Of the nature and use of lots a treatise historical and theologicalOf the nature and vse of lots a treatise historicall and theologicall
Of the nature and use of lots a treatise historical and theological; written by Thomas Gataker B. of D. sometime preacher at Lincolns Inn, and now pastor of Rotherhith.Of the nature and vse of lots a treatise historicall and theologicall; written by Thomas Gataker B. of D. sometime preacher at Lincolnes Inne, and now pastor of Rotherhith.
Thomas Gataker 1574–1654London: printed by Edward Griffin, 1619
[12], 360 p. · 94k words · STC 11670 · ESTC S102922
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
And to this purpose in most estates, where offices were disposed by Lot, as there went kan 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 *trial of them, and an inquiry made into the courses and abilities of such as the Lot had ⟨p. 100⟩lighted on, that if they were found insufficient or faulty they might be rejected, and lothers taken in in their steed. Besides that those places that required some special kind of skill, military, musical or the like, either were mexempted wholly from Lottery, or the Lot went namong 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 oif 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 enquiry, 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 pthey sometime did, who shall slay either other, were unlawful: because a plain breach of Gods precept: or where two Malefactors are condemned to death, but the one is to be spared upon some special occasion, as qwith the Jews where some offender 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
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:
And to this purpose in most estates, where offices were disposed by Lot, as there went kan election before the Lotery, that the Lotery might go onely among such as were of some sufficiencie, so againe after the Lotery there was a publike *triall of them, and an inquirie made into the courses and abilities of such as the Lot had ⟨p. 100⟩lighted on, that if they were found insufficient or faultie they might be reiected, and lothers taken in in their steed. Besides that those places that required some speciall kinde of skill, military, musicall or the like, either were mexempted wholy from Lotery, or the Lot went namong such onely, as vpon due triall were found to bee expert in that particular. Neither was there great diligence vsed without iust cause in this kinde: for oif men would be loath by Lot to take a Phisitian when they are sicke, or a Pilote when they are to go to sea, of whose skill they haue not had some good triall before, or assurance otherwise: much lesse were it fit by Lot, without further enquiry, to commit the helme of the estate and the life of many hundreds into the hand of any one hand-ouer-head that the Lot might light vpon. Againe for priuate men in some danger and distresse weary of their liues to cast Lots, as pthey sometime did, who shall slay either other, were vnlawfull: because a plaine breach of Gods precept: or where two Malefactors are condemned to death, but the one is to be spared vpon some speciall occasion, as qwith the Iewes where some offendor was giuen them to grace their feast, (I stand now to discusse the lawfulnesse of that course, but taking it to bee granted that some one is vpon good ground to be ⟨p. 101⟩spared) here rif the parties be vnlike, the one a debauched Roge that hath beene before oft in the like vilanies, the other but a Nouice newly fallen to the trade, and the present his first knowne offence; or the one an obstinate and desperate wretch, the other penitent and not vnlikely to proue an honest man afterward; for the publike Magistrate it were vnfit here to put it to hazard whether to spare or to punish:
k[Greek or Hebrew]. Arist pit. l. 4. c. 16. [Greek or Hebrew]. Plato de leg. 6. Jude [Greek or Hebrew] dicti qui a•sp•m sortis admitt••tur •ud. in comment. Hi•• D•mosth. in Eu•ulid [Greek or Hebrew]. Et, [Greek or Hebrew]. Et, [Greek or Hebrew]. Et, [Greek or Hebrew].〈non-Latin alphabet〉. Arist p•it. l. 4. c. 16. 〈non-Latin alphabet〉. Plato de leg. 6. Iude 〈non-Latin alphabet〉 dicti qui a•sp•m sortis admitt••tur •ud. in com•ent. Hi•• D•mosth. in Eu•ulid 〈non-Latin alphabet〉. Et, 〈non-Latin alphabet〉. Et, 〈non-Latin alphabet〉. Et, 〈non-Latin alphabet〉.
