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billcu1
Guest
Is it true that the only one of us in the church that is allowed to “rightly” break church law the Pope? And does he make the church law?
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NHInsider
Guest
Hmm. I heard this comment made about his washing the feet of women on Holy Thursday, which had been previously prohibited; the point was that a rubric imposed by one Pope could be changed by another. Not exactly the same thing as making Church Law.
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JerryZ
Guest
When you say “Church Law” we need to clarify what do we understand by that.
The Pope cannot break any of the commandments of Jesus AND God without commiting a mortal sin, that would also give great scandal.
It has happened in the past when we had less impeccable Popes.
The Canon Law are the rules that “govern” the daily interractions of the Bishops, the Priests, Deacon and Laity. They are not set in stone like the commandments or what we call faith and morals.
The Canon’s supreme judge is the Pope, he can change it and there is no authority above him except God.
So he cannot break the law because he is the law (Canon Law).
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thistle
Guest
Can you explain to us what you mean by Church law?
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billcu1
Guest
Canon law
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tdgesq
Guest
I don’t know of any rule that would allow the Pope to violate canon law with impunity. He could certainly change established canon law.
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DavidFilmer
Guest
The Pope is an (elected) absolute monarch, and is not subject to Canon Law in any way whatsoever:
The Pope does not need to change Canon Law to act contrary to it. He can do whatever he pleases - he is the Boss.
I should point out that Canon Law are the *rules *of the Church, not the *Doctrine *of the Church. Rules are of human origin, not Divine origin. No pope is governed by human rules, but no Pope may violate Doctrine.
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The Pope does not need to change Canon Law to act contrary to it. He can do whatever he pleases - he is the Boss.
I should point out that Canon Law are the *rules *of the Church, not the *Doctrine *of the Church. Rules are of human origin, not Divine origin. No pope is governed by human rules, but no Pope may violate Doctrine.
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fhansen
Guest
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Christy_Beth
Guest
I don’t see that as entirely correct. Any pope in his right mind would have the mindset that he can act however he wishes simply because he is the pope. Yes, he answers to God. And he would doubly answer if he were to cause scandal and lead the church astray or otherwise do harm to it.
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tdgesq
Guest
Hi David,
I don’t think that is what sections 331 & 333 are stating. I agree that the Pope possesses supreme, full, immediate, and universal ordinary power in the Church and that there is no appeal from his sentence or decree. Even if the Pope were to violate a divine law, there is no person or body of the Church that could pass judgment against him, much less for a violation of canon law.
I take it then that the OP is asking whether the Pope is morally culpable for a violation of canon law. Since those laws are promulgated for the good order of the Church, it seems that a violation of those laws is a sin against the Church, whether it is by a lay person or by the Pope. I also think that the Pope would be subject to the penalties associated with a violation of canon law, although ultimately no one but the Pope may be able to apply and enforce the penalty.
Latae sententiae penalties (at least some of them) also appear to apply to the Pope. Take Canon 1398: “A person who procures a completed abortion incurs a latae sententiae excommunication.”
I don’t think anyone seriously believes that a Pope would engage in any such thing, but can we really say it applies to everybody except the Pope?
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DavidFilmer
Guest
You make a good point. But assisting in an abortion (and such) is also a violation of divine law. I believe that the excommunication is reserved to the local Ordinary, but what happens if the sinner IS the local Ordinary (as the Pope is Bishop of Rome)?
An excommunication is a legal instrument exercised by the Church, not a doctrinal instrument. Perhaps it does not apply in some cases.
Canon Law (as we know it) is brand new, and I don’t think a lot of these questions have been answered. Obviously, a mortal sin must be Confessed, whether by Pope or pauper. But I don’t think the Church has the authority to excommunicate the Pope. A latae sententiae is still an exercise of Church authority, not divine authority, and I don’t think Her authority extends that far.
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billcu1
Guest
What if the Pope sinned? Who would he go to for absolution? Himself? I can think of some questionable popes like Innocent viii and alexander vi.
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tdgesq
Guest
No, he goes to a priest. Many Popes have had their own personal confessor. Any Catholic priest or bishop can hear a confession and give absolution, including to the Pope.
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DavidFilmer
Guest
The Pope has a personal confessor who, by tradition, is a Dominican priest (or so I was told by a Dominican priest).
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Christy_Beth
Guest
I once read that it was a Jesuit priest who was the pope’s confessor. 
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TheDoctor
Guest
If “church law = canon law” the answer is “yes”.
As has been stated above, the Pope cannot break divine but he can choose not to follow *ecclesiastical laws *(man-made ones). One of the ways to wrap your head around this may be to remember that the Pope is an elected monarch - an absolute ruler. Think of an English king before parliament - could the King break any law he wanted? Yes, because he was the King (it is good to be King).
Here is a very good article that will help to explain what I cannot:
canonlawmadeeasy.com/2008/02/08/are-there-any-limitations-on-the-power-of-the-pope/
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