Chapter VI. On the Acceptance of Law

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

I say, 1st. Of itself, a law, as regards its 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 thus the subversion of the whole social order would follow. This is also clear from proposition 28, condemned by Alexander VII, which stands thus: "The people do not sin, even if without any cause they do not receive a law promulgated by the Prince."

I say, 2nd. 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 privilege or tolerated custom. This is clear from practice in various cases and from the common consent of theologians. - Cf. St. Alphonsus, n. 138.

Question 1. Does a law oblige if the greater and sounder part of the people has not accepted it?

Response. If the greater and sounder part of the people, on account of a reasonable cause, does not accept a law for a time, with this end, that it may obtain from the Prince its dispensation or abrogation, then from a benign interpretation the obligation of the law can be held as suspended, until the matter is settled. If on the contrary the law is rejected absolutely and forever, without any recourse to the Prince, by the greater and sounder part of the people, those not accepting it sin, until the law has been abrogated by legitimate desuetude; for it does not depend on their will that the law oblige or not oblige, though excepting the case in which the law is not accepted because it suffers from some intrinsic defect. Meanwhile the lesser part, which is prepared to observe the law as soon as it will be accepted by the greater part, more probably does not sin, speaking of itself, while it omits its observance; because the Prince is not judged to wish that what has not been accepted by the greater number be observed by the fewer with their great inconvenience. Cf. St. Alphonsus, nn. 137 and 139. - Suarez, lib. 3, cap. 19, n. 13. - Salmant. cap. 1, n. 107.

Question 2. Does a law oblige in doubt whether it has been accepted?

Response. Affirmatively, because it ought to be presumed accepted, unless the contrary is clear. For a fact is presumed which by law was to be done, according to the rule of law related above, n. 66. - Cf. St. Alphonsus, n. 97.

Question 3. Can Bishops not admit pontifical laws?

Response. ... 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 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. Yet except if grave reasons stand in the way: for then Bishops not only can but ought to set forth these reasons to the Holy See, and then they will be bound to acquiesce in its definition. See Benedict XIV, de Synod. dioeces. lib. 9, c. 8.