*[Greek or Hebrew]. Pla•o de leg l. 6. Et [Greek or Hebrew]. Ibid. [Greek or Hebrew]. Aeschin. in Cresiph. Hinc orationes [Greek or Hebrew]. Et D•m•sth. in Mid•am, [Greek or Hebrew]. Et de Thesmothetis Libanius in Androt. [Greek or Hebrew]. Sed & Senatū quisqu• ingressus, juramento adigebatur, [Greek or Hebrew], id indicare. Lysias in Philon.〈non-Latin alphabet〉. Pla•o de leg l. 6. Et 〈non-Latin alphabet〉. Ibid. 〈non-Latin alphabet〉. Aeschin. in Cresiph. Hinc orationes 〈non-Latin alphabet〉. Et D•m•sth. in Mid•am, 〈non-Latin alphabet〉. Et de Thesmothetis Libanius in Androt. 〈non-Latin alphabet〉. Sed & Senatū quisqu• ingressus, iuramento adigebatur, 〈non-Latin alphabet〉, id indicare. Lysia• in Philon.
l[Greek or Hebrew] inde dicti: de quo priu• cap. 4. §. 6.〈non-Latin alphabet〉 inde dicti: de quo priu• cap. 4. §. 6.
m[Greek or Hebrew]. Aristot. polit. l. 6. c. 2. Sic [Greek or Hebrew], & militares reliqui [Greek or Hebrew]. Plato de leg. l. 6. Sic & Athenians. [Greek or Hebrew], &c. Pollux l 8. c. 8. § 7.〈non-Latin alphabet〉. Aristot. polit. l. 6. c. 2. Sic 〈non-Latin alphabet〉, & militares reliqui 〈non-Latin alphabet〉. Plato de leg. l. 6. Sic & Atheniens. 〈non-Latin alphabet〉, &c. Pollux l 8. c. 8. § 7.
n[Greek or Hebrew]. Plot. leg. l. 6. Hinc Lysias in Alcibiadem [Greek or Hebrew].〈non-Latin alphabet〉. Plat. leg. l. 6. Hinc Lysias in Alcibiadem 〈non-Latin alphabet〉.
o[Greek or Hebrew]. Socrates apud Xenoph. [Greek or Hebrew]. 1. Cui geminum illud Philonis de constit. princip. [Greek or Hebrew]; &c.〈non-Latin alphabet〉. Socrates apud Xenoph. 〈non-Latin alphabet〉. 1. Cui geminum illud Philonis de constit. princip. 〈non-Latin alphabet〉; &c.
pJoseph. captiu. l. 3. c. 26. & l. 7. c. 35.Ioseph. captiu. l. 3. c. 26. & l. 7. c. 35.
rOportet 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.Oportet vt par sit sortientium reatus. Delri•. disq. mag. l. 4. c. 4. q. 1. Alioqui, Sortiri ad poenam, atque hominum delictum fortunae iudicio committere, minimè censorium est. Cic. pro Cluent.
whereas in war, as before, when a whole band hath offended, swhere 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.
whereas in warre, as before, when a whole band hath offended, swhere the cutting off of all would be too great a maime to the whole, and againe passing by all would be a matter of euill example, here time being not afforded to consider of particulars, who may best be spared, or who are worthiest to be punished, all alike deseruing death, and being in the power of the Generall to put all to death, it is lawfull for him to tithe them, as wee said they did sometime, and by Lot to decide who shall be saued, who slaine.
sNe in bello propter hostium metum miles deficeret, amplier ei mortis & supplicij metus est à maioribus constitu•us: ne autem nimium multi poenam capitis subivent, idcircò illa sortitio comparata est. Cic. ibid. Sic enim fieri posse, ut poena ad paucus, exemplum ad multos per•eniret. Donat. in Scipion.Ne in bello propter hostium metum miles deficeret, amplier ei mortis & supplicij metus est à maioribus constitu•us: ne autem nimium multi poenam capitis subivent, idcircò illa sortitio comparata est. Cic. ibid. Sic enim fieri posse, vt poena ad paucus, exemplum ad multos per•eniret. Donat. in Scipion.
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 tthe mad Antiochus sometime did, and as uBernard saith the Pope doth with his; and so were but to abuse a Lot for the inconsiderate casting away of that, *that ought to be disposed of ⟨p. 100⟩[…] ⟨p. 101⟩[…] ⟨p. 102⟩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 then 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 xwhether 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 yfor 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 then the other, here likewise by Lot to determine whether of the twain shall have the tool, were neither unlawful nor unfit.
