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A01540 A iust defence of certaine passages in a former treatise concerning the nature and vse of lots, against such exceptions and oppositions as have beene made thereunto to Mr. I.B. Wherein the insufficiencie of his answers giuen to the arguments brought in defence of a lusorious lot is manifested; the imbecillitie of his arguments produced against the same further discouered; and the point it selfe in controuersie more fully cleared; by Thomas Gataker B. of D. and author of the former treatise. Gataker, Thomas, 1574-1654.; Balmford, James, b. 1556. Modest reply to certaine answeres, which Mr. Gataker B.D. in his treatise of the nature, & use of lotts, giveth to arguments in a dialogue concerning the unlawfulnes of games consisting in chance. 1623 (1623) STC 11666; ESTC S102920 190,437 294

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of it selfe afford sufficient direction for the word is giuen vs in morall matters to supply the defects of it caused by our first Parents their fall g 1 Cor. 9. 7 8. 11. 13 14. Ad naturā Apostolus provocat Tertull. de virg vel Nec differt Scriptura quid an ratione consistat Idem cor mil. neither doth it abridge vs of the helpe and * Rom. 2. 14 15. Ipsa natura legis est instar ignorantibu●… legem Tertull. ad Marc. l. 5. vse of it for direction in such actions but adde a further and fuller helpe thereunto First then for the act it selfe in generall that is of it selfe good and lawfull and allowable by Gods Law for the doing whereof there is either precept or permission in Gods word and that either direct and expresse or collected by iust consequence h Deut. 5. 29 32 33. 12. 32. Quod praecipitur imperatur quod imperatur necesse est fieri Tertull. ad uxor l 2. Vbi praeceptum necessitas est servientis Ibid. if a precept it is necessarie and must be done i Deut. 12. 15 20 21 22. if permission onely it is indifferent and may be done or not done as shall seeme good to the party whom it concerneth Secondly for the subiect matter the manner of it and other such circumstances where they are by Gods word determined there such onely are lawfull as the word of God hath inioyned Where they are not determined there all such are lawfull as the same word k Concessum videtur quod non prohibetur Accurs ad Cod. Iust. l. 10. t. 1. l. 4. doth not forbid In the former that rule holdeth l Matth. 12. 30. Omnia sunt prohibita qu●… non reperiuatur concessa Gloss. ad Dig. l. 47. t. 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 quae non inveniuntur prohibita 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. 24. 4. it was lawfull in any place because no certaine place was designed but after it was once determined o Deut. 12. 5 6 11 13 14. it was lawfull in no place but that alone that God had expresly thereunto assigned So for the Passeouer and other offerings and the time and season of either the ordinary sacrifices I meane the voluntarie or free-will offerings p Lev. 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 Passeouer might be celebrated onely at one time because the time of it was determined This would the rather be obserued for the readier answering of some friuolous obiections made by some Separatists What warrant say they haue you to vse this or that forme of prayer or to pray vpon a booke I answer It is warrant sufficient that r Luk. 18. 1. 1 Thess. 5. 17. 1 Tim. 2. 1. 8. we are inioyned to vse praier and s Matth. 6. 9 12. Act. 8. 22. 1 Ioh. 1. 9. such kinde of praier confession of sin and supplication for pardon c. no set forme thereof determined therefore any fit forme warrantable this forme that we vse not vnfit otherwise this forme therefore allowable And let a man demand of one of them when he praieth what warrant he hath to vse that forme that he then vseth he can answer no otherwise or if in effect otherwise he shall answer otherwise than well So for a booke the meanes of helpe are not determined and this one among others this therefore not vnwarrantable And if one of them should be asked how he proueth it warrantable to vse a printed booke to reade on in the Church he shall not be able to make other answer than as before for neither precept nor practise can be found in the word for the vse of a thing that was not knowne in those times wherein the word of God was written But to apply this to the present First t Eccles. 3. 4. Zech. 3. 10. 8. 5. Recreation in generall is granted by all to haue good warrant from Gods word as a thing both allowed by permission and inioyned by precept if not directly and expresly yet at least by iust consequence and therefore I will not stand vpon the proofe of it Secondly for the matter and manner of it or the things wherewith we may recreate our selues u Certum est in divinis literis nullam de ludis aut regulā aut formam praescribi quamvis in eis multa ludorum genera leguntur Martyr in Iud. c. 14. there is nothing determined any meanes therefore of recreation that are not against the generall Rules of * Rom. 13. 13. 1 Cor. 14. 40. comelinesse and decencie of x 1 Cor. 6. 12. 10. 23. Rom. 14. 21. conueniencie and expediencie y 1 Cor. 10. 31. Coloss. 