§ 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 ⟨p. 8⟩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 inconveniency 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 edivination 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 ⟨p. 9⟩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.
§ 5. Where let me adde yet one thing further, that it is not only necessary in the matter of Lotery, that the thing be casuall that is applied to the deciding of a doubt, but that it be thereto applied so far forth as it is casuall, (I speake in regard of the creature both vsing and vsed) not as it hath either in it ⟨p. 8⟩owne nature, or in the conceit or counsell of those that make such vse of it, any speciall relation otherwise to the businesse thereby to be decided. An instance or two will helpe to cleare my meaning herein. For a man therefore requested to ride abroad on a rainy day with his frend, to say, I will ride, if it hold vp by noone, if it doe not, I will not stirre abroad: or for a man being crossed casually by an Hare on his way, to conjecture thereby of the euent of his iourney, and to determine thereupon of proceeding or stay, or of this or that successe in the same; there is in either of these cases a doubt decided by a casualtie, but that not considered as a casualtie, but as hauing otherwise a peculiar relation to the businesse intended, and the conueniency or inconueniency of it effected by it in the one and presaged by it in the other, and therefore making no Lotery: In which point also some of the former Authors seeme to faile, when they bring in ediuination by the flight of Fowles, and by their eating or refusing their food vnder this head. But for a man pressed in that manner to accompanie his frend, to say, we will draw cuts whether we shall stay or go, or whether I shall goe with you or you stay with me, and put off your iourney to some other time: or being vpon the way togither, and disagreeing in opinion concerning the shaping of their course, to referre the question and controuersie betweene them to be decided by the flight of the next Fowle, or the footing of some Beast that hath gone before them on the way: here is matter of casualty regarded as it is meerely casuall, and in that respect applied to decide ⟨p. 9⟩the present doubt, which no man therefore, I suppose, will deny to be Lotery indeed. And thus we see what both a Lot and Lotery is in generall, to wit, A Lot some casualty or euent meerely casuall purposely applied to the deciding of some doubt: and Lotery the deciding or determining of some question or controuersie by such casuall euents considered as they are such.
- e[Greek or Hebrew] Delrio disq. mag. l. 4. c. 2. q. 7. § 3.〈non-Latin alphabet〉 Delrio disq. mag. l. 4. c. 2. q. 7. § 3.