In matter of almes and liberalitie, for a man to make Beggers vsually as he meeteth them, draw cuts for his money, were to play and make sport with his almes and his prodigality (for that tearme would best fit it,) as tthe madde Antiochus sometime did, and as uBernard saith the Pope doth with his; and so were but to abuse a Lot for the inconsiderate casting away of that, *that ought to be disposed of ⟨p. 100⟩〈…〉⟨p. 101⟩〈…〉⟨p. 102⟩by aduice: Or againe where two Persons in want craue that reliefe of a man which but one of them can haue, it being apparent that the one hath farre more neede then the other, and is neerer to the partie in whose power it is to dispose of, for him to make them draw cuts for it in this case were not warrantable, because hee may euidently see here xwhether is rather to bee relieued, and may not therefore hazard the defeating of him. But for those that be in office to auoide the clamour of many much alike poore suing for some pension, to cast Lots among them which shall haue it for the present, and which expect it hereafter; or yfor a man that hath a toole of some trade which two poore men of that trade are Suters to him for, there being no ground for him to pleasure the one rather then the other, here likewise by Lot to determine whether of the twaine shall haue the toole, were neither vnlawfull nor vnfit.
tSolitum A•tiochum Epiphan•m, vel Epimanem potius, effusis per viam publicam nunamis dicere, [Greek or Hebrew]. Ex Pt•lom. Everget. comment. l. 5. Athenae. l. 10.Solitum A•tiochum Epiphan•m, vel Epimanem potius, effusis per viam publicam nunamis dicere, 〈non-Latin alphabet〉. Ex Pt•lom. Euerget. comment. l. 5. Athenae. l. 10.
uPauperum 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.Pauperum vita in plateis di•ilum seminatur. Argentum micat in luto: accurritur vndique: tollit illud non pauperior, sed fortior, a•t quifor•ècilius praecucurrit. Scilice• sic factirabat Petius, sic Paulus ludeba•. Bern de consider. l. 4.
*Nec avarum te Deus, nec profusum vult: collocare te vult quae babes, non pr•ijcere. Aug. de 10. chord c. 12. Beneficia nec in vulgus effundenda sunt; & nullius r••, mi •imè benefici•rum, bonesta largitio est: quibus si detra•cr• judicium, desinunt esse beneficia, in aliut quodlibe• jucidunt nomen. S••ec. benef l. 1. c. 2.
§ 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.
§ 6. And thus was the former branch of this Caution that Lots are not to be vsed either in necessarie duties or things in themselues euill, such as may euidently at the present appeare to be such.
The latter branch is that Lots may not be 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 latter branch is that Lots may not be vsed in such things, though not otherwise in themselues euill, where by consequence the vse of them may in likelihood proue Inconuenient or Inexpedient.
The reason is apparent; because zthings 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.
The reason is apparent; because zthings indifferent and such as are good and lawfull in themselues, become vnlawfull vnto vs when they grow Inconuenient or Inexpedient in the vse of them.
z1. Cor. 6.12. & 10.23. Est aliquid quod […] oporteat, etia•s• licet. Cic. pro Balb•. Quid decoat vos, non quantum liceat vobis, spectare debetis. Idem pro Rabir.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.
In matters therefore of indifferency that of themselves ⟨p. 103⟩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.
In matters therefore of indifferencie that of themselues ⟨p. 103⟩are not euill, yet are such as by some circumstance they may easily become euill, great regard ought to be had of the conueniencie and expediencie of them. Where vnder the head of inconueniencie I comprehend all such things, as may tend to any outward euill: vnto the head of Inexpediency I referre all such things as may bring a man within danger of some spirituall euill.
For the former point of 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.
For the former point of Conueniencie and Inconueniencie the rule is, that because things in themselues otherwise lawfull and warrantable may seeme Conuenient in some respects, and Inconuenient in others, that therefore where the Conueniences and the Inconueniences shall be laid in an euen ballance of equall and indifferent iudgement, either against' other the action is to be deemed either Conuenient or Inconuenient, as the one side shall appeare to weigh downe the other: that is to say, The Conueniences being more or weightier make the thing questioned Conuenient, the Inconueniences being more and weightier make it iustly deemed Inconuenient.
