ARTICLE II: ON ACCEPTANCE OF LAW

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

Principles. - I. Of itself, law as to the force of obliging in no way depends upon the acceptance of the people; for otherwise, together with the power of the Superior, all the authority of laws would collapse, and therefore the subversion of the whole social order would follow. It is established also from proposition 28 condemned by Alexander VII (see p. xiv).

II. Accidentally, sometimes a law not accepted does not oblige, by reason of the tacit or express consent of the Superior, or by reason of a tolerated privilege or custom. It is established from practice in various cases, and from the common consent of theologians.¹

123. Questions. - Quaer. 1° In what cases does a law not accepted accidentally not oblige?

Resp. 1° If the time which has elapsed from the non-acceptance is sufficient to induce a legitimate contrary custom.

2° If the sounder and greater part does not observe the law, and from the circumstances it is presumed that the prince, since he does not insist on observance nor punish transgressors, does not will to oblige anyone.

3° If the law is contrary to a flourishing custom, very difficult, and moreover the circumstances are of such a kind that, if they had been foreknown by the legislator, he certainly would not have made the law.²

The reason is that in all these cases the consent of the legislator is present, at least tacit consent.

124. • Quaer. 2° Does a law oblige in doubt whether it has been accepted?

Resp. Affirmatively, because, unless the contrary is established, the fact is presumed which had to be done by law (n. 67, 2°). Except if there is present solitary probability that the law has been abolished or never began.³

Quaer. 3° Does a law of the Church which has not been accepted because some civil government prohibits it oblige?

Resp. Affirmatively of itself, because the Church received its power from Christ, not from civil power; and therefore it is altogether independent of it. For to the Church, not to civil power, was it said by Christ: Whatever you shall bind . . . shall be bound, etc.⁴

Quaer. 4° Can Bishops not admit Pontifical laws?

Resp. Negatively. For Bishops, although they are Princes in their own Churches, nevertheless are subject to the Roman Pontiff, the immediate Vicar of Christ on earth, and head and governor of the whole Church. Therefore they must obey him, and thus furnish 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 must expose these reasons to the Holy See, and afterwards they will be bound to acquiesce in its definition. - See Benedict XIV.¹