e to place; and all
things else without which a man cannot live, or not live well. If in
this case, at the making of Peace, men require for themselves, that
which they would not have to be granted to others, they do contrary
to the precedent law, that commandeth the acknowledgement of naturall
equalitie, and therefore also against the law of Nature. The observers
of this law, are those we call Modest, and the breakers Arrogant Men.
The Greeks call the violation of this law pleonexia; that is, a desire
of more than their share.

The Eleventh Equity

Also "If a man be trusted to judge between man and man," it is a precept
of the Law of Nature, "that he deale Equally between them." For without
that, the Controversies of men cannot be determined but by Warre.
He therefore that is partiall in judgment, doth what in him lies, to
deterre men from the use of Judges, and Arbitrators; and consequently,
(against the fundamentall Lawe of Nature) is the cause of Warre.

The observance of this law, from the equall distribution to each man, of
that which in reason belongeth to him, is called EQUITY, and (as I have
sayd before) distributive justice: the violation, Acception Of Persons,
Prosopolepsia.

The Twelfth, Equall Use Of Things Common

And from this followeth another law, "That such things as cannot be
divided, be enjoyed in Common, if it can be; and if the quantity of the
thing permit, without Stint; otherwise Proportionably to the number of
them that have Right." For otherwise the distribution is Unequall, and
contrary to Equitie.

The Thirteenth, Of Lot

But some things there be, that can neither be divided, nor enjoyed in
common. Then, The Law of Nature, which prescribeth Equity, requireth,
"That the Entire Right; or else, (making the use alternate,) the First
Possession, be determined by Lot." For equall distribution, is of
the Law of Nature; and other means of equall distribution cannot be
imagined.

The Fourteenth, Of Primogeniture, And First Seising

Of Lots there be two sorts, Arbitrary, and Naturall. Arbitrary, is
that which is agreed on by the Competitors; Naturall, is either
Primogeniture, (which the Greek calls Kleronomia, which signifies, Given
by Lot;) or First Seisure.

And therefore those things which cannot be enjoyed in common, nor
divided, ought to be adjudged to the First Possessor; and is some cases
to the First-Borne, as acquired by Lot.

The Fifteenth, Of Media