To apply this to the present; In the Use of a Lot about a matter of it self 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 contrariwise 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 ⟨p. 104⟩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.
To apply this to the present; In the Vse of a Lot about a matter of it selfe otherwise not euill, if the Conueniences shall be so many and so weighty on the one side, that they may wel weigh downe whatsoeuer Inconueniences may be produced on the other side, there the action is Conuenient, and a Lot therefore lawfull: but contrariwise where the Inconueniences that shall necessarily or in good probability appeare to accompanie the thing questioned or ensue vpon the doing of it shall be such and ⟨p. 104⟩so great, as the Conueniences that stand on the other side shall not be able to counteruaile, there the action is worthily disallowed as Inconuenient, and a Lot consequently vnlawfull.
Thus in 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 awhen any extraordinary accident fell out, or any business to be dispatched of more special weight, they either left wholly then their Lottery, or blimited the course of it (which yet cafter when things were quieted and settled they returned again unto) and though those in office themselves ddesired, ⟨p. 105⟩yea eurged it and instantly called for it, that they might not seem contemned, as being balked and rejected, and others in the State-service preferred before them; yet fthe 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.
Thus in publike affaires for the giuing of some few priuate men contentment to admit a Lot where the admission of it may in likelihood proue preiudiciall to the publike, were an vnwise course and an vnwarrantable, because the publike weighing down the priuate maketh the action inconuenient. Where it is worth the obseruing that albeit among the Romanes the ordinary imployments of their Officers, and many other affaires were ordered oft-times by Lot, yet awhen any extraordinarie accident fell out, or any busines to be dispatched of more speciall weight, they either left wholy then their Lotery, or blimited the course of it (which yet cafter when things were quieted and setled they returned againe vnto) and though those in office themselues ddesired, ⟨p. 105⟩yea evrged it and instantly called for it, that they might not seeme contemned, as being balked and reiected, and others in the State-seruice preferred before them; yet fthe regard of the common good preuailed so farre with them that they would not hearken vnto them to put that to the hazard of a Lot, where the euent might proue much inconuenient, which otherwise ordinarily they did.
aSic cum Annibal ad portas, Bellum cum Annibale Coss. mandatum: Liu. l. 24. an. 541. Consulibus belium cum Annibale & binae legions decretae: Praetors provincias sortili sunt: Liu. l. 25. an. 542. Italia ambobus provincia decreta. Jaē l. 27. an. 545. & 547. & 548. Sic Ausonum bello, Omni ope annixi sunt, ut ma•imum ea tempestate Imperatorē haberent, & ne forte casu erraretur, petitum ab Coss. ut extra sortem Coruini ea pr• uincia esset. Linius l. 8. an. 420. Sic bellum Volseum Camillo extra ordinem decretum. Idem. l. 6. an. 374. & idem Manlijs sine sort. Ibid. an. 276 Sic Martio novi hosts devernuntur. Idem l. 9. an. 448. Sic Coss. ambobus quaestio de clandestinis coniurationibus decreta est. Idem l. 39. an. 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, cùm bellum produci animadu•rterent, quod rebus vix dumb 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. an. 577.Sic cum Annibal ad portas, Bellum cum Annibale Coss. mandatum: Liu. l. 24. ann. 541. Consulibus belium cum Annibale & binae legiones decretae: Prae•ores prouincias sortili sunt: Liu. l. 25. ann. 542. Italia ambobus prouincia decreta. Iaē l. 27. ann. 545. & 547. & 548. Sic Ausonum bello, Omni ope annixi sunt, vt ma•imum ea tempestate Imperatorē haberent, & ne forte casu erraretur, petitum ab Coss. vt extra sortem Coruini ea pr• uincia esset. Linius l. 8. ann. 420. Sic bellum Volseum Camillo extra ordinem decretum. Idem. l. 6. ann. 374. & idem Manlijs sine sorte. Ibid. ann. 276 Sic Martio noui hostes deuernuntur. Idem l. 9. ann. 448. Sic Coss. ambobus quaestio de clandestinis coniurationibus decreta est. Idem l. 39. ann. 568. Sic Augustus prouincias validicres, & quas annuis magistratuum imperijs regi nec facilenec tutum erat, ipse suscepit, caeteras Procensulibus s•rtitò permisit. Suet. Aug. c. 47. In bello Macedonico Coss. prouincias sortiri parantes, cùm bellum produci animadu•rterent, quod rebus vix dum inc•oatis Imperatores aucarentur, cohibuerunt patribus adnitentibus Tribuni, & Quintio imperium prorogarunt: vt Liu. l. 32. ann. 557. Prouinciae quae in bello decretae. Idem l. 41. ann. 577.
