The Tenth Against Arrogance On this law, dependeth another, “That at the entrance into conditions of Peace, no man require to reserve to himselfe any Right, which he is not content should be reserved to every one of the rest.”  As it is necessary for all men that seek peace, to lay down certaine Rights of Nature; that is to say, not to have libertie to do all they list:  so is it necessarie for mans life, to retaine some; as right to governe their owne bodies; enjoy aire, water, motion, waies to go from place 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.