psal. 112.4. drawing light out of darkness, and m Gen 50.20. & 45.5, 7, 8. Psalm. 105.16, 17. turning evil to good, and n Implet Deus v●luntates suas utique bonas per malorum hominum voluntates malas. Augenehir. c. 101. using man's evil will to the working and effecting of his own holy will. For o Vitiorum nosfirorum non est autor Deus, sed ordinator est. Quaedam ergò & facit & ordinat; quaedam ver ò tantûm ordinat: justos & 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, even the wickedest and the worst things, p Non fit praeur Dei voluntatem etiam quod contra ciusdem fit voluntatem; quia non fi ret, sinon sineret: nec utique 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 evil, but that he knoweth how to do good even with evil. Secondly, q Ortum à Deo habent. Aret. ibid. Deo autore usi sunt. Ibid. Lots have their original from God, who commanded r Le●it. 16. 8, 9, 10. Lots to be cast upon the two goats; and s Num. 26.55, 56. enjoined a division of the Land of Canaan by Lot. But these examples and the like simply considered, warrant no use of Lots further than in the particulars there mentioned: no more than the Commandment t Num. 21.8. given Moses to make the brazen Serpent which was u joh. 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 observes, habes logem e●us, Ne fecuris sumilitodinem. Si & praeceptum factae posteà similitudinis respicias, & tu imitare M●sem, ne facias adversus legem simulacrum aliquod, nisi tibi Deus sufferit. Tertull. ibid. will warrant the ordinary making of Images for religious use otherwise. Thirdly, x approbant Deo missae. Aret. ibid. God approved the Lots practised by y Iosh 7 16.17.18 joshua and z 1 Sam. 10.20.21 Samuel; for the discovery of Achan, and the election of Saul. True it is; God approveth whatsoever he commandeth. But God's approbation of what he commandeth, giveth no warrant for what he doth not likewise command. That which this Author himself also well saw where he saith, that a Aret. ibid. § 6. The examples of the Saints are not easily to be imitated. And again, that b Ibid. ca●t. 3. what joshua did, he did enjoined it by God, which no man may therefore take pattern to do the like by, unless he have the like commandment from God so to do. And what he saith of joshua, may be said also of Samuel. Fourthly, c In aliis casibus pij his landabiliter f●nt usi Aret. ibid. § 4. rat. 4. In other cases have godly men likewise laudably used Lots. Asin d Luk. 1.9. the ministry of Zacharie; in e Act. 1.26. the choice of Mathias; in f 1 Sam. 14.41.42. the discovery of jonathan: nor are the Lots disallowed that g jon. 1.7. the Seam●n cast upon jonas. These examples some of them, as that of Mathias his and the former, were extraordinary actions, done by special warrant: others of them, as those of Saul and the Seamen upon jonas and jonathan though not expressly condemned, yet are not allowed, neither can well be justified; and others last of them, as that of Zacharie, are of the point in question, and must by some other ground be proved warrantable. Fiftly, h Faciunt ad Dei gloriam; dum Domino deferunt judicium, etc. Aret. ibid. rat. 5. They make for God's glory; recourse being had in them to God's judgement. So i R●m 3.7. aly may make for God's glory; and yet k job 13 4.7. 1. Cor. 15.14.15. is not therefore allowable. Yea the very offering to have recourse to God's immediate judgement without special warrant is unwarrantable. Sixtly, l Controversiae litesqu● inexplicabiles ei● fi●iuntur. Aret. ibid. rat. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Schol Apollon. Argon. 2. They end great strifes and inexplicable suits. The Use of them then is profitable and commendable, if allowable and warrantable: But that is the point to be proved. Otherwise m Rom. 38. Evil may not be done that good may come of it. Yea n Vise Aug. de mendac c. 10. the least moral evil that is may not be admitted for the preventing or avoiding of the greatest natural evil, or for the archeiving of the greatest politic good. § 2. And of this nature are the arguments that are usually brought for the confirmation of the truth in this point. Which in regard therefore of the invalidity and insufficiency of them leaving to their several Authors to make good as they may, we will assay to give some sounder grounds: And for the present we will press only the testimony of Solomon, where speaking of such kind of Lots as these are, he saith, that o Prou. 18. 1●. The Lot stayeth or ●●inteth contentions or suits, and maketh partition among the mighty. In which words the holy Ghost manifestly not alloweth only and approveth the use of Lots in such cases, but commendeth it unto us as a wife and discreet course for the taking away of controversies and questions in this kind, and the preventing of law-suites or other quarrels that thence otherwise might arise. The place is pregnant, and the proof express, considering whom it is spoken by. Neither shall I need to spend many words for the present either for the further urging and enforcing of it, or the seconding of it with other arguments: partly because most Divines generally concur in the approbation of them, though their proofs be most of them impertinent; and one evident argument may well suffice in a matter not much controversed; and partly also because the point will receive further strength from the arguments that shall p Chap. 6. §. 4. etc. to the end. hereafter be produced for the next sort of Lots, which are more questionable than these. Whither referring the Reader for fuller satisfaction, we will proceed in the next place to consider of the Cautions necessarily to be observed in the use of such Lots. § 3. When therefore it is said that such Lots are lawful, it is not so to be conceived, as if the meaning were to justify every particular instance in that kind that either was formerly produced or ever hath been practised; q In omnibus re●us 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 unlawful, that otherwise are not evil; but to approve only the use of them in those cases, where by such circumstances it is not corrupted and changed. In regard whereof it is not without just cause, that those that deal in this argument, and allow the use of such Lots, are wont to annex certain Cautions or rules to direct and limit the use of them: yet herein failing not a little, in that, as their proofs the most of them are insufficient or impertinent; so their Cautions are many of them either unsound or superfluous, to wit, such as sort not either with the nature of these Lots, or with the ordinary use of them. We will first briefly consider of them, and then set down some other, more apt at least, in the room of them. The first Caution then given usually is that a Peccatur, si absque necessitate ad sorts recurra●ur. Them sum p●r. 2a 2 a. q 95. a. 8. & de sort. c. 5. Nider ad praecept. 1. c. 10. Martyr. 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 use Lots as * Omnia prius t●ntand., quam ad ludicia descendamus. Martyr. in 1. Cor. 6 Law, or b Consilio omnia p●ius e●pe●iri quam 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 justum est bellum, q●ibus necessarium; & pia arma, quibus nulla nisi in armis reliuquit●r spes. Arms, only in case of necessity, when they have tried all other courses, and where all other fail, when nothing else will serve to effect what we would have: c Thom. ubi supra. & Ale●. Alos sum. par. 2. q 185. men. 3. Otherwise to use Lots were a tempting of God. But it is not necessary to require any such necessity, since the thing that is thus put to Lot ought to be a matter of mere indifferency, as hereafter shall appear; and the course itself also is no other. Which therefore even where divers ways or courses may be to end a controversy by, may choice be made of among the rest, being as fit and equal as any of the rest. The suits mentioned by Solomon in d Prou. 18.18. the place before alleged as determinable by Lot, are such as may by other courses also, (as by arbitrement and compromise, or by condescension e Gen 13.89. the one yielding the choice to the other,) be composed: and therefore it is not necessity simply, that either enforceth or warranteth the use of a Lot in them. Neither is there in such case any tempting of God, where there is, as no need, so no expectance of any extraordinary work of God. Yea on the other side where the same is either required or expected, there God is tempted, be the necessity enforcing the Lot never so great. The second Caution is that f Peccatur, si quis absque Dei reuerenti● sortibus utatur. Thom. 2● 2 ae q. 95. a. 8. & de sort. c. 5. Martyr. ad 1. Sam. c. 10. Nider ad praec. 1. c. 10. B●din. daemonol. l. 1. c. 6 They be reverently and religiously undertaken, g Fus●s ad Deum precibus. Bed● in Act. 1. Et Orig. in josh. hom. 23. with solemn prayer unto God formerly conceived, as h Act. 1.24, 25, 26. was sometime done in the choice of Mathias. It is true indeed that i 1 Cor. 10.31. Coloss. 3.17. nothing ought to be done irreligiously or irreverently. But yet there is great difference in the religious and reverent usage of things, to be meated out and limited by the weight of the work. In regard whereof there may be no want of due reverence in some actions, wherein yet such solemnities are not observed. Again it is no less true, that we are to k Luk. 18.1. 1. Thess. 5.17. pray continually: and that l 1. Tim. 48. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Marc. leg. spir. all our actions (even the least and lightest of them, even our sports and pastimes, much more all our serious, though civil, affairs) are to be sanctified by prayer: But how? or in what manner? Not that a man is bound at each several act, as upon every bargain he maketh, or every pennyworth of ware that he selleth, to fall down on his knees and conceive a set prayer; no more than to say a new grace for each several course that is brought to the board, or each several dish that is carved at the board, or upon every other bit of meat that he putteth into his mouth. The prayer conceived at the beginning of the meal serveth sufficiently for all: and the m Psal. 55.17. & 141.2. Morning sacrifice sanctifieth the whole ordinary days work, though ejaculations, as they term them, may be seasonably used, as occasion shall require. So here usually is no other sanctification required then is common to other civil affairs: Not but that n In sacris litter is ideò preces praemissae, quia de rebus gravioribus sortes adhibita. Serar. in josh. c. 7. q. 21. prayer specially applied to the Lot may in some case be conceived, where the matter is more weighty, and the event of some consequence, as o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato de leg. l. 6. in the choice of a Magistrate, or p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- Hom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unde ajax apud ovid. Metam l. 13. - sortemque meam vovistis Achivi, E● vestrae valuere preces.- Et Liu. l. 10. Sortientibus provincias Coss. Hetruria Caruilio evenit secundùm vota milit●m. of a Combatant, in division of Land where some special cause is to affect one part before another, and the like: Otherwise q In rebus leuicul●s non est necessaria oratio. Serar. in josh. c. 7. q. 21. solemn prayer is no more necessary unto the use of a Lot, than it is to any other ordinary business whatsoever. The instance given is of a sacred extraordinary Lot. And it is no sound course to reason from extraordinary to ordinary, from sacred to civil, from some particular to the general. A third Caution is that r Vt absit superstitio & curiositas. Martyr. ad 1. Sam. cap. 10. & Aret. probl. par. loc. 67. §. 6. caut. 2. No superstition or curiosity be mixed with it: but s eventus á Deobo●isue Angelis expectetur, etc. Thom. 2● 2 ae q. 95. a. 8. & de sort. c. 4. Nider. inpraecept. 1. c. 10. the event be religiously expected from God. Superstition indeed altereth the nature of a Lot, and maketh it not a mere Divisory but a Divinatorie Lot: for the paring whereof away therefore some Caution may seem needful: as we shall afterward see. For the latter Clause: to expect the issue and event of it, as by ordinary means from God, is common to all actions: to expect it by an immediate and extraordinary work is no more lawful here then elsewhere, yea is indeed mere superstition, as hereafter we shall show. The fourth and fifth Cautions are that t Ne in illicita inquiramus, etc. Aret. ibid. caut. 3. We inquire not into things unlawful by Lot: as what is become u josh. 7.16, 17, 18. of goods stolen or lost; or * Ne in futura. Aret. ibid. to foretell what shall be: for that is to turn lottery into Sorcery. But such Lots as these are merely Divinatorie, (no Divisory Lots) of which severally by themselves. A sixth Caution, that x Ne divina oracula ad terrena negotia convertantur. ex Aug. epist. 119. c 20. Thom. p. 2a 2 ae q. 95. a. 8. Nider. ad praecept. 1. c. 10. Martyr. ad 1. Sam. c. 10. We use no texts of Scripture in our Loteries. It is true indeed generally of all actions, that holy things are not to be applied to profane uses. But the abuse here touched is in divinatory Lots, simply unlawful, whether such sacred things be used in them or no. A seventh Caution is, that y Ne in electionibus ● Ecclesiasticis, etc. Thom. sum. par. 2a 2 ae 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. ubi Honorius 3. Quod Pontificem ex vobis unum elegistis per sortem, nota non caret: quinimò multa reprehensione dignum est, quod sors in talibus interuenit. Et post, Sortis usum in electionibus perpetua prohibitione damnamus. They be not used in Ecclesiastical elections: for in temporal dignities or offices they may. And why not in those as well as in these, where the people or persons that have power to choose are divided in their choice, and the Competitors generally held equally fit for the place? that which z In pastorum Ecclesiae vocationibus uti licet. Dan. de Iud. al●ae. ca 9 Qua in re Scriptures saecris repugnet, non liquet. Lavat. in Prou. c. 16. others also of good note grant, and * Si prohibitio juris positivi secludatur, non video peccatum aliquod, etc. Caietan. sum. tit. de sort, Si contentio esset de aliquorum electione, & esset parit●● utrobique, scripserunt Laurent. Raimund. joan. & Cancel. quod possent fieri sorts. Sed hoc repr●batur in extrau. unde Hostiens. & Goff dieunt quod non posset fieri sine autoritate Papae. Astesan in sum. l. 1. tit. 14. divers Popish ones too, save for the Pope's prohibition. The eighth and last Caution is that a Vt fraus & dolus malus absit. Martyr. in Sam. c. 10. Aret. problem. part. 1. loc. 67. §. 6. ca●t. 5. No covin or crafty conu●iance be used in them: like that which b Ex Pausania Aret. ibid. Temo the Priest used in deciding a controversy between Cresphontes and Aristodemus his issue. For the story here touched, it is diversly reported by Authors, and in some particulars mistaken by him that allegeth it. We shall have occasion c Infra cap. 12. §. 6. hereafter more particularly to relate it. Meanwhile this may suffice, that, howsoever that which is here touched and the like guileful courses are unjust and consequently unlawful, especially where both parties have an interest in that that is to be shared: For I dare not condemn Caesar's slight who in punishing of his mutinous troops, where it was in his own power to slay or save whom he would, k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dion. Cass. ●. 41. carried the matter so cunningly, that the Let lighted on those that had been faultiest and forwardest in that business. Howsoever, I say, such injurious and cozening conveyances are unwarrantable: Yet this Caution seemeth needless, because the very nature of a Lot excludeth all such courses: and therefore to give 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 lawful Lot. For where the event is determined by such counsels or courses, there is there no casualty, and so consequently no lottery. Whereas the Question is here how a man may lawfully use a Lot, not whether he may not use some other course in steed of a Lot, when he pretendeth to use it. § 4. These are most of the Cautions most commonly given; in steed whereof, because the most of them are not so material, it shall not be amiss to propound some other that may more precisely limit the use of this kind of Lots, and meet with the abuses most usual in such. Now these Cautions may be referred to two heads; they concern either the matter wherein they are used, or the manner of using them. Concerning the matter or businesses wherein Lots may lawfully be used the rule of Caution in general is this that Lots are to be used in things indifferent only. Which Caution that it may be the better conceived, a word or two will do well for the explication of the word Indifferent used 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 used in things indifferent only, they may not be used at all. True it is that in the Schools there are two received Axioms that may seem the one to cross the other, to wit, that l Omnis actio est adiaphora. Every action is indifferent; and that m Nulla actio est adiaphora. Vise Gerson. in regul. mor. No action is indifferent: which seeming contradiction they yet salve with a distinction of n Omnis nuda; nulla vestita. naked and clothed, that every naked or bare action simply conceived 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 nearer home to that we have now in hand: The word indifferent may be taken two ways, either as it opposed to Good and Evil, and more specially to such actions of virtue and vice as deserve more special either praise or reproof; or as it is opposed to necessary good duties, such things as must needs be done, and so consequently also to Evils simply forbidden, which in that regard may in no wise be done. In the former sense is that said to be o Omnia aut bona sunt, a●t mala, aut indifferentia: quod nec bonum nec malum est, sequitur ut medium sit. Senec. epist. 118. Indifferentia dico. quae Graeci 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocant, quae nec bona, nec mala sunt. Idem ep. 83. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 indifferens sive medium, quod nec bonum nec malum est: quod nec in bonis ponitur, nec in contrarijs. Cic. de fin. lib. 3. indifferent, that is neither good nor bad, neither lawful nor unlawful. In this sense albeit many p Indifferentia sunt morbus, paupertas, etc. Senec. ep 83. Indifferens est actus omnis à ratione non procedens. Thom. sum. par. 2● 2 ae, q. 18. a. 9 Id medium atque indifferens v●camus, quod tam malo contingere quam bono potest. Senec. ep. 118. natural actions not proceeding from reason, and therefore coming not within compass of the Moral law, as for a man to talk or walk in his sleep and the like, are in that regard merely indifferent, no Law being given of them that may be observed or transgressed in them: As also howsoever q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quaeper seize ipsa neque honesta (malè vulgo, inhonesta) sunt neque turpia, sed perinde ut aguntur, ita aut probanda fiunt, aut reprehendenda. Gellius noct. Attic. l. 2. c. 7. many actions in general 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 evil, nor yet so absolutely evil but that in some cases and with some circumstances qualified they may not only become good, but prove even necessary duties: Yet nevertheless most true it is, that r Vise Thom. par. 2a 2 ae, q. 14. a. 9 & q. 21. a. 1.2. Quicquid facimus, aut malitiae, aut virt●●tis gerimu● imperio. Senes. ep. 107. no particular moral action, or no action of the reasonable Creature proceeding from reason, can possibly be so indifferent, but it must of necessity be either conformable to the rules of Gods holy word or disconformable thereunto. In common speech indeed 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 necessary, yet s Medium est, quod nec in virtutibus 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 praevaricatorem, nec glorificant autorem. Bern. de precept. & dispens. are not greatly praiseworthy, because there is no special matte● of goodness in them, as for a man to eat when he is hungry, to drink when he is athirst, t 1. Tim. 5.8. to provide carefully for his own Family, u Matth. 5.45.46. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Quid magnifici est se amara, sibi parcere, sibi acquirere? Sen. benef. l. 4. c. 14. Si quid amicum erga benefeci, aut consului fideliter; non videor meruisse laudem, culpa caruisse arbitrer. Plant. trinum. act. 5. scen. 2. to love those that love him, and the like, which yet in strictness 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, sive imperet pater, sive non i●peret; ista nec fi imperet: in medijs solummodò parendum. Id quod I●an. Sari●h. polyer. l. 6. c. 12. Quaedam ita necessaria sun●, ut mandatum nec exp●ctent; alia sic detestabilia, ut manda tum non admittant: 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. not necessariò facienda, nec necessariò vitanda. Ibid. loc. 23. reg. 2. quae nunc usurpare, nunc omittere, indifferenter liceat. Calvin. institut. l. 3 c. 19 §. 7. Things indifferent, neither simply commanded, nor forbidden, but left free. Fenner of recreate. rule spec. § 4. that is good and lawful to be done, but is no necessary duty, that may either be committed or omitted, done or left undone without sin. And thus are many particular actions indifferent. The ground whereof is this; because the Law of God though it bind the Creature guided by reason x Praecepta negativa ligant semper, & ad semper. to do nothing but what is good, and to do good at all times, yet y Praecepta affirmativa ligant semper, sed non ad semper. Thom. par. 1a 2 ae q. 71. a. 5. & q. 100 a. 10. & q. 88 a. 1 & par. 2a 2 ae q. 3. a. 2. & Gerson. in regul. moral. it bindeth him not to do 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 choice whether of them he will do, being not necessarily tied unto or enjoined any one of them: As for a student having divers books about him in his study it is indifferent to choose one this or that, refusing the rest, for present employment, there being no special occasion to urge the use of one more than of another: Or z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. de Stoic. contradict. for a man that carrieth a pair of knives about him, it is indifferent to draw and use 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 choose or refuse ●●ther do or leave undone. § 5. Now this Caution divideth itself into two distinct branches according to the divers quality of those things that oppose to, or swarm from this indifferency. The former is that Lots may not be used in aught evidently unlawful or in itself evil, either in the omission of some necessary good duty, or in the yielding to aught simply wicked, ungodly, or unjust, and so consequently where at the present it is evidently apparent upon other grounds what a man ought to choose or to refuse. For a Lot, as we have seen, is casual: and to put a necessary act to a casual event, cannot be without sin, since it maketh that casual and contingent which God's law maketh necessary. * 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 do it or no, for which he seeth and knoweth already good grounds why he should do it or not do it. What a man seeth evident grounds against, that he may not do: and look what he may not lawfully do, that he may not put to hazard whether he shall do or no. And on the other side what a man seeth necessary ground for, that he is necessarily bound to do: what he is necessarily bound unto, he may not refuse or forbear to do: 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 Commonweal, whereof some are fit, some are altogether unfit for it, or some fitter, some less fit with very manifest difference, in this case for those persons in whose power it is to call and admit thereunto, a Peccat, qui sortesiacit ad electionem beneficij Eccles. nullo prius habito id●neorum delectu. Martin. Navarre. manual. c. 11. §. 38. Iniqua est sortitio, ubi de officijs public●s digni cum indignis sortes mitterent: poss●t enim sors indigno favere, cum damno publico, & digniorum iniuria. Delrio. disquis. mag. l. 4. c. 4. q. 1. to put it to Lot amongst them all, which of them shall have it, were utterly unlawful: For it were to hazard the binding of themselves to do that which they ought not to do, as it may fall out, to accept of one either wholly unfit, as it fell out when the High-preisthood was once so put to Lot, b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. joseph. captiu. l. 4 c. 12. the Lot lighting on a silly rude Clown, that for simpleness scarce knew what the High-preisthood meant, and became therefore a scorn to all sorts; or not so fit as were fit where better choice may be had; as c Sors ad parum idon●es deerrabat. Tacit annal. l. 13. in some offices at Rome it came sometime to pass: Since d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist●t. Rhetoric. lib. 2. cap. 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philo. de constit. princip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Isocr. in Areop. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Chrysost. ad Ephes. homil. 2. In sort● non est electio: ubi merita considerantur, electio est, non sors. August. in Psalm. 30. Sorte & urna mores non discerni. helvidius apud Ta●it. hist. lib. 4. In sort eventus est, non judicium, & saepe irrationabili casu sort melioribus ultimus quisque prafertur. Ambros. hexam. lib. 5. cap. 21. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philo de constit. princip. the Lot maketh no difference of good or bad; nor taketh any notice of the fitness or unfitness, * Sicut aleae, sic & curiae casus delectu carens, digni● & indigni● aequè respondet. Gyraeld. Itineral. Cambr. praesat. 1. Fortuna dignum atque indignum nequit internoscere. Pacu●. apud Cornif. ad Heren. lib. 2. §. 41. of the worth or unworthiness of those that be put together upon it. In which regard though e Et Isocrat. in Areopag. laudat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et de apibus Ambros. he●am. lib. 5. cap. 21. Rex non sort ducitur. many worthily condemn such promiscuous Loteries, and prefer for the most part, and that justly, other courses of election before that by Lot: and f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Demost in Midia. ad quem lo●um Vlpia. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et Vlyss●s apud ovid. met. 13. Est a●iquid de tot Graiarum millibus unum A Diomedes legi. ●●c me sors ire iubebat. Et Plin. Ep. 24. lib 8. Ne sort, quem judicio missus videaris. it is generally accounted a greater credit for a man to be elected then to be allotted to any place of employment: yet g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist polit. l. 6. c. 3. Sorts licitae sunt quibus functiones certae viris idoneis tribu●●tur. Lavat. in Prou. c. 16. where divers Competitors are judged alike fit, or are all fit in some good competency though with some small inequality, so that h Vbi impossibile esset ut sors aberraret. Bulling. in Act. 1. quia nu ● 'em tunc est periculum, quacunque s●rs exe●t. Bellarm. de cler. l. 1. c. 5. howsoever the Lot fall, it cannot light amiss, that as he said sometime, i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Cyrus' apud Xenoph. Paed. l. 8. though a man should cast blindfold at them, he could not miss but hit a good man, there were it not unlawful to dispose a place or office, were it civil or sacred, by Lot among such; especially when there shall be much labouring and contending for divers by sundry persons on either side engaged, who may all by that means be quieted, and some one picked out and pitched upon 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 k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist p●it. l. 4. c. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato de leg. 6. Jude 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicti qui a●sp●m sortis admitt●●tur ●ud. in comment. Hi●● D●mosth. in Eu●ulid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. an election before the lottery, that the lottery might go only among such as were of some sufficiency, so again after the lottery there was a public * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pla●o de leg l. 6. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aeschin. in Cresiph. Hinc orationes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et D●m●sth. in Mid●am, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et de Thesmothetis Libanius in Androt. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sed & Senatum quisqu● ingressus, juramento adigebatur, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, id indicare. Lysia● in Philon. trial of them, and an inquiry made into the courses and abilities of such as the Lot had lighted on, that if they were found insufficient or faulty they might be rejected, and l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 inde dicti: de quo priu● cap. 4. §. 6. others taken in in their steed. Besides that those places that required some special kind of skill, military, musical or the like, either were m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. polit. l. 6. c. 2. Sic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & militares reliqui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato de leg. l. 6. Sic & athenians. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Pollux l 8. c. 8. § 7. exempted wholly from lottery, or the Lot went n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plat. leg. l. 6. Hinc Lysias in Alcibiadem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. among such only, as upon due trial were found to be expert in that particular. Neither was there great diligence used without just cause in this kind: for o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Socrates apud Xenoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 1. Cui geminum illud Philonis de constit. princip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; etc. if men would be loath by Lot to take a Physician when they are sick, or a Pilot when they are to go to sea, of whose skill they have not had some good trial before, or assurance otherwise: much less were it fit by Lot, without further inquiry, to commit the helm of the estate and the life of many hundreds into the hand of any one hand-over-head that the Lot might light upon. Again for private men in some danger and distress weary of their lives to cast Lots, as p joseph. captiu. l. 3. c. 26. & l. 7. c. 35. they sometime did, who shall slay either other, were unlawful: because a plain breach of God's precept: or where two Malefactors are condemned to death, but the one is to be spared upon some special occasion, as q Matth. 27.15. Mark 15.6. Luk. 23.17. with the jews where some offendor was given them to grace their feast, (I stand now to discuss the lawfulness of that course, but taking it to be granted that some one is upon good ground to be spared) here r Oportet ut par sit sortientium reatus. Delri●. disq. mag. l. 4. c. 4. q. 1. Alioqui, Sortiri ad poenam, atque hominum delictum fortunae judicio committere, minimè censorium est. Cic. pro Cluent. if the parties be unlike, the one a debauched Rogue that hath been before oft in the like villainies, the other but a Novice newly fallen to the trade, and the present his first known offence; or the one an obstinate and desperate wretch, the other penitent and not unlikely to prove an honest man afterward; for the public Magistrate it were unfit here to put it to hazard whether to spare or to punish: whereas in war, as before, when a whole band hath offended, s Ne in bello propter hostium metum miles deficeret, amplier ei mortis & supplicij metus est à maioribus constitu●us: ne autem nimium multi poenam capitis subivent, idcircò illa sortitio comparata est. Cic. ibid. Sic enim fieri posse, ut poena ad paucus, exemplum ad multos per●eniret. Donat. in Scipion. where the cutting off of all would be too great a maim to the whole, and again passing by all would be a matter of evil example, here time being not afforded to consider of particulars, who may best be spared, or who are worthiest to be punished, all alike deserving death, and being in the power of the General to put all to death, it is lawful for him to tithe them, as we said they did sometime, and by Lot to decide who shall be saved, who slain. In matter of alms and liberality, for a man to make Beggars usually as he meeteth them, draw cuts for his money, were to play and make sport with his alms and his prodigality (for that term would best fit it,) as t Solitum A●tiochum Epiphan●m, vel Epimanem potius, effusis per viam publicam nunamis dicere, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ex Pt●lom. Euerget. comment. l. 5. Athenae. l. 10. the mad Antiochus sometime did, and as u Pauperum vita in plateis di●ilum seminatur. Argentum micat in luto: accurritur undique: 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 avarum te Deus, nec profusum vult: collocare te vult quae babes, non pr●ijcere. Aug. the 10. chord c. 12. Beneficia nec in vulgus effundenda sunt; & nullius r●●, mi ●imè benefici●rum, bonesta largitio est: quibus si detra●cr● judicium, desinunt esse beneficia, in aliut quodlibe● iucidunt nomen. S●●ec. benef l. 1. c. 2. that aught to be disposed of by advice: Or again where two Persons in want crave that relief of a man which but one of them can have, it being apparent that the one hath far more need than the other, and is nearer to the party in whose power it is to dispose of, for him to make them draw cuts for it in this case were not warrantable, because he may evidently see here x 1. Tim. 5.8. whether is rather to be relieved, and may not therefore hazard the defeating of him. But for those that be in office to avoid the clamour of many much alike poor suing for some pension, to cast Lots among them which shall have it for the present, and which expect it hereafter; or y Si cum tibi abundaret aliquid, quod oport●ret dari ei qui non haberet, nee duobus dari posset; occurrerent duo, quorum neuter vel indigentia, vel crga te aliqua necessitudine superaret, nibiliustius fac●res, quam ut sort eligeres, cui da●dum asset, quod dari utrique non posset. Aug. de doctrine Christ. l. 1. c. 28. for a man that hath a tool of some trade which two poor men of that trade are Suitors to him for, there being no ground for him to pleasure the one rather than the other, here likewise by Lot to determine whether of the twain shall have the tool, were neither unlawful nor unfit. § 6. And thus was the former branch of this Caution that Lots are not to be used either in necessary duties or things in themselves evil, such as may evidently at the present appear to be such. The latter branch is that Lots may not be used in such things, though not otherwise in themselves evil, where by consequence the use of them may in likelihood prove Inconvenient or Inexpedient. The reason is apparent; because z 1. Cor. 6.12. & 10.23. Est aliquid quod 〈◊〉 oporteat, etia●s● licet. Cic. pro Balb●. Quid decoat vos, non quantum liceat vobis, spectare debetis. Idem pro Rabir. things indifferent and such as are good and lawful in themselves, become unlawful unto us when they grow Inconvenient or Inexpedient in the use of them. In matters therefore of indifferency that of themselves are not evil, yet are such as by some circumstance they may easily become evil, great regard ought to be had of the conveniency and expediency of them. Where under the head of inconveniency I comprehend all such things, as may tend to any outward evil: unto the head of Inexpediency I refer all such things as may bring a man within danger of some spiritual evil. For the former point of Conveniency and Inconveniency the rule is, that because things in themselves otherwise lawful and warrantable may seem Convenient in some respects, and Inconvenient in others, that therefore where the conveniences and the Inconveniences shall be laid in an even balance of equal and indifferent judgement, either against ' other the action is to be deemed either Convenient or Inconvenient, as the one side shall appear to weigh down the other: that is to say, The conveniences being more or weightier make the thing questioned Convenient, the Inconveniences being more and weightier make it justly deemed Inconvenient. To apply this to the present; In the Use of a Lot about a matter of itself otherwise not evil, if the conveniences shall be so many and so weighty on the one side, that they may well weigh down whatsoever Inconveniences may be produced on the other side, there the action is Convenient, and a Lot therefore lawful: but chose where the Inconveniences that shall necessarily or in good probability appear to accompany the thing questioned or ensue upon the doing of it shall be such and so great, as the conveniences that stand on the other side shall not be able to countervail, there the action is worthily disallowed as Inconvenient, and a Lot consequently unlawful. Thus in public affairs for the giving of some few private men contentment to admit a Lot where the admission of it may in likelihood prove prejudicial to the public, were an unwise course and an unwarrantable, because the public weighing down the private maketh the action inconvenient. Where it is worth the observing that albeit among the Romans the ordinary employments of their Officers, and many other affairs were ordered oft-times by Lot, yet a Sic cum Annibal ad portas, Bellum cum Annibale Coss. mandatum: Liu. l. 24. ann. 541. Consulibus belium cum Annibale & binae legiones decretae: Prae●ores provincias sortili sunt: Liu. l. 25. ann. 542. Italia ambobus provincia decreta. jaen l. 27. ann. 545. & 547. & 548. Sic Ausonum bello, Omni ope annixi sunt, ut ma●imum ea tempestate Imperatorem haberent, & ne forte casu erraretur, petitum ab Coss. ut 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 sort. Ibid. ann. 276 Sic Martio novi hostes devernuntur. Idem l. 9 ann. 448. Sic Coss. ambobus quaestio de clandestinis coniurationibus decreta est. Idem l. 39 ann. 568. Sic Augustus provincias 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. provincias sortiri parantes, cum bellum produci animadu●rterent, quod rebus vix dum inc●oatis Imperatores au●carentur, cohibuerunt patribus adnitentibus Tribuni, & Quintio imperium prorogarunt: ut Liu. l. 32. ann. 557. Provinciae quae in bello decretae. Idem l. 41. ann. 577. when any extraordinary accident fell out, or any business to be dispatched of more special weight, they either left wholly than their lottery, or b Quas provincias Praetoribus esse placeret, Consul ad Senatum retulit: decreverunt duas Romae, duas in Italia, duas extra Italiam; & extemplo sortiri iussi, Liu. l. 38. ann. 567. Nominatae iam antea Coss. provinciae 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 decrevit ut Coss. duas Gallias sortireutur. Cic. ad Attic. Epist. 14. His ita in Senatu, ad id, qua cuius provincia foret, decretis, tum demum sortiri Coss. placuit. Liu. l. 36. limited the course of it (which yet c Coss. cum iam minus terroris à paeni● esset, sortiri ius●. Liu. l. 26. ann. 543. after when things were quieted and settled they returned again unto) and though those in office themselves d Italiam & Africam in sortem con●ci, ambo Africam cupientes volebant: populus rogatus quom vellet in Africam bellum gerere, Scipionem jussit. Liu. l. 30. Coss. ut Macedoniam cum Italia sortirentur petelant: ambobus Italia decreta. Ibid. 32. desired, yea e Decius iniuriam querebatur, irrita sieri fortunae arbitria: omnes ante se C●ss. previncias sortitos, nune extra so●tem Fabio Senatum dare provinciam: cui d●bium esse, ubibellum sit asperum & difficile, cum id alte● extra sortem mandetur, quin alter Consul pro superua●aneo a●que inutili habeatur? Liu. l. 10. urged it and instantly called for it, that they might not seem contemned, as being balked and rejected, and others in the State-seruice preferred before them; yet f Populi consensu Hetruria extra sortem Fabio decreta est. Ibid. the regard of the common good prevailed so far with them that they would not hearken unto them to put that to the hazard of a Lot, where the event might prove much inconvenient, which otherwise ordinarily they did. That is not true therefore that one of our Writers saith, that g Clem. Edmund on Caesar's comment. l. 1. c. 20. Rome directed the main course of her government by the Fortune of this mocke-destinie. For neither were the Officers themselves ordinarily chosen by Lot, neither did they retain the use of it in matters of special weight or difficulty: the only constant use of it was in dividing the Provinces and jurisdictions, as if the judges with us should cast Lots for their Circuits; and the two in each Circuit whether should sit upon private suits, and whether upon public pleas. Which course also as they broke, where the employments were of more special importance; so, if in using the Lot, it fell not out so, as seemed behoveful for the State, h Mummio Praetori Sardinia e●enerat: sed ca propter belli magnitudinem consularia f●cta est. Liu. l. 41. ann. 577. Baebio & At●ilio primum Senatus consulto, deinde plebis etiam scito permutala prouinci● sunt. Idem l. 35. ann. 562. Hostilio iurisdictio urbana e●enerat: addita & peregrina, ut tres in provincias exirent. Idem lib. 27. ann. ●47. cum de Consularibus m●asors prima exisset, una v●ce Senatus frequens retinendum i● urbe cemsuit; hoc idem post me P●mpris accidi● 〈◊〉 ut nes duo quasi pignora reipublicae r●tineri videamur. Cic. ad Attic. Epist. 14. Fabiam Pictor●m Flamine●● Quirinalem cui Sardinia provincia ●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 do, to control the lottery, and to dispose of things otherwise. Thus again howsoever it were not unlawful simply, for many to join together in a lottery (as well as in a free contribution, which i job 42.11. jobs friends sometime did) for the raising again of an honest man by crosses and casualties fallen behind hand: yet for a State to give way to public courses in that kind k Decoctores quidam in blanchiss, ut aiunt, suis sortibus utuntur. Post el. de Magistr. Athen. c. 8. A notable abuse so used. Perkins of witchcraft. for the raising and enriching of some one decayed Banckrupt' by the probable damage, yea and impoverishing of many others, that out of hope to gain great matters may wring and wrong both themselves and their whole families thereby, may well seem scarce warrantable, considering the hindrance of many therein procured for the helping of some one. Thus lastly how soever in goods bought in common, because l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato de leg. l. 6. men may be many times contentiously minded, and ready to take discontent even in the equalest courses; yea because men commonly in these cases m Fertilior seges est alien●● semper in aruis; Vicinumque pecus grandius uber habet. ovid. art●● l. 1. Aliena nobis, nostra plus aliis placent. P. Syrus. are wont to think that better, that goeth from them, though indeed it be not so; and that less that cometh to them, though it be the better part; when division hath been made with as much equality as may be, or with such inequality as they shall both agree upon, it is a course not lawful and convenient only, but even laudable and commendable, for mutual satisfaction, by Lot to assign each one his share: yea how soever in this, or in the like case; when a man's goods are so mixed with another's in whose hands they both are; it were not unlawful 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 means, if it lay in his power, be at odds with the thing itself being no other than he may well forego; yet for a man in such a case to put that to the hazard of a Lot, when he may otherwise recover it, which his estate will not bear, or may be otherwise more prejudicial both to him and his, were not lawful, because the damage that thereby might accrue, would be greater, than could free such an action from imputation of evident inconvenience. § 7. For the latter point of Expediency and Inexpediency the general rule is, that that which is no necessary duty, but a thing indifferent only otherwise, may not be done, where there is strong presumption upon good ground, that it shall spiritually endanger a man's self, or others, by giving occasion of sin unto the one or the other. I except necessary duties; because such are not to be omitted, though they may be occasion of sin unto others, or though we ourselves cannot do them without some sin. n Matib. 10.27, 28, 34, 35, 36. & 15.12, 14. ● Not for the sin of others; for there is no duty so holy but that many may and will take occasion of evil by: even o 2. Cor. 2.16. the ministry of the word turneth to the evil of not a few, which yet is p 1. Cor. 9.17. Ezech. 2.5.6.7.8. not in that regard to be neglected or omitted, because man's corruption cannot free any from the employment that God enjoineth him. Nay, nor for ourselves and our own sins are such duties to be forborn. For than should no good work at all be done of us; because q Rom. 7.15, 16, 17, 23. & 8.26. we can do none so, but that some sin will stick to us in the doing of it. r Wootton answ. to Pop. Art. 2. As a diseased Person therefore ought not to forbear his food, and by fasting to starve himself (as f Mihi stat alere m●rbum d●s●st●re. Corn. Nepos in Attict vita. Pomponius Atticus t Cib● abstinebat, & admou●nti m●dico, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, dixerat. Plin. Secund. Epist. 12. l. 1. and Corelius Rufus, absurdly sometime did,) because u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hippocr. Aphor. § 2. aph. 10. in feeding his body he shall withal feed his disease; nor a melancholy man is to pine himself to death, because where he is, he can come by none but melancholic food, such as is not so convenient for a man of his constitution; but is to use such as he can get for the preserving of life where no other can be had: so in this case men are not to give over hearing the word, praying, participating in holy things and the like, because they cannot hear so attentively, pray so devoutly, receive so reverently, and religiously as they would and should; but * 2. Chron. 30.18, ●9. endeavour to do all such good duties as God requireth of them so well as they can, leaving the issue and event of the work to the good providence of God in regard of others, to his gracious acceptance in regard of themselves. But in things indifferent, and such as are no necessary duties, x Matth. 18.6, 7. 1. Cor. 8.9, 10, 11. for a man to do that which in great likelihood may spiritually endanger an other, is to make himself guilty of soule-murther; y Exponere se periculo pecca●i, est peccatum. Bonavent. in 4. dist. 17. Gerson. in regul. mor. Caietan. in sum. to do that which may spiritually endanger himself, is to make himself guilty of self-murder. And surely, if it be unlawful and z Matth. 4.6, 7. a tempting of God for a man needlessly 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. to plunge himself into danger of death in regard of his body; it is no less unlawful, yea a far greater sin rather, for a man to do the same in regard of his soul. Besides that God's commandments not only forbid sin, but even 2 Cum virtutibus & vitijs sanciuntur & vetantur tria ista, causae, occasiones, media. Alsted. system. theol. l. 2. c. 3. §. 2. can. 7. whatsoever may be a means and an occasion of sin, though it be not sinful of itself. Needless therefore and unnecessary Loteries though in things otherwise not unlawful, where they are likely to cause, or by experience are found to occasion much sin, are so far forth unwarrantable, because in that regard inexpedient. In respect whereof howsoever it were no unwarrantable course, in a matter of common or public benefit, as the reparation of a bridge, re-edifying of an Hospital, erecting of a school or the like, for divers men of good ability to agree among themselves to put it to hazard what sums each of them shall disburse or dispend toward the discharge or support thereof, the sums being no greater than the estate of any of them may well bear, when they cannot readily agree upon a rate otherwise; as also for the better encouragement of either other in that kind, in common equally to contribute toward the price of a jewel, or some one of them to convert his part into some such commodity, to be conferred upon some one of them so contributing, whom by Lot it shall light to, their minds and states probably known either to other, I see here no reason why it should be unlawful. But for a man in this kind to put that to hazard which he knoweth or probably suspecteth that he shall be unable well, or unwilling on such terms to part with; the loss whereof in that regard may either disable him to the doing of other necessary duties, or distemper him and so make him guilty of sin in God's sight; or to join with others needlessly in such an act, much more to draw them in and incite them thereunto, whom he knoweth not upon good presumptions to be both able and willing; by means whereof they may be occasioned to sin 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 given by it of much evil; I cannot see how a man should be free from sin in so doing; neither can I conceive with what comfort of conscience a man can receive or retain what a Lot in such a case shall cast upon him, coming in all likelihood in part out of the purses of those, as either are altogether unable to part well with such sums, but have strained themselves thereunto out of a greedy desire and hope of lucre and gain; or being unwilling to lose and to part with what they put in, do in that regard wretchedly curse and blaspheme God's name for the loss of it. * Nonfaci●● adducor licitum consentire, quod tot parturit illicita. Bern. de consider. lib. 3. Which occasions of evil being seen or foreseen, cannot but make such Loteries unlawful to all those that partake in them, in regard of the inconveniency, and inexpediency that is in them. The more able therefore and willing a man may be to sustain such loss as by Lot may befall him, the lawfuller the Lot is. And the better known 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 event of Lot is casual: but the doing of Gods will in the avoiding of things evil either in themselves or by consequence is necessary: and therefore no sit matter to be put to the casual event of a Lot. Again the use of a Lot is to determine some question or doubt: but no question ought to be made or doubt to be moved, of the committing of any moral evil, or the omitting of any necessary good duty, of the doing what God forbiddeth, or the not doing what he enjoineth: no Lot therefore may lawfully be used about such. Lastly what a man may not do though a Lot should determine it, that it is in vain to put to the determination of a Lot: but a Nihil inhomestum promit●as: quin siquid promiseris, tolerabilius est promissum non facere, quem facere quod turpe sit. Ambr. office l. 3. c. 12. Tolerabilius talisacramento periurium. Ibid. juravit david temerè, sed non implevit inrationem maiore peitate. 1 Sam. 25.32. Aug. de divers. Serm. 11. for an oath, to observe it, a man may not do evil; much less for a Lot: such things therefore may not be put thereunto. Whereas therefore all moral actions are of three kinds in relation to God's law, b Praecepta, prohibita, permissa. some simply enjoined, as are all necessary duties, some simply inhibited as are all moral evils, some freely permitted and left to our choice, as are all actions indifferent: the rule here is that a Lot hath his lawful use c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Chrysipp. office l. 6. apud Plut. de Stoic. contrar. Sors enim est. res incertissima, qua res graves quaelibet 〈◊〉 possunt definiri. Baro. in jon. c. 1. in indifferent things only, such as may without either offence or inconvenience be done or left undone. In regard whereof the greater the indifferency is in the event of it which way soever it fall out, the more lawful the Lot is: and so (contrary to that which is commonly delivered and almost generally received,) the less weighty the matter is wherein a Lot is used, the lawfuller the Lot is. § 8. Now these Cautions were concerning the matter wherein Lots are used: there follow two other concerning the manner how they are to be used in such matters. Where the former Caveat or Caution is that a man be willing to forego and part with what he putteth to the hazard of a Lot: as before for the matter itself, that it be such as he may be willing to part withal: (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 party in such an action, that he be willing ', if it shall so fall out, to sustain some loss, and so much loss, as may befall him by the Lot. The reason is evident: because otherwise a man doth that unadvisedly that may afterward discontent him, and be an occasion of sin to him. Again that which is put to the hazard of a Lot is in a manner foregone, so far forth, as it is put thereunto. A man ought therefore to be willing to forego that, if the Lot shall put it from him, which he is content to cast upon 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 known right, because he may in some cases commit it to such hazard? or may he not in such case lawfully desire to obtain it? I answer: As c 1. Cor. 6.7. a man is bound not absolutely but conditionally to depart with his right, when a greater evil may ensue upon the recovery of it by such means as he hath only to recover the same by, though he may lawfully otherwise desire to obtain it: so in this case where a man is willing rather to lose it, then to seek it by other courses, and as willing to put it to the hazard of a Lot as to lose it, (for else were it a folly for him to put it thereunto) he ought to be no less willing, having yielded so far, to part with it, when it shall be so past; howsoever he might otherwise not unlawfully desire, what he might lawfully retain, if with conveniency 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 forego upon the like terms without it. § 9 The last Caution is that no d Intentio non sit inquirere voluntat●m Dei modo extraordinario; quia talum dus ●mni● è est incertus. Delrio disq. mag. tom. 3. l 4. c. 4. q. 1. special or immediate decision, no extraordinary work be expected from God for the directing of the Lots in a certain course: nor ought concluded to that purpose out of the event of them. For d Peccatum est tentationis Dei exp●tere a●que exp●ctare à Deo ut ipse sortes dirigat, quando ipse id se facturam non promisit. Bellarm. decler. l. 1. c. 5 to expect any such thing is to presume of more than God hath promised: seeing that e Sortibus affu●urum se minimié repromisit. Delrio. mag tom. 3. l. 4. c. 4. q. 1. he hath no where promised any special providence in such cases, to do men right by such means, to justify their quarrels, to direct the Lot as the equity of the cause shall require, or to interpose himself and his providence in such courses otherwise then in any other of our actions, be they casual, contingent or necessary. And therefore to put aught to hazard with expectation of such an act of God's providence 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 trial of it is to tempt God; I mean, to put aught to the hazard of a Lot to this end, thereby to try whether God will in such special manner interpose himself for our benefit, the recovery of our right, or the clearing of our cause; that is in effect, whether he will extraordinarily work for us at our will. Which therefore as to presume or expect before hand without good ground is hardly religious; so to conclude aught to that purpose afterward from the issue and event of it, is undoubtedly superstitious. In Lots therefore of this nature, e Contingit aliquem divisoria sort uti, non quasi requirat divinum judicium, sed quasi committat fortunae. Thom. desort. c. 5. & Lyra in Prou. c. 16. the thing hazarded must be put wholly to f judice fortuna cadat alea. Petron. satir. Fortuna sit optionis judex. Cod. just. l. 2. tit. 20. & lib. 6. c. 43. leg. 3. the casual or uncertain event of the Lot in regard of the act of the Creature, though g Visatur Malder. de superstit. c. 7. dub. 9 not excluding the providence of God from the action, no more then from other civil affairs managed by counsel and advice; (which he may also, if the thing be weighty, be entreated by prayer to interpose, but so far forth only as he shall see fit) yet h Minus ergo solidum quod Plato de leg l. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sed & quod Aug. Epist. 180. Qui maneant, qui fugiant sort legenda, etc. quia Deus melius in huiusmodi ambagibus, quám homines judicat. Sed & quae Delrio l. 4. c. 2 q. 3. § 1. contra suam ipsius alibi sententians. & Peuc●r. de divinat. c. de s●rt. & Tolet. in sum. cas. consc. l. 4. c. 15. & Piscat. ad I●n. c. 1. not expecting any extraordinary or immediate hand of God for the carriage of it so as in right it ought to go, or as is best that it should go: because neither do we know how far forth God seeth it fit to interpose his providence therein, neither hath he left us any promise in his word general or special, that he will immediately at any time or upon any occasion interpose it in that manner. In division therefore of Lands made as equal as may be with conveniency, yet so as there is still some apparent inequality, in regard that the things cannot well otherwise be parted, for a man because in equity he hath right to the best part, as the eldest in an inheritance that goeth equally among all, to expect an extraordinary hand of God for the disposing of it according to the right as in equity it ought to go, is unwarrantable. 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 between them being put to Lot, the Lot lighted on him, as if God by that event had given sentence on his side, is no less unwarrantable. § 10. The rules then here are first, that Lots determine no right: and that i Non ut per came decernatur quid in rerum diuisione magis expediat ● sed ut quod ratione diffiniri non potest, saltem fortunae relinquatur. Thom. de sort. c. 4. Lots consequently are to be used in these cases not for matter of right, but for matter of fact only, and that not of fact past, but of fact future alone; not k In causis iudicialibus aut criminalibus uti non licet. Baro in jen. cap. 1. Nam quod hus traehunt Chytr. in jud. c. 1. & Lavat. in Prou. c. 16. judices ita missis in urnam calculis ferre solitos sententiam, ut albis absoluerent, atris damnarent, etc. 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 have it and enjoy it, or shall go away with it. Else we make it not an ordinary but an extraordinary, not a mere divisory but a divinatory Lot, a Lot for divination, not a Lot only for division, which, as we shall show afterward, is utterly unlawful. And whereas in terms the civil Lawyers seem to say the contrary, where they say that l Inte●lige quando est questio ●uris: secus si facti: quiae tunc non committitur sorti. Gloss. ad Digest. lib. 5. tit. 1. leg. 14. Imol. & jas apud Gomez ad Taur leg. 38. Lots are to be used not in question of Fact, but in question of Right: yet in sense they accord with that which we here say, the Lawyer's meaning being this alone, that Lots are not to be used in question of m Si factum incertum est, dicenti incumbit probatio. Panorm. ad 5. decretal. de sortileg. In facti incertitudine, satius est ● prounciare, non liquere, quam 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 ordinary Lot able to decide; but where some question is who hath right to a thing, in which case notwithstanding the Lot is not used to determine who in truth hath right to it, but who for peace and quietness sake shall enjoy it, where the right cannot be determined, or who shall have possession of it, till the right be determined. Secondly, that no censure of right or wrong be grounded upon Lots: as that no extraordinary power or providence be expected, so nothing to that purpose upon the event of it be concluded, as if it ought to have been or gone so, or it was Gods approving will that it should be so, because so it hath fallen out. But doth not the work itself, may some say, manifest Gods will? I answer; there is a twofold will of God, a disposing will, and a directing will; a will informing and a will overruling: 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 fallen out be it good or bad, it is apparent indeed that it was Gods will either to perform it or to permit it. For n Rome 9.19. Matth. 10.29. nothing can possibly come to pass either without or against his will. But that it ought in right to have been so, cannot thence be concluded. Else might we conclude that the jews ought to have crucified Christ, because God suffered them so to do, yea o Act. 2.23. & 4.28. he preordained the doing of it. In this case therefore where the matter is put to a Lot by those in whose power it is so to dispose of it, it may be truly 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 informing will, it ought in regard of right so to have gone as it hath. CHAP. VI Of ordinary Lots Lusorious; and of the lawfulness of them. § 1. HItherto we have considered of the former sort of Ordinary Lots, which we termed Serious because applied to the determining of more serious affairs. We are now to proceed unto the latter sort of them, which some term a Perki●s of witchcraft. Sporting, some b Lastie story of Gospel: Sors ludicra. Ludicrous, some c Serar in I●sh. c 7. q. 17. Lusorious Lots; and are such as be used in game, sport or pastime, for recreation and delight. Within which compass I shall make bold to draw in those solemn games, d Athl●tas artem ludicram non facere. Vlpianus ex responsis Sabini & Cossi● apud Alex. ab Al●genial. di●r. l. 3. c. 9 if we may so term them, e Ludi O●ympici, etc. Sic Quid. met. l. 1. Instituit sacros celebri certamine ludos. Et Auson. e●log. Quatuor antiquos celebravit Achaia ludos. Quod Arc●isas in Antholog. l. 3 c. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- so commonly styled, though indeed rather exercises of valour, strength and activity, or trials of art and skill and dexterity in some faculty, which were so famous and frequent of ancient times both in Greece and Italy, but especially among the greeks. In or about Game therefore is a Lot said to be used, when either the joining and beginning, or the issue and event of it is put to some casualty either in whole or in part. So that the kinds and courses here used are divers. For sometime the joining or beginning of a game or sport only is put to a Lot: As when by it is determined who shall play and who stay out, or who shall join on a side: which in shooting is done usually by shuffling of arrows together behind some one man's back, and then casting them aside the one half one way and the other half an other way; in bowling by casting a certain number of bowls belonging to several men out of one man's arms at once, and those mating whose bowls meet nearest together: Or of the two sides whether shall lead and begin; which at Tables is decided commonly by the casting of most points; in Ches-play by turning a pawn on the board according to the colour of the square or quarter that it stayeth or resteth upon, or by the one's guessing at two pawns hid in the others two hands. f Hellanodicae Elide 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (●●a reponit Sylburg. quod vulgo perp●ram 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pausan. Eliac. 2. Et ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hinc Pollu●il. 3. c. 30. §. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: ut Eustath. ad Iliad. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. quod melius tamen Etymol. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sed & Palaestram 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Petr. Fab. ag●n. l. 1. c. 24 deducit quod verius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Etymol. Facit huc quod Plutarch. de tranquil. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Et quod Gellius n●ct. Attic lib. 5. cap. 9 de Athleta muto, qui cum sortitionem non bona fide fieri, sortemque nomi●is falsam subijci animaduertisset, in vocem n●nquam prius locutus erupit. Et quod ex Aristot. Rhetor. lib. 2. cap. 20. super cap. 5 § 5. Thus at those famous Olympic games the wrestlers and Combatants were conjoined by pairs (as the Runners and Riders by foures, or more) g O● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lucian. Hermotin. sive de sectis. as they drew the like letters, and took their turns according to the order of those letters, h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lucian. ibid. Hine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicti, Pollux l. 3. c. 30. §. 4. De quibus Plin. Sec. ep. 14. lib. 8. In spectaculis quibusdam sors aliquem se●onit ac servat, qui cum victor● contendat. Huc allusisse Pau●um 1. Cor. 4 9 Scalig. putat ad Manil. Allusit certè credo Christus Apoc. 3.11. the odd man, if any were, undertaking him that had the better of that pair that fought last. Thus as there, so elsewhere also i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pausan. Eliac 2 Sic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Et S●pho●l. Electr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- Sed & Stat. Theb. 6. Et iam sortitus Proteus versarat ahena Casside: jamque locus cuique est, & liminis ordo. at Charet-drivings and Horse-races, as also at k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pausan. Elia●. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. De Theagene Heli●dor. Aeth. l. 4. running or l Prima pares ineunt gra●ibus certamin● remis, Quat●er ex omni delectae class carinae. (Sig●oque designato) Tum loca sort legunt.- Virg. Aen. l. 5. rowing for wagers and the like, the Contendents had their stations or standings assigned them likewise by Lot: yea and, as * Pe●r. Faber agonist. l. 1. c. 24. ex illis Apo●●o●. Argon. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. some guess, the Combatants also their weapons. Beside that in m Conuenere viri (colum●ā petituri) deiectamque area sortem Ac●epit galeae: & primus- ant emnes exi● locus Hippo●oentis. Virg. Ae●. 5. shooting and n Nomensuum in alb● pro●tentium ●itb●raedorum iu●●it adscribi, sorticul●que in urnam cum caeteris demissa, intravit ordine suo. Suct. Nerone c. 21. Hi●c ovid. Metam. 5. Tunc sine sort prior, quae se certare professa est, Bella ca●it super●m.- 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Nonmus Dionys. l. 19 de musico certamine. Et Lucian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Vise & Aristidem de Rhetor. ad Platon. singing or playing and the like, where two at once could not show their skill, they had their turns and courses determined by Lot. And o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dim●sth. in Midiam. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Antipho de Choreuta. the Masters of the Revels at Athens had the Minstrels of the City by Lot shared among them. And if in any of these exercises it were ambiguous who had done best, or who indeed had won the wager, two, it may be, p Hinc Chrysippi disceptatio in lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, cui●● meminit Plut. in Stoi●. contradict. at once coming home to the goal, or the like, q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. malè vulgò 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. it was (it seemeth) in the power of the Triers either to part it between them or to put it to Lot whether of the two should have the prize due to the Victor. Again in lesser yet and lighter matters, when in private they were disposed to be merry together, they drew Lots sometime r Now draweth ●ots, or that ye further t●●n: The which that hath the shortest shall begin. Chaucer. Canterb. tales. who should tell his tale first, or s Quicaenulam ordine suo curabat, praemium soluen lae q●aes●i●nis pon●bat, ●otiaemque res quaereb●t, quot homines isthic eramus; quumque eas omnes exposuerat, locum ●icendi sors dabat: quaestio autem non soluta ad cum transmittebatur qui sort●ò succ●sserat. Gellius nect. Attic. lib. 18. c. 2 who should first read the riddle or assoil some question propounded with a reward for him that could read it aright, or t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plutar. sympos. l. 9 c. 3. who appose either other in some schoole-question, or the like. And lastly as in their merry meetings they u In convivijs qui sunt institu●i p●tandi (malè vulgò, putandi) Modiperatores Magist●i. Varro rerum human. l. 20. apud Nonium. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Graecis: de quibus Plutarch sympos. l. 1 q. 4. drew Lots commonly * Hinc Agesilaus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 interrogatus à ministris quantum vini singulu assignare●, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, inquit, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. apophth. for some one of the Company to be Master or Moderator of their mirth: not altogether unlike the custom of choosing King and Queen used in many Countries at some special times, save that they did it usually x Nec viniregus sorti●re talis. Hor. car. l. 1. odd. 4. Et ib- quem Venus arbit●um Dicet bibendi. i. iactus Venereus, ●● Cicer. de divin. l. 1. with dice or the like, y Eti. ● hody in Epiphanijs rex conui●ij fabis de. igitur. Er●s chil 6. cent. 4. a●a. 37. Apud Gallos' in Epiph regessortiuntur. S●rar in I●sh c. 7 q. ●7. these with a bean and a pease, the former whereof they used in choice of their Magistrates: So the younger sort had z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. P●llux l 9 c. 7. Fest●s Saturno di●bus inter alia aequalium ludi●ra, regnum lusu s●rti●ntium, ene●erat ●a sors Neroni. T●e annal. l. 13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arrian. Epict. l. 1. c 25. Et Lucian, in Saturnal. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. a sport of choosing them a King by Lot, who was to enjoin the rest what he would, and they to do what he enjoined them; in which kind as * Cyrus' puer rex inter ludentes sor●● delectus, etc. Inst in. hist. l. 1. Cyrus his carriage though a child and in a childish sport, yet discovered in him a kingly spirit and courage, so 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. quod conspicatus Alexander 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Athanasi● diligen●ius educand● curavit. ex R●fino Socr. hist. l. 1. c. 15. & Aldhelm de land. Virg. c. 16. Athanasius his acting of a Bishop among Boys like himself in the like, is reported to have given a grave Bishop that beheld it good hope, that he would indeed prove that, which afterward he did, succeeding him in his Sea. § 2. Now in these cases a Lot is used though about game, yet rather out of it then in it, only to make a beginning and entrance into it: But otherwhiles it is used for the directing of the game itself and the issue of it either in part or in whole. In part only, as in those games, wherein beside the Lot, art and industry is required for the further managing of that which hath thereby been allotted: as in many games at Cards and Tables, wherein a Lot is indeed used for the distributing of the Cards amongst the Gamesters, and in assigning each of them his chance, thereby ministering unto them matter further to work on; but there is art and skill beside that to be employed by them for the managing of their game, and for the working upon that which casualty hath cast on them. Which kind of game that it was not either unknown unto, or unusual among the ancients, beside a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eustath. Odies. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et tamen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hesych. unde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Crateti dictum. Pollux l. 7. c. 33. § 10. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ibid. undè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sophocli: Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Proverbio celebris. Idem l 9 c. 7. other evidences, hereby appeareth, in that b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plutar. ad Apollon. c●nsol. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Idem de tranquil. Ita vita est hominum, quasi cum Iudas tesseris, Si illud quod est maxumè opus i●ctu non cadit, Illud quod cecidit fortè, id arte ut c●rrig●s. Terent. Adelph act. 4. scen. 7. Et ovidius art. amand. lib. 3. Sed minimus lab●r est sapienter iactibus uti: Maius opus mores composuisse suos. they many times compare man's life to such games, wherein a man cannot make choice of his own chance, but yet by art and skill is to make the best use he can of that which doth casually befall him. In whole, where the Lot absolutely determineth the issue, as not only in divers games both c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad q●ā Paulus allusit Ephes. 4.14. d● qua Cic. de diuin. 2. In talis tesserisque temeritas & casus, non ratio nec consilium valet. Itaque Hesych. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. at dice and cards wherein nothing is further looked after but the fall of the dice, either d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pollux l. 9 c. 7. who throweth most or whose chance cometh first, and e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pollux ibid. the goodness or the fitness, as it is accounted, of the chance, or of the cards; but in sundry other sports also, not unknown wholly to the ancient, as, beside that f Micatione certant Hymenaus & Amor apud Nonnum Dionys. l. 33. Mication or Shifting of fingers which we spoke of before, g Falkenberg. ad Nonn. used much still in Italy as well in sport as otherwise, in divers other childish pastimes as h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eustath. Odyss. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pollux l. 9 c 7. quem vice. Non mea magnanimo depugnat tessera tal●. Mar●. l. 13. epist. 1. cum steterit nullus vultu tibi talus codem, Munera me dices magna dediss● tibi. Idem lib. 14. epigr. 15. etc. Cockall, i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristoph. in Plut. & Di●n. Chrysos●. ●rat. 26. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. de divinat. per insom. Et in Rhetor. cap. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Ludere par impar.- Horat. serm lib. 2. sat. 3. & Suet. Aug. cap. 71. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Scholar Aristoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pollux lib. 7. cap. 33. §. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Idem lib. 9 cap. 7. Hinc Mart. lib. 14. epigr. 18. Alea parva nuces.- Et ovid. ●uce: Est etiam, par sit numerus qui dic●t, an impar; Vt divinatas auferat augur opes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. sympos. l. 9 probl. 12. Even and Odd, Heads and Points, k I●a fuisse signatum as bodi●que intelligitur in ●leae●usu, cum pueri denarios in sublime iactantes, capita aut navia, l●su teste vetustatis, excla●mant. Macrob. Sat. l. 1. c. 7. Non absimilis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. P●llux lib. 9 cap. 7. Vise Erasm. chil. 2. cent. 1. adag. 51. Cross and Pile, and the like, the most whereof we find either wholly the same or very near the same to have been anciently used. To which kind of Lot-sports or Lot-games (which shall be the last, and so I leave them) may their a Sorts c●nui●ales. Lamprid. Heliog. Banquet-loteries be added, which we find two sorts of, some free, some set to sale, and both containing either matter of free gift, or matter of charge and expense, or mixed matter of either. For so we read that b Suet. Aug. c. 75 Augustus used c Saturnalibus, & siquando aliàs libuisset. on some Festivals and at other times by Lot to distribute certain gifts among his guests, some of worth and value, as gold, silver, and garments, and coins of all sorts foreign, ancient, and others; and some again mere toys and trifles, as d Cilicia, spongias, rutabula, forpices. heire-clothes, and sponges, and pincers, or scissors and the like, with merry Poesies upon them e Titulis obscuris & ambiguis. of doubtful and double sense, seeming to glance at and nip them to whose Lot they were fallen. So likewise that monster of men f Lamprid. Heliogab. Heliogabalus, a second Nero, used to propound to whom he pleased, both in public and private, certain mixed Lots, some matter of gift, some matter of charge, of such extreme inequality, that some were neither mended nor impaired at all, but mocked only, g Vt verè sortes essent, & fata te●tarentur. some were made, as we say, and some utterly undone by them: for some according to that they drew were to pay in and lay down, either a pound of beef, or a dead dog, or ten flies, or ten fleas, or ten bears, or ten camels, or so many pounds of lead, or as many of silver, or gold, etc. And others again were to receive the like, as their Lot came: which made many rich that were poor before, and others as poor that were rich before: the monster delighting in nothing more than in the mischief and miseries of many. And these Lots were sometimes either written or painted h In cochlearibus. Lamprid. on their spoons, as we have commonly on fruite-trenchers painted emblems and poesies, that sometime we use to make sport withal somewhat after that manner. Again sometime were such Lots as these in mirth set to sale: for i Su●t. Aug. c. 75. Solebat & maequalissimarum rerum sorts & adversas tabularum picturas in convivio venditare; incert●que casu spem mercantium vel frustrari vel implere. so used Augustus to do sometime with his Lots; as also with pictures showing the backside of them only; in merriment propounding them to thee fthat were at board with him, that none might come in but upon a price to draw in the one, and he that would at adventure bid most, should have the other. Not altogether unlike to k Loteria in Europa frequens, quam vulgo la riffe, alij ludum ollae vocan●. Delri● mag. disqu. tom. 2. l. 4. c 4. q. 2. our rifle and Loteries, wherein a certain number or so many as will venture their money are admitted to cast dice or to draw Lots for some prize or prizes propounded; concerning which kind of Loteries the Civil Lawyers and others are divided in judgement; l Fr. Garcias de contract. l. 3. c. 20. Lud. Lopez de contr. l. 2. c. 23. & joan. Briart. quodlibet. 5. quos sequitur D●lrio. some referring them to the head of serious divisory Lots, as containing a twofold virtual contract, the one of bargain and sale between all the adventurers jointly and the owner or owners of the prize or prizes that they are to draw for, as making sale thereof unto them for such a sum as all their adventures put together amount unto; and another of society or fellowship between the Adventurers among themselves, agreeing to draw Lots or cast dice for that which in common they have so bought: * Venditio sine re intelligitur, cum quasi alea emitur; quod sit cum captus p●scium vel missilium emitur, (quae non tam rei quam) spei emptio est. Pompo●. in Dig. l. 18. t 1. l. 8. & t. 4. l. 7. Or, as in running, as they term them, and unlimited Loteries, a single contract only of bargain and sale between the Owner and the Adventurers, not unlike altogether that wherein a fisherman's draft or a Fowler's fortune, or a Merchant's adventure at sea is bought or the like, wherein men buy bare hope alone rather then actually ought else: m Con●ad. de contract. tract. 3 q. 71. concls. 2. Perkins of witchcraft. others bringing them within compass of unlawful games, as indeed, for aught I see, the most of them are little better, n postel de magistrate. Athen. c. 8. & Perkins of witchcraft. used mostly to help and relieve either base Spendthrifts or beggarly Bankrupts. And thus have we seen in what divers manner Lots have been or may be used in or about game. § 3. Now concerning these games h Alea ludus omnis qui p●●det à casu. Martyr. in Ind. c. 14. fortunae mag●s quam artis. Erasm. chil. 1. c●nt. 4. adag. 32. in quo multum fortunae, p●udentiae minimum Ramirez in Mart. of hazard, as they are termed, wherein a Lot is thus used, and there is therefore a kind of lottery in them, there is much question and disputation among the learned: and divers reverend and religious pass a peremptory sentence upon them as altogether unlawful and unbeseeming good Christians. Yet among those also that oppugn and oppose them there is diversity of opinion. For i Concedi p●ssun● ludi qui partim casu, par●●in industriae nituntur. Martyr. ad judic. c. 14. Hipropriè alea dicinon debent, nec sun● omnino pro●ibendi. Dan. de alea c 6. quemsequi profitetur Taffia. de res●pisc. l 2 c. 19 Dice I utterly disallow, Cards and Tabl●s I condemn not. Babington on Command. 8. For mixed plays at Cards and Tables, consisting partly of hazard, & partly of wit, the common opinion of learned Divines is, that as they are not to be commended, so they are not simply to be condemned. Perkins Cases of Conscience l. 3. c. 4. §. 4. q. 2. some of them allow those games that are carried partly by casualty and partly by skill, which they suppose not to come within compass of Lots, condemning those only that depend wholly upon casualty. Others of them k Fennor of lawful recreations cap. 4. Balmford dialogue of pames consisting of chance. utterly and absolutely reject all that have any spice of lottery or casualty at all in them. This of those that deal more distinctly in the point: For l Ludus taxillatorius vitio vanitatis non caret. Them de sort. c. 5. Talorun Tabularumqu● qu●s chartas vocant, lud●s, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 relegamus. Zuingl. de adolesc. form § 3. Alusus est sor●is, cum ad ludu● iocumque adhibetur. Cartwr. in Prou. c. 16. Sorts illic●●ae ad lucrum lus●mu● ad●ibitae. Piscat. in Io●. c. 1. Ludicrous Lots are not beseeming Christians. Eas●ie history of Gospel. divers others there be that so glance at them in general, that it is somewhat uncertain whether part they concur with; or m Chartarum & sortium & divinationis ludi ab avaris & perditis inventi, non sol●m nostr● dogmati, sed publicis ve●erum moribus unà cum aleareiecti. V●later. comment l. 29 c. 12. Aleam non cognoscere Eutopienses suos. Moru● lib. 2. quod & de japonilus Gadus quem Grimston transtuli●. rather of some of them whether they concur at all with either, or do not rather upon other grounds divers from theirs, disallow some of these games, not all of them, or not all manner use of them, as of some other hereafter shall plainly appear. But to return to the two former sorts, it is well observed by n Balmf●rd di●log. one of the latter rank of them, that some of the reasons produced by the former for the disallowing of the one kind, if the grounds be admitted, cannot choose but condemn both kinds. For if the one be evil and not allowable because they depend upon Lot and Chance, than the other must likewise be evil and unwarrantable so far forth as in part also they depend thereupon. And on the other side if those former Authors will avow and justify the one, they cannot but secretly withal give sentence also for the other, since they stand both on the same ground, and are built both on one bottom. For as for that which o Non est alea propriè dicta. Dan. Iud. all c 6. Alea dicitur ludus qui f●rtunae so●ùm innititur. Angel sum. Mixed games are no Lots. Perkins Case▪ of Consc. l. 3. c. 4 §. 3. q. 2. some say distinguishing the nature of these games, that the one is lottery but not the other, or that there is a Lot in the one, but not in the other. It is true indeed, that if we define a Lot so, as divers of them do, to be p Sors est modus Deum consulendi, etc. Aret. probl. par. 1. Actio humana in hun● finem instituta, ut ex eius evensu rem nobis incognitam diuini●us agnoscere possimus. Zanch. des●rt. a kind of consulting with God, and a seeking to be informed and directed by him; q jacobus ●e● in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 3. & B. King in lon. c. 1. lect 9 there is no Lot at all either in the one or in the other. But if we understand a Lot as it was formerly defined according to the proper, and ordinary signification of it, so there is a Lot as much and as well in the one as in the other, the only difference is that there is a mere Lot in the one, a mixed Lot in the other, but a true r Ars aleatoria & ipsa tota sortil●ga est. Agrip. de van. scient. c. 14. Ad sorte● revocatur alea, i. ludi qui ab ancipiti casu pendent. ex Greg. Toloss. sontag. l. 39 c. 3. Aerodio l. 3. c. 9 Molina de iure & just. disp. 509. Ser. ad l●sh. c. 7. q. 20. Q●id est sors? Idem propem●dum quod micare, quod talos, quod tesser as iac●re. Cic. divin. l. 2 Lot in either. For the argument that s Perkins Cases of Consc. l. 3. c. 4. § 3. q. 2. a reverend Writer of ours bringeth to prove the contrary, because in a Lot there are two ●hings required; first a casual act, and secondly an applying of that casual act to the determination of some particular and uncertain event; whereas the dealing of the Cards is a casual act indeed, but the determination of the uncertain victory is not in mixed games merely from it, but much or most from the wit and skill or the will of the player: and therefore the dealing of the cards is no more a Lot then the dealing of alms is, when the Prince's Almoner putteth his hand into his pocket, and giveth one man six pence, another 12. pence, another two pence, what cometh forth without further advice. This argument, I say, is not sound, because it reasoneth from a particular to a general; The dealing of the Cards is not applied to the determining of this uncertain event, to wit, the main issue of the game or the victory: therefore it is not applied to the determining of any uncertain event at all. Which consequence is unsound; as also the consequent is untrue. For it is manifest that the dealing of the cards is applied to the determining of this uncertain event, what cards or casts each one shall have to exercise his skill with: and is therefore even by his own description a Lot: as is also the dealing of alms in that sort, if it be done for that end, to try what will casually fall to each one's share by such a course, as well as if it were done by drawing of rushes or cuts, which go commonly for Lots. For the thing itself I hold that these Lusorious Lots, and Games consisting of such are not simply or in that regard evil or unwarrantable: or in a word, that a Lot used in game is not unlawful. In which assertion if I shall dissent from some others of religion and learning, whom otherwise I worthily respect and embrace, I desire but to have my grounds duly viewed and examined, that if they prove firm and sound, the frame built on them may stand, if weak and unsound, it may fall before the truth, as t 1. Sam. 5.4. Dagon did before God's Ark, myself promising to lend an hand with the first to the overturning and razing of what I now rear, if it shall be showed me to be other than is warrantable by God's word. § 4. The former grounds therefore laid concerning the nature of Lots in general, the reasons that induce me to allow Lots of this kind as not evil in themselves among others are these. First, that which may be ordinarily used in other civil affairs, be they more weighty or of less weight, that may also be used for matter of recreation and delight. But a Lot may be ordinarily used in other civil affairs, as, by the express u Prou. 18.18. authority of God's spirit speaking by Solomon, for the ending of contentions, and matters in suit or strife, be they weightier or of less weight: For the words in the text are indefinite, neither is there ought to restrain the ordinary use of them in that kind either there or elsewhere. The word used there, though in its original propriety it signify * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 si●e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 judicare. Law-suites, yet in the ordinary x Prou. 6 14.19. & 10.12. & 15.18. & 16 28. & 17.14. & 18.19. & 19.12. & 21.9.19. & 22.10. & 23.29. & 25.24. & 26.20.21. & 27.15. & 28.25. & 29.22. use of it it extendeth itself to contentions of all kinds. And the practice of God's people recorded in Scripture showeth that even mean matters have been decided and determined usually by Lot: as in matter of Tithe, though it were not much material, which Lamb the Levite had, so that he had one of ten, two of twenty, etc. yet was it decided y Leuit. 27.32. & jun. in annot. by Lot. It was a matter of no great weight what gate of the Temple such or such Levites should wait at; I say not, that it was a mean matter to be a Porter in God's house, (though z Psalm 84 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad limen residere. Le● jud. Limen frequentare. jun. abiectus Vulg. ad locum communem & ignobilem reijci. Calui●. be a doorkeeper. Angl. constant. servus esse perpetuus, posti affix●●, ut Exod. 21 6. ●. v●lissim: conditione ibi agere, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quam alibi liberè ag●ntem c●mmorari. Ind enim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●i er●aes. Leyfeild. it seem to be mentioned as one of the meanest places of employment there;) but whether company should wait at this gate, and whether at that other gate, (as who should stand at the North door of the Church, and who at the South, to receive people's benevolence, upon occasion of some collection) was no matter of great moment, and yet was that also decided * 1. Paral. 26.13, 14, etc. by Lot. Neither was it greatly material which of the Priests offered incense, or which dressed the Lamps, etc. so it were done by some one of them, yet that also went a Luk 1.9. by Lot. Since that Lots therefore may lawfully be used in other ordinary affairs, God's word indefinitely warranting it, the same elsewhere not restraining it, and the practice of the godly carrying it even to mean matters (for b Parum it aque cau●è Martyr ad 1. Sam. c. 10. sortibus de●ignabantur Sacerdotia. the offices themselves were not put by them to Lot, but the distribution of particular duties or stations among those of the same office) I see not what should banish them out of our disports, more than out of other our (though serious, yet) civil affairs. § 5. Secondly, if we consider aright the nature of a Lot, and the great uncertainty of it, we shall find it fittest for such matters as are of least moment, and c Sorsest resinc●●tissima q●ares gra●●es quaelibet non ●●ss●nt desin●ri. Baro ●n jon. c. 1 Nō●●cet v●i in causis iudiciali●us aut criminalibus, vel in obe●ndis neg●tijs mer●at●rijs vet belli●is. Ibid. N●c imm●ri●ò notatus à Tiberio Senator Rome quod vxor●m pridiè sorti●i●●e ductam p●strid●è repud●sset. S●et. Tiber. c. 35. not fit to be used in any weighty affair. In regard whereof, as those that make use of it in serious matters, are wont, with all the Caution they can, so to dispose of things beforehand, that it may not be material which way the Lot light, or that as little, as may be, be left unto it: s● where it may be material and of some consequence whether it go the one way or the other, (I say not now what the iniquity of others may enforce a man unto; a less inconvenience is allowable for the avoiding of a greater;) there d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato de leg. l. 6. Vise & quae supra c 5. § 5.6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. S●er apud Xen●ph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. will no wise man willingly put such a matter of weight to the uncertain hazard of a Lot. That therefore that best sorteth with the nature of a Lot, may a Lot most lawfully be used unto: but the lightest matters best sort with the nature of a Lot: and therefore about things of that nature may a Lot most lawfully be used. Or more particularly for the present business: A matter of mere indifferency, that is, such as a man may lawfully either do or not do, and it is not material whether he do or omit, such may a man lawfully put either to the will of an other, or to the hazard of the uncertain motion of any creature whether he shall do it or not do it. But the using of a Lot in game (or the using of it in any business, be it serious or lusorious, qualified and cautioned as before) is but the putting of a matter of mere indifferency to the hazard of an uncertain event, to wit, who shall join or stand out, who shall lead or follow, who shall overcome or yield to the other side etc. which are matters merely indifferent, such as may without sin be either done or forborn, either done the one way or the other. The Use therefore of a Lot in such cases, and the putting of such matters to the hazard of a Lot is not evil simply in itself. § 6. Thirdly, if the Use of Lots in game be of itself evil, then must it needs be a sin either against Piety in the first Table, or against Charity in the second. For every moral evil must needs be a e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 1. joan. 3.4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. R●m. 4.15. breach of God's Law, the whole sum and substance whereof being comprised in those f Deut. 10.4 decem verba: fine dec●m edi●●a. Sic enim Est. 3.15. & 4.3. & 8.14. etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ten Edicts of those g Exod. 31.18. D●ut. 9.10. & 10. ● two Tables, every breach thereof must of necessity be brought within compass of the one of those twain, and so consequently convinced to be a branch either of Impiety against the one, or of Iniquity against the other. But the Use of Lots in game is not in itself, or of itself a sin either against Piety, or against Charity. To spend time and words in proving that the use of a Lot in game as it is a Lot, is not against Charity, as that it is no breach of Charity for men to draw Cuts or cast Arrows, who shall bowl or shoot first, were both superfluous and ridiculous; superfluous, because it were to prove what no man denieth; ridiculous, because it were to confute what no wise man will avow. And yet to charge a lusorious Lot with Impiety, hath as little ground as the other. For the manifesting here of let thus much be considered, that all Impiety may be referred to these h Ezech 22.4.26. two heads, either the profaning of hallowed things, or the hallowing of things profane: since it cannot be imagined how any impiety should be committed but either by denying holy things their due respect, or by giving the same where it is not due. But lusorious Lots are not of themselves guilty in either of these kinds. In the latter kind even their greatest adversaries will clear them, there being no colour to charge them with the hallowing of aught that is not otherwise holy. And in the former kind they may be cleared also by the grounds of God's Law, to wit, from the profaning of aught that is holy. For the thing used in them is a Lot: and nothing can be profaned by them but what is used in them: (by Lots, I mean simply as they are Lots, for to make Lots of holy things, as of parcels of Scripture, or of the Elements consecreate in the Sacrament, etc. is not any thing concerning the nature of a Lot, but an abuse cleaving to it in some particular men's practice of it, and such as is to be severed therefore in this our discourse from it.) But a Lot is no holy thing, either of itself and in it own nature, or by virtue of any divine institution. For of these two sorts are all holy things whatsoever, either they are holy of themselves and in their own nature, as i I●sh. 24.19. Esai 6.3. Psal. 99.5.9. God himself, and k Psal. 111.9 & 99.3. his titles and attributes are, or else they come to be such, whereas in their own nature they are not, by means of some special divine institution sanctifying and severing them to some holy use, as l Num. 4.5.15. & 7.89. Leuit. 16.2. the Ark, m Exod. 29.42, 43, 44. & 30.25, 26, 29. the Tabernacle, n Psal 5.7. & 11.4. & 65.4. & 68.5 the Temple, o Gen. 2.3. Exod. 20.8, 11. & 31.13, 14, 15, 16, 17. the 7. day of the world before Christ, and p Apoc. 1.10. Act. 20.7. 1. Cor. 6.2. the first day of the week since Christ. Now in neither of these respects can a Lot be said to be holy, not of itself, or in it own nature, for it is nothing else but any casual event applied to the determining or deciding of some doubt: Where the matter of it, a mere casualty, as it is a casualty having no holiness at all in it of itself (for q Quod convenit ●ali, quatenus, tale, conu●nit omni tal●. then should all casualties in like manner be such) can much less gain or procure any holiness to itself by any man's application of it to any end whatsoever, much less by the applying of it to a profane or common end, be it more or less weighty. Neither is a Lot holy by any divine institution; since every such institution must have warrant from some word; and there cannot be produced any word of institution whereby Lots are specially sanctified and set apart to such uses as may bring them within the compass of things holy and sacred. If any particular Lots have at sometime been so used, that can no more impart holiness to all Lots in general, than the religious use of r job. 2.26.31. Ephes. 5.26. water in Baptism, yea in the s Matth. 3.16. Luk. 3.21. Baptism of our SAVIOUR, and the sacred use of t Matth 26.26.27.28.29. 1. Cor. 11.23, 24, 25, 26, 27. bread and wine in the Lord's supper can u Vi●e Casau●. ad Baron. annal. ann. 31. num. 19 contra Chrysost. ●●mil. de bapt. Chr. & jacob. de Vitria●. c. 54. make all water or all bread and wine in general to be holy, and so consequently debar men of the ordinary and common use of those creatures either for the necessity of nature or for lawful delight. Those therefore are amiss that allow Lots in game, and yet add for a Caution, that great reverence and religionsnesse be used in the action; in regard that x Sancta sanctè. Holy things must be done in holy manner. For if Lots in general even civil as well as sacred be holy things, they may in no case with no Caution be made matter of sport and pastime, or of gamesome recreation; nor can the light use of them be so corrected and qualified, but that it will have deadly poison even in the heart and pith of it, not adhering or cleaving unto the bark or outside of it only. But civil Lots are not such; and therefore the lusorious use of them is not the profaning of any holy thing. And if neither the unhallowing of any thing hallowed, nor the hallowing of any thing unhallowed, then can it not be brought within compass of impiety or sin against the first Table. And if it be cleared from all sin against the first Table, and be not charged by any with any sin against the second Table; it must needs rest discharged of all sin in general, and consequently be justified as agreeable to God's word. § 7. A fourth argument may be taken from the benefit of Christian liberty, by virtue whereof every Christian man hath y Libertatis Christianae pars ● ᵃ ut nulla rerum ex●ernarum per se ●ndifferentium religione coram Deo tene●mur, quiu ●as n●nc usurpare, nunc omittere indifferenter l●●eat: huius cognitto si aberit, nulla conscientijs nostris qui●s, nullus superstitionum fut●rus est fi●is: co d●mumv nietur, v● super festucam transuers. mincedere nefas ducatur. Ca●uin. instit. l 3. c. 19 § 7. a free use of all Gods good creatures to employ them unto such purposes as by any z Ipsae naturales rerum d●tes satis demonstrant, quorsum & quate● us fruiliceat. Ibid. c. 10. § 2. natural power they are enabled unto, within the bounds above mentioned. But in these ordinary civil and divisorie Lots be they serious or lusorious, the creature is used to no other end or use, but what it hath a natural power unto, and 1 Sortilus uti licet in rebus p●testati nostrae subditis. K●akeuitz in jon. c 1. such as by the mutual consent and agreement of those that use it, it may be enabled to effect. For it is in the natural power of the creature used to moo●e or to be moved diversly, and uncertainly in regard of those that make use of it: and it is further in the power of it by their mutual agreement to determine such matters as are ordinarily wont to be determined thereby. Which therefore 2 Sors non ●st mala nisi ex admixta irreligi●sitate ●ut inius●ttia au● imprudentia. Cai● sum. vit. so long as the use of it is kept otherwise free from superstition and impiety, or from injustice and dishonesty, ought no more to be exiled from a Christian man's recreations, than any other creature or ordinance whatsoever that hath any natural power to delight and give contentment in that kind. § 8. A fifth argument may be drawn * is concessus. from the grounds and Grants even of those that oppose in this point; and may be framed on this wise. Any thing indifferent is lawful matter of recreation: But lottery is a thing a Videtur sortium usus inter adiapho●a constitui. Gr●g. Tol●s. syntagm. lib. 34. c. 5. indifferent: lottery therefore may be made lawful matter of disport. The proposition is confirmed by their definition of recreation, to wit, b F●un●r of recreate. rules spec. § 1. Christian recreation is the exercise of something indifferent for the necessary refreshing of body or mind. The assumption, namely, that lottery is a thing in it own nature indifferent, is thus proved likewise by their definition of things in nature indifferent. c Idem ibid. § 2. rule 1. Indifferent in nature is that which is leaf● free, so as we● are not simply commanded or forbidden to use it, but as we shall find it in Christian wisdom beneficial or hurtful unto us. But such is lottery, or the use of Lots; not simply commanded, (for d Prou 18.18. that of Solomon before alleged is rather a permission then a precept, or not so much a commandment as an advice and counsel, commending that to us as a wise and prudent course, not enjoining or imposing it as a duty necessary to be done, seeing by other courses beside it such controversies may without sin be composed as are there mentioned, and that effected oft by other means without a Lot, for which a Lot by Solomon is there allowed) nor again any where forbidden or condemned as evil in itself: by the former definition therefore consevently in different, and so lawful matter of Christian recreation and delight. § 9 Sixtly and lastly, that the Use of Lots in game is not against God's word, but hath sufficient warrant from it, may appear by this argument. Where the wisdom of God in his word hath not determined the matter, and the manner, or the other circumstances of a thing lawful in itself, there they are least to man's discretion and wisdom. Else should we hang ever in perpetual suspense, having no rule at all to direct us by in them. And where they are left thus to man's discretion and wisdom, there is warrant sufficient for any circumstance that man shall make choice of (the Magistrate publicly to enjoin, or private persons to practise) that shall e Quum Scriptura generales legitimi usus tradat regulas, secundum illas nobis limit andus est. Calvin institut l. 3. c 10. § 1. not be against the general rules of God's word concerning the same. For the better conceiving of this point it is to be considered, that for the doing of every act, and the doing of it in this or that manner, if natural reason will not of itself afford sufficient direction, there must be warrant had out of God's word: and a man must know that he hath warrant thence, because f Rom. 14.23. Whatsoever is not of faith, is sin. I say, where natural reason doth not of itself afford sufficient direction; for the word is given us in moral matters to supply the defects of it caused by our first Parents their fall; g 1. C●r 9.7.8. & 11.13.14. Ad naturam Apostolus provocat. Tertll de virg vel. Nec differt Scriptura quid an ratione consistat. Idem cor. mil. neither doth it abridge us of the help and * Rom. ●. 14.15. Ipsa natura legis est instar ignorantibus legem. T●rtull ad Marc. l. 5. use of it for direction in such actions, but add a further and fuller help thereunto. First then for the act itself in general; that is of itself good and lawful and ●allowable by God's Law, for the doing whereof there is either precept or permission in God's word, and that either direct and express, or collected by just consequence: h D●ut. 5 29.32.33. & 12.32 Quod praecipitur, imperat●r: quod imperatur, necesse est fieri. Tertull. a● vx●r. l. 2 V●i praeceptum, necessitas est seruientis. Ibid. if a precept, it is necessary and must be done; i Deut. 12.15.20.21.22. if permission only, it is indifferent and may be done or not done, as shall seem good to the party whom it concerneth. Secondly for the subject matter, the manner of it and other such circumstances, where they are by God's word determined, there such only are lawful as the word of God hath enjoined. Where they are not determined, there all such are lawful as the same word k Concessum videtur quod non prohibetur. Accurs. ad Cod I●st. l. 10. c. 1. l. 4. doth not forbid. In the former that rule holdeth, l Matth. 12.30. Omnia sunt probibita, quae non reperiuntur concessa. Gloss. ad Dig. l. 47. c. 23. l. 3. He that is not with me, is against me: in the latter that other, m Luk. 9.50. Omnia per legem sunt permissa, qu● non inveniuntur prohibitae. Gloss. ad D. l. 4. t. 6. l. 28. He that is not against me, is with me. Thus for sacrifice and the place of it, before it was determined, n Deut. 12.8.9. Gen. 8.20. & 12.7. & 13.18. & 20.25. & 26 25. & 33.20. Exod. 17.15 & 14.4. it was lawful in any place, because no certain place was designed: but after it was once determined, o Deut. 12.5, 6, 11, 13, 14. it was lawful in no place but that alone, that God had expressly thereunto assigned. So for the Passeover and other offerings, and the time and season of either, the ordinary sacrifices (I mean the voluntary or free-will offerings) p Leu. 1.2, 3. & 2.1. Deut. 12.5, 6, 26, 27. might be offered at any time, because for them was no time determined: but q Exod. 12.6. Num 9 13. the Passeover might be celebrated only at one time, because the time of it was determined. This would the rather be observed for the readier answering of some frivolous objections made by some Separatists; What warrant, say they, have you to use this or that form of prayer, or to pray upon a book? I answer; It is warrant sufficient that r Luk. 18.1. 1. Thess. 5.17. 1. Tim. 2.1.8. we are enjoined to use prayer, and s Matth. 6 9.12. Act. 8.22. 1. john 1.9. such kind of prayer, confession of sin, and supplication for pardon, etc. no set form thereof determined; therefore any fit form warrantable: this form that we use not unfit otherwise; this form therefore allowable. And let a man demand of one of them when he prayeth, what warrant he hath to use that form that he than useth, he can answer no otherwise; or if in effect otherwise, he shall answer otherwise then well. So for a book; the means of help are not determined; and this one among others; this therefore not unwarrantable. And if one of them should be asked, how he proveth it warrantable to use a printed book to read on in the Church; he shall not be able to make other answer then as before: for neither precept nor practice can be found in the word for the use of a thing that was not known in those times wherein the word of God was written. §. 10. But to apply this to the present. First, t Eccles. 3.4. Zech. 3.10. & 8.5. Recreation in general is granted by all to have good warrant from God's word, as a thing both allowed by permission, and enjoined by precept, if not directly and expressly, yet at least by just consequence: and therefore I will not stand upon the proof of it. Secondly, for the matter and manner of it, ●or the things wherewith we may recreate ourselves, u Certum est in diuini●literis nullam de ludis aut regulam aut formam praescribi; quamuis in eyes multa ludorum generae leguntur. Martyr in jud. c. 14. there is nothing determined; any means therefore of recreation that are not against the general Rules of * R●m. 13.13. 1. Cor. 14.40. comeliness and decency, of x 1. Cor. 6 12. & 10 23. Rom. 14.21 conveniency and expediency, y 1. Cor. 10 31. Coloss. 3 17. of religion and piety, and the like, are by the word of God allowed, and have from thence sufficient warrant. For example; If question be whether Bowls or Chess be lawful or no: what can there be said in justification of them more than this, that recreation in general is by God's word allowed; the matter of it in particular not determined: these games not prohibited; therefore lawful and allowable. Now the very same may be said of Lots and Lottery. Game in general is allowed: no particular matter or manner of it prescribed: any therefore lawful that is not against the general rules of God's word; this of Lottery such; and therefore allowable. If any shall say, that the particular matter or manner of recreation is determined, z Affirmanti incumbit pr●batio. Paulus in Dig. lib. 22. tit 3. leg. 2. Et Ulpian. ibid. leg. 22. he must show where. Or if any shall say, that this particular by Lots is against the general rules of God's word otherwise, he must show which and how. Otherwise there is no civil action almost that shall be justifiable, as a Hebraeu & Afiaticis omnibus ignotum & inusitatum id genus vest●us, docent phrases illae lumbos accingendi, Exo. 12.10. & pedes contegendi, jud. 3.24. sed nee Romanis in usu, quod Casaub. notat ad Suet. jul. going in doublet and hose, b Et hae● illis oli●●, & plaerisque Orientalibus adhuc inusitata. wearing band and cuffs, c In Zona siquidem olim g●stabatur pecunia. Matt. 10 9 Marc. 6.8. carrying a man's purse in his pocket, d Accubitus priscus convivantium & comedentium gestus. Matth. 26.20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Marc. 14.18. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Luk. 22.14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. joan. 13 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. sitting on a stool at the Table, crossing the water in a Boat when one may go about by the Bridge, e Olim vetitum. Leuit. 11.7. Deut. 14.8. de quo Plut. symp. l. 4. q. 5. à Troskistis nostris renovaetum. eating of pork, f Et hoc olim prohibitum, Leu. 7.26. & 17.10. sed & ab Arianis nostratibus nu●er revocatum. blouddings or aught strangled, and the like, if it shall be deemed enough to make an action unwarrantable, either because there is no particular precept or precedent for it in Scripture, or because it is questioned or condemned by some without any reason or sufficient cause rendered why it should be questioned and condemned in that sort. And so I conclude and leave this sixth and last reason taken from the common grounds of other ordinary recreations not questioned, which must all with this either stand or fall, the self same grounds supporting either; that this particular is not prohibited, nor is against the general rules of God's word otherwise; which as in the former, so in this case must stand good, till the contrary can be proved. CHAP. VII. Answer to the principal Objections made against lusorious Lots. § 1. But here will some of the former Author's object and say, we can show how this kind of disport or recreation by Lots, and the use of a Lot in such cases is against the general rules of God's word. And so I come to examine the several objections that are by several men brought against this kind of disport. Wherein I will deal as ingenuously, and as indifferently as I am able to do; propound their arguments as I find them, and as many as I find of them, not picking out the weakest and passing by the pithiest, or setting down some part or piece of them and concealing the residue; but as near as I can, gather all I can find in such Writers as I can understand to have dealt in this argument, and enforcing them as far as themselves do to their best strength. Now this that I may the more orderly do, their arguments shall all of them be referred to these two heads, the principal, and the less principal. The principal Arguments I call such as tend to prove them simply unlawful, and so evil in themselves. The less principal such as tend to prove them inconvenient and inexpedient, or such as have been by the most or the best generally disallowed and condemned. The former may again be sorted into two ranks according to the two Terms of the thing questioned, A Lot used in recreation, or Recreation by a Lot: for either they are taken from a Lot and the nature of it, or the proper use and end of it; or from the nature of recreation, and the use and end of it. § 2. The first main Argument than is taken from the nature of a Lot, which is affirmed to be a work of God's special and immediate providence, a sacred oracle, a divine judgement or sentence: the light use of it therefore to be an abuse of God's name; and so a sin against the third Commandment. The Argument is by divers Authors diversly moulded. From God's special and immediate providence they reason first on this wise. a Sorts, in quibus singular: provide atiae argumentum inest, in re l●ui ●on adhibendas: quod ea ratione quod ammodò Dei prouidentiam illudimus, etc. Dan. de Iud. aleae c. 9 rat. 1. Et Taffin. de emendat. vit. l. 2 c. 19 §. 2. Lots may not be used but with great reverence, because the disposition of them cometh immediately from God. Perkins golden chain. chap. 20. on command. 3. God's immediate or especial providence is not to be vainly or lightly used. But in every Lot is an especial and immediate providence of God. No Lot therefore is lightly or vainly to be used. The Proposition of this Syllogism (such as it is) is further confirmed by an Argument taken from the tenor of the third Commandment. b Dan. & Perk. ibid. God's name is not lightly or vainly to be used. God's Providence is God's name. God's Providence therefore is not lightly or vainly to be used. The Assumption is confirmed by two testimonies: the one divine, a sentence of Salomon's, c Dan. ibid. The Lot is cast into the lap, but the whole disposition of it is of the Lord: d Fennor of recreate. rule spec. 4. So that the nature of a Lot lieth wholly in this that although the things be of us, yet the disposition is wholly of God: that is, he useth not here our means of cunning, practice, strength, steadiness of hand or such like, but taketh it wholly to himself. The other human, a saying of Hierome, e Eastie histor. of Gospel. Hierome saith a Lot is an hidden and incomprehensible predestination, ruled by God: who dare play with this then? First the principal Syllogism itself is not sound, there are four Terms, as they say, in it. I show it by the like Paralogism built of the same frame and set upon the same ground. God's Providence, being his name, is not to be used lightly, or to recreation and disport. But in all things, or in every action that is, there is a Providence of God. No thing or action therefore may be used to disport. And so all recreations shall be utterly 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 true that in every Lot is a special and immediate Providence of God. For the discovery hereof let two grounds formerly laid be remembered. The former, that f Chap. 2. §. 4. conclus. 1. the act of the Creator and the act of the Creature are in these cases to be distinguished. The casual event in regard of the Creature is one thing, and God's providence directing and ruling or overruling 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 do in those things that are not casual, but are carried and managed by man's Art and industry, and yet are accompanied also with God's providence. The latter, that g Ibid § 5 concius. 2. it is not the casualty of an Event that maketh it a work of God's immediate Providence. For many things are casual, which yet are not works of Gods immediate providence, nor imply his special presence. Whereas if a Lot in regard of the casualty of it were a work of God's immediate providence, and did in that regard imply his special and extraordinary presence, than all casual events should be such. For h Quod convenit tali, quatenus tale, convenit 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 foul to fly before a man on his way, or for a dog to cross a man's bowl in play, and that it may be, where there is no likelihood of doing well otherwise, implieth not any special or immediate Providence: no more therefore doth a Lot. §. 3. But let us examine the proofs brought to strengthen this part. First for the sentence of Solomon, there want not good Authors that expound it of i De singularibus, mirabilibus, divinis, quas disterminant à politicis. Chytrae. in jud. c. 1. Io. Winkelman profess. Marpurg. & Barth●ld. Krakevitz in jon. c. 1. & Peucer. de divinat. singular, extraordinary, and miraculous Lots only: such, to use the words of one of our k Eastie lust. Gosp. Adversaries, as are used immediately to find out Gods will: whereas these that we now dispute of are no such; l Authores praenominati. neither is it now lawful to use any Lot at all to that end. But the words seem to be more general, and are word for word thus in the original, m Prou. 16 33. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sicut Num. 26.55. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 terram lamen (quod attinet) sort dividetur. Et N●hem. 9.32. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ne sit ●arum tibs, totam haenc molestiam (quod attinet.) The Lot, it is cast into the lap; n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●moe indicium cius. Mercer. but every judgement or disposition of it (for there is no article there answering our English The) is of God. As he saith elsewhere, o Prou. 29.26. Many seek the Ruler's face or favour; p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but each man's judgement is from God. And, q Prou. 21.31. The Horse is prepared for the day of fight: r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sicut Psal. 3 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Et jon. 2.9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but salvation is of God, or belongeth to God, is Gods. Which words so read t Dicere vult omnia gubernari à divina providentia, etiamsi nobis casu quodam fieri videantur, ut id quod sort alicui contingit: qualis providentia in aliis omnibus eventibus, quamuis maximè fortuitis cernitur: nec tollit ista communis providentia casum. Bellarm de cleric. l. 1. c. 5. import only thus much, that there is a providence of God in all things, even in the least, in the most casual things, and among the rest by name in a Lot: And so is there no more said of Lots there, then is spoken elsewhere not of Lot's alone or things casual only; but of all men's thoughts and purposes, and words and works, and counsels and courses; as we have s Chap. ●. §. 3. formerly shown; and as beside the Authors there alleged, some of those that urge this place for the proof of this point confess elsewhere against themselves when they say, that u 〈◊〉 ford. dialog. Et Zanch. de sort. Deum omnia regere, igitur sortes etiam. The disposing of the Chance is secret that it may be Chance indeed and wholly of God, who directeth * Prou. 16.1, 3. 9● 33. Balmf. ibid. all things. Yea take the words as they are usually read, The Lot is cast into the lap, but x Geneu. translat▪ the whole disposition, or y 7 b● Kings Edit●. the whole disposing thereof, is of the Lord; It may as truly be said with good warrant from divers z Psal. 33.10, 11, 13, 14, to 20. & 37.6, 7, 9, 12, to 16 & 127.1, 2. Prou. 10.22. & 19.21. & 20.24. & 21.30, 31. Esai 26.12. & 34.15, 16. jerem. 10.23. Matth. 6.26, 30. & 10.29, 30. other places of Scripture beside * supra. those by the Adverse party produced; that the whole issue or event and disposing of all things great and weighty, or less and lighter is of the Lord: Which yet excludeth not the means, that God worketh by or with, in the most of them, nor implieth an immediate providence universally in them: but is therefore so said, and may truly be said, to show, that it is wholly in God's hands to dispose of the event and issue of all things, and to cross or give way to them, as he shall see good. So that a man may as well, and upon as good ground out of the places concerning all other men's speeches and actions alleged by themselves, (together with those other, which are some of them yet more general and of larger extent) exclude all things else whatsoever from game, as they may Lots, in regard of aught that concerning them can be picked out of this place. § 4. If it be objected, that a It ruleth in all: but in the most by means; in a Lot it is immediate: which therefore to dally with is dangerous. East. hist. Gosp. reas. 5. there is an immediate providence of God ever in the one but not usually in the other. I answer, that indeed is presumed, that in every Lot there is an immediate providence of God: but it is not yet proved: yea (though that be more than my task requireth: b Agenti incumlit probatio. Martian. in Dig. lib. 22. tit. 3. log. 21. & 23. he that saith it should make it good) it may thus be disproved. First if in every Lot there be necessarily an immediate work and providence of God, then is it in the natural power of man to make God work immediately at his pleasure: for it is in man's power naturally to cast Lots at his pleasure. But to say that it is in man's power naturally to set God on working immediately at his pleasure, is absurd. There is not therefore an immediate work and providence necessarily in every Lot. Again who seeth it not that the lighting of Lots in this or that manner ordinarily cometh immediately from the act of the Creature? For example: In the blending of scrolls or tickets together, the motion of the vessel wherein they are blended (no regard had to the end for which it is done) causeth some to lie this way and some to lie that way, (every new shaking thereof causing a new sorting) and so some to lie higher and nearer at hand, if a man will draw of the next, some lower and further of, not likely to be drawn so soon, unless he dive deeper. Neither can any man say certainly that there is ordinarily any special hand of God, in the shuffling and sorting of them, crossing the course of nature, or the natural motion of the creature, and so causing those to lie higher and so nearer at hand, that would otherwise have lain lower, and those to lie lower and so further from hand that would otherwise have lain higher. So in the shuffling of Cards, the hand of him that shuffleth them is it that disposeth them, and that diversly 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 cast to move, till either that force failing, or some opposite body hindering it, it cease to move further, and so determine the chance. Yea suppose two agree to decide a doubt by the cards, as they come where they lie (left by those that last used them) without further ado; the position of them now in that sort that they find them, is caused by him that so left them, either at all adventures, or (as it may well be) on some special occasion otherwise, and yet is it casual and a Lot to them. Or lastly to instance in one other sort of Lots more commonly used by children in game; when they play at Even and odd, or at Heads and points, either there is no such immediate providence, as these men dream of; or if there be, it must be exercised not in disposing of any corporal motion of the insensible Creature (for the Lots are already disposed, be they stones or pins, by him that holdeth them) nor in directing the others hand in choosing, or in placing of his pin (for * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dion. Chrysost. orat. 26. his own will led by guess and conjecture doth that) but in inclining the will of the child, or guiding his conjecture; which how senseless it is to say, let any reasonable man judge. And the like may be said of those serious Lots, 1 Altari chartulis duabus imp●sitis, puerum miserunt, qui alteram assumeret. Gu●l. Tyr. bell. sacr. l. 12 c. 24. wherein a child is employed to choose and take up what he listeth and best liketh, and by his choice is the controversy or question decided: As also 2 Sic captis Hierosolymis decretum v● candidatis 4. calic●s 4. proponerentur, ut qui cum elegisset in quo ho●tia contineretur, is imperium obtineret. Night. in annal. wherein the parties themselves choose each one for himself of the Lots openly exhibited, but distinguished by some difference to them secret and unseen. Yea but c East. hist. Gosp. reas 1. Hierome saith that a Lot is divine predestination: and who dare daily then with it? Where Hierome saith so, I find not. I find only d Hieron. in jon. ●. 1. where he saith (cited e Cap. 2 §. 3. before) that there was a secret hand of God directing the Lot that lighted on jonas: but f Non statim debemus sub hoc exemp●o sortibus credere: cum privilegia singul●rum non possint legem facere communem. Hieron. ib. he addeth withal, that no general rule can be gathered for ordinary Lots from it. But Augustine yet saith Zanchie, g Aug. ait praedestinationem etiam posse appellari sortem. Sic Virgil. Aen 6.— Hic exitus illum sort tulit. Zanch. de sort. saith that Predestination may be termed a Lot. True it is that Augustine indeed saith somewhat to that effect h Cap. 4. §. 14. formerly likewise alleged, to wit, i Sorts dixit gr●tiam qua saluati sumus, etc. Aug. in Psal. 30. conc. 2. that Gods saving Grace is called a Lot: because k In sort n●n est ele●tio, sed voluntas Dei. Ibid. in the same there is no choice but Gods will alone, and so our salvation dependeth on God's free-favour and good pleasure only, not on man's merit. But that is but a tropical or metaphorical speech, comparing the freeness of God's choice to the indifferency of a Lot, that hath no respect to any matter of men's worth or desert: and so no way concerneth the present business, neither is it of force to prove a Lot to be that that is figuratively compared thereunto. Again it may be granted that a Lot cast by God's special appointment for this end to discover what person God hath assigned to some place, may in some sense (though very improperly) be termed God's predestination, because it is a sign of it, or a means to discover it, as l Tria illa (praeceptum, prohibi●io, consilium) idiò dicuntur Dei voluntas, quia sunt signa voluntatis divinae. Lomb. sent. lib. 1. dist. 45. K & Tho. sum. par. 1. q. 19 a. 11, 12. Gods will is put not unusually for the Signs of his will. But that also were nothing to the Lots that we now entreat of: since there is no sound reasoning from extraordinary to ordinary actions. And so much for the first form. § 5. Secondly, from the same grounds they reason on this wise, m Balmford. dial●g. argum. 1. Whatsoever directly, or of itself, or in a special manner tendeth to the advancing of God's name is to be used religiously n Mala. 1.6, 7. , and not to be used in sport; as we may not pray or swear in sport: d Exod. 20.7. Esai 29. ●3. jerem. 4.2. But the use of Lots directly, or of itself and in special manner tendeth to the advancing of the name of God in attributing to his special Providence in the whole and immediate disposing of the Lot, and expecting the event e Prou. ●6. 33. Act. 1.24, 26. . Therefore the Use of Lots is not to be in sports. I answer: The assumption is not true if it be understood universally: it concludeth nothing to the Question if it be taken particularly. The proof annexed to it scarce carrieth good sense: the Printer, it may be, is in fault. But if the meaning of the Author be, as I conceive it, (for I must in part go by guess) that the disposition of every Lot is wholly attributed to, and the event wholly expected from the special and immediate Providence of God; I deny it, neither do the places produced prove it. The f Prou. 16.33. former of them, concerning ordinary Lots or Lots in general, was examined and answered sufficiently before. The g Act. 1.24, 26. latter is an example of an extraordinary Lot, wherein there was indeed an immediate and special providence. But h Vise Hieron sup §. 4. Sic & Greg in Ezech. homil. 2. Ali●● est quod de doct●i ae vs● atque discip●ina dicimus, aliud qu●d de miraculo scimus. extraordinary examples make no general rules. Neither is it a good course of arguing to reason from the special, or a singular to the general and universal; much less from one extraordinary act or event to all ordinary courses of the same kind. Herein is the difference between the one and the other, between the extraordinary Lot, wherein there is an immediate hand of God for special purpose, and the ordinary Lot, wherein there is not; that the one could not but fall certainly, were it never so oft cast, as in the Lots used for the discovery of i I●sh 7.16, 17, 18. Achan and k jon 17. jonas, and in the election of l 1. Sam. 10 20.21. Saul and m Act 1.23, 24, 25, 26. Mathias, and the like: whereas the other cast oft in the same case, as for partition of goods and chattels descending by inheritance upon, or bought in common by divers would not constantly and certainly fall out still the same. And thus much for the two first forms; which in effect are the same. § 6. Thus than they reasoned against a Lot in game as an abusing of God's name and a playing with a work of his immediate providence: Now further they charge it as a tempting of God in requiring of a special work and immediate sentence from God for the deciding of vain doubts: And first they argue on this manner: n Balmford. dialog. argum. 2. We are not to tempt the almighty by a vain desire of manifestation of his power and special providence. But by using Lots in sport we do so: therefore we may not use Lots in sport. The assumption they seem to prove on this wise. o Dan. de Iud. al. c. 9 rat. 1. To call God to sit in judgement where there is no necessity so to do, or for the determining of trifles, is to tempt, nay to mock God: But by the use of Lots in sport God is called to sit p Tanquam reigerendae extraordinarius moderator & arbiter. Dan. ibid. in judgement where there is no necessity, for the determining of trifles. By the use of Lots in sport therefore we tempt and dishonour God. The Proposition is confirmed à simili, r Eastie h●stor. of Gosp. reas. 5. by the King and Council, by whose government though we all live, yet were it a dishonour to them to be called upon by children to determine their sports. The Assumption is proved à pari, by comparing together a Lot and an Oath: x B●●mford. dialog. ground 3. A Lot in the nature thereof doth as necessarily suppose the providence and determining presence of God, as an Oath in the nature thereof doth suppose the testifying presence of God. y Ba●mf. ibid. & Z●nch. in misce●●. ●r. de sort. Etian si actu no●anuoc●s, tamen r●ipsa D●um inuo●as sortibus. Yea so, that as in an Oath, so in a Lot, z 1. Sam. 14.41. Prayer is expressed or to be understood. In which regard also as an Oath, so a a Perkins Cas. of Consc. l. 3. c. 4. § 4 q. 2. Lot is an b Res sacra. Dan. Iud. al. c. 9 rat. 1. religiosa. jun. in jon. c. 1. act of religion, in which we refer unto God the determining of such weighty things as can no other ways be determined: and therefore c Perkins ibid. in the use of it is ever enfolded, and sometime also expressed, both a confession that God is a sovereign judge to determine such things, and d Act. 1.24, 25, 26. a supplication to him that by the Lot, when it is cast, he will be pleased so to do. A Lot, therefore, as an Oath, is not to be used but e Vise sup. cap 5. §. 2. in case of necessity and extremity: and f Perkins ibid. being a solemn act of religion may not be applied to sporting: g Eastie history of Gosp. reas. 6. We may as well jest with the Word, and Sacraments, and Oaths, as with Lots. There might be divers several arguments framed out of these allegations; but because they build all on one ground, and stand upon one bottom, I have thought best to put them in this manner together that the same common answer might serve them all. § 7. First therefore the using of Lots either in matters sage and serious, or of sport and delight is h In judo taxillator●o ●udicium divinum non requiritur, sed fortune res committitur. Th●m de sortib. c. 5. & Lyra in Prou. c. 16. not of itself any desire of the manifestation of God's special power and providence by an immediate disposition, unless men offend against the caution before given in doing it to this end, to try thereby whether God will vouchsafe to work immediately and extraordinarily or no; which being not of the nature of the thing itself, is not necessarily implied in the ordinary use of it. ʰ Neither is there any such calling in of God to decide doubts in game, but i judice fortuna cadat al●a. Petron. satire. Fortuna sit opti●nis judex, & sort dirimatur. justin. instit. l. 2. tit. 20. the matter in question is put to the casual disposition of the Creature; no more than there was any solemn calling of God in, or calling upon him to determine the tithe, in the example before alleged out of k Leuit. 27.37. the Law. And therefore consequently l Non est periculum ne Deum t●ntare videamur. Martyr in 1. Sam. c 10. no such tempting of God, as is here charged, in the use of a Lot, be it used either in case of necessity or otherwise. Yea rather if a Lot be such as here they say, it is not to be used in any business at all upon any occasion whatsoever. For, It is m Deut. 6.16. Matth 47. not lawful to tempt God n Praecepta negativa ligant semper & ad s●mper. Gerson. reg. moral. in any case whatsoever: But to use Lots in any case whatsoever is to tempt God: It is not lawful therefore to use Lots in any case whatsoever. The assumption is thus proved evidently o Ex concessis. by the former grounds and grants: p Exod. 17.2.7. Psal. 78.18.19.20. To require a work of God's immediate power and providence in this or that kind, is to stint, and so to tempt God: But to use a Lot in any case, is to require a work of God's immediate power and providence: (for every Lot, say they, is such:) Therefore to use a Lot in any case whatsoever is unlawful. But this Conclusion is untrue: for q Prou. 18.18. a Lot in some cases may lawfully be used: the former ground therefore is false. It is indeed * Non permittit nos D●us voluntatem suam per media extraordinaria investigare. Del●io disq. mag. tom 2. l. 4. c. 4. q. 5. § 2. unlawful and a tempting of God to use a Lot so as they would have it used only, to wit, requiring & expecting an extraordinary work of God in it, in any case or upon any occasion whatsoever, without God's express appointment of it, though all means should fail otherwise. For to have recourse to extraordinary means when ordinary fail, is to tempt God by refusing to depend and wait upon God, as our Saviour implieth, when r Matth. 4.3, 4, 2. at the devils motion he refused to s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. si●ut 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1. Reg. 2.17. malè vulgó exponunt, jube, impera, etc. speak to his Father to have stones turned into bread, lest by so doing he should tempt God, though it were in case of extremity: that which was * Exod. 17.2.3. Psal. 78.41. the sin of the Israelites sometime in the Wilderness. No such Lot therefore at all as they allow of is allowable. And to speak as the truth is, by the course and force of this their discourse, the only lawful use of a Lot is disallowed and condemned, and an unlawful and unwarrantable use of it is allowed in the room of it. §. 8. Secondly, an Oath and a Lot are not alike: the comparison therefore laid between them will not hold. For neither is the right of aught in an ordinary Lot put to the special providence or immediate and extraordinary work of God; as t 2. Cor. 11.31. Galat. 1.20. Phil. 1.8. the truth of the thing testified is in an oath put to his testimony: neither is there in every Lot any such solemn invocation of God, as there is in an Oath ever either u 2. Cor. 1.23. expressed or implied, by which God is called to witness with us the truth of that we avow, or the truth of our purpose to perform what we promise: y 1. Sam. 14.41. Act 1.24, 25, 26. as may hereby appear. 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 adverse party define Lottery out of x Lyra in Pr c. 16 Lyra, To use Lots is by a variable event of some sensible thing to determine some doubtful or uncertain matter. Which definition of Lottery 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 do the places produced prove it. They prove only that Prayer was sometime used (but m Precatur, sed pr●rsus absque omni fide. Martyr in Sam. c. 14. a faithless prayer n 1 Sam 14.41. the one of them without word or warrant) before an extraordinary Lot for an extraordinary power and providence to direct the event of it; o Act. 1.24. the thing intended being such as the Lot by no natural power, either of the Creature using it, or used in it was able to effect: which kind of prayer hath no place, nor is lawful in ordinary or mere divisory Lots. For example: p Leuit. 27.32. In assigning and setting out tithe, it was not lawful, much less necessary, to pray God so to give a right Lot, that every Lamb or Kid that were indeed in course of time the tenth, might certainly or constantly so come to hand. But they prove not that prayer 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 usual q Hoc est jurare, Deum testari. Aug. in Psal. 109 Deum testen adhibere. Cic. Offic. l. 3. Quid est jurare, nisi ius veritatis Deo reddere. Aug. de verb. Ap. serm. 28. jurare est testem adhibere Deum. Lo●b. sent. l. 3. d. 29. F. Deum in t●st●m vocare. Thom sum. par. 2a 2 a. q. 89. a. 1, 4. & q. 98 a. 2. implo●are testimonium Dei exhibendum. Ibid. q. 89. a. 1. juramentum est Dei at●estatio ad veritatem sermonis nostri confirmandam. Calu. Instit. l. 2. c. 8. §. 23 invocatio Dei qua petimus ut Deus fit testis de animo nostro quod fallere nolimus, & ut vinde● sit si fesellerimus Melanch loc. come. in definite. juratio itaque ad inuocationē●ertinet. Ibid. de 2ᵒ precept. definitions of an Oath may appear. In election of offices sacred or civil prayer is used or at least ought to be used: yet it followeth not therefore that prayer is a part of the choice, or that therefore the election in the nature of it doth necessarily suppose a special providence and determining presence of God. Yea prayer may be used both before game and in game, as both before and at meat, and yet is not therefore of the nature of game, nor supposeth therefore a special providence of God and a determining presence in it. Lastly, a Lot is no religious act, nor holy thing of itself, as r Chap 6. §. 6. before hath been shown: there is much difference therefore between Lots, and the word of God, Sacraments and Oaths. For these things are holy of themselves and in their own nature, as the very definitions of them will soon show: and therefore cannot but be holy. Whereas a Lot is not in the nature and the definition of it holy, and therefore is not always and necessarily sacred. Yea those things are now holy, as ever, in our ordinary use; whereas no Lot is holy that we can use now adays; nor indeed was ever any so, save extraordinarily. But Gods taking of any thing sometime extraordinarily or from ordinary use to apply it to some holy and extraordinary use, doth not exempt the kind in general, but the thing only itself so used in special from civil or light and ordinary usage; and that also so long only as it is so set apart: As the use of water in Baptism hindereth not but that a man may play with water, yea and with that very water that may afterward be a Sacrament in Baptism, or that hath so been, but is not now. In like manner when a Lot shall be extraordinarily used for a special sign of God's immediate election and choice, whosoever shall then contemn or set light by that Lot, he shall abuse an holy thing and God's name in so doing; but not whosoever shall use otherwise any Lot to disport, yea though it were that Lot that had been used in such a business before; there remaining no more holiness in it after that use is over, then in s Exod. 3.2.5. the bush that burned but wasted not, when God manifested himself to Moses in it, after that manifestation was once ended. § 9 Again they argue hence on this wise: t Fennor of recreate. spec. rule 4. reas. 4. Gods Oracles (being his name) may not be used for recreation: But Lots are God's Oracles. Lots therefore may not be used for recreation or in disport. The assumption is thus proved: u Cartwr●n Prou. c. 16. Quod s●rt●m appellat judicium, etc. In that Solomon calleth a Lot judgement, where he saith; * Prou. 16.33. The judgement of it is of God: he showeth that x Pers●rtē Deus ipse in judicio sed●at. God himself sitteth in judgement by it, and that y Sortem esse Dei mund● judieu quasi vicarium, qua Deus ipse etc. decernit. Idem in c. 18 the Lot is as God's Deputy who is judge of the world, whereby he himself determineth of things doubtful, and such as no art or wit of man is able to discover. Yea not only z Fennor ubi supr. the Scripture maketh a Lot so the sentence of God, as in the most weighty matters of God and man, a Act. 1.24.26. Num. 26.55. Leuit. 16.8. of life and death, b Iosh 7.14. it is the very oracle and determination of God's will, wherein a man must rest without any contradiction or motion to the contrary: but even c jon. 1.7. the very Gentiles themselves also knew it to be God's Oracle. These proofs of the Assumption are unsound and insufficient. For first for d Prou. 16 33. the testimony of Solomon; though the word therein used in his native sense and original signify properly e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 judicare, unde & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iu●ex, & Su●es Consul Poenis apud Ennium, Liu●ū, Festum: inde enim m●lius jos. Scalig. ad Eus●b quam à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Id ni ad Fest. & Drus. anim●d●●. l. 2. c. 24. judgement, and is therefore f jerem. 4 2. one of the necessary attendants of a lawful Oath, as g I●● a ●entum hos debet ba●er● comites, veritatem, justitiam, judicium. Hier. in Ie●. c. 4 & ap●d Grat. c. 2.2. q. ●. & Thomsum. 2 ² 2 ae. q. 89. a 3. the learned well observe. Yet neither is a Lot there termed judgement; though the word that naturally so signifieth be applied there unto it, and might be properly used of some special kind of it: Neither doth the word in the ordinary use of it only so signify, but is used more generally for any custom, or manner, or course, or carriage whatsoever, be it light or weighty, just or unjust; as where it is used of the profane and preposterous carriage h ● Sam. 2.13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Elies' sons towards God's people; as also where it is applied to the superstitious and savage demeanour i 1. King. 18.28. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Baal's Priests toward themselves: and in this general manner the best and most Interpreters there take it. * Fortuna sit index sort adhibita. Cod. li. 6. tit. 43. l. 3. The word therefore there used is too weak a ground to bear a frame of such weight as is here built upon it. For as for God's immediate sitting and sentencing in Lots, (of which further anon) the conceit of it breedeth a superstitious use of them; (the rather therefore to be abhorred:) m Tota racio eius. Ium. & Mer●er. disposition, or disposing, Augl. from some taint whereof that speech of n Cartwr. in Prou. c. 18. the same Author cannot be freed where he saith, that o Valet ad verum reconditissamarum peru●stigatio●ē. Lots are available for the finding out of the most hidden things, as they have been used oft to that end: as also that p Derebus d●bijs null h●minum arte ●ut ingeni● inu● stigandis Si● Se●ar. a● I●sh. c. 7 q. 19 Vuiness sortibus ad veritatem e● concursu divino, 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, etc. quorum a●tor & dispensator Diabolus, non Deus. Et ips● Sera●. ib. q 20. V●tita sunt sorts quibus incrimina inquiritur. by them such doubtful things may be determined, as no wit or skill of man is otherwise able to decide. For what hidden truth can by any Lot be discovered? or what can be decided or determined by a Lot, that might not be determined by any third party, yea by a child or Idiot, as well as by a Lot, if it should please the parties contending to refer themselves thereunto? § 10. Secondly for the instances alleged: To reason on this manner, Lots were once God's 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 always: both the consequence is unsound, and the consequent untrue. For first it followeth not; If sometime extraordinarily, then ever. q 2. Sam. 5.24.25. The noise that David heard over his head in the mulbery-trees was God's Oracle to him: shall the like rustling, that we may chance to hear in trees over our heads, be therefore a divine Oracle to us? r 1. Sa. 14.8, 9, 10. The Philistines speech to jonathan and his Armour-bearer was as an Oracle of God to them: shall the like answer therefore be the same now to us? or must it needs therefore be ever such? Again that Lots are not always, nay not at all now God's Oracles or any such divine sentence, it is evident. For first s Num. 23.19.20. 1. Sam. 15.29. Esai 14.27. God's Oracles and sentences are certain and constant: for t Psal 33.11. & 111.78. Matth. 5.18 2 C●r. 1.18.19.20. his word and sentence is yea and amen as u M●lac. 3.6. I●ma. 17. Psal 65.15. Deus Amen. himself. And so were those Lots whereby God sometime gave sentence, as that which Achan was discovered by, which had it therefore either been oft cast, or cast by divers persons at God's appointment at once, would still constantly have * Iosh 7.16.17.18. Certissima est cognitio quaeper sorts à Deo temperatas habetur. Zanch. de sort. lighted on no Tribe but Iud●, no kindred but the Zarchites, no household but Zabdies, no person but Achan. But then an ordinary Lot x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philo de constit. princip. Sor●res est incertissima. Bar● in I●u. c. 1. there is nothing more uncertain, ready upon every new shaking of the Lot pot to give 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 visit the pest-house, would the Lot drawn in this case 1 As in the Tuscan Estate they draw five several times, and so five several persons for each office. See before chap 4 sect. 8. four or five times together with never so great solemnity light certainly and constantly ever on the same man? Or suppose 2 As in the Venetian Estate, four several companies cast Lots for the nomination of the same Offices. Ibid. four or five several Companies in several places should, after the business solemnly by prayer commended to God, cast Lots upon the self-same employment among the same parties, were it certain, yea or probable that they should all light upon the same person? Or were it not trivolous, if not impious, therefore to say, that upon every second shaking or drawing GOD altereth his sentence, and so to accuse him of inconstancy; or that to several Companies he giveth a several sentence, and so to charge him with contradiction and contrariety? Secondly y Deut. 32.4. 2. Chron. 9.7. Ps 92.15. & 111. 7.8. & 19.8.9. Gods oracles are ever according to justice and equity: but the sentence of a Lot is not certainly such. For suppose a matter of right, wherein he that ought to yield will not yield, by mutual consent therefore of necessity put to a Lot; dare any man say certainly that it shall go with him that hath right? Or in war, suppose a whole troop put to cast Lots for their lines, among whom there are many that are no way at all faulty, dare any say that the Death-lot shall light on no one of these, but upon those alone that indeed have deserved to die? as z I●sh 7.18.19. in achan's 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 means God had then given warrant to search for. No: 1 Fieri potest ut innocentem dam●et sors. Serar. in I●sh. c. 7. q. 20. a Lot regardeth no more right than wrong, 2 Ex fuso exercitu cum decimus quisque fuste feritur, etiam ●renni sortiuntur. Tacit. annal. lib. 14. no more guiltless than guilty, ready to go indifferently for or against either. It is none therefore of God's sentence. Thirdly, if a Lot were God's sentence, 3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ut Aristid. de Rhet●r. ad Plat. what need men be so curious in examining and trying the fitness or unfitness of those that they admit to a Lot for the bearing of any Office either in Church or Commonweal? (For I spare to ask of the Popish sort, why they therefore forbear to elect Ecclesiastical Officers by Lot, if a Lot be God's sentence; because such things, say they, must be done by the inspiration of God's spirit●; a Honor. 