By several Stats. of George II, all private lotteries by tickets, cards, or dice, (and particularly the games of faro, basset, ace of hearts, hazard, rolly polly, pas dice, and all games with dice, except backgammon) are prohibited under a penalty of 200l. for him that shall erect such lotteries, and 50l. a time for the players. Public lotteries unless by authority of Parliament, and all manner of ingenious devices which in the end are equivalent to lotteries, were before prohibited by a great variety of statutes, under heavy pecuniary penalties.
The Stat. 13 George II. c. 19, to prevent the multiplicity of horse races, another fund of gaming, directs that no plates, or matches, under 50l. value each, shall be run, upon penalty of 200l. to be paid by the owner of each horse running, and 100l. by such as advertise the plate.
By Stat. 18 George II. c. 34, the Stat. 9 Ann is further enforced, and some deficiencies supplied:—the forfeiture of that act may now be recovered in a court of equity; and moreover, if any man be convicted upon information or indictment of winning or losing at any sitting, 10l. or 20l. within twenty-four hours, he shall forfeit five times the sum. Thus careful has the legislator been to prevent this destructive vice.
And in order to prevent the dreadful consequences, such as Duelling and other outrages, on account of money won at play, the party who shall provoke to fight, or commit any assault, for the purpose of compelling the payment of any money so won, shall forfeit all his personal property to the king, and suffer two years imprisonment in the county goal where the offence was committed. A prosecution under this act is attended with little more difficulty than proving a common assault. Upon this statute Hill Darley, of Bond-street, was very lately convicted, and compromised the pecuniary part with the High Bailiff of Westminster for 1000l. and obtained a remission of some part of his imprisonment in Horsham gaol.
About 20 years ago the late James Armstrong, Sheriff’s officer, indicted two gentlemen upon this statute; one of whom was a clergyman, and who to avoid the consequences of their temerity retired to the continent, where they remained some years, and at length were reduced to the humiliating situation of soliciting the pardon of a fellow whose company they would have thought a disgrace upon any other occasion. Armstrong at length consented to drop the prosecution upon their giving one hundred pounds to the poor of the parish where the offence was committed. Such are the disgraceful, and I may say, ignominious terms upon which men indulge themselves in this favourite vice, a vice so fascinating, that if the pursuit of it was made felony, it might somewhat diminish it, but would never wholly subdue it; for when the human passions come in contact with human reason, the former will ever be the strongest.