re some of John Briard of Ath, a notable theologian, who was
subsequently Vice-chancellor of Louvain:
1508. Whether a man who has confessed all his mortal sins but
has omitted his voluntary occasions of stumbling, is bound to
confess over again.
Whether we are bound by the law of love to deliver a neighbour,
against his will, from oppression, infamy, or death, when we
cannot do so without hurt or danger to ourselves.
Whether beneficed students on account of their studies are
excused from reading their canonical hours.
We will now consider in brief Briard's handling of the following
question: 'Whether a prize of money won at Bruges or elsewhere by the
hazard known as the game of the pot, or what is commonly called the
lottery, may be retained with a clear conscience as a righteous
acquisition?'
'For the decision of this question I premise:
1. Firstly, that gain is not to be considered unlawful because
it comes by good fortune, and not by one's own labour.
The truth of this preamble is shown thus: If gain coming by
good fortune is unlawful, it follows that all gain arising from
division by lot is unlawful. But this is false: therefore, &c.
The consequent is proved by the fact that all such gain rests
on good fortune. The falsity is shown by the opinions of almost
all the doctors who write on this subject:
St. Thomas, 2.2, question 95, article 8, shows that there is
nothing wrong in dividing by lot, between friends who cannot
otherwise decide.
In this opinion agree Alexander of Hales, part 2 of his
_Summa_, question 185, membrane 2; Angelus in his _Summa_ under
the word _sors_, section 2, after the gloss in _Summa 26_,
question 2; Antoninus, part 2, title 12, chapter 1, section 9.
2. Secondly, that gain is not to be considered unlawful because
it comes without labour. This would exclude gifts.
3. Thirdly, that gain is not to be considered unlawful because
it comes from cupidity, avarice, forbidden trade, or opus
peccaminosum , unless there is
fraud, deception, or the like.
See Petrus de Palude, book 4, distinction 15, question 3,
conclusion 4, about the gain arising from acting. Also Angelus
in his _Summa_ under _restitutio_, part 1, section 6.
4. Fourthly, that a work which brings public advant
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