3. in Decretal. l. 5. tit. 21. c. 3. & Thom. de sort. c. 5. as if God's spirit and his sentence were not sure to concur.) For is not b Deus melius in huiusmodi indicat. Aug. ep. 180. God as well able to judge of their fitness or unfitness as man is? Or do they distrust God, and fear that he will be partial in his sentence, whose constant commendation is, that he is c Deut. 10.17. 2 Chron. 197. job 34 19 Act. 10.34. Rom. 2.10. no respecter of persons? The general care therefore in this kind of all those that use Lots in any such weighty affair, showeth evidently, that they do not esteem the Lots verdict God's Oracle, but a sentence so uncertain, so inconsiderate, so heedless, that it might well run with them into a whirlpool drawing Church and State after it, if by human caution it were not the more warily managed. Was there any such fear, think we, in the Lot that d 1 Sam. 10.21. Samuel cast for a King; or any need of such caution to have been observed in it? §. 11. Lastly, it a Lot were a divine sentence, e Quibus in r●bus ad Deum consulendum ventum est, omnino stari indicio eius oportet. jun. in jon. c. 1. it were unalterable and unchangeable, such as men were ever bound to rest in and abide by, under danger of sin and disobedience, without further inquisition, consultation, consideration, or forecasting aught for the worse or the better. f Est. 1.19. & 8.8 Dan 6.8, 12. Gal. 3.15 Etiam ab hominibus iudicata pro veritate haberi solent jun. ib. Sententia, sisters iudicata pro veritate accipitur. alpian in Digest. lib. 1. tit. 5. leg 25. P●st rēiudicatā nihil quaeritur. Idem ex Marci Imper. sententia, l. 42. ●. 1. le. 56. quia res certa iam habetur. Accurs. Gloss. Man's sentence is sometime held such: Gods ever much more. Yea so it was in those Lots, wherein God extraordinarily gave sentence, as in g 1 Sam. 10 ●1. Saul's and h Act. 1.25, 26. Mathias his: whereas in ordinary Lots it is far otherwise. For first in private affairs no man is bound to stand to the event of a Lot which he never gave consent unto. In private affairs I say, because i Ad tertij alicuius petitionem cuius interest, jubere potest contendentes sorti rem ō●i●tere ● vel ad alterius petitionem, ● dissidentium tantum intersit, alteram c●get. Greg. Toloss. syntagm. l. 34. c. 5. in some cases the Law enableth the Magistrate to compel the parties contending, will they nill they, to bide by it; which yet k judicium sortis locum non habet nisi in casibus à iure expressis Bartol. apud Gom●z ad leg. Taur leg. 38. he is not permitted to do in more cases, then in the letter of the Law are expressed. It were an idle thing, for a youngman to tell his Parents that of two Maidens motioned to him for marriage such a one of the twain which they like not of, yet they ought to give their consent with (it is a l Bucer. in oper. Augl disput. cum Iung●. learned man's instance, and that approved by him, of a Noble man's son) because having cast Lots for direction after invocation of God's name in that business, the Lot had light upon her. Much more idle yet were it for him to bear one down, that she ought in conscience to have him and no other but him, and that without guilt of sin and disobedience she might not refuse him, because God in a Lot cast by him had given such a sentence. And yet were a Lot God's oracle, it should necessarily bind, not expecting man's privity or consent thereunto: yea where it was God's oracle, it did necessarily so bind, as t 1. Sam. 10.22. in Saul's case nothing willing at the first, but enforced in some sort to condescend unto that which the Lot imposed upon him. Secondly by mutual consent it is no question but that men may alter and change their Lots either with other, as u Inter ipsos Consules permutatio provinciarum facta est. Liu. l 26. anno 544. Levinus and Marcellus sometime did at the request of the Senate upon suit made by the Sicilians whom Marcellus, one they sorely feared, was else to have had. But may any by mutual agreement alter God's sentence, as x Prou. 2.17. Matth. 19.6. the wife to leave her head and break the covenant of her God, y convencrat olim, Vt tu quod velles, faceres; nec non ego possem Indulg●ra mihi. junen. sat. 6. because her Husband is content to agree thereunto? Or to hold to a Lot where it was a divine Oracle, might z 1. Sa. 10.21, 22. Saul so elected have surrendered his right to another, though the people should have been willing also to have yielded thereunto? Or might Mathias have resigned his place to Barsabas, and Barsabas by joint consent have taken it of him? Yet if in choice of a Minister for the pest-house, should the Lot light on one that (as * Proch●r. histor. joan. c. 1. Prochorus the Counterfeit fableth of john when he saw that by Lot he was to go over sea into Asia) should for fear presently sink down in a sound, and some other more hardy than he offer himself voluntarily to that office, were it not lawful to accept of him? or were it wisdom to refuse him, and press the other to it so unfit for it? Yea last in some case it were a sin for a man to retain that which by Lot is befallen him. For may a man with a good conscience keep his brother's right from him, which the iniquity of a Lot, for quietness sake yielded to by the other, hath against justice cast upon him, and say it is God's sentence? yea may not the wronged party lawfully endeavour, by convincing him in conscience of the wrong that he hath done him, to recover his right, if he can? Or as a Act. 1.25.26. Mathias should have sinned in renouncing his Apostleship; so did not b joseph captiu. l 4 c 12. Phannias' that silly Idiot as well sin in accepting of the High-preistship, though assigned him by Lot? And yet by these men's positions should that Lot also be God's sentence, and his choice thereby Gods immediate call to that office. A senseless conceit to suppose that any man should sin by following Gods call, by doing after God's sentence. § 12. Where it is to be observed, that howsoever it is here pretended that the very Heathen held their Loteries ever to be most religious and inviolable; yet in truth it is not so? c Vise cap. 4. § 7. They esteemed it indeed a very prudent and politic ordinance for the preventing of divers inconveniences; yea d Vise quae ibid. Huc per i●cum allusit Cic. Phil. 3. Prae●lara fu●t Se●atus in ill● di● religiosae provinciaerum sortiti●: divina verà opportunitas, ut quae cuique aptae esset, eo cuique ●b●●●iret. in some sort too religious, as in their public affairs it was ordered, in regard e Hinc sortitio vitiosa, in qua ●itus illi parum ritè obseruati. Liu. l. 41. ann. 578. of some superstitious rites used about it, as f Nihil ferò quondam maioris rei nis● auspicato, ne privatim quidem gerebatur. Cic. de divin. l. 1. Nostrinihil in bello sine extis agunt: nihil sine auspie●●s domi habent. Ibid. Hinc Magistratum vitia creati. Cic. de divin. li. 2. Liu. l. 23. an●. 539. & ●uet. Aug. c. 34. about all other their solemn, yet civil employments either public or private: And g Vise qua sup. cap. 4. §. 7. in that regard held they it an heinous offence for any private man to alter the course of any business which the state thereby had established. But yet they reputed not the Lot to be so sacred and peremptory a sentence, but that they might reject those that it had lighted upon, if they either * Corn. Scipioni Hispalli Fo●ùm Hispania provincia sort obu●nisset, ne illuc iret, Senatus decrevit, adiecta ●ausa, quòd rectè facer● nescir●t. Vaeler. Max l. 6. c. 3. already knew them, or f Hinc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 actiones. Demost. & Lysiae. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Demos●h. in Aristag. 1. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, qui r●i●ctis sufficiebantur. Vise cap. 5 § 4. upon further trial found them to be unfit: Yea and but that otherwise they might and did usually go from it, sometime g Comi●ijs Coss. quiae Aemylius cuius sortis ea cura erat, occurrer● non potuit, Flaminius Roma● venit. Liu. l 39 ann. 568. in case of necessity, when by accident the party was disabled to do that which by Lot he ought to have done; sometime h Flaminem cui Sardinia provincia evenerat. Pont. Max. ad sacra retinuit. vicit religio. làem l. 37. anno 565. in case of religion, the party being thereby restrained from going whither the Lot had assigned him; sometime i Duo deprecati sunt ne in provincias irent, etc. Liu. l. 41. ann. 578. at the suit of the parties themselves; sometime k Ad Si●ulorum petitionem sup. Levin & Marcell. at the earnest entreaty of some others; sometime upon one consideration, and sometime upon another, l Vise exempla varia cap. 5. §. 6. quibus addequod Liu. l. 9 Fabius' alienae sortis victor belli, in suam provinciam exercitum reduxit. when after the Lots cast, upon better advice, they misdoubted that it might prove any way prejudicial to the public, if the course were not altered. In which kind they are, as deservedly to be approved and commended; so to be preferred before the superstitious jews, who m Ex joseph. capti●. l. 6. c. 8. & contra Apion. l. 2. ad●ò nefas putabant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 confundere. jos. Scalade emend. temp. rather than they would break the order of the Priestly employment in set courses at first settled by Lot, suffered the service of God for some space of time in the siege of their City to be wholly neglected, because all the Priests of that course then present there were utterly destroyed, that aught at that time to have done the service. True it is indeed that in the Civil Law n A judicio sort is appellari no● potest. Baldus. B●rtol. & jason apud Gom●z. ad Taur. leg. 38. &. Greg. Tolos. apple. l. 2. c. 16. A bonorum diuisione inter fr●tressorte facta non datur recursus Par. de Put. dear milit. num. 2. t●m. 16. Nicel. de concord. gloss 6 fall. 45 num. 86. Bon●rum divisiones sor. e facta non s●lent refringi. Re●uf. de appel●. art. 3. num 6 A judicio sor●u non potest peti resti●utio in integrum. Maran. specul. part. 6. act. 2. R●stitutio post sortem denegaturetiā min●ri. Franch. sum. 3 Cod. in 6. all Appeal is denied ordinarily from the sentence of a Lot: But that is, not (as some of them fond say) o Quia for'rs vel fortuna, sive vol●●tas diui●a in mundo superiorem non habet. jason. 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 superior in this world● but rather, as others, with better colour of reason; because p Quia facilioris judicij & actus causa ita placuit. Gregor. Tolos. de appell. l. 2. c. 16. this course is taken for more speedy dispatch; because q Alioqui se mutuò impediunt. Idem syntagm. l. 34. c. 5. by flying from it in divers cases they shall but hinder either other from ever coming to any issue; because a Lot is the most equal and indifferent course that can be and no corruption or partiality can be charged upon it: and lastly r Quod inter contenden●es itae placmerit: & à judicio 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● eventui se obligarunt. Percer. de diui●at. because commonly it is by mutual consent that matters are put thereunto, s A indicibus quos communis consensus elegerit, non licéat provocare. Con●i●. Mileu. can. 24. apud Grat. c. 2. q. 6. & Cr●spet. in sum. Idem habit & 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 own act justly concludeth either side: t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato de leg. lib. 6. Agreeable whereunto is that of Plato, who in his State inhibiteth all appeal from those judges that the parties themselves have made choice of by mutual consent; As also u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à quibus appellare licebat ad Indices: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, à quorum arbitri● re tantum integra recedere licebat. Bud. in commentar. Graec. ex D●mosth. in Ap●ob. Itaque recté Plin. praefat. ●. u. plurimu● interest sortiatur quis indicem an eligat. in the Athenian Estate, though they might appeal to the principal judges, from such Arbiters or Umpires as by Lot were assigned them; yet * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (Arbitrum loquitur ex mutuo consensu detectum) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lex Athenieus. apud Demosth. in Midiam. from such as by mutual agreement they had referred themselves unto, it is apparent that they could have no appeal. Let me add one thing further that in some cases at the civil Law, though no remedy ordinarily be granted in a division by Lot made with some inequality, because Qui sentit damnum, sensisset lucrum, si, quod p●tuit, ei sors fa●isset. Sigism. Sca●●h. de appell. quaest. 16. limit. 6. the hazard of lighting upon the less part and so of sustaining the loss was alike unto either; yet it is the opinion of good Lawyers, that x Non procedit limita●i●, si ad sse● enormis l●sio, etc. Idem ibid. A sort itaque qua●d●que appellatur. Ibid. if the inequality be overgreat, the Magistrate may lawfully interpose his authority 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 ordinary reason judge how a Lot can be said to be a sacred Oracle, and a divine sentence, that neither absolutely tieth any man for matter of fact, nor doth certainly determine aught in question of right, that never speaketh certainly, and would oft speak unadvisedly, if by human 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 drawn from the proper use and end of them. And herein they reason sometime from the affirmative, sometime from the negative. From the affirmative thus: y Balmsor dialog. argum. 3. Whatsoever God hath sanctified to a proper end, is not to be perverted to a worse end z Matth. 21.12, 13. . But God hath sanctified Lots to a proper end; viz. to end controversies * Num. 26.55. Trou. 18.18. . Therefore man is not to pervert them to a worse; viz. to play, and by playing to get away another men's money, which without controversy is his own. This argument thus conceived is faulty two ways. For first it goeth from the question, which is not whether any Creature or ordinance of God may be perverted, or perversely used; but whether the use of Lots questioned be a perverting of them or no; whereas in the conclusion it is taken for granted that it is. Neither again is the question whether men may use Lots playing for money (a thing incident to other games as well as these; which whether it be lawful or no, I shall not need now to discuss.) much less, whether they may be used in game to that end, to get another man's money from him, or no; (which is no general use of them, nor hath any place at all there, where either there is no wagering at all, or where the Lot is used only at the beginning of the game, to decide who shall join, who lead, or the like:) but whether Lots may in any wise be used in sport. Secondly there is more inferred in the conclusion than was in the premises, and that which followeth not from aught in them. For the use of a Lot in play is ever to decide some question or controversy, though a light one it is like, yet a question or controversy truly so termed; otherwise it were no Lot. For the mending of these faults the argument may better be conceived on this manner: That which God hath sanctified to some proper use, is not to be applied to any other, especially a worse use. But a Their proper use is to decide great controversies Perkins gold. chain, chap. 20. on precep. 3. God hath sanctified Lots to this proper use, to wit, the deciding of controversies in matters of weight. A Lot therefore may not be applied to any other use, much less to a worse. The Proposition is proved by b Matth. 21.12, 13. ex Esai 56.7. & I●r. 7.11. an instance of the Temple, set apart for prayer, which the jews therefore are reproved for applying to market and merchandise. The Assumption is confirmed principally by that saying of Solomon, c Prou. 18.18. The Lot stinteth strife, and maketh partition among the mighty. For d Num. 26.55. the other place is but an instance that a Lot once was by Gods own appointment so used. It is amplified à simili, e The proper end of a Lot, as of an Oath, is to end a controversy. Balmford. dial. ground 2. by the like use of an Oath: concerning which there is a further speech of the Apostle brought f Fenner of recreate. spec. rule 4. reas 1. to prove that Salomon's purpose in those words before alleged is to show the only lawful use of a Lot; (viz. to end controversies which otherwise conveniently cannot, when each Contend without the Lot is too mighty to yield;) thus: g Fennor ibid. As when the Apostle saith, h Hebr. 6.16. An Oath for confirmation among men is an end of all strife, his purpose is not so much to teach us, that men use an Oath to end controversies; (which every man knoweth,) but that God hath dedicated and made an Oath holy and sure only for that use of necessary deciding of doubts of importance among men: so the like words used of a Lot must be understood in the same sense▪ not so much to teach us that a Lot ended such controversies among men, which all know, but that God hath ordained it only for that use. § 14. For the fuller answer to this argument and the proofs of it, divers distinctions, of some good use, would be observed. First therefore the word, sanctify, is diversly taken. For, to omit all other acceptions; it is taken sometime in a larger sense; and so to sanctify signifieth to assign a creature to any special or singular use whatsoever, either sacred or civil: thus are i Esai 13.3. the Medians said by God to be sanctified for the subduing and sacking of Babel: and so are k 1. Tim. 4.4. meats said to be sanctified by God's word for man's food; and l 1. Cor. 7.14. the unbelieving Mate sanctified to the married believer. Sometime again it is taken in a stricter sense; and so to sanctify signifieth to set apart a Creature beside his ordinary use to some sacred and spiritual employment: as where it is said, that m Gen. 2.3. God sanctified the seventh day of the world; and where n Exod. 20.8. men are commanded to sanctify the same: he by precept enjoining that employment of it; they by practice employing it according to his precept. Now in both these kinds may the Lord well be said sometime to sanctify but not to appropriate; when by his ordinance he either enjoineth or granteth the use of a Creature so in some kind, as yet he restraineth not, nor inhibiteth the use of it in any other kind. Thus are the fruits of the earth so o Gen. 1.29. sanctified for man's food, as they are p Esai 38.21. not yet restrained from physic: yea thus was the water that q Num. 20.10.11. miraculously gushed out of the rock so r 1. Cor. 10.4. sanctified to a spiritual employment, as yet it was not denied unto civil and profane uses, even s Num. ●0. 8, 11. to the watering of brute beasts: sometime to sanctify and to appropriate, when God sequestreth and severeth the Creature so sanctified unto some one special or proper use from all other uses else whatsoever. And thus he sanctifieth and appropriateth either the whole kind of the Creature; as t Exod. 30.31, 32, 33. that curious composition of precious and holy ointment expressly inhibited to all other uses; or some particular only of that kind; as u Exod. 30.23. the spices and odours ingredients of that holy ointment; as * Exod. 30.26, 27, 28, 29. & 29.44. the Tabernacle, x 1. King. 8.10, 63, 64. & 9.3. the Temple, and the appurtenances of either: and as those Elements of y Matth. 3.11. Ephes. 5.25. 1. Cor. 6.11. water, z 1. Cor. 10.16. bread and 1 Matth. 26.27, 28, 29. wine that in the Sacraments are sanctified to be signs and pledges of spiritual grace: and that again, either so to continue during the date of that law, as in the unguent before spoken of; or during the time only of the special use to those ends, as in the Elements last mentioned. To apply these distinctions then to the present argument: If they take the word sanctify in the stricter sense, the Proposition is true, but the Assumption is unsound: for Lots are not set apart, or said so to be in either of the a Prou. 18.18. Num. 26.55. places produced to any holy or spiritual, but to a civil use only. If in the larger and more general sense, then either they speak of things sanctified only but not appropriated, or of things both sanctified and appropriated too, and that either the whole kind in general, or some of the kind only. If of things sanctified only but not appropriated, the Proposition is not true; For b 1. Cor. 11.23, to 28. bread and wine are sanctified to be seals of God's covenant, and yet doth not that hinder c Psal. 104.15. the lawful use of them otherwise: so was oil sometime d Leuit. 21. ●, 10, 12. Psal. 89.20. & 133.2. sanctified to anoint * 1. Sam. 10.1. & 24.7. & 26.11. & 16.13.2. Sam. 2.4. et 5 3. 1. King. 1.39. 2. King. 11.12 & 23.30. Kings and e Leuit. 8.2.10. Priests, and yet did not that then restrain f Psal. 104.15. Eccles. 9.8. Matth. 6.17. Luk. 10.34. the civil use of it for food, physic, necessity or lawful delight. Or to use a more familiar instance and nearer the present purpose, g Gen. 1.29. the fruits of trees are sanctified to be man's food; yet doth not that let but that children, as of old time they did, may lawfully play and make themselves pastime as well with h Da nuces pucris. C●tul. epithal. Spargae, marite, nuces. Virg. Eclog. 8. jam tristis nu●ibu● puer relictis. Martial. l. 5. ep. vl●. Et, Al●a parva nuces & non damnosa videtur, Saepe tame● pueris abstuli● illa n●tes. Idem l. 14 epig. 18. Quatuor in nuc●●us non ampli●s al●a tota est, Cum sibi suppositis additur una tribus. ovid. nu●●. quem vice. Sed & Augusius animi laxandi causa cum pueris minutis, quandoque nucibus l●debat. Suet. Aug. c. 83. nuts or i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Pollux l. 9 c. 7. In comment. Rabbin. iubetur paterfamilias die fest● poma, n●ces, amygdalas, putrid 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 k Exod. 30.31, 32, 33. holy ointment inhibited to all other uses; and as it is in the l Rom. 4.11. Exod. 12.11. Sacraments sequestered and set apart to certain spiritual purposes only, the Assumption is unsound. If of the sanctification and appropriation not of the whole kind, but of some particulars of the kind, the premises might be granted, and yet nothing concluded against the use of Lots in general. If of the whole kind, the Proposition is true, though the proof be not so pertinent; but the Assumption is not sound. For the proof of it out of m Prou. 18.18. Solomon: that place showeth only n Su●●ma est singula●●m esse sortis usum in componandis litib●●. Cartw●. in Prou. c. 18. how a Lot may well and wisely be used; but neither enjoineth that use of it, nor restraineth it thereunto. It approveth only the use as good and commendable in that kind: But it is onething for a Lot to be used well and wisely to that end; and another thing to have that the proper or only end of it. § 15. But o Hebr. 6.16. the Apostles speech of an Oath showeth that Solomon meant so, when he used the like speech of a Lot. It doth nothing less. For neither is it true that the Apostles scope was to show that this is the only end of an Oath, to stint strife and controversy, neither is it so indeed. His purpose is not to show it: for p Hebr. 6.13, 16, 17, 18. it is only to show how sacred, firm and inviolable an Oath is among men from man to man; (which he proveth by that which all men know and acknowledge) and how much more than from God to man, when q I●rat vobis per quem iuratis. Cassiod. Var l. 8 ep. 3. he sweareth to us by whom we swear: like the Argument used by the Apostle elsewhere, r Galat. 3.15. A man's covenant or testament once ratified no man annuleth; much less can any annul or abrogate Gods. Neither is that the only lawful end of an Oath. For there be other ends of it; as, to give assurance of the performance of covenants and promises. For what controversy was there between jonathan and David to be ended by Oath, when s 1. Sam. 20.16, 17, 42. they swore either to other? or what controversy was there between GOD and Abraham, or David and GOD; when t Gen. 22.16, 17. Heb. 6.13, 14, 17, 18. God swore to Abraham, and u Psal 119.106. & 132.203. David to God? or what controversy is there to be ended by those Oaths, that men usually take at entrance into office both in Church and Commonweal? The like may be said of that * Prou. 18.18. other place of Solomon. The scope of the place is not to stint or restrain the use of a Lot to the ending of strife, much less to the ending of great quarrels only; or among men of might alone, though Solomon expressly name such: For he speaketh of contentions in general: And why may not a mean inheritance be divided by Lot among mean men as well as a rich one among mighty men? or do not contentions arise among mighty men many times about mean matters? But the scope of it is rather x Vise Lavat. & Bainun in Prou. 18. to persuade all sorts of men to compose their controversies, be they great or small, rather by such a course so easy and so equal, then to plunge themselves by eager pursuit of Law suits into further inconveniences; and y Cartwr. ibid. to induce men of mean condition the rather so to do, when even men of might are content oft to submit themselves thereunto. Not to add, that Lots have been used z Iosh 7.14. jon. ●. 7 1. Sam. 14.42. Leuit. 16 8, 9 oft to other ends (for it is but one use among many that is there mentioned) as both hath been in part, and shall further hereafter be showed, and as * Vsus particularis sor●is litium diremptio. Valet por●ò ad veri●at●m inuestiga●dam; ad concordiam ubi prius culta est alendan●, etc. Cartwr. in Pro●. c. 18. some of them that in this point oppose us, confess. § 16. Thus they reasoned affirmatively from the proper use and end of Lots: now further they argue thus negatively concerning the same. That which there is neither precept for, nor practise of in God's word, general or special, express or implied, that there is no warrant for in the word. But such is the use of Lots in game: for a ●alms dialog. ground 1. we read not in Scripture that Lots were used but in serious matters only both by jews and Gentiles: b Easti●●istor ●istor. of Gospel, ●eas. 2. neither is there any warrant in the Word for the ludicrous use of them by precept, or practise, general or special, express or implied. There is no warrant therefore for lusory Lots in God's word: & so consequently they are unwarrantable. This is like Ambroses' argument against merry jests; c joca videntur dulcia & suania, cum tamen à Christiana regula sint aliena: non evim in divinis literis invenitur, quemadm●d●m ●a debeant usurpari. Ambros. office l. 1. c. 23. We read nothing of them in Scripture: therefore they are not to be allowed. Which yet is no good kind of reasoning. The consequence of his Enthymen●, and the Proposition likewise of their Syllogism is unfound. For first an Argument holdeth indeed from the negative in matter of Faith, but not in matter of Fact: as to say, d Hebr. 1.4, 5. Quod non lego, non credo▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. 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, inveniuntur ●mnia illa quae continent fidem moresque vivendi. Id●m de doctr. C●rist. l 2. c. 9 cum hoc (evangelium) credimus, nihil d●sideramus ultra credere: hoc enim prius credimus, non esse quod ultra credere debeamus. Tertull. in pr●script. such a thing is not expressed or revealed in the word, therefore it is no matter of Faith, nor such as a man is necessarily bound to believe: but not to say, e Scriptura multa dissimulat, multa tacitè praet-rit, etc. Aug. de nat. & great. 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 never was: as for example, f Gen. 4.17. Cain hath but one son mentioned by Moses, therefore he had no more sons or children but him. Much less may a man reason g A facto ad ius: à non fieri ad non licere. from matter of Fact to matter of Right, as to say, such or such a thing we never read in the word to have been done, and therefore it may not be done. For how many things are there whereof there is no example in God's word, and yet the use of them is generally allowed as lawful and good? Many things there are whereof no precedent of the use of them but in some one kind only, which yet may be used also unto others. No use of butter recorded in the word but for food only: may it not therefore be used also for physic? Yea many things there are of ordinary use, whereof there is no mention at all in God's word, which yet all generally allow: as sugar for sweetening, printing of books, shooting in guns, and the like, which all by this argument are utterly condemned; or if they be justified, than the grounds of it fail. Secondly an Action may have h Voluntas Dei dicitur praeceptio, prohibitio, consilium, permissio. Lomb. sent. l. 1. d. 45. G. warrant sufficient by permission without precept or practice. For where God hath not limited the use of any Creature or ordinance, there he hath left the use 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 negative to make that unwarrantable, that is not either expressly or by good consequence enjoined. But where they are not determined, the argument is strong enough from the negative to prove that warrantable that is not either expressly or by just consequence prohibited. For this cause in the point of God's worship the argument holdeth i Ier 7.31. & 19.5 Coloss 2.22, 23. from the negative for the substance of it, because k Deut. 12.30, 31, 32. God hath determined it. But in civil affairs it will not hold from the negative to disallow aught; because God hath not so determined them. Else what warrant is there for bowls, for tennis, for football, for chess etc. which yet no man disalloweth? Let one example serve for all to show the weakness of this kind of arguing. There is neither precept, nor practise ( l 1. Sam. 14.31, to 35. at least allowed or allowable) of eating Blood in Scripture: therefore a man may not eat a black pudding. In which conclusion I assure myself these Authors will not accord with the Familists and new Sectaries. And yet may they say more against the one, than these can any of them against the other. For the one is found expressly forbidden both in the old and new Testament both m Gen. 9.4. before the Law, n Leu. 7.26, 27 & 17.10, to 15. Deut. 12.16, 23, 24, 25 & 15.23. under the Law, and o Act. 15.20, 29. after the Law, (to omit what p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Clem. constit. Apost. l. 6. c. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Canon. Apost. 62. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Greg. Naz de pasch. In Christo omnia revocantur ad initium, etc. ciborum libertas, & sanguinis solius abstinentia, sicut ab initio fuit. Tertull. de monogam. Sa●ra Scriptura nobis praecipit, ut abstineamus à sanguine & suffocate: 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. penitent. c. 29. sundry of the Ancients have held of it) but the other no where in neither. And if q Galat. 5.1. Christian liberty notwithstanding bought with the blood of Christ, give God's children a free use of the one, how much more than of the other. If r Act. 10.13, 14, 15. Rom. 14.14. Tit. 1.15. it lose 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 leave it. s East. history of the Gospel, reas. 3. Scripture noteth wicked men to have used Lots in sport: Sporting Lots therefore are not allowable. Both the antecedent is untrue, and the consequence unsound. The antecedent untrue, for it was rather a serious divisory than a lusory Lot, that either t Psal. 22.18. Saul's servants used about David's apparel, or that u Mark. 15.24. john 19.24. the soldiers cast on Christ's garments: not used by them, as x Procop. in Genes. c. 28. some have supposed, superstitiously, out of a conceit of some virtue that they hoped to find in Christ's clothes, his seamless y S●bucula interior. Euthym. in Matth. c. 67. shirt especially, to cure diseases withal, as had z Matth. 9.20. 21. & 14.36. & Chrysost●m. in Matth. homil. 87. & Theiphyl. in Matth. 27. sometime been done, nor yet, as * others say, in despite of him done to his garments alone, but, as a Cyril. in Ican. l. 12. c. 32. & Calvin. harm. evang. & Maldonat. in Matth. c. 27. their usual custom was to divide among themselves the raiment of such as were executed by them, (which was, it seemeth, as among us also it is, part of their fees;) so did they then our saviours, and that in this manner, partly b Baron. tom. 1. ann 34. Gualther. in joan. c 19 to save that that might else have been spoiled, and partly c Suarez in 3. Thom. tom. 2. disp. 38. §. 1. & Gualther. ibid. to prevent all contention and strife. Neither was that act of theirs in that regard evil or unlawful, for aught I see, or can be said, had it been a booty that by some lawful course had come to them, and could not otherwise have conveniently been parted among them, each of them having an equal interest therein. For in such case even those that condemn ludicrous Lots, yet d Martyr in 1. Sam. Perkins Cas. Conscience, and of Witchcraft. admit them for partition of prey and spoils taken in fight. And e Admiratione digna militum modestia, etc. quòd sort● committere vol●●ri●t: contra quam fratres germani multi, etc. Gualt. in joan. c. 19 some good Writers rather commend then condemn these Heathen soldiers their modest and equal carriage in that case. The consequence also is unsound. It is like the argument f N. S. one useth to condemn * Natalitia. birthday feasts, because we find them not used in Scripture but by two only, and both bad ones, g Gen 4 ● 20. Pharaoh an Heathen the one, and h Matth. 14.6. Herode, no better, if not worse than an Heathen, the other. Which argument yet will not hold; no more than to reason on this manner; i Matth. 24.38. Luk. 17.16. Wicked men plant and build, and marry and make marriages; therefore planting and building and marrying and making marriages are evil. Or, k Gen. 31.55. Ruth 1.14. wicked men have sometime kissed their friends at parting: therefore it is not lawful for good Christians to do so. Or, to come fuller home; We read not in the word l Ezech. 27.12, 19, 22, 27. of Marts or Fairs used but among Heathen, and therefore they are not now lawful or allowable among Christians. Or we read not of any but m Genes. 40.1. Nehem 1.11. aliud enim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aliud 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gen. 15.2 quod Hieron. non advertit quaest. in Gen. profane Princes that kept Butlers or Bakers: therefore Christian Princes ought not to have such Officers. Or, o Esai. 5.12. Amos 6.4▪ 5, 6. Music at civil feasts is not found used in Scripture but by wicked and ungodly ones: therefore the use of it at such times is not allowable. Neither therefore is that that is alleged, true; neither did it prove aught to the present purpose, if it were true. § 18. Thus have we gone through the main and most forcible Arguments that are produced against lusorious Lots. For these arguments only that are drawn from the nature of Lots, or the proper end and use of them, are those that fight against the general use of Lots in disport: the re●t concern the use of them but in some sorts o● game; and therefore though they were all granted, yet were nothing concluded against the main point propounded, to wit, that the use of a Lot in disport or pastime is not simply evil in itself. Yet it shall not be amiss to hear what the rest say. The next argument therefore, and of the principal the last and the least is taken from the other Term in the point questioned, to wit, recreation or game, and the right use and end of it. The argument thus standeth. That is no lawful matter of sport and pastime, wherein the end and scope of sport is not or cannot be had▪ But in games of lottery the end and scope of pastime cannot be had. lottery therefore is no lawful matter of sport and pastime. The Assumption is thus strengthened: p Da●. de ●ud. alea c. 9 rat. 2. The end and scope of play is thereby to exercise either the ability of the body or the industry of the mind. But in games of lottery is neither of these exercised: not the mind; because there is no use of Art or skill, but all is put to hazard: Not the body; for men sit at them without stirring ought save fingers and hands only. In games of lottery therefore the end and scope of game is not had. In this Argument there are two things to be chiefly observed; and two Axioms that the answer is principally to be applied unto. First, that it toucheth and concerneth only such games as consist of and depend upon mere casualty only: (not those that are mixed of chance and art, wherein q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. S●pho●l. Pal●m & H. such. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Et Plato de●ep. l. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. much skill and industry of mind may be used) which the Author indeed of this argument only condemneth, approving the other: and therefore the Assumption of the latter Syllogism is not true of all games wherein a Lot is used, neither is it the Author's mind that it should extend unto all. Secondly, that the end and scope of recreation is not rightly assigned: which is principally, as the very name of it implieth, to r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. pol. 8.3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ib. c. 5. Ludus est vtili● propter quietem animae & delectation●m. Thom. sum. par. 2● 2 ae. q. 168. a. 2. & 4. In ludis honestis voluptas praecipuè quaeritur. Martyr in jud c 14 End of recreation to refresh body or mind. Perkins Cas. of Conscience l. 3. c 4 q. 3. rule 3. & Fennor of recreate. rul. spec. §. 1. recreate and refresh the mind, or body, or both by delight. f Itaque Musicam à Gymnastica seceruit Arist. poli●. l. 8. c. 3. quod ista conduc●t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Recreation therefore and Exercise are two distinct things; And howsoever a man may recreate himself 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 kind of study: yet no more is exercise therefore recreation, than recreation is study. Yea the same exercise may be recreation to one man that is not so to another: as when a man by the physicians advice draweth a bow in his chamber, which he taketh no pleasure in, nor doth for or with delight, it is an exercise only; but no pastime, as to him that shooteth abroad upon pleasure. So when two ride together in hunting, the one only to exercise his body by riding, or to accompany or attend the other, not regarding the game; the other merely or mainly for the game and the sport; it is an exercise only, or an office, or service in the one, a recreation to the other. The end and scope then of an action is one thing; the means, 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 means whereby this is effected are divers: For i Summi viri sit se aut exerceba●t, aut delectabant; imò delectab●●t exercebantque: ●am nierum est ut bis opusculus animus in●endatur remitta ●●rque Plin. ep. 9 l. 7. sometime it is done by industrious exercise of body or of mind, which cometh nearer in it own nature to serious business, then to recreation and refreshing: in regard whereof it is said well of such as after long study betake them to t Ch●sse overfoud, because an overwise and philosophic folly; filling men's heads with as many fashions play-thoughts, as their affa●res did before. King james 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. chess to refresh themselves therewith, that they do not leave study, but change study, like one that leaveth binding of faggots to go to thrash hemp. Sometime it is effected without such industrious exercise, as u Tale cuum carmen nobis, divine po●●a, Quale sopor f●ssis in gramine, etc. Nam neque me tantum 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 is a kind of recreation too), lying a long on the grass, viewing some pleasant sight, bearing some noise of music, or charm of birds, and the like: and therefore the Proposition of the prosyllogism is not sound. Now u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Homer. Od●ss. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sophocl. Palam. apud Polluc. animast. this may be and is usually effected by games consisting merely or mixedly of Lots, as well as by other, with those that take delight in them. Neither is it a thing simply evil or disallowable to take delight in the casual and uncertain or unexpected event of a thing, (that which maketh jests and witty speeches many times the more pleasant, in regard that x jocus ab inexpectato. Vise Cicer. de orat. l. 2. the answer is other in them then was expected) as being a matter light and frivolous; since of recreations it is not required that they be serious. CHAP. VIII. Answer to the Arguments less principal against lusorious Lots. § 1. THus than we have dispatched all the principal Arguments, that tend directly to prove Lusorious Lots simply unlawful, and so evil in themselves. We proceed now to the less principal, that tend to prove them inconvenient and inexpedient; or such as have been generally disallowed and condemned by the most. These Arguments therefore may be ranked in two rows: The former sort of them are such as are drawn from the evils and inconveniencies that necessarily or ordinarily attend these lusorious Lots, and the games that consist of them. The evils that they are charged with are referred to four heads: 1. Cursing, banning and blaspheming: 2. Loss of time, and decay of health: 3. Unlawful gain, or desire of gain: 4. And lastly, wasting of wealth. From the first of these they thus reason: That which causeth most horrible cursing, banning, and blaspheming, is not to be endured: a Dan. de Iud. alea c. 9 rat. 7. Dice-play so doth; Therefore not to be endured. I answer: Let games, mixed especially (but those this Author impugneth not) do no more cause these things than Bowls, or Chess, or other like, which many take occasion by of the like outrages. Secondly, it is not so much the game itself ordinarily in either▪ that maketh men thus overshoot themselves, as b justinian. Cod. lib 3. tit 43. ●ig. ●. Et Dan. ipse ubi sup. & Calu. in Epist. ad N. N script. the wasting of their wealth, and loss of money at or by either: which being severed from the game itself, it will neither cause it with the well-disposed otherwise, nor would ordinarily occasion it with others. These evils therefore (as the rest that follow) arising not from the nature of the game, but either from the immoderate and inordinate use or rather abuse of it, or from the evil and impious disposition of the gamester otherwise, make it unlawful only to those that so use it, or are so affected at it, but not simply in itself, nor to those that shall use it with due Caution in that kind. Yea but these Lot-plays, saith one, do necessarily draw or at least tempt the very best to horrible blaspheming and profaning of God's name: and are therefore thus specially charged afresh. To say, what luck is this, how crooked? is an horrible blaspheming of God's name: But c Pennor of recreate. spec. rule 4. reas. 3. Lot-games necessarily draw or tempt the best so to say: Therefore they necessarily draw or tempt the best to horrible blasphemy. The Proposition is thus proved: d Ibid. To say, What a God, what perverse and crooked Providence of God? is horrible blasphemy. But to say, what luck, how crooked, is in plain words to say so: Therefore to say, what luck, how crooked? is horrible blasphemy. The Assumption is proved; because in Lot-games there is nothing that can be accused (as in other games infirmity or want of skill may) but God's immediate direction, unless we will brutishly give God's glory to Fortune. To answer hereunto directly and briefly. Neither do Lot-games necessarily tempt the best to say so; neither is it blasphemy so to say. There is great difference between those two speeches rightly conceived, and as they may be and are of good Christians ordinarily used: yea they are nothing alike indeed. There is somewhat else beside God and his providence, as in all other casual events, so in Lots, that such speeches may be applied unto. I am enforced too oft (I confess) to repeat what was ●aide down e Cap. 2 §. 3.4. at first, (while I tread the maze of sundry men's fancies;) that in casual events there are two distinct things, the work of the Creator and the act of the Creature: the latter whereof may such speeches be well applied unto, and so have no tang or taint at all of impiety or blasphemy. They build all upon this wrong ground, that there is a mere and immediate providence of God in all Lots, which is not true, as hath f Cap. 2 §. 5. formerly been proved, you may conceive it by examples of like casualty in other cases: To pass by actions of contingency carried by man's will and forecast oft crossing us in our lawful and warrantable courses, (as g 2. Sam. 16.21, 22 cum 12.11, 12. in David's despiteful wrong done him in the abuse of his Concubines by his own son Absolome,) wherein we use such like terms without any impeachment of or disparagement to the divine providence, which yet extendeth itself even unto those actions: Suppose a man riding on the way through the Forest, where a Dear rushing suddenly out of the covert maketh his Horse start and throw him: in this case for a man to say, what luck was this? or, what a cross accident was this? is no blasphemy, nor any accusing of God's providence, but a complaining of the Creatures act and the event of it. Yea for any man to censure such a speech as blasphemous, or to construe it as if he should say, What a God is this? or, what a cross and crooked providence of God? were to make himself one of h jam. 3. ●. those Masters, whom the Apostle james reproveth: the rather for that he chargeth that with blasphemy, wherein he cannot show the least point of impiety. For that of Fortune; if indeed by Fortune we understand such a blind Deity, as the fabulous Poets feigned, and idolatrous Infidels adored; it is idle and impious for any man to ascribe aught thereunto. But if by it we understand the casual and uncertain motion of the Creature, whereby something beside the scope thereof is further effected; so we have i Cap. 2 §. 1. heard that k Eccles. 2.14, 15. & 3.19 & 9.2, 3. Ruth 2.3. the holy Ghost useth the term, and l Luk. 10.31, 32. our Saviour himself ascribeth the Priests lighting upon the Passenger that lay wounded on the way thereunto; By chance, or, by fortune (for the words are all one) a Priest came down that way, and likewise a Levite. For the difference and dissimilitude of games, it is great indeed: but as there are other things that a man may ascribe the cause of his loss unto in other games b●●●e God's providence, which yet swayeth also in them: so is there somewhat else here, to wit, the casual motion, and various disposition of the Creature, a thing in itself and of itself distinct from God's providence, as we formerly showed. showed 2. The second evil attending on or accompanying these Lot-games is loss of time, and decay of health by long sitting at them. The sum of the Argument which the Author cutteth into twain, but may well be reduced to one, is this: That which causeth loss of time, which might much better be spent, is unlawful: So m Dan. de Iud. al. c. 9 rat. 4 & Alex. Carpent. destruct vitior. part. 4. c. 23. Non est aliud uspiam quod it a homines quasi visco irretitos impediat, adeò ut totes eorum sensus occupet non secus ac fascino correptos. Calvin. epist. 374. qui, si modus ten●atur, non damnat tamen. doth hazard in play: It's therefore unlawful. The Proposition is confirmed by the n Ephes. 5.16. Col. 4.5. Apostles authority, who willeth Christian men to redeem the time, o Dan. ubi sup. that is, to spend their spare time in honest and profitable employments, as in reading on God's word, visiting the sick, their friends, and such like. The Assumption is proved by the nature of this kind of disport thus: That which neither wearieth the body, nor cutteth of hope of conquest in time and by continuance, that recreation causeth loss of time: But p Dan. de Iud. ale● c 9 rat. 5 & rat. 2. & Taff. de emend. vit. l. 2. c. 19 §. 4. this kind of disport neither wearieth the body: for there is no exercise at all in it: nor cutteth off hope of conquest in time and by continuance; because it dependeth wholly upon hazard, wherein the weakest and simplest may * Sic, ne perdiderit, non cessat perdere lus●r: Et reu●cat cupidas (al●, trepidas) alea s●pe manus. Ovid art. l. 1. Qui saepe vincitur, rursus ad intentius studium, Zabulo suadente animatur. Pseudo-Cyprian. de aleat. hope, after never so long continued loss, at length to conquer and recover, the dice changing their course, which they may as well do as otherwise: and those that have won, hope well to have still the same luck, that before they had. This kind of game therefore causeth 〈◊〉 loss of time, having no stint or end in it: which other games of necessity must needs have, either the body being overwearied, or the weaker side for want of skill past hope of winning. This might have done well for a Caution; it doth scarce well for an Argument. For first, for the proposition of the former Syllogism, if it be understood without limitation, that time ought to be spent always in the best duties simply, it will overthrow all kind of disport whatsoever. For it fighteth equally against all, be it of hazard mere or mixed, or of exercise of bodily strength or wit. But that is not sound; neither is it the Apostles meaning or purpose in that place to cut of all kind of recreation, which Gods word giveth good warrant for; but to cut off that idle and vain trifling out and misspending of time needlessly, not only by recreations, but by other worldly occasions, r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Agatho Tr●goed, apud Clemen. Alex. stromat▪ l. 5. whereby men many times over-lade themselves, with neglect of those things that do most principally concern them, and q Matth. 6 33. joan. 6▪ 27. which our Saviour therefore would have them to seek principally and in the first place, using the main as a bymatter, and by-matters as the main, as one sometime said wittily; and s Pr●ter propter vitam vivitur. Ennius apud Gell. l. 19 c. 10. Magna pars vitae elabitur malè agentibus, maxima nihil agentibus, tota aliud agentibus. Senec. epist. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Clem. Alex. p●dag. l. 2. c. 2. living rather to any end then what they should live unto. And thus not only gaming and play, but t Luk. 17.28. buying also and selling, and building and planting, and u Matth. 24.38. Luk. 1●. 27. eating and drinking, and * Luk 14.20. wiving and wedding, and x Luk. 14.18, 19 husbandry and tillage may become sins against that injunction of redeeming the time, when y Villa non est pe●catum: & villa tamen pec●atum est, si à Christo ● remoretur. Bernard. they shall take up the due time of other necessary duties. And yet are both of them warrantable and good taken in their own time. For the best works simply are not ever to be done; else should every day be a Sabbath day, (as he sometime said in an other sense) and not any week day a work day; or if the week be for work (I mean worldly work) than the whole week one workday, and no minute or moment left for any kind of recreation; it being a worse thing than work, z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Diogen. apud P●ut. de tranquil. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ibid. since that a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. Ethic. Nicom. l. 10. c. 6. work is the end of it, and b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. Topic. l. 3. c. 1. & Physic. l. 2. c. 3. Finis praestantior ●is qu● ad finem. the end is ever more excellent than what tendeth thereunto. c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Synes. Epist. 148. No sin indeed is ever or any where to be done: but the same good works are not to be done at all times. d Negativa ligant ad ubique & semper: affirmativa ligant ubique & semper, sed non ad ubique n●que ad semper. Gerson. regul. mor. Negative commandments bind every where and to all times: Affirmative precepts bind every where and at all times; but they bind not to every place, nor unto all times. The work therefore fittest for the time is ever then the best work; because the best, though not simply, yet in regard of all circumstances at that instant concurring. For e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pindar. Pyth. ode 9 the seasonable doing of each thing is a matter of much moment: since f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eccles. 3.1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Gr g. Naz. ad Eunom. serm. 1. there is a time and season for all lawful employments, be they serious or lusorious, civil or sacred. And g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Greg. Naz. ibid. neither is a good action good when it is not seasonably done; nor a meaner matter omitted without sin in his season, though it be to tend a matter in itself of more moment. * In ludi defectu potest esse pecca●um. Thom. sum. par. 2a 2 ae. q. 168. a. 4. Et agenti enim quiescendum, & qui●scenti agendum. Sen. epist. 3. Alter se plus iustocolu; alter se plus justo negligit. Tam hunc dicam peccare, quam illum. Senec. epist. 114. It is a sin for a man sometime not to recreate himself: it is not only a h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Marc. leg. spir. 199. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Socrates apud Xenophon●. lib. 3. sin for him to do a less good when he might and should do a greater; but i Hinc meritò damnati haeretici Mesaliani Syria●è; Euchetae Grae●è dicti, quòd caeteris omnibus omninò neglectis, or●ti●ni soli toti vacarent: ut Epiphan. h●r●s. 60. & August. haeres. 57 mal● vulgò Psalliani▪ quod & Da●. nota●●. it is a sin for him to be about something, though a better thing otherwise, when he is called to tend a meaner matter: as it is sin for a servant to be reading on a good book, yea on the Bible itself, when he should be serving in his Master's supper. The Apostles speech therefore cutteth not off all recreation, it being in itself lawful and good, and k Eccles. 3.4. Zech. 3.10. & 8 5. warranted by God's word, as that l O●ia corpus alunt, animus quoque pascitur illis: Immodicus contra carpit vt●●mque labour. Ovid. de Ponto lib. 1. Eleg.- vir●s instigat, ali●que Tempestiva quies; m●i●r post otia virtus. Stat. Sylu. l. 4. which refresheth both body and mind, and maketh either more fit and better able to go through with and hold out in more serious employments, m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. Ethic. Nic●●●. lib. 10. cap 4. Quod caret altern● requie, durabile non est: Haec reparat vires, membraque fessa levat. ovid. Epist. 4. Etsi enim de ignaviae desidi●sa (qualis Vaciae i●●a vi●i hominis sepul●ura, S●n. Epis●. 55. & 82) verè sit dictum; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. de seen polit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Diogen. Laert. de Theopl●r Arc●m inten●i● frangit, anim●m remissio. Publ. Syr. nihilo tamen minus verum, quod alij: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Amasis' apud Herodot. lib. 2. Arcum ni cesses tendere, mollie erit. ovid. Epist. 4. Ci●ò rumpes arcum, semper si tensum habu●ris. At si laxaris, cù● vo●es erit utilis. Sic lusus animo debet aliquando d●ri, Ad cogitandum melior ut redeat tibi. Aesop. apud Phaedrum lib. 3. fab. 53. De joanne evangelista tale quiddam refert Abraham Abb. apud Cassian. colla●. 24. c. 21. & Thom. sum. par. 2● 2 ae. q. 168 ●. 2. & Herp. spec. aur. de praec. 3. serm. 2. Sed & de Antonio balista exemplum ad idem usurpante Antonin. sum. par. 2. tit. 1. c. 23. §. 1. & Guil. Pepin. de confess tract. 2. par. 3. c. 6. ex vit. patr. which would otherwise oppress either; and that which therefore it is n Sapientis esse remittere interdum acie● rebus agendis intent●m. Aug. de music. lib. 2. cap. 14. id quod ludo maximè fit. Martyr. in lud. c. 14. qua remissio fit ●●t per ludicra verba & facta. Thom. ubisup. Cum pueris Socrates ludere non erubescebat, etc. Sene●. de tranquil. c 15. ut & Augustus Suet. c. 83: & Agesilaus Plut. apoph. Danda est remissio animis: nec in eadem intentione aequaliter retinenda mens est, sed ad ioc●s revocanda: meliores acrior●sque requieti surgent. V: fertili●us agr●● non est imperaendum, citò enim exhauriet illos nunquam intermissa foecunditas; ita aenimorum impetus assiduus labor frangit; vires recipient paulum resoluti & remissi: nascitur enim ex assiduitate laborum, animorum hebetatio quaedam & languor. Senec de tranquil. cap. 15. no wise nor religious part for any man utterly to neglect. It proveth loss and misse-spending of time to be sin, as it is questionless o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Antiph● apud Plut. Anton. & Theophrastus teste Laertio. Hinc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Sapientum scitum, ut So●iades apud S●ob●um serm. 3. & Cl●m. Alex. storm. l. 1. i. T●mpori parcere, uti legunt apud Cicer. de fin. l. 3. Angelius & Victor. var. lect. l. 11. c. 19 a great and a grievous, p Quem mihi dabis, qui pr●tium aliquod tempori ponat? Sen. epist. 1. Non exiguum temp●ris habemus, sed ●●ltum perdimus. Non (●am) accepimus brevem vitam quam sacimus: non inopes eius, sed prodigi sumu●● astricto sunt homines in continendo patrimonio; simul ad temporis iacturam ventum est, profusissimi in eo, cuius unius avaritia honesta est. Senec. de breu. vitae c. 1. & 3. though too common a sin: but it proveth not that to be sin or evil in itself, wherein some men, yea or many men, misse-spend their time, albeit it be evil then to them. Secondly the Assumption maketh as well against other games that men may spend much time in, as against those of this kind. Such are Tables and Cards as well as bare Dice: yea such is Chess, which some also, as q Modus & in h●c seruandus. Fuerunt enim qui posthabitis serijs huic uni haererent. Zuing●de form. adolesc. §. 3. one well observeth, have sat continually close at, neglecting all serious affairs: neither is there any game ordinarily that taketh up more time than it, with those that dote on it, especially where two singularly skilful and somewhat equal concur. For the proof of the Assumption; It is no sound course of arguing to reason r Ap●sse ad ●sse. from what may be: as to say, What a man may spend much time about without tediousness, or despair of being ever overthrown in, that a man doth misspend, or must needs misspend much time about. That indeed, if he will, he may misspend much time about, but he need not, unless he will: neither sinneth▪ he if he do not, because he might if he would. Many other things there are that a man may spend time amiss in, and more than he well may; yea wherein many do, as in pleasant and delightful discourse s Ami●i sures temporis. Lips. t●mpus nobis surripientes, ●t Senec. ep. 1. with such friends whose company a man taketh special delight in and could endure to discourse all day withal; or in t Frequens migratio instabilis est animi. Sen. epist. 70. Frequens ac mobilis tra●situs maximum perfecti operis est impedimeut●●. Paternal l. 1. journeying abroad, and in flitting from place to place and u 1. Tim. 5.13. from house to house, and the like; which things yet are not therefore simply evil in themselves (I mean, x Zech. 3 10. I●d. 11.40. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad confabulandum. jun. mutual society, and journeys for pleasure) if they be not evil used, though they be evil to them by whom they are so abused. To this may be annexed that which is alleged by way of amplification in one of the former Arguments, that by long sitting at this game, while men spend whole days at it, y Dan d● lud. al●ae c. 9 rat. 2. they impair their bodily health and strength, and get of● the gout. An inconvenience arising from the immoderate use of it; (and z Soluens membra Venus, s●lue●s & membra Lyaeus, Membra resoluentem progenerant ●●●agram. such as may spring likewise from the immoderate use of other things, though not evil in themselves:) which as no wise, nor godly man but condemneth and abhorreth; so none of the one will, or the other aught to condemn the thing itself so abused, especially where it may otherwise be well used, for it. § 3. The third evil accompanying it or occasioned by it is Dan. ibid. not 6. the feeding of covetous affections. For where is there greedier desire of gain? where more b unde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p●o v●t●ratori●, Ephes. 4 14. cheating and coney-catching then in these games? c Dan. ibid. yea worse are they then usury, yea then usury upon usury: for here is increase without lone or delay of time, in an instant, and that equal all out with the main principal: d Alex. Carpent. destruct. vit. par. 4. c. 23. & Astesan. sum l. 5. tit. 30 q1. similes lusori●us qui C●ristum exuerunt vestibus mittentes sortem. Io. Gritsch. quadrag. ser. 10. worse than robbery by the highway side: stripping those that they eat and drink with not of money only, but of apparel too, even to very shirt; that which thieves will scarce do. I answer in a word: All this may be holp easily either by playing for nothing; or if men be of that mind, that they think e Dicunt no●nu●●i se non oblect●ri ludo, nisi pro pe●uniae ludant. Martyri● jud. c. 14. sine lucro sriget lusus. Balmf. dialog. without gaining cold gaming; f If play be for a small matter, the loss whereof is no hurt to him that loseth it, and it be applied to a common good, it is lawful. Perkins Cas. of Conscience. l 3. c 4. q 3. rule 3. by playing for such trifles as may be won without much loss to the loser, making choice of such to play with as we know able well to spare it, and spending presently what is so won in common between the winners and losers. Neither ought those evils to prejudice the lawful and honest use of any exercise that may easily be severed from it. Beside that this ground admitted will overthrow all playing, even for victory too, as well as for gain: since we may as well condemn, and so g Satis ali●qui laboramus cupiditate pecuniae, ambitione vincendi ac excellendi; quid hos morbos ludis ex●itamus? Martyr in jud. c. 14 some do, the one for feeding and fostering ambitious humours, as we may the other for nursing and nourishing covetous desires: and so all gaming for either shall together go to ground; that which seemeth over-harsh, and h Fac●ss●t ergo inhumana illa philosophia, quae non tantum malignè nos private licito b●n ficentiae divinae fructu, sed obtiner● non potest, nisi hominem cu●ctu s●nsibus spoliatum in stipitem redegerit. Calu instit ●ib. 3. c. 10 § 3. Christians are neither Stoics nor Epicures. Paul disputes against both. Act. 17.18. Greenham par. 2. c. 16 § 7. to savour rather of Stoical austerity, then of Christian severity. § 4. The fourth evil these games are charged with is the i Dan. de Iud. al●ae, c. 9 rat. 6. & Ius●inian. C●d. l. 3. ●i●. 23 leg. 2.— neque enim loculis comitantibus ●itur Ad casum ●abulae, posita sed luditur ar●a. Iwen. sat. 1. Si quis ●abet nummos veniens, exibit inanis. Vitalis scholin catalict. wasting of wealth and of men's worldly estates, that which should sustain and support them and theirs, and wherewith they should be helpful and beneficial to others. For there is no game that men spend and waste more upon then these, at which many make away Land and living, goods and chattels, jewels and plate, and their apparel from their backs. Yea * Cum omnia defec●rint, ex●●emo & novissimo iact● de libertate & de corpore contendunt. Tacit. de mor. German. some when they have played all away, have at length staked themselves, if they lost, to be made Slaves: in so much that these games have oft been the very bane of great personages, and the ruin of great houses. The same answer must be given here, that was oft given before. This ariseth not from the nature of the thing itself: it cometh not from the spring, but from the filthy channel that the stream passeth by: it may be taken at the fountaine-head without any of this filth, and it is no more defiled to those that there take it, then if there were no such abuse or defilement at all of it. Beside that on this ground might bowls, and shooting, and tennis, and many other like exercises (yea k Proverb. 21.17▪ Persequi singulous longum est, quorum aut latrunculi, a●● pila, aut exc●quēdi in sole corporis c●ra consumpsere vitam. Sen. de breu. vit. ca 13. E●iā ludus pilae, si immodicè vel cupi●è ●●creatur, mortale fit. Alex. de Alice sum. part. 4. q. 48. & Henr. Herp. in decal precept. 3. s●rm 3. any game) be likewise condemned, because at such also many misspend both their time and their estates. If at these more than at those, it is because they are more usual and more obvious: And the difference, being but in degree, may make the one worse than the other, but must of necessity cashier both, if it condemn either. I might well here pass by, should I not be suspected to conceal somewhat that were of some weight, what is alleged out of Lyra, that in his Praeceptorie (a little Treatise of his upon the commandments) l Ex●at Nicolai Lyrani libellus in qu● ex varij● scriptoribus rationes 9 collegit, propter quas alea ludus inter Christianos minimé tolerandus videatur. Dan. de Iud. alea c. 8. he should upon divers good grounds gathered out of sundry Writers, nine especially, condemn this kind of game , m Babington on Command. 8. as coveting an other man's goods greatly; being a mighty means of deceit; passing usury; causing lying, swearing, brawling and many idle words; being an offence to the godly; breaking the Laws; misspending time; and what not? and that thereupon he concludeth n Dau uhi sup. that such games are not to be tolerated or endured among Christians. True it is that o Novem circumstantias enum●rat Hostiensi● de Iud. alea dist. 1. quarum quaelibet est peccatum mortale. Lyra ad precept. 7. expos. 3. & ●asae●̄ habet Alex. de A●es sum. par. 4. q. 48. man 5. Lyra out of Hostiensis nameth 9 circumstances, which being all, saith he, deadly sins make the game therefore such that is accompanied therewith, as these games oft are. And in steed of those nine he might as well, with p Greg. Tholos. syntag. l. 39 c. 3. §. 10. & I●doc Da●nuder. rerum crimi●. prax. c. 126. §. 15. some others, have reckoned up 16. for so many hath Hostiensis in certain q Hac cum toxilli● lu●end● crimina fi●nt: Ecclesiae spr●t●●, usuraque, ri●a, rapina, Scandala, tum nuge, blasphemia, tumfaciendi Furti doctri●a, violentia, copia fals●, Et morti● causa, decepti●, perditi●que Tempori●, & desiderium, corruptioque ingens: Isti● praedict● adulati●, vitaq●● turpi●. Hostiens. sum. de excess. praelat. verses that he citeth. To which also we may add, passing by Alexan. Carpent. destruct. vit. par 4. c 23. Astesan sum. l. 5. tit. 30. q 1. Angel. sum. de Ludo. Henr. Herp. sp●c. aur. ad praec. 2 ser. 3. joan. Grusch. quadrag. serm. 10. part 3 Denisegem. praelict. destru●t. tract. 1. consid. 2. Ambros. Taru●s quadrag. serm. 39 consid. 2. conclus. 3. & alij quamplurimi. divers that allege fewer, that Antoninus in his sum, and * Petr. R●●en. Alphab. aur. lit. 11. Guil. Pepin. decōfes●tr 2. par. 3●. 6. some others out of him, raise them to an whole s Amissio temp●ris, Blasph●mia, ●ō●umelia, D●ssipatio substantiae, Ecclesiae contemp●us, Furtum, Gula, Homi●idium, invidia, Karistiae rer●̄, Laudatio mala; Mendacium, Negligentia, Odium, Participatio sceleris, Quaestio litigiosa, Rapina, Scandalum, Tristitia, Vsura, Xpistianitatis vituperatio▪ Antonin. sum. par 2. tit. 1. c. 23. & Gabr. Bar●let. ser. quadr. serm. hebd. 4. serm. 2. myster. 2 & Serpens antiq. tract. 4. art. 2. Alphabet of evils that usually accompany these games, even as many as there be aces or points on the dice: as also that 1 joan. Aquila● & Dan. Vincent. in quadrag. ser. 5. some other Friars find in dice-play, as 2 R. Parker of the Crosse. one of ours of late in the use of the Cross, the breach of the whole Decalogue, and of all the ten Commandments. These, I say, I might well pass by, as well the one as the other; partly because in effect they bring no new matter; and partly because these evils are equally common to all games, and do not so much concern the nature of this kind of play, as contain general abuses of all kind, though applied more specially to these: they are the faults of the Gamesters not of the games: and as one saith well of Lots writing of this argument of lottery; so say I of game, and of Lots used in game, t Legitimus usus ab illegitimo abusu distinguendus est. Baro in jon. c. 1. Nosi●ū est inter usum legitimum & corruptelan discernere. Calvin. in Act. c. 1. Quod enim Meisner. philos. sobr. par. 1. praefat. Vsus habet landem, (abest culpa, saltem) crimen abusus habet. Iraque quod Petru● à well in tract. de usury; Veras in hi● usus maneat, tollatur abusu●. The Lawful use of them must be distinguished from the unlawful abuse. Besides that the scope of these Authors both the one and the other (in regard whereof I may well say that they are not so sincerely cited, but forced to say what indeed they do not) is to condemn only the games so used or rather so abused as too too commonly they are; not to quarrel with the light and lusorious use of a Lot, nor to pass a peremptory sentence against the use of all such games in general, which u Si dispositio ve ˡ eventus sortis expectatur à fortuna tantùm, (quod in ludo taxillatorio fit, Thom. de sort▪ c. 5.) nullum est vitium. Lyra in Pro. 16. Ludus aleae qui fortunae innititur non est illicitus, ubi servatur congruitas personae, materiae, mensurae, temporis. Idem ad precept 7. expos. 3. Ludi docti non prohibentur viris honestis animi causa tantum ludentibus, vel societatis & sola●ij. Damhonder. ubi sup. Ludere ob modicum quid, ut pueri faciunt, vel ob recreationem & moderatè, non videtur mortale. Antonin. ubi sup. § 2. & Barelet. ibid. pro adolescentibus lusus pila, pro invenibus iactus pali, proviris usus schaccorun, pro muli●ribus par & dispar. Idem ibid. Licitè potest ludi gratis, volca●sa con●●●ij vel recreationis. Angel. sum. & sic loan. Aquil Vincent. & cateri themselves both in the same places and elsewhere do otherwise allow. Let me add but a word or two concerning that clause that to this Argument is annexed; and so I leave it and pass to the next: 1 Babington on Command. 8. The Lord forbiddeth 2 1. Thess. 5.22. all appearance of evil; and all occasions of evil. True it is; x Sub vitio aliquo prohibit, omnes vitij illius causae & occasiones prohibentur. Perkins arm ll. aur. c. 8. Vitare peccatae est vitare occasiones peacatorum. Melaneh loc come. ●2. the Commandments that forbid any sin, forbid those things also that may be occasions of that sin. But they inhibit not generally the use of all things to all, that any doth or may take occasion of evil by. They forbid them to those to whom they are that way dangerous, not to those that may and do use them without danger in that kind. And no less true is it, that Christian men ought to y 1. Thess. 5.22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. non tantùm ab omni specie mali, ut Beza, sed specia m●la, ut vulgata. Et malas res & malas pariter species devitare. Bern. consid. lib. 3. quicquid malè coloratum fuerit. Ibid. abstain from all appearance of evil: that is, z Quanquam Ambros. & Chrysost. ques & Calui●us sequitur, non tam ad vitaen quam ad doctrinam restringunt, qua falsitatis sufpicionem habeat. Theophyl. & Oecum virumque adnotant. that they are both to avoid, what they may justly suspect to be sinful, though they do not evidently see it or certainly know it to be such: as also 3 Siquid mala specie malum aliquid praetendat, & si malum non sit, ne mala specie malum exemplum d●eis: non enim occasionem mala suspicio●is de vobis dure debetis cum vos malam conscientiam non habratis. Hiruens in epist. Anselmi nomine editus. to forbear what may make them suspected to be Sinners, and to live otherwise then either indeed they do, or of right they ought to do by the rules and laws of Christianity: for further than these two branches, as I take it, that precept extendeth not. But how the use of any Lot at all in game, or the use of a Lot simply in this kind of game, should be brought within compass of either of these two branches, I see not; especially being so used as it is or may be used of those that are godly and religiously disposed, and with such Cautions as * Chap. 9 hereafter shall be given. § 5. After these arguments fetched from the Evils and inconveniences pretended necessarily or usually to accompany these games, cometh the last main argument taken from human testimonies public and private, of such as have either in judgement condemned, or by authoritis inhibited these kind of games. I will endeavour to bring their arguments into some form that we may the better judge of them. First therefore they seem to reason on this manner: a Magistratus edicto interdicuntur hi ludi: sed & ius canonicis severissimè detestatur. Sive òffendiculo igitur to modo ludi non potest, postquam de co lex est lata. Dan. de Iud al. c. 9 ra●. 3. Dice I utterly disallow as altogether unlawful: the Counsels have condemned it; the Laws of every good Commonweal & our own specially have most severely punished it. Babingt. on Command. 8.- nescit equo rudis Haerere ingenuus puer, Venarique rimet, ludere doctior Seu Graco iubeas trocho, Seu mavis verita legitus alea. Horat. carm. lib. 3. ode 24. Per legem canonicam & civilem prehibentur. Augel. Barrel & alij. unde malum hos ludos comitans Ecclesia contemptus Alex. Carpeut. Astes. Hostieus. & alij ubi sup. That which is forbidden both by the civil Magistrate and the spiritual Governor, cannot be used without offence: But Lot-games are forbidden by both: Therefore they cannot be used without offence. The Assumption is confirmed by divers instances, which may be referred all to two heads, civil constitutions, and Ecclesiastical canons. The Civil constitutions are either of the whole Roman Empire; whereof some are said to be general b C. derelig. sumpt. suner. cum antiquitus militibus permissum fuisset extra operas alea ludere, queritur unper. to tempore omne●ludere, & ludendo patrimanium exhaurire, & blasphemias postremè in deum addere: itaque deceruit nemins licere ludera aut ludentem spectare Martyr in lud. c. 14. ut nulli ●ic●at in publicis vel privatis domibus l●●isu● alea ludere, neque inspicere, etc. Dan. de alea c. 7. forbidding the use of those games to all generally, either in public or private, by being partakers in them or spectators at them; c Ascon. in diuin. 