conducts the regiment of health, is not Master of his wardrobe: and the
Epigram derided Herod the Empiric,
Clinicus Herodes trullam subduxerat aegro:
Deprensus dixit, Stulte, quid ergo bibis?
because when he came to take away his patients sicknesse, he took away his
plate. If the principal act be confirm'd by an accessory oath, though the
principal act prove null and invalid in law, yet the man is tied by the re∣maining
oath. A man cannot offer to God an indifferent action or thing.
And therefore he that promises to God to walk three turns every day, hath
done nothing; the act is null, and he is not obliged to pay that to God: but
if an oath did supervene, that must stand, though the principal of it self
be null; because every oath that can without sin be kept, must stand. The
alienation of a Minors lands is rescinded by law, yet the obligation and
caution of the Tutor for the accessory verification of the principal sale will
stand: because there is a reason that separates the accessory from the prin∣cipal,
and the law intending to rescind the translation of the Dominion, not
to rescind the contract, leaves the principal loose, and the accessory bound.
This is also thus in actions principal and accessory, which the law cals
per∣sonales
& hypothecarias. Maevius dies and divides his estate between
Lucius
and
Lucullus; but he was indebted 20 talents, and for caution had ingag'd
some jewels.
Lucius payes his five talents, and
Lucullus payes foure of the
other: the personal action of
Lucius is dissolv'd, but the accessory is not;
for till
Lucullus his personal or principal be taken off, the accessory and cau∣tionary
remaines upon them both: and this also hath a particular reason,
and so have all those cases in which this Rule failes.
From whence I inferre, that this thing is sometimes reasonable, and
sometimes unreasonable, but it is never necessary but in one case; and that
is when the accessory is necessary and inseparable, either by reason of a na∣tural
or positive conjunction. For some things are accessory by use and
customes, some by laws and commandements, some by the nature of the
thing. Now of the first two sorts the measures are contingent and altera∣ble:
the laws sometimes declare a thing to be accessory, and at other times
it is no so: and if by use or contract or custome a thing be accessory, it
ceases to be so if the accessory be particularly excepted. As if I buy a
house, it is by custome concluded that I intend the garden that is joyn'd to
it; and he that sels a horse, sels his bridle: but if the garden be reserv'd, &
the bridle be excepted, the rule is then of no use.
Now to apply this to the present inquiries. 1. Because the body is not
in the nature of the thing an inseparable, necessary accessory to the soul in
spiritual actions and ministeries, but the soul can pray alone, and be chari∣table
alone, and love God alone, and the body hath actions, and intentions,
and interests which mingle not with that which the spiritual rulers are to
govern; therefore it cannot be inferr'd that the body is subject in all things
to them who govern souls.
But 2. It does follow and may by force of this rule be inferr'd that
they who are to govern the religion and spiritual actions of the soul, can
also govern the actions of the body which minister immediately and necessa∣rily
to the necessary actions of the soul: & therefore because it is a duty that
we communicate in the Communion of Saints, when that duty is actually