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. [Sidenote: The twelfth, equal 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 unequal, and contrary to equity. [Sidenote: 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 equal distribution, is of the law of nature; and other means of equal distribution cannot be imagined. [Sidenote: The fourteenth, of primogeniture, and first seizing.] 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 Greek calls κληρονομία, which signifies, _given by lot_; or _first seizure_. And therefore those things which cannot be enjoyed in common, nor divided, ought to be adjudged to the first possessor; and in some cases to the first born, as acquired by lot. [Sidenote: The fifteenth, of mediators.] It is also a law of nature, _that all men that mediate peace, be allowed safe conduct_. For the law that commandeth peace, as the _end_, commandeth intercession, as the _means_; and to intercession the means is safe conduct. [Illustration: The sixteenth, of submission to arbitrement.] And because, though men be never so willing to observe these laws, there may nevertheless arise questions concerning a man’s action; first, whether it were done, or not done; secondly, if done, whether against the law, or not against the law; the former whereof, is called a question _of fact_; the latter a question _of right_, therefore unless the parties to the question, covenant mutually to stand to the sentence of another, they are as far from peace as ever. This other to whose sentence they submit is called an ARBITRATOR. And therefore it is of the law of nature, _that they that are at controversy, submit their right to the judgment of an arbitrator_. [Sidenote: The seventeenth, no man is his own judge.] And seeing every man is presumed to do all things in order to his own benefit, no man is a fit arbitrator in his own cause; and if he were never so fit; yet equity allowing to each party equal benefit, if one be admitted to be judge, the other is to be admitted also; and so the controversy, that is, the cause of war, remains, against the law of nature. [Sidenote: The eighteenth, no man to be judge, that has in him a natural cause of partiality.]