2. Cic. setibit ale●tores in quadruplum petuniae esus damnatos quam ludendo amisissent. Dan. ibid. amercing fourfold for the money lost in them; d Si aleator à socio sue iniuria aff●ctus fuerit, non dabo ●i iudicium●ff de aleator. Martyr in Ind. c. 14. Pandect. 11. tit. 5. Si quis com apud quem alea lusum esse dicetur, verb●rauerit, damnumne ei dederit, five quid eo tempore domo eim subtractum sit, judicium non dabo. Dan. de alea c. 7. denying relief or redress to any wronged in game; and e Si quis alterum coegerit ad ludum, sumetur de eo supplicium ff. de aleator. Martyr in jud. c. 14. In eum qui ale● ludendae causa vim at●●lerit, uti quaeque res erit, animaduertam. Pand. l. 11. tit. 5. Dan. de alea c 7. i qui ludere compulit. Ulpian. Digest. l. 11. tit. 5. leg. 1. vel ab initio vel victus dum retinat. Paulus ibid. l. 2. Vise & l. 47. tit. 10. leg. 26. deco qui servum alienum ad ludum pellexerit. fining such as entice or compel any to play. Other some are special, f justinian. in autheut. (collat. 9 tit. 15. & in Cod. l. 1. tit 6. leg. 18.) nominatim prohibet ne Èpiscopus, Presbyter, aut Diaconus, vel ipsi ludant (ad tabulas) vel ludentes aspi●iant; si secus seceriut, in Monasterium ad triennium detrudendi. Martyr ad Iud. cap. 14. forbidding some sort of men, to wit, Ecclesiastical persons only, the use of them; or g Lege Roscia exili● multabantur, qui supra facultatum suarum modam aliquid alea vel luserant vel amiserant. Dan. de alea cap. 7. condemning some particular abuse of them only, to wit, wheremen play away more than their ability will well bear. Or they are positive laws of some particular nations; as h Babington on the eighth Commandment. of the Land we live in; wherein i 12. Rich. 2. all dicing is said to be generally forbidden; k 21. Henr. 4. Dicers taken punished with six days imprisonment, l 11. Henr. 7. and with sitting in the stocks; m 17. Edward. 4. Keepers of dicing houses with three years, Players there with two years imprisonment: and n Babings. ibid. of the state of Geneva, wherein the very making of dice is condemned and inhibited. The Ecclesiastical Canons likewise produced in this point are either general and universal, as o In canonibus Apostolorum ludus idem interdicitur. Can. 42. & 43. Dan de Iud. alea c. 8. the Canons of the Apostles so commonly termed, inserted into p Grat. dist. 35 can. 1. the body of the Decree, q Episcopus, Presbyter, Diaconus, alea a● que chrietati deseruiens aut desinat aut damuetur. Mart. in jud. c. 14. depriving every Clergyman given to dice or drunkenness, unless he reform: according to the tenor whereof r Canonicus quidam aleator esse deprehensus, quodque in ludo pecunias ad usuram dedisset, ut pro 11. numis 12. reciperet, deposi●us est. De excess. praelat. c. Inter dilect. (decretal. l. 5. t. 31. c. 11.) Martyr in jud c. 14. a certain Clerk in the Decretal is found deposed for being a Dicer and a Usurer: and the Canons of two general councils; s De vita & honest. Cier. c. Clerici. (decretal. l. 3. c. 1. c. 1●) Ad aleas & taxillos non ludant, neo huiusmodi ludis intersint. Mart. ib. & Dan. c. 7. & Gloss. ibid. nec participes erunt ludentibus, ne● spectatores ludi. the one held at Rome under Innocent the third, forbidding Clergymen dice and hucklebones, either to play with them, or to be present at such play; the other t Nullum omni●ò sive Clericum sive Laicum alea deinceps ludere: qui secus fecerit, excommunicatum i●i. Synod. Constantinop. 6. (non 1. ut Babingt.) c. 50. at Constantinople under the Emperor justinian, inhibiting all in general, as well Lay-men as Clerks, to play ever after at dice, under pain of excommunication. Or they are Particular Canons of national or provincial Synods, as of u Si quis fidelis alea (● tabula) luserit, placuit eum abstinere: & si emendatus cessaverit, p●st annum poterit communione reconciliari. Concil. Elib. c. 79. a Spanish Council held at Eliberis; suspending every Christian man from the Lords table, that shall play at dice or tables, for a twelvemonth, upon promise of amendment to be received again then: and of * Babingt. on Command. 8. two French Synods held, the one at Rochel, the other at Nimaux, both condemning and inhibiting the use of these games in general. § 6. For the Proposition of this argument and the conclusion following from it; as it is conceived, it cometh not near home to the main point in question: If it be conceived as it should, that whatsoever is forbidden by the civil or canon Law is evil simply in itself, it is not true; a thing confessed by x Mali sunt ludi isti, quia prohibiti; non prohibiti, quia mali Angel. de Clavas. sum. tit. Ludus. & Briart. quodlibet. 5. & Delrio mag. d●sq. tom. 2. l. 4. c. 4. q. 2. Alea non est prohibita quia per se mala, sed mala facta quia prohibita, & quatenus prohibita. Et causa prohibitionis sunt mala quae communiter ex ipsis sequuntur. Angel. sum. some before alleged in this very particular we now deal in. human laws restrain the common use of things indifferent; which things notwithstanding cease not to be indifferent in themselves and in their own nature: and so make them unlawful so far forth as they bind, and no further. But the main question here is, not whether the use of a Lot in game be prohibited by man's law, but whether it be inhibited by God's law or no. For many things are lawful by God's law, that are not lawful by man's law: as to transport such and such commodities without special licence, to trade and traffic into such and such foreign parts, to eat flesh at certain times, to bring some sorts of fish into the market for sale, and the like, which things yet are not evil simply, or in themselves. Yea take the Proposition as it is propounded, that Whatsoever is by human Laws forbidden, cannot be done without offence; and it is not all out true neither. For how many cases are there wherein the Summists and Casuists both Civilians and Canonists with the Schoolmen agre●●, that without just offence given that may be done, which by the letter of some positive law is unlawful? Or what is more common than these and the like rules in their writings; that a Intelligentia dictorum est ex causis assumenda dicendi. Hilar de trinit. l 4. Magis attendendum est ad causam quae moxit legislatorem, quam ad ipsa verba legis. Thom. sum. par. 1 ² 2 ●. q 96. a. 6 we are rather to mark the cause that moved the Lawgiver to make the Law, than the words of the Law itself: that, b Ratione cessant lex quoque cessat, etiamsi verba non cessarent ff. de iure patron. l. adigere. Et c. cum cessant. de appellat. Na●arr. enchirid c. 4. §. 7. A law ceaseth where the reason of it ceaseth, though the letter of it do not: that, c Lex praecipiens aliquid ob aliqua inconueni●ntia, illis cessantibus nom obligat. Caietan. opuscul. tom. 1. op. 12 q 2. Panorm in c Quoniam contra. de probat. Navarr. evebir. c 16. §. 37. A law enacting something in regard of some inconveniences, bindeth not, where such inconveniences are not: that, d Causa rationabilis semper excusat transgressor●m legis humanae. Thom. sum par. 2● 2 ae. q. 147. a 3. Archidiac. d. 76 c. utinam. Panorm. de obseru. Navar. en●bir. c. 9 §. 16. etc. 23. § 43 A reasonable cause ever excuseth a man, in case he break some human Law: and that e Causa justa videtur, propter quam legislator, si adess●t, eum pro excusato haberet. Thom. & Navar. ibid. That cause is a just and sufficient cause, for which the Lawgiver would himself hold the party excused: that, f To 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. Ethic. l. 5. c. 10. Aequitas praeponderat juris rigori. Gerson. reg. mor. Ipsae etiam leges cupiws ut iure regantur: alecqui summa justitia summa iniustitia fit. Ibid. Common equity ought to sway both in exposition of Laws, and in exaction of things enjoined by Law: that, g Favores ampliandi, od●a restringenda sunt. Gl●ss. ad ff. l. 4. tit. 4. de minor. leg ● etc. l. 28. tit. 2. de lib. postum leg. 19 Sensus benignior sequendus. Navar. enchir. c 27. sect 283. human constitutions are to admit favourable constructions: that, h Respiciendum ad sinem quem legislator intendit. Thom. sum. par. 2a 2 ae. q. 147. a. 3. Non peccat, qui implet legem secundum mentem autoris, licèt in verba offendat. Navar. enchit. c. 27 sect. 283. He is no Transgressor, that crosseth not the mind of the Lawmaker, though he break the letter of the Law: and lastly that, i Confuetudo interpretatur legem. Gloss. ad Grat. d. 76. c. utinam. Vsus est optimus legum positivarum interpres. Gerson. regul. moral. Custom interpreteth Laws: yea that k Loges instituuntur, cum promulgantar; firmantur, cum moribus utentium approbantur. Gratian. d. 4. c. In isto. it giveth strength to them; as on the other side that l Moribus utentium in contrarium nonnulle leges bodi● abrogata sunt. Grat. Lex abrogata per aliam legem contrariam, aut per consuetuàinem, non obligat. Navar. enchirid cap. 23. sect. 41. Consentire censendi sunt superiores saltem interpretatinè in abolitionem legum suarum positivarem, quando passim eac diu non observari scire possunt, & nec verbo nec facto reclamant. Ge●son. regul. moral. disuse or Counter-custome is a kind of abrogation of them. Let me add that which in the present case sometime may be somewhat, what they say m Non peccat qui legem non servat, ubi & quando est valdè difficile; neque qui non servat, ut pro stulto non habeatur. Navar. euchirid. cap. 27. sect. 283. of him that keepeth not a Law, where it is an hard matter to keep it, and where he should be but counted a fool if he should, that such a Transgressor is in common equity excused. In some case therefore may that be done without just cause of scandal, the doing whereof is by human Laws inhibited. Neither suppose I is there any man so extremely censorious, that because flesh on Fridays is forbidden with us by law, he will in that regard hold a man guilty of sin, for every bit of flesh, that being in company with others, or having it readier at hand when he is hungry, he shall put into his mouth, especially not doing it of any contempt, and being one that is regardful of the end of that Law otherwise. § 7. For the Assumption of the former argument, it would be considered, both what is forbidden, and how it is forbidden. For the former; neither is all lottery used in game generally condemned: for there might be use of it in those games that the civil Laws expressly allow, (to omit that n Tertius ludius à justiniano probatus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicitur, quando unus scil. per sortem deligitur ex pluribus qui imperet reliquis, si credamus Pollescil. 9 Gregor. Tolos. syntagin. lib. 39 c. 4. some good Lawyers suppose a Lot game to have been one of them; for what they were indeed is o Vise Gregor. Tolos. ibid. & Alciat. in verb. Lud. Alea. not certain) for joining and leading, and taking of turns, and the like; as there is use oft thereof in that kind in games allowed by our Laws; as when in shooting by arrows shuffled and severed again, men are sorted into sides, or it is decided who shall lead. Neither are those games alone prohibited that consist of Lot or depend thereupon, p Dubius eventus fortunae contractus illicitos non facit. jul. Clar. sent l. 5. § Ludu●. Non in fortuna fu●datur aleae prohibitio. Delrio mag. disq. tom. 2. l. 4. c. 4 q. 2. much less are they rejected or condemned upon that ground; but all games q In tabulas, & tabula ludere. Authen●. collat. 9 tit. 15. & Cod. lib. 1. tit. 6. leg. 18. Conc. Eliber. c. 79. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. justin. novel. Omn●s pariter sunt prohibiti, etiam in quibus est nix●ura ingenij & fortunae. jul. Clar. sentent. ●. 5. §. Ludus. joan. Imol. in c. Clerici de vit. & honest. Cleric. & Damh●uder. prax. crim c. 126. at Tables (within which compass comes even r Tabula luditur pyrgo, calculis, tesserisque. Isid. orig. l. 18. c. 60. In tabula lusoria & alea exercebatur & latrunculorum ludus, ques calculos Martialis appeliat. Volaterr. comment. l. 29. c. 12. Tabula lus●ria. Hîc tib● bisseno numeratur tessera puncto: Calculus ●ic gemino discolor hosse perit. Martial. l. 14. Hinc Seneca de Canio latrunculis ludente cum ad necem au●caretur; Lusisse tu Canium illa tabula putas? illusit. de tranquil. c. 14. Chess too, whatsoever s Accurs. ad Authent. collat. 9 & jul. Clar. sentent. l. 5. Vise Greg. Tolos. syntagm. l. 39 c. 3. §. 12. etc. 4. § 8. some say to the contrary) which yet, bare dice only excepted, t Martyr in jud. c. 14. Danaeus de alea c. 9 Babington on Command. 8. those Authors whom I now deal with do expressly approve; yea u Ludere liceat duntaxat hes quinque ludos. Cod. l. 3. tit. 43. leg. 1. all games whatsoever, though * Equi velequestres lignei prohibentur. Ibid. leg. 2. fabrica in medio diverso habent feramina, per qua globulos emittebant. Balsamo ibid. by slight and skill managed, five only excepted, that are in the Law there by name mentioned. Again x Licèt sit prohibitum ludere, non tamen est perpetuò prohibitum; quandoque enim permittitur. G●●ss. ad ff. lib. 11. t●t. 4. leg. 4. they condemn not these games simply as evil in themselves, which y Alearum usus an●iquares est, & extra operas pugnato●l●us con●essa. Cod. lib. 3. tit. 43. leg. 1. Militia ergò alea ludebatur, ne exercitus otio torp●ret. Acro in Horat. carmin. lib. 2. ode 1. they confess to have been formerly used to good purpose; but restrain the use of them z Quiadiu noctuque ludendo multi substantias perdunt, Deumq●● consequent●r blasphemant. Cod. lib. 3. tit. 43. l●g. 2. in regard of some common abuse; and a SC um vetuit in pecuniam lud●re, praterquam si qu●● certet hasta, pila, iacie●●o, currendo, saliendo, luctando vel pugnando, quod virtutis causa fiat. ff. lib. 11. tit. 4. leg. 1. forbid all playing for gain at them; which yet at some other games b Sed nec permittimus in his ludis ulera unum solidum, etc. Cod. lib. 3. tit. 43. leg. 2. with some kind of caution, and c Quod in co●uiu●o vescendi causa ponitur, in came rem famillam ludere permittilu●. Ibid. l. 3. i. ut si pauciora puncta habneris, p●rtem amit●as; five ut ex pecunia amissa ematu● quo in common vescantur. Azo. Conuiu●● causa ludere licet. Gloss. ad decretal. l. 5. tit. 31. c. 11. at these also upon somewhat stricter terms, as for somewhat to be spent privately in common, they allow. So that it is not the games themselves that are simply condemned, but d Ludus noxius in culpa est. Gloss. ad decretal. ibid. Et Paulus ff. ad Leg. Aquil. lib. 9 tit. 2. leg. 10. imò non est ludus ex quo crimen oritur. Accurs. ibid. ex pr●●●. justin. ad ff. the evil and hurtful usage of them, to wit, either e Die noctuque ludend●. Cod. lib. 3. tit. 43 leg. 2. alea deseruiens. Canon. Apost. 4●. the immoderate and customary, or f Substaentias' p●●dunt. Cod. ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Athen. dipnos. l. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Simocat. Epist. 13. the excessive and expensive use of them; as both by the letter of the law itself plainly appeareth, g Ludens ●molumenti causa, & ex consu●tudine, alite● non socundum joan. Gloss. ad ff. lib. 11. tit. 4. leg. 1. & jos. Mascard. de probat. vol. 2. concl. 997. § 6. Canon Apostolicus de l●di● intelligitu● qui f●unt lucri causa. Alex. Carpent. d●str. ult. par. 4. c. 23. I●ris vtri●squ● legesintelliguntur d● ludentibus i● pecuniam. Astesa●. s●m. l. 5. tit. 30. §. 1. ex cupiditate, non ex socialitate. Ibid. §. 2. the best Interpreters according therewith; and as the Authors also that cite them do themselves some of them confess. h Martyr. ad judic. c. 14. A man, well saith one of them, is not to be condemned, if being weakly or evil at ease he recreate himself by playing at Hazard, so he hazard not his moneys: for it is especially to be observed, what the scope was of those laws, that forbade such kind of games: now that was that men should not waste their estates: to which purpose it is enacted, that no man hazard above a shilling: this was the scope and drift of the Law, to provide that moneys might not be misspent. Which if they be not, than the Law is not broken. §. 8. For the Laws of our Land how unfitly they are alleged to the present purpose, to wit, i See Babington on Command. 8. to prove dice to be evil and utterly to be condemned, yea or generally prohibited, Cards and Tables being notwithstanding allowed and approved; may appear by a particular survey both of the Laws to that end cited, as also of others that have since in later times been enacted. The k 12. Rich. 2. ca 6 first Law wherein dice are said to be generally forbidden, enacteth only that All servants of husbandry, labourers, servants of any artificer or victualler shall have bow and arrows, and use the same on Sundays and Holidays; and shall leave all playing at Tennis, football, quoites, dice, casting of the stone, kailes, and other such importune games. The l 11. Hen. 4. cap. 4. next Act imposing a penalty of 6. days imprisonment upon all offenders against the former. The m 17. Edw. 4. ca 3 third of them discovereth the main scope of these acts, namely, to bring in a more frequent use of the bow, because the defence of the Land was much then by Archers: and withal giveth divers other grounds of the former prohibitions then revived and renewed, to wit, sundry unlawful games as closh, kailes, bowls, qeckbord etc. newly invented, gaming houses erected and so commonly employed; Gamesters thereby impoverished; murders and robberies occasioned etc. Whereupon it enacteth further a penalty of twenty pounds and three years imprisonment against every one that shall keep, and of ten pounds and two years imprisonment against every one that shall haunt, any such house. The n 11. Henr. 7. ca 2. fourth commandeth that no servant or labourer play at tables save for meat and drink: nor at any other unlawful game save at Christmas, and then in his Masters dwelling house only: every one so offending to be set in the stocks, and he that suffereth it in his house to forfeit a noble at least. To which, though not alleged, may be annexed o 19 Hen. 7. ca 12. another Act of little later date, forbidding the same persons to play at tables, tennis, closh, dice etc. save as above, with the same penalties upon persons therein delinquent imposed. And these are all, yea more than all, the laws that are particularly cited. But because we are referred to another work for more matter in this kind; p See more in Pultons' Abridgement. Babington on Command. ●. let us see also what later Laws have enacted concerning such games, if we shall not tyre out our Reader with proofs so impertinent. The later laws therefore q 33. Henr. 8. ca 9 revived 2. & 3. Phil. & Mar. ca 9 forbid keeping any common house, alley, or place of bouling, coiting, closh, cailes, tennis, dieing, tables, or carding for gain, lucre and living, and haunting places so kept, without special placard expressing what games, and what persons to use the same: As also private playing at tennis, tables, dice, cards, bowls, closh, coiting or logeting by any artificer, husbandman, labourer, apprentice, journeyman, servingman etc. out of Christmas, and then also any where save in his Master's house and presence: And further, playing at bowls by any man at any time in open places out of his garden or Orchard; several pecuniary mulcts imposed upon the former offences: yet allowing any servant to play at cards, dice or tables with his Master, or any Gentleman repairing to his house openly in his house and in his presence; and permitting any Nobleman or Gentleman of a hundredth pound lands per annum to licence his servants at his discretion to play at cards, dice, tables, bowls or tennis within his house, garden or orchard, either among themselves, or with others repairing to them: r 5. Edw. 6. cap. 25. Victuallers to put in recognizance not to suffer such games in their houses: And lastly s 22. Henr. 8. c 12. revived 35. Elisab. cap. 7. all wandering persons using unlawful games to be punished as Rogues and Vagabonds. By this particular recital of the several Laws that either have been or might further have been alleged in this argument, may to any dim eye at the first view plainly appear, that the Laws of our Land rather justify and approve then condemnne the games questioned. For first they forbid indeed some use of them, but withal they forbid as well bouling and coiting and tennis, and logetting, and throwing the stone: some exercises of art and skill, some of industry and activity, or of dexterity and agility; yea bouling more strictly and more generally then either carding or dicing; which yet no man that I know doth thereupon condemn or conclude to be unlawful. Again though they forbid them to be used by some persons in some places at some times; yet they allow them to other persons, and those of the best note; as also to the same persons in other places at other times. s See Dalions' justice of Peace, title Of games unlawful. Whereby it appeareth evidently that they restrain the use of the games only, but condemn them not as simply evil in themselves; yea rather that they approve them, in that they appropriate the common and ordinary use of them to great personages; unless we will say that t N●mque ibi fortunae veniam damus: alea turpis, Turpe & adulterium mediocribus: haec tamen illi Omnia cum faciant, hilares, nitidique vocantur. Juvenal. Satyr. 11. the laws licence great ones to sin more than others, whose greatness rather should restrain them from any thing that is simply evil, in regard of the hurt that their evil examples may do. The end and scope of the Law is partly to reform abuses about these games, as misspending of time and coin in common gaming houses or elsewhere; and partly to bring into use an other kind of exercise in the room of them, u In maxima fortuna minima licentia. Sallust. Minimum decet libere, cui multum licet. Senec. Troad. Ab. surdum est enim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ut de Demetr. Phaler. Athen. dipnosop. l 12. Nec ulli panciora licent, quam cui omnia. which such variety of games made the more to be neglected; to wit, shooting in the long bow, a matter of much use, and of great weight then in war. Now for mine own part so far am I from misliking these laws, that, considering the great and general abuse of the games by them prohibited, committed by such as both waist their preciousest time, and throw away their wealth and thrift together at these exercises and the like; I wish rather that both the laws were yet severer than they are, and that those that are, were better put in execution then for the most part they be. For the French States and Synods with their Canons and Constitutions, having not seen them, I can say nothing but this to them; that if they have utterly abandoned the use of those games among them; (which I doubt much of) yet neither doth that prove every lusorious Lo● simply unlawful, nor make the games in that regard evil unto us. § 9 For the Canon-law, it condemneth dicing and tabling no otherwise then the Civill-law doth, as the Glossers and Summists did before expound either: both more specially in the Clergy; because * 2. Tim. 2.4. dum pastoris sensus occupant terrena studia, ecul●s Ecclisiae pulvis saecularis ex●oecat. Greg Mag. pastor. par. 2. c. 7. Quid servilius, indignius Pontifice, quam litih●● insudare, aut litigare, aut litigantes audire● Bern consid. l. 1. many things that are lawful to others, yet are not so fit for, or so well beseeming men of their rank: In which regard the same Canons and Counsels together with others, that forbid them the use of these games, forbid them also x Clerici officia vel commercia saecularia non exerceant, maximè inhonesta. Innocent. 3. decretal. l. 3. tit. 1. c. 15. Et Conc. M●gunt. 4. c. 74. all secular employment and traffic, the base sort of it especially; y Clerici edend● bibendi●e causa tabernas ne intrent, nisi peregrinationis necessitate compulsi. Concil. Carth. 3. c. 27. apud Grat. d. 44. Et Synod. Constantin. 6. ibid. Et Concil. Laodic. c. 24. ib. Tabernas prorsus evitent, nisi fort● causae necessitatis in itinere constituti. Innocent. 3. decr. l. 3. t. 1. c. 15. to go into any Tavern, or to eat and drink there save for necessity in journey; 1 Cl●rici n● in publico pila ludant: à lus●etiam alearum abstineant. Council Seno●. c. 25. to play openly at tennis; z Episcopum, Presby●erum au● Diaeconun canes ●d venandum, aut accipitres habere non liceat, etc. Conc. Agath. c. 35. & Aurelian. d. 34. Et in decret. l. 5. t. 24. c. 1. Hinc Laufre dum Episcopum venationi deditum moner● jubet, quat●●us ab omni bestiarū●el volucrum venatione alienus penitus existat, & ni abstinuerit excommunicandum censet Nicolaus Papa apud Grat. d. 34. Hinc & joan. Sarisb. polycrat. l. 1. c. 24. De virtut● & veritate ca●onum venatica clientulis suis non modò claudit ascensum, sed s●mmi sa●●rdo●ij gradum adimitiam adeptum. Et Petr. Blese●s. Epist. 61. Clerici● onium non anium curam commissam. Cui● vice & Ep. 56. Et Carol. M. ●n constit. l. 5. c. 112. Sacerdotes venationes non exerceant. ●●c. 17. Episcopi & Abbates cuplas canum non habeant: ex Sylu●strican. Et ibid. tit. 24. Venationes & syl●atica● vagatione● cum canibus omnibus servis Dei interdicimus: similiter ut acceptores & falcones non hab●ant. quod & ex Conc. Aurel. resertur in decret. l. 5. t. 24. c. 4. to use hunting and hawking; and the like, (as the Statutes of our Universities, and 2 Ludos seruiles & indigno●, ●●●rum effectus ini●ria est, & undecrimina oriantur, Legun studiosis interdi it I●stinia●. pr●●●m. pand. the Civill-lawes likewise restrain Students of many such courses) which things yet at this day neither are simply condemned as unlawful to all Christians, nor are generally taxed in Ministers being seasonably and soberly used by them, though the abuse in this kind may be also, and no doubt is overgreat. Again neither were the Canons, it seemeth, of old very precisely kept in this kind; ( a Hine in Sidonij A●uernorum Episcopi Epistolis tum venatus, tum aleae & t●ss●rarum crebra mentio: & in ipsis e●iam aedibus Episcopalibus aleatorium, licè● minimè publicum. lib. 2. epist. 2. neither kind of exercise being wholly forborn by Bishops and Ecclesiastical persons even of good note otherwise;) b Aleae deseruiens; consuet● dinem indicat. Astesan. s●m. l 5. t 30 § 2. intelligitur sec. g●●ss●m, quando ex cupiditate quis ludit. Gabr. Barrel s●rm qua●r. h●bd. 4. fer. 2. myst. 2. neither are they commonly understood to inhibit all use of those games that are by them condemned. The party reported to have been deposed for them in the Decretal is said to have been c Publi●us alcator & usurarius ma●●festus. Decretal. l. 5. t. 31. c. 11. a common Dicer, and an open Usurer: Whereupon by that Constitution are d Ludos voluptuosos, quorum occasione, sub quad●m curialitatis imagine ad dissolutionis materiam de●enitur, penitus improbamus. Ibid. all such voluptuous games condemned in Clergymen, by occasion whereof affecting a courtly kind of carriage, they fall into dishonest and dissolute courses. But of that more anon. § 10. I pass to the next argument much of the same nature with the former: That which hath been generally both by Christians and Heathen condemned as evil, cannot to Christian men be lawful: But dicing hath by both been generally condemned. It cannot therefore be lawful to Christians. The answer to this argument (to omit that it cometh not home to the main question concerning the general use of Lots in disport, which though all here said were granted, still standeth) must consist in a survey of the particular allegations, that for proof of the assumption are produced. * Of all men by general consent as it were this vile game as most vile is detected & detested: Heathen ever hated it; Christians ever abhorred it. Babington on Command. 8. Adcò ut quodlibe● hominum genus com●●ni consens●, tanquamipsius naturae ore grauissi●è semper alcam damnariu●, & ex Christianorum commercio ac c●●tu longissim● exploseri●t. Dan. de Iud. al●ae c. 7. To begin with Christian writers, some indeed of them condemn all use of dice as simply unlawful: but those not many, nor till of late days, as by the former discourse also may partly appear. Yea they that allege these Testimonies themselves allow some use of them, and such use as the Authors alleged by them do even as much condemn as that use that these themselves do disallow. For * Nec minus patres hoc damnosae & illicitae inertia genus detestantur. Dan. Iud. al. c. 8. the Ancients; to omit, that some other exercises, as f Omninò prohibet venationum spectationes fieri Synod 6. c. 51. Vise & quae ex Hieronym. Ambr. & Aug habent Grat. dist. 86. & joan. Sar. polycr l. 1. c. 4. hunting and hawking, have been as commonly, yea are more generally and peremptorily condemned by them, which yet are confessed not to be simply evil or unlawful therefore in themselves: The testimonies alleged are not past two or three beside those that were discussed in the former argument; and those either of no weight at all, or nothing pertinent to the purpose. g Dan. de Iud. alca c. 8. Cyprian, saith one, as holy a man as any other in his time, saith that even the Devil himself was the first Author of this harmful invention: in regard whereof that godly man witnesseth that it ought with the whole heart to be accursed and abhorred of us, since we can have no safe or saving traffic with the Devil or any of his devices. Whereunto it is further added that Cyprian reporteth that the Devil, saith h Dan. ibid. c. 10. one, Mercury the Heathens God, saith i Tassin. de e●●end. vita l. 2. c. 19 §. 6. another, having invented both cards and dice, caused his own image and the images of other Idols, to be painted on the cards (in steed whereof we have other pictures now upon them) to be adored ever by the gamesters, with a cup of wine and a kiss, at the entrance into game. A man might upon better ground argue thus against Physic and goldsmiths work: Tertullian an ancient Father, and one that k Da magistrum, Cyprianus dicere solitus, Tertullianun significans. Paulus Cypriani notarius apud Hieron. in Catalogue. Cyprian commonly called his Master, saith that l Angeli desertores metallorum opera nudaverunt, & herbarum ingenia traduxeru●t. Tertull. de habitu mul Et idem habet de cuitu soem. the use of Herbs for physic, and curious working in costly metals were invented by evil Angels to please women withal; and that m Vt Enoch refert. Ibid. Enoch himself saith so in a work of his n Vide longum satis opusculi huius pseudepigraphi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Scalig. in notis ad Euseb. Chron. yet extant, whereof that authority in the o Jude 14, 15. Epistle of Jude is a part: But Christians may have no dealing with the Devil or with any of his devices: and therefore may not meddle in that kind either with herbs or with metals: nor Christian women wear any gold about them: (as Tertullian supposing p 1. Tim 2.9. 1. Pet. 3.3. Et Tertull. lsc. praealleg. the Apostles also to speak for him thereupon there concludeth;) nor Christian men or women use the benefit of physic; as q Macarius homil. 48. mundanis concedit usum medicinae, sanctis negat. some other of the Ancients have held. But this argument were too weak: and yet the other is far weaker; being built upon the testimony and authority of a mere counterfeit Author. There is a work indeed r De aleatorilus. of that argument in the s In edit. Pame ana. late editions of Cyprian, (for in the t In edit. Er. 〈◊〉 aliis antiq. ancienter of them it is not;) the Author whereof, who ever he were, ( u Spuria quae non sunt Cypriani, Liberde aleateribus, etc. Perkins problem. sure Cyprian he was not; the rudeness of the style showeth it to be none of his, * Sole clariora sunt Cypriani opera. Hieron. catalogue. B. Cyprianus instar fontis purissimi dulcis incedit & placidus. Idem ad Paulin. Vt discernere nequeas utrum ornatior in loquendo, an in explicando foelicior fuerit. Lactant. instit. l 5. c. 1. Scripsit elegantissima phrasi, & Ciceroniano candori proxima. Sixt. Sen. Biblioth l. 4. Cùmolim Africa multos ediderit eloquentia doctrinaque celebres, tamen vix vita contigit Romana dictionis germana puritas praterquam Cypriani. Erasm. praefat. who for purity of Latin phrase and fineness of speech hath special commendation of all generally given him:) telleth an idle tale in it, how that x Eruditum quendam multum meditando tandem Zabuli solius instinctu alcae usum invenisse, etc. a certain learned man after long study invented the game of dicing by the instinct of the Devil: and that thereupon he caused his own picture to be drawn with the dicing tables as his invention in his arms (for as for Cards or any image painted on them there is no one word in the book) to be adored by the Gamesters at the beginning of their game. Whereupon he termeth y Alcae tabula Diaboli venabulum. the dicing Table the devils hunting spear: and saith that z Aleae qui ladit, prius auteri cius sacrificare debet: & sacrificio Diaboli manus polluit. who so playeth at dice, doth first sacrifice to the Devil the Author of that game, and polluteth his hands with diabolical sacrilege. If any such custom were in his times, it was impious: but both the story itself seemeth idle and frivolous; and 1 Testibus non testimonijs credendum esse lex jubet. Petr. Clan epist. 2. lib. 1. Hadrian. Imp apud Callisirat. digest. lib. 22. tit 5. leg. 3. the Author being uncertain the authority is of no weight. And the foolish Friars, (out of whose forge this counterfeit Cyprian may well seem to have come, first found cited by a Landulf. ae Celumna in breviar. histor. Trithem. in catalogue. Antonin. sum. histor. Bergom. in supp●. Chron. them) have much idle matter in them to this purpose. b Odo Paris serm. in quinquaeges. Hazard iaen est Astaroth, i. proprium nomen cuiusdam principis daemoniorum. One telleth us that Hazard is the same with c judic. 1.13. 1 Reg. 11.5, 33. Astaroth (or d Astarte Poenis juno. Aug. qua. jud. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sept Vise Selden de Dijs Syris syntagm. 2. c. 2. Astarte as the greeks speak) the proper name of one of the principal Devils: and that e Taxilla diaboli altaria: & quot ibi puncta, tot oculi diaboli. Odo ibid. the dice are therefore the devils altars; and the points on them his eyes: at which men call on God and the Devil together, when they say, God and good Hazard: and that those that play at them, either tables or cards, with f Esai 61.11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the idolatrous jews, g Qui ponitis fortunae mensam, & libatis super eam. Vetus Lat. Vise Seld. de Dijs Syr. synt. 1. c. 1. spread a table to Fortune, h Ponunt mensam fortunae qui ludunt caponentes se fortunae sive per taxillos ludendo sein per chartas. Antonin sum. par. 2. t. 1. c. 23 § 8. putting themselves in play upon her. i Gabriel. Barclet. quadrag. hebdom. 4. fer. 2. Diabolus invenit bibliam suam, i. datos, in quibus posuit 31. puncta, tanquam nigras literas. Et Odo ubi sup. Sunt libri Satanae in quibus tot puncta ques litera. Another saith that as God invented an Alphabet of 21. letters which make up the Bible, so the Devil hath invented an Alphabet of 21. k Totibi peccata, quot in decijs sunt puncta. Antonin. ubi sup. & Guil. Pepin. de confess. tract. 2. par. 3. c. 6. abuses, and as many points on the dice, which make up his black book or his Bible. l Author serpentis antiqui tract. 4. de ludo. taxill. art. 1. cap. 1, 2, 3. A third telleth a long tale of a Parliament held by Lucifer in hell, wherein this game was agreed upon, and a Church constituted of those that follow it, whereof Lucifer himself should be Pope or chief head, the other Devils his Gardinalls, the common dicing houses the cathedral Churches, the taverns parish Churches, and each family a private Chapel for the 12. days in Christmas; the dice the Missal or Mass-book with his 21. black letters; and so he goeth on in his apish manner to apply all the Priests Masse-attire, and all the mysteries of their Mass to this devilish device; as indeed well suit they may and sort the one with the other. And of the same stamp with these friarly fancies, mere poetical fictions, are that counterfeit Cyprians conceits: both the phrase and the frame of the work bewray what the Author was. § 11. Yea but m Aleam invenit Demon. August. de civit. Dei lib. 4. Babington on Command. 8. Augustine saith that the Devil invented Dice; and that in a work that is questionless his; in his fourth book of the City of God. It is true that those words are found in Augustine's Index; but with reference to a place not in Augustine's fourth book of the City of God, where there is no such matter, save that n Varro non in rebus humanis, sed in rebu● divinis ludos s●enicos posuit, etc. Aug. decinit. Dei l. 4. c. 1. Stageplaies are by Varro esteemed a part of divine worship, and that the Devils much delighted in them; but to a place of Lewis Vives his Commentary upon Augustine; where Augustine saith that o Societas impiorum non secundum Deum, sed secundum hominem viventium, & in ipso cultu falsae contemptaque vera divinitatis doctrinas hominum damonaemue sectantium. Aug de civit. Dei lib. 14. cap. 9 there is a Society of ungodly men, who live not after God but after man, following human traditions and doctrines of Devils in the worship of false Gods and contempt of the true God: And Vives on him; p Vives add Aug. ibid. Sunt discipli●● quas damones hominibus tradiderunt. There are learnings that Devils have delivered unto men, as Magic, Astronomic, and all kind of divination except prophesy. q Plato in Phad●o ●●monem, cui erat nomen Theuth, invenisse scribit literas, arith. geom. astron. aleam, etc. Plato writeth in Phadrus (a Dialogue of his so entitled) that a Spirit or a Devil called Theuth invented letters, Arithmetic, Geometry, Astronomy, and Dice, and presented them to Thamus who was then King of Egypt. r Dialectitam qu●que hanc contentiosam & p●rtinacem non dubium est ab ingenio diabolico esse profectan, quòd in verum contra niti semper, & in meli● dicenti nunquam cedere, & falso verum gaudet vincere. Vives ibid. And there is no doubt saith he, but that this wrangling and cavilling Logic proceeded from some devilish disposition: it loveth always to strive so against the truth, refusing to yield to any that shall speak to better purpose, and by falsehood rejoicing to overcome truth. Augustine's Index therefore deceived the Author of this Argument, and made him father that on Augustine which he no where saith, but another only on him, and that not as his own neither, but as the report of an other. It is a fable of Plato's, s unde & Aristoteles dixit Plat●nis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Laert. Pla●one. whose works are full of such poetical fictions, though aiming ever at some moral matter. Among other of that kind he telleth a tale, and 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato Phadro. he telleth it as a tale, of one t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato ibid. Hunc Ph●nicib●● & Syri● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Aegyptij● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Alexandrinis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Graecis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (quod & Suidas habet) dictum, & literas invenisse, ex Sanchuniathone Philo Bybliensis apud Eusib. praepar. Evang l. 1. c. 3. quod nomenà 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hebr. deducit cum aliis Seldon nostras ad Pur●●●. & de Dijs Syr. prol●g. c. 3. Theuth a Damon, or a good spirit (for u Damonis enim veteribus nomen honestuns. Rhodigin. antiq. lect l. 1. c. 23. etiamsi in sacris literis semper in peioreus partem sum●tur, ut Aug. de ciu. Dei l. 9 c 19 so they esteemed them; in regard of their singular skill and knowledge giving that title unto them) x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Plato ibid. in Phadro. who having invented divers Arts, of special use, as he deemed, to wit, of Numbering and Counting, and Geometry and Astronomy, dice also and tables, and the use of letters, came and presented his devices unto Thamus then King of Egypt: and when among other of his inventions y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. he * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato in Cratylo. ●i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Etymolog. had highly commended the use of letters and writing as a singular means for the increase of wisdom and help of memory; Thamus made him answer, that it would rather prove z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. clean contrary, a means to make men more careless, while they trusted thereto, and so more forgetful than afore; and to make his self-conceited rather then sound wise, by stuffing their brains more with variety of opinions, then with sufficiency of matter and soundness of judgement. For the thing itself whether it be true or false, is not greatly material. For, not to make stay upon the great variety of opinions among Authors concerning the first original and invention of these games: some referring them a A Lydis famis tempore inventos 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, caeteraque ●mnia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Herodot. l. 1. Vise Rhodig. antiq. lect. l. 15. c. 14. & Polydor. de rer. invent. l. 2. c. 13. to the Lydians, as Inventors of the most games and sports, (by the Grammarians therefore supposed, though with small probability, to have b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dionys Hal. antiq. Ronvere l. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hesych. Ludorun praesules Ludios & Lydios antiqui appellabant: ex Varronè de vita P. R. Nonius Mar. Ludi à Lydis quo ● primi ad hanc rem adhibuerunt Romani ex Hetruria accitos. Isid. orig. l. 18. c. 16. Lydos Timaeus refert ex Asia transuenas in Hetruria cōsedisse●inde Romani accersitos artifices mutuantur, ut ludià Lydis vocarentur●et si Varro ludos à ludo, i. lusu, interpretatur. Tert. de spectac. their usual appellation in Latin from them) others to the Grecians, and they the most c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pausan. Corinth. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Idem Phocic. Et Gr. Naz stelit. 1. Palamedem invenisse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. quod & Plin. ex part. hist. nat. l. 7. c. 56. Idem & Eustath. Odyss 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ex Sophocl. Palamede ineunisse hunc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et Philostr. in her●icis Et hinc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eustath. et Palamediaci calculi Cassiod. variar. l. 8. ep. 31. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Eùphorionem Et Sidon. car. 23. Hictalos crepitantibus fritillis, Tanquam N●●p●ades ●eper tor artis. Vise Lyl Gyrald poet. hist. dial. 2. & Raph. Volater. comment. l. 29. Et Hadr. ●in a ●i●n●d l. 2. c. ● to Palamedes, (one that helped to furnish Greece also with letters,) only d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. quam Micationem Latini. one kind of them e Ptolom. Hephestion Helenae ●●buit ●pud Phot●●● bibli●th. 190. some ascribing to Helen: For as for f Alea, i. tabulae ludus inventus à Graces in ocio belli Troiani à qu●d im milite nomine Alea, à quo & ars nomen accepit. Isidor. orig. l. 18. c. 60. Isidores conceit of one Alea a soldier at Troy, it is like the learning of his times; and that which g Attalus Asiati cousin, si gentilium historijs creditur, hanc ●udendi las●iuiam dicitur invenisse. joan Sarisb polycr. l. 1. c. 5 Ludun t●sserarū & al●ae legitur Attalus Asiaticus invenisse, qu● longè melius est ignorare quam scire. Petr. Bles. epist. 74. Sunt qui dicant Attalum Asiaticum ariē hanc invenisse, & ab artificio numerandi excogitasse. Agrip de van. scient. c. 14. some others have of Attalus King of Asia, hath as little, if not less ground; the invention is far ancienter. To pass, I say, by the main current of Authors and Writers crossing Plato in this point, we might as well upon this ground condemn Grammar, and Astronomy, and Arithmetic, and Geometry, and the use of Letters and Ciphers, as of tables and dice, as diabolical inventions; seeing this fable of Plato referreth them all to the same original and to the same Author: as h Vise Tertull. de coron milit. the common use of the Heathen was to ascribe the invention of every Art and matter of moment to some one Idol or other. Chrysostome indeed (for I will conceal nothing that may seem aught to this purpose) speaking in general terms saith, that i Non Deus dat ludere, sed diabolus: noli ergò haec à Deo poscere quae à Diabolo accipis. Chrys. in Matth. hom 9 Play or game is not of God but of the Devil: and that k Christum sientem frequenter invenias, ridentem nunquam, sed nec leviter seltem subridendo gandentem. Idem ib. Quod et Bern. de ord.: Ipsum Dominum flevisse legimus, ris●sse non l●gimus. Et Basil. quaest. contract. 31. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. we read that Christ * Luk 19.41. joan. 11.35. wept oft, but never that he laughed, or so much as once smiled: yea that l Nec sanctorum ullus, etc. Chrys. ibid. none of the Saints in Scripture are reported ever to have laughed, m Sara sol●rifisse legitur, quae & Dei voce illi ò correpta est. save o Gen. 18.12. Sara only, p Gen. 18.13. who is presently thereupon also checked for it. Which yet, saith that reverend Father, I speak not n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ib. to abandon laughter, but to banish looseness. Thus Chrysostome: which yet is not all out sound or true neither: For did not q Gen. 17.17. & 18.14. Ind Isaak dictus quasi si Gelasium dixeris. Abraham laugh too as well as Sara? and yet is he not taxed nor rebuked for so doing; nor indeed was Sara simply rebuked for laughing, but for doubting, yea if I may say so, for mocking: r Admirantis, non dubitantis. Aug. ocut. l. 1. exultatio gandentis, non irris●o diffidentis. Eucher. in Genes. l. 2. c. 26. abraham's laughter, as the Ancients have well observed, proceeded from joy, Sara's savoured of distrust. Neither is it at all to the present purpose: For howsoever s Pet. Martyr in jud. c. 14. Et Guil. Stuck. antiq. cō●iu. l. 3. c 23. some have thought that Chrysostome therein should allude to that fable of Plato before rehearsed and discussed: and 1 joan. Aquilan. & Dan. Vi●cent. quadrag. serm. 5. others have applied that speech of his to the games here questioned; yet in truth it is apparent that he had an eye to t Exod. 32.6. 1. Cor. 10.6, 7. the Israelites disport, which he there also mentioneth, by them used at the worship of the golden Calf: and that he speaketh only (as the sequel of his discourse plainly showeth) of u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Chrysost. ibid. stageplays and such like as among the Heathen were celebrated in honour of their Idols; (as a De ludis theatralibus l●quitur. Martyr in jud. c. 14. some also of the same Authors themselves well observe) which indeed may be well termed a devilish invention both as they then used them, and as they are used at this day; as also that grave father to the same purpose further saith, that the x Diabolus in utbibus theatra extruxit. Chrys. ibid. Devil was the first Builder and Founder of theatres. And surely some good ground there was for Chrysostome to fetch the pedigree of Stageplaies from him, y Non tam hominum vitij●, quam daemonum i●ssis instituti. August. de civit. Dei l. 1. c. 32. & Isidor. orig. l. 18. c. 59 cum pestilentia esset, pacis D●ûm exposcendae causa lectist●rnium fuit: & cum vi●●●●bi nec humanis consilijs, nec ope divina levaretur, victis superstitione animis, ludi quoque scenici, nova res bellicoso populo, inter alia caelestis ira placamenta instituti dicuntur. Liu. hist. l. 7. Ludorum primum initium procurandis religionibus datum: quorum prima ●rigo ponenda visa est, ut appareret, quam ab sano initio res in hanc vix opulentis regnis tolerabilem in saniam venerit. Ibid. Lydi ex Asia transuenae in Hetruria inter caeter●s ri●us superstitionum suarum, sp●ctacula quoque religionis nomine instituunt: 〈◊〉 iis Romani ludos suos ●●tuati, qu●s diebus fe●●i● & templin & religionibus deputa●ant. Tertu●●. despectac. quem vice. Spectacula odire d●bes, Christian, quorum ● tistis autores. Isidor. orig. l. 18. c. 64. for whose honour and at whose command at first they came in, who was directly and evidently honoured in them, and who z Hinc apud Livium aliosque toties libris sacris inspectu ludos ●uberi. ever and anon in honour of his Idols enjoined them and called for them. But for dice and tables both Plato and the counterfeit Cyprian speak without ground, the one professing but to tell a tale, the other pretending to relate a true story, but an idle one, and one as improbable as the other. Howsoever I deny not, but as the Apostle termeth some heresies a 1. Tim. 4.1. Doctrines of Devils or devilish Doctrines: and Vives b Di●lecticam c●●entiosam ab ingenio diabolico profectan. Vives in Aug. ubi sup. wrangling Sophistry (for so I suppose his meaning is) a Devilish device: so the abuse of these games, in regard of such impieties as accompany it, may well be termed, as some have termed it, c Haec ars m●nd●ciorum, ●periuriorū, furtorum, litium, iniuri●rum, homicidiorum matter est; verè malorum daemonum inventum. Agrip. de vanit. scient. c. 14. a Devilish invention, and d Chaucer's pardoner. a service of Satan: and our common e Idem ibid. Dicers may well be marshaled among the flock of his followers. § 12. Thus then have we examined two of the Fathers produced in this point, and have found the one to be a forger and the other forged: the one a counterfeit pretending to be him whom he is not; the other having that fathered on him that indeed is not to be found in him. There remaineth one other only of the ancients, though one not very ancient, and that is Bernard; f Pics Christianos Hier●solymis ale●● detestari. Bern. etc. Dan. do lud. al. c. 8. reported to write, that the godly Christians at jerusalem detested the use of these games. But let Bernard speak out, and he will speak little to the point. g Sca●cos & aleas detestantur: abhorrent vena●ionem: nec ludicra illa auiu●● rapina, ut assolet, del●ctantur. Ber●. ad m●lit. templ. c. 4. Chess and Dice, saith he, they detest: hunting they abhor: hawking, as the manner is, they take no delight in. And again, h Vivitur planè absque uxoribus & absque liberis in evangelica perfectione. Bern. ibid. They live altogether without wines or children, in an evangelical, or i Angelo's terre●os, imò coeli cives c●stit●s facit. Bern. de divers. serm. 3●. & in Cant. ser●. 27. Angelical perfection, as at other times he termeth it. So that he joineth Chess and Dice together, as k Poenitentiam Episcopo ob scaccorum usum iniunxit Petrus Damian, in Epist. ad Hildebr. quod & à Baronio defenditur annal. tom. 11. ann. 1061. num. 42. Vise Vincent spec. histor. l 6. c. 52. & Guil. Pepin. de confess. tract. 2. par. 3. c. 6. some others also do passing the same sentence upon either: the one whereof the Author that citeth him, approveth, nor doth he utterly condemn the other. And he saith that as well Hunting and Hawking as gaming are alike abhorred of them. To be brief he speaketh of the * Ad Milites Templi. Knights of the Temple, a company of persons retired from the world and worldly things, addicted to a monkish course of life, restraining themselves from the lawful use of the good ordinances of God, and affecting a superstitious and more austere manner of carriage than God or his word hath tied any man unto. Their example therefore as it is no precedent to others, so it is no prejudice to any that shall swarm from the same. § 13. From the ancient Fathers pass we on to l Profanos homines audiamus, qui verbi Dei luc● destituebantur●à quibus tamen quid de tam turpi rerum gener● sentiendum fit inte●igamus. Dan. de Iud al. c. 6. Heathen writers. m Babington on Command. 8. Tully, say they, objecteth dicing to Catiline and his Complices: n Babingt▪ ibid. Yea when he would spit fire in Antony's face, o Dan. de Iud. aleae c. 6. he layeth to his charge that he was a Dicer himself, and his house a common receptacle of such. True indeed: Tully in the sixth rank of Catiline's Companions placeth p Aleatores, adulteri, impuri impudicique omnes. Ci●. in Catiline. orat. 2. Dicers and adulterers, and filthy folk of all fashion: as elsewhere also he noteth divers of them to have been q Vino & ale● dediti Ibid. 3. Dicers and Drunkards. He taxeth Antony likewise for a common r Vino & epulis retentus & alea, fi epulae potius quam popinae n●minandae sunt. Cic. Philip. 3. Dicer and a Drunkard: and s Licinium Lenticulam de alea condemnatum collusorem suum restituit, etc. Ibid. 2. Hominem. vero omnium nequissimum, qui non du●itaret vel in foro alea ludere, lege quae est de ale● cond●●natum▪ qui i● integrum restituit, i● non apertissimè studium suum ipse profitetur? Ibid. a favourer and restorer again of such as for such doings had been condemned: and among other things describing his running riot and reveling, he telleth how t Nihil erat ●lausum, nihil obsignatum. apothecae totae n●quissimi● quibusquam condonabantur. alia mimi rapi●bant, alia mim●. domus erat aleatoribus referta, plena ebriorum. totas dies potabatur, a●que id locis pluribus. suggerebantur etiam saepe damna aleatoria, etc. quamobrem desinite mirari haec tam celeriter consumpta. non m●dò unius patrimo●ium q●amuis amplum, ut illud fuit, sed urbes & regna tanta nequitia deu●rare pot●isset. Cic. Philip. 2. by dicing and drinking and other riotous courses he had suddenly wasted and made away all those ample spoils, that upon Pompey the Greats fall had come into his hands; his excess being such and his prodigality so great, that it was able soon to consume the riches of whole realms. Who so readeth but the places shall easily see, what Tully condemneth in either of them and their crew. But doth Tully therefore utterly condemn all use of Tables or Dice? Nothing less. He alloweth elsewhere the use of them u Homines labore quotidiano assueti, cum tempestatis causa opere prohibentur, ad pilam se aut ad talos aut ad tesseras conferunt, aut etiam no●um sibi aliquem excogi an● in otio ludum. Cic. de oratore lib. 3. to men wearied with other ordinary labours, or by weather restrained from other exercises abroad: * At alij, quia praeclarè faciunt, v●hementiu● quam causa postulat delectantur, ut Titius pila, Brulla talis. Ibid. so that they dote not upon them and so grow excessive in them, as some do upon tennis and other exercises sometimes. But in more special manner he deemeth them very fit recreations, as x Martyr in jud. c. 14. another before for sick and weakly persons, so he y Habeant alij sibi arma, equos, hastas, ●lauam & pilum, nat●tiones & cu●sus: nobis senibus exlusionibus multis ta●●s relinquant & tesser●s▪ Cic. de senect. for old men, grown unwealdy, and past games of activity. As Sidonius also an ancient French Bishop accordingly setteth z M●x biperti●is, erat ut aetas, profertur, his pila, hisg tabula Sidon. l. 5. ep. 17. Et de Ra●enna, ubi perversa cuncta; Student pila sene●, aleae invenes. Idem lib. 1. ep. 8. Hinc & Augustus in epist. ad Tiberium: Inter c●nam lusimus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Suet. Aug. c. 71. the youngmen to tennis and the old-men to Tables: by whose writings also, as a Io. Savar. not. ad Sidon. one writing on him well observeth, it appeareth, that b Hinc ad Salonium, Quamdiu a●tritas tesserarum quondam iactibus manus contra ius fasque sibi vendicant instr●menta Cereali●? Sidon. l. 8. ep. 8. Et de Lampridio rhetore; Aleae, spherae noniuxta deditus, etc. Ib. ep 11. Hinc & in Ferreoli, quem collaudat, aedibus spharisterium, aleatorium, bibliotheta, Idenl. 2. ●p. 9 learned men, yea and Divines too, in his time did ordinarily use such kinds of disport: the Bishop himself using also both c In hui●● nemori● opacitate, cum me meus Hecdicius illustrat, pilae vacan. ꝰ; sed hoc donec arborum imago contractior aleatorium ill●c l●ssis consumpto sphae●isterio faciat. Sidom l. 2. ●p. 2 & ep. 17. l. 5. Pilae primus ego signiferfui, qui mihi, ut nosti, non minus libro c●m● habitur. frater meus Domnicius tesseras ●●p●●at, quatie●atque, quo veint cl●ssico ad pyrgum v●●aeb●t alcatores. privately to play with his familiar friends in his own house as well at Tennis as at Tables; and bearing the Emperor Theodorike also sometime company at that game; whose civil and moderate and courteous demeanour at the same in one of his Epistles he thus very wittily describeth: d Horis meridlanis vir● tabula cordi est: tesseras colligit rapidè, inspi●it solicitè, volit argu●●, mittit instanièr, ●oculanter compellat, patienter expe●●at; in bonis iactibus tacet, in malis ridet, in neutris irascitur, in utrisque philosophatur: secundas fastidi● veltim●re vel facere; quarum opportunitates spernit oblatas, transit oppositas: sine motu cuaditur, sine colludio ●uadit. Putes illum & in calculis arma tractare: solae est illi curae viucendi. Sidon. lib. 1. epist. 2. At afternoon hours oft he betaketh himself to Tables: the Dice he catcheth up nimbly; vieweth warily, shaketh cunningly, casteth speedily; calleth for his chance merrily, and expecteth it as patiently: in good casts he is silent, at evil ones he smileth; he is angry with neither, he carrieth himself wisely in either: a good chance he scorneth either to fear or to make: the opportunity whereof he refuseth when it is offered him, he letteth pass when it goeth against him: he is neither moved if he be defeated, nor useth covine to defeat: he behaveth himself at game, as if he were at his weapon; his care is all how to win. e cum ludendum est, regiam sequestrat tant●sper s●ueritatem. H●rtatur ad ludum, libertatem, communionemque: dicam quod sentio, times tiberis: denique ●bl●ctat●r cammotion● super●●i, & tunc demum credit sibi ●on cess●sse collegam, cum f●dem fecerit victoria suae bil●● alie●a. Ibid. While he is at play, he setteth aside his royal state: he inviteth those be playeth with, to froliknesse, and freedom, and fellowlike behaviour: to speak as I think, he is afraid to be feared: in a word, he loveth to see them moved, whom he hath beaten in play, scarce believing but that they played booty, if they be not thoroughly angry. And having told how that oft many obtain suits at game of him by watching and taking their time; f Tunc ego etiam aliquid observaturus f●eliciter vin●or, quando mihi ad h●c tabula perit, ut causa saluetur. Ibid. I myself, saith he, also when I have a suit to him, am sometime luckily beaten by him, and am well content to lose my game to him, that I may gain my suit of him. § 14. But to return to our task: g Babingt. on Command. 8. Augustus, say they, got by his dicing a reproach never dying, even to be counted a dissolute man: and h S●●●●nius scribit hoc idem pro summo vitio in summo & alias op●i●● illo principe ●abitum fuisse, ad●ò ut magnis illius virtut●bus foed●m aleae labem asperserit. Dam. de l●d. al. c. 7. it was reputed a notorious vice in him who was otherwise both a very great, yea and a very good Emperor; but this infamous blot bleamished all his other great virtues. Su●tonius indeed reporteth that Augustus was i Nota●us est ●t ●lea indulgens Suet. Aug. c 71. taxed by divers for his common dicing; and a rhyme thereupon made of him to this effect; k Postquam bis class victus naves perdidit; Aliquando ut vincat, l●dit assiduè al●am. At sea twice beaten, and his ships lost twice; To win yet once, all day he plays at dice. Yet l Suet ibid. Aleae rumorem nullo modo expavit: lusitque simpliciter & palam oblectamenti causa, etiam sene●. Suetonius, and so m Casaub. ad Su●ton. & Greg. T●los. syntag. l. 39 c. 3. § 8. others, seem withal to excuse him in part, alleging, that he played simply and openly for delight alone, and that even in his old-age too. But n Prima inventa ●●iorum dedecorum infamiam subijt. Su●ton. Aug. c. 68 Cirsa libidines haesit, ad vitiand●● virgins promptior. Sueton, ibid. c. 71. he had fouler matters that bleamished his fame, some o Effoeminatu●, cinaedus aua●ijt: unde in contumeliam eius acceptum illud de Gallo tympanizante pronunciatum, Viden ut cinaed●● orbem digi●o temperet. Suet ibid. shrewdly suspected by him, some p Adulteria exercuisse ne amic● quidem negant. Ibid. c. 69. confessed even by his friends: and his fault herein was twofold; partly that he was q Nosquinquat●ijs satis iucundè egimu●: lusimus enim per omnes dies: ego perdi●i viginti millia num●iûm ●●o nomi●e: sed cum eff●●sè inlus●● liberalis fuissem, ut soleo plaerumque. Augustus' apud Sueton. c. 71. somewhat too profuse, and spent more at play than was meet, though r Quadring●nis in punctum H.S. aleam lusit Nero. Suet. Ner. c. 30. nothing to that, that some of them did, that succeeded him: and partly that he used game s Ac praeterquam Decembri mense, aliis quoque fos●i● professisque dicbus. Suet. Aug c 71 quibus negotia magis tractari solent, quam ludus talarius exerteri. Phil. Beroaeld. somewhat unseasonably, as t Quoti●s o●ium esset, alea se obleclabat, etiam profestis di●bu●. etc. Suet. Domitian. c. 21. some other also of his Successors did, in bestowing usually that time on his sports, that other serious affairs might more justly have laid claim to. This was taxed in him, not the game itself simply. Again, u Claudius' stolidi ingenij indicium maximè ex eo dedit, quod aleae ludo summè delectaretur. Dan. de Iud. al. c. 7. Claudius, say they, was hereby especially noted to be of a dull and sottish disposition, because he took so much delight in Tables and Dice. Claudius is indeed noted to have been * Aleam fludiosessimè lusit: de cuius arte librum quoque emisit: solitus evan in gestatorio ludere, ●●a ●ssedo alu●oque a●aptatis, ne lusus confunderetur. Sueton. Claud. c. 33. a very serious Dice-player, in so much that he wrote a discourse of the game, and used to play by the way as he road in his Coach, having the Tables so fastened to the seats, that the men might not mingle and the game be marred: whereupon also Seneca in derision of him relateth how that after his decease he should be put in hell to this penance, x Alea ludere p●rtuso fritillo. Senec. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. to take his dice up with a box that had an hole in the bottom, and so made him still lose his labour. But I find not where his bent and study that way is made a note of his stupidity, neither see I how it should so be, (the game used by him requiring y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à Palamede in●●ntam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philostratus in ●eroicis. Vise quae prius ex Platone, S●ph●cle, Pl●t. Hesych. aliis. Sed & Ovid, trist l. 2. Sunt aliis s●riptae, quibus alea ludit●●, arts. Art and dexterity for the managing of it) nor if it were, were it any whit material to the point that is here questioned of the lawfulness or unlawfulness of the game in itself. § 15. Yea but a Dan. de Iud. al●a c. 7. & Babington on Command 8. Gobilo, or b Agripp. de vanscient c 14. Cobilo, or c joan. Sarisb. polycrat. l. ●. c. 5. Et Pe●r Blesens. Epist. 74. ex Sarisb. in vocula una & alt●ra corrigendas: & Taffin, de emend. vitae l. 2. c. 19 § 7· Chilo, or d Chaucer's Pardoner. Stilpo, or some Spartan or other (for upon his name they cannot accord) coming to Corinth to treat of a league between his Countrymen and them, observing e Deuces & se●i●res populi Indentes in aleae. Sarisb. & Blesens. & Taffin. the Corinthian Governors (or f Corinthros ludo ●uinsmodi populariter addictos. Danaeus. the people generally) to be commonly given to that game, went this way again g Infecto negotie. Sari●b. & Blesens. without conclusion, yea or h Re etiam non tentata, Dan. treaty of aught; as deeming it a matter both dishonest and dangerous to be in league and amity with such idle persons and gamesters as they. And i R●x Persarum talos ad D●m trium r●gem Asiae misit, ignaviam hominis notans. Dan, de Iud. aleae c. 7. & Hadr. jun. aenimad●er. l. 2. c. 4. & Babington on Command 8. the King of Persia, say some, k Regi Demetrio à rege Partborum tali aur●i sunt da●●, ut notaretur in eo leui●as p●erilis qui in maiesiate regia l●uibus intendebat. joan Sarisber. l. 1. c. 5. & Pe●r Bl●s. epist 74 & Agrip. c. 14. & Chaucer's Pardover. of Parthia, more truly say othersome, sent Demetrius King of Asia golden Dice for a present, thereby noting his sloth, say some, his childish lightness, say others, that in royal estate tended such toys. All this needeth no long answer. l Luxus Corinthiacus in vasis & supellectile preti●sa, in re item meretr●ciae in adagiū●l●m abierat: unde & versiculus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vise Agell. l. 1 c. 8. Aristoph. Plut. & Suet. Aug. c. 71. The Corinthian looseness both in that kind and otherwise (which no well minded man will either excuse or defend) might well discourage a Spartan of a generous and warlike disposition from proceeding in a business of such weight as that was: though the story be scarce found in any authentic Author, and the alleadgers of it vary in their reports. But take it for undoubted, yet neither doth that prove that no Lot in or about game may lawfully be used, which m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pa●san. Lacon. the Spartans', as well as n Vise quae suprae. other greeks, used for the joining of them together, that in certain Games they had for their youth, were to fight either with other; nor that these kinds of Lot Games were not used at all in Sparta, it being noted to have been a common byword with one of their Commanders, that o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lysander apud Plut. apophth. addit Dion. Chrys. orat. 74. in priore membro, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, inpasteriore, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, non ut v●lgò 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hoc tamen Dionysio T●yran●● tribuit Plutar. dem de fort. Alea. l. 1. Sed & Polycrati alios, alios aliis adscriber● testatur idem sympos. l 9 c. 12. & in vita Lysandris Polycratem ipsden hac in re imitatumex Androclide m●morat. Children use to be co●sened with Balls and Dice (or Hucklebones then used as Dice) and men cheated with words and oaths. For the Dice that the one King is said to have sent to the other; the story is by them much mistaken, much at least misreported. p Ex Trogi historia Instinus epi●em. l. 38. The Dice were indeed by phraartes' King of Parthia sent to Demetrius, who had sometime been King of Syria, and a valiant man, as the Parthians well knew, having been q Còm multis congressionibus victor fuisset, repenté circumuentus insidijs aemisso exercitu capitur. justin. ibid. oft beaten by him; but then, surprised by a train, was prisoner in Parthia; where though honourably used, yet desirous of liberty, having twice attempted to break away, and being twice brought back again, he had these Dice sent him, not to tax him of sloth, or for tending such toys, but r Talis a●eis in exprobrationem levitatis puerilis donaetur. justin ibid. to note, faith mine Author, his childish inconstancy, or rather (think I) to show him what he must wholly tend, without attempting of greater matters, unless he grew weary of his life. But admit one King in derision had sent such a present to another: as we read in s Holinshead in Henry 5. our own stories, that the Dolphin of France sent a tun of Paris-bals sometime to Henry the fifth, though without just cause, and with no great good success: yet would not that prove the use of the one to be evil or unlawful, no more than this doth the other. It is indeed an unseemly thing and a great disparagement for a King * Quomodò Socrates Lysiae, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Diogen. Liert. Socrate. to addict himself to either of those or any the like sports, though good and honest otherwise in themselves, t Prae●larè Themistocles, Magistratus à ludis & levioribus arcendos, ne respub. ladere videretur: quod à nostris v●tnam audiretur, ut nugis suis reipub. seria anteferrent, joan. Sarisber. poliaraet. l. 1. c. 4. with neglect of State-busines and of serious affairs, or u- vescit equo rudis Haerere ingenuus pu●r, Venarique timet; ludere doctior s●u Graeco iubeas trocho, Seu mavis v●t●●a legibus aleae. Hor. can. l. 3. ●de 24. of such other exercises as better beseem his place and person; which hath been x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de Hegosilocho Rhodio Theopomsus hist. l. 16. apud Athenaeum l. 10. quem & l. 12. argum utum hoc copiosiss●mè persequentem vides●s. a foul blemish to divers Princes and great personages, y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Plus. de and poet. Et Simocat. epist. 13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. such especially as were sprung from Parents that had taken the clean contrary courses: In which regard z jacob. Rex 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib 3. our royal Sovereign right wisely adviseth that hopeful Prince (that then was, but, to our woe, now is not) his son, leaving the ordinary use of Dice to debauched Soldiers to play at on the Drum-head, and tumbling tricks to Players to win their bread with, to make choice rather of riding, and tilting and hunting and the like, such exercises as best beseem a Prince and 1 Idem ibid. Vise & Rob. Valturi●m dear milit. l. 4. c. 4. may further fit him for martial affairs. But yet the evil practice of the former doth no more prejudice any Prince that shall use 2 To 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Xenoph. Cyripaed. l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A●hen lib 1. Venatione ferarum nos exerceri ad similitudin●m bectieae disciplinae. Cic. de nat. dear. l. 2. Vir acer in bellis, & venatu memorabili semper inclytus, etc. quo duratus so, lem & pulverem bellis Persicis tulit. Trebel, in Odenat●. the same exercise of Tennis or Tables in sober and seasonable sort; then the riotous courses of luxurious Princes ought to restrain the royal entertainment of others performed upon just occasion, and agreeably to their estate. § 16. In the last place are Poets produced for the condemning of dice. And Poets indeed, Satirists especially, are the common scourges of the vices and abuses of their times. Neither is it my purpose to be either a Pander to any sin, or a Proctor to plead for it, to excuse or extenuate, much less to justify or acquit any abuse used in game: (let my tongue first cleave to the roof of my mouth, nay let it rather rot to the very root in my mouth, then that I should once attempt aught in that kind;) but to consider only of these games pared from such abuses, as men may, if they will, and I doubt not but many do, use them. But let us hear what these Poets say. a Babington Command. 8. The Poet putteth it among the common Cankers that consume men and make Beggars of them, Dic●, Wine, and Women. When I first read this, I remembered indeed b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Antholog. l. 1. c. 57 a Greek Epigram wherein Baths, Wine, and Women, are joined together as Cankers corrupting and consuming men's bodies, and making a speedy dispatch of their lives: which c Balnea, vina, Venus corrumpunt corpora nostra: R●stituant (alij, conservant) eadem ●alnea, vina, Venus. some turning into Latin, to mend the matter, add withal, that these may as well prove restoratives or preservatives as cankers and corrosives, being used and taken as they ought. Since I find in some obscure Authors somewhat near that which is alleged, of dice, wine, and women: Which admitted for authentical, yet doth no more enforce an absolute and general condemnation of dice, than it doth of the other two, wine and women, that are therein joined therewith; which no wise man or in his right wits will therefore utterly condemn. And yet can there not be more said in that kind of this one, than (I say not Poets alone, but) the Spirit of God itself saith, (not to press aught out of the d Dives eram dudum, me fecerunt tria m●dum, Alea, vina, venus, tribus his sum factus egenus. Carm. Proverb & Guil. Pepin. de confess tract. 2. par. 3. c. 6. Apocrypha) of the two other, as well e Prou. 2.18, 19 & 6.9, 10, 11, 26. & 7.26, 27 & 9.18. & 12.4. & 22.14. & 20.27, 28. Eccles. 7.28. of women as f Prou. 20.1. & 23.21, 29, etc. ad finem. of wine. g Siracid. 26.5, 6, 7, 8, 9, 10, 11, 12, 23, 24, 25, 26, 27, 28, & 25.15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28. quod cum in Anglia à ministro Caluinista legeretur, mulierem è coetu exclamasse, Verbum illud non Dei esse, sed Diaboli, refert seriò Bellarm. de verb. De● l. 2. c. 15. Howbeit neither are therefore h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pla●. de audiend. poet. either the Vines in foreign parts to be rooted all out, or all use of wine to be wholly forbidden us, who yet might live well without it, because by many wine is much abused: nor are women therefore to be abandoned, or deemed i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Euripid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sophocl. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Menaud. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eurip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Menau. apud Stob. par. 2. c. 71. Et idem Menaud. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sed & tragicè nimis Cancrinus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. apud Athen. l. 13. Evils, though k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Philem. apud Volat●r. l. 30. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Menand. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Susarion apud Stob. par. 2. c. 67. necessaries, if many of them, by the abuse of themselves, or others abuse of them, prove as the Spirit of God speaketh: or yet marriage, being l Matth. 19.4, 5, 6. 1. Tim. 4.1, 4. Gods own ordinance, in itself no less m Genes. 