That is not true therefore that one of our Writers saith, that gRome directed the main course of her government by the Fortune of this mock-destiny. 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 suites, and whether upon public pleas. Which course also as they brake, where the employments were of more special importance; so, if in using the Lot, it fell not out so, as seemed behovefull for the State, hthey made bold, as they might well do, to control the Lottery, and to dispose of things otherwise.
That is not true therefore that one of our Writers saith, that gRome directed the maine course of her gouernment by the Fortune of this mocke-destinie. For neither were the Officers themselues ordinarily chosen by Lot, neither did they retaine the vse of it in matters of speciall weight or difficultie: the only constant vse of it was in diuiding the Prouinces and Iurisdictions, as if the Iudges with vs should cast Lots for their Circuits; and the two in each Circuit whether should sit vpon priuate suites, and whether vpon publike pleas. Which course also as they brake, where the imploiments were of more speciall importance; so, if in vsing the Lot, it fell not out so, as seemed behouefull for the State, hthey made bold, as they might well doe, to controle the Lotery, and to dispose of things otherwise.
gClem. Edmund on Caesars comment. l. 1. c. 20.
hMummio Praetori Sardinia e•enerat: sed ca propter belli magnitudinem consularia f•cta est. Liu. l. 41. an. 577. Baebio & At•ilio primum Senatus consulto, deinde plebis etiam scito permutala provinci• sunt. Idem l. 35. an. 562. Hostilio jurisdictio urbana e•enerat: addita & peregrina, ut tres in provincias exirent. Idem lib. 27. an. •47. Cùm de Consularibus m•asors prima exisset, una vice Senatus frequens retinendum i• urbe cemsuit; hoc idem post me P•mpris acidic […] 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 jussus. Liu. l. 37. an. 565.Mummio Praetori Sardinia e•enerat: sed ca propter belli magnitudinem consularia f•cta est. Liu. l. 41. ann. 577. Baebio & At•ilio primum Senatus consulto, deinde plebis etiam scito permutala prouinci• sunt. Idem l. 35. ann. 562. Hostilio iurisdictio vrbana e•enerat: addita & peregrina, vt tres in prouincias exirent. Idem lib. 27. ann. •47. Cùm de Consularibus m•asors prima exisset, vna v•ce Senatus frequens retinendum i• vrbe cemsuit; hoc idem post me P•mpris accidi•〈…〉 vt nes duo quasi pignora reipublicae r•tineri videamur. Cic. ad Attic. Epist. 14. Fabiam Pictor•m Flamine•• Quirinalem cui Sardinia prouincia •n•neras, M•tellus Pont. Max. ads••ra retinuit: religio vicit, & dicto audiens esse Flamen Pontifici iussus. Liu. l. 37. ann. 565.
Thus again howsoever it were not unlawful simply, for many to join together in a Lottery (as ⟨p. 106⟩well as in a free contribution, which iJobs 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 kfor the raising and enriching of some one decayed Bankrupt' 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 againe howsoeuer it were not vnlawfull simply, for many to ioyne together in a Lotery (as ⟨p. 106⟩well as in a free contribution, which iIobs friends sometime did) for the raising againe of an honest man by crosses and casualties fallen behind hand: yet for a State to giue way to publike courses in that kinde kfor the raising and enriching of some one decaied Banckrupt' by the probable damage, yea and impouerishing of many others, that out of hope to gaine great matters may wring and wrong both themselues and their whole families thereby, may well seeme scarce warrantable, considering the hindrance of many therein procured for the helping of some one.
kDecoctores quidam in blanchis, ut aiunt, suis sortibus utuntur. Post el. de Magistr. Athen. c. 8. A notable abuse so used. Perkins of witchcraft.Decoctores quidam in blanchis, vt aiunt, suis sortibus vtuntur. Post el. de Magistr. Athen. c. 8. A notable abuse so vsed. Perkins of witchcraft.
