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edgment of natural equality, 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 πλεονξία; that is, a desire of more than their share.

Also if "a man be trusted to judge between man and man," it is a precept of the law of nature, "that he deal equally between them." For without that, the controversies of men cannot be determined but by war. He therefore that is partial in judgment, doth what in him lies, to deter men from the use of judges, and arbitrators; and consequently, against the fundamental law of nature, is the cause of war.

The observance of this law, from the equal distribution to each man, of that which in reason belongeth to him, is called "equity," and, as I have said before, distributive justice: the violation, "acception of persons," προσωποληψία.

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 unequal, and contrary to equity.

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 equal distribution, is of the law of nature, and other means of equal distribution cannot be imagined.

Of "lots" there be two sorts, "arbitrary," and "natural." Arbitrary, is that which is agreed on by the competitors: natural, is either "primogeniture," which the Greeks call κληρονομία, which signifies, "given by lot," or "first seizure."