3. 17. of religion and pietie and the like are by the word of God allowed and haue from thence sufficient warrant For example If question be whether Boules or Chesse be lawfull or no what can there be said in iustification o●… them more than this that recreation in generall is by Gods word allowed the matter of it in particular not determined these games not prohibited therefore lawfull and allowable Now the very same may be said of Lots and Lotterie Game in generall is allowed no particular matter or manner of it prescribed any therefore lawfull that is not against the generall rules of Gods word this of Lotterie such and therefore allowable If any shall say that the particular matter or manner of recreation is determined z Affirmanti incumbit probatio Paulus in Dig. lib. 22. tit 3. leg 2. Et Vlpian ibid. leg 22. he must shew where Or if any shall say that this particular by Lots is against the generall rules of Gods word otherwise he must shew which and how Otherwise there is no ciuill action almost that shall be iustifiable as a Hebraeis Asiaticis omnibus ignotum invsitatum id genus vestitus decent phrases illae lumbos acc●…gendi Exo. 12. 10. pedes contegendi Iud. 3. 24. sed nec Romanis in usu quod Casaub. notat ad Suet. Iul. going in doublet and hose b Et haec illis olim plaerisque Orientalibus adhuc invsitata wearing band and cuffs c In zona siquidem olim gesta●…utur pecumi●… Ma●… 10. 9. Ma●… 6. 8. carrying a mans purse in his pocket d A●…ubitus priscus conviv●…tium 〈◊〉 gest 〈◊〉 26 20 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Marc 14. 18. 〈◊〉 〈◊〉 〈◊〉 〈◊〉
sinne of those that regarding not the Cautions by them annexed to the Doctrine of it vse it otherwise than they ought Oh that M r. G. had considered what he writeth I. B. p. 107. before cited and what he writeth p. 103. 104. viz. Where inconueniences that shall necessarily or in good probabilitie appeare to accompanie the thing questioned or ensue vpon the doing thereof shall be such and so great as the Conueniences which stand on the other side shall not be able to counteruaile there that action is worthily disallowed as inconuenient and a Lot consequently vnlawfull what he writeth in his Spirituall Watch p. 27. viz. The rifer any euill is in those places or ages we liue in the more carefull should we be to shun and auoid such a sinne No doubt he would haue taken heed how by writing he make way to the sinne of or by Lusorious Lots 1. I am much beholden to M r. B. for his T. G. good wishes The Considerations that he wisheth I had taken into thought are indeed good and needfull but vnlesse he can assume and make good his Assumption that the penning and publishing of my Discourse is such and so inconuentent as is therin specified he hath little reason to perswade himselfe that it must needs doubtlesle haue preuailed with me to the staying and suppressing of my Booke Which yet had it appeared in probabilitie and likelihood to haue beene I should not haue failed to be as chary of the publishing of it as M r. B. himselfe would haue had me to be 2. Nor doe I doubt but as I writ that m Ephes. 5. 15 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plut. de laud. sui euils the rifer they are the more carefull wee should be to shun and auoid them But that by defending of the lawfulnesse of a Lusorious Lot in it selfe I make way to sinne in the vse or rather in the abuse of it I denie and my deniall standeth good vntill the point it selfe be disproued I doe no more make way to the one by defending the other than some of the Ancient n Epiphan de haeres August de morib Manich. l. 2. c. 16. Fathers made way to the abuse of Wine either by Drunkennesse or otherwise when they defended against the o Vinum fel principis tenebrarū dicebant Manichees Tatiani Encratitae and others that Wine was Gods good Creature and men might lawfully drinke of it Or than so many of our p Calvin Martyr Bucer Aretius Bucan Piscat Perkins c. late writers as defend the lawfulnesse of an Oath lawfully vsed against the Anabaptists that vtterly condemne all vse of it doe thereby make way for the iustification of that ordinarie vaine swearing that is q Quis estoro praeter paucos qui non ad hoc semper Christi nomen in ore habeat ut pejeret In id penitus deducta est res vt Christi nomen jam non sacramentum esse videatur sed sermo Pluresque invenias qui saepius perjurent quàm qui omninò non jurent Salvian de provid l. 4. c. 10. as rife yea far rifer than any abuse of Dice or Lot-play either is or can be Many Diuines and intelligent men though of I. B. Opinion that lusorious mixed Lots may be vsed lawfully yet wish that M r. G. had neuer published his Booke For a running Horse say they needeth no spurring And many Diuines and intelligent men pressed T. G. the publishing of it and that more of them and with more importunitie many of them than is fit for me here to relate I may truly adde that some euen of contrary iudgement aduised it Nor doe I spurre any running Horse in my Booke but endeuour only to vngirt some that M r. B. and some others had girt in more than was meet or than they had any good warrant so to girt in out of Gods word and to ease