Thus lastly how soever in goods bought in common, because lmen may be many times contentiously minded, and ready to take discontent even in the equallest courses; yea because men commonly in these cases mare 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 mans 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 it self ⟨p. 107⟩being no other then he may well forgo; yet for a man in such a case to put that to the hazard of a Lot, when he may otherwise 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, then could free such an action from imputation of evident inconvenience.
Thus lastly how soeuer in goods bought in common, because lmen may be many times contentiously minded, and ready to take discontent euen in the equallest courses; yea because men commonly in these cases mare wont to thinke that better, that goeth from them, though indeed it be not so; and that lesse that commeth to them, though it be the better part; when diuision hath beene made with as much equalitie as may be, or with such inequalitie as they shall both agree vpon, it is a course not lawfull and conuenient onely, but euen laudable and commendable, for mutuall satisfaction, by Lot to assigne each one his share: yea how soeuer in this, or in the like case; when a mans goods are so mixed with anothers in whose hands they both are; it were not vnlawfull for a man to put his whole right to them to the hazard of a Lot, for the procuring and purchasing of his peace, which cannot otherwise be had, with one whom he would not by any meanes, if it lay in his power, be at ods with the thing it selfe ⟨p. 107⟩being no other then he may well forgo; yet for a man in such a case to put that to the hazard of a Lot, when he may otherwise recouer it, which his estate will not beare, or may be otherwise more preiudiciall both to him and his, were not lawfull, because the damage that thereby might accrue, would be greater, then could free such an action from imputation of euident inconuenience.
l[Greek or Hebrew]. Plato de leg. l. 6.〈non-Latin alphabet〉. Plato de leg. l. 6.
mFertilior seges est alien•• semper in aruis; Vicinumque pecus grandius uber habet. Ovid. art•• l. 1. Aliena nobis, nostra plus alijs placent. P. Syrus.Fertilior seges est alien•• semper in aruis; Vicinumque pecus grandiꝰ vber habet. Ouid. art•• l. 1. Aliena nobis, nostra plus alijs placent. P. Syrus.
§ 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 mans self, or others, by giving occasion of sin unto the one or the other.
§ 7. For the latter point of Expediency and Inexpediencie the generall rule is, that that which is no necessary dutie, but a thing indifferent onely otherwise, may not be done, where there is strong presumption vpon good ground, that it shall spiritually endanger a mans selfe, or others, by giuing occasion of sinne vnto the one or the other.
I except necessary duties; because such are not to be omitted, though they may be occasion of sin unto others, or though we our selves cannot do them without some sin. nNot for the sin of others; for there is no duty so holy but that many may and will take occasion of evil by: even othe ministry of the word turneth to the evil of not a few, which yet is pnot in that regard to be neglected or omitted, because mans corruption cannot free any from the employment that God enjoineth him.
I except necessarie duties; because such are not to be omitted, though they may be occasion of sinne vnto others, or though wee our selues cannot doe them without some sinne. nNot for the sinne of others; for there is no duty so holy but that many may and will take occasion of euill by: euen othe ministery of the word turneth to the euill of not a few, which yet is pnot in that regard to be neglected or omitted, because mans corruption cannot free any from the imployment that God enjoineth him.
Nay, nor for our selves and our own sins are such duties to be forborne. For then should no good work at all be done of us; because qwe can do none so, but that some sin will stick to us in the doing of it. rAs a diseased Person therefore ought not to forbear his food, and by fasting to ⟨p. 108⟩starve himself (as fPomponius Atticus tand Cornelius Rufus, absurdly sometime did,) because uin 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 *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.
