§ 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 ⟨p. 6⟩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 osome 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, pthat confound qthe 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 rbeans white or black, or of beads and stones, sor bones or shells ⟨p. 7⟩whole or holed tinto a pitcher or other vessel prepared to that purpose; (whereunto Alcibiades alluded sometime when he said, uHe 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 *the Lotteries 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, xthat draw within the compass of Lottery ythe proof of Aaron's right to the Priesthood by that miraculous budding and fruit-bearing of his Almond-tree rod, zthe trials of quarrels in question of right by duels and combats, canonical purgations, aby taking of the Host or the Eucharist, as also bby fire and water anciently used even cin these parts, ddivination by mens names as foretelling their fortunes, and whether should prevail either against other, and the like:
§ 4. Out of that therefore which hath bene said of the nature of a Lot may be raised, as I take it, somewhat a better definition, or at least description ⟨p. 6⟩of Lotery, to wit, that it is the deciding or determining of a doubt by some casuall euent. For that Lotery is not but where some question or controuersie 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 vpon by all. Now whereas many and sundry, yea infinite in a manner are the meanes wherby questions and controuersies are determined, of all these it is osome casualtie or casuall euent onely that is made choise of for the determining of the doubt in that which we properly terme Lotery. In regard whereof as they wander farre from the right path in this point, pthat confound qthe suffrages or voices anciently vsed to be giuen either in election of Magistrates and Officers, or in matter of judicature for the acquiting or casting of the party in question by casting of rbeanes white or blacke, or of beades and stones, sor bones or shels ⟨p. 7⟩whole or holed tinto a pitcher or other vessel prepared to that purpose; (whereunto Alcibiades alluded sometime when he said, uHe would not trust his owne Mother with the tryall of his life when he could auoide it, for feare lest shee should vnwittingly cast in a blacke beane for a white:) with *the Loteries vsed in the like manner for the disposing of some offices and places of imployment also in the State, as if they were of the same nature, whereas indeed they are not. So they seeme to shoote also no lesse wide in this businesse,
- oIn 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.In a Lot there must be 2 things: 1 a casuall act: & 2 the applying of that act to the determination of some controuersie. Perkins Cases of Consc: l. 3. s. 4. q. 2. resp. 2.
- pSerar. in Josh: c. 7. q. 17. ex Plut: [Greek or Hebrew] Pythag: [Greek or Hebrew]. 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. [Greek or Hebrew] & [Greek or Hebrew]; cum de sortitioni•us i• utrumque dicatur.Serar. in Iosh: c. 7. q. 17. ex Plut: 〈non-Latin alphabet〉 Pythag: 〈non-Latin alphabet〉. Suffragiadicit, qua fabis ferebantur. ••. Steph: •ectè. Fabis & calculis in vrnam co•iectis Iudices 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. 〈non-Latin alphabet〉 & 〈non-Latin alphabet〉; cum de sortitioni•us i• vtrumque dicatur.
- q[Greek or Hebrew]. Suidas. Et inde [Greek or Hebrew] dicitur per i•cū A•istophani Equip: populus Atheniensis. i. [Greek or Hebrew], à fabis quibus [Greek or Hebrew] utebantur, Hesych: Suid: & Aristoph: Schol.