2.18. Eccles. 4.9, 10. Prou. 18.22. & 31.12. helpful, beneficial and comfortable, than it is n 1 Tim. 4.3, 4. Heb. 13.4. holy, honest and honourable, is to be in that respect any whit the less regarded; but o Vina sitim sedent; gratis Venus almicreaudis Seruiat: h●s fines transilijsse nocet. Festue Auien in catalect. the use of either limited, the abuses stripped from them, as the rules both of reason and religion require. Yea but another p Dan. de Iud. al. c. 7. grave Author, reckoneth up this game among those vices that ' most grievously and easily are wont to corrupt a whole family: q Si damnosa senen invat alea, ludit & hares Bullatus, paruoque eadem movet arma fritillo. Iu●enal. satire. 14. If wasteful Dice the old man please, His son's sick of the same disease; Where father sitteth at cinque and size, The child in side-coates loves the dice. And r Babingt. on Command. 8. one of our own Poets s Chaucer's Pardoner, and the like hath his Parson. Chaucer saith; Dicing is very mother of leasings, (And of deceit and cursed for swear;) Blasphemy of God, manslaughter, and waste also, * Ha●●rd. ● Of time, of battle, & of other more Of battle, of naughtiness, and other more, It is a reproof and contrary to honour, u To be held a common hazardour. For to behold a common Dicer. And ever the higher he is in estate, The more he is holden desolate. * If that a prince shall. If thou a Prince dost use hazardie, In all governance and policy; He is by a common opinion, Holden less in reputation. Lords might find other manner of play, Honest enough to drive the day away. In a word x Babington ibid. it is a wonder taking any Author Christian or Heathen almost in a man's hands, if a man find not something in him against dicing. Here is nothing but that which I willingly yield to; and indeed nothing at all to the point or the purpose. For first, do not all those Authors and all these authorities impugn and condemn z N●w cometh hazardrie with his appurt●nanc●s, as tables and raff●s. Chaucer's Parson. Tables and Dice as well as bare bones? How is it then that the Citers of them sever these games, and allowing the one sort, allege these testimonies against the other sort, which equally concern either? Again what one of those Heathen or Christian writers was ever either so scrupulous or so censorious, that either of conscience he utterly forbore all such games himself, or condemned them in all others besides himself? Themselves evidently show what they misliked and condemned in them, (in such places especially where they a Est Alea effre●nata q●aeiam idend●●● p curiam cupillitas, anim sa credulaqu● spe lucri flagra●s: v. l, est gravis q●aedam & d●● manensanimi affectio, quae vi●●osa futurie ex ducta sort boni opinione constans, effraenata quadam & exultante cupidi ate ad ludendum concilatur. Ex quo primum iliad patet, minimè de illis hîc agi, qui immoderatè alea non abutun●ur. Paschas. de alea lib. 1. define that more distinctly, which b Est hic ludus altor otij, magister ignaviae, instrumentum avaritiae, fraudis efficina, rei familiaris eversio, temporis iactura, rixae materia, morum pernicits, d●g●itatis labes, & insignis ignominiae, animi angor, & cruciatus assid●us, etc. Osorius de Regis institut. lib. 7. in general terms they deliver else where,) to wit, either c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de Thessalis Theopompus apud Athen. l. 12. quod de Herculis aedituo Plutar. problem. Rom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.— s● ludi●ur alea pernox. junen. sat. 8. Neclus●sse pudet, sed non incidere ludum. Horat. epist. 14 lib. 1. the immoderate use of them, or d Sidamnosa sonem iu●●t alea— I●uen. sat. 14.— hunc alea decoquit. Pers. sat. 5.— neque enim loculus comitantibus itur Ad●asim tabulae, posita sed luditur arcae. Iwen. sat. 1. the wastefulness of expense at them; which no man defendeth. But that is nothing to the game itself. For for any man to spend more time than is fit about it, or to waste himself and his worldly estate at it, it is no way warrantable either in that, or in any other recreation, though never so warrantable, allowable, yea or commendable otherwise. Lastly what book shall a man lightly lay his hand on, but he shall find somewhat in it against drinking, as well as against dicing? yea more by much against that then against this, if that be true that one saith, that e Aleae vitium à Poetis, Oratoribus, Philosophis neglect●m. Paschas. d● aleal. 1. none ever before himself Poet, Orator, or Philosopher did ever directly and professedly deal against dice. Yet doth not the one prove that all sorts of men condemn drink: no more than doth the other that all sorts of men detest dice. To draw near land at length: f Babint. on Command. 8. A Dicer, saith g Alcator quanto in arte est meli. r, tanto est nequior. Publ. Syrus. Nun sa●is improbata est artis exercitatio, qua quanto quisque ●octior, tanto nequ●or? joan. Saruber, policr. l 1. c. 5. the Heathen man, the better the worse. And h Babingt. ibid. if a man, saith i Sir Thom. Eliot. one of our Countrymen, hear one to be a Dicer, and know him not, he by and by judgeth him to be a light and a vain person, and of no credit or account. And no marvel. For to be a Dicer importeth an habit, a profession, a practice, a trade: and to make a trade or a practice, or a man's living of any recreation is not commendable, though the recreation itself be such. But it is one thing to play at dice or cards, and another thing to be a Dicer or a Carder: as it is one thing to drink wine, and an other thing to be a k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Matt. 11.19. Vinipotor. Plin. mist. not l. 14. wine-drinker, or as we use to say, a l Multibiba atque Merobiba: quas● lagenam dixeris. Plaut. curcul. act. 1. sc. 1. wine-bibber. In a word as m Non quicunqoe in aula v●uit, Aulicus est. H. Steph. ep. ad Craton. Laertiopraesixa. they are not all Courtiers that live in the Court (as we commonly take n Canes aulicos appellet Theobald. Bles. apud Rog. Hoveden annal. par. 2. qu●modò Petr. F●rrar publicanosquasi publicos canes dici. Courtiers in no very good sense, o Vt in m●re flumina omnia, sic vitia in magnas aulas i●fluere. P●us 2 Pp. apud Pla●n & de aula Pontificia gurniad Eugen. pluresibiscimus defecisse b●n●s, quam profecisse malos Prince's palaces are so much abused) so p Non omnes qui alea ludunt, aleatores sunt: quod pessimum hominum genus esse inter sapientes constat: ludunt pueri, ludunt & senes: sed simpliciter & oblectamenti causa, non cupiditate lucri. Casaub. in Suet. Aug. c. 71. they are not all Dicers or Carders that at any time use cards or dice, but such only as q Ne ex lusis quidem aleae compendium spernens. de Caio Sueton. c. 41. make a gain or r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. Ethic. Nicom l. 4. c. 1. Ars tota infamis, & omnium gentiis legibus interdicta. Agrip. de van. scient. c. 14. Ab hac arte fraus & mendacium atque periurium nunquam abest: sed & odium & damna rerum: unde & aliquando propter hac sc●lera legibus interdicta fuit. Isidor. orig. l. 18. c. 68 a common trade of them; which to do is most base, and a course not by Christians only but by Heathens also, indeed generally condemned. To conclude for this argument, I condemn willingly as much as any of the Authors produced do: But no one of them all condemn that which they do that allege them, and therefore they nothing at all concern that for which they allege them. Yea to retort the argument applied to the present purpose. Were this problem propounded, not whether it were lawful for men to use dice; but whether it were not as lawful for children to play at even and odd, as at chery-pit, or at heads and points as at Push-pin, or at cross and pile as at Spain-counter; I suppose there is none of the Authors formerly alleged either Heathen or Christian, but would judge it to be a question moved only in jest, and scarce worthy to be answered in good earnest. And yet is it not made a question only whether such children's sports be lawful, but it is put out of question that they are utterly unlawful, by those that condemn simply all lusory Lots, whom we deal with principally in this point. Who had therefore need to see to it, that the grounds be good and sure which they build upon in condemning of that which scarce any Heathen or Christian ever made scruple of before them. § 17. But yet there is somewhat further pressed and enforced upon this last ground: For first, say some, s Philip. 4.8. All things of evil report are to be banished and abolished. But t Alea turpis. Iwen. sat. 11. infamis. Gualther. in Matth. c. 27. In aleae ludo m●ribus & legibus veterum infamiam fuisse constat. Camer. de precept. vitae. Aleatores infames censentur. l. 26. de iniur. l. fugitiws. ff. de verb. sign. Cuiac. ꝰ observ. l. 9 c. 28. ideò Tesserarij appellari ma●u●runt, inter quos tam●● tantum differt, quantum inter latrones & fures. Marcellin. lib. 28. ibid. cards and dice, as appeareth, are things of evil report: and therefore ought among Christians to be utterly abandoned. I answer: the immoderate use or abuse of them is of evil report, u Vt probes aliquen esse lusorem, non sufficit probare quòd aliquando luse●it, sed requiritur ut sit consuetus. jos. Mascard. de probat. vol. 2. concl. 997. alioqui aleatoris nomen non meretur. jac. Menoch. de arbitr. jud. l. 2. cent. 4. §. 20. the moderate and sober use of them is not. * See his majesties Counterblast: & Sylvester's Tobacco battered. To be a Tobacconist or a common Tobacco-taker is a matter of no great good report: yet is not the seasonable and profitable use of it in that regard therefore to be utterly abandoned and abolished: nor those reverend Divines, that, beside others, find benefit by it, to be restrained of their Christian liberty in that kind. Secondly, x Fennor of recreations propè finem, reas 3. We shall confirm others, that abuse them, by our use of them. We ought indeed to be wary that we give as little advantage that way as may be. But by a discreet and moderate usage of them we shall rather teach them how they may use that well, which they will hardly be wholly weaned from; and shall make it plainly appear, that y Vitia hominum, non rerum. Senec. epist. 51. the faults pretended are not the things but the men's, z Res non sunt in vitio, sed usus rerum. joan. Saruber policrat. l. 5. c. 17. not in the Creature itself used, but in man's corruption abusing it. Thirdly, a Fennor of recreations, prope fi●em, reas. 1. & 2. It cannot but give scandal to those that condemn these games both within the Church and without it: which b R●m 14.15, 16. 1. Cor. 10.32. in things indifferent ought not to be done. For those without, there is little fear of offence to be given by the sober and seasonable use of them. We heard before what they condemned. For those within the Church, it is true indeed, that c R●m 14.21. it is not good to do aught whereby a weak brother may be offended; yea d Rom. 14.20. to do aught with offence it is evil. And therefore e Rom. 14 13. 1. Cor. 8 9, etc. men shall do well to forbear them among those that are diversly minded, and may therefore be scandalised and grieved therewith. But withal those that are otherwise minded, f Rom. 14.2, 3, 4, 15. ought not to be so peremptory in censuring and condemning those that use them, or that herein differ in judgement from them: neither ought they to take offence at them for the doing of that which they know to be held lawful and approved by many others learned and religious; being condemned or questioned but by a few in comparison; especially being no main point or matter of faith. § 18. Yea but lastly, g Eastie histor. Gosp. reas. 7. This difference among the learned cannot but make men doubt, and h R●m. 14 23. to use them doubtingly is a sin. I answer: first, this consequence simply and generally granted will infer grievous inconveniences, and drive men into strange straits. For if a man may do nothing about which there is any difference among the learned, how many matters will be utterly cast and cut off, which yet no man now condemneth other for the doing, being of the same mind and judgement with himself? yea what a troop of dilemmaes shall men continually be encountered and entangled withal, wherein they shall be at a stand, able to take neither part, when yet they must needs be on some side, some holding it a sin to do a thing, others a sin not to do the same, as it falleth out in divers controversies both between the Separatists and our Ministers, and between our own Ministers among themselves. Secondly, difference among the learned is not generally just cause of doubt: in two cases especially it is not; First, where a man discovereth evidently the weakness of their grounds that defend the adverse part. Secondly, where a man findeth sure ground for the one side, which he therefore sticketh close unto. How many main points are there in the body of Divinity, which yet many, no doubt, yea the most among us, now doubt not of, notwithstanding they find differences among the learned about them? What i Secunda● nuptias expertis, sive saepius nubentibus, poenitentiae modum a● tempus assignant Cove Nicen. can 8. & Conc. Neccaes●r. c. 3. & 7. quod & apud G●at. cause. 31. q. 1. Etiam liberè & l●gitimè contraben●ibus. Conc. Laodic. 1. c. 1. quorum c●nciliorum confirmantur canon's in Synodo 6. Coustant. c. 2. damnant etiam exertè iterata coniugia Athenag. in legate. Tertullian. de monogam. & exhort. ad castit. Author operis imperfect. in Matt. hom. 32. & alij. troops of the ancients have condemned second marriages, which yet no divine, or other that I know, maketh any doubt of at this day? How k Tertull ad uxorem l. 1. Epiphan. haeres. 59 Ambros. Epist. 82. & in osfic. apud Grat. d. 26. Hieron in Tit. c. 1. & in epist. ad Ocean. de Carterio Episc. Innocent. 1. Pp. in epist. ad Rufum c. 2. & ad Concil. Tolet. c. 6. Aug. de bono coniug. c. 18. Chrysost. ad Tit. homil. 2. Canon. Ap●st. c. 17. & apud Grat. d. 33. Concil. Nicen. teste Ambrosio epist. 82. & Concil. neoca's. c. 8. & alij innumeri; ut Pontificios praeteream. many of them have held, that a man that had been twice married, was by l 1. Tim. 3.2. Vuius uxoris virum. the Apostles own constitution uncapable of the ministry? May no man therefore so qualified, without scruple and doubt, undertake that office, nor execute the same in that regard without sin? Are there not great and many differences about the real presence of Christ in the Eucharist between Papists and Protestants? yea was there not much difference, and that with eager opposition about the same point m Visantur scriptae utriusque de re Sacramentaria. between Luther and Zwinglius many learned and religious taking part on either side, and continuing the controversy even to these times? Cannot a man therefore without wavering, even a plain ordinary Christian, adjoin himself to either side? yes; doubtless he may, and many questionless do. Difference therefore among the learned giveth good cause of disquisition and discussion, not necessarily just cause of doubt. Thirdly, general Faith may stand with some kind of doubting, as n Mark 9.24. special Faith may stand with some kind of wavering. o Vise joan. Nider. consol. timor. conscient. par. 3 cap. 1. & 12. & 13. Neither is it every sudden injection, or idle scruple, or snarling objection, though a man cannot assoil it, that maketh a man's actions unwarrantable unto him, or bringeth him within compass of that Apostolic censure, p Rom. 14.23. He that doubteth is condemned, because he doth not, what he doth, of Faith: and whatsoever is not of Faith, is sin. q Certitudo moralis compatitur secis vacillationem quandam animi aut haesitationem, vel suspitionem sive scrupulos, quos convincere & c●mpescere melius quam per contemptum nequeas. Gerson. de pollut. nocturn. confid. 3. A man may be certain of the lawfulness of a thing, having sure or sufficient ground for the same; and yet have some scruple arising in his mind about it otherways, which he cannot well avoid: as r Vise Matthaeum de Cracon. in rational. divin. operam apud Nider. consolat. tim. consc. par. 3. c. 19 a man may hold firmly some points of doctrine, as the Articles of his faith, though he be not able to answer every subtle sophism that against the same may be objected. And certainly s In Moralibus sine civilibus non expressè determinatis certitudo probabilis sufficit. Nider. consol. part. 2. c. 13. & 14 & 18. & Gerson de contract. in civil actions not precisely and expressly determined in the word, a moral certainty, as some Casuists say well, doth suffice to keep a Christian man from incurring God's displeasure, having done his best endeavour to inform himself aright, and resting ready to yield unto any better information. Which moral certainty, yea and more than it, I see not why it may not be well had in the present point concerning the use of a lusorious Lot, notwithstanding the difference among those that be both learned and religious. For the ground whereof (to return that that here is objected) let thus much alone for the present be considered: that as t W. Bradshaw, qui & id●m habet contra johnson. rat. 1. a reverend Minister of our Church now with the Lord, in conference with certain Separatists sometime well alleged, that It was a sufficient argument to prove the truth of our ministry in that such wrangling and cavilling Companions as they were, could not object aught against it, but what might well and easily be answered: so u Probatio quandoque fit eo ipso quod contrarium non probatur. Accurs. ad Cod. just. l. 4. tit. 7. leg. 1 & add lib. 7. tit. 23. leg. 11. & add lib. 9 tit. 22. leg. 4. it may be thought a sufficient warrant for the use of these Lots, in that the oppugners of them being men so learned, and so well read in God's word, can say nothing against them (for by that they do say, when they strive of purpose to do their best in it, they show what they can say) but what either hath been or may be sufficiently answered by others. Lastly * Vbi dubitatio surgit de aliquo actu an possit licitè fi●ri vel omitti, tutius est omittere quam facere: praesertim ubi factio generaret scandalum aliorum. Gerson. contrasecta slagellant. if any man want good ground for the use of them, or have just cause of doubt, he were best to forbear them, x Rom. 14.5. till he be better assured of sufficient warrant for the use of them; yet without censuring of others that use them with warrant, seeing more, it may be, herein, than he as yet doth. CHAP. VIII. Of Cautions to be observed in the use of lusorious Lots. § 1. THus having answered the arguments produced by the learned of contrary judgement against these lusorious Lots, and proved the use of them to be in itself not unwarrantable: It shall not be amiss, as we did before in the former, so to annex here some caveats and cautions to be observed in the use of them, both applying some of the former to this particular; and beside adding some others, that may meet with such abuses, as to such kind of Lots may be incident; that so things not unlawful in the right and warrantable use of them, may not become unlawful to us by our abuse of them. Lusorious Lots therefore, as all other recreations, are to be used soberly, seasonably, ingenuously, inoftensively, prudently, and religiously. First, I say, soberly and moderately, and to this purpose a 1. Thess. 5.6. 1. Pet. 4.7. 2 Tim. 1.7. Tit. 2.6.12. the holy Ghost hath commended unto us Christian sobrietle and temperance as a principal virtue, yea as b Tit. 2.12. 2. Pt. 1.6. a nurse and a staff of godliness and righteousness; c Fennor of recreate. rul gen. 1. which consisteth in a sparing, a d 1. Cor. 7.29.30. moderate use at least, not of meat and drink only, but of all bodily benefits; those more specially that are merely or mainly for recreation and delight. And the Heathen men themselves by the light of nature have discerned; that there is e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Cleobulus apud Laert. & Stobaeunt. Mensuram optimum ait Cleobul●●s Lindius. Auson. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Py●hagor. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Phocyl. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ●t Theo●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- Hesiod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pin●ar. Pyth. ode 2. Modus omnibus in rebus optimum est ha●i●●: Nimia omnia nimi●s exhibent negotium hominibus ex se. Plaut. Paenulo.- optimus cunctis modus F●●ndi, tacexdi, sonini vicinus modus, Benefactorum, gratia●um, injury, Studij, laborum, vita in omni quicquid est, Istum requirit optimae pausae modum. Auson. lado 7. sap. Modus ubique laudandus est. Cass●od. l. 1. cp. 19 Optimus ●st in omni re modus, & laudabil●s ubique mensura. Pelag. ad Demetriad. a measure and f Auream quisquis mediocritat●m Diligit, tutus etc. Horat. ode 10. l. 2. a golden mean to be observed in all things; that g Es● modus in rebus: sunt certi denique sins, Quos ultra citraque nequit consistere rectum. Horat. sat. 1. ●ib. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. man.. Palaeolog. ad fill. precept. 40. there are certain bounds and limits of them even in nature prescribed, which when men transgress they serve from the right use of them; and h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sodamus in Anthol, quod quidam Stratodemo, alij Soloni, alij Chiloni, alij a●ijs tribu●nt. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pindar. apud Plutarch. ad Apollon. Nimium nil, Pittacus. Auson. 7. sap. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Theogn. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Alphaeus anthol l. 1. c. 12. To, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ponit Aristot. R●e●. l. 2. c. 21. & Chiloni adscribit. Ib. c 12. Mortales oraculorum societatem dedere Chiloni Lacedaemonio praecepta eius Delphis consecrando aureis literis quae sunt haec, Nosse se quemque, &. Nimis nihil etc. Plin. bist nat. l. ●. c. 32. Quid aliud est quod Delphica canat columnaliteris suis, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quam nosfacere ad mortalium modum medioxumè? Varro apud Nonium, Vitiosum est ubique quod nimium est. Sense. tranquil. c. 9- n●m id arbitror Apprime in vita essertile, ut nequid nimis, Ter. Andr. seen. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. man.. Pal. precept. 24. Vise Clem. Al●x str●m. l. 1 & Stob. tom. 2. c. 3. that even i Eccles. 7.18. Insani sapiens nomen serat, aequus iniqui, Vltra quam satis est, virtutem si petat ipsam. Horat. epist. 6. lib. 1. the best things used immoderately become inconvenient; as waters breaking their banks, or surrounding their bounds grow incommodious and dangerous; and meat and drink taken either vn●easonably or excessively hurt rather than help. As in all other things therefore, so k jimodus laudabilis est, ●ùm moderatione adhibita prudenter, et si fieripotest, utiliter exercetur, ut mandato C●mi●i acquiescas, Nequid nimis. de venatica joan. Sarub. policr. l. 1. c. 4. Neclusisse pudet, sed non incidere ludum. H●rat. lib. 1. epist. 14. in these pastimes especially a mean is to be held, partly in regard of the measure of time and expense, and partly in regard of the manner of our usage of them. In regard of measure, for time, regard is to be had, that they take not up too much time with us, nor we spend over much time about them. Wherein those offend that spend, as we say, l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ut Plut. sup. the leive long day, yea some m Die n●ctuque ludendo. Cod. l. 3. tit. de aleat. ●eg. 2. Fertur & necte perp●ti alea lusisse. de Vero Capitolin.- luditur alea pernox. Iuuen sup. both day and night too, at game: an evil practice, yet too too common in most places among us, (by n Edmundus G●indal Londineus. Ep. ad D. Pauli A●no Domini 1560. tes●e Guil. F●ik praefat. antiprognost. a reverend Prelate, Guil. Fulk ibid. & lo. Rivius de office pastor. & Rob. Travers in Psalm. 111. besides others, publicly heretofore complained of) especially at the usual solemnity of our saviours nativity: At which time, o Vise Luciani 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & Macrobij Saturnalia. as the Heathen in their Saturnalia, held p Ad 14 ●m Cal. Ian●ar uno die primum, teste Masurio: tum per i●iduum, ex Mallio & Augusto; quandoque & 7. dies integros, ex Novis & Mummio, Macrobius Saturn. l. 1. c 10. Sed vice Lips. Sat. l 1. c. 3.4. Hinc apud Horat. serm. l. 2. sat. 7. libertas Decemb●is. much about the same season, were wont to give themselves wholly to gaming, and reveling; so many (too too many) among us who profess ourselves Christians, setting then aside all sage, and serious, yea and sober demeanour; give themselves wholly to game and play and all kind of excess, misspending their time, than which nothing is more precious, nor aught more charily to be spent; and q Saturnalia potius celebrantes quam Christi ●atales. Guil. Fulco pr●fat. Antiprognost. Vi dici qucas quod olim Vigilantius, Mutatis nominibus Gentilium festa celebramus. Natalitia enim Christi quafi Saturnalia quedam sunt: quasi Bacebanalia Quadragesimam antecedentes dies. Rivius de office pastor. carrying themselves in that loose and dissolute manner, that if a stranger should by chance come among them not knowing what religion they were of, he would by their behaviour rather guess them to be worshippers either of Bacchus the reveling and drunken God, or of Saturn the riffling and gaming God, than the servants of Christ jesus r Luk 21.34. the Preacher and Practiser of sobriety and temperance. As the Apostle speaketh, s jam. 3.10. My brethren, these things ought not so to be. Though t Ephes. 4.17, 18, 19 Rom. 13.13, 14, 12. Heathen have walked thus that were ignorant of God; yet u Ephos. 4.20.21. Vos autem non fi●: Christum didicistis, ut rectè Beza interpungit. we must not do so, that have learned Christ; if so be we have heard him, and have been taught of him, as we profess ourselves to have been. Christian religion giveth no liberty for such courses at any time, much less at that time, when we should (if we will aright celebrate the memory of God's mercy toward us in Christ) carry ourselves most religiously and most conformably to the life of Christ, we ought therefore to remember both then and at all times, that recreation to other affairs is but as * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. Lycurg. sauce or x Delectati● ad vitam, ut sal ad cibum. Peccant mulieres cum potaegia nimis condiunt sale. Barelet. quadra. hebd 4. ser. 2. salt to our meats: As the use of sauce or salt is to prepare our stomach for food, or to help our appetite in eating; so the use and end of recreation is to refresh us after labour, and to make us fit for labour: It is not an employment that our principal and precious time ought to be spent in; which was the fault of those both in y Esai 5.11, 12, 13. Esaies' days; and in z Matt. 24.38, 39 Noah's time (whom the holy Ghost therefore taxeth) that they gave themselves wholly to their delights and their pleasures, regarding nothing else, and minding nothing else; like the idle 1 Act. 17.21. Athenians that applied themselves to nought else but to hear or tell news. And surely as it is preposterous diet to use 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. more sauce than meat, and to cloy the stomach with that which should whet up the appetite: so 3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. Ethic. Nic. l. 9 c. o Parum de delectatione sufficit ad vitam pro condimento, firut pai un de sale sufficit in ci●o. Thom. sum. par. 2 ² 2 c.q. 168. ●. 4. it is no less preposterous a course to have the greater part of men's lives taken up with disport, so that it is a mean to withdraw and withhold them from that, which it ought to fit them for. The rule therefore is here that Game is to be used as an extraordinary refreshing, not as an ordinary employment: a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. Ethic. l. 4. c. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Id●m polit l. 8 c. 3. as Physic in sickness for the restoring of health, so recreation upon weariness for the refreshing of the spirits. In which regard is that saying applied better * M●gis offendit (〈◊〉) nimium quam parum. Cic. Oratore. to play than it was sometime b Philosophandum paeu●is. Ne●ptolemus Ennianus. a●●od Cic. de oral. l. 2. to study, e Babington on Command. 8. We must play but a little: delights of this kind being well compared unto c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In antholog. l. 1. c. 46. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pindar. Pyth●ode 7. id quid Solomon Prou. 25.27, 28. Honey, d 1. Sam. 14.27. Volup●ates ut mel summo digito degust●ndas, non plenamanu sumendas. Dionys. soph. apad Philostrat. with the finger's tip to be taken rather than with the whole hand. § 2. For matter of expense likewise is great regard to be had, that we spend no more than is fit upon them, nor then our estate may well afford to be spent upon our sports; that in our lawful recreations f Fennor of recreate. rul. gen. 5. we go not beyond our ability; and therefore that either we play without staking or wagering, or at least without staking and wagering more, than any man's estate will well permit one of his rank to spend on his lawful delights, and without disabling of himself to the doing of that which God requireth of him otherwise. In which regard is such play by reverend Divines justly condemned, g B King on jon. lect 9 wherein the matter engaged icapordeth a man's stock or his state. As also the civil Law in this regard inhibiteth these games among others, for that many did h Necludentes, necludumscientes, sed numeratione tantum substantias perdunt. Cod. lib. 3. tit. 43. leg. 2. not so much play as cast their wealth away at them, playing night and day for gold and silver, and jewels and plate; and i Non impunè milites in ludo arma amittehant. Dig. de re milit. lib. 49. tit. 16. leg. 3. & ibid. leg. 14. soldiers pawning their weapons and armour at play. And for this cause the same Law allowing yet some other games, forbiddeth any man to hazard at them k Non permittimus ultra vuum solidum, etiamsi quis multum dives sit. Cod. lib. 3. tit. 43. leg 2. above a shilling a game, though he be of good ability, or a far less sum if he be of meaner estate, l Vt si quem 〈◊〉 contigerit, casum gravem non sust●neat. Ibid. that the Loser may sustains no notable loss. And m 33. Henr. 8. c. 9 E● 2. & 3. Phil. & Mar c. 9 our laws likewise inhibit any but the richer and better sort the use of these games and other the like, whereat much may be soon lost, save at certain times only: thereby to prevent the wretched practice of such, as would otherwise be continually crumbling away their wealth by the ordinary use of them: Which for any man to do it is no better than plain stealth. It is to rob the poor, whom n Ephes 4.28. he ought to relieve (but by this means disableth himself so to do) and o Prou. 3.17. inde & Ele●mosyna 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sine justitia dicta Matt. 6.1. & 2. Cor 9.10. sicut & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psal. 112 9 unde & Apostolus sumpsisse videtur. whose necessity giveth them a right to his wealth: it is to rob his family, p Prou. 17.27. which he ought to maintain, and q 1. Tim. 5.8. which not to provide for is made the note of a counterfeit Christian, and one worse than a professed Infidel: it is to rob himself: and as Solomon saith, r Prou. 28.24. He that robbeth father or mother, and saith it is no sin, is s Socius est viro interfectori, jun. Cosen-german to a Murderer, or a Destroyer: so he that robbeth himself by wasting of his own state on such courses, is little better than a murderer or a destroyer. And surely t Si omnis qui hominem oc●idit, homicide est, quisquis scipsum occidit, non● sit homicida●●●i hom●a non est. Aug. epist. 61. Qu●●ad●● innocens iuditabitur, cui dictum est, Diliges proximum tuum tanquam te, si homicidium committit in seipso, quod prohibetur in proximo? Ibid. Si paricidace sceleratior quam quilibe● homicida, quia non tantúm hominem, verùm etiam prepinquum necat, & in ips●● paricidis quanto propinquiorem quisque peremerit, tanto indicatur immanior; sine dubio peier est qui se occidit, quia n●mo est homini scipso propinquier. Hugo Victor. de bono patient. c. 13. if the murderer of himself cannot be discharged of sin, no more than he that murdereth some other a mere stranger: then neither can he be acquitted that is a robber of himself: since the one depriveth himself of life, the other of living, of the means whereby he should live, and without which u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Synes. in epist. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ut Aristoph. Pluto. i. vita non vitalis, ut Ennius apud Cic. de amicit. unde Comicus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. Vita band vocanda est vita victue indiga. Erasm, chil. 2. cent. 8. ad●g. 3●. quod Eurip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Misera vita morsest, non vita. Drus●ad Sulpit. Et quod de arcu Heraclitus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eustath● Iliad. d. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hesi●d. & absq●e cum hom● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ut Sophorl. Antigen. his life may be no better, yea becometh many times * Si●●cid. 30.17. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theogn. more bitter, than death. Yet is it lamentable to consider how common abuse is in this kind, both at these games, and at others, among men of all sorts. Some one great man sometime at a race, or a sitting, or a match at bowls, or an afternoons cockfight, casting more away then would have maintained many of honest means in good estate for a twelué-moneth and more: so that by means hereof not the poor alone remain unreleived, and 1 ●simplexne suror sestertia cent●m Perdère, & horr●nti tunitam non reddere feruo? Iua●nal. sat. 1. their servants unrewarded, but their rents are so racked and their estates so improved, that their Tenants that hold of them are thereby also impoverished, and yet themselves as x Genes. 41.21. Pharaos' lean Kine when they had eaten up the fat ones, y - quodcunqur profanda Traxit avaritia, laxa peiere resundit. Claudian. bell Gildon. never a whit the richer, or better able to do King or Country service, for all that they have scraped and gathered together in that sort. And again the poorer sort, on the other side, though they complain of penury, yet will not be beaten from play: even those that will pretend want, to shift of the least common charge, yet will make shift to get somewhat wherewith to hold game: who when they have spent what they had that way, wanting means to recover aught soon or suddenly again, and being enured to idleness by such thriftless haunts, are enforced oft to betake themselves afterward to such courses, as bring upon them at length as well loss of life as of living. But here is a question moved among the learned, whether a man may play for, or wager aught in play. And it is a question that requireth a larger discourse thoroughly to discuss it, than this present work, growing already too great, will well permit. Some utterly condemn it: and I have seen of late in writing 2 M. W on occasion of Sampsons' wager. Iudg 14.12. along discourse containing sundry arguments tending thereunto: of which yet ( a- have veniam petimusque damusque vicissim. Horat. art poet. to speak my mind freely, and ingenuously without exception to the Author, whom I think reverently of otherwise, though in judgement dissenting from him herein) I am not able to apprehend the force and validity. Neither indeed can I discern aught that should make it unlawful for a couple of familiar friends to put it to the event of a game, whether of them shall part with such a trifle to the other, as either of them may spend lawfully at that present upon his pleasure, or they might otherwise well freely bestow either on other. Others therefore allow it, as the Civil law doth, in some cases b Quod in convivio vescendi causa ponitur, in tam rem familiam ludere permittitur. C. lib. 3. tit. 43. leg. 3. for somewhat presently to be expended and spent in common between them, as when men play together for the charge of a supper. Yet may men go too far also that way; as in feasting of friends (a fault in these times too usual) a man may exceed. It is said of Nabal the Churl that c 1. Sam. 26.36. he made a feast like a King. And as d Prou. 23.20, 21. by feasting a rich man may soon bring himself to poverty, and a poor man to beggary: so may either do the same, which some seem to have observed, by hazarding overmuch to be spent and wasted that way. For mine own part, I approve the judgement of that reverend Divine who thus determineth this doubt; e B. Babington on command. 8. When so little is played as no way disableth a man to any duty of his calling, or the money, being not much, is bestowed in some meeting for the maintenance of love, or that which is won is a reward appointed for the exercise, (bestowed by such as may well be at that charge) than I think with f Idem ex part Danaeus de lado ale● c. 4. & Perkins cases of Conscience book 3. chap. 4. § 3. Quest. 2. others, that it is not unlawful. So that the rule is here that nothing be hazarded but what may very well be spared, and what a man may expend lawfully at that present on his lawful delight. § 3. And thus may we keep within compass for the measure or quantity both of time and expense. Now 1 Ludendi modus quidam retinendus est, ut ne nimis omnia profundamus, elatique voluptate in turpitudivem dilabamur. Cicer office l. 2. for the manner of using game further consideration would be had. For therein also many offend, when they are too eager upon play, or are overmuch transported and carried away with delight in it; when, as one well saith, g Fennor of recreate. ●●legener. 3. they either h 1. Thess. 5.6. sleep at it, or are drunk at it: that is, when it either so occupieth men's minds that it maketh them unwatchfull against the motions of fin, or so overcometh them with the delight of it, or other passions procured by it, that it maketh them break forth into outrage of swearing, blaspheming, fretting, cursing, and quarreling, and such courses as sobriety in such cases would never admit. For i Esai. 51.21. Ebriae, non à vino. Est & absque tem●to temulentia quaedam, & quaedam etiam, in sobrieta●e ebrietas; (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.) ab ira, àli bidine, ab ambi●icne, ab avaritia. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrysost contra jud. l. 5. Es●. & mentis ebrietas ebrij sunt mulis qui sibi sobrij videntur: ira●undia anima no in●briat; fur●r plusgiv●briat: inebriant libidines: av●ritia etiam ●abidum reddit. Origen. in Leuit. homil. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Basil. homil. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato leg. l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pl●t. sym prob. l. 7. c. 10. Ebrius v●geris mul●is ●xisor undique curn. Lucr. l. 3. a man may be drunk as well without wine as with wine; with the dry smoke of Tobacco as well as with drink. As one saith well of prosperity, that it so transporteth some, that they are even k Fortuna dulci ebrij. Horat. Ebrius pane, Belgicum de proteru● diverbium. Drus. proverb. l. 2. Et Eras. ebil. ●. cent. 3 ad. 3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Dionys. Holy. antiq. l. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Demost. Philip. 1. Motisms illi felicitate ●imia caput. Senec. Epist. 115. as drunk with it; and l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Piut. symp. probls. l. 7. c. 8. ridiculis spectaculis quasi ebrius efficeris. Chrysost. in Math. homil. 37. some sorts of mirth and m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. symp. probl l. 7. c. 10. Vise Eras. chil. 1. cent. 3. adag. 3. music are said to make men little better: So we may well say that men are drunk with game, when they are so addicted thereunto, that it stirreth up in them such distempered passions as men soberly minded cannot but condemn and abhor, and which they themselves could not but dislike in themselves, if they were not for the present besides themselves. As therefore it is well advised by one, that n Cavept totus aliquando dormias, Bern. de ordin. vitae. Men at no time give themselves wholly to sleep: so much more have we good cause to be wary, that * Cavendum ne totaliter gravitas anim● reschuati●●. Them, sum●per. ●4. 2 ●. ●. 168. a. 12. ne dum animum relaxare volumus, orat●● harmoniam & quasi concentum soluamus. Ambros. office l. 1. c. 20. Otium industriae subnecti debet▪ non qu● evanescat virtus sed quorecrectur. Val. man.. l. 8. c. 8. Mulium enim interest remittas aliquid, an soluas. Sen. de tranq. c. 15. we set not our minds at any time wholly upon play, and so sleep waking at it, (the more dangerous sleep of the twain) nor suffer our affections to be overmuch carried away with it, lest we become no less dangerously drunk therewith then some other are with wine or strong drink. For as o Luk. 21.34. worldly cares, so p Luk 8.14. bodily pleasures, and Game among others, though not evil simply in themselves, yet become spiritually prejudicial and dangerous unto us, when our hearts are either wholly possessed with them, or over-eagerly and earnestly addicted unto them. In this kind especially q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. symp. prob. l 7. c. 7. to exceed is the rather discommendable, because the business itself (if it may be so termed) is but light, being but matter of recreation and ordinary delight: and it is r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Is●er. ad Dem●nic. no less an imputation for a man to be over serious in trifling matters, then to trifle in serious and weighty affairs. The rule than is here that s Flecte cruxes animus, ut vere ludere possis. julian. sch l. Lus●ri numos, animus qu● que pon●re debent Eusth. Disports be used sportingly: so as we be t- irasci desine victus. As●●enus. Pone malas, ' quoties ludendo vinceris, iras: Irasci vict●● minimè place●●●ompeian. schol. content to win or to lose at them, and stand indifferent to conquer or to be conquered by them, and to go well through with or to be crossed in them, as it shall fall out: our affections being no further fixed upon or fastened to them, than the weight and worth of them may well warrant. § 4. Secondly recreations are to be used as soberly, so seasonably. For u Eccles. 3.1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod ex Pittaci sententia (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Laert) Auson. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, tempus ut noris jubet: Sed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 iste ●●mpesti●um tempus est. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. man.. Palaeol add fill. precept. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Theogu- 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sodamus in anthol. there is a time and season for all things, and for recreation among other things. * Eccles. 3.4. There is a time, saith Solomon, for laughing, and mirth, and a time for dancing and delight. There are times for recreation and sport, and times for sad and serious affairs. Recreation therefore is good when it is seasonable, when it cometh in his due time: else, as it is with fish and foul when they come out of season, x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Menand. H 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Idem. Tempestina aliqua ni voluptas ●it, nocet, H. Stephan. To 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Isocr. ad Demon. Et Bonum malum fit tempore haud datumsuo. Erasmus chil. 4. cent. 3. adag. 2. Et data non apto tempore vina nocent. ovid. remed. l. 1. that is evil, that is good otherwise. Herein then men offend, not only when they take up too much time with it, but when they take not fit times for it. For a man may spend too much time at it, and then he sinneth in using it immoderately: and again he may spend but little, yet not fit time about it, & then he sinneth in using it unseasonably. Now then do men use game & recreation unseasonably, when they should and ought to be otherwise employed, either in the works of their special callings, or about the holy things of God. First, when they should be about any necessary duty concerning their estate and place, or the means of their maintenance, and the good of themselves and theirs. In which regard was not that party's course commendable that saith, y Posthabui tamen illorum me●seria ludo● Virgil, bujol. Ecl. 7. he neglected his own business to attend others at play: nor can those be justified that either sit at cards and tables within doors, or be in the bouling alley abroad, when other affairs of great consequence require their presence elsewhere. Since the use and end of recreation is not to withdraw or withhold us from our more serious employments; but 1 Vt tempestiva laboris intermissione ad laborandum vegetiores reddamur. Valer. Max. memor. l. 8. c. 8. to make us fitter for them, and better able to go through with them. z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. Polit. lib. 4. cap. 14. De●l●9 ●9. cap. 12. Sa●● pax quaeri●ur arm●●. Sta●. Theb. l. 7. As peace is the end of war; and peace is aimed at in war; so a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. ethic. l 1●. ●6. is business the end of recreation, a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist. ibid. it being ordained for business, and not business for it. Yea as the right end of war is peace, so the main end of peace is not so much the taking of our pleasure, (though b Z●ch. 3.10. & 8.5. & 9.17. we enjoy that benefit also thereby) as the freedom of following our serious affairs. The time therefore that aught to be employed in the one, must not be unseasonably misspent in the other. c N●que enimita generati à natura ●umus, ut ad ludum i●cumq●ef●●cti esse videamur; sed adseveritatem potius & s●●dia gra●iora atquo maiora: ludo autem & 〈◊〉 v●i illis quidom l●ce●, sed sicut so●●o & quietibus cateri●, cum gra●bus serij sque rebus satisfecerin●●●. ●i●. office l. 1. Hins' Germanic vitio dat Tatitus, quod inter feria sobrij a●eam exercent, etc. Our vacant time only is allowed for disport: which is then most seasonable, as food, when hunger craveth it, or as sleep, when heaviness after watching calleth for it, so when wearisomeness after other employments requireth it. Secondly, when they should be tending the holy things of God either in public or private. And thus d Ludo Sabbatum viela●ur. Alex. Carpent. destruct. vit. par. 4. c. 23. joan. Gritfch. quadrag. s●rm. 10. joan. Nider. praecept. 3. c. 1. Concil. Tol●t. 4. apud Grat. de consecr. d. 3. is it a sin to follow game on the Sabbath, as e judaei sabbatum obs●ruant carnali ocio: vacare enim volunt ad nugas atque luxurias su●●. August. de 10. chord. c. 3. Celebrant sabbat●m judei o●io languido & stux●, & luxurioso. Vacant enim ad nugas; à bono opere vacant, ab opere nugatorio non vacant. Id●m Psal. 91. judai seruiliter obserua●t diem Sabbat● ad luxuriam, ad ebrietatem. Idemin joan. tract. 3. Et Socrat. eccls hist. li. 7. c. 1●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. de Iudae●● Alexandri●is. the jews used to do, and do yet to this day both on their Sabbaths and solemn feasts, and 3 Si quid op●ris in agro quis●iam di● festo, ita re poscente, fecisset, quam nefarium scelus, quam inexpiabile ●rimen? At ve●ò qui diem eundem, negl●●ta concione sacra, con●in̄s, com●stationibus, vino, crapula, saltationibus, alea, ludis ferè to●u● consumpsisse●, is nimirum p●è pulchréque feriatus esse credebatur. Rinius de seculi nostri f●lic. See Whites way to the Church, digr. 46. num. 6. as the Popish sort are noted ordinarily to solemnize their festivals. For this is not f Exod. 20.8. Esai 58.13. to sanctify or consecrate the Sabbath as holy to the Lord. The Sabbath indeed is a day of rest, but g Leuit. 23.3. & Exod. 31.15. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ignat. ad Magn●s. of holy rest; of rest not to worldly recreations but to heavenly meditations, 4 Finis est Sabbati ut vacet h●m● rebus divinis. He●r. Herp in decalog. precept. 3. serm. 7. Et Rob. Lincoln, in manned. 3. Debet totus dies fes●i●us à Christiano expendi in operibus sanctis. of rest to religious and spiritual employments. It is sacrilege therefore to follow game on the Sabbath; at such time as we should be plying the service and worship of God: it is time stolen from God that we spend so on our sports: Which it were less sin therefore for us to spend h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. Ethic. l. 10. c. 6. on some more serious affairs, according to that which one of the ancients well say, that i M●lius ●st (Dic Sabbati) a●are quam salta●●. Aug. in Psal. 91. Melius tota die f●d●rent quam tota di● laderent. Idem in Psal. 32. Melius faceret judaeus in agro suo aliqu●d utile, quam in theatro desidiosus existeret: melius foeminae ecrum die Sabba●● lanam facerent, quam to●a die in neomenij● suis impudi●è saltarent. Idom de 10. chord. c. 3. & in joan. tract. 3. Hoc. quoque proculdubi● B. August. verbu● Christianis Ecclesiae festi●itates in ocijs & nugis & luxurijs celebrantibus potest adaptari. Rob. Lincoln. in decalog. manned. 3. It were better for a man (in such manner) on the Sabbath to plough then to play, and to dig and delve then to dance all day. For the lighter the occasion of sinning is, where all other things are equal, the greater the sin is. Yea and those also that on other days wast that time this way, which they ought to spend either in their own private and personal devotions, or in instruction of their families and performance of holy duties with them, are not herein to be justified no more than the former: the one turneth it to sin as well as the other, in neglecting of that duty for the following of their own pleasure, that k Deut. 6.7. Ephes. 6.4. God himself hath enjoined them, and will one day require of them. So that the rule is here, that That time alone may be spent in play, which we have free from other, serious and religious, affairs. § 5. Thirdly, recreation must be used ingenuously, freely and liberally: l Sperne lucrum: versat mentes vesana libido. Pallad. Lusori cupido semper gravis exitus instat. Basil. schol. in catalect. not with any greedy desire of lucre and gain. For recreation is no trade or course of life, for a man to make a living of or to live by: As m Ludendo non ludere sed perdere. Cod. lib. 3. tit. 43. it is not playing, but spending when men wast themselves that way: so n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Alexander Mag. apud Pl●t. in apo●th. non ludere, sed illudere, quod ali● sensu de Canir Seneca sup. non ludere, sed latronem & prado●e● agere. Astesa●. in sum. lib. 5. tit. 30. it is not playing with, but preying upon those we seem to play with, when by such courses we pill them and make a spoil of them. It is to alter the very nature of the thing itself, to make a trade and a traffic of disport and pastime; to make not a lusorious, but a serious L●t of it; yea more than a serious, o Vt verè sortes essent, & fata tenta●entur: quod de Heliogabali sortibus Lamprid. See the example of him that hanged himself in Trinity Coll. Hall, where he had lost his money at game the night before, in Travers on Psal. 111. Ita hae nugae seria ducunt In mala.- Hor. art. a sad and an heavy Lot (as it oft falleth out) of that p Finis ludi debitus, non propter cupiditat●m, sed propter recreationem & socialitat●m. Astesan in sum. l● 5. tit. 30. §. 1. which should be merely for recreation and delight. Thou makest thyself both a Sinner, whosoever thou art, in so doing, by taking that from thy brother, that neither he ought to part with, nor thou to receive; and a Partner also with him in his sin, whereby he mispendeth, or hazardeth the misspending of that, which he ought otherwise to employ. But it is not lawful at all then, may some say, for a man to receive any gain, or live in any wise by Game? I answer in some kind, and in some case it may, and that either ordinarily or extraordinarily. Ordinarily those may be said to live lawfully by Game, whose trades & professions are employed in whole or in part in making, providing, selling, & uttering such instruments or other furniture as are used commonly in Game, as Bowyers, and Fletcher's, and Turner's, and Dice-caruers, and Card-makers, and Haberdashers of small wares: For if the games themselves be lawful, q Nimis ergo rigidi, qui peccati reos peragu●t omnes re●um e●usmodi aut mercatores aut artifices. Antonin. sum. pa●. 2. tit. 1. c. 23. §. 14. & alij. Cautiùs paulò aequiusque ex Gabr. Biel super 4. sent. Guil. Pepin. de confess. tract. 2 p. 3. c. 6. the callings are not unlawful whereby men are set on work to provide necessaries for the same, which could not otherwise so commonly, or so conveniently be had. Extraordinarily a man may sometime also by the Game itself receive gain; as thus: Suppose a man of good wealth either being evil at ease or otherwise desirous to recreate himself, calleth in a poor man from his trade or his work that he is otherwise employed in, to accompany him in his game, which he cannot use without company; it is not unlawful for the poor man so accompanying the rich, to receive some gain from him, as a reward of his employment with him, and in lieu of that loss, which he sustaineth by intermitting of his own work. But among equals, or others ordinarily, that play together for mutual recreation and delight, for the one to enrich, or to desire to enrich himself by the others damage and loss, r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ar●st. t. Ethic. Nicom. l. 4. c 1. it is a note of a base and an illiberal disposition, and against the nature of disport, which ought to be free. The Rule than is here, that s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. symp. probls. l. 7 c. 7. Neque enim ludus est, ubi census volnitur in tabula, & ludus fit de periculo, & de ludo periculum, ut Ambr. de Tob. c. 11. Play be used as play; for pleasure, not for profit; for game not for gain: and as no man therefore aught to waste his precious time or his estate thereat, and to buy his recreation at so dear a rate as were the expense and loss of either; so neither aught any man to seek or desire by play to increase or advance his estate, or to make a prey and a spoil of him that he playeth with. § 6. Fourthly recreation must be used inoffensively, or t Fennor recreate. rule gen. 2. without offence. For if u 1. Cor. 10.31, 32. in all things regard is to be had hereunto, then in recreation also among the rest: if * Ibid & Rom. 14.20. in eating and drinking matters of more and greater necessity, then much more in things lighter and of less weight, as being matter of mere delight only, which may otherways also well be had. Now the offence that may be given by game is either general or special; public or private; in regard of our superiors or in regard of our equals. Public offence may be given to the Laws and State we live under by common use of x Fennor of recheat. rule spec. 2. such Games as are by the Law made unlawful. y See Field of the Church, book 4. chap. 32, 33, 34. For howsoever it be true indeed that positive Laws, as they are such, do not simply bind the conscience, nor alter the nature of things lawful and indifferent in themselves; yet z Quamuis peccet quis transgrediendo l●ges humanas, tamen non ligant ●oscientiam: pat●t per simile de praeceptis medicorum, quae d●spicere quis non potest s●ne peccato, & tamen non ligant conscientiam. Gerson de vita spirit. lect. 4. cor●l. 5. may men by the breach of them become guilty of sin in God's sight, where they restrain for good and wholesome ends the use of things even indifferent, partly through contempt of supreme 1 Rom. 13.1.2. Tit. 2.1.1. Pet. 2.13, 14 authority enacting them; and partly also through hindrance of the public utility aimed at in them: which is either of them severally, (much more both of them jointly) sufficient to make a man stand guilty of sin against God. The like is to be said of those that live in such Churches where the use of some particular Games is held unlawful or inhibited; a 1. Cor. 11.16. & 14.33. Quod neque contra fidem, neque contra bonos mores iniungitur, in lifferenter est habendum, & pro corum inter quos vivitur, societate seruandum est. Aug. epist. 118. c. 2, Cum Roma● venio, ieiuno Sabbato; cum hîc sum, no● ieiuno: sic etiam tu, ad quam for●è Ecclesiam v●●eris, eius morem seruae, si cuiquam non vis esse scandalo, ne● quenquam tibi. Ambrose olim Augustino, qu●d & ipse pro coelesti oraculo suscepisse se ait ibid. Faciat quisque quod in ca Ecclesia in quam venit, inue●●rit. Aug. ibid. c. 5. Vise & cundem de d●ctr. Christ. l 3. c. 13. every one being bound b Contra rationem nemo sobrius contra Scripturas nemo Christianus, contra Ecclesiam nemo pacificus senserit. Aug. de Trin. l. 4 c. 6. Ego m●lim dic●re, secerit, vel, faciendum censuerit. for peace and quietness sake to conform himself in things indifferent to the Church he liveth in. As also of those that live under the ministry of such Pastors as are of a contrary judgement in this point: the Apostle requiring Christian men not to c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hebr. 13.17. obey them only, but to yield unto them that have the over sight of them, and that watch over them for their soul's safety; that is, not only to be ruled by them for necessary duties, and such as they shall be able to convince them of by the evidence of God's word; but to be over ruled also by them in matters of indifferency, when they shall deem somewhat unlawful that may well be forborn, though either the grounds of such judgement of theirs be insufficient, or their people be not thoroughly convinced of the same. Neither ought children or servants to take liberty to themselves for the use of such games, as their parents or masters under whose government they are, shall think good to restrain and to inhibit in their houses; where the Law both of d Ephes. 6.1, 5. Colos. 3.20, 22. God and man hath given them a power of command: the breach whereof therefore may cause guilt of sin even in God's sight. So that the rule here is, that Men be content to be restrained in matter of game for the ordinary use of it, by the Church and State they live in, by the Pastor they live under, or by the Master they serve with. Now as offence may be given publicly or generally to those, that we live under or among, so may offence be given also to those, that we converse with in private. For which cause therefore are these games to be forborn in some cases in regard of our brethren, that either making scruple and doubt of them, or being persuaded in judgement of the unlawfulness of them, may therethrough either offend with us, or be offended at us. For e Fennor of recreate rule gen. 4. & spec. 3. that is not indifferent, that is done with offence: since f 1. Cor. 10.32, 33. we ought not unnecessarily to give offence unto any; but g Rom. 15.1, 2. to seek to please others as well as ourselves, and that now and then even h 1. Cor. 10.33. with displeasing of ourselves; doing that therein for them, that i Rom. 15.3. Christ once did for us. And therefore, k Rom. 14 21. it is not good, saith the Apostle, to eat flesh or drink wine, or to do aught whereby thy brother may stumble, or be offended, or be weakened. And undoubtedly, if l R●m 14.20. it be evil for a man, when he eateth with offence; than it is no less evil to him, when he gameth with offence. Now in this kind we may offend two ways. First when we cause others to sin, and so to offend with us, not by partaking with us in sin, but by partaking with us in that, which though it be no sin in itself, yet m Rom. 14 22, 23 is it a sin unto them, because they hold it to be such. For n Rom. 14.14. to him that holdeth a thing to be unclean, to him it is unclean; and him therefore o 1. Cor. 8.7. it de●ileth in the doing of it or dealing with it. p 1. Cor. 8.9, 10, 11, 12. Whereas then by thy practice thou encouragest such an one to do the like to that thou dost, as is unresolved in the point, thou layest a stumbling block before him, who either q Leuit. 19.14. Deut 27.8. for dimness of sight discerneth it not, or r Heb. 12.12, 13. for weakness of limb avoideth it not, and so by occasion of thy default stumbleth and falleth. Secondly when we cause others to be offended at us, and to think evil of us, as being such as make no conscience of our courses; because we use that which they supposing to be sin, suppose withal that we cannot but see to be sin. For s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Clem. Alex. in pro●r●pt. it is the common guise of most men to think that every one should see presently what themselves once apprehend. To give offence therefore in this case in this kind, it is a wrong to ourselves, in causing others though injustly and undeservedly to think evil of us, and t Rom. 14.16. 1. Cor. 10.28, 29, 30. making our commodity and Christian liberty to be evil spoken of. A thing not to be lightly regarded of us, what other, our brethren especially shall think of, or speak by us: since u Eccl. 2.1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a good name is, as the holy Ghost saith, better than a good ointment; and * Proverb. 22.1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a good report desirable above riches and much treasure. Yea considering that x Qui●quid recipitur, recipitur ad modum recipientis. Receptiu●m nonrecipit per ●●dum imprimentis, sed per modum receptiuita●●. Scal. de sub●l. exerc. 16. §. 2. the efficacy of the agent consisteth much in the disposition of the patient: and that It is hard therefore, as a y D. Hall medit. 99 cent. 1. worthy Divine of ours well observeth, for a man ever to do good on others, unless he be reputed good himself: we have great cause even in this regard also to be wary and careful z Rom. 12.17. 2. Cor. 8.21 cavens & tibi à peccato, & illis à scandalo. Bernard. de tempor. serm. 74. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Clem. Alex. p●edag. lib. 3. c. 11. as well of keeping our credit good with men, as our conscience clear to God, 1 Opus est bona fama apud homines, bona conscientia apud Deum. August al●cubi. as well our name and fame unstained in regard of the one, as our hearts and hands untainted in regard of the other. Otherwise, 2 Conscientia necessaria est tibi, fama proximo: qui fidens conscientia suae fama● negligit, crudelis est. Aug. ad fratr. in erem. serm. 52. if relying wholly upon the one we grow careless of the other, we shall in so doing deal, not only cruelly and uncharitably as concerning our brethren, but unwisely also and inconsiderately as concerning ourselves. It is a wrong therefore to thyself, in that a Rom. 14.16. thou causest thyself to be evil thought of without cause: it is a wrong to thy brother, in that b Rom. 14.10. thou givest him occasion to offend in misjudging of thee. It is a sin c Rom. 14.13, 14, 15. against charity; for it is a breach of charity to do that needlessly that may vex thy weak brother's mind; d Rom. 14.17, 18, 19 against peace and concord, giving occasion of vain and needless disagreement; yea even against piety too; for e 1. Cor. 8.11. in offending thy weak brother thou sinnest against Christ; in occasioning him to stumble and fall, (so much as in thee lieth) f Rom. 14.15, 20. 1. Cor. 8.12. thou destroyest him that Christ died for. And therefore where thou findest that thy liberty doth or may in likelihood offend, there g Rom. 14.16. 1. Cor. 10.29. for thine own sake, for h R●m 14▪ 13, 15. thy brother's sake, for i Rom. 14.1. 1. Cor. 8.7. his weakness sake, for k Rom. 14.15, 18. Christ thy saviours sake forbear: l Rom. 14.22. hold thy faith within thyself; keep thy knowledge to thyself; and say with m 1. Cor. 8.13. the Apostle, If cards or tables offend my brother, I will never play at them while the world standeth, that I may not offend him. The rule here is in a word, that It is not lawful to play needlessly before or with those that hold such games unlawful, and who it is likely will in that regard take occasion of offence at it. § 7. Fiftly our recreations are to be used prudently and providently in regard of ourselves, as well as inoffensively in regard of others: it being a point of spiritual wisdom therefore, to forbear the use of such games either in whole or in part, as either may be, or we have found to be, occasions of sin to us. For as n 1. Cor. 10.23. the former made them inconvenient, so o 1. Cor. 6.12. this maketh them unexpedient, when they may, and so far forth as they may, endanger us by sin. In part they are to be forborn in some cases, when not the game itself, but the manner of it (which yet may be reform by us) occasioneth the evil. Where cometh to be condemned again that eagerness in game, that we spoke of before, that playing for great sums, not in regard of itself alone, and the loss that it bringeth with it; but further also in regard of those p Substantijs perditis in blasphemias erumpant. C. l. 3. tit. 43. grievous abuses and enormities that it usually occasioneth men to break forth into. For let men say what they will, that it is all one to them whether they win or lose, (as q B. King on jon. lect. 9 a reverend Prelate of ours yet living, whose words I oft willingly use in this argument, well saith,) in such profusion of substance, as the loss cannot but pinch, so men's passions cannot but be moved, and a troup of wretched sins commonly ensueth, swearing, for swearing, cursing, banning, defying, heartburning, quarreling, fight, spilling of blood, unsupportable sorrows of heart, cursed despair, selfe-executions, weeds able to blemish and disgrace the lawfullest recreation that is▪ wheresoever they be found, as * Diripi●n●que dapes, contactuque omnia ●oedant Immundo. Virg. Aen. lib. 3. the Harpies defiled the cleanest meats. Again in some cases these games are in this regard wholly to be forborn. For where a man shall find his own disposition to be such as he cannot use them at all ordinarily without much distemper, that he cannot contain himself when the cards or dice go against him, but that he is ready to break out into profane and bad language; or that he cannot endure to be beaten at play without wrath and vexation and disquiet of mind; or though he can at sometime with somewhat ado suppress his unruly passions and perturbations in this kind, yet that ordinarily and usually he is overtaken on these occasions, and in danger therefore to be ensnared and entangled that way; there it is best for a man r In dubijs semitam debemus eligere tutiorem. Clens. 3. decretal. l. 5. tit. 12. c. 11. In ambiguis via tutior eligenda. Gersonin reg. m●r. to take the safer side, and as s job 30.1. job made a covenant with his eyes, so to make a covenant with his hands not to handle cards or dice, which the rule of inexpediency here striketh out of his hands. Yea by the former rule for a man to join in play with those whom he knoweth to be such is no less evil unto him, than it were to use it in the like case himself. The rule then here is that we use not these games unless we can rest quiet and content with the event of them: and again, if we can, that we do so use them, that we may not be tempted to disquiet and discontent thereupon. Agreeable whereunto are those golden rules of our gracious Sovereign concerning play to his son; t jacob. Rex 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib. 3. First ere ye play, consider ye do it only for your recreation, and resolve to hazard the loss of all that ye play; and next, for that cause play no more than you care to cast among Pages: otherwise if you cannot keep these rules, my counsel is that all-utterly ye abstain from these plays: for neither a mad passion for loss, nor falsehood used for desire of gain can be called play; § 8. Sixtly and lastly these recreations are to be used reverently and religiously, that is, with such due reverence and regard of God's majesty, and of his presence and providence, as the nature of the business that we are about doth either exact or admit. For Christian men are to do all things whatsoever u 1 Cor. 10 31. to the glory of God, and * Colos. 3.17. in the name of Christ jesus, x Ephes. 5.20. 1. Thes. 5.18. with thanksgiving unto God: and all their actions are to be y 1. Tim. 4.4, 5. sanctified unto them by the word and by prayer. Now this Caveat excludeth two extremes, profaneness and presumptuousness. First profaneness, that we behave not ourselves in play profanely and ungodly: that we so play, that we shut not God out at doors; so play that we z Fr. Marbury on Psal. 32. make not the Devil our playfellow: Remembering that 1 Psal. 119. 1●8. we play in God's presence, as well as pray in God's presence; and that there is a providence of God watching over us as well while we play, as while we sleep; yea that 2 Zech. 3.10 & 8.5, 10, 11, 12. by his goodness we have freedom and liberty as well for our sports and pleasures and lawful delights, as for other our sager and more serious affairs: which are therefore as well the one as the other to be used with acknowledgement of God's mercy and goodness, and of his gracious providence, whereby we enjoy them, with freedom and liberty for them, not to the dishonour of him, from whom we have the free use of them. Secondly it excludeth presumptuousness; that howsoever we have an eye unto and take notice of God's providence thus in general, yet we take heed how we attempt to draw down or call in his immediate providence or special presence in play to stickle between us and those we play with. a B. King on jon. lect. 9 As that we be not so gross (to use again the words of that worthy Prelate) on the one side as to make Fortune our Goddess, as assigning good or evil luck unto her; so that we be not so saucy on the other side, as to call God's majesty from heaven (to guide our game, or to further our play, or) to determine our doubts: for we look not so high in such frivolous and gamesome quarrels, but as we carelessly undertake them, so we follow them as lightly, and end them as merrily. And therefore to say, as some use, in play; God send me such a card, or such a chance of the Dice, or, I pray God I may win this or that game, is too saucy and malapert behaviour for any. But, will some say, may not a man lawfully pray for whatsoever he may wish or desire? or b 1. Tim 4.4, 5. are not all our actions to be sanctified by prayer? as was formerly said. I answer: True it is that every action of a Christian man is to be sanctified by prayer either general or special, but not every action with every sort and manner of petition or prayer. A man may pray for his recreations, that he may carry himself c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. soberly and without offence in them, and that even by them he may be the better fitted for better things: and such prayer is sufficient to sanctify them to him conceived either in general or in special, as he findeth and feeleth his heart affected, and as occasions and circumstances either admit or require it. This then in game ought to be a man's general desire, which he may also by prayer lawfully impart to God, if he please. Beside which other again more particular desires a man may have also in game, as to win rather than to lose, to overcome rather than to be conquered; neither are such desires evil, so they be moderate; (for they are idle and frivolous, yea dangerous where they grow excessive and immoderate, being other than befitteth the nature of that which they concern) yet are they not such as it is seemly to acquaint God withal. For the better conceiving whereof consider we thus much: that d To desire is not to pray, but showeth what we approve. H Smith in Pilgrims wish. every desire is not by and by a prayer; albeit every prayer ordinarily import some desire; neither is every lawful desire a fit matter for prayer. For prayer is a wish or desire of the heart directed unto God. But many things we desire and may lawfully desire, which yet are not matters of that moment as may be fit to acquaint God in particular with our desire of them, or to direct our petitions in special manner to him for them; much less to expect or require at God's hand any special work or help of his for the effecting of them. And of this kind are those latter sort of desires; of which to say therefore in game, I pray God I may win, or, I would to God I might have such a card, or such a cast, is too too much presumptuousness, and will not well stand with that reverent respect that each one of us oweth to God's majesty. The rule than is here, that as we exclude not God's presence inplay; so we call not in his providence to further our play. It is one thing to play before the Prince and in his presence, an other thing e easily histor. of Gospel. to call him in to stickle between us at some question about a measuring cast: So it is one thing to play as before God and in his presence; and another thing it is to make God our playfellow, or to call him in to help and further our game, that which a Christian man may not do. § 9 And these be the Cautions that I have thought good to propound for the limiting and rectifying of the use of these games: Which cautions, I confess, the most of them are such, as concern game in general, ( f Non minus otij quam negotij● tio●em ext●re op●rtere. Cato orig. l. 1. Cic. pro Planc. & ad Attic. l. 1. epist. 2●. Colum de re rust. l. 2. c. 22. Symmach. l 11. ep. 1. & Sidon. l. 5. ep. 