ARTICLE I: ON PROMULGATION OF LAW

Promulgation is the publication of a law, made by legitimate authority, for inducing obligation in subjects.

118. Principles. - I. The public promulgation of a law is necessary that it may oblige. It follows from the definition (n. 97), and the Angelic Doctor¹ proves it from this: that law, as a rule and measure, can be applied to subjects to be ruled by it through promulgation alone (n. 100, 6°). Wherefore, although someone knew that a law had already been established and was soon to be promulgated, nevertheless he would not be held to fulfill it before it had been promulgated; for "laws are instituted when they are promulgated."²

II. Promulgation suffices, nor is either the dissemination of the law or knowledge of it required for the value of the law; for if it were otherwise, scarcely any human law endowed with the force of obliging would be had, since there are almost always some to whom knowledge by no means comes, except after a very long time from its promulgation. Wherefore those who invincibly do not know the promulgation of the law are excused from fault by defect of the voluntary (n. 11), but not from defect of the law, which, as promulgated, possesses the force of obliging. But in the external forum the knowledge of a law duly promulgated is generally presumed, both as to the penalties established for its violators and as to the validity or nullity of contracts.

III. From the nature of the thing it suffices that the law be promulgated in some principal city, or in such a place from which it can come to the knowledge of the community, and it obliges immediately once it has been promulgated.

I said: from the nature of the thing; for it is free to the legislator to determine special things both as to the place or places in which it must be promulgated so that it oblige, and as to the time which must elapse after promulgation before it obliges. Hence:

119. • Quaer. 1° Does it suffice that episcopal laws be promulgated in the episcopal city? - And papal laws at Rome?

Resp. Affirmatively, unless either the Pontiff or the Bishop signifies otherwise, or it is a question of those Pontifical laws which invalidate a contract which by its own nature, that is, unless it were invalidated by legitimate power, would be valid, or which take away jurisdiction, for example, by reservation of cases. The reason is that this suffices so that they can become known to the Christian people. Besides, the mode of promulgation is in the power of the legislator. - Moreover, in practice Bishops will to oblige through promulgation made in the episcopal city, or, if it is a question of laws which regard the clergy alone, in the synod itself;¹ and Pontiffs through that promulgation which is made at Rome. For otherwise the Supreme Pontiffs would in vain place in their Constitutions the clause by which they declare that they intend them, "thus published, to be held by all whom they concern just as if they had been personally made known or exhibited to each one of them."² Consonant is the declaration of the Sacred Penitentiary given on Nov. 8, 1821, to the Archbishop of Naples concerning the Bull Ecclesiam of Pius VII against clandestine societies, which sounds thus: "To II. Through the promulgation of the Constitution, which happened at Rome on the Ides of September, it obtained the dignity of law and the force of obliging."

I said: or it is a question of those, etc.; and this on account of inconveniences otherwise going to follow, which the Pontiff must not be presumed to have willed.

120. • Quaer. 2° Do Pontifical laws oblige as soon as they have been promulgated?

Resp. Unless the Pontiff has determined otherwise, only so much space of time is required as suffices that knowledge of the law morally come to all, that is, two months. Thus St. Alphonsus⁴ against others.

121. • Quaer. 3° When do our civil laws begin to oblige?

Resp. Kent:⁵ "A statute is to operate from the very day it passes, if the law itself does not establish the time."