such as might thereby be not girt onely but galled too For my part I wish that M r. G. had beene affected I. B. in writing as he professeth himselfe to be in the vse of lusorious Lots p. 266. Nor can I blame M r. B. though his wishes T. G. be vnequall that he wisheth so oft that I had not by writing contradicted the subiect matter of his Dialogisticall Discourse which yet hee himselfe by a peremptorie Challenge incited me first vnto and by his after-demeanure in a manner inforced me further to publish But me thinks if M r. B. were so desirous to be informed if he erre herein as * My desire is either informatiō if I erre c. But whether I erre or no which yet I would gladly vnderstand for I ought not to teach an vntruth though to Gods glory M. B. epist. dedicat before Dialog else-where he professeth and to haue s 1 Thess. 5. 21. Try all things c. In the Frontispice the Truth tried and cleared as he would seeme else-where also to intimate yea or if he were not loth to haue his opinion herein scanned or discussed or were not somewhat suspitious of it that it would not endure light he should not be so vnwilling to haue it dealt with by others he should not take it so euill as he doth that he is contradicted in it nor would he cast so much impertinent by-matter here in the way that may rather hinder than further the pursuit of the truth with that Christian affection that in such cases ought to be held but proceed rather directly to the making good of his owne Arguments as in my writing giuen him I came to the Answer of them directly If hee would gladly vnderstand from others whether he be in an error why excepteth he so much against me for doing no more than himselfe saith he would gladly haue done If he mislike that it is by writing and publikely done he may well blame himselfe for either nor see I with what equitie he can require to be refuted onely in priuate when his errors are in Print abroad But let vs heare him yet once further and so an end with his Preface Well whatsoeuer M r. G. writeth dogmatically I. B. he wisheth thee good Reader to imitate him in his practise to wit that albeit in iudgement thou art rightly informed of the truth concerning the lawfulnesse of these Games in themselues yet in godly discretion thou wouldest rather abandon them considering the too too common and ordinarie abuse of them and that many it may be among whom thou liuest may remaine vnresolued and vnsatisfied touching the lawfulnesse of them p. 267. I desire the same and therewith a suspending thy iudgement vntill thou haue well considered my Dialogue M r. G s. Answers and my Reply together with mine Answer to his positiue grounds Here I promise with M r. G. p. 128. to raze what I haue reared if my Reply and Answers be proued insufficient and so t Act. 20.
32. commend thee to God and to the word of his Grace which is able to build further Onely u 2 Tim. 2. 7. consider what I say and the Lord giue thee vnderstanding in all things I wish indeed as M r. B. saith but without T. G. preiudice to any that vse those games no otherwise than they ought as x 1 Cor. 7. 7 8 9 27 28. the Apostle wished others in another kinde as himselfe yet withall acknowledging the libertie that Gods word and Spirit had giuen in that point and not censuring others that therein did not as he did For the rest I require of thee good Reader the same for this my Reioinder that M r. B. doth for his Reply and of M r. B. the performance only of what here he promiseth And so requesting Gods grace for vs all that both in this and in all other points in these queasie times controuersed we may without all partialitie and by-respects bend our selues to the discouery of the Truth and without pertinacitie and endeuour by silly shifts to elude it yeeld our selues to it where it is discouered vnto vs not considering y N●…n quis dicat attendendum sed quid dicatur Ne verum fiat quod v●…lgo dicitur Idem duo cum faciunt non est idem Ter. Ad●…lph 5. 3. Et i●…tandum Areopag●…tas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lucian de sectis by whom it is either deliuered or discouered but by what force and strength of Argument we are conuinced of it I proceed in the next place after one rub more remoued from this tedious needlesse and impertinent Preface to the maine body of M r. B s. Booke ANSWER TO M r. B s. POST-SCRIPT After the PREFACE is this Post-script added TO THE READER I. B. THAT I may doe M r. G. no wrong I am to let thee know that the 14. of March 1622. Stil Ang. M r. G. denied naming me when he confuted mine Arguments in Pulpit yet confessing that hee named me in Pulpit with others diuersly dissenting from him in Iudgement touching Lusorious Lots when he entred into the Question of playing with Lots And that thou maist good Reader vnderstand T. G. the full truth Be pleased I pray thee to spend yet a little more idle time with vs while I relate as briefly as I well may as well vpon what occasion as what it was that I spake to M r. B. at that time that here he mentioneth Being informed that it was giuen out by some of M r. B s. acquaintance that vpon the offering of this his Discourse to be licenced for the Presse and complaint