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Arist. polit. l. 8. c 3. contra quem Galba quò ● nemo ra●ionem otij sui reddere cogeretur. Suet. Galb. c 9 of which as well as of more serious and sad matters either civil or sacred, account also must be given unto God) and in that regard are not so proper and peculiar to this particular kind of Lot. Yet I supposed it not amiss to point at them, and in some sort also to press them: partly that I might not be taxed and censured as a Pleader for sin and such abuses as are common as well in these game as in other, by means whereof those that condemn all Lots used in game simply are wont to take occasion to make them in general more odious: and partly also that no profane person that abuseth any of these or other the like games, might be able to take any colour of advantage by aught that hath been spoken of the lawfulness of the games themselves in themselves simply considered, to justify his own abuse of them in misspending his time, or wasting his estate at them, or otherwise inconsiderately and irreligiously abusing them: which it may be some would have done, had I been silent in this part, and propounded such Cautions only as the nature of the Lot itself might seem to require. Yea but, will some say, had it not been much better to have passed over all this with silence, knowing your judgement in this point to be such as differeth from divers very reverend and religious? Or is it not in this case, as g Vt facilius est, ita tu●ius qucque omnes imagines è templis submovere, quam impetrare, ut nec modus praeterea● ur, n●c superstiti● admisceatur. Eras. in cataches. Non uti, quam non abuti facilius. Tertull. de coron. one sometime said of Images, an easier matter wholly to take away the use of them, then to keep them free from abuse? Hereunto I answer: First, these abuses are common to all kind of game: they accompany other games as well as these in those that be evil minded and profanely disposed. And the like therefore in that regard may be said either of all other games, or of any other particular game, at least in ordinary use. Secondly, it is true indeed, that where the use and the abuse of a thing are so enwrapped and entangled together, that they cannot be easily severed the one from the other, there the use of the thing itself, if it be unnecessary otherwise, would wholly be abandoned. But in these games the use and the abuse may, for the most part, (some special dispositions only excepted,) by those that desire to walk in the fear of God, easily be severed. For as for those that make no conscience of their courses, they will not be dissuaded from them, though it be never so evidently discovered unto them in what manner they abuse them, and by their abuse of them make that evil and unlawful to themselves, that otherwise were not such in itself. And for those that fear God, they may with ease as well rectify and sanctify these lusorious Lots to themselves, as they may any other games of the like use, and as easily sever them from such abuses as are commonly committed in them, as they may other disports, as draughts, and bowls and the like, that are commonly used and generally allowed. Thirdly, though many godly dissent, yet, I am sure, many, and, I suppose, more by many, both reverend and religious concur. And the truth is needful to be known, especially concerning matters in common practice, that men may have whereby to inform themselves aright. And lastly, though the minds and judgements of others were not known; yet were not a truth to be concealed, because some few godly have denied or opposed it, and none publicly by writing have contradicted them in it, especially being a point, very needful to be known. § 10. For myself, I was at first the rather induced to deliver my judgement in the point the more largely (having entered into this discourse of Lots in general by pursuit of h jon. chap. 1. that Scripture that then I dealt with, though far then from any purpose to publish aught of this argument) upon these considerations. First I considered that i Vise joan. Mi●er in consolat. t●mor. conscient. part. 3. c. 1. & I●an. de Tamba●o consolat. Theolog. l. 14. ●. 5. there is a fault as well in straightening as in widening of God's way; and a subtlety of Satan as well in the one as in the other. For * Ambulandun est in virtutum doctrina via regia, ut ne● strictius fiat Dei mandatum nec latius quam ipse mandaverit: quamuis inde p●ssint aliqui aut libertatem mal●tiae velamen sumere, aut è contra in despera●tonem corruere. Gerson in regul moral. & joan. Nid●r. cons●lat. timor. conscient. part. 3. c. 20. in the one he doth as a juggler that by putting a pair of false spectacles on a man's nose maketh the bridge seem broader than indeed it is, that he is to go over, that so he may without fear step aside and fall in; and so he dealeth with the dissolute: In the other he doth as a Magician that showeth a man the bridge that he is to pass, through a false glass of an other kind, that representeth it as narrow as the edge of a rapier or the point of a needle, that so he may terrify him from attempting to go over it; and thus dealeth he with those that be over-timerous and full of scruple. And that it is not good therefore by possessing of men's minds with unnecessary scruples, either to discourage those that be coming on to some love and liking of the good ways of God, or k 1. Cor. 735. to cast those that are already come on into snares of men's knitting, l Valdè periculosum est arctiores laqueos induere cōs●●entijs, quam quibus verbo Domini stringantur. Calvin. in●●ie l. 3. c. 10 § 1. tying them in stricter and streiter bonds than God himself hath done, and making more things unlawful than the word of God hath made. Yea that it is in truth a spice and a branch of m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Timor Det inanis. Cic. de nat. Deor. l. 1. superstition, as well for a man to suspect that those things displease God▪ which indeed do not, as for a man to suppose that the creature can do that which indeed it cannot do. Secondly, I considered that many (as I am verily persuaded) truly fearing God, and sincerely religious, have used and do commonly use these games; and beside, that many well affected are and have been constrained in regard of scruple in this kind, to strain themselves to some inconveniences by the refusal of them, when by those whom they have had dependence upon, or familiarity withal, they have been urged occasionally thereunto. It seemed fit and needful therefore to be known, what ground and warrant both the one had, and the other might have for the use of them; which were I not upon due and diligent discussion, and that not of late only, undoubtedly persuaded to be sound and firm, far should it have been from me ever to have opened my mouth in this Argument. Thirdly, I considered that the Arguments and Grounds whereupon these Games are condemned, have made many stagger in the necessary use of serious civil Lots, which by occasion of bargains bought in common between them and others, they are enforced oft to use, but have doubted whether they might lawfully give consent unto or no. That which was indeed the first occasion of my searching and sifting out more narrowly the nature of Lots in general. And certain it is, admit we the principal arguments used against this kind of L●ts for good, and we utterly overthrow all kind of L●ts whatsoever. Fourthly, I considered the great offence and scandal that is taken by divers of contrary judgement against those that use these games, though never so soberly and seasonably, as they suppose, on good ground: a means oft of much heartburning and of breach of Christian affection, yea of n S●nsis●epe d●lens & gemens mulias infirmorum perturbationes fi●ri per quorundam fratrum contentiosam obstinationem & superstitiosam timilitatem, qui in re●us huinsmodi, que neque Scripturae sanctae autoritate, neque universalis Ecclesiae traditione, neque vi●●● corrigendae utilitate, ad certum possunt terminum pervenire, 〈◊〉 quiae su●●st qualiscunque ratiocinatio cogi●antis, aut quia insua p●ria sicipse consue●it, aut quia ibi visit, ubi pere grinationem svam quo remotiorem à suis, ●ò doctiores factam putat, tam litigiosas excitant quaesti●nes, ut nisi quod ipsi faciunt, nibil rectum existiment. August. epist. 118. cap. 2. peremptory, uncharitable and unchristian censuring either other: Such being commonly our corruption, and the natural disposition of the most, that diversity of judgement, especially manifested by practice, breedeth alienation of affection, though indeed o Mineat inter sententia discordes beneu●l●ntiae ●oncordia. Erasm. ad Euangelic●s. Nam Non ealem sentire bonis de reb● eisaen, jucolumilicuit semp raemici●ia, ut ex ●●●aeo K●pler. de stell. non. & aly. Addo etiam quod Quintilianus habet, Et judicium animi 〈◊〉 damnum affectus proffer. it ought not so to do. Considering therefore that these games can hardly be wholly removed, being so common, so general, so usual with the most every where, I supposed it would not be unfit to assay, if by discovery of the ground of them, such scandal and offence might be stayed, and Christian concord and amity in part procured and maintained between such as were before diversly minded in this matter; so many of them at least as might hear and apprehend the force and weight of the former Arguments, and be brought to see the invalidity and insufficiency of their own grounds against them. Wherein what I have done (mine endeavour hath been to do it) let the judicious and unpartial whosoever, be judges. To draw to a conclusion, I could wish in this case, as p Act. 26.29. 1. Cor. 7.7. the Apostle doth in some other cases, that every one were affected in this point as q Non mea magnanimo depugnat tessera talo: Senio nec n●strum cum cane quassat ehur. Hac mihi charta ●uces, ha● esi mihi charta fritillus. Martial. lib. 13. epigr. 1. Et quod Plin. epist. 6. lib. 9 de Circe●sibus; Capio aliquam voluptatem quòd hac v●luptate non capiar. myself: to wit, that albeit in judgement they be rightly informed of the truth concerning the lawfulness of these games in themselves, yet that in godly discretion (which I wish yet * Equidem ni●il tale habeo; ●abentes tamin fero. Plin. epist. 17. l 9 de morionibus. without prejudice to any that use them as they ought) they would rather abandon them and forbear the use of them; considering the too▪ too common and ordinary abuse of them, and that many, it may be, among whom they live, may remain unresolved and unsatisfied concerning the lawfulness of them. But because r Optandum magi● quam sperandum. this is rather matter of wish then of hope, my second suit shall be the same with that which the Apostle maketh in the like case, to either side; s Rom. 14 3. Let not him that playeth, contemn him that playeth not; nor let him that playeth not, condemn him that playeth. For, t Rom. 14.10. Why contemnest thou thy brother? may I well say to the one: and, Why condemnest thou thy brother? may I as well say to the other. Why contemnest thou thy brother as too strict and straitlaced for forbearing of that thing, which he maketh scruple and doubt of, and hath no necessity to do? and * Mihi v●nari ne● vacat, nec libet. Plin. epist. 16. lib. 9 Neutri nostrum moriones arrident. Se●● eye ego & tu capimur & ducimur, quae multos parti● ut inepta, parting ut m●lestissima offend●nt D●mus igitur alienis oblectationibus veniam, ut nostris impetremus. Ibid. 17. why on the other side condemnest thou thy brother as too dissolute and loose girt, for the doing of that, which he hath sufficient ground and warrant for out of God's word? And to both sides say I, (and would to God I might with both sides prevail not for this alone, but for all other controversies afoot among us at this present) u Rom. 14.19. Let us follow those things that may further peace; and x Ephes. 4.15. veritatem in charitate sectemur. Seek after the truth either of us in love: ready to yield with y Act. 18.26. Apollo's to any, be he never so mean, that being otherwise minded than we are, shall be able more thoroughly to instruct us in aught that we were not so fully informed of before. CHAP. X. Of Extraordinary or Divinatory Lots. § 1. HItherto have we considered of the former sort of Lots, which we term Ordinary, be they serious or lusorious, because the use of them requireth but an ordinary power only, for the effecting of that whereunto they are employed; which we have showed to be lawful, if they be lawfully used. We are now to consider of the latter sort of them, which we term Extraordinary, and are by most Divines commonly called a Sors divinatoria Thom. & alij, generalius quam nonnulli, qui divinam à divinatoria distinguunt, ut Peucer. & Krakevits. Divinatory Lots. Extraordinary Lots therefore are such as require an extraordinary power and providence, for the disposing and directing of them or the event of them, in regard of those things whereunto they are applied. Because it is not in the power of those that use them, or in the nature of the Lot itself simply considered, to effect that thereby necessarily, whereunto it is employed. And herein consisteth the main difference between these Lots and the former, (which being not considered hath bred much confusion, and occasioned such diversity of opinion among Authors in this argument) that in the former Lots there is nothing necessarily required, but what is in the natural power of the creatures using them and used in them to effect; it being in the natural power of the one to fall this or that way, and of the other upon mutual consent thereby to determine of such matters as are in their power: whereas in these latter Lots, which we come now to consider of, it is not at all in the natural power either of the persons using them or of the creatures used in them, to effect necessarily that whereunto they are used; but some other secret work, either divine or diabolical, is of necessity thereunto required. And these are those that are most commonly termed Divinatorie Lots; under which head may we well comprehend also those that they call b Consultorias huc partim refert Lavat in Prou 16 & consultorias has appellat Thom. de sort. c. 2. consultory; being used, as the former for division and distribution, so these for divination, and consultation by way of divination: the former were mere dividing or deciding, these are also divining Lots; those merely civil, these either sacrilegious or sacred. § 2. Now these Lots Extraordinary are used for two ends; either for the discovery of some hidden matter past, or present; or for the presaging and foretelling of some future event. Of either sort we have Examples great, and more than good, store, both in holy writ, and in profane Writers, beside the daily practice of many as well among us as elsewhere. In holy writ we find that they have sometime been used for the discovery of some hidden truth in things present or past, and that either in matter of distribution, or of retribution; of office or of justice. In the former case they have been used to discover and make known, whom God deemeth fittest, or hath secretly fore-assigned to some place or estate. And herein is the difference between the former used ordinarily in election of officers and disposition of offices, and the use of those in these cases that now we entreat of; that in the former it being in the power of the parties choosing to choose where they list and like best, they agree to make their election by Lot, and there is nothing else required of the Lot, but to light upon any one of those that are by them propounded; whereas as in these latter it is not wholly in their power, but either there is required the further consent of some other whose goodwill they are uncertain of and seek to know it by Lot, or the choice is to be made by God's special appointment, whose secret will and purpose they desire by this means to discover. Examples we have in Scripture of Lots used on this manner in matter of Marriage, and of Magistracy, or of Office as well civil as sacred. In matter of Marriage it is somewhat of the nature of a Lot that Eliezer Abraham's servant used, when c Genes. 24.12, 13, 14, 15. he desired of God, what time he was sent to fetch a wife for his young-master and stood by the well-side, that if of the Maidens that came thither to draw, she of whom he should request to drink of her pitcher, should make him offer to water his Camels also, she might thereby be known to be the party that God had appointed to be his Master's sons wife: which d Ibid. vers. 17, 18, 19 falling out afterward with one of them accordingly, e Ibid. vers. 42, 〈◊〉 48. he useth it as an argument to persuade her parents that God had so appointed it; who being also thereby persuaded do likewise f Ibid. vers. 50. rest thereupon and condescend thereunto. For as for josephus his idle conceits g joseph. antiquit. Iud. l. 1. c. 16. that Eliezer should desire by prayer that Rebekka, whom his Master and he had made choice of before, if God approved that their choice, might be one of those wenches that came to draw water, and might hereby be known which of them she were, many coming together, by giving him drink when the rest should deny it him; and that accordingly when they refused all but she to let him drink, excusing themselves that they drew it for other necessary uses, and that it was not easy to draw, she should thereupon rebuke the rest of them for their uncourteous demeanour, and offer herself kindly to fulfil his request; they are but mere surmises and fancies, having no ground in, nor well agreeing with the story, as h Literae non consonat Gen. 24.15. Lyra & Martyr ibid. others also have well observed. Those also of the i Differt auguratio à ●igni pe●●ions etc. Aug. in Gen. quaest. 63. Eu●●er. in Gen. l. 2. c. 40. Lyra in Gen. c. 24. & latissimè ●mnium Musculus ibid. ancients that would distinguish this from the usual manner of divination, spend much pains to small purpose: for it is apparent that it is used as a divinatory sign for the manifestation of God's mind concerning his hidden purpose and pleasure, as also concerning the issue and success of that journey and the business for which it was undertaken, and is of itself no more warrantable than those courses that they compare with it. Neither is that sound that k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Chrysost. in Gen. homil. 48 Vul● delectu vx●ē cognoscere. signis datur h●spitalitatis. Martyr in Gen. c. 24. Et id●m f●rè Zuingl Sed & O●e●st. ibid. some others have conceited of this example; as if his meaning and purpose had been to pray unto God, that such a Maiden among them that came to draw water, as should by her behaviour in that particular show herself to be of a free, courteous and ingenuous disposition, might be the wife that God had appointed for his young-master Isaak. And so it should not b● either a Lot, or a sign so much of God's designment, as of the Maids inward disposition arguing one meet for such a match. Now there is great odds indeed between these two, for one to pray that the party, that by such an answer shall show herself to be thus or thus disposed, may be wife to such an one; and to pray that that party that God in his providence hath appointed to be such an one's wife, may be certainly known and distinguished by such a casual sign from all others: as I have heard of one that having cast his wandering affection in that kind on a woman, would needs propound this as a sign to himself, that if at Church ask to see her book she should point him withal to the Preachers text, she should be the woman that God had assigned to be his wife. In the former there is no Lot, nor divination at all, to speak properly; but an human and moral conjecture by outward behaviour of inward disposition, and a desire of matching with such an one, if God see it so good. In the other there is a sign set in nature of a Lot, to discover what lieth hid in Gods secret counsel; and that by such a course as of itself hath no kind of congruity in nature with the thing to be discovered. Eliezers act is rather of the latter kind then of the former, not justifiable unless it were done, upon special instinct, known to the conceiver of such prayer, for the use of such a sign in such sort. § 3. Again thus have Lots been used as in matter of Marriage, so in matter of Magistracy and government, for distribution of offices as well civil as sacred. First civil: and so Saul was by Lot chosen King. Which Lot was not merely divisory, used barely to determine who should govern God's people, but divinatory rather, used to discover whom God had secretly appointed and set apart for that place as then fittest for the same. The business was thus carried. l 1. Sam. 10.17, to 22. Samuel that had the chief hand in the ordering of it, caused the people sorted into their several Tribes to appear before the Lord ( m Coram arca & sacerdote s●mmo. jun. that is, before the Ark of God, and the High-preist, say some) at Mispa n Per duces singularum faemiliarum. Id●m ex I●sh. 7.14. by the chief heads of their houses: then o Preces praemissas. Idem ●x verse. 22. cum rogarent jehovamiteram. upon prayer conceived and Lots drawn or cast, the Tribe of Benjamin was taken: and of that Tribe appearing in the heads of her houses, by a second Lot the house of Matri: and the several persons of that Family being put all upon a third lottery, Saul the son of Kish was taken, and p cum ipse Demino revelante regem cognoverat, praecipiente in regem unxerat, cur adhuc eligendus p●r tribus & familias quaeritur? sed inventus rex à solo propheta erat: inventus ergò quaeritur, ut non inventus à populo inveniatur. Sorte etiam quaeritur, ut cum quem propheta eligeret, dispensatione divina provisum populus dubitare non posset. Greg. M. in 1. Reg. l. 4. & Theodoret. in 1. Reg. q. 25. thereby manifested to be the man whom God made choice of to be the Ruler of his people; as he had before signified q In aurem revelavit Sam. 1. Sam. 9.15, 16, 17. secretly so much unto Samuel, and r 1. Sam. 9 10. Samuel had likewise afterward imparted to Saul, and had thereunto solemnly, though privily and privately, s 1. Sam. 10.1. by a visible sign with t Psal 89.20. sacred oil sanctified and set him apart to that office; as after he did u 1. Sam. 16.13. David also on the like occasion and in the like case. Secondly sacred Offices of employment have been disposed also by Lot. For so was Mathias set apart to succeed judas in his Apostles place. 1 Act. 1.23, 24, 26. They (that is, 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. C●rysost. in Act. hom. 3. the whole assembly) presented two, saith the text: and a solemn prayer first conceived, that God x Act. 15.8. 1. Reg. 8.39 who knoweth all men's hearts, would vouchsafe to show whether of the twain he had appointed to that place, they gave out their Lots; and the Lot lighted on Mathias, who was by common consent thereupon reckoned one of the twelve. A course reported y Circuibat Icann●s Apost. ab exilio reversus, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Clem. Alex. apud Euseb. ●ist. Ecc●es. lib. 3. cap. 2●. by some, ( 3 Potest enim 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 intelligi de designatione qualicunque; quo modo de Timoth. & Tito usurpavit i●em hist. l. 3. c. 4 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 officium ipsum significare, prout Act. 1.17, 25. if their words be not mistaken) and assented to z Vise Bilson de perpet. Eccles. gubern. c. 7. by others, to have been used for some time afterward by the Apostles in the like cases for the supply of the ministry; but with little show of probability; the holy Story of those times reporting things rather a Act 16.2, 3. & 14.23. & 6.5, 6. Post Matthiam electum nullus vuquam postea fuit in electionibus Ecclesiasticus sortium usus. Serar. in josh. tom. 2. c. 7. q. 20. otherwise. For as for that conceit that some of the ancients have, that the Apostles should use lottery at the choice of Mathias b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Chrysost. in Act. homil. 3. quia Spiritus plenitudo nondum erat effusa. Beda in Act. 1. Sed & Theophyl. in jon. 1. Post spiritum enim acceptum electione non sort ordinant. Act 6.3.5. Beda & Theophyl. ibid. for want of God's Spirit, which they were not yet so baptized withal as after c Act. 1.5 & 2.4. at Pentecost they were; (that which the former report crosseth recording a later use of it, as one falsehood commonly breaketh the neck of an other;) As also that which some others have, that d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dionys. Hierarc. Eccles. c. 5. i. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Georg. Pachym. par & Maxim. schol. meminit eiusdem, & Chrysost. in Act. hom. 3. & Theophyl. in jon. 1. sed aliò inclinant. they should not use any Lots at all, but make suit only to God by some visible sign, e Raedius luminis aut tale quiddam. Tutrian. ad Clem. constit. l. 8. c. 5. a streak of light or some such like to make known his own choice; are the one without all ground of Scripture, and the other against the express f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Act. 1.26. etiamsi Max. in quibusdam ait ●igi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quod vulga●a expressit, Et dederunt sorts eyes. terms in the text. Neither is their judgement herein sound that g Quiaministrorun el●c●io ab uno Deo pendet, & ad illum referri debet. Ecclesia Dei domus est: quis in aliena domo famulum vel vilissimum instituat? In ministris animi ratio habenda est: at quis hominum de animo alterius iudicarit? Deus fuco nullo falli potest; nulli ergo tutius quam illius judicio causa haec tota committitur. Gualt. in Act. 1. Vise quae ille latius ibid. & quod ex Platone superiùs adduximus cap. 4. §. 5. in sine. propound their practice for a precedent to be ordinarily imitated; no more than h De quibus suprà cap. 5. §. 2 caut. 7. theirs that exclude all lottery from Ecclesiastical elections. The example was i Non exempl. Matthiae vel quod jonae accidit, indifferenter sortibus credendum est, cum privilegia singulorum communem legem non faciant. Hieron. in jon. c. 1. & Beda in Act. c. 1. & Alex Alice sum. par. 2. q. 185. m 2. extraordinary, done no doubt k Quod Mathias sort electus est, divina inspiratione factum est. Panorm. ad decretal. l. 5. t. 21. c 3 Non sine peculiari Spiritus Sancti instinctu usurpata sors consultoria. Malder. de superstit. cap. 7. àub. 9 by special instinct and direction of God's Spirit; and the Lot itself not merely divisory, but manifestly divinatory, l Sorte jonas deprehenditur: sort Matth. celsi●udine Apostolica dignus indicatur. Greg. M. in 1. Reg. l. 5. discovering Gods secret counsel and choice in that business, as by m Act. 1.24. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Chrysost. in Act. hom. 3. & Theophyl. in Act. Vise & Irenaeum l. 3. c. 12. the prayer conceived before it, plainly appeareth. appeareth 4. And thus have Lot's divinatory been used in matter of distribution, and of office: now there hath been likewise further use of them for matter of retribution, and of justice, in question of offence: and that either where the offence is either altogether uncertain whether there have been any committed or no; or where the offence is certain in general, that there hath been some committed, but it is not known in particular either who the Offender or what the offence is; or lastly where the offence is known in particular what it is, but the Offender is not. So that the Lot hath in these cases been used to discover sometime whether there were any offence done or not; sometime who were the Offenders, and so what the offence was; sometime who were the Offenders in such an offence as was known to have been committed before. Sometime a Lot hath been used where it was wholly uncertain whether any offence had been committed or no, where both offence, Offenders, and party offended have been altogether uncertain. Thus when there was n 1. San. 5.6, 9, 12. a plague upon the Philistines, but they knew not well either from whence or for what it came, o 1 San. 6.7, to 13. they were advised by their Wizards, to send away the Ark of the God of ISRAEL p 1. Sam. 4.11. taken before in fight by them, in a Cart drawn by two new-milch Kine that had calves, which if they drew it toward Bethshemesh, they might thereby know, that it was the GOD of ISRAEL that had plagued them; if any other way, that it was then but some chance that befell them. Which course being accordingly put unto trial, the Kine drew the Cart directly unto Beth-shemesh; and thereby discovered unto them both their offence, and the party offended with them, the Author of the evil that had lately befallen them. Which practice of theirs though I dare not say as some do, that it was undertaken of them q Non fint Dei instinctu hoc sibi s●gnum constituunt. Martyr in 1. Sam. c. 6. by divine instinct, much less by any such instinct that themselves were aware of, (for both these must concur to make such an act as that warrantable to any) it seeming rather to have risen from their wont magical superstitions; yet was it no doubt accompanied with a special providence of God, as r Vise quae Chrys. hac dere ad Tit. hemil. 3. & Martyr latissimè in 1. San. 6. the same Authors with others have well observed, thereby convincing them as it were by their own evidences, and by their wicked courses gaining glory to himself. § 5. Sometime again a Lot hath been used, where the offence in general hath been certain, but the particular of it uncertain, for the finding out of the Offender, that by his confession upon his apprehension the offence also might come to light. Thus was jonathan discovered, having s 1. Sam 14 ●7. tasted of the honey, that they met with in the wood, when his father Saul had t 1. Sam 14 24. accursed all that eat aught till even, because he would not have his people hindered from pursuit of the adversary whom they had then in chase. u 1. San. 14.36, 37. Saul ask advice of God whether he should follow them by night or no, God giveth him no answer. He concludeth hereupon that God was offended, but he knoweth not how, nor by whom. To find it out * 1. Sam. 14.38, to 45. he casteth Lots between himself and his on the one side, and the people on the other side: and having entreated God to x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vers. 41. damn perfectionen●, i. sortem veram. Vatab- fac sortem venire pro veritate rei. Chald. give a right or a perfect Lot, (though y Cedo integram, i. declara quis sit ina●xius. Euphe●ismus hypocritis familiaris: qualis 1. R●g. 21.10 qu●̄ tamen Deus reverâ praeslat, innocentem designando. jun in not. some expound his words otherwise) he and his are at first taken, the people passed by: and upon a second casting between himself and his son, the Lot lighteth on his son jonathan, who thereupon confesseth his offence in tasting of the honey with the tip of his staff, against his father's charge in that behalf, at that time to him unknown. Which Lot though z Quòd Abulensis Saviem ait ex Spiritus Sa●cti instinctu sortem misisse, n●c suspicabitē habet probationem, ne● ullam meretur fidem. Malder. de superstit. c. 7. dub. 9 used without warrant (as the ¹ prayer was made without faith) yet was guided by God in special manner, thereby a Temere iactae, à Deo tamen sunt temperatae ad temeritatem illam puniendam. Malder. ibid. to punish Saul deservedly for his unadvised act, and to show what snares men enwrap themselves in, as in b judic. 11.35. jephta by inconsiderate vows, so, c Vise quae latiffimè chry sost. ad pep. Antony's homil. 14. in Saul by idle, rash and unnecessary Oaths. d Sorte jonas deprehenditur. Greg. ●d. in 1. R●g. l. 5. Thus was jonas also discovered. e jon. 1.4. The ship being on a sudden in strange danger and distress, they presumed that it was God's hand upon them for somewhat amiss with them; but for what sin or whose they were not able to guess, till that f jon. 17. Lots being cast by them, and the Lot lighting upon jonas, both the Offender, and his offence committed, in flying from God, when he should have gone an other way on his errand, being g jon 1.10. by him thereupon confessed, were both by that means discovered. That which h Arias Montan. in jon 1. a learned Linguist gathereth out of the change of the number in those words of that story, i Mis●runt sorts; & cecid●● sors. jon. 1.7. They gave out their Lots; and the Lot lighted on jonas; to wit, that they should cast Lots oft over and over to be more fully assured of the certainty of the thing, and that upon every casting the Lot lighted still upon the same party; is not unlike that which k R. Solomon Iarch● in jon c. 1. one of the Rabbins gathereth from l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jon. 1.17. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jon. 2.1. the change of the Gender afterward in the same story, that m Cum in piscis masculi ventre s●tis commodè ag●ret, ad orationem animum non adiccit: quod ubi Deus animaduertit, ●●ctum per vomitum à faemina faeta deglutiri procura●it, in cuius utero cum angustè se haberet, Deum deprecari cep●rat. jarchi. jonas should be in the bowels or belly of two several Whales, a male and a female, the one after the other; the one an idle and senseless, the other also a groundless conceit. For as n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de pisce quo●ibet Gen. 1.26, 28. Exod. 7.18, 21. the Genders in that language are oft indifferent and indefinite, else there might be three Whales as well as two picked out of the text, o jon. 2.10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the gender being also once again afterward changed: so the interchange of numbers in passing sometime p Malac. 2.2. 1. Cor. 41, 2. from the plural to the singular, sometime from the singular to the plural is a thing no less usual, q Psal. 12.75. 1. Tim. 2.15. as well with the penmen of holy writ, as with r Si tempus est ullum hominis n●candi, quae multa sunt. Cic. pro Milon. Eunuchum dixti velle te, quia solae his utuntur reginae. Terent. Eunuch. Cuius maximè mos est consimilis vestrum, high ad se vos applicant. Idem. Adeon'homines immut●ri ex am●re, ut non cognoseas eund●messe? idem. other profane Writers, and those of the best note. And yet this help needeth not here neither: for there is s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ha 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. an Article of some emphasis in the original, They cast their Lots; which were, it may be, many, as usually there are; and t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sicut Act. 1.26. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. the Lot, or, that Lot, to wit, that that was assigned to show who was the delinquent, that Let lighted upon jonas; who being thereby discovered, discovered thereupon unto them, what had been done by him. Which course of lottery as it was undertaken of them, not u Exluce naturali quam fid●m ●ōmun●m appeliare possumus, sortitionem isti adhib●erunt. I●n. in jon. c. 1. upon any general light of natural grounds, as some great ones without good ground have delivered, (for then might men imitate them now in the like case) or 1 Divina inspiratione factum est. Gloss. ad Grat. cause. 24 q. 3. Et Henr. Herp. in decal. precept. 1. ser. 4. Deo inspirant. P. palate in jon. c. 1. by any special divine inspiration; as some others with as little likelihood have taught, but rather x Adsortem confugiunt, cui gentes assueu●rant. Theoph. in jon. after the common manner of their own heathenish superstitions, y Credibile est ethnicos, qui prius diversos in●ocauerant Deos, in sortibus etiam superstitiosius egisse. Gualther in jon. c. 1. observed (as is likely) by them then also in the use of it; and therefore was it no z Sortitione eiusunodi uti licuit. jun. in jon. c. 1. lawful or warrantable, as some have said, but a wicked rather and unwarrantable course in them: so it took effect and fell out as it did, not, as some have imagined, a Vbi nec erat deprecatio, nec viri probi, tantum valuit tamen sort, to quòd recto animo f●eret. Chrysost. in Act. homil. 3. Quo mode senex ille apud Aug. confess. l. 4. c. 3. vim sortis hoc facere in rerum natura usquequaque diffusam. by force of the Lot used; or through the faith of them by whom it was used; or b Non quòd illos D●us audiret, sed quòd sortes temperare sui muneris esse sciret. Per quas ideò quamuis nos falsi & mali simus, ipse tamon benè a● verè respondet. Martyr in 1. Sam. c. 14. by any ordinary course, that in that kind God hath tied himself unto; or c Constat jonam spiritu pr●pheuco ciar●m sor● huic interfu●sse, & in sortitionem c●nsensisse. Krak v●z in jon. c. 1. in regard of any prayer conceived by jonas as a Prophet, (a thing unlikely, considering his estate at that instant, in God's displeasure, and guilty to himself that he was the man aimed at) but because d Fugitiws sort deproh●nditur, non viribus sortium & maximè ethnico●um, sed voluntate cius qui sortes regebat inc●rtas Hieron. in jon. c. 1. Deus tamen qui elicit bona de m●lis, sic sorts temperaui● etc. Lyra ibid. Cum ipsis sortiri consuetum effet, Deus ipsis condescendens, per indicium ipsis familiare tempestatis autoremprodidit. The ophyl. in jon. c. 1. Superstitiosè nissas Deus sorts direait, quia Ion●m deprehendi voluit. Gualther. ibid. it pleased God extraordinarily making good use of their wickedness, secretly so to guide and dispose the event of that action, not regarding them or any act of theirs; but thereby to effect and work his own ends, that his fugitive servant might by that means be reclaimed and brought back to his obedience; and his power and providence be proclaimed among those, that were before altogether ignorant of either. And thus hath a divinatory Lot been used, where the offence and the Offender have been both equally unknown. Now the like hath been used also where the offence hath been known, but not the Offender; where the offence hath both been certainly known in general that it is, and discovered in particular also what it is, but the party delinquent hath remained yet undiscovered. Thus was there a Lot used for the discovery of Achan. For e I●sh. 7.11, 12, 13 when God had told joshua that an offence had been committed, in retaining some part of the accursed spoils of jericho, which ought wholly to have been destroyed, for which the wrath of God was kindled against the whole army; but the Offender unrevealed and undiscovered lay hid; f josh. 7.14.15. by God's special appointment a Lot was used, (as g Gratian. decr. c. 26. q. 2. Thom. sum 2● 2 ae. q. 95. a 2. Alph. Abule●s. q 29 & 30. josep. antiq. l. 5. c. 1. Lavat. in josh. c. 7. M●sius ibid. Riber. in jon. c. 1. n. 41. Serar. in josh. t●m. 2. c. 7. q. 16. Et è Rabbiss R. Levi Ben-Gersh●m. most agree, howsoever h Vel de triburca ita s●bitò defixa ut se loco monere non posset, vel de obfuscato lapide, cui tribus illa inscriberetur, in amictu pontificali; in quo R. Salomonen resutant Lyra & Serar. some idle Rabbins dream of other means of discovery) and Achan thereby made known to be the party delinquent. For i josh. 7.16, 17, 18. Lots being cast for the Tribes first, the Tribe of juda was taken; being cast again for the Families of that Tribe, Zeraches Family was taken; and cast lastly again for the several houses and persons of that Family or Kindred, Zabdies' house, and in it Achan was at length caught and discovered; who thereupon confessed his fault. § 6. Now these were all extraordinary and divining Lots: in regard whereof those that define a divinatory Lot to be that only whereby men inquire into future events, (as the great k Th●m. Aquin. sum. par. 2 ² 2 ae. qu. 95. art. 8 & de sort. cap. 2. Sors divinatoria quae quid futurum sit quaeritur. Scholeman doth, and l Lyra in Num. c. 34. & in Prover. cap. 16. Astesan. sum. l. 1 c. 14. Ludde Pruss. trilog. animae par. 3. c. 21. E. King in jon. lect.. 9 Perkins of witchcraft, & alij. the most treading his track,) come far short of the compass and extent of this Lot. For it comprehendeth sundry others also beside such, to wit, m Divinatoriae sortes oracula excudunt, abdita & abstrusa er●u●nt, ignota eliciunt, incerta scufirmant, impendentia prospiciu●t, etc. Pewter. de divinat. c. de sortib. Sortium genus illicitum, quando occulta ignotaque per sortes investigamus. Lavat. in Prou. c. 16. all those that tend to the discovery of any hidden truth by any casual event, which no power of human wit or skill can of itself directly reach unto, or is able simply by such means to discover. Which course as it seemeth o Scyphus in quo tentando tentat sive experiendo experitur per eum. R. Abraham. Experimento certo didicerit per illum quales s●ti●. jun. in Genes. alluded unto rather, as some of the soundest take it, than indeed p Scyphus quem furati est is ipse est, etc. in quo augurari solet. Vulg. iocosum mendacium. Aug. in Gen. q. 145. Aequiucationis prudentis exemplum. Delrio mag. tom. 1. l. 1. c. 2. Quidan exponunt quod pro malo augurio habu●rit amiss●● scyphum in quo bibere solebat. R. David in radic. de quo augures interrogabit quis tum surripuerit. R. David ibid. & Vatabl. in not. directly intended by joseph and his Steward, when the one saith of the cup pretended to be stolen either by Benjamin or his brethren, n Genes. 44.5. Is not this the cup that my Lord drinketh in; and whereby he divineth, or conjectureth, what you are? and the other after to them, q Genes. 44 15. Knew ye not that such an one as I am r Certo posse experimento discere, i●rationes excogita re, quibus cer●ò cogn●scat, quod cognitu erat difficile. Ium. Sic Prou. 16.11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sagacitas (in rel us addivinandis) insid●t labijs regijs. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in bonam pro Sagace Esai 3. ●. Idem. Quin & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ipsum pr● observatione cauta callidaue usurpatur. Gen. 30.27. & 1. R●g. 20.33. can certainly divine? or, take some course as certainly to discover your theenery, as if either I dealt with Diviners or were such an one myself? So it hath been an usual practice with sundry nations, to seek by such courses to try or discover persons suspected or guilty of some crime. For 1 Fiant duo tali de virga praecisi, quorum unus cruce innotatur, alius purus dimittitur: & lana munda involuti super altare vel reliquias mittuntur; & presbyter si adfuerit, vel is si deest, puer quilibet unum de sortibus de altari tollat, Deo interim exorato, si i●●i 7. qui de homicidio commisso v●rum iurassent, evidenti signo ostendat. Si cruse signatum sustulit, tunc unusquisque illorum 7. sortem suam faciat, & cuius sortem extremam presbyter puerue sustulerit, homicidij compositionem persoluat. Ex Frisonum leg. 14. Delrio mag. disq. tom. 2 l. 4 c. 4. q. 6. so were the ancient Frislanders accustomed to try such as were suspected of or charged with manslaugter having offered to purge themselves by oath: and 2 Si q●u de furti suspicione inculpatur, ad sortem veniat. Clotharij decret. art. 6. Si dubietas est de servo furti inculpato, ad sortem ponatur. Pact. inter Childeb. & Cloth. art. 5. the French of old time were wont to use the like trial with persons apprehended upon suspicion of theft, where some grounds were of presumption, but pregnant proofs failed. Yea 3 Cyrill. monach. in vita Euthy●●ij apud Surium jan. 20. & Baronius annal. tom. 6. ann. 477. so Marcian a Nestorian Abbot would needs have Lots cast, 4 Apostolicum sequentes exemplum, sorts iaciamus. Marcianus Archimandrita ad monachos suos. after the example of the Apostles forsooth, between his heretical Monks and the orthodox Bishops, to be thereby informed whether of them held the truth: which being cast, saith the story, it went with the Bishops, whereupon he and his Monks, the most of them, came home unto them. 5 Henricus Claravall. in epist. apud R●g. Hoveden par. 2. anno 1 178. And so lastly in our English Writers we read that one Peter of T●loose being accused of heresy, and having denied it upon his oath, one of those that stood by for the trial of the truth of his oath 6 Occurrent is literae praen▪ sticum perquirens. opened suddenly at adventure the book that he had sworn upon, wherein the first words he lighted on were those of the Devil to our Saviour, 7 Mark. 1.24. What have we to do with thee, thou Son of God, jesus? Which, saith the reporter of it, sorted well with such an Heretic, who indeed hath nothing to do with Christ. But of this manner of book lottery we shall entreat further 8 Infra §. 10. hereafter. For the thing itself, it is too too common among us even to this day, s In furta & res amissas sortibus inquirere. Aret. problem p. 1. loc. 67. caut. 3. by Lot to make inquiry after thieves, and for things stolen or lost, some using t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, de qua Del●io mag. disq. tom. 2. l. 4. c. 2. q. 6. §. 4. ●. 12. an hollow key and a book, some * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. de qua Delrio ibid. n. 10 & Plin. hist. nat. l. 36. c. 19 an axe and an helve, some u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. de quae Delrio ibid. n 9 Georg. Pictor. epitome. Mag. & Erasm. adag. chil. 1. cent. 10. adag. 8. a five and a pair of shears or other like toys, and some repeating 1 Psal. 50.18. part of a Psalm, others abusing the name of x Peter & Paul. some Saints; of which practice well saith y B. King on jon. lect. 9 that reverend Prelate before oft alleged, that the Devil whom such Persons as use it, gratify by this their Sorcery, and who also produced z Matth. 4.6. Scripture and 2 Act. 19.15. Saints names to as good purpose as they do, hath 3 Luk 22.31. sifted them to the bran and scarce left a grain of good Christianity in them: and the laws both a Sorts quibus ●uncta vos vestris discriminatis provincijs, quas patres damnau●runt, nihil aliud quam divinationes & maleficia esse decernimus: omninò itaque damnamus, & sub anathemate prohibemus. Leo 3. ad Episcopos Britanniae apud Grat. c. ●6. q. 5. In tabulis, codicibus, alijsue sort furata non sunt requirenda: nec divinationes ullis in rebus obseruanda. Theodor. penitential. in decretal. l. 5. tit. 21. c. 1. Suspensione & poenitentia multatur ibid. c. 2. sacerd●s ab Alex. 3. qui astrolabium de furto consuluerat. Canon and b Acerbioris iniminebit supplicij ●ruciatus eis qui c●ntra veti●um, p●aesentium vel futurarum rerum expl●rare tentaverint veritatem. Cod. lib. 1. tit. 14. leg. 2. Si quis astrologus vel qui aliquam illicitam divinationem pollicetur, consulius aliquem furem dixisset, qui non erat; iniuriarum cum eo agi non potest; sed constitutiones cum tenent. Ulpian. ff. lib. 47. tit. 9 leg. 15. Vitore gladio puniendum ex C. Gloss. Quastio facti non committitur sorti. Gloss. ad ff. lib. 5. tit. 1. leg. 14. Civil condemn it. § 7. Now further Lot's Extraordinary have sometime been used as for the discovery of some hidden matter past or present, so for the presaging or foretelling of some future event, thereby to direct men what course to take in their affairs, or what success they might therein expect. So that c Hinc Thom. de sort. c. 2. sorts super jona, jonathan, Achane, Matthia iactas divisorias facit: ab Hamane iactas consultorijs annumerat. as the former extraordinary Lots were partly divisory and partly divinatory, so these latter are partly consultory and partly divinatory, being used partly for consultation and partly for divination, or for consultation by way of divination. For to divide aught by Lot barely is ordinary, and maketh a Lot merely divisory: but to divide or share out ought by Lot, expecting to have the division by Lot made exactly and precisely according to the right of the thing divided in regard of those among whom it is divided, or according to the truth of some thing that is thereby inquired into, is extraordinary and maketh it a divinatory Lot. Again to distribute offices by Lot barely, as to design thereby who shall have this place who that place, or who be admitted and who excluded, is ordinary and but divisory; but to expect that God should thereby reveal whom he deemeth fit or unfit, or whom he hath fore-assigned to any office, is extraordinary and divinatory. And so here to determine by Lot what course a man shall take of two equally and indifferently propounded, is ordinary, and maketh a Lot merely divisory; or if consultory, but improperly so termed: but to inquire or determine by it what course is best to take as likely to prove luckiest and most successful, is extraordinary, and maketh a Lot divinatory and consultory properly so termed. Now to this purpose are Lots found used, either where the attempt itself is questioned, or where the attempt and business itself is resolved, but the circumstances of time place and person are yet undetermined. First where the attempt itself is not fully resolved on. As d 1. Sam. 14.6, to 16. where jonathan and his armour-bearer agree to show themselves to a garrison of the Philistines, who if upon discovery of them they should will them to stay till they come to them, they would then stay their attempt and not proceed on with it; but if they should call them to come up to them, they would go on in their attempt, taking that as a sign that God would give them victory against them. Which when they had accordingly made trial of, and the Philistines invited them to come up unto them, they clambered up the rock on their hands and their feet to them, and GOD discomfited the Philistines that they fled before them, and they slew a twenty of them within compass of an acre of ground. It was not e Illud animi f●r●u & ad pugnam parati, hoc indicium esseremissi & fracti. R. Levi & alij quos refellit Martyr ad 1. Sam. c. 14. a conjecturing of the minds or courage of their adversaries by their answer, as some of the Rabbins have supposed, but g Omen: genus divinandi non nonum. Mart. ibid. a sign that jonathan set himself, much like f Genes. 24.14. that of Eliezer Abraham's man before mentioned, whereby he minded to discover whether God were pleased to further and give success to them in that enterprise or no. § 8. Secondly Lots have been thus used where the attempt or business itself hath been resolved on; but the circumstances of time, place, or persons have been undetermined. Sometime they are found used where the persons against whom the attempt should be given are undetermined, and question being of twain or more, it is decided by Lot, which of them shall be first dealt withal. Thus it is said of the King of Babel Nebuchadnezar, that h Ezech. 21.19, to 24. he should stand at the head of a crossway where two turnings were, the one leading toward jury and jerusalem, the other toward Ammon and Rabath their head City: there he should consult with his Divines, that is, his soothsayers or Sorcerers; and among other courses, beside inspection of the liver and entrails of beasts sacrificed, (a practice among the Heathen likewise much used) thereby to conjecture what success he should have; he should draw i Huc facit quod Seru Ae●. 10. Clarigationem, parum solidè tamen, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deducit. Nam per bellicam, inquit, sorten agros hostium inuad●bāt. Lots also to try which way were best for him to take, whether to bend his forces in the first place against Ammon or against juda, against jerusalem or against Rabath: and the Lot in his right hand should come forth for jerusalem; God in his secret providence so disposing it, as he foretelleth by the Prophet, for the deserved destruction of his own rebellious people. Now this divination of theirs was performed and practised, as some think, * Commiscens sagittas. Vulg. ri●u gentis suae sagittas nominibus ins●ri●tas commiscendo: quam Graeci 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 v●cant. Hieron. in Ezech c. 21. quem vise si vacat. by mingling of arrows with several inscriptions, which being first secretly shuffled were after openly drawn out: as others think, by k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sept. Virga in aerem proiecta. Cyril. & Theoph●lact. in illud H●sh. 4.12. Populus meus virgas suas consulit. quod ipsi cum Hieronymo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dictum censent. casting up of a rod or l jecit sagittas. Chald. h●in aere volare fecit, ut videret in quam partem caderet. R. I●seph Kimchi. shooting of an a-row as directly as could be plum upward into the air, observing on which side it lighted when it came down: ( m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the clause that both build on is somewhat ambiguous, and by divers e Sagittas sive tela tersit, pol●uit, ut Eccles. 10.10. R. Menachem & Vatabl. Et hoc est quod Polychron. en Ebr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. non, misit aut iecit, ut D●lrio mag disq. tom. 2. l 4. c. 2. q 7. §. 3. n. 4. quod est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ferrum tersit te●orum, ut in eo splendente aliquid contuerentur divinantes, uti in ungue, gladio, speculo, etc. ass●lent. R. David in radi●. At junius, terget divisorios, cultros scil. i. sacrificia quam plurima & extispicia adhibebit. Ego pro sagittis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 frequens reperio, pro cultris nusquam. others turned otherways:) as others again think, f Calculis inscriptis. jun. by stones with inscriptions or marks on them, the one for jerusalem, the other for Rabath: which is not altogether unlikely. Howsoever it were, it is apparent by the place, that some kind of lottery or other was used in that consultation of his, and therein Authors all agree. The like course may be thought to have been used also g Esai 36.10. Vise justin. orthodox. quaest. 2▪ & 146. by Senacherib King of Assur: howbeit the one took not the same effect with the other, because it pleased not God to grant that success to the one, that he thought good to vouchsafe the other. Sometime again are Lots used where all other circumstances are resolved on, and the time only undetermined. Thus ●hen h Est. 3.6, 7. Haman had resolved to do what he could for the destroying and rooting out of the whole jewish nation, he caused Lots to be cast for the day and the time; that is, by Lot he made inquiry what time would be fittest and most fortunate for the enterprising or executing of that his exploit. And the Lots being cast in the first month Nisan about our March from day to day and from month to month, fell out upon Adar the twelfth Month much about our February, near upon a twelvemonth between; i Est. 9.2. what time it fell out contrary to Hamans' expectation, and to that success that his Sorcerers had by their sorceries promised him: As the like delay upon the like ground was a mean k Is (Val. Proc●llus Caesaris Legatus ab Ariovisto detenuus) se present de se ter sortibus consultum diceba●, vtr●migni statim necaretur, an in aliud tempus reseruaretur: sortium beneficio in●olumē se esse Caesar d● bell. Gallic. l. 1. to save a noble Roman in the enemy's hands; and l Apud Germanos consuetudinem esse, ut matre●familias ●orum sortibus vati●inantibus declare●t, v●tum praelium committi ex usu esset, necne: eas dixisse, non esse fas Germanos superare si aete n●sam lunam praelio contendissent. Ibid. Sed haec illis m●ra fa●alis & le●halis ex●itit. gave Caesar a famous victory against the Germans when they looked to have had the like against him. Which custom the ancient 1 Frisonum mos neminem neci tradere nisi quem sor● prius indicasset. Baron. annal. tom. 8. ann. 697. num. ●. sort arreptum Dijs immolarisolitum. ex Surio & Innae Monach. Ibid ann. 700. num. ●. Frislanders are reported also to have ordinarily used; and 2 R●dbodus Fris●rum rex in Willebrordum cum socijs suis per diessemper tribus vicibus suo more ci●m sortes mitteret, nec in eum nec in ullum ex socijs praeter unum damnatoria sors vnqua● cecidit. ex Albin● & Surio Baron. ibid. ann. 697. num. 7. that a certain Christian Bishop with divers his Disciples being oft put upon it, the casting Lot never lighted either upon him, or upon any of his company, save one alone, who by that means was made a Martyr. § 9 m Hinc Pindar pith. odd. ●. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Adquen locum Scholar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Priscoium institutorebus divinis opera datur, cum aliquid commendandum est precatione; cúm exposcendum, voto; cum soluendum gratula●ione; cum inquirendum, extis vel sortihus: impertito, cum soleuni ritu p●ragendum, sacrificio, etc. Val. Max. l. 1. c. 1. De his latissimè Cic. in libris de divinatione: quarum usum tamen su●tempore refrixiss● testatur. This kind of divination was very common and usual among the Heathen; whose Idols also used to give their answers oft times n Hinc sortes Praen●stinae. Cic. de divin. l. 2. Dodonae●. Ibid. l. 1. Antiatinae Suet. Caio c. 57 Aponiana. Idem Tib. c. 14. by Lot. Whence it came to pass that their o Sorts, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gloss. Sors à This responsum sign Festus.- placuit coeleste p recari Numen, & auxilium per sacras quarere sorts. Mota Dea est, sortenque d●dit. O●id. met. l. 1. Consulat ut sacras, h●minum oblectamina, sorts I●. 11. Et Cic. de divin. l. 2. Auspicia restant, & sorts hae quae dicuntur, non illae quae vaticinali●ue sunduntur, quae oracula veriùs dicimus.- dictae per carmina sorts. Hor. art. Oracles were in general called Sorts or Lots, though given many of them otherwise; and their Wizards or soothsayers were called p Ab his sortibus s●rtilegi. Vatro de ling. Lat. l. 5. Vtiliumque sagax rerum & divina futuri, Sortilegis non dis●repuit sententia Delphis. Hor. de art. poet. Sortilegi or Sortiarij; which name of Sorcerers and q Hinc in iure Canonico titulus de sortilegijs. Decretal. l. 5. tit. 21. Sorcery we likewise now give generally to Witches and Wit cherry of all kinds▪ The means and manner of their performance thereof were manifold; as were also the matters and affairs wherein they made use of it. For the slavonians, as the r R. Moses ad precept. neg. 52. Vise Munsteri precept. Mos. jewish Rabbins write of them, used to pill a stick or a greene-peice of wood on the one side leaving the bark on the other side, and then casting it up into the air, by it to conjecture of the good or bad success of their business intended, as it lighted with the bark or the bare side of it upward. Not altogether unlike that which is reported s Hugo Lins●h●tan. part. 2. Indiae Oriental. of the Chinois, that they use to the like purpose two sticks tied together with a string of some length, on the one side flat, and round on the other; which sticks if they light and lie both alike on the flat side, they account it a good sign, if unalike, an evil sign. As also divers barbarous people in Germany are recorded, t Nec sorti●ra e●s usus ignotus; s●g●ide●n tribus ligni porticulis part aliera a●bis, altera nigr●●, in gremium coniectis, candidis prosperae furuis adversae signab●nt. de Rugijs Saxo hist. Dan. l. 14. some of them by little pieces of wood white on the one side & black on the other; and u Faminae foco assidentes sortui●as in cinere lincas ducebant, quas si pares num●rassent, prosperae rei praesci●s, si impares, sinistra praenuncias antumab●nt. Ibid. their women by lines drawn at all adventures in the Ashes, as they fell out even or odd, and * Auspiciae & sorts, ut qui manimen observant. Virgam frugifera arbori● decisam in surcul●s amputant; e●s 〈◊〉 quibusdam discretos s●per candidam vestem temerè ac fortuity spargun●. Mox sipublic● c●nsulaetur, sacerdos ci●itatis, sin pri●atim, paterfamiliae precatus Deos, c●lumque suspicient, tersingulos ●ollit: sublat●sque se●undùm impressam ante ●otam interpretatur. Tacit. de mor. German. others by little sticks or sprigs marked with several inscriptions first shuffled together and then solemnly drawn; the Scythians, some of them x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Herodot. de Scythis l. 4. with bundles of wilow-wands; others of them y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ibid. with the rind or bark of the Teil-tree; and z Verb●nacae vtraqu● sortiuntur Galli, & praecinunt responsa. Plin. hist. ●a●. l. 25.9. the Galls with Lots of Veruen-leaves; to have usually presaged in their businesses of several natures what success they were like to have. Among other superstitions practices of this kind (to pass by many) famous is that example by a Vise Ammian. l. 29. Socrist. l. 4. c. ●9. S●z m. l. 6. c. 35 Niceph. l. 11. c. 45. Zonar. tom. 3. in Valent. divers diversly reported, whereby not Valens the Emperor himself, as b Cassiodor: an Epiphan. Inst. ●ripart. l. 7. c. 35. ex Socrate; qui tamen ipse non Valent●m, sed alios 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id quaesi●isse asserit. some have misreported it, but c Per Fidustium, Irenaeum, Perganium, Hilarium, Aminianum, Libanium & lambly●hum. Zonat. some other in his time made inquiry, who should succeed him in the Empire: which was done, say some, d Annulo prudulo ex filo Carpathio librate, qul per interualla distincta literis incidens saltoati●● sylla●as ist●s perstrinxerat. Anontian. l. 29. by an enchanted ring hung by a silken thread in the midst of a basin with an alphabet of letters engraven round about on the sides of it, which letters the ring struck upon as it was stirred to and fro; or as others say, e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Zonar. tom. 3. in Vulent. by letters drawn in the dust with a corn of some grain wheat, or barley, laid on each of them, and a cock turned in to them to pick up of them which he would: both herein agree that these four Greek letters θ Ε Ο δ were in that order as they here stand, either struck upon by the ring, or picked upon by the Cock, whereupon they concluded that one Theodorus a noble man of special note was the person whom that Oracle of theirs then aimed at: which coming by some means or other to the emperors ear, was occasion not of the death of that Theodore alone, but of many others also whose names began with those letters; and yet miss he of Theodosius, who afterward did indeed succeed him in the Empire. Of special note among the Romans and so famous that f Ex Chromacho refers Cic de divinant. l. 2. Carneades used to say of them g Nunquam fortanatiorem se vi●isse Fortunam. that he never knew Fortune any where so fortunate as there, were the Lots at Praeneste, h Numerium Suffus●●● so●i●ijs ●rebris filicem caedere iussu●: perfract● same sorts crupissein rob●re insculpt●● priscarum literarum notis. Cic. de divin. l. 2. whose fabulous original Tully reporteth and derideth: they were certain i Taleola è line tanijs lancis involute. unda inter pr●digia, Cara sor●●● 〈◊〉. Li●. l. 21. ●s, Praiseth 〈…〉 scripta●●, 〈…〉 tit. Ide● l. a●●●●nijs 〈…〉 〈…〉 ● 25. 1●. 〈◊〉, prodigij ins●li●●● l●to habitu●● 〈◊〉 Ded●●d●● sori●●●●sulentibus 〈◊〉 si●ia disturbaverat. Cic. de●i●i●, l. 1. & ●. o●en pins or the like, with several inscriptions; which they kept in a box or a che●t wrapped up severally in wooden fillers; k Sor tiem, Prae●●srimaerum 〈…〉 obsignat●● 〈◊〉 Roma●● non reporiss● in a●●a, 〈◊〉 relat●s ra●●su● ad templum. Suc●●●. Tib. c. 63. which Ti●erius, say some, assaying to remove from thence, when the box or chest was brought to Rome, the Lote were found wanting, and so continued, till the box was brought back again to their wont place of abode. These they used to draw as at other times, so of ordinary course at every New yeares-tide, to foretell them what should betide them the year following; l Praenestius Fortuna to●o imperij spat i● annum nonum c●mmendanti la●ā semper sortem dor● assueta, extremo tristissimam reddidit, nec same sang●lu● menti●ne. Sueton. Domitian. c. 15. at which time drawn by Domitian the last year of his reign they are said to have given him an heavy and a bloody Chance, that which accordingly fallen out afterward; whereas they had ever given him light some and lucky ones before. In steed of these woodden-pins or wands, in some other places were dice used or m Ind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicti Artemidor. de insonen. l. 2. buckle-bones of the same use with dice. For so among others n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pausan, in Achaic, quem vice. at an Oracle of Hercules his in Ach●ia, they used to cast dice with certain marks upon them; which according as they lighted, directed them to a Table, wherein they found thereby their Fortunes. And so o S●rte tracta qua moncbatur ut in. upon fontein talos aureos inceret, evenit ut sum●um numerum iacti ab ●o ostend●r●nt. Sueton. Tiber. cap. 14. at Padua Tiberius willed by a Lot, drawn at an Oracle of Germans, to cast golden dice into a spring there at hand, had the Empire foreshowed him by the fall of the dice affording him the highest Chance. § 10 But none, it seemeth was more usual both there and elsewhere then their p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Casaub. ●d Spartiaen. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. D●●r. tom 2. l. 4. c. 2. q. 7. §. 3. ●. 6 book or verse-Loteries, when q De Paeganis Poetae cuiuspiam longè aliud canentis atque intendentis, cum serte quis consulit, exit seze versus negotio mirabiliter consonus. Senex quidam apud August. confess. lib 4. cap. 3 Fallitur tamen Delri● mag. disq. tom. 2. l. 4. c. 2. q. 7. §. 3. n. 6. dumb hue refert Socratis ex versu Homerico de di● mortis suae coniecturam. Ex insomnio siquidem versuque per insomnium prelatoid ariolatus est: ut Plaso Criton & Cic. denat. Deor. l. 1. taking a book of some famous Poet as s Eu Graces. Lamprid. Alex. Homer or r Sorts Vergiliana Sparti●m, Adrian. Vergill, t Alij●x Sibillon is libris provenisse ei dicunt. Ib. or of some of the supposed Sibyls, Nobilis alicuius Poetae versibus in pi●t●●● descriptis. 〈◊〉 in uruam coniectis. ●nd● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sors extitis, excidit. Casaub. ibid. they either writ out divers verses into several scrolls and afterward drew of them; or u Temerè a●repto & aperto libro, ve quidque primum se oculis obieceret. Casaub. ibid. opening the book suddenly took that which they first lighted on for an answer to their present doubt or demand. So Adrian is reported 2 Qu●is precul i●e autens ramis insignis. olive? etc. Missus in imperium magnum, cui deinde s●bioit ●or●ex●uit. Spartiam. Adrian. by certain verses of Virgil to have had his advancement by trajan to the Empire foretold him: so x Quum sortem de fato suo toileret; Hic rem Roma●am magno turbante tumultu Sistet eques, sternet Poenos, Gallumque rebellem. jul. Capitol. ● L. Albine. Clodius Albinus his stay of further tumult upon the death of Pertinax, and his victory against the Galls by the like: so Alexander Severus y Vatem censulens versus adhuc puer accepit & primis quidem sortibus: Te manet impe●ium ●oeli, terraque, ma●isque: Te manet imperium quod tenet imperium. Lamprid. Alex. Seu. yet a child his universal Sovereignty by certain Greek verses; confirmed after to him, using the like consultation z Quum parentis hortatu animum à philosophia & musica ad alias artes trad●ceret, Vergilij sortibus huiusmodi illustratus est; Excudent alij spirantia m●●ius aera, etc. Orabunt causas melius, etc. Tu regero imperia populos, Roman memento. Ibid. ex Aencid. lib. 6. at the change of his studies, by the like verses of Vergil; as also 3 Huis sors in templo Praenestinae talis exti●it, quum Heliogabalus insidiaretur; ● si qu● fata aspera rampas, Tu Marcellus eris.— Ibid. ex Aeneid. lib. 6. by the same again, when by Heliogabalus laid for, he sought again to the same courses to be informed what should then betide him: and so lastly Claudius the latter is said to have been informed, a De se consulens quamdiu imperaturus esset, responsum accepit; Tertiae dum Latio regnan●em v●derit actus. Treble. Claud. of the just length of his own reign; b De fratre, quem imperij consortem volébat; Ostendens terris hune tantum fata.— Ibid. ex Aen. 6. of the short continuance of his brother Quintillus his authority; c Sors talis emersit; Tu qui nunc patrias gubernus ora●, etc. Regnabunt etenim tui minotes, Et R●ges faciunt suos minores. Ibid. of his Nephews succeeding him in place of supreme government; and d Deposteris suis; His ego nec metas r●rum nec tempora p●no. Ibid ex Aen. lib. 1. of their continuance therein for many descents. Now herein was verified what the Psalmist saith of the jews, that e Psal. 106.35. being mingled among the Heathen, they learned their superstitions. For this superstitious practice used first by the Gentiles, grew after to too common a custom not f Hoc a Paganis ●cceptum Rabbin●rum curiositas frequentavit. Casa●b. ad Spartian. among the jews and their Rabbins alone, but among Christians also, and those many of them of no very evil note otherwise. For to pass by that popish practice of casting Lots among the Saints for some of them g Coniectis in urnam Apost●lorum neminibus quum estate comites 〈◊〉 suffragia sortirentur; joannis Euangel. nomen est sortita ● cuius patrocinio it a exhilarata est, ut nibil eius nomins quisquam in cassum ●am exerarit. de Elisabetha Andrea R. f●lia. Eonsin. rerum Hungar. decad. 2. lib. 7. to be their special patrons and Protectors to depend principally upon; or h Ferdinandum Cortesium puerum morbo quasi desperato labora●teni cum 12. Apostelis vovissent parents, sort ducta exijt B. Petrus, cui post oblat●s missus soliunos, so●ua●us est puer, qui h●ne diu●m eo impensius coluit. Fr. Lope● hist. Mexic. l. 21. Et Cardan de serum var. c. 92. to commend themselves or their dear friends unto in some danger & distress; or i Sancti a● imitationem & invocationem sort delecti: prout olim publicè in templis fieri solitum patet ex coronis versa●●ibus came ad rem factis, & fit body quot-mansibus in sodalitate Marie & societate jesu. Serar. in josh. tom 2. c. 7. q. 17. to perform their daily service unto; which though differing from that their manner in circumstance, yet for superstition is with it the same. To pass, I say, by that that may seem farther off, and to come nearer home; in steed of Poets works used (or abused rather) by Heathen in this kind, Christians have done the like by the Bible Gods own book, and the several parts of it, k Sorts ex utroque Testamento à more deducisolent. Cardan● de rerum var. c. 87. the old and the new Testament, the Epistles and the l His qui de paginis Euangelicis sortes legunt, etc. Aug. Epist. 119 Gospels, the m Vt nullus in Psalterio vel evangelio, vel in aliis rebus sortiri praesumat, nec divinationes aliquas observare. Carol. M. ●ōsti●. an. 2. l. 2. c. 4. Psalms and the Prophets. And o Delrio mag. tom. 2. l. 4. c. 2. q. 7. § 3. hence, (nor from the Apostles use of Lots sometime in Ecclesiastical elections, as n Baronius annal. anno 34. some have supposed) sprung that term of the Apostles Lots, and of the Lots of the Saints, which we find in so many p Sortilegi sunt qui sub nomine fictae religionis per quasdam quas Sancterum seu Apostotorum sortes vocant divinationis scientiam profite●tur, aut quarumcunque Scripturarum inspectione futura premittunt. Isidor. orig. l. 8. c. 9 Et apud Grat. c 26. q. 1. & in Con●. Venet. c. 16. Non licet ad sortilegos vel auguria respicero, nec ad sortes quas sancto, num vocant, vel quas de ligno aut pane faciunt. Conc. Autisiodor. sap. 4. Clericus vel Laicus augurijs students, vel per sanctorum patrum quas vocant sortes divinationem profitens, vel consulans, ab Ecclesia eijciendus. Coucil. Agath. c. 38. Et idem ferè Concil. Aurelian apud Grat. ibid. Canons and Constitutions condemned. Thus the Emperor q Aperta, Psalterio dubitat●onum suarum explication●m qua●enti ●bla ●●ost versus primus, etc. Greg Niceph. hist. Rom. l. 8. Andronicus the elder being at jar with his Nephew and in some doubt what to do in the business, had recourse to his Psalter, and by chance lighting on that verse, as the Greek hath it, r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Psal. 68.14. When the God of heaven dis●ineth Kings, they shall be snowed upon, or overwhelmed with snow, in Salmon, he was thereby persuaded to give way to a reconcilement. Thus s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Georg. Cedrens. annal. in Heracl. Heraclius the Emperor in his war against the Persians being at a stand, and in doubt of going back or staying by it, after a three days public fast, betaking him to the Gospels, opened upon a text, which, as he took it, advised him to winter in Albany. Thus t Greg. Turen. hist. l. 5. c. 14. Gregory of Taures reporteth that Morovaus thirsting after his Father Chilpericks royal estate, and having received an answer from a Witch that gave him good hope of it; to make yet further trial of the truth therein, caused the Psalter, the book of Kings and the Gospels to be laid on Saint Marius shrine, and u Continuato trid●e in i●iuni●s, vigilijs & orationibus. after fasting and solemn prayer coming to open them, he lighted, little to his comfort, on these words in the first of them, * Quae nondum repori. Because ye have left the Lord your God, and walked after other Gods, and done evil in his sight, therefore ● hath God delivered you into the hands of your enemies; In the second upon these, as the vulgar Latin hath them; x Veruntamen prompter delositatem posusti eis mala: deiecisti ●os dum allenarentor, etc. Psal. 73.18, 19 But for their deceitfulness hast thou laid evils upon them: Thou hast cast them down, when they were advanced: How become they desolate? they perish for their iniquities; In the third upon these; y Matth. 26.2. Ye know that after two days the Paschall feast shall be; and the So●●e of man shall be delivered up to be crucified. Which sayings somewhat sorted with those things that then afterward befell. Yea this Gregory himself (though z Delrio mag. disq. tom. ● l. 4. c. 2. q. 7. § 3. n. 6. some seek to excuse him) was 1 Auspicium ex sacris literis Ma●gar. Bigue not. a●● Greg. not free from some spice of superstition in this kind, 2 Greg. Turon. hist. Franc. lib. 5. c. 49. quod & Serat. interus sorts statuit divinatorias. Ad josh. tom. 2. c. 7. q 17. who upon report brought him that some of his Clerks were by one Leudastes apprehended, resorted to his Psalter, and therein lighted on that verse, a Psal. 78 53. He led them out in hope, and they feared not: and their enemies the sea overwhelmed: Which he noteth to have taken in part effect in Leudastes, in great danger shortly after of being utterly drowned. As also the like course he reporteth (whereby it may appear that it was no strange or unusual matter even with the best in those times) that b Greg. Turon. hist. Franc. l. 4. c. 16. ad quem locum Margar. biblioth. tom. 7. Auspicium ex Prophet. & evang. Tetricus Bishop of Aruer● and his Clerks took, who having laid the books of the Prophets, the Apostles, and the Evangelists on the Altar, desired God thereby to show them what should become of Chram●us then in arms for the crown; and that opening the books they lighted on the song of the vineyard to be laid waist, in c Esai 5.4, 5. Esay; the prophecy of Christ's second coming to the sudden destruction of secure persons, in d 1. Thess. 