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.