Conceivably Aesop, but anyhow I have it from a poem by Boileau translated

by Pope as:

Verbatim from Boileau

(Un jour, dit un auteur, etc.)

"Once," says an author, where, I need not say,
"Two travellers found an oyster in their way;
Both fierce, both hungry; the dispte grew strong,
While scale in hand dame Justice pass'd along.
Before her each with clamour pleads the laws,
Explain'd the matter, and would win the cause.
Dame Justice, weighing long the doubtful right,
Takes, opens, swallows it before their sight.
The cause of strife removed so rarely well,
'There, take,' says Justice, 'take ye each a shell.
We thrive at Westminster on fools like you:
'Twas a fat oyster--live in peace--adieu'"

(Vol. 1, p. 397 of my grandfather's 1854 edition of The Complete Poetical
Works of Alexander Pope", which also includes the original French, and
points out that in lines 5, 6, 7, 9 and 12 Pope is inferior to the original.)

I have no idea where Boileau got the story.