[Leviathan by Thomas Hobbes]@TWC D-Link book
Leviathan

CHAPTER XV
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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 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.
The Sixteenth, Of Submission To Arbitrement And because, though men be never so willing to observe these Lawes, there may neverthelesse arise questions concerning a mans 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 later a question Of Right; therefore unlesse the parties to the question, Covenant mutually to stand to the sentence of another, they are as farre 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 controversie, submit their Right to the judgement of an Arbitrator." 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 equall benefit, if one be admitted to be Judge, the other is to be admitted also; & so the controversie, that is, the cause of War, remains, against the Law of Nature.
The Eighteenth, No Man To Be Judge, That Has In Him Cause Of Partiality For the same reason no man in any Cause ought to be received for Arbitrator, to whom greater profit, or honour, or pleasure apparently ariseth out of the victory of one party, than of the other: for he hath taken (though an unavoydable bribe, yet) a bribe; and no man can be obliged to trust him.

And thus also the controversie, and the condition of War remaineth, contrary to the Law of Nature.
The Nineteenth, Of Witnesse And in a controversie of Fact, the Judge being to give no more credit to one, than to the other, (if there be no other Arguments) must give credit to a third; or to a third and fourth; or more: For else the question is undecided, and left to force, contrary to the Law of Nature.
These are the Lawes of Nature, dictating Peace, for a means of the conservation of men in multitudes; and which onely concern the doctrine of Civill Society.


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