Thanks…and I would like your thoughts on this…since you are more well versed and well read, than anybody here I know, on this issue:
As you said, the AC states the orders and null and void based on form and intent. On the intent…isn’t it that the 39 articles go directly to the intent?
No. The intent relative to a valid sacrament is the sacramental intent, in the sacramental action. The required intent, in the action, is to do what the Church does (
facere quod facit eccelsia), in that action.
The intent pertinent to the logic in
Apostolicae Curae is not easy to determine, from the document itself. Clark, in ANGLICAN ORDERS AND DEFECT OF INTENTION (a very good book to understand the RC position), considers 7 possible meanings of “intent” in the letter, settling on the intent of the consecrators of Archbishop Parker, in 1559, as the only relevant one.
The Articles have nothing to do with the sacramental action, in the sense that
Apostolicae Curae was using, any more than the writing of a (supposedly) invalid form, in the Edwardine ordinal did; writing a liturgical rite is not itself a sacramental action. This is why I always refer to the intertwined issues of form and intent. Intent is, as
AC points out, is an interior state, not directly observable. That is why if all other sacramental factors are valid and unexceptional, the intent is normally assumed to be valid also.
But if there is some other sacramental factor in the action which would permit or suggest the intent was not to do what the Church does, it can be used to permit a
determinatio ex adiunctis, to allow a conclusion of an invalid sacramental intent. This was considered to be shown by the use of the Edwardine ordinal, with its supposedly invalid form. The invalidity of the form is determined not so much from its actual form, but from the circumstances in which it was constructed and used. But since that construction was not in itself a sacramental action, its use in the consecration of ++Parker was what was considered to reveal an invalid sacramental intent, by the use of a form in itself not truly exceptional (other forms having the same defect are considered by the RCC as capable of conveying valid orders). Hence they are intertwined.
Tricky.
GKC