When a person incurs excommunication it is because they have objectively committed a sin deserving of such a penalty. Excommunication is a penalty for a grave sin.
When the Holy Father said that Msgr Lefebvre (RIP) committed a schismatic act, such an act is objectively a sinful act.
No one with authority has said that the German bishops have commited an act that constitutes grave sin. There is the difference.
We do have to be careful here too. Objectively something is a sin, but subjectively the person may not be culpable. In the end, we are judged by our subjective culpability.
To be subjectively culpable, one has to meet three criteria.
- The action must be grave.
- The person must have full knowledge of the gravity.
- The person must give full consent.
Full knowledge is not just having the information. The person must truly believe that the act is gravely sinful. It is not enough that someone else tells you so. If a peson firmly believes or has full knowledge as Ligouri says, then the person then faced with the third choice, to act or not. But if the person is not totally convinced or is unsure or even has reasons to believe that the action is not grave sin, and the person acts with an honest conscience, even if he is wrong, the culpability may be mitigated or there may be no culpability at all. Only God knows these tiny details about the individual conscience.
We can only judge actions, not souls. We judge actions according to law and the guidance of the Church.
Also, you ask the question about why I can’t impugn the German bishops. They are in full communion with the Church, until the Church says otherwise. It may be a sad thing to say, but there is the key difference between their status and that of Msgr. Lefebvre. Once a bishop is excommunicated, he has no authority and rule of obedience and fidelity does not apply to him. It is only binding when the bishop in question has a canonical status.
In order to subordinate ourselves to Msgr Lefebvre, we would have to ignore **St. Francis who commands obedience to his rule under pain of mortal sin, as is in his testament. ** He demands that we obey the bishops and the pope. But in other places he also remind us that the only legitimate authorities in the Church are those that are canonically established. This was done because there were many excommunicatd authorities in his time.
I hope this helps clarify what I mean.
Fraternally,
Br. JR, OSF