from the metal of another, or a ship from his wood, and
suppose the proprietor of the metal or wood shoued 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 it is 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 my self 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.]
The right of succession is a very natural one, from the presumed
consent of the parent or near relation, and from the general interest
of mankind, which requires, that men's possessions should pass to those,
who are dearest to them, in order to render them more industrious and
frugal. Perhaps these causes are seconded by the influence of relation,
or the association of ideas, by which we are naturally directed to
consider the son after the parent's decease, and ascribe to him a title
to his father's possessions. Those goods must become the property of
some body: But of whom is the question. Here it is evident the persons
children naturally present themselves to the mind; and being already.
connected to those possessions by means of their deceased parent, we are
apt to connect them still farther by the relation of property. Of this
there are many parallel instances.
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