5.2, 3. Paul; and the Parable of our Saviour of the house built on the sand, in e Matt. 7.26, 27. the Gospel. Thus f Petrus Blesens. Epist. 30. Peter of Bless sometime archdeacon of Bath reporteth of himself, that having dreamt once or twice of a friend of his, that he saw him invested as a Bishop, but with omission of some ceremonies, g Cum curi●sicatis humanae sorti●us & revolution: Psalterij visionis eventum diligentius explorarem. out of a natural curiosity he betook himself to his Psalme-booke by way of lottery; wherein the first words that offered themselves to his view were those; h Psal. 99.6. Moses and Aaron among his Priests. Thus i Symion Metaphrast. & Su●ius tom 5. in Theodora Septemb● 1 & Lipoman. tom 6. & jacob. Gau●e●s. hist. Lombard. Saint Theodore, as they style her, (if we may believe their reports of her) having by ungodly persuasions yielded to an adulterous act, repaired to a Priores and k Da r●●ti librum evangelii ut sortiar m●metipsam: aper●ens reperit, Quod scripse, seripsi. joan 19.22. jacob. Gen. desired from her by an evangelical lottery to know what should become of her; and thereupon putting herself into man's apparel, she ran away from her Husband, and became a professed Monk, and so lived undiscovered to her dying day. And thus lastly, to make up this troop, foolish Saint Frances, (I may well so term him, if all be true that l Lege Antonin. hist. part. 3. tit. 24. & Specul. Franc. & socio, & librut●s conf●rm Franc. Papists themselves report of him) m Antonin. hist. p. 3. tit. 24. c. 7. & Bonaventur. vita Franc. c. 13. ex Chron. Minoram. when one Bernard a man of wealth would needs be a follower of his; advised him first to consult with God about so weighty a work; which he did, saith the story, by repairing with Saint Frances to a Priest, who after Mass ended making a cross on his Mass-book, and then opening it at adventures three several times one after an other, lighted still on n Matth. 19.21. & 16.24. & Mark. 6.8. some text or other that tended to that purpose; whereupon that Bernard, by Saint Francis his advice, left all, and became one of his followers. As also 1 Specul. Franc. & Socier. c. 4. the same Saint Francis, as they say, reporteth of himself that being tempted to have a book, which seemed contrary to his vow, that denied him aught but 2 Tunisas', & chordam, & femoralia, & in necessitate, calceos. coats and a cord and hose, and (in case of necessity only) shoes, he resorted for advice, after prayer premised, to the Gospel; and there lighting on that sentence; 3 Matth. 13.11. To you it is given to know the mysteries of the kingdom of God; but to others by parables; he thereupon concluded that he should do well enough without books, and suffered none of his followers therefore to have so much as either a Bible or a Breviary or a 4 Postquam habueris Psalterium, concupisces & Breviarium habere, etc. Psalter. So that it is not much to be marveled if other o Cardan. de rerum var. c. 87. usitatum sibi morem hunc s●rtiū ducenda●ū profitetur, quem taxat Delr. mag. disq. tom. 2. l. 4. c. 2. q. 7. §. 3. ordinary persons and ignorant people have been carried away with such superstitious fooleries, when we see such Bishops and other learned men addicted unto them, as were both for knowledge and holiness esteemed of the greatest note in their times: Notwithstanding that all such kinds & courses of divination & lottery were both by the p Nemo aruspicem consulat, aut mathematicum, nemo ariolum: augurum & vatum prava confessio conticescat. Chaldai & Magi nec ad hanc partem aliquid moliantur. Sileat omnibus perpetuò divinandi curiositas: etenim supplicio capitis ferietur gladio ultere prostra●us, quicunque iussis nostris obsequium denegabit. Constantin Cod. l. 9 tit 18. leg. 5. Aruspex concremandus, consultor deportandus. Ibid. leg. 3. Acerbtoris imminebit supplis ij eruciatus eis qui contra vetitum, presentium vel futurarum rerum explorare tent amerint verita. est. Gratian. Valent. & Theodos. Cod. l. 1. tit. 14. leg. 2. Civil & q Sortilegi & divini, s●cessare noluerint, excommunicandi sunt. Gratian. cause. 26. quaest. 5. Arioli, aruspices, sortilegi, etc. ab Ecclesia sunt eliminandi, & nis● r●●ipuerint, perpetuò excommunicandi. Ibid. Et à Greg. iuniore in decretis anathema dictum ciusmodi. Ibid. Sed & Greg. signior opist. 47. lib. 9 Adrianum landat quòd sortilegos persecutus sit, & ut ulterius corripiat, tanquam Christiinimicos, hortatur. Ibid. Contra idolerum cultores atque sortilegos pastoralis invigilet custodia. Greg. idem ibid. ex Epist. 66. lib. 7. indict. 2. Canon Law, as also by divers and sundry r Artem magicam & sortilegam, à Zabulo inventam, ut pestem Ecclesiae eradicare studeant, monentur Episcopi Concil. Ancyr can. 1. Eyes qui divinationes expetunt, vel homines eiusmodi exquirendi aliquid vel expiandi causa admittunt, p●nitentia quinquemalis iniungitur. Ibid. can. 34. En qui sortilegos vel divinos domum duxerit, paenitentia quinquennalis iniungitur. Concil. sub Martino Papa. Clerious qui sortilegos consuluerit, suspensus in monasterium conijciatur. Concil. Tolet. 4 can. 30. Sortilgia, qua ad iniuriam religionis nostra detestando malorum demonina commercio exercentur, omnibus Christianis prohibenda, in cleritis acerbius etiam toer cenda. Concil. Moguntian. can. 101. Omnem divinationem ex aere, aqua, terra, igue, etc. ex somnijs, sortibus, mortuis, & quibus futura praedicere, furta, thesaurosue absconditos common strare profitentur & coerceant Episcopi & eijciant: in eos etiam qui eiusmodi divinatores, coniectores, sortilegos, ariolos, etc. de re aliqua consuluerint, vel ut consulerentur, alicui autores fuerint, vel eis sidem habuerint, severè animaduertant. Concil. Mediolan. 1. part. 1. Synodical constitutions from time to time, generally prohibited and condemned. CHAP. XI. Of the unlawfulness of such Lots. § 1. NOw of these extraordinary and divinatory Lots before mentioned (for such all of them were) some were lawful, some were unlawful; but none of them are now lawful. Those were lawful that were used a Deo vel palam iubente, vel intus instigante. Riber. in jon. c. 1. either by express word and warrant from God, as that b 1. San. 10.18, 19 Consultoria divina fuit. Malder. de superstit. c. 7. dub 9 used by Samuel for the election of Saul; and c Iosh 7.14. jussu Domini. Lavat. iustinctu peculiari factum. Calvin. in josh. c. 7. that used by josuah for the discovery of Achan; or by special instinct of the Spirit of God; as it is certain of d Act. 1.14, 15, 24, 26. Divina inspirations factum. Panormit, ad decr. de sortileg. that that was used by the Apostles for the supplying of judas his place; and it is f Credibile est petitionum have natam ex instinctu Dei. Muscul. in Genes. probable, yet questionable, (for g Ergo parism solidè lunius; Reieventꝰ declarat non superstitiosa divinatione, sed divino instinctu motum ut hoc sibi signum prop neret. Et Zuingl. Patet pet●tionem servi suggestionem suisse spiritus Dei, Quomodo alicqui tam exactè peteret, quod Deus tam citò faceret? Et Paraeus, Eleazaru● eventus à culpa liberat. the event of it proveth not the point, no more then in some h 1. Sam. 6.7, 8. & 14 38. Ezec. 21. 19 jon. 1.7. others that have had the like success) of e Genes. 24.12, to 26. that used by Eliezer Abraham's servant; and of i 1. Sam. 14.6. prophetico spiritu dixit, aut quod ita animus praesagiret. Vatabl. divinitus intellexit, quo Deus sermons eorum dirigeret. Mart. that used by jonathan and his Armor-bearer, paralleled usually with it: which though approved in them, yet are k Privilegia singulor●̄s non pessunt legem facere communem. Hieron. in jon. c. 1. & Beda in Act. c. 1. Exempla sunt hac singularia & praecellentia de quibus no● possunt certa regula praeseribi. Luther. & Paulus ab Ei●zen in Gen. 24. Peculiaria sunt ista, nee in exemplum trahenda: legibus vivendum est, non exemplis. Lavat. in I●sh. 7. Sanctorum facta heroica sunt supra regulam: nec à nobis in exempl● un trahi debent. Bart. Krakevitz in jon. 1. not to be imitated of us, because they are extraordinary examples, and such as are beside rule; and therefore are no precedents or patterns to us, who must walk by ordinary precepts, not by extraordinary practices. Those were unlawful that were done without either, whether the event were expected from the true God, as in the Lot used l 1. Sam. 14.41. by Saul that lighted upon jonathan; or from false Gods, Devils and Idols, as in that used m 1. Sam. 6.7. by the Philistine Sorcerers and Soothsayers; that used n jona 1.7. by the Mariners for the discovery of jonas; that used o Ezech. 21.19. by Nebuchadnezar in way of consultation for the siege of jerusalem, and that used p Ester 3.7. by Haman for the destruction of the jewish nation. Of which some took effect indeed accordingly, as q Ezech. 21.23, 24. Nebuchadnezars' lottery for his journey and expedition against jury, God framing the event of it to his desire, for the effecting of his own will in the punishment of that people; and so likewise in those Lots cast r jona 1.7. upon jonas and s 1. Sam. 14.41. jonathan: Sometime they took not effect, as in t Ester 9.1. Hamans' lottery for a fit time to destroy the jews, where God turned the event to a clean contrary issue, and made that day the downfall of him and his, and other the enemies of his people, which the Lot had assigned for their destruction by them. For howsoever some u Vise Gl●ss. ad c. 24. q. 3. Martyren ad 1. Sam. c. 6. & Paul. Palat. ad jon. c. 1. grave Authors stick not to say, that some of these latter were done by divine instinct: and it is true indeed that God hath a secret hand and power and providence in directing and ordering all projects and purposes both of good and bad: yet we cannot safely say, that there was such a special and immediate instinct, as in some of the one that made their actions warrantable, so in the other whose courses were unwarrantable in them. And the difference herein is this, that 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato Apolog. Multa praedicuntur instinctu quodam impulso spiritu nescientium Aug. de trinit. l. 4. c. 17. the one speaketh and 2 Non sunt operis divini conscij. Bern. de great. & lib. arb. worketh at random, as x joan. 11.51. Aug. ibid. & contr. Faust. l. 16. c. 23. Et in Leuit. q. 49. Etian per acerrimum hostem nescientem quid dixerit, insignem protulit prophet●ā. Caiphas did sometime, y Agunt quod vult Deus, sed non volunt quod v●lt Deus. Bern. de great. & lib. arb. not intending or regarding any such divine motion or direction, howsoever God secretly direct the business they dea●e in and their actions therein, to such event as he seeth good himself: whereas in that special instinct that maketh an act warrantable, the party employed in it by God knoweth it and understandeth it to be such, and z Et agunt quod vult Deus, & volunt quod vult D●us. Bern. ibid. concurreth with God as well in will as in work, as well in intention of his end as in execution of his will. Now the former alone will not serve to justify an action, 3 Comes, non causa. not so much built on it, as accompanied with it; no more than 4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Act. 4.28. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Act. 2.23. God's secret counsel or purpose, his predestination or pre-ordination will acquit the cursed jews from sin in the crucifying of Christ. None of them are at this day lawful to us; neither do either of those kinds afford us warrant for the like: the former being a Admiranda, non imitanda. Martyr in 1. Sam c 14. to be admired as marvelous, the latter to be abhorred as superstitious; and neither of them to be now adays imitated of us; because neither have we any such warrant, as the one had; neither may we do aught without warrant or against warrant, as the other did. § 2. So that the point we propound concerning these Extraordinary and Divinatorie. Lot's is this, that b Sorts divinatoriae toto genere sunt i●●citae. Malder. de superstit. c. 7. dub. 9 Casetan. sum. Peucer. de divinat. K●●kcu●tz in jon. & alij. It is not lawful, (without express warrant or special revelation from God) to use Lots, either for the discovery of any hidden truth, or for the foretelling and presaging of any future event: for the discovery of any hidden truth, as to tell where treasure lieth hid, to discover a theft, to recover things lost, and the like: or to foretell things to come, as what fortune in general a man shall have, which by fortunebookes is sought into, or what success he is like to have in some particular affairs, as in matter of marriage, in going to war or to sea, journeying by land, or the like: under which head are comprehended all c Consultoriae equi ac divinatoria illicitae. Malder ibid. Et Delr. mag. disq. tom. 2. l. 4. c. 3. q. 7. §. 4 Ordinariè illicitae. Io. Buscus ad Bles. epist. 30. Consultorie Lots, with the rest therefore alike condemned. For first God himself in his word hath expressly forbidden all such kinds of divination, and this of Sorcery or lottery (for d Vise supra Chap. 10. §. 9 so that word signifieth) by name among the rest. To pass but lightly by that place in e Leuit. 19.26. Leviticus, though of great and sufficient weight in this point; wherein God inhibiteth his people to use Sorcery, and some other superstitions like it: In the book of Deuteronomie he reckoneth up the same amids many other detestable and abominable courses, which practised by the Heathen, whom he then threw out, he prohibiteth his people to have any dealing withal. f Deut. 18.9, 10, 11, 12. When thou comest, saith he, into the land that the Lord thy God giveth thee, do not learn to do after the abominations of those Nations that God casteth out before thee. Let none be found among you, that maketh his son or daughter pass through the fire: a foolish ceremony, as g Moses M●im●●is scribit solitos Ám●rraeos foe●us ex viero recentes per fl●mmam transmittere, qua ratione à calam●tatibus liberati miri nod●bant: quam & superstitionem à nutricibus in Aegypto adhibitam se vidisse. Bodin. d●monoman. l. 3. c. 5. Qu●m & ●●rem infantes puerosque p●r ignemtraij●●endi aue● runcationis ac lustrationis ergô, ad sua usque tempora permansisse testatur Theodoret. apud Glycam annal par. 2. ●it à Tartaris etiam usurpari Lyra ad Deut. 18. Sic vulgata Deut. 18.10. Qui lustret filium aut fi●iam suam, ducens per ignem. De bis lustrationibus Christianus in terd●ctis in Concil. sub Martino Papa apud Grat. c 26. q 5. exponunt Lyra, Wolfius, Strigel. & alij: sed & p●aerique illud 2. Chron. 33.6. many take it, used of Heathen to purify their children and preserve them from perils of spells and witchcraft, as they supposed, by making them pass between two fires, or by drawing them hastily through the flame of the fire; though h Calvin. in Pentateuch. de pracep●. 1. Et Vatablus: Seà & Me●ter. ex Leuit. 18.21. sic interpretatur loca ill● 2. Reg. 16.3. & 21.6. & 17.17. & 2. Paralipom. 28.3. & 33.6. others expound it of burning their children in sacrifice to Idols and Devils, which in imitation of i Deut. 12.31. the Heathen some idolatrous k Psalm 106.37, ●8 I●rem. 19 5. Ezech. 16.21. & 20.16, 31. jews also did: l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Septuagint. Deut. 18.10. 1 Sam. 15.23. & 28.8. 2. King 17.17. Num. 22.7. josh. 13.22. Or that useth any kind of divination; for the discovery of hidden truths, or the foretelling of future events, without the compass of man's natural skill: There is m Omn● genus divinationis diabolicae interdicitur. Procop. in Octateuch. the general, the several sorts whereof after ensue, this particular that we purposely deal with among the rest, and of the same nature and stamp therefore with the rest. But let us view the particulars. The first of them is n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Deut. 18.10. Mica 5.11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 idem Esai 2.6. jerem. 27.9. & foemin. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Esai 57.3. à verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ● Reg. 21.6. 2. Paral. 33.6. & Leu. 19.26. a o Genen. ●ralatio. Regarder or p Regia Biblia. observer of times: one ●hat useth such observation of times as hath no ground in nature, q A 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod tempus constitutum significat, qui horas & tempora computat. R. Aquiba. ut fac●unt Astrologi, qui huns diem inauspicatum, illum faust●m praedicant. Munst, ex Rabbin. precept. neg. 53. & R. Achi●●as apud Pic●m contra Astrol. l. 1. & R. Salom● teste Livel. Alij à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod nubem significat, qui ex vario ●ubium si●u mot●ue futura praesagit. Aben-Ezra in Leuit. ex nubibus conijciens. Vatabl quod aerem nubium sedem exfider● inspection superstit●●●è obser●ent. Lau in 2. Par. 33. Planetariis. jun. Deut. 18. Alij denique à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod locum significat quod siderum stationes considerent. Calvin. ad Pentateuch. accounting some days lucky and some unlucky or dismal days, as our common Almanac-makers do, and as other superstitious people, that have an idle conceit of Childermas-day, as they term it, as an unlucky day to undertake aught on all that year, and the like: though some expound it r A 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod oculum significat praestigiatorem R David ex communi Doctorum sententia. & jun. in Leuit. 19 vel à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 obnubilare. A●euat. Nec desunt qui à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod est respondere deducant, (it●●●din d●mon●●an. l. 1. c. 6.) sicut hari●lus quasi fariolus ab effatis dictus est. Livel. apud Heidon pro Astrolog. of juggling, or deceiving of the sight by casting a mist before men's eyes. The second is s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Deut. 18.10 à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 conijcere. Leu. 19 26. 2. Reg. 17.17. & 21.6. unde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sortilegium Num. 23.23. & 24.1. a Sorcerer, or a t Coniector. ●●n. qui ex fort●itic futura diui●at. Detr●o mag. disq. iom. 1. l. 1. c. 2. Sor●ilegus. Peucer. de divinat. & Bodin. daemonoman. l. 1. c. 6. qui tamen a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 supputare, ineptè deducit. Nam quod Reg. Bibl. an Enchanter, idem est pla●è quod Charmer vers. 11. forsan quia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 serpentem significat, qui carmine magico vi●ciri creditur: sed ob called it atem potius Gen. 3.1. s●rpenshine dicitur, Mercer. Calu. ad Pentat. Coniecturer; one that u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Delr mag. disq. tom. 2. l. 4. c. 2. q. 7 § 3. & C●saub. ad Sp●rt. by casting of Lots, as * Ester 3.7. ●ecit. s●it. sortilegus, Drus. Haman did; or x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hier. in Ezech. by drawing arrows out of a quiver, as y ● Zech. 21.19.20. mis●●ns sagi●tas. Vulg. some think the King of Babel did; or z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Theo●r. idyll 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Scholar by a siue, as the Gentiles had wont to do, and it is 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lucian. ● s●●domant. Vise Er●s. ●hil. 1. cent. 10 ●●ag. 8. a byword in their books, and as many superstitious ones among us yet do; or a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud Artemidor de insomn. l. 2. Casaub. ad Spartian, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. D●l● ubisup. Hinc Propert l 4. eleg. 8. Me qu●que per talos Venerem quarente secundos, Damnosi sempesub●●uere canes. by throwing of dice 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per calcules. Cardan. de ●●r. ex Arte●io c. 91. or stones or bones; or b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Casaub. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Delrio & Peucer. by opening of books; or c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & G●●mantia. ●●●cer. & Delrio & Fr. Picus de praenot. l. 6. c. 3. &. Georg. Pictorius de mag. c. 8. & jul. Sirenius de fatol 9 c. 38. per figural & characteres. R. Abraham. by marks and figures made in the dust or in ashes, or the like in writing drawn and done out at adventure; or by d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, de qua expon●nt illud Hosh. 4.12. post Cyrillum Theophylact. post Hicronymum Montan. & Riber. sticks, or e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Peucer. & Delrio. & B●din. leaves shuffled and severed, or left to the wind; or f Vt qui signa sibi praestituit, ut dicat, si eue●erit sic vel s●c, faciam, sin minus, non faciam. Munster, ex Rabb. ad precept neg. 51. Latius R David, quem vice in radic. & Fagius in Leuit. by any other such casual course undertaketh to conjecture and guess at things hidden and secret. The third is g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Deut. 18.10. Malac. 3.5. & D●n 2.2. qui & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jer. 27.9. & foem. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Exod. 22.18. quae & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Na●em 3.4. a verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. Paral. 32.6. a Witch; one that h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Septuagint. mal●ficus, Vulg. veneficus. De quo genere Lucan. bell. Phars. lib. 6. Hora●. epod. lib. 5. Cardan. de variet. cap. 10 & alij. by hurtful confections doth mischief; or i Praestigiator. jun. ubique. Mutantes aliquid naturale ad aspectum oculi. R. Abraham, & David K. & Munst. precept. neg. 55. by flight and collusion seemeth to alter the nature of the creature, and so to work miracles; as those Egyptian Magicians did, k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Exod. 7.11. l. 2. Timoth. 3.8. jannis meminit & Plin. hist. nat. l. 30. c. 1. cui Mambrem adiungunt Talmudici, & vulgata. jannes' and jambres, and sundry m Matth. 24.24.2. Thess. 2.9. Apoc. 13.13, 14. false Prophets in these latter times under the kingdom of Antichrist have attempted to do: for to this head rather would such jugglers be referred then unto that former. The fourth is n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sept. Deut. 18.11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Esai 47.9, 12. a Charmer or an Enchanter, (for these two be the same) one that useth spells and charms, or characters and ligatures, o Psal. 58.6. quod & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicitur Eccles. 10.11. & jer. 8.17. Frigidus in pratis cantando rumpitur anguis Virgil. Eclog. 8. Vipere as rumpo & verbis & carmine fauces. ovid. metam. lib. 7. Serpent's ex●ral, i cantu cogique in poenam. Pliu. hist. nat. l. 8. c. 16. incantari contrabique Marsevum cantu, non pauci credunt. Ibid l. 28. c. 2. for the enchanting of Serpents, p Hinc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, amuleta, etc. qu● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dici Iunius antumat Esai 3.20. preventing of harms, r- 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.- Homer. Odyss. T. ubi Autolyci filios Vlyssi, non Vlyssem, ut Plin. lib. 28. cap. 2. sanguinis proflwium carmine inhibuisse refer●. staunching of blood, s Carmine extent contra ambusta, & varia morborum genera. Plin. l. 28. cap. 2. assuaging of swellings, and the like; courses merely superstitious, and such saith the Heathen man, as t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sophoel. Aiace. Incantationem negat esse medicinam Ulpian. Digest. l. 50. tit. 13. l. 1. no wise Artist will use, his cure requiring an other course. The fifth is u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pythonem requirens. Deuteron. 18 11. 1. Sam. 28.3. 7, 8, 10. quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Act. 16.16. a Consulter with Spirits or with Familiars: one that dealeth directly and immediately with the Devil, as the other all deal indirectly with him, or work mediately from him; using his help either to hurt or to heal, to tell or to foretell aught. The sixth is * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Deut. 18.11. Leu. 19.31. & 20.27. à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod est scire, quasi periti, rerumqus reconditarum scientia omnimoda instructi. Wolf. in 2. Reg. 21. nam quod de 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one, v● Pagnin. bestia, ut Mercer. garriunt K●mchi, & Talmudici at precept. neg. 39 fabulae sunt purae pu●a. a Wizard, or a Wiseman, as they term him, a soothsayer, or a Fortune-teller; one that by x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, augurium, & ●●spicium. the flight of fowls, or y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quem oscines au●s faci●ban●. shreiking of birds, z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ●rus●●ina, exti●picium. or entrails of beasts, than which nothing was more usual among the Gentiles, professeth to foretell future events. To which purpose it is reported that Ex Hecat●i hist. jud. Euseb. pr●par. evang. l 9 when Xerxes had sometime made his army stay while his Wizards observed the flight of a foul, a jew in the troup understanding it, shot the foul stark dead, and then asked how the foul could tell what should befall them, which had it foreknown what was to befall itself, would not have flown that way at that time. But to return to the text. In the last place come d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Deut. 18.11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Suid. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hesych. ubi mortui di●inare videntur. Aug. deciui●. Deil. 7. c. 35. & quatota in mortnorum inquisitione versatur. Io. Sarub. poliet. l. 1. cap. 12. Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad Acherontem ●. Thespro●i●um. Herodet. lib. 5. quem vice s●●▪ those that ask advice of the dead: that e Esai●. 19. go, as the Prophet speaketh, from the living to the dead, f 1. Sam. 2●. 8, 11. Jude Homeritota 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: inde Appij nostri 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 si●e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Iud● in vicinia nostra Auernilacus, unde anim●●●citantur obscura umbra, aperto ●●io Alti Acherontic. Cicer. Tuscul. l. 1. & dedivin. l. 1. Sed & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tyrius Max. serm. 26. consulting with those that raise up the souls of the deceased, as the Devil beareth men in hand, and maketh many believe. So that all these courses are there joined together, as they hang all on one string, and they are all alike prohibited and condemned by God, as being practices that g jevit. 19.31. pollute all that use them, if not in body, yet h 2. Cor. 6.14, 15, 16, 17. & 7.1. in soul; and that make them abominable, if not in man's eye, yet in God's sight. So saith the text expressly. i Deut. 18.12. For all that do such things are abomination to the Lord thy God: who will k Deut. 18.14. not therefore suffer any of his to do so. What could be more plainly or pregnantly spoken for the condemning of these courses, and for the removing of that objection, which men commonly make? to wit; What hurt is there in these things? What evil is there in a spell or a charm, as long as there is nothing but good words in it? or what harm can there be, in casting of Lots, or in drawing of cuts, or in pulling an a-row out of a quiver, in holding a siue between two hands, making a child run between two fires, breaking a bone between twain, and the like? Yea but, saith God, these be courses that I utterly abhor, when they are used to these ends; and all that so use them, or have dealing with them, by causing such things to be done by others for them, are not abominable only, but even abomination itself in my sight. That which should be a sufficient argument to us, to make us * Psalm. 97.10. Amas illum? debes odisse, quod odit. Aug. ibid. if we do sincerely love him, to hate and abhor them, albeit we could see no hurt or harm at all in them. § 3. But that we may the better conceive the cause why God thus forbiddeth and abhorreth these courses: (for it is not without special reason ordinarily that God enjoins or inhibites aught:) let us in the next place more particularly consider the manifold evils that are in these practices: whereby it shall evidently appear, that men make themselves guilty of Curiosity, of Superstition, of Idolatry, of Presumption, of diabolical Impiety, and of high Treason against God's majesty. First of l Sacrilegae curiositatis vitium; nefariae curi●sitatis ars. Aug. ci●. Deil. 10. cap. 9 haec omnia (coniectura decept●ria humanis suspicionibus ab hominibus in stitutae) plena sunt pestiferae curiositatis, cruciantis solic●tudinis, mortifera servitutis. Idem de doctr. Christ. l. 2. c. 24. Curiosity: For it is a point of vain, yea of m Impietas est e● velle scir● quae pater in potestate sua posuit. Gerson de ●●ror. Mag. impious Curiosity to inquire into those things that God hath concealed and kept in his own power: in which regard therefore n Act. 1.7. our Saviour reproveth his Disciples when even by lawful means they inquired into things of that nature; as also o joan. 21.22. he rebuked Peter by name for being over inquisitive in that kind. But where God hath denied men ordinary means of discovery, there doth he reserve and keep things in his own power; concerning which therefore that rule of God's Spirit holdeth, p Deut. 29.29. Things concealed belong to God, things revealed to us. So that though they be things that concern us, and might be of some use to us, if by ordinary means and direct courses we could come to discover them; yet when God hath either so concealed, or suffered them so to be concealed from us, that by ordinary courses they cannot be discovered, it is not lawful for us to seek to come to notice of them by extraordinary means; (no more than it was for our Saviour Christ as he was man, and q Galat. 4.4. made for us under the Law, r Matth. 4.3. to seek to his Father to have stones turned into bread, when food failed him:) but s Contenti nos illis debemus esse, quae nobis Deus aperir● dignatus est: reliqua nec per sorts, nec per alias superstitios as arts viasue qualescunque investigare debemus. Lavat. in Proverb. cap. 16. we must be content with the good pleasure of God, and rest satisfied with so much as by lawful means may be known, unless we will make ourselves t Curiositatis illicitae rei. Krakevitz in jon. c. 1. guilty of unlawful Curiosity. And in this regard are the Arts that tend hereunto called u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Act. 19.19. Curious Arts; the books whereof the good Christians at Ephesus that had professed them before, burned afterward in token and testimony of their renunciation and condemnation of them, upon their conversion to Christ. Which place of the Evangelist howsoever it may be understood of * Sic enim Dion. Chrysost. orat. 80. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Et Tertull. de idol. In officium, in ministerium alienae idololatriae aliquas artes adhibuit curiositatis. some other curious kind of craft or mystery tending to the furtherance of Idolatry: yet x Sic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quadam vocat damnatissimas arts. Syrus & Arabs Magorun nomen expressit. Beza. Idem & Chrysost. in Act. hom. 41. & Theophylact. in Oecumen. & Beda & Caietan. etc. most interpreters, or all generally, expound it of this kind of curious Arts applied to Divination; which (as Heathen stories also testify) were so frequent at Ephesus, and so famous, that the y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diog●nian. in adag. Pausan. lexic. rhetor. Suid. Hesych. & Andro●ydes Pythagoraeus ●pud Clement Alex. storm l. 5. qui & 6. magica vocabula fuisse asserit: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et exp●sitionem subiung●t mysticam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Spells of Ephesus were become a common byword. z 1. Sam. 6.19. It was death for any man to look into the Ark, or 1 Num. 4.15, 20. but to peep into the holy of holies. And as it is sin for a man to search and pry into what God hath concealed; so to search by such courses as he hath not warranted; or to search into such things, as it is therefore apparent that he hath concealed and would have hid from us, in that he hath taken away all ordinary means of discovery, and offereth not extraordinary means of himself: which howsoever we may accept, yea a Esai 7.12, 13, 14. we ought not to refuse, when God offereth and suggesteth them to us; for that were to contemn God; so we ought not to desire or request at God's hands, much less frame them to ourselves, when God shall not see good so to do; for that is manifestly to tempt God. b Esai 59.21. & 30.21. God hath promised his people his Word and c john 14.26. & 16.13. 1. joh. 2.27. his Spirit to direct them, and to d Deut. 18.15, 16. Ephes 4.11, 12, 13, 14. jerem. 3.15. Hebr. 1.1, 2. raise up Prophets, as occasion shall be from time to time to instruct them, e Siqua nobis cognitu sunt necessaria, per spiritum pronunciabit. Tho. de sort. c. 4. Omnia nobis ad salutem necessaria Deu● per o● Prophetarum & Apostolorum, Filijque sui inprimis revelavit. Lavat. in Prou. c. 16. in whatsoever shall be necessary or needful for them to know: so that they shall not need to seek to such indirect courses, as can neither probably nor profitably acquaint them with his will, being taken up beside and against his will. § 4. Secondly such courses make the users of them guilty of f Superstitiosa instituta sunt molimina omnia artium magicarum. Aug. de doct. Chr. li. 2. c. 20. Superstition. For what is Superstition but g Superstitiosum est quod causam habet nec naturalem, nec humanam, nec divinam. Thom de sort. c. ●. Superstitio est quando quis ●e aliqua ad aliquid utitur, ad quod virtus aut vis e●us naturalis extendi non potest. Ibid. Siest in ext● vis aliqua quae declaret future, necesse est came ●utcū rerum natura esse coniunctam, aut confirmari quod ammodò numine de●rum vique divina. Cic. de divin. l. 2. to ascribe that to a Creature, or to use a Creature to that end, which it hath no natural power and efficacy unto, or whereunto it is not by any divine ordinance enabled. But in these cases is a Lot applied unto that use, and that virtue ascribed unto it, which it neither hath by any natural power of it own, nor hath received by any ordinary ordinance of God, nor can achieve by the will or power of the Vser joined with it. For herein is the difference between the former Divisory, and these Divinatory Lots; as also between those special ones used at God's express appointment, and these; in that the former were applied to no other ends than Lots have power of themselves io●ned with man's will and consent to effect; the latter likewise to such as they had power to effect by virtue of God's covenant or appointment joined with them. For example: a Lot hath a power of itself to light uncertainly, and yet certainly in some sort; uncertainly, because indefinitely, for it is in possibility to fall divers ways: and yet certainly in some sort, because it can light actually but one way alone: this power it hath naturally of itself; but beside this power, from the will of men and their mutual consent it may receive further power to arbitrate such things as they have power to dispose of. But neither hath a Lot any power of itself, neither can any man by his own will, or many men by their mutual consent give any such power unto it as to make it light so that it shall necessarily discover somewhat that is hidden and secret to them that so use it: and therefore so to use it is mere superstition. Again a Lot may have power by God's will and appointment to reveal and discover some such matter, and it had so in the lawful Lots extraordinary before mentioned. But in these we now deal with, there is no such appointment or agreement of God between us and him; and therefore they can not be sure to have any such power now from him. To make that we say by instances more evident: Water hath a natural power to wash and to cleanse the body, and men may use it therefore to that end. But to be a h Rom. 4.11. sign and seal of God's covenant of grace, that it hath not but by i Matth. 28.18. Mark. 16.16. special appointment from God, and therefore may not to that end be used of any save * 1. Cor. 12.13. Galat. 3.27. those alone that are in such covenant with God. k Psal. 104.15. Bread likewise hath a natural power to nourish man's body, and yet not that neither, unless a man receive it and retain it and concoct and digest it. But m Matth. 26.26. 1. Cor. 11.23, 24. to be a Type of Christ's body, that it hath from his institution only; without out which no power or skill of man could make it to be such: else why might not a piece of flesh do as well as a bit of bread? and n Exod. 12.3, to 9 Leuit. 1. & 4 & 16.15. 1. Cor. 5.7. Coloss 2.17. that was once, but now is not, a Type of Christ's body, because there was an ordinance then for it, whereas now there is none. Again o Luk. 10.34. the Samaritan is said to have washed his neighbour's wounds with wine and oil mixed together. But our Saviour Christ p john 9.6. cured the Beggar that was borne blind with clay tempered with spittle, and q Mark 7.23, 35. another that was both dumb and deaf too with spittle alone. * Agar●●um & Scammoniam sumere nulla lex vetat: superstitiosis applicaturis ac magicis precaminibus uti vetat Christiana pietas Erasm. ad Pseudevang. The one hath warrant to be used still, because it had and hath still such power from the nature of the creature; and therefore it is not superstitious: whereas the other can not with any good warrant be now used, because it had his power then not from the nature of the creature, but from the special will and pleasure of the Creator; which power therefore ceasing with his pleasure then, to use the creature now to that purpose were merely superstitious. In like manner here to use a Lot unto that which of itself it hath a natural power unto, or by human help it may have power to effect, is not in that regard unlawful: But for a man to attempt to do that by a Lot, which neither by any natural faculty, nor by any human institution it hath power to perform, where there is no ordinance of God enabling it, is mere superstition. § 5. Thirdly those that thus use lottery stand guilty of Idolatry. For what is it but Idolatry to ascribe that to the Creature that is proper to the Creator? But r Di●ini dicuntur qui futura praenoscere profitentur, quasi sibi attribuentes, quod proprium est Dei. Thom. de sort. c. 2. Haec omnia vitio●a sunt, quia quod est Dei creaturis tribuitur. Martyr in 1. Sam. c. 14. in such cases is that ascribed to the creature that is proper to the Creator, namely s Esai 41.22, 23. to foretell tell things future without the causes or grounds or natural signs of them, such as the Lot whereby they are foretold hath no connexion or congruity at all with. For t cum futura pendent ex causis certis & necessarijs, non pertinent ad divinationem interdictam: ita Solis, Lunaeque praeticuntur defecti●, etc. quae autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 solent evenire, possunt ex causis probabilibus praevideri, ut mors morbusue à medico. Contingentia verò quae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicuntur, & in utramque paertem aequè propendent, non praevidentur nisi à Deo solo. Martyr in 1. Sam. c. 14. whereas we sorted Events before into three ranks; some necessary, that keep in a constant course naturally; some contingent and not casual, that fall out for the most part alike, though they vary now and then; some Contingent and Casual, that are altogether uncertain, as the causes also are, whereupon they depend: The first sort, as the Eclipses of the Sun and Moon may be certainly foreknown and foretold, because the causes of them are constant and certainly known of us; the second sort also, as disease and death in some cases may with some good probability be preconiectured and guessed at by those that are well seen and experienced in the signs and causes of either: but the third sort depending upon causes utterly uncertain and unknown unto us, cannot be foreseen or foreknown, and therefore not foretold certainly but by God himself alone. And u Quae praesentiri aut arte, autratione, aut usu, aut coniectura possunt, ea non divinis, sed peritis tribuenda. ita relinquitur, ut ea fortuita divinari possint, qua nulla nec arte, nec sapientia praevideri possunt. Cicer. de diuin l. 2. in this third sort of Events alone is this kind of Lot conversant, which no wit or skill of man is able to foredetermine or foresee. This kind therefore of Lot Divinatory and Divination by lottery is not only, as the Canon justly chargeth it, * Sors fidelibus prohibetur, ne sub specie divinationis ad antiquos idololatriae cultus rediret. Gratian. c. 16. q. 2. quia propter affiduitatem proclivis est lapsus in idololatriam, sicut à juramento ad periurium. Gloss loam ibid. a step to Idolatry, but even x Sortilegi & divini sunt excommunicandi ● est enim genus quoddam culturae idolorum ex daemonum consultationibus futura praedicere. Sicut enim avarus quia cultu● Deo debitum numino impendit, idolorum cultor ab Apostolo nominatur Coloss. 3.5. sic qui futura praestigijs quibus●ibet invenire laeborant, divinitatis iura creaturis attribuunt. Futura eni● praescire solius Dei est, Esai 41.22, 23. Cultores verò idolarum à fidelium communione separandi s●nt, 1. Cor. 5.11. Grat. c. 26.9.5. a spice also of Idolatry and sacrilege itself, robbing God of that that is his proper due, and attributing that unto the creature that is peculiar to the Creator. § 6. Fourthly such lotting maketh men guilty of presumption against God. For whereas some, it may be, will say: Yea but we expect not the event when we use Lots on this wise from the creature, but from God himself the Creator. I answer those that so say: It is impiety and presumption for any to do so. For what is this but a tempting and a stinting of God? what is it but a prescribing of God what he shall do? It is not therefore true nor sound that some say, that y De buiusmodi futuris licet per modum consultationis divinum requirere judicium. Thom. de sort. c. 5. Si quis per sortium proiectionem divinum requerat judicium, non est secuntum se peccatum. Ibid. Non est peccat●m sortibus à Deo requirere cum reverentia, quando inveniri nequit qu●m quaeris. Paul. palate. in jon. c. 1. men may by Lots require an immediate sentence from God in some cases, so it be done with some cautions; and z Cum non superest h umanum auxilium, tunc ad divinum per sortes recurrere licet. Gloss. ad Gr. c. 26. q. 2. Vbideest humanum, potest & debet absque temeritale divinum auxilium etiam miraculosum expectari, v. g. misses sortibus. Gerson de pace consid. 4. an extraordinary, yea a miraculous hand of God may therein be expected, where human helps fail: as if it were * Cavendum tamen ne nimis citò ad sortes veniamus. Vtendum prius De● donis, spiritu, verbo, ratione: nee sortiendum nis● necossitas cogat. Neque verò periculum est ne Deum tentare videamur: is enimest qu● sorts dirigit. Martyrin 1. Sam. 10. then only unlawful for men to use Lots in this manner, when there is no necessity urging and enforcing them thereunto. For, to argue from a Deum tentare est de eius providentia, sapientia, voluntate periculum facere, idque cum non est necesse: in quo ●●bus mod●● peccatur. Primum quia non est fides: deinde quia curiosèfit, cum necess●● as nulla exposcat. Idem in 1. Sam. c. 14. that which one of those Authors himself layeth for a ground of his opinion in this point; b Rom. 14.23. ide● rectè Origen, Vbi ex fide integra & oratione praemissa for'rs ducitur, ca quae voluntas Dei continet in occulto, s●rs hominibus declaration man●feslo. In josh. homil. 23. Where no faith is, the act done cannot be free from sin. But there can be no faith here; because no ground or warrant out of God's word: (and faith without ground is no faith but a fancy; it is but a mere presumption where there is no promise:) God having no where promised by such extraordinary courses to work for us or relieve us either in the one case or in the other. Beside, as the Heathen man sometime said though to an other and an evil purpose, c Miserum est in necessitate vivere: sed in necessitate vivere necessitas nulla est. Senic, epist. 12. It is a miserable thing for a man to live in necessity; but there is no necessity at all for any man so to live: So say I here, It is an hard case for a man to be driven to that straight, that he must of necessity betake himself to such courses: but d In divinatoria sort non videtur praedicta necessitas occurrere. Thom. de sort. c. 5. there is no necessity at any time that so he should do. For what necessity speak they of that should warrant such a course? If absolute necessity; there is none such: For there cannot be any case possibly put, wherein a man is so straightened, that he cannot avoid it, but that of necessity he must do it. If conditional necessity, that either a man must do it, or he must sustain damage, yea or he must die if he do it not; yet here is no such necessity as may justify such an act. For it is not only a tempting of God, as some have described it, e Hinc etiam in ipsa religione Deus tentatur, cum sign: f●igitantur non ad salutem, sed ad experientiam. Aug. confess. l 10. c. 35. & de vera relig. c. 38. Quasi interpretatiuè D●um tentat, qui aliquid perit vel facit ad nihil aliud utile nise ad probandam Dei potestatem, vel bonitatem, vel cognitionem, etc. quandò ergò propter aliquam necessitatem seu utilitatem committit se aliqu●s divino auxilio in suis petitionibus vel factis, ho non est Deum tentare: quando verò hoc agitur absque necessitate & v ilitate, bocest De. tentare. Thom. sum. par. 2a. 2 c.q. 97. a. 1. when a man requireth some extraordinary work of God for his pleasure, or to make trial thereby what God either can or will do, when there is no need to have aught done: but for a man to require some extra-ordinary work of God even for his profit or his safety as well as for his pleasure without special warrant from God so to do, is likewise to tempt God: As Esa●. 12, 13, 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Homer. Odyss o', Et Iliad. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. not to admit it when God offereth it in such case, is to neglect and contemn him: so to require it before he offer it, is to tempt and to stint him. The jews are said to have tempted and stinted God, not then only g Psal. 78.17, 18, 19, 20. when they required to be fed with flesh having other food sufficient already, but even then also h Exod. 17.1, 2, 7. when they required to have water by miracle, what time they were ready to perish for thirst, and had nothing else to drink. And how much more than is it * Deniq●e praefigitur ibi terminus divinae omnipotentia; praestituitur modus, quo quasi compe Ilatur operari divinae sapientiae; statuitur finis divinae bonitati & clementiae. Nam quid aliud sonant traditiones ista, fiant illa & i●a, proveniet absque dubitatione effectus quem querimus, s●quidem reuelau●rit Deus eis ipsi viderint. nos scimus quoniam revelationes divinae non tales sunt, necprohibet Dius credere, quod dignatur revelare. Gerson de magic. error. part. 3. a tempting and stinting of God, when we prescribe him to work thus extraordinarily for us, for the recovery of some trifling loss, or the discovery of a Thief? § 7. Fiftly this kind of lottery or Sorcery (for that is the right sense of that term) is no other than plain Witchery: and we find them therefore in i Deuter. 18.10. 2. King. 17.17. & 21.6. Scripture oft coupled together. For can we think that God will be at our command to work for us upon our pleasure, and as we shall appoint him, for the finding of a rag? No: it is the Devil indeed, not God, whom we work with, when either we deal so ourselves, or make use of those that deal in such sort. For whence sprang these courses? or 1 unde ista divinatio? q●is invenit fissumiecoris? qui● cornicis cantum netavit? quis sorts? Cic de nat. De●r. l. 3. Medicine rationem video: divinatio unde oriatur non intelligo. Ibid. whom were they brought up by? as, the finding out of a Thief by a key and a book, or a pair of shears and a five; of foretelling what shall befall a man by Fortunebookes, or by o pening of a Bible or any other book at all adventures, or by throwing of Dice, or by drawing of tickets. Are they any where found revealed in any word of God? or were they ever delivered by any Prophet of God? or are they grounded on any principles of reason and nature? or were they learned by any course of natural and ordinary observation? no such thing at all: but k Perniciosa & à Zabulo inventa at's s●rtilega & magica. Concil. Ancyr. can. 1. Vanitas haec magicarum artium extraditione malorum angelorum, qui per deceptos homines alios decipere guotidiè gestiunt, ut perditionis sua faciant participes. Aug. de ci●it. Dei apud Grat. c. 24. q. 3. they have been brought into use only the most of them, either directly by Satan, or by some limbs and instruments of Satan, by blind, superstitions and ignorant persous, addicted wholly to vanity and to ungodly curiosity. For 2 Legatur Tertull. dec●ronamilit. & de Idolola●r. as for those things indeed that have some ground in nature either for them or the use of them, it is not material of whose invention they are: they discover nothing but what lay hid before in God's work, and apply the Creature only unto that use, which God hath endued it with an ordinary power to effect. But for such things as require an extraordinary power either divine or diabolical to work together with them, being not able else of themselves to effect what is required from them, how can we better judge of such then by the first Broachers and Teachers of them? Yet to let the Authors and Masters of them pass for the present, & to turn the course of our speech, with a grave Writer, to some one of those that now use them. l Faci● contra sortilegos, magicos maledictos, etc. argumentum evidens apud omnes homines habentes bonum rationis iudiciam. Tu sortilege, qui promittis ista facere, aut hoc est per miraculum, aut per na●aram, aut per malam artem: non per miraculum, non per naturam; ergò per malam artem. De mala autem arte nunquam boni quicquam proveniet. Gerson serm. coram Rege Franc. part. 3. consid. 3. Ille effectus, qui n●que à miraculo, neque à causa naturali fieri cognoscitur, ut à seductorij● damonijs proueni●t consequitur. Idem de error. Mag. part. 3. Thou that by lotting professest to tell fortunes, or to find out a theft or a Thief; either thou must do this by miracle, or by nature, or by some evil act: By miracle (I am sure) thou darest not say; for thou art not a likely person that God should work miracles by: And, by nature, (I am as sure) thou canst not say; for there is no such natural efficacy in the creature thou usest. It must needs follow then that that is done that is done by some evil Art, and so consequently by the Devil the only Author and ordinary Assister of such Artes. In regard whereof it is truly inferred by all Divines generally, that m Opiniones istae dequibusdam rebus humana praesumptione institutis ad cadem ille quasi quaedam cum d●mnibus pacta & conventa referendae sunt. Aug. de dectr. Christ l. 2. c. 22. Omnes artes huiusmodi vel nugatoriae vel noxia superstitionis ex quadam pestifera societate hominum & daemonum quasi pacta infidelis & dolosae amisitiae constituta, Christiano penitus sugienda sunt & r●pudianda. Ibid. c. 23. Quae omnia tantis valent, qu●tum praesumptione animorum qu●se communi quadam lingua cum daemonibus (aedevata sunt. Ibid. c. 24. Per super stitiosas sortium inquisitiones vel quarumcunque divinationum pacta societatis cum daemonibus conir●huntur, quam nulli Christiano licet habere. Thom. de sort. c. 5. ing●runt enim se his damones, ut divinitatis praetextu homines in errerem inducant. Ibid. c. 4. Angelo's malos in artibus magicis omnibusque superstitiosis obseruationibus, quae nec rationem naturalem nec miratulum verum habent, ex pacto note vel occulto non est dubium operari. Gerson astrolog. theolog. propos. 21. Inire pactum cum daemonibus tacitum vel expressum est idololairia vel idololatriae & apostasiae species. Et intendimus esse pactum implicitum in omni observatione superslitiosa, cuius effectus non debet à Deo vel à natura rationabiliter expectari. Id●m de error. mag. part. 2. there is at least a secret, if not an open, league and commerce with Satan in the practice of such superstitions, (which n 1. Cor. 10.10. no Christian ought to have) whatsoever men may pretend, yea or intend in the use of them. For as the Apostle telleth the Corinthians that haunted the Heathens idolatrous feasts to please or pleasure their Heathen friends, that albeit in so doing they had no such purpose as to be in league and amity with Idols or Devils, yet o 1. Cor. 10.14, 15, 16, 17, 18, 19, 20, 21, 22. that very act of theirs was a kind of society with either: so here the very use of these diabolical courses, though many it may be intent nothing less in the use of them, is no other than a trading and a trafficking with Satan, p Amputari itaque & eradicari ab animo Christiano istiusmodi debent. August. de doctrina Christiana lib. 2. cap. 25. which even in that regard therefore all good Christians ought to abhor. So then, dost thou make inquiry into such things as God by ordinary courses refuseth to discover? thou becomest guilty of Curiosity. Dost thou use the creature to that purpose that hath no natural power thereunto? it is mere Superstition. Dost thou expect the event of it in that kind from the Creature that thou usest in it? thou committest gross idolatry: thou makest an Idol of it. Dost thou expect it from Satan? that is plain and evident witchery. Or lastly dost thou use only such superstitious courses as he or his limbs and instruments have been Authors and Broachers of, and which can have no efficacy of themselves without him and his help? whether thou do expect the event from him or no, even so also is it no better than Witchery; yea it is heinous impiety, and (which in the last place we now charge it with) it is high Treason against God's Majesty, which he therefore hath at sundry times punished most severely. § 8. For the further yet, and fuller manifestation whereof, let it be considered, that there are in this world q Act. 26.18. Coloss 1.13. two adverse powers, and two contrary kingdoms; the one of light, the other of darkness; the one of God the Creator, the other of the Devil his Adversary; who for that cause is called the r 2. Cor. 4.4. D●us mundi huius Diabolus, qui & mundi huius Princeps. joan. 12.31. & 14.30. & 16.11. Sic exponunt Tertull. contra Marc. l. 5. Aug. contr. Faust l. 21. c. 9 Ambros. & Primas. in not. Cyril. ad regin. & Scholar Grae. ex Cyril. quanquam de Deo universitatis vero, quem & mundi Deum appellat Tertull. de resurr. carn. & cont. Marc. l. 1. intelligunt Irenaeus contra Valent. l. 3. c. 7. Aug. contra Faust. l. 21. c. 2. Chrysust. & Theophyl in 2. Co r. 4. God of this word, that is, s Mundus pro malis mandi amatoribus, sicut joan. 17 9, 16. & 1. joan. 5.19. Origen. in Rom. 3.6. Aug ep. 8 & de divers 16. & alibisaepe. of the wicked of the world, because they place him in the room of God by following and obeying him rather then God. Now so opposite are these two powers and parties either to other, that t Matth. 6.24. 1. Cor. 10.21. 2. Cor. 6.14, 15, 16 he can not be a subject of the one that belongeth to the other; and he falleth from, and rebelleth against the one, that flieth or seeketh to, or hath aught to do with the other. As therefore when a Prince shall have proclaimed open war against some foreign foe, or rather when he shall have proclaimed some one of his Subjects a Rebel and a Traitor, yea such an one as he will never vouchsafe to pardon, or receive to grace or mercy again, and shall thereupon have prohibited and forbidden any of his other Subjects to resort unto him or to have any commerce with him, or with any of those that follow him and fight under his colours, yea shall have taken a corporal oath of each of them to that purpose; if any of his people now, notwithstanding this charge publicly given, and oath solemnly taken to the contrary, shall resort to such an one, and have intercourse with him, either directly or indirectly, with himself in person, or with those that shall deal between him and them, shall he not undoubtedly be held guilty for so doing of perjury and disloyalty and high treason against his Sovereign, and accordingly suffer, and that deservedly, as a perjured person, and as a Rebel and Traitor to his Prince? In like manner then here, our Sovereign LORD and Maker having u G●nes 2.15. Ephes. 6.12. proclaimed open war, as I may so say, against Satan, yea eternal hostility without hope of reconcilement, having pronounced him a Rebel & a Rebel irrecoverable, 1 2. Pet. 2.4. Jude 6. such an one as he will never receive again on any terms whatsoever, and therefore straightly charged and bound all his Subjects and servants by x In Liturgia bapt. & nustra & utters ut patet ex Cl●ment. constit. l. 7. c. 41, 42. Dionys. Areop eccles. bierer. cap. de bapt. Origen in Num homil. 12. Tertull. de spectac. deil●lol. & de coron. mil. Cyprian. de dupl. Martyr. Cyril. Hier. cat●ch. mystag. ●. B●sil. de Sp. Sa●ct. c. 11. & 27. Ambros. de sacram. l. 1. ca 2. & li. 2. ca 7. Chrysost. ad popul. Antioch. homil. 21. Higher nym. in Amos c. 6. Aug de symb. l. 1. c. 1. & de peccat. mer. & rem. l. 1. c. 34. a solemn oath under pain and peril of his perpetual displeasure, never to have any dealing, either directly or indirectly, either with him or with those that associate themselves unto him, either by seeking to him immediately, or by using such courses 2 Author horum & dispensator diabolus. Feucer. de divin. as he hath been the Author and Adviser of, and do require his helping hand; if any of God's people now shall be found faulty in any of the premises, must not such a one needs be held guilty of perjury and disloyalty and high treason against God's Majesty, and look to suffer accordingly as a Breaker of his oath, as a Violator of his vow, as a Forsaker of God and Christian religion, and a Follower of Satan and his accursed faction? Beside if when a Prince shall have disgraced or amerced one of his Nobles or other Subjects, and deprived him of goods or dignity for some offence upon some displeasure, or (as it may be) but to try how he will take it, and what course he will take in it; if the party so used by his Prince shall repair to such a Rebel to seek help against his Prince at his hands, and by his aid to recover such losses and damages as at his Sovereign's hands he hath sustained, could his Sovereign choose but take such an act exceedingly evil? yea were it not the next way to move his Sovereign to deal in like manner with him, as he had done before with the other, whom he seeketh to for succour; not only to proclaim him a Rebel and a Traitor, but even to deny him all hope of grace or favour again? Now Christian men know well all, (or at least they should know; and cannot but know, if they have read and observed aught in God's word) that there is y Amos 3.6. Lament. 3.37, 38. Esai 45.7. 2. Sam. 12.11. 1 King 11.14, 23. no evil befalleth any man in the world, be it loss of life, or health, or goods, or good name, (by what means so ever it be effected, or by what persons soever inflicted) but it cometh from God, z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. either 3 jam. 1.2, 12. & 5.11. 1. Pet. 1.7. & 4 12. Heb. 11.36. for the exercise and trial of his obedience and patience, or as 4 Psal. 1 19 75. jerem. 30.14, 15. Lament. 3.39, 42. a punishment justly laid upon him for his sin. If any man then when he sustaineth loss or damage some way in his person or in his worldly estate, (which must needs be acknowledged to come so to pass by the holy permission and just judgement of God,) shall seek unto the Devil God's utter and professed enemy, or his wicked and wretched Factors for help and relief, for the recovery of his losses, or for the discovery of the party by whose means he sustaineth them, as if a Flectere 〈◊〉 nequeo superos, Acherontamovebo. Virgil. Aen 7. he meant to make trial what the Devil in Hell will do for him, when the God of Heaven hath afflicted him, or refuseth to relieve him; how can it but exasperate the wrath of God against such a party as shall set so light by him, as that for so small a trifle he is so ready to forsake him, and to resort to an enemy, whom he is known to hate so extremely? Yea how a meaner man would take it, any one that hath tenants, or children, or servants, if some one of them that depend on him or belong to him, should upon some hard usage of him, or because he refuseth presently to right and relieve him, when he may, in some wrongs that he hath sustained at some enemy's hand, or by means of a bad neighbour, betake himself instantly to his deadly and irreconcilable enemy, one that he knoweth his Landlord, or Father, or Master cannot endure or abide of all men in the world; how offensive, I say, such a course would be unto any even the meanest of us, I may well leave to each ones particular heart to determine. And can we think or hope then that God will take it better at our hands, (God, I say, whom we wholly depend upon, and who hath graciously promised b 1. Pet. 4.5. Psal. 9.18. to right all our wrongs, and not to c 1. Cor. 4.5. Eccles. 12.14. discover only, but d Luk 18.7, 8. 2. Thess. 1.6. take vengeance upon all our wrong-doers, if we will stay but e Act. 17.31. Rom. 2.16. his time) when we deal with him in the same sort? and that when he hath so often, so expressly, so straightly forbidden us so to do, enacted grievous penalties against all offenders in that kind, and inflicted fearful punishments upon the transgressors. § 9 The prohibitions some of them we saw before what they were: consider we further now the fearful penalties and comminations annexed unto them, together with some examples wherein God hath made the same good. As God therefore hath straightly forbidden such courses, so he hath set a penalty of death on the practice or use of them. f Exod 22.18. Thou shalt not, saith he, suffer a Witch to live: where by name also he mentioneth the g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 woman Witch; (for so the word is in the original) h Vise apud Munsterum ad precept. ●eg. 198. & jun. in not. h. l. partly because i Hi●c illud in Pirke Aboth; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quo plus mulierum, to plus magorum. Et Quintil. in de●lamat. Latrociniis in vi●o facilius, v●nesicium in faemina ●●edam. Sed & Plin. hist. nat. l. 25. c. I. In veneficio faeminarum scientiam praeu●l●re tra●●tae persuasio. Et Bodin. contra Wierum; Quinquagen● sagae reperiuntur unius viri loco. women are more prone usually to offend in that kind; and partly also to show that no infirmity or weakness ( k 1. Pet. 3.5. the woman being the weaker) shall serve to privilege or to excuse any whatsoever in that case. Yea further l Leuit. cap. 20. elsewhere enacting laws against capital crimes, and mentioning many such only as he would have punished by death, as m Vers. 2, 3. idolatry, n Vers. 10. adultery, o Vers. 11, 12, 14, 17, to 22. incest, p Vers. 13. Sodomy, and q Vers. 15, 16. such like, sins so horrible and unnatural as they are not almost to be named; s Quale delictum sit iam intellige, cuius cuhibition●m post idololatri●m ordina vit. Nihil secundum longinquat à primo. Nihil tam proximum primo quam secundum. Quod fit ex primo aliud quodammodò primum est: itaque idololatri● adfine est. Etiam sort ●cniungetur ti, sicut & series Etiam damnatione co●aerebit illi, fieut & dispositione. Tertull●an. de pudicitia. next after Idolatry, to show the heinousness of t De loco medum, de ordine statum, de confinio delicti cuiusqu● meritum dignoseas. Est & malidignitas, quod in summo aut medio pessim●um collocatur. Pompaem quandam atque suggestum aspicio maechiae, hinc ducatum idololatriae antecedentis, hinc comitatum homicidij insequentis inter du●● apices facimorum ●minentiss●mos dignae consedi●; & per medium corum quasi v●● a●te●● l●cum pari crimini● autoritate compl●uit. Idem ibid. the sin by the neighbourhood of it, and between it and u Oneravit maechiam quam homicidi● (magian quam m●chiae) anteponit. Idem ibid. Et prout i●e de maecho, Idololatrae successor, homicidae antecessor, utriusque collega: Ita de Mago disere licet, idol. s●c●. maechis antic. utr. collega. Adultery, he placeth this sin of r Vers. 6. Witchery; which he s Vers. 27. reiterateth also again in the conclusion of that sanction, (because * Vise Cic. d● oratore l. 2. Quintil. instit. or●t. l. 5. ●. 12. & R●●. dialect. l. 2. c. 19 that which cometh last, is wont to stick best in mind) wherein he includeth them all also within compass of the former constitution, that seek unto the Witch or the Wizard, as well as the Witch or Wizard him or herself. But let us weigh the words themselves a little. x Leuit. 20.27. Whosoever man or woman shall have a familiar spirit, or shall be a Wizard, let them die the death; their blood be upon them: or they deserve well to die; y Caedis eorum causa est in ipsis. jun. Mort● digni, qui à mort● covantur scientiam ●●tnari. Io. Sarisb. l. 2. c. 27. they are the cause of their own death. And again, z Leuit. 20.6. If any turn aside after such as work with Spirits, or Wizards, to go a whoring after them, I will set my face against that person, and will cut him of from among his people. Where observe we how God saith that not only Witches and Wizards, but such also as seek to them, do turn aside and go from him, and that even they also commit spiritual whoredom or adultery, that is, idolatry, in making the Devil their God, while they seek to him in a manner for help against God, or for help at least where God refuseth to help them: And therefore threateneth he even these as well as the former, that he will set his face (or his 2 Ira●●●faci●●, I●●. wrathful countenance) against them: (a fearful thing for God in anger a Deut. 32.10. Psal. 27.9. to turn his face away from one; much more fearful for him in anger b Psal. 34.16. to set his face full against one) that he will set himself against them, as they set themselves against him; and both cut them of by temporal death through the Magistrate c Rom. 13.4. his Minister's hand here, as also d Et his & in futuro saeculo à sanctorum consortio ●xcludetur. Ium. ad Gen 17.14. sever and sequester them to their eternal perdition from the society of his Saints in heaven for ever hereafter: or, as e Leuit. 20.4, 5. before he had said of some Idolaters, and the like f Exod. 20.7. Prou. 19.5, 9 elsewhere of other Transgressor's, that though men and Magistrates should wink at and neglect such, yet he himself will take vengeance for it both on them and theirs. theirs 10. But some, it may be, will not stick either to say or to suppose, that g Multa ad terrorem constat esse emissa. Giral. Cam●r topogr. Hib. d. 3. c. 31. many things in this kind are spoken but to terrify men only; and that God notwithstanding, being a good and a gracious God, will be better than his word, and not so fierce in execution as he seemeth severe in the sanction. That we may see therefore that God's threatenings and comminations in this kind are h Deut. 32.47. Non sunt vanae minae dominicae. Polan. in Mal. c. ●. not idle or formal, words of course only; consider we lastly some examples of the fierceness of God's wrath against sundry persons and people that have been faulty this way. And to begin with the Canaanites, and those other nations whom God cast out before the Hebrews; God himself propoundeth their example, and the example of his wrath and indignation against them, in dehorting his people from these practices. i Deut. 18.13, 9 Be thou upright, saith he, with the Lord thy God; and take not such abominable courses as these Nations do, whom the Lord expelleth before thee to place thee in their rooms: as implying that we walk not uprightly with God, we are not sincere and entire with him, but as k 1 King. 18.21. the Israelites sometime halted between God and Baal, l 2. Cor. 6.15. so we halt between God and Belial, between God and Beelzebub, when we use courses of this kind. m Deut. 18.14. For the nations whom thou succeedest, give ear to Diviners, Astrologers, Witches, Sorcerers, Wizards, Charmers, Conjurers, Necroman●ers; (for n Vers. 9, 10, 11. all these abominations had he formerly recited as usual among them:) o Vers. 12. and because of these abominations doth the Lord cast them out before thee: as implying, what he saith elsewhere in an other case, that they must look for the like if they be found alike faulty; to wit, p Leuit. 18.28. that their Land it should spew them out, as it had spewed those out, that were before them in it. And surely, if God destroyed those Gentiles, not for doing these things themselves so much, as for hearkening to those that dealt in them, as he q Deut. 18.14, 12. there saith; if he destroyed those Gentiles, I say, for so doing, that had never these laws given them, but the general light and r Rome 2.14, 15, 12. law of nature alone to direct them; how much more justly may he destroy those, that after his will so particularly, so precisely, so expressly revealed to them in this point, shall notwithstanding make no conscience of forbearing such practices, as appear plainly to be so offensive to God, and may prove so prejudicial to themselves. § 11. But God, it may be, though he be so sharp to others, yet with his own will not deal so rigorously, though they be this way faulty. Nothing less: As for these practices he destroyed those Heathens; so he spared not his own people when they took the like courses: his judgements inflicted upon them remain upon record, as well on Prince as people, yea upon the whole body, even on both of them together for sins of this nature. Where consider we the Examples, first of two Kings; then of two Kingdoms and States. The one of s 2 King. 1.2, to 7. Ahazias, who for sending to Beelzebub the Idol of Acc●ron to inquire whether he should rise and recover again, lying then sick and sore bruised with a fall; as if there had been no God for him to advise with in Israel; hath this answer returned him from the true God, whom he should have sent unto, by Elias his Minister, meeting by the way with the King's Messengers, that therefore he should not rise again from his sicke-bed that he was laid on, but should assuredly die. The other of Saul, of whom this is noted as the main cause of his overthrow: t 1. Chron. 10.13, 14. Thus died Saul for his sin, whereby he sinned against God, in that he regarded not his word; and in that he sought to, and asked advice of one that had a familiar, and asked not of the Lord: and therefore the Lord slew him, and turned the Kingdom to David. Where are two sins especially pointed out as the principal causes of Saul's downfall: the former whereof is said elsewhere to be u 1. Sam. 15.23. as Witchery and Idolatry; the latter was * 1. Sam 28.8, 14. Witchery and Idolatry indeed. And yet was Saul's case more excusable, than the case of the most is that use the like practices among us. For he had not lost some sorry trifle, and desired to know what was become of it: but x 1. Sam. 28.5. he stood in jeopardy of losing life and li●ing, crown and kingdom; and he had tried all the courses he could whereby he might be resolved of the issue of it, ere he repaired to the Witch. For it is said, y 1. Sam. 28.6. He asked advice of God, and God would give him no answer, neither by Vision, nor Prophet, nor by urim and Thummim. And how is it said then, may some say, that z 1. Chron. 10.14. he asked not advice of him? But the Holy Ghost accounteth it as good as no ask, when God refusing to reveal things by lawful means, men rest not therein, but seek to come to the knowledge of them by such courses as God would never counsel or advise them unto. Again 1 1. Sam. 28. 1●. his request to the Witch was to have a word or two with Samuel only; not with the Devil, but with a good Prophet of God lately deceased: neither did he suppose it to be the Devil that he talked or dealt with; for a 1. Sam. 28.14. he took him that he saw to be Samuel, though indeed b Samuel is imago. Aug. de doctrina Christ. lib. 2 ca 23. phantasma. Tertull. de animac. 57 & Hier. in Matt. c. 6. non ipse Samuel. Cyril. de adorat. in spir. & ver. Procop. in Octateuch. Aug. quaest. vet. & nou. Test. 27. Philastr. de haeres c. 26. Raban. de mag. praestig. Grat. c. 26. q. 5. joan. Sarub. policr. l. 2 ●. 