Article II. On the Acceptance of Law

98. • Acceptance of law is the submission by which subjects, at least as to the greater and sounder part, formally or virtually accept a law.

Principles. - I. Per se, law as to force of obliging in no way depends on the acceptance of the people; otherwise, together with the power of the Superior, all authority of laws would collapse, and therefore the subversion of the whole social order would follow. It is also clear from proposition 28 condemned by Alexander VII, which lies thus: The people do not sin, even if without any cause they do not receive a law promulgated by the Prince ¹. - Thus all.

¹ Yet the condemnation in reality strikes only those who say that there is no sin even when without any cause the law is not received.

And indeed the Salmanticenses (On Law, ch. 1, nos. 98 and 101) less considerately accuse very many theologians and canonists, as though they had taught that laws, not only civil but also ecclesiastical and indeed even Pontifical, borrow force of obliging from the acceptance of the people. But now the Doctors alleged there in reality intend hardly anything other than what the Author proposes here in the second principle.

II. Per accidens, sometimes a law not accepted does not oblige, by reason of the tacit or express consent of the Superior, or by reason of a privilege or tolerated custom. It is clear from practice in various cases, and from the common consent of theologians. - St. Lig., no. 138.

99. Questions. - QUESTION 1. Whether a law obliges if the greater and sounder part of the people has not accepted it?

I answer. No, if the Prince does not urge it; for although the first ones not accepting the law sinned ², nevertheless the others are free from fault on account of the presumed consent of the Superior. - St. Lig., nos. 137-139.

² Since the Doctors unanimously agree, generally speaking, that those sin who are the first not to receive a law promulgated by the Prince, yet they establish otherwise when the greater and sounder part of the people, which is the Author's hypothesis, has not accepted the law. But the reason is clear, because the sounder part of the people consists of learned, upright, and prudent men. Moreover these, and very many almost all who adhere to these, would not resist a law unless some grave inconvenience, or scandal, or disturbance were rightly feared from it: which certainly effect that by the help of epikeia the will of the Prince can be benignly conjectured, and therefore the obligation of the law can be considered suspended until, either through appeal, if the law came from an inferior magistrate, or through a supplication offered to the Prince, matters may be fittingly arranged. And thus indeed the Doctors commonly. Therefore the Salmanticenses (On Law, ch. 1, no. 107), from whom St. Alphonsus (book 1, no. 139), and from St. Alphonsus the Author borrowed these things, did not well join to the present hypothesis a response which agrees with a very different hypothesis.

QUESTION 2. Whether a law obliges in doubt whether it has been accepted?

I answer affirmatively, because it must be presumed accepted, unless the contrary is clear: for the fact is presumed which by law had to be done, according to the rule reported above, no. 76. - St. Lig., no. 97.

QUESTION 3. Whether a law of the Church obliges which, some civil government prohibiting it, was not accepted?

I answer affirmatively per se, because the Church received her power from Christ, not however from the civil power; and therefore she is altogether independent of it. For to her it was said by Christ: Whatever thou shalt bind..., shall be bound, etc. Matt. 16. 19. - St. Lig., no. 137.

QUESTION 4. Whether Bishops can refuse to admit pontifical laws?

It must be denied. For Bishops, although they are Princes in their own Churches, are nevertheless subject to the Roman Pontiff, the immediate Vicar of Christ on earth, and the head and governor of the whole Church. Therefore they must obey him, and thus provide an example of obedience to their own subjects, by promulgating the pontifical law and procuring its observance in their diocese. Except, however, if grave reasons stand in the way; for then Bishops not only can, but ought to explain these reasons to the Holy See, but afterward they will be held to acquiesce in its definition. - See Benedict XIV, On the Synod, book 9, ch. 8.