Such plays as depend upon chance & are understand by the name of dice play,1 are both by the civil laws & by the fathers condemned. In the digestes de aleatoribus the Praetor saith: If a dice player be injured by his fellow, I will not give him judgement. But if one steal or do violence to an other, I will in deed render right, although they be unworthy. And afterward: if a man compel an other to play, let him be punished, so that he be cast either into the quarries to dig stones, or else into the common prisons. By these things it appeareth, that by the civill law to play at dice was a thing very odious. Cicero in .2. Phillip. against Anthonius: His house (saith he) is full of dice players and drunkards. Farther, the laws add, if dice players lay any wagers among themselves, they are not firm. Howbeit it is permitted unto them of the household to play among themselves, for that which may afterward be eaten in a feast. But in the Code de religiosis sumptibus funerū, it is more severely ordained of play, dice, & dice players. In the old time soldiers were permitted to play at dice after their business done. But the Emperor complaineth that at that time all men played, & in trying of chances, wasted all their patrimony, & lastly added blasphemy against God. Wherefore he decreed, that it should not be lawful for any man to play, nor to look upon him that playeth: & he admonisheth the Bishops, diligently to look that these things be observed. The same Justinian the Emperor in his Authentics, in the title de sacrosanctis Episcopis, in the paragraph Interdicimus doth prohibit by name, that no Bishop, Priest, or Deacon, should either play themselves, or look upon them that play. But if they shall do otherwise, he giveth commandment to thrust then into Monasteries for three years. Now let the Popes go and say, it is not lawful for Emperors to ordain of Ecclesiasticall matters. De excessu praelatorum, in the chapter Inter dilectos, because ⟨image 226⟩a certain Canon was found to be a dice player, & had in play given his money to usury, to receive for .x. pieces of money .xii. he was deposed. Also de vita & honestate clericorum, chap. Clerici: Let them not play at dice nor tables, neither let them be present at such plays. The same thing is had in the distinctions .35. chap. 1. Either let them cease to play, or else let them be condemned.
Such playes as depend vpō chaunce & are vnderstand by the name of diseplay,1 are both by the ciuil lawes & by the fathers condemned. In the digestes de aleatoribus the Pretor sayth: If a diseplayer be iniuried by his fellowe, I will not geue him iudgement. But if one steale or do violence to an other, I will in deede render right, althoughe they be vnworthy. And afterward: if a mā compell an other to playe, let hym be punished, so that he be cast either into the quarreys to digge stones, or els into the cōmon prisons. By these things it appeareth, yt by ye ciuill lawe to playe at dyse was a thyng very odious. Cicero in .2. Phillip. agaynst Anthonius: His house (sayth he) is full of dyseplayers and dronkardes. Farther, the lawes adde, if dyseplayers lay any wagers among thēselues, they are not firme. Howbeit it is permitted vnto them of the household to play among themselues, for that whiche may afterward be eaten in a feast. But in the Code de religiosis sumptibus funerū, it is more seuerely ordeyned of play, dyse, & dyseplayers. In ye old time souldiers were permitted to play at dise after their busines done. But ye Emperor complaineth that at yt tyme al men played, & in trying of chaūces, wasted all their patrimony, & lastly added blasphemy agaynst God. Wherefore he decreed, that it should not be lawfull for any man to play, nor to loke vpon hym that playeth: & he admonisheth the Bishops, diligently to loke that these things be obserued. The same Iustinian the Emperor in his Authētiques, in the title de sacrosanctis Episcopis, in the paragraphe Interdicimus doth prohibite by name, that no Bishoppe, Priest, or Deacon, should either playe themselues, or looke vpon them that playe. But if they shall doo otherwyse, hee geueth commaundement to thrust then into Monasteryes for three yeares. Nowe let the Popes go and saye, it is not lawfull for Emperours to ordayne of Ecclesiasticall matters. De excessu praelatorum, in the chapter Inter dilectos, bycause ⟨image 226⟩a certayne Chanon was found to be a dise player, & had in play geuen hys money to vsury, to receaue for .x. peeces of money .xii. he was deposed. Also de vita & honestate clericorum, chap. Clerici: Let them not play at dise nor tables, neither let them be present at such playes. The same thing is had in the distinctiōs .35. chap. 1. Either let them cease to play, or els let them be condemned.
- 1Of dyseplaye. Dyseplaye is condemned by civil laws.Of dyseplaye. Dyseplaye is condemned by ciuile lawes.
