Tit. 5. Cases of Conscience about Lusory Contracts

Quest. 1. Is it lawful to lay wagers upon the credit or confidence of one another’s opinions or assertions in discourse? As e. g. I will lay you so much that I am in the right?

Answ. Yes, if these three things concur: 1. That the true end of the wager is, to be a penalty to him that shall be guilty of a rash and false assertion, and not to gratify the covetousness of the other. 2. That it be no greater a sum than can be demanded and paid, without breach of charity, or too much hurt to the loser (as above the proportion of his error). 3. That it be no other but what both parties are truly willing to stand to the loss of, if either of them lose, and that beforehand they truly seem so willing to each other.

Quest. II. Is it lawful to lay wagers upon horseraces, dogs, hawks, bear-baitings, or such games as depend upon the activity of beast or man?

Answ. Yes, upon the two last expressed conditions; and, 3. That it be not an exercise which is itself unlawful, by cruelty to beasts, or hazard to the lives of men, (as in fencing, running, wrestling, &c. it may fall out if it be not cautelously done,) or by the expense of an undue proportion of time in them, which is the common malignity of such recreations.

Quest. III. May I lawfully give money to see such sports, as bear-baitings, stage-plays, masks, shows, puppet-plays, activities of man or beast? &c.

Answ. There are many shows that are desirable and laudable, (as of strange creatures, monsters, rare engines, activities, &c.) the sight of which it is lawful to purchase, at a proportionable price; as a prospect through one of Galileo’s tubes or such another, is worth much money to a studious person. But when the exercise is unlawful, (as all stage-plays are that ever I saw, or had just information of; yea, odiously evil; however it is very possible that a comedy or tragedy might with abundance of cautions be lawfully acted,) it is then (usually) unlawful to be a spectator either for money or on free cost. I say, (usually,) because it is possible that some one that is necessitated to be there, or that goeth to find out their evil to suppress them, or that is once only induced to know the truth of them, may do it innocently; but so do not they, who are present voluntarily and approvingly. 3. And if the recreation be lawful in itself, yet when vain persons go thither to feed a carnal fancy and vicious humour, which delighteth more in vanity, than they delight in piety, and when it wasteth their time and corrupteth their minds, and alienateth them from good, or hindereth duty, it is to them unlawful.

Quest. IV. Is it lawful to play at cards or dice for money, or at any lottery?

Answ. The greatest doubt is, whether the games be lawful, many learned divines being for the negative, and many for the affirmative; and those that are for the affirmative lay down so many necessaries or conditions to prove them lawful, as I scarce ever yet saw meet together; but if they be proved at all lawful, the case of wagers is resolved as the next.

Quest. V. May I play at bowls, run, shoot, &c. or use such personal activities for money?

Answ. Yes, 1. If you make not the game itself bad, by any accident. 2. If your wager be laid for sport, and not for covetousness (striving who shall get another’s money, and give them nothing for it). 3. And if no more be laid than is suitable to the sport, and the loser doth well and willingly pay.

Quest. VI. If the loser who said he was willing, prove angry and unwilling when it cometh to the paying, may I take it, or get it by law against his will?

Answ. No, not in ordinary cases: because you may not turn a sport to covetousness, or breach of charity; but in case that it be a sport that hath cost you any thing, you may in justice take your charges, when prudence forbids it not.