Nay, nor for our selues and our owne sinnes are such duties to be forborne. For then should no good worke at all be done of vs; because qwee can doe none so, but that some sinne will sticke to vs in the doing of it. rAs a diseased Person therefore ought not to forbeare his foode, and by fasting to ⟨p. 108⟩starue himselfe (as fPomponius Atticus tand Corelius Rufus, absurdly sometime did,) because uin feeding his body he shall withall feede his disease; nor a melancholy man is to pine himselfe to death, because where he is, he can come by none but melancholicke foode, such as is not so conuenient for a man of his constitution; but is to vse such as he can get for the preseruing of life where no other can be had: so in this case men are not to giue ouer hearing the word, praying, participating in holy things and the like, because they cannot heare so attentiuely, pray so deuoutly, receiue so reuerently, and religiously as they would and should; but *endeauour to doe all such good duties as God requireth of them so well as they can, leauing the issue and euent of the worke to the good prouidence of God in regard of others, to his gratious acceptance in regard of themselues.
Nec auarum te Deus, nec profusum vult: collocare te vult quae babes, non pr•ijcere. Aug. de 10. chord c. 12. Beneficia nec in vulgus effundenda sunt; & nullius r••, mi •imè benefici•rum, bonesta largitio est: quibus si detra•cr• iudicium, desinunt esse beneficia, in aliut quodlibe• iucidunt nomen. S••ec. benef l. 1. c. 2.
ySi 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, quàm ut sort eligeres, cui da•dū asset, quod dari utrique non posset. Aug. de doctrin• Christ. l. 1. c. 28.Si cum tibi abundaret aliquid, quod oport•ret dari ei qui non haberet, nee duobꝰ dari posset; occurrerent duo, quorum neuter vel indigentia, vel crga te aliqua necessitudine superaret, nibiliustius fac•res, quàm vt sorte eligeres, cui da•dū asset, quod dari vtrique non posset. Aug. de doctrin• Christ. l. 1. c. 28.
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bQuas provincias Praetoribus esse placeret, Consul ad Senatum retulit: decreverunt duas Romae, duas in Italia, duas extra Italiam; & extemplo sortiri jussi, Liu. l. 38. ann. 567. Nominatae jam antea Coss. provinciae erant: tum sortiri jussi. Idem l. 21. an. 536. Coss. Aetoliam & Asiam sortiri placuit. Idem l. 37. an. 565. Ligures & Galliam. Ibid. 38. an 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.Quas prouincias Praetoribus esse placeret, Consul ad Senatum retulit: decreuerunt duas Romae, duas in Italia, duas extra Italiam; & extemplo sortiri iussi, Liu. l. 38. ann. 567. Nominatae iam antea Coss. prouinciae erant: tum sortiri iussi. Idem l. 21. ann. 536. Coss. Aetoliam & Asiam sortiri placuit. Idem l. 37. ann. 565. Ligures & Galliam. Ibid. 38. ann 566. Senatus decreuit vt Coss. duas Gallias sortireutur. Cic. ad Attic. Epist. 14. His ita in Senatu, ad id, qua cuius prouincia foret, decretis, tum demum sortiri Coss. placuit. Liu. l. 36.
cCoss. cùm jam minus terroris à paeni• esset, sortiri jus•. Liu. l. 26. an. 543.Coss. cùm iam minus terroris à paeni• esset, sortiri ius•. Liu. l. 26. ann. 543.
dItaliam & 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.Italiam & Africam in sortem con•ci, ambo Africam cupientes volebant: populus rogatus quom vellet in Africam bellum gerere, Scipionem iussit. Liu. l. 30. Coss. vt Macedoniam cum Italia sortirentur petelant: ambobus Italia decreta. Ibid. 32.
eDecius iniuriam querebatur, irrita sieri fortunae arbitria: omnes ante se Cuss. 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.Decius iniuriam querebatur, irrita sieri fortunae arbitria: omnes ante se C•ss. preuincias sortitos, nune extra so•tem Fabio Senatum dare prouinciam: cui d•bium esse, vbibellum sit asperum & difficile, cum id alte• extra sortem mandetur, quin alter Consul pro superua•aneo a•que inutili habeatur? Liu. l. 10.
fPopuli consensu Hetruria extra sortem Fabio decreta est. Ibid.