made by him of supposed wrong that I had done him in confuting him in open Pulpit by Name it was by that Reuerend Doctor that licenced my Booke acknowledged that I had indeed done M r. B. wrong and that I should therefore giue him satisfaction in priuate but that M r. B. would not therewith be satisfied but would haue it done in publike since the wrong was such and that the same Reuerend Doctor should say that if my Treatise of Lots were againe to be licenced he would not haue licenced it all which was vtterly vntrue and supposing that this could come from none but M r. B. himselfe I desired meeting him neere Pauls Church to haue a few words with him Which granted I related vnto him what I had heard named the party said to haue made such report demanded of him whether either any such report came frō him or the things reported themselues were true M r B. denying both to be the Author of the report and the truth of the things reported for that I there rested But I further told him that I vnderstood that he had offered a Discourse for the Presse against part of my Booke which I wished with all mine heart might come forth a Ex mutuo conflictu velut ignis è silice veritas elicitur emicat the truth I hoped would thereby the better be cleared and I should willingly be informed of ought that I erred in to which purpose I told him that I had also dealt earnestly as well with D r Westfield who I know well will testifie as much when it was tendred to him some three yeeres agoe as also since with D r Featly the party before mentioned which M r. B. also acknowledged to haue vnderstood from him that they would be pleased at my request to allow it for the Presse Which why they refused to doe is needlesse here to relate I told him further that I was informed of two things in it the one that I was accused therein to haue confuted him in the Pulpit by name the other which much more neerely touched me that I was charged to maintaine in that my Treatise some Assertions that were blasphemous The former he affirmed that he had heard by many I told him those many if there were such were very much to blame And withall by solemne protestation as in Gods presence denied that I had by name in Pulpit refuted either him or any other that I dealt with in this Argument How I named him or his Booke rather and so him with it I told him to wit that hauing propounded the Question concerning the light vse of a Lot I recited those Authors that had written of this Subiect viz. B. King vpon Ionas B. Babington on the Decalogue Peter Martyr on Iudges Danaeus of Lot-play Perkins Cases of Conscience Fennor of lawfull Recreations Easty historie of the Gospell Bamford Dialogue of Games consisting in Chance whereof some were of one minde some of another and if I should dissent in decision of the Question from any of them I desired it might be without offence adding that b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot. ethic lib. 1. cap. 6. Pijque ac prudentis cujusque illud est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lucian asino promise that M r. B. hath before related After which hauing deliuered mine owne Iudgement propounded and prosecuted the Reasons that I had for it I then answered the Obiectōs on the other side reduced to some heads and according to those heads handling them taking sometime also some part of one and the same Obiection from one and some part of it from another who had somewhat further pursued it but not naming as those may testifie that haue my notes yet in their hands any one of those whom then I dealt with Vpon relation of this or the effect of it with such protestation M r. B. affirmed that he was therein satisfied and beleeued it to be so as I said And now iudge I pray thee what I say not Charitie or Conscience but candor and ingenuitie at least M r. B. hath shewed in charging me peremptorily and that more than once after this my protestation and his owne acknowledgment of the truth publikely in Print with confuting him by Name in open Pulpit and breach of Charitie in so doing If M
this inferred vpon ought that went before Or what if M r. G. say so What doth that auaile M r. B. vnlesse he can proue it so to be * Hypothesis nihil ponit in esse A supposition we say giueth no being to ought Let M r. B. assume and make good his Assumption and all will soone be at an end I. B. Nay I may make yet more aduantage For I may say That maintaining the vse thereof in Gaming as it is a Lot by practise much more by writing is against Charitie as well as against Piety For so a weake brother is offended and consequently Christ sinned against 1 Cor. 8. 