Dear Angelus,
After reading Pohle-Preuss " Manual of Dogmatic Theology on Sacraments", I have learned that essentially there are two principles concerning the intention of a minister of a sacrament. 1. De internis Ecclesia non iudicat and 2. The minimum required of the minister is to do what the Church does. When a bishop picks up the Pontifical created by an anathematized pope, the book itself being illegitimate (as you mentioned), he manifests his intention. It does not matter what he thinks, knows, or internally intends, as far as the Church's judgement is concerned.
The Church never used illegitimate books from an anathematized author to convey Her Sacraments; therefore, the bishop is not doing what the Church does. For those two reasons, the intention of that bishop is objectively invalid.
This exactly describes our crisis.
As far as pronouncing a judgement on the soul of Pope Paul VI, it is up to God. Objectively, he never cancelled the novus ordo Sacraments which would be an indication of his repentance; and neither did any of his successors. Do they incur an anathema for holding in disdain the rites of Sacraments codified by Trent?
(Special thanks to my fellow churchmouse for his collaboration)
Texana,
Of course, you are free to believe anything you want. But please consider the following:
1. You referred to "the Pontifical created by
an anathematized Pope." Paul VI was not formally "anathematized" by a competent authority. The quote from Trent theoretically could be used as the legal grounds for an official judgment by a competent Church authority, but that was never done. A formal "anathema" is equivalent to a Major Excommunication (condemned/banned/level 3 excommunication), as you can read
here. So, the bishop is using a Pontifical authorized by a person that he thinks is
a legitimate Pope, not an officially-condemned excommunicate. So I don't think that is a good argument.
2. You then jump from "illegitimate" books to the claim that such illegitimacy, in and of itself, would "invalidate" the Sacraments. But this is not correct. In the new Rite of Baptism, for example, there is a change in the Rite (let's call it "illegitimate"), but no one that I know of claims that the core of the Sacrament (the setting of the permanent baptismal character) is not effected in the new Rite. So, the new Rite of Baptism is "valid" in the strict sense. However, I would say it is "defective" because it fails to remove the obstacles to full baptismal grace since the traditional exorcisms are not done.
3. We know, objectively, that Paul VI (and those papal claimants who followed him) did not incur "anathema" because, as Canon 2314 explains, that level of excommunication (the final stage, level 3) never occurred. At most, Paul VI (and those that followed him) would have been an
ipso facto excommunicate. The different levels of excommunication have different penal implications, as I have described in another recent thread.
To summarize Canon 2314, there are 3 levels of excommunication:
1. an
ipso facto, automatic, excommunicate. No declaration by an authority required
2. a "declared" excommunicate. Declared by a competent authority after a warning.
3. a "banned," anathematized excommunicate. Declared by a competent authority after two warnings.