But of all the questions of this kind, the most curious is that which for so many ages divided the disciples of _Proculus_ and _Sabinus_. Suppose a person should make a cup from the metal of another, or a ship from his wood, and suppose the proprietor of the metal or wood should demand his goods, the question is, whether he acquires a title to the cup or ship. _Sabinus_ maintained the affirmative, and asserted, that the substance or matter is the foundation of all the qualities; that it is incorruptible and immortal, and therefore superior to the form, which is casual and dependent. On the other hand, _Proculus_ observed, that the form is the most obvious and remarkable part, and that from it bodies are denominated of this or that particular species. To which he might have added, that the matter or substance is in most bodies so fluctuating and uncertain, that 'tis utterly impossible to trace it in all its changes. For my part, I know not from what principles such a controversy can be certainly determined. I shall therefore content myself with observing, that the decision of _Trebonian_ seems to me pretty ingenious; that the cup belongs to the proprietor of the metal, because it can be brought back to its first form: but that the ship belongs to the author of its form, for a contrary reason. But, however ingenious this reason may seem, it plainly depends upon the fancy, which, by the possibility of such a reduction, finds a closer connexion and relation betwixt a cup and the proprietor of its metal, than betwixt a ship and the proprietor of its wood, where the substance is more fixed and unalterable. [6] In examining the different titles to authority in government, we shall meet with many reasons to convince us that the right of succession depends, in a great measure, on the imagination. Meanwhile I shall rest contented with observing one example, which belongs to the present subject. Suppose that a person die without children, and that a dispute arises among his relations concerning his inheritance; 'tis evident, that if his riches be derived partly from his father, partly from his mother, the most natural way of determining such a dispute is, to divide his possessions, and assign each part to the family from whence it is derived. Now, as the person is supposed to have been once the full and entire proprietor of those goods, I ask, what is it makes us find a certain equity and natural reason in this partition, except it be the imagination? His affection to these families does not depend upon his possessions; for which reason his consent can never be presumed precisely for such a partition. And as to the public interest, it seems not to be in the least concerned on the one side or the other. SECTION IV. OF THE TRANSFERENCE OF PROPERTY BY CONSENT.