11 1●… that brother being occasioned by error of iudgement to stumble I haue this reasoning from M r. G. himselfe p. 255. T. G. M r. B. I see is halfe weary of his worke that giueth still but a short snatch at it and then b In via lassus quaerit diverticula Hieron ad Laetā starting aside from it c Quod canis in Aegypto bibit sugit de Antonio dictum Macrob. saturn l. 2. c. 2. In illis siquidem regionibus constat canes raptu Crocodilorum exterritos currere bibere Macrob. as the Aegyptian Dogs vse to doe drinking in Nilus runneth out into by-matters that nothing concerne it The Question is whether a Lot vsed in game as it is a Lot be against Charitie or no. M r. B. proueth it is because some weake ones are thereby scandalized as if the vse of euerie Lot in Game whether in priuate or in presence of others strong or weake must needs of necessitie euer scandalize one or another or as if the scandall when such were either taken or giuen did not arise either from the inconsiderate act of the one or the erroneous conceit caused it may bee by M r. B. of the other or from both and not from the Nature of the Lot so vsed it selfe By M r. B s. rule to eat flesh as it is flesh to speake as he speaketh or to eat it vpon such a day as it is such a day shall be against Charitie and of it selfe euill because some and not a few are at some time scandalized thereat But I haue sinned against Charitie by writing my Booke M r. B. of all other should not charge mee therewith for who seeth not that in this Cause he will be deemed as d In lite judex quisque corruptus sua est a partie He writeth against the vse of a Lot in Game and thereby seeketh to possesse mens mindes with a superstitious conceit of it which if another seeke to remoue and ease mens minds of he condemneth them of breach of Charitie sinning the meane while therein though I perswade my selfe ignorantly both against Pietie and Charitie and ministring thereby the cause of the scandall himselfe Yea obserue I pray you M r. B s. dealing in this businesse Hee seemeth in his Epistle Dedicatorie to be e Whether I erre or no which yet I would gladly vnderstand Epist. dedic to Dialog doubtful whether he erre or no affirmeth that he would be glad to vnderstand it if he doe And yet no sooner is any mans mouth open to debate the matter with him but he crieth out by and by that they sinne against Charitie in offering to iustifie a lusorie Lot If it be indeed a breach of Charitie to discouer a grosse error and to endeuour to remoue a scandall by satisfying the mindes and better informing the iudgements of those that are therefore scandalized because misinformed I then confesse my selfe guilty herein If not let the blame lie on the heads of those that at first caused the scandall and of those that will f Si de veritate scandalum sumitur utilius scandalum nasci permittitur quam veritas relinquatur Aug. de lib. arb Et Beda in decretal de reg Iur. c. 3. causlesly take scandall at those that seeke to remoue it The fourth Argument A Fourth Argument may be taken from the benefit T. G. of Lots Chap. 4. Sect. 7. Argum. 4. of Christian liberty by vertue whereof euery Christian man hath y Libertatis Christianae pars tertia ut nulla rerum externarum per se indifferentium religione coram Deo teneamur quin ●…as nunc usu●… 〈◊〉 nunc omittere indifferenter liceat hujus cognitio si aberit ●…lla 〈◊〉 js nestris quies nullus superstitionum futurus est ●…inis ●…o de●…um 〈◊〉 ut super 〈◊〉 transversam incedere nefas ducatur Calvin instit lib. 3. cap. 19 § 7. a free vse of all Gods good creatures to imploy them vnto such purposes as by any z Ipsa 〈◊〉 〈◊〉 dotes satis demonstrant quorsum quatenus 〈◊〉 〈◊〉 Ibid. cap. 10 §. 2. naturall power they are inabled vnto within the bounds aboue mentioned But in these ordinarie ciuill and diuisorie Lots be they serious or lu●…orious the creatu●…e is vsed to no other end or vse but what it hath a naturall power vnto and * Sortibus uti li●…et in rebus potestati nostrae subditis Krakevitz in Ion. c. 1. such as by the mutuall consent and agreement of those that vse it it may be inabled to effect For it is in the naturall power of the creature vsed to moue or to be moued diuersly and vncertainly in regard of those that make vse of it and it is further in the power of it by their mutuall agreement to determine such matters as are ordinarily wont to be determined thereby Which therefore * Sors non est mala nisi ex admixta irreligiositate aut injustitia aut imprudentia Cajet sum vit so long as the vse of it is kept otherwise free from superstition and impiety or from iniustice and dishonestie ought no more to be exiled from a Christian mans recreations than any other creature or ordinance whatsoeuer that hath any naturall power to delight and giue contentment in that kinde Now then with some comfort I proceed to the I. B. Answer fourth Argument as M r. G. calleth it p. 134. By vertue of Christian liberty euery Christian man hath a free vse of all Gods good creatures to imploy them vnto such purposes as by any naturall power they are inabled vnto But in lusorious Lots the creature is vsed to no other end or vse but what it hath a naturall power vnto and such as by the mutuall consent and agreement of those that vse it it may be inabled to effect Therefore it is no more to be exiled from a Christian mans recreation than any other creature that hath any power to delight With this Argument M r. B. dealeth iust as with T. G. Reply the first Hee leaueth out that hee may by that meanes finde matter to worke vpon those words in the Proposition within the bounds aboue-mentioned that is so that the same be not either against Piety or Charitie which had beene in the former Argument insisted