26. See H. L. Howard of blind prophecies. he mistook him. And yet for this practice of his principally, saith the Spirit of God expressly, that the Lord deservedly deprived him both of sceptre and life. Add we unto these two Kings, two whole States, two entire Kingdoms; the Kingdom of Israel, that of the ten Tribes, and the Kingdom of juda consisting of the other two Tribes. The Kingdom of Israel was first destroyed under Hoshea. And what was the cause thereof? Other sins indeed withal, but these sins among others by name expressed in precise terms, c 2 King. 17.17. Divination and Sorcery; which enormity withal is there branded with this mark, that it is d V●rs. 17, 18. a selling of a man's self to sin, and to incense God's wrath against himself. Again for the destruction of the Kingdom of juda begun under jechonias, and consummate under Zedekias; God determineth to destroy juda, as he had done the ten Tribes: And what is the cause of it? this is still inculcated as the principal, e 2. King. 23.26, 27. & 24 3. the sins of Manasses. And what were his sins, (amids many other indeed) but f 2. King. 21.6. Witchery and Sorcery? Yea left any should surmise that his oppressions and murders were rather the main cause of all those miseries that befell that State, because g 2 King. 24.4. in some places there is special mention made of them; the Holy Ghost therefore in the story of Manasses h 2. King. 21.16. cometh in with them afterward as a bymatter, i 2. King. 21.6, 11, 1●, 13, 14. making the other the main cause, for which God would stretch over jerusalem the line of Samaria, and the level of ahab's house, and do with that famous City, as a man doth with a dish, that he wipeth, and whelmeth upside down when he hath done with it: and so ascribeth not his fall only, but the ruin of the whole State to Idolatry, and Sorcery, and sins of that sort. § 12. To draw all to an head then, and so to conclude this last argument: Seeing that God hath restrained us of all resort unto Satan, and we ourselves in our Baptism have renounced all kind of dealing with the Devil; we break our faith solemnly plighted to God, and make ourselves guilty of rebellion and high treason against God, whensoever by these courses we seek to him and ask advice of him, whether we believe and trust in him or no. Again seeing that the sin of Witchcraft (and this Sorcery is one kind of it) is so heinous and so capital a crime that God commandeth the Witch to be put to death, whether she help or hurt, even for this cause because she is a Witch and dealeth by the Devil, and we ourselves in our own conscience cannot but condemn such kind of people, as those of whom, no less truly then usually, we are wont to say, that they have sold themselves and their souls to Satan; then surely it must needs be a most damnable and detestable practice in us, though there were no further sin on our part then so, to employ any, or to use the employment of any in such actions, as we know that they hazard the casting away of their souls in them. We might as well make use of some swaggering Cutter to revenge us by murder on one that hath wronged us; or procure some Knight of the post to perjure himself for the recovery of a just debt unjustly denied us; or hire some light housewife to entice a man to lewdness and to play the Whore with him, as k judg. 16.5. Dalilah with Samson, thereby to discover something that we suspect him to have wronged us in. For murder and witchcraft are sins alike notorious in God's eyes, who hath therefore assigned l Exod. ●2. 18. with 21.12. the same penalty for either. And Sorcery and Perjury are very near of one nature: since by the one a man wilfully casteth his soul into God's hands; and by the other he solemnly putteth his soul over into the devils hands. And Fornication in itself simply considered is a far less sin than this is: as appeareth plainly hereby, in that God hath assigned only m Deut. 22.28, 29 a mulct or a money payment for the one, but hath appointed a capital punishment, even loss of life, for the other. But now more than that, when n Leuit. 20.6. God himself hath adjudged those to death also that seek unto such, as well as the parties themselves; and hath sealed up his hatred and detestation of such courses, by staying two Kings for them Abazias and Saul, the one by sickness, the other by the sword, by his own sword, by himself; yea not slaying Saul himself only, but rooting out his posterity and cutting the crown of from him and his; and further yet by destroying whole Nations and overturning whole States for these sins, as the Canaanites and those that he cast out before his people, and his own people themselves too as well as those that he cast out before them, when they took the like courses: We cannot but see, if we will not o Espy 26.11. wilfully wink and shut our eyes against the light of God's truth concerning this point * Ipsius Solis radio scriptum putes: ita claret. uti Tertull. de resurr. carnis. so clearly shining forth in his word, how heinous and horrible a sin this is in God's sight: and we cannot but tremble to think of the heavy wrath of God justly provoked and procured by such practices, if we shall know ourselves to be any way guilty of such, unless we have p Esai 63.17. hardened our hearts against the fear of God, or make doubt of the undoubted truth of of God's word: which it were much better for us now to believe the truth of q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto wise and careful repentance, then find true hereafter by dreadful and woeful experience, when it shall be too late for us either to believe or to repent, to believe the truth of the one, or to repent us of the other. CHAP. XII. An Admonition to avoid these divining Lots, with Answer to some Arguments alleged in defence of them: and the Conclusion of the whole. § 1. THese things then well weighed that have formerly been delivered, those come in the first place here to be admonished, that have been at any time overtaken this way, (not considering, it may be, the greatness and grievousness of the sin) not to justify their evil act, or to soothe up themselves in it, because, as the Apostle r 1 Timoth. 1.15. Paul saith of himself, when he blasphemed and persecuted, and s Act. 3.17. Peter of the jews, when they crucified Christ, they did it in ignorance. For t Ignorantia excusat à tanto non à toto. Thom. sum. par. 1● 2 ae. q. 76. art. 3, 4. relevat quidem ●●●am, sed non absorbet culpam. Gloss. ad Grat. d. 82. etc. 23. q. 2. though that may lessen the sin, yet u Ignorantia iuri● neminem excusat. Cod. just. lib. 1. tit. 21. leg. 2. Et Gless. ad Grat. d. 38. etc. 1. q. 1. it assoileth not the sinner. Neither did the jews ignorance cause that * Act. 2.23. their hands were not wicked that were employed in that action; nor Paul's ignorance privilege him from being x 1. Timoth. 1.15. primus p●ccatorum. a prime sinner. Yea if thine ignorance were y Sicut in eyes, qui ut liberius peccent, libenter ignorant. Ber●. de bon. deser. 2. Pet. 3.5. not a simple and naked, but a wilful and affected ignorance, if it were z Ignorantia aliquandò est causa peccati; aliquand ò non est causa, sed tantúm comes peccati. Est causa, quandò non f●cr●t, nis● ignoraretur: est comes tantùm, quando peccaretur, etiamsi sciratur: & haec à peccato nunquam excusat. No●ar. enchirid. c. 23 §. 46, imò cum est directè voluntaria & affectata, auget percatum. Thom. sum. par. 1 ● 2●. q. 76. ●. 4. a companion only, not the cause or occasion of thy sin, it doth not so much then as once lessen thy sin; and therefore thou hast in that regard the more cause to repent. And though it were simple, yet hast thou still cause to repent; yea if it were simple, thou canst not now but repent thee of thy sin. For a Sequitur ne ultra id esse velis, (id facias) quod si prius scisses, non fuiss●s. (fecisses) Ter●ull. apolog. if thine ignorance were simple, and so the cause of thy sin, that therefore thou didst it, because thou knewest it not to be sin, thou canst not then choose now coming to see thy sin, which thou sawest not before, and to know thine offence which thou knewest not before, but bewail and lament it, be sorry for and repent of it, seek for pardon and forgiveness at the hand of God for it, and be careful in time to come to avoid the like evils. This if thou dost not (assure thyself) b Subuers● sunt & à diabolo captini tenentur, qui relicto creatore suo à diabolo per sortilegia quaerunt suffragia. Concil. Aucyr. can. 1. Satan hath thee in a snare, thou art entangled in his toil, and it is c 2. Tim 2.26. by repentance alone that thou canst wind thyself out of it. The Devil holdeth thee fast by the heel, as d job 18.9. he speaketh. And e Pass●r á pede unico solo deten●us in laqueo, in e●i●us ●●anet & perit; nec pede capto prosunt al●. Non hoc q●aeritur quo modo captus fueris, sed quod captus fis. Chrysost. in Act homil. 29. as the Fowler, having the Fowl fast by the one foot, is content to let her have the liberty of both wings and the whole body beside; that is enough to give him the command of the whole: So though thou live otherwise unblamably, yet is this one wicked course enough of itself to engage thee body and soul unto Satan; it is alone sufficient to give the Devil title and interest to the whole. In a word, either thou sinnedst ignorantly, or wittingly: if ignorantly, thine ignorance was either simple or affected: if of simple ignorance thou sinnedst, thou canst not but repent, now thou comest to see thy sin; if of ignorance affected, thou hast the more cause to repent, because that lesseneth not thy sin: and if thou sinnedst not of ignorance, but with knowledge, than hast thou yet much more cause to repent, because f jam. 4 14. Luk. 12.47. that aggravateth thy sin: every way thou hast good and just cause to repent, because thou canst no way be freed from sin. § 2. Again, both such and all other are in the second place to be admonished, that they take heed how they give way to such superstitious conceits and courses, whereby they shall in this manner enthrall their souls unto Satan, and incense the wrath of God against themselves; yea which their own conscience cannot but tell them, if they deal sincerely with it and it with them, that they are devilish and abominable, wicked and unwarrantable. For consider me this seriously with thyself; when some trifle is missing, and thou goest to work with thy Book and thy Key, or with thy Sine and thy Shears, for the finding of the Thief; (and that it may be, when it is not stolen neither; but admit it be:) first dost thou think that the Book and the Key, or the Sieve and the Shears are either jointly or severally able to do aught herein of themselves? Sure thou canst not be so simple as so to suppose, unless there be as little witin thee as in them. Art thou able thyself then to put any such power into them, which they have not of themselves? Undoubtedly thou canst not: it is a thing utterly out of thy power. What then? dost thou think that God upon thy fooleries will extraordinarily and miraculously work for thee? then belike thou imaginest that thou hast a miraculous faith: if thou thinkest thou hast, try it rather in some better, in some greater matter, in some matter of more moment, as in raising of some one that is at deaths-doore in an instant: or rather, try it in neither; thou shouldest but tempt God in either. But suppose thou shouldest try him, dost thou think he would do it? And what reason hast thou to imagine, that God should work extraordinarily for thee more in the one then in the other? Alike ground and warrant there is for either; a word of promise for neither. Neither canst thou easily be so sottish, as to suppose that God should do aught in it; especially when for the most part there is no solemn seeking to God, howsoever there be some abuse of the name, or of the word of God now and then. If neither the thing itself then be able to do aught of itself, nor thou able thyself to give any such power unto it, nor God have an hand in it, other then in all actions else whatsoever; what can there be then that doth it (if ought be done) but the Devil, whose aid therefore thou implorest, and whom thou imploiest, yea whom thereby thou showest that thou trustest in and believest, whatsoever thou pretendest? For didst thou suppose it to be a vain and an idle thing, of no certainty, thou wouldst never use it. Yea didst thou not believe that the Devil could and would tell thee the truth, thou wouldst never resort to him, nor ground ought on his answers; thou wouldst never use any such tricks of his, nor conclude aught out of the event of them. So that in truth thy practice showeth that thou believest and trustest in him, whatsoever thou sayest; and so g Deus dicit, homicida est: & tu ad illum tanquam ad medicum curris. Dominus dicit, homicida est; illi dicunt, morbos sanat. Tu maleficia qui recipis, istorum potius quam Christi verbis fidem habendam censes. Chrysost. cont jud. l. 5. thou crossest our Saviour; in that whereas he saith that h john 8.44. the Devil is a Liar and the father of lies, thou supposest, yea and assurest thyself that by these means he not only can, but will and doth tell thee the truth. Thine own heart therefore, if it do seriously and sincerely deal with thee, cannot but inform thee, that it is the Devil thou dealest with, the first Author of all evil, i john 8.44. a Liar and a Murderer from the beginning: and k A seauctoribus fallacibus, à patre mendacij, ab hoste crudelissemo, quid boni, quid veri, quid commodi sp●res, tu videru. Gerson de error. mag. part. 3. Non magis bonum potest facere, quam glacies calefacere. Fatuus est qui confid●t. Semper v●itur falsae so●ieta●● ludo. Qui plus eum honorat & frequentat, pe●us demum rep●rtat. Idem sorm. coram rege consid. 3. what good or gain, what faith or truth, what help or health than can be expected from him? Oh let not then the wretched desire or love of things lost, or of any other wealth else what ever it be, much less a vain curiosity and lusting to foreknow and be acquainted with future events, which God hath reserved to himself, prevail so far with thee, as to persuade thee to pass the lists and limits that God hath prescribed thee, and to join with Satan by satanical courses for the satisfying of thine own worldly and fleshly desires against God. Remember that as l 1. King 3 37. Shimci, when he went to seek his servant that was fled away from him, going beyond the bounds set him by Solomon, he went to his own end: so when by such courses thou seekest to recover thy losses, thou runnest upon thine own ruin, thou drawest destruction upon thyself. As m Qui sine saluatore salutem vult habere, & sine vera sapientia astimat se prudentem periposse; non sanus, sed aeger, non prudens, sed stultus in aegritudine assidua laborabit, & in coecitate noxiae stulius & demens permanebit. Omnis itaque inquisitio atque omnis curatio q●ae à divinis & m●gic● artibus expetitur, merspotius dicenda est quam vita: & qui ea sectantur, A se non correxeriut, aeternam perditionem tendu●t. Aug. de civit. Dei apud Grat. c. ●4. q. 3. it is said truly of those, that in sickness, either directly or by use of indirect courses, seek to Satan for health, that they are strangely and strongly deluded by the Devil, when they think him willing to help them, who is ready rather to destroy them, yea n Porcos data potesta●●●●cauit, homines itidem, si potestas daretur, necaturus. Chrysost. contr. Lud. l. 5. who would do it undoubtedly, if he had his own will: and if there be aught done for them in that kind, it is not done in God's name, but in the devils name; and better were it for them to be sick still, then to be helped or healed in that sort: o Si sanare visus fuerit, corpus savat, ut animam cecidal. Idem ibid. If the Devil do aught for them at their desire, he healeth out the body to slay the soul; yea he healeth the body temporally, that he may slay soul and body both eternally; and p Daemons e●si sa●arent, D●o irato sanarent: corpora sanarent, ut necaerent animas, etc. odienda autem prorsu● corporalis valetudo quae animae pregio & morte venderetur. Gersom de ertor. mag. part. 3. accursed is that bodily health that is bought with so dear a price as is the blood and death of the soul. So here the Devil for the most part doth but delude men, in promising them that which he seldom performeth; and many times casting them into further losses, in steed of helping them to regain and recover the former: Or if he do help thee to thy gold or thy garment again; yet is it dearly bought, that is gotten again in that sort: he helpeth thee, it may be, to thy gold or garment again, to get and gain from thee both body and soul: and thou by recovering it, yea by seeking so to recover it, sellest him thy soul for it. Now, q Matth. 6.25. as our Saviour saith, Is not the soul better than treasure; and the body than apparel? And wilt thou then, against even the Devils own Proverb, r job 2.16. skin for skin; but all that a man hath, will he give to save his soul; wilt thou give the one for the other, the better for the worse? * Matth. 16.26. What, saith our Saviour, shall it avail a man to win the whole world, and lose his own soul? much more than here, s Ne perdas tunicam, consulis mathematicum. quanto melius petiret tunica tua, quam aniraaes t●a? Aug. in Psal. 91. what shall it avail a man to gain his garment, and cast away his body that should wear it; to regain his gold, and cast away his body that should use it, yea to cast away his soul that may do well enough without the body, whereas the body cannot possibly do well without it? Rather, as the same our Saviour saith t Matth. 5.40. in an other case, if thy coat be gone, let gown go after; choose rather to lose both, the one after the other, then by such courses as these are to seek to regain either. u Matth. 5.29, 30. & 18.8, 9 Better it is, saith our Saviour, to go halt into heaven, then to go with two legs whole to hell: and better it is to go naked or thin-clad into heaven, then to go clothed or well-appareled to hell; without money to heaven, then with money to hell: better want meat and money, then receive either from Satan; better lose clothes and coin, then recover either by Satan, or compass either by any Satanical course whatsoever. And surely, little love show we, that we bear unto God, when for such trifles as these are, we stick not thus to displease him: we cleave nothing fast or close unto him, when even a twined thread, as we say, will thus pull us away from him, and draw us out of his way that he hath prescribed us. Let us rather therefore in the fear of God, and as we regard our own good, put far from us such practices; and not forbear them only, but even abhor them, defy and detest them, not in word only, but in deed, not in tongue only, but in truth: that so * Deut. 18.13. our hearts may be sincere and entire with God, not divided between God and Satan; our heads and brains busied about x Rom. 12.2. searching out the holy and acceptable will of God, not about curious inquiries into such y Deut. 29 29. secrets as the wisdom of God hath hid from our eyes; z Rom. 6.13. our hands employed only in the good works of God, not in the works of that wicked one, 1 1. john 36. which he came to dissolve and destroy in those that be his: and 2 Matth 7.13.14. our feet lastly walking in the straightways of God's word, that lead to life and salvation, and not in Satan's crooked and blind bypaths, that tend to death and destruction. § 3. An idle Objection or two would be answered, and all were at an end. a In magicis artibus & sortilegijs sancta multa & honesta frequenter ebseruantur. Gerson astrol. theol. propos. 21. In these courses therefore, say some, there are many good words used, yea even Scripture itself oft: and then how can they be but good? at least how can they be so bad, as you seem to say of them? Augustine indeed, as b B. King on jon. lect. 9 some other have well observed, is in this regard over-favorable to some of these and the like courses, when c Hi qui de paginis Euangeli●is sortes legunt; ets● optand●m est, ut id potius faciant, q●am ad daemonia consulenda concurrant. Aug. epist. 119. he wisheth that men would rather make Lots of the leaves of the Gospel, then run directly to inquire and ask advice of the Devil: and d Gregorius Turon. Tetricus Ar●er●. Petrus ●iesens. & alij. some, as I showed e Vise ca 10 §. 10. before of no very evil note have been overtaken that way. Yet both f Tamen ista mihi displicet consuetudo, ad negotia secularia, & ad vitae huius vanitatem divina cracula v●lle convertere. Aug. epist. 119. he himself misliketh it; and g Grat. c. 24. q. 3. etc. 26. q. 1. Vise sup. cap. 10. §. 10. & cap. 5. §. 3. c●ut. 6. the ancient Canons have not without good ground and warrant condemned it, that God's holy Oracles should be used to such idle vanities, and applied to such superstitious uses as these are. Holy things may be abused as well as profane. h Matth 4.6. The Devil produced Scripture to persuade our Saviour to sin. And the Gentiles sacrifices that they offered to Idols, and i 1. Cor. 10.21. in them to Devils, were the same in substance with those that the jews offered to jehova. k Sed multa in huiusn. odi est sanctitas. Men●tur sibi planè iniquitas: quasi viz reram optimarum sanctissimarunique non esse possit abusus, quarum nequi rille & flagui● sworest quam aliarum. Gerson de error. mag. part. 3. Tanto pei●r est supersliti●, quanto plura miscentur bona: quoniam unde deberet honsrati Dominus, hovoratur Diabolus. Idem astrol. the: l. propos. 21. The holiness of the thing used excuseth not the abuse of it; which is rather the more heinous, the holier the thing is. § 4. Yea but, lastly will some say, l Qui sortes mittunt, per visibilium rerum coni●cturas latentia saepe deprehendunt. Greg. M. in 1. R●g. l. 5. Frequenter evenit rerum prodigia certos exitus obti●ere. Pe●r. Bles. ep. 65. these observations oft fall out aright; and the event of them is according to the truth of the thing inquired into by them. For was it not so in many of the examples before mentioned? Did not the Lot light right m jon. 1.7. upon jonas, and n 1. Sam. 14.44. upon jonathan? Did not the o 1. Sam. 6. Philistine and the p Ezech. 21.21, 22, 23. Babylonian Loteries answer the expectation of those by whom they were used? Yea we have found, may some say, by our own experience, that in ordinary practice they oft prove true. To this I answer: First, * Vera quisque sedulò notat, falsa nemo coarguit. Diodor Sicul. l. 32. de Euno. they mark when they prove true, but not how oft they prove false; as the Philosopher saith of dreams, that q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Aristot. de divin. per ins●m. they seldom prove true, and yet many men trust in them, because they mark those only that so prove. And as one saith of relics and monuments hung up by such as had made vows to our Lady (as they term her,) and were delivered being in danger and distress, that there were many indeed of them; but 1 Sicut & Diagoras apud Cicer. do nat. Deor. l. 3 Nusquam esse pictos qui nausragium fecerant, in marique perierant. there were no relics of those that had made the like vows and were not delivered, but were drowned or perished otherwise: which yet would be many more, if they were to be seen. So here a few events are scored up and recorded that have fallen out aright, whereas r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Dio hisior. l. 52. many more, ten or twenty for one, had they been observed, might have been registered, that have fallen out clean otherwise. In the former examples; s Ezech. 21.21, 22, 23. it proved aright with Nebuchadnezar; but t Est. 3.7. & 9.1, 2. clean contrary with Haman. Yea so oft thus fall they out, that, as one of the Ancients well saith, u At nonnunquam tamen veritatem vel auspicia vel oracula tetigere. Quanquam in●er multa mendacia videri posfit indusiriam casus imitatus. Minut. in Octau. Perspicuumest multa vera evadere. Quid quod muliò plura falsa? Nun ipsa varietas qu● est propri● fortunae, fortunam esse causam, non naturam docet? Cicer. de divin. l. 2. though they lie but by casualty, they may seem to do it of industry, and of set purpose to tell untruths. And yet 1 Mira prorsus & miserabilis humanae coecitatis insama: quoniam in hac re decem aut crebri●ra mendacia per unam, casuali●er si obisgerit, v●ritat m ●xcusat, ubi milie in alia mater●a veritates pro unico mendacio comperto despiceret. Gerson de error mag. part. 3. strange and miserable is the blindness and madness (as one well observeth) of most men, who, whereas in other and better matters they are extreme hard of belief, and will refuse to give credit to a certain truth, though confirmed by infinite and innumerable undoubted examples, if they can pick out any one singular precedent, wherein it hath fallen out otherwise: as for example, tell them x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Queen ●lis vita, finis ita Sic Saul, Ahab, Balaam, juias' alij innumeri. Vade Aug. de disc. Christ. Non potest malè mori qui benè vixerit; & vix benè moritur, qui malè vixit. how many have died evil that lived evil, and that they themselves therefore taking the like courses in their life may justly look for the like issue in the end at their death: yet they will nothing regard all that is alleged in that kind, as long as they can name one, suppose y Luk. 23.40. the Thief on the Cross, though he be but one, and that z Some think he was converted ere he came to the Crosse. That he was baptised before'rt, Augustine seems to suppose; retract. l. 1. c. 26. & l. 2. c. 551 & deanimae ●rig. l. ●. c. 9 That Matth. 26.44. The thieves, may be expounded, one of them: as the like phrase is Gen. 23.6. judg. 12.7. 2 Chron. 24 ●5. Psal. 1.3. jon. 1.5. Zech. 9.9. joan. 6.45. So expound it Ambros super Luc. l. 10. & August. de consens. Evang l. 3. c. 16. questionable too; but let it go for granted; 2 unus, ne quis disperare●; unicus, ne quis praesumeret. Aug. one, saith he well, that no man might despair, and but one, that no man should presume. Whereas, I say, in matters of moment, and that more nearly concern them, they will reject a thousand truths for some one untruth; or a thousand examples of events that have fallen out alike and aright, for some one that extraordinarily hath fallen out otherwise: in these cases on the other side by one truth they will excuse an hundred untruths, and for one event that casually falleth out aright, pass by an hundred, it may be, that ordinarily fall out otherwise. So 3 Tantam ad credendum prohibita, noxia & vana libidinem in tam modica credendorum fide quis non mirabi●ur? G●rson de error. mag part. 3. light of belief are we in vain and hurtful things, and such as we ought rather to distrust: so hard of belief in good and profitable things, and such as by God we stand bound to believe. § 5. Secondly issue or event argueth not either the truth and certainty, or the lawfulness and warrantableness of an action, as even a Exitus acta probat: careat suce●ssibus opto, Quisquis ab eventus facta notanda putat. ovid. e●ist. 2. Est omninò iniquum, sed usu receptum, quod bon●sta consilia vel turpia, prout malè, aut pr●sperè cedunt, ita vel probantur vel reprehenduntur. ●lin. epist. 22. lib. 5. Heathen themselves have seen and observed. b Psal. 10.5. & 73.3. How many be there every where that thrive in sin and by sin? c Hab. 1.13, 14, 15. Dan. 7.21. & 11.23. Apoc. ●1. 7. & 13.7. How many have been Conquerors in unjust wars? d Ecclesiae status armis non aestimatur. Bern. ep. 176. The length of the lance argueth not the equity of the cause, nor the sharpness of the swords-edge the lawfulness of the course or the quarrel. It followeth not that the Beniamites cause was good, or the other Israelites bade, because e judg. 20.21, 25. in two several battles they beat down their brethren, and their Adversaries fell before them. But to come nearer home, take we * Nun intelligis eadem rati●ne uti posse & aruspic●s, & fulguratores, & interpre●es ostentorum, & augurs, & sortilegos, & Chaldaeos'; quorum generum nullum est, ex quo non aliquid, sicut pradictum est, e●aserit? Cic. de divin. l. 2. Et ibid. Non hostiarum casum confirmas sortium simili●udine, sed infirmas sortes collatione hostiarum. example from the like: How vain and idle, how frivolous and ridiculous was the Heathens course of Divination, by opening the bellies of beasts and poring into their entrails, by observing the voices or the flight of souls, and their feeding or refusing of their food? in so much that f Vetus illud Catonis admodum sci●ū, qui mirars se aiebat, quò● non rideret aeruspex aruspicem cum vidisset. Cic. de divin. l. 2. a grave Author and one of great authority among them had wont to say that he wondered, how their Wizards and soothsayers, that by such courses deluded the common sort of people, could forbear laughing when they looked one on an other: and g Haec viritim sapie●tissimi cuiusque restui● fides: ●n universum verò omnibus horis credit vita nec sentit. Plin hist. nat. l. 28. c. 2. Vise & Valer. Max.l. 1. c. 6. the wiser sort among them did but scoff and flout at them: one affirming that h Nam istos, qui linguam avium intelligunt, Plusque ex ali●no iecore sapiunt quam ex suo, Magis audiendum quam auscultandum censco. Pacu●ius Chryse. These Wizards and soothsayers, that can tell what the birds shirpe, and whose wit and wisdom lieth buried in the bellies and bowels of beasts; may well be heard, but are in no wise to be hearkened unto. And another that, i Non habeo denique nau●i Marsum augurem, Non vicanos aruspices, ●on de circo astrologos; Non Isi●cos coniectores, non interprete somniûm Non enim sunt ij aut scientia aut arte divini; Sed superstiti●si va●●s, imprudentesque arioli; Aut inertes, aut insani, aut quibas egestas imperat. Qui jibi s●nutam ●●n sap●unt, alterin ō strant viam Quibus divitias p●llicentur, ab bis dracl●mum ipsi petunt. De eyes divitijs sibi deducant drachmam, reddant caetera. Ennius' apud Cic●r. de divin. l. 1. The Marsian Enchanters and Spelmongers', and the common Sacrificers and Bowell-searchers, with the Stargazers and Figure-casters; as also the Egyptian Fortune-tellers, and Dreame-readers; are not worth a button all of them. For that they are not such as have any divine Art or skill at all with them: but are either superstitious Wizards, or blind Buzzards, or idle-headed, or adle-brained, or arrant Beggars. That, like fools as they are, profess to tell other men their fortunes, when they are ignorant of their own; and promise to help them to hidden hordes of gold, whom they beg a grey groat of: which groat, saith he, they may do well first to take out of that hoard, and then return them the rest. Yet did not these also oftentimes prove true? yea did they not both prove alike true, both this and that other, when k Ez●ch. 21.19, 20, 21. by Nebuchad●ezar they were both used together? Heathen stories, we know, are stuffed full of the like events of them: l La omnia approba●tibus 830. annorum eventibus. Plin. hist. nat. l. 28. c. 2. the observations of eight hundred years and upwards, saith one of their Writers, going most with them. In regard whereof m Visen Zuingl. jun. Par. alias sup. cap. 11. § 1. the argument drawn from the event to justify the act of Eliezer Abraham's servant, though it may carry with it some good probability, yet is not of undoubted certainty. For n 1. Sam 6.12. the sign that the Philistine Sorcerers set themselves fell out as rightly: and o 1. Sam. 28.19. the Witches Samuel of Endor told Saul much truth, and what shortly after came accordingly to pass. And yet are neither of their courses, by any that I know, justified. p Argumentis & rationibus oportet quare q●icquam ita sit docere, non eventis. Cicer. de divin. lib. 2. Reasons and arguments, saith the Heathen man, must be produced for the confirmation of men's courses, not examples of uncertain and casual events. And well: for, as a Noble man of ours saith in a learned and elaborate work of his of somewhat the like subject, q L.H. H● ward of blind prophecies. Examples which fall out by chance were never currant, where the cause is to be justified by reason: And therefore till a man can as readily produce a certain ground to make his guesses good, as score up a register of blind events, we may rather commend his luck then his learning. § 6. Thirdly and lastly when these things prove true and fall out accordingly to the intent and desire or purpose of the user, it is t Nu● viribus sortium. not as r Hieronym. super jon. ●. 1. Hierome and s B●da in Act. 1. & alij. others from him have well observed, by the force or from the nature of the thing itself that is used: and therefore u Elumb● ac vanum est ab eventu argumentum: est enim à non causa ut à causa. Martyr in 1 Sam.c. 14. the argument, saith one well, drawn from the event is weak and feeble, as mistaking much the ground of the matter, and assigning that for a cause which in very deed is none: like x Sacerdotes Papisti●i ambarualia sua ●b●unt. Si sequatur vb●rtas agror●m, non debemus put●re D●um ill●s audisse, sed re●petua bonitate sua usum esse. Martyr in 1. S●m. cap. 14. the superstitious Papists or Idolatrous Heathens conceit, that ascribed Gods usual bounty in blessing the year ordinarily with plenty to their idle Processions, (for y Ambarualis hostia, quae rei divinae causa circum arua ●ucitur ab ●ijs qui pro frugibus faciunt. Pauli F●stus. both used such, and they were alike idle that both used) because it followed thereupon: or like the practice of z Fer●el. in method. med. unskilful Empirics, that giving medicines at adventure one after an other, when the disease breaketh away by other means or of itself, ascribe the cure to the medicine they last gave, because that the disease went away upon the use of it. But they come to pass by other means, and those either Ordinary or Extraordinary. Ordinarily it falleth out so either by mere Casualty, or by human Slight and subtlety. a Quota quaeque res evenit praedicta abistis? aut s● evenit quippiam, quid afferri potest, cur non casu id eneverit? Cicer. de divin. l. 2. Casu quaedam si● eveniunt, quae à di●●nantibus dicta sunt. Ibid. Non arte, sed (fort, potius quam quod ille senex) sort vera dicunt: apud Aug. confess l. 7. c 6 Et lo Weidner. apud Keplerum de non stell. sarp. par. 2. ●. 30. V●ral●qui casu mendacia mill locutos. By Casualty; as one faith of unskilful Physicians, that b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hera. lit. epist 2. they indeed cure not their Patients, but Chance, if any be cured by them: because they minister medicines without ground or good reason, and yet by chance sometime give that that doth good: and an other of Fortune-tellers, that c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eurip. Benè qui conijci t, va●ēhune perhibebo op●im●m. Cicer. de divin. l. 2. He was the best Diviner, that could give the best guess. For that they went by mere conjecture, wherein d Imp●è tamen, quod ad numen divinum Tyrius Max. serm. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 licèt de Dijs Ethnicis verè dictum. a man without any divine help or divining faculty yet many times, as we say, hitteth the nail on the head: and as a third saith of Dreams and Dreamers, that e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. de diuin per insom. though there be no divine matter in them, yet they oft fall out: for that men dreaming so oft, and of so many and sundry things of all sorts as they do, it is not strange if they light on some things that casually fall out so accordingly; as f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristot. ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. D●on Chrysost. ●rat. 26. those that play at even and odd, though they go merely by guess, yet they guess oft aright; and g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A●ist. ibid. Acc●di● (enim saep) casu quod non casus videa●●r. Pli●. epist. 33. l. 6. two casting stones as they come to hand one at an other, may chance to cast the same stone twice: or h Quis est qui totum diem iaculan● non aliquaud. collimet? to●as n●ctes somniamus, n●que ulla est ferè qua non dormiam●●. & miramur aliquando i● quod s●mniamus evadere? Cic. de divin. l. 2. as a man shooting oft, though with little skill, yea or blindfolded, may by chance sometime hit the mark; and i Quid est tam in▪ certum q●àm talorum iactus? tamen nemo est quin saepe iactaus venereum ia●iat aliquando, nonnunquam e●iā i●erum ac tertium. Numigitar, ut ivepti, V●n●ru id impulsu fieri mal●mus quam casu? Ci●er. ibid. dicing all day long, sometime have the Chance he would have, or the highest chance that the dice have. Thus k Aug. de G●●. ad lit l. 1●. c. 22. Augustine telleth of two Youngmen, than traveling by the way made many believe that they were Figure-casters, whereas they knew not so much as the 12. Signs in the Zodiake● and when they perceived that their Host where they inned seemed to give some credit to them telling him many strange matters, they grew bolder; and being demanded by him whether they could tell him aught of his son, who was then abroad, and staying out beyond his time appointed, made his Father their Host somewhat fearful that some evil had befallen him; they little regarding how the matter would fall out in their absence, so they might give their Host contentment, and get themselves somewhat for the present, bade him be of good cheer, his son, they would warrant him, was safe, and not very far of: Which though they knew no more, as we say, than the post, or then their Host himself that asked them, yet by mere casualty beside their expectation fell out accordingly: For the Youngman came in just as they were leaving their Inn; which made them to be accounted men of extraordinary skill. § 7. Again sometime these courses take effect not by mere casualty, but either in an Ordinary course by some slight of man, or in an Extraordinary by some secret work of Satan, or by some hidden hand of God himself. For as Augustine saith of the miracles done or pretended to be done by the Donatists, that they were l Aut figmenta mendacium hominum, aut portenta fallacium Daemonum, Aug. de unit. Eccles. c. 16. either of men's forging or of the Devils doing: and a learned schoolman and our Countryman of popish miracles wrought for confirmation of the Mass, that m In Sacramento apparet caro interdum humana procuratione, interdum diabolica operatione. Alex. de Alice sum. part. 4. q. 53. m. 4. a. 3. sol. 2. they were either procured by men or effected by Satan: so it falleth out oft in these Loteries and Divinations by Lot. Sometime they take effect by means of some * Ars casum simulat. ovid. artu l. 3. sleight, that seeming casual that indeed is not, and so a Lot thought to be used, where indeed there is none: as with those that cheat at dice. As in the event, that seemeth skill sometime, that is indeed but mere Chance: so in the act itself, that seemeth Chance sometime, that indeed is sleight and skill: as n Aliquando in Ecclesia fit maxima deceptio in miraculis fictis à sacerdotibus, vel eis adhaerentibus propter lucrum. Lyra in Dan. c. 14. Lyra testifieth of the miracles of his time, that many of them were wrought by sleight for gain to delude the people, by the Priests and their Complices: and as o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pythiam à Philippo corruptam querebatur Demosthenes. Cicer. de divin. l. 2. & Aesthin. contra Cres●ph. & Minut. Octau. the Heathen Oracles were oft cunningly and craftily carried to speak to private men's purposes: and p Sic Agesilaus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nialus Victimae iecin●ri clanculis inscripsit, teste Plut. in ap●p●th. the entrails in their sacrifices by Art and crafty conveyance caused to give signs of success for men's better encouragement, which they could not of themselves. Thus we find in q Pausan. in Mess●nia●. & Apollodor. bibliothec. l. 2. ancient Story, that whereas Temenus and Cresph●ntes Aristomachus his sons accompanied with the forces of their Vukle Aristodemus (who deceasing left issue two twins Procles and Eurysthenes in the custody of his brother in law Theras) had by a joint conquest made recovery of Peloponnesus held by the issue of Hercules, of which lineage they were, long before, till by Euristeus they were forcibly dispossessed of it; and were now to make a partition of it divided into three portions, Argos, Sparta or Lacedaemon and Messena: Cresphontes desirous at any hand to have Messena, persuaded r Te●tuumfratr●̄, non, Temonem sacerdonem, utisalsus est Aretius in problem. part. 1. loc. 67 §. 6. his brother Temenus (who had seized already upon Argos, and was chosen to make Lots for them for the assignment of the other two parts between Cresphontes and there as in right of the two Orphans) to use some sleight and fraud for him; which he accordingly did, as all agree in the report of it, though for the manner of it there is some difference among them. For s Pausan. in Messen. some of them write that it was agreed upon, t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. that he should have Messena, or his choice of all three, whose Lot came out first; whereupon Temenus made u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hine Pausaniam secutus Plautus Casina act. 2. sc. 6. Ptinam tua quidem, s●cut Herculis praedicant, Quondam prognatis in sortiendo sors delicuerit. Vise Victor. var. ●ect. l. 25. c. 15. two pellets of clay, the one dried in the sun for his Nephews, and the other baked in the fire for his brother, which being cast both at once into the water, and lying there for some time, theirs being dissolved, his of necessity came forth first. Whereas others * Apollodor. bibl. l. 2. report that it was agreed among them all, that x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A- pollod. l. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Poly●n. stratag. l. 1. he, whose Lot came out not first but last should have Messena; and that when y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polyan. & Apollod. quibus consentiens Sophocles in Aiace, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Hinc & Horat. carm. l. 2. odd. 3. Versatur vru●● seriu● ocyus Sor● exiture, & nos in eternum Exilium impositura cymba. Vise Brodae. misce●. lib. 3. cap. 26. the other two cast in either of them a white stone, Cresphontes cast in a piece of white clay, which being dissolved in the water was not at all drawn, and so by that means he obtained his desire, z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polyaen. s●rat. l. 1. ut rectè legit Casaub. not by chance, as it might seem, but indeed by covin and deceit. And not altogether unlike hereunto is that course which 1 B●pt. P●r●amag. na●ur. l. 20 c. 8. argillace is globulis suspector●● no●●na schedul●● inscripta conglutinant, & in aqu●m mergunt: minus curi●●è ●b●olut● citius reserantur, & aquae innatant. a Writer of natural secrets prescribeth to be used, not so much for the finding out of a Thief, as for the drawing of a confession from one that is upon some good ground suspected so to be, by putting his name in a scroll of paper together with many other wrapped all up in lumps of clay severally, but his wrapped somewhat more loosely than any of the other, into a basin of water, that so seeming by chance to unfold first, he may, thereby supposing himself miraculously discovered, be induced to confess it. In this kind may Imagination also oftentimes do much. For a Imaginati●nis vim●ss● maximam, & quo●d co-pus im●ginantis plurimum posse, d●cent Picus Mirand. de imaginat. Marsil. Fi●n. de Theolog. Platon. l. 13. Anton. Mirand. de sing cert. l 29. Toslat. in Gen. c. 30. v. 39 & P●rer. ●●id Mich. M●dina de●r●cta side lib. 2. Vair. de fascin. l. 2. c. 3. Delri● mag. disq tom. 1. l. 1. c. 3. q. 3. a strong Imagination either in the agent or in the patient, in the doer or the sufferer, many times furthereth an effect. In the Agent; as when using the Sieve and the Shears, and naming many, whom they think good to question, but among those many, strongly suspecting some one, the strong Imagination of those, or the one of those that hold it between them (though no wilful slight otherwise be interposed by either of them) may be a mean sufficient to work an insensible motion in the hand of the Holder so strongly possessed, for the turning of the siue and shears upon the naming of the party by him or them formerly suspected. In the Patient; as it is observed 2 Sanare ●icunt●r superstiticsa illa per inmutationem virtutis imaginativae. Gerson de error. mag. in some superstitious courses of cure, that they may receive some strength from the Imagination of the party: which yet b Verum caue● medicus, ne vole●do sanare corpus alirnum, meni●nd● disipi●ns i●●erficiat serpsum. Idem ibid. a grave Writer wisheth Physicians to be wary in and beware of, lest while they cure other men's bodies, they cast away their own souls: and as c Io. Ba●t. Porta mag not l. 20. c. 8. the former Author prescribeth a course for the discovery of a These, by making bread or paste of meal mingled with the powder d Ex Aetite lapide. of a stone said to be found usually in the Eagles nest, which the party suspected eating of together with others, his fear, saith he, arising from the expectation of the event, by drying his throat, will hinder his swallow, that he shall not be able to get it down so readily as the rest do; and by that means h●e may be discovered. Which whether it be true or no; once certain it is, that e Certè vim imaginali●am plurimum tum prod●sse tum obesse sanita●is regiminiqus nescia●? unde illud vulgatum, Imaginatio fa●it casum. Gersen d● error. mag. Vis● Cardan. de subtle. l. 19 & de variet. c. 44. Imagination is of much force for the producing of effects, and the making of such things seem to be casual as in deed are nothing less. § 8. And thus in ordinary course these superstitious Divinations sometime take: but sometime again they hit aright by Extraordinary means, and that either by diabolical cooperation, or by divine permission or special appointment. Sometime, I say, by Satan's cooperation; who as f Si quando ●●unt miracula hominibus ad imagin●●c●nflue●tibus, non haec virtute imaginum fiunt, s●d nonnunq●am operatione daemonum ad fallendum inordinatos cultores, Deo permittente, exigente talium infidelitate. Gabr. Bi●l super can. Mis. lect. 49. he is confessed to have had an hand in those miracles, that are reported to have been wrought by, or at the Images of Saints: so he hath no doubt oft also the like in these Loteries and such like kinds of Divination, as both g Fraus & opera daemonum est quod praedicta multa eue●ant. Gregor. Nill de fato. cum a●●rologi mirabiliter multa vera respondent, occulto fit instinctu spirituum non bonorum. Aug de civit. Deil. 5. c. 7. Ifti impurispiritus substatuis & imaginitus consceratis delitesc●nt, & afflatu suo autoritatem quasi praesentis numinis consequ●●tur, dum inspirantur interim vatibus, dum fanis immorantur, dum non nunquam extorum filras animant, avium volatus gubernant, s●rtes regunt, oracula efficiunt, (forsa●, effuliunt) fal●is pluribus innoluta. Minut. F●●lix Octavio. Christian Writers have observed, and h Perhos (Daemons) ut Plato in Symposio autumat, cuncta denunciata & magorum varia miracula, omnesque praesagiorum species reguntur: ●orum quip de numero praediti curant singula corum, proinde ut est cuiquetributa provincia, vel s●m●ijs corfi●mandis, vel extis fissiculandis, vel praepetibus gubern●ndis, vel oscinibus erudie●dis, vel vatibus inspirandis, vel fulminibus iaculandis, vel nu●ibus co●uscandis, caeterisque adeò per quae futura dinoscimus. Apuleius de Deo Socrat. Heathen also themselves acknowledged. But how can the Devil, may some say, come to know such things as by these courses are discovered? I answer: The things thus discovered are either past, or present, or future contingent. For hidden things past or present, the Devil well may know many things, and much more than men ordinarily do; in regard that he is a Spirit, and either present at the doing of them, or a Partaker also in them. First as present at the doing of them; for so k job 1.6. & 2.1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he was present when the sons of God, that is, l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sept. qui & sic dicti job 38.7. quod obseruarun● Orige● in job 38. Basil. Sel. S●rm. 1 & jun. in Protoctis. Nam quod Cl●●ysostom. in G●●. homil. 23. Angelo's nusquam Deifilios dictos: falsi liquidò arguitur. Vise Drus miscol. l. 1. c. 12. Couti●● Aug locu●. l. 5. Non facilè A●g●los filios Dei dictos in Scripturareperies. the Angels came sometime to appear before God: and so is oft no doubt with us, when we are little aware of it. By this means therefore m Omnis spiritus ales est, hoc angeli & daemons ● tot●●● orbus ill●● locus vuus est: quid ubiquegeratur, tamfacil● sciunt, quam enunciant Divinit ascreditur velocit●s, quia substantia ignoratur. Sic & autores int●●dum videri valant corum quae annunciant: & sunt pla●è malorum nonnunquam, box●rū autem nunquam. Tertull. in apolog. being of a swift and subtle nature, as he can take notice of many things done in secret, while he is in presence unseen, so n Daemons alicub● longè iam facta quod nunciant, quae post aliquot dies vera esse firmen●ur, non est mirandum. Possunt enimhoc officere non solum acrimonia cernendi etiam corporali incomparabiliter prae●tantior● quam nostra est. sed etiam ipsorum corporum longè utique subtiliorum mira velocitat●. Aug. de Gen. ad lit. l. 12. c. 17. Acrimonia sensus, & celeritate motus multo ant● cognita pr●muciau●, vel nuncia●t, quae ho●●ines prae sensus terreni tarditate mirentur. Idem de divinat. d●m. c 3. he can give notice in one place, what he knoweth to be in doing or to be done in some other place, though far distant therefrom: to which purpose o Aug. de Gen. a●● lit.l. 12. c. 17. Augustine telleth an Example of a party possessed, that would tell those that were in the house with him, when one set forth a twelve miles of to come toward him, and how far he was still every foot forward on the way, till he came to him, at whose hand alone he would take sustenance: p Ei●s●●li pr●d●ctio non est prophetia: sed tanquam so excabitor è specula quam venientem vid●t, turmam mox ads●re pradicat. Martyr in 1. Sam. c. 28. Which yet was indeed no Divination or Prophecy, saith a good Divine, to speak properly, but as if a Soldier standing on a sentinel should tell of a troup of Horse, that he should espy on the way, how far they were come forward, and how near they approached to the place where they were expected. Secondly as a Partaker in them, by way of instigation or assistance. For so was he q john 13 2. with judas, and therefore knew well what he went about, in the betraying of his Master CHRIST JESUS: so r job 1.12, 15, 17. with the Chaldeans and Sabeans in the robbing and spoiling of job. And thus s Graeci 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appellant, nos criminatorem vocemus, quòd crimìna in quae ipse allicit, ad Deu●deferat. Lactant. instit. l. 2. c 9 Ipse enim nos, ut pessemus, instigat; ipse nos, ubi peccaverimus, accusat. Origen. in Leuit. homil. 3. as he enciteth men to sin, and then accuseth them to God of sin: so t Saepe illos, ubi peccaverunt prodit, quos in maleficium illexit. Delrio mag. disq. tom. 1. l. 2. q. 12. n. 10. oft here he setteth men on sinning, and to their public shame or bane afterward bewrayeth and betrayeth them, when they have sinned. For future contingents ordinarily he knoweth them not certainly, but either extraordinarily or uncertainly only. First uncertainly; yet probably in regard of u Gen. 3.1. 2. Cor. 2.11. & 11.3, 14. his natural skill; (whereof * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quas● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, à peritia & scientia. Plato in Cratyl. Lactant. inflit. l. 2. c. 15. Capel. in ●●pt. philol. Chalcid in Tim●. Plat. Zephyr in Tertull. ●pol. & alij Ineptum est enim quod à 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ebr. Io. Bodin. in daemonol. deducit: sicut & quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, quod sanguine gaudeant dictos vult Lasocius de rebus Moscow. in Greek he hath his name,) as also of his long experience adjoined thereunto. And no marvel. For x Saepe quae naturalibus signi● futura praenoscunt, quae signa in hominum sensus venire non possunt, ante praedicunt: neque tamen qui● praevidet medicus, quod non praevidet eius artis ignarus, id●ò iam diuiu●● habendus est. Quid autem mirum, s● quemadmodum ille incorporis humani vel perturbata vel modificata temp●rie seu bona● seu malas futuras praevidet valetudines, sic Demon in airy affection's atque ordinatione sibi nota●, nobis igno●as futuras praevidet tempestates? etc. Aug. de divin. dam. c. 5. if a skilful Physician can by reason of his skill say much more of the state of his Patient and the likelihood or unlikelihood of his recovery, than an ignorant man or some other ordinary person is able to do; and y Accessit daemonibus per tam longum t●mpus rerum longè maior experientia: hinc & multa futura praedicunt, mira fa●iunt. Aug. de divin. daem. c ●. Diuturna rerum experientia q●emadmodum praenoscant atque praenuncient m●lta, didiceru●t, sicut sones p●ura exp●ti, etc. Idem ibid. c. 4. & de civit. Dei l. 9 c. 22. old men, by reason of their long experience can tell and foretell many things on good ground preconiectured by observation of men's usual courses and carriages, than the younger sort commonly can: no marvel if Satan termed for his subtlety z Gen. 3.1. 2. Cor. 11 3. a Serpent, for his antiquity, 1 Ap●c. 12 9 an old Serpent, of above 5000. years continuance, be able to guess probably at many things, that men can see or say little of. And 2 1. Sam. 28▪ 15, 16, 19, 5, 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. G●●gor. Nyss. so might he foretell Saul, seeing how things then stood with him, what was likely to befall him: that which a man even of mean and ordinary capacity might at that time have given a shrewd guess at. Again Extraordinarily he may more certainly foresee and foreshew, what he hath or heareth from God or the servants of God; or what he is permitted to do, or is employed about by God. First what he hath heard a Dei dispositiones saepe praesen●iunt, evils ministri fuerunt. Lacta ●t instit. l. 2. c. 17. divinis enim saepe intersunt consilijs, ●ùm ad imp●rata facien●a vocentur. job 1.6. Martyr in 1. Samuel cap 28. from God himself, or from b Ai●quando & quae an diunt ab Angelis, praenunciant hominibus. A●gust. ad Simpl. l. 2 q 3. the Angels, or c Dispositi n●s etiam Del & nunc prophetis concionantibus excerpunt, & nunc l●ctionibus resonantibus carpunt: ita & hin●●umentes quasdam temporum sor●es, aemulant●r divinitatem, dum furantur diuination●m. Tertull. apol●g. the Prophets of God, d Ephes 3.10. whom the very Angels also learn somethings from: as e 2. Sam. 18.24, 25. one sitting on the ground or abiding within, may have news privily imparted to him from the watchman standing on the sentinel or watchtower without, which he may relate to others, as by vision or apparition seeing and discovering them himself: And thus might he foretell as f 1. Sam. 28.17▪ illa dicit, quae saepe ex Samuele audierat. Procop. in 1. Reg. c. 28. Saul's downfall, so g Cur non potuit daemon praedicero, quod per prophetas ●ibi praenos●eret imminere? Aug. de divin. daem. c. 7. Ex prophetarum praedictionibus praenoscere & Hermeti praedicere potuit. Id. de civit. Dei l. 8● c. 23. his own fall, which he is said sometime to have done: yea thus coming to the notice of many future events, under colour of prophetical divination hath he drawn unto himself divine adoration. Secondly what he is permitted to do by God, or what he is employed for the doing of from GOD; what h Plaerumque praenunctant, quae ipsi facturi sunt. August. de divin. daem. c 5. he is about to do i Aut missi à Deo, aut permissi. Idem. by the permission of God, or is bound to do by special commission from God. For k Accipiunt saepe potestatem & morbos immittere, & aerem ipsum vitiando morbidum reddere, & perversis terrenorum amatoribus malefacta suadere, de quorum moribus certi sunt, quod sint eis talia suaedentibus consensuri. Augustin, de divin. d●mon. cap. 5. job 1.12, 15, 17, 19 & 2.6, 7. evil Spirits are many times by God permitted to do much mischief both corporally and spiritually, by inflicting of maladies and infecting the air, or by enciting and egging men on to evil courses, with whom knowing their disposition they doubt not to prevail and to persuade them thereunto Hence they take occasion oft-times l Dispositiones suas aliquando praen●nciant. Augustin. de ciuitat● Dei lib. 9 cap. 22. to foretell what themselves are about to do, or will draw others unto; and to bear men in hand, when they can do no more mischief, being near the end of their tedder, that m Laedunt primò; de●inc remedia praecipiunt ad miraculum nova sive contraria. Postquam ●efinunt laedere, & curasse dicuntur. Tertullianus apologetico. Prodesse putantur, cum nocere desinunt, qui nihil aliud possunt, quam nocere. L●●ctant. instit. lib. 2. cap. 16. they help or heal them, because they leave hurting them; or, n cum finem sibi praestitutum propè adesse vident, promittunt nolle se saevire longius, si hoc v●l illud fiat. Martyr in 1. Sam. cap. 28. because they cannot get leave to molest them any longer, that their evils at such a time shall have an end, if such and such fooleries be performed. Sometime again o Omnipotens iustusque Deus & bonis utitur ad opera congrua, & malis ad opera dign●, August. ad Simplic. l. 2. q. 6. they are employed by God to this purpose: For p Diabolus Dei car●ifex est. Martyr in 1. Sam. 28. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plut. de sera num. vindict. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Synes. Epist. 57 the Devil is God's Executioner, whom he maketh oft good use of. So he used q 1. King. 22.22. an evil Spirit (not r R. joanan in Talmud ex sententia R. Rabina & R. Popa. the soul of Naboth, as the doting Rabbins dream) to entice Ahab out to his ruin: So he used s Psalm. 78.49. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 malignos angelos, i. occultos aer●os spiritus. Aug. ●n I sh. q. 24. & in Psalm. 104. & alij plaerique. evil Spirits, as the most think, for the plaguing of Egypt: (though t Nuncios malorum, i. Mosen & Aar●n. jun. some expound the Psalmist otherwise; and it is against the rule that some u Malos per bon●● bonos per malos· Merlin. in job c. 1· others give that God is wont to afflict good men by bad Angels, and bad men by good Angels:) yea thus it is evident that he used one of them for the vexing of Saul, styled therefore in the text, * 1 Sa. 16.14, 15. an evil Angel of God: x justè quaeritur, si Domini, cur malus si malus, cur Domini dicitur? Sed 〈◊〉 verbis comprehensa est potestas justa ind ab●lo & voluntas iniusta: idem enim ipse & spiritus maius per nequissimam voluntatem, & spiritus domini, per acceptam iustissimam potestatem. Greg. M. mor l. 18. c. 2. unus idemque; & spiritus domini, & malus: domini per licentiam potestatis iustae, malus per desiderium voluntatis iniusta. Ibid. l. 2. c. 10. Malus ob vitium, Dei ob ministerium. Aug. de mirab. l 2. c. 10. Spiritus malus Domini vers. 15. i Sparke malignus à Domino, ut verse. 14. Eucher. in 1. Reg c. 16. an evil Spirit in regard of his malicious quality, and yet a Spirit of God, because an Executioner of God's justice, as the Ancients have well observed. And y Possunt praedicere, quae D●us illis, ut saepe fit imperat facienda. Martyr in 1. Sam 28. thus may the Devil further foretell, what God himself hath set him or sent him about: as he might well by that mean also read z 1. Sam. 28.19. Saul's destiny, 1 Ita hîc praedicat Saulo postridie moriendum, qui in mancipio & peculio Diabo●i iam erat. Martyr ibid. as one's that God had given over and given up into his hands. Now in these cases, wherein such evil Spirits have an hand, a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. justin. quaest. orthod. q. 146. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ibid. the events of them fall not out always alike; by reason that sometime b In praedictionibus suis daemones quandoque falluntur, cum causis naturalibus aliqua, ut medici, nautae, agricolae, sed acutiùs longè, praenoscunt, quae ex dispositione aliqua ipsis ignota ex improviso mutantur, etc. Aug. de divin. daem. c 6. they fail, notwithstanding their skill, in those things that by their natural wisdom and subtlety they foresee in the secret causes or signs of them, when God by some extraordinary course turneth things about, and controlleth the ordinary carriage of the creature: As the Patient sometime dieth through some inward accident unexpected, where the Physician according to the rules and grounds of his Art saw no signs but of safety: or as if a Mariner upon good grounds of observation should give his opinion, that that storm of wind should last long that c Matth. 8.26. Christ suddenly calmed: Or an Husbandman should promise much fruit of a vine such a year, judging according to his skill, which should afterward either be blasted with lightning, or rooted up by some wild beast breaking into the vineyard: And so these unclean Spirits, notwithstanding all their skill and experience, fail oft in their predictions, when some greater power overswaieth that that they builded upon. d Falluntur etiam, quia cum dispositiones suas praenunciant, ex improviso desuper a●iquid iubetur, quod eorum consilia cuncta perturbet. Aug. ibid. They fail also in those things that they are enjoined and set or sent about by God; when e jerem 18.7, 8, 9, 10. God altereth his courses, and either revoketh his sentence, as with f Esai 38.1, 5. Ezekias, as with g I●na 3.4, 10. the Ninevites; or giveth a countermand, as h Gen. 22.2, 12. to Abraham, about the sacrificing of Isaak: which is i Velut si quid disponant homines potes●●tibus subditi, quod non prohibitur●● suos praeposit●s arbitrantur, idque factur●s se promittant: at illirepente prohibeant. Aug. ubi sup. as if the judge should send suddenly and unexpectedly to reprieve a Prisoner whom he had condemned, when the Executioner were ready to do his office with him, and made full account to make sale of his spoils. § 9 Thus then have we seen how by Satan's help such superstitious Divinations and predictions may either fail or hold: Now further in the last place those things that in this kind take effect, come to pass by God's permission and providence indeed always, but by his permission for special purpose sometime, and sometime for divers causes by his special ordination and appointment, which no Devil nor creature therefore can cross. First by Permission for special purpose; and that k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. V●itur his Dominus vel ad damnationem, vel ad em●ndationem, vel ad probationem. Aug. ad Simplic l. 2. q. 1. ad vindictam malorum, ad disciplinam bonorum. Ibid. either for the trial and exercise of some, or for the punishment of other some. For the trial of some, to try whether they will heed such superstitions as these are, as the crowing and croaking of Ravens, the shreiking of Owls, this kind of lottery, and the like. To which purpose l D●ut. 13.1, 2, 3. Obijciunt nobis saepe evenire quae sortes divinatoriae praedicunt. Respondeo quod Dominus de pseudopropheta etc. La●at. in Prou. 16. Ab hoc fornicationis genere Scriptura non sic deterruit ●nimam, ut propterea talia negaret esse sectanda, quia falsa dicuntur à professoribus eorum; sed etiamsi dixerint, ●vobis, inquit, & ita evenerit, ne ●●edatis eyes. Aug. de doctr. Christ. l. 2. c. 23. God forewarning his people to beware of those that assay by evil courses to withdraw them from God, he doth not tell them, that they shall not heed them, unless they see things fall out accordingly as they foretell them; but, though they do set them some sign, and it come to pass accordingly, yet they shall not give heed to them; For that m Permittit ista Diabolo Deus ad probandos Christisnos. Aug. de temp. serm. 241. Etiamsi praestiterit, nec praesta●ti credideris. Permisit Deus hoc posse, non ut animum tuum nosset, sed ut ●●bi probationis occasionem praeberet, utrum verè Deum diligere●. Est autem amantis, etiamsi exanimes ad vitam revocet, qui ab amato conatur abstrahere, nequaquam tamen ab amato de●icere. Chrys. cant. I●d l. 2. God suffereth it so to do, to try them, whether they do indeed so love him, and sit so close to him, as that they will not by such superstitious means, though falling out as was foretold them, be drawn away from him. Again for the just punishment of some others; that they may be whipped and scourged with a rod of their own making, with a cord of their own twisting. For therefore doth God suffer these things ofttimes to take effect, that n 2. Thess. 2.9, 10, 11, 12. Fiunt ad imagines miraculae nonnunquam operatione daemonum ad fallendum in●rdinatos cultores, D●o permittente, exigente talium infidelitate. Gabr. Biel in Caenon miss. lect. 49. Punit Deus h●c modo hominum superstitionem, ut multa evenire patiaetur. Lauat in Prou. 16. Vt cum interdum per sacrilegia illa remedia aliqua percipere, vel verum aliquid deprehendere potuerint, facilius propterea Diabolo credant. Aug. de temp. ser. 241. Vt illusionis efficacia magis in●s●entur, qui malignis spiritibus magis quam verbo ipsius credere in animum induxerunt. Gualther. in jon. c. 1. they may be given up to strong delusions to believe lies, that loved not the truth; that they may be further entangled in Satan's snares, that would rather give heed to him then to God: that o Non est falsa aut vana talium notitia: per effectum enim veritas probatur. Non negamus. Sicut enim vera fides miraculis, ubi opus est, meretur dotari, ita falsa fides portentis vel figmentis in sui damnationem demeretur illudi. Gerson de mag. error. par. 3. as God's children have been sometime by true miracles and the predictions of God's Prophets confirmed in their holy Faith: so such wicked Wretches may by counterfeit miracles and diabolical predictions be, with p Exo. 7.11, 12, 13, 22. Pharaoh, hardened in their false belief. And therefore, do we see such superstitious courses oft take effect, and to have their event answerable to their expectations that use them? Let us remember, that, as sin the more successful it is, the more dangerous it is for the Sinner: so in this case, q Effectum talia sortiri experientiae multae probant. Sed notanter Augustinus, omnes tales obseruationes tanto magis suspectas & fugiendas esse, quanto saepius suum videntur sortiri effectum. Gerson astrol. theolog. prop. 21. Si superstitiosa haec reperiantur esse virtutis alicuius tanto perniciosiora sunt secundùm A●gustinum, quanto sunt ad seducendum validiora. Idem de error. mag. part. 3. the oftener such courses take effect, the more perilous they are, because the more powerful to prevail, if we be not the wiser and the more wary, and in that regard the rather to be suspected and shunned of us. Secondly by God's special ordination and appointment, do these things sometime so fall out, to work his own ends by the wickedness of others. For r Operatur Deus per creaturam aliquando sine ipsa, aliquando contra ipsam, aliquando cum ipsa. Bern. de great. & lib. arb. God worketh even by them that work contrary to him; and s Eius enim consilijs militant, etiam qui eius consilijs repugnant. Greg. M. mor. l. 6. c. 14. they fight his battles, even that fight against him. Now thus doth God give success to these things, though evil in themselves, and as they are used, sometime for the punishment of those that deserve to be punished, & his will is to have either destroyed or corrected; & those either the users of them or others. The users of them, as t 1. Sam. 14.38, 39, 40. in the Lot cast by Saul that lighted on jonathan, u Hic est fructus humanarum traditionum, ut & aliis & saepe autoribus suis molestae sint. Martyr in 1. Sam. c. 14. to punish Saul thereby for his unadvised adjuration and presumptuous inquisition, and to show * Vise Chrysost. ad pop. Antioc. sir 14. what straits men wilfully cast themselves into by such idle, rash, unnecessary & inordinate oaths: as x 1. Sam. 28.19. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. justin. orthod. quaest. 52. Quandoque enim v●lt Deus etiam per spiritus inferuos aliquem vera cognoscere, ad eorum poenam quibus ista praedicuntur, ut malum quod eis impendet, antequam veniat, praenoscendo patiantur. August. ad Simpl. l 2. q. 3. for this cause also it seemeth that he suffered the Devil to foretell Saul his overthrow, thereby to punish him for that his impious act by dejection before hand, as he did afterward by death. Or some others; as y jona. 1.7. in the Lot that lighted on jonas; of which Hierome saith well, that z N●n statim debemus sub hoc exemplo sortibus credere, vel illud de Actibus huic testimonio copulare. cum privilegia singulorum non possint legem facere communem. Sicut enim in condemnationem Balaam a●ina loquitur Num. 22.28, 30. & Pharaoh Gen. 41. & Nebuc. Dan. 2. & 4. in judicium sui so●●ijs futura cognoscunt: sic fugitiuus deprehenditur non viribus sortium & maximè ethnitorun, sed voluntate eius qui sortes regebat incertas. Hieron. super jon. c. 1. We ought not in that regard to give heed or credit to Lots in the like case (for how know we that God hath still the like work or end to work; or that he is willing ever so to work?) or to match it with that Lot that we read of in the 1 Ad bonum finem usus aliorum malitia. Riber. in jon. quod & Lyra. Vise & Theophyl. sup. cap. 10. §. 5. Acts used in the choice of Mathias. (As reasoning from the lawfulness of the one to the other) since that singular privileges make no common Law: and 2 Act. 1.26. God used well that course that was familiar with them, and wherein they did evil, for the finding out and fetching back of his fugitive servant: as a Ezech. ●1. 19, 24, 25, 26. he did Nebuchadnezars' idolatrous divinations, and his lottery of the like kind; which himself also by his own Prophets foretold that he would make good for the just and well deserved punishment of his perverse and perjured both Prince and people. Again sometime God giveth way and event to these courses, for the manifestation of his own glory, his power, and his providence; to let men see discovered to them by their own projects, though evil and impious, who it is that plagueth them, & hath power over them, though they either know not, or acknowledge not him. And so was it b 1. Sam. 6.7, 8, 6, 10. Vt suo eos ●re corrip●ret. Chrysost. in Tit. homil. 3. ut ostenderet malum illud à se profectum. Riber in jon. c. 1. ut gloria illis sua innetesceret. Martyr in 1. Sam c. 6. in that sign that the Philistine Soothsayers set themselves; whereby God put them out of doubt of that concerning his hand on them, which they made some doubt of before. Where we may withal consider, that as these courses took effect when God had such an hand in them; so the like courses used by others, as by c Esai 36.10. & 37.36. Haman, and by d Ester 3.7. & 9.1, 2. Senacharib, at other times failed and took not effect, but fell out clean contrary, e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Esa. 36.18, 19, 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Esai 36.10. & 37.29, 33, 34 justin. orthodox. quaest. 136. when God pleased not to give success unto them, or had not (and who can tell when he hath?) any such ends in them. Considering therefore, that there can be no certainty, in such lottery, unless that God himself have a special hand in it, which 1 Insulsum enim planè quod Serar. in I●sh. tom. 2. c. 7. q. 19 Vim ●nesse sortibus ad veritatem eruendam, ex concursu divino, si non in speciali, saltem in generali cursu certo, speciali incerto, de quo tamen spes aliqua affulget, quia sortium usum aliquando laudavit. Non enim juuat Deus aut promovet, quae abominatur & damnat: ut rectè Peu●eo. de divin. we have no reason to expect, unless it be for our evil, to plague us for our perverse courses in that kind; as also that f In ●aeteris autem praedictionibus suis daemones plaerumque & falluntur & fallunt. Aug de divin. daem. c 6. Vt & nescientes sinceram veritatem, & quaem seiunt, in perditionem sui non confitentes Minut. Foelix in Octaui● the Devil, as he may be deceived, so he may deceive us; yea from a professed and notorious Deceiver we can expect nothing but deceit, whether he himself be deceived or not: Let us take heed how we give heed or credit to, such deceits as seldom prove true; yea how we give any regard to them, though they prove never so oft true: remembering that g Non enim quiae imago Samuelis mortua Sauli regi v●ra praenunciavit, 1. Sam. 28.19. pro●terea taliae sacrilegia minu● sunt execranda: aut quia Act. 16.16, 17, 18. ventriloqua foemina verum testimonium perhibuit Apostolis Domini; ideò Paulus pepercit illi spiritui, ac non foeminam illam daemonis correptione atque exclusione mundavit. Aug. de doctr. Christ. l. 2 c. 23. Saul's witchcraft was not therefore the more allowable, because the Devil told him nothing but truth; nor the Apostles of Christ ever a whit the more spared the unclean Spirits, because they told truly what they were; yea bearing ever in mind that h Deut. 13.1, 2, 3. God hath forewarned us before hand, that though they should prove true, yet we should not believe them, nor give credit unto them, as being but sleights of Satan to draw or drive us away from him; yea such sorry flights these, that even i Tota res (sortium) est inventa fallaci●s aut ad quaestum, aut ad superstitio. nem, aut ad errorem. Cicer. de di●in. l. 2. Sed hoc genus divinationis vita iam. communis explosit. Quis enim magistra●us, aut quis vir illustri●r utitur sortibus? Plaerisqu● in locis sortes planè refrixerunt. Ibid. the wiser sort of the heathen ones have descried and discovered the folly and vanity of them; and it is a foul shame for Christian men to come short of such. And thus much may suffice also for these latter sort of Lots, to wit, Extraordinary and Divinatory, Lots, which howsoever they have been lawful some of them at some times unto some, yet are none of them lawful in these times unto any. § 10. To end where we began. k Prou. 25.4. Take the dross, saith Solomon, from the silver, & there will be a vessel sit for the sinner. So take the ordinary abuse from the ordinary Lot, & it will prove an ordinance of no evil use. Neither are the use and the abuse of it so mixed together, but that men may, if they will, sever them the one from the other. As for the extraordinary Lot, the very ordinary use of that Lot is a mere abuse of a Lot: and it is therefore, as drossy matter, that will not endure the Finers fire, but runneth all to smoke or ashes when it cometh to the assay, utterly to be rejected. There may be superstition as well in the condemning of the one, as in the approving of the other. Let the one therefore go, as it well deserveth, to the dunghill: let the other be so wisely and warily used, that God be not dishonoured, who hath given us the free use of them; nor our brethren offended or wronged, for whose good God hath given us them; nor ourselves hindered in better things, that more nearly concern us, and whereunto these things should be as furtherances unto us. FINIS.