Ah. . . then, under the Augustinian criteria that would be defects of both form and intent, based on the form - the text - of the ordination service, and on the intent of the ordaining Church, its official doctrine of the nature of the priesthood, and of the nature of the Eucharist based on his profession of faith (if without qualification) to the 39 Articles of Religion, which are quite Calvinistic. So in that case, the ordinations would be
“de novo”. Some Catholic canon lawyers will dispute that point - there is no consensus as to the lingering effects of an OC secondary lineage where matters of form and intent are involved. But personally, were I the ordaining bishop, I would also ordain them *“de novo” * to be on the safe side. For this reason, Lutheran clergy who have the Swedish apostolic lineage and continuing Anglicans whose Church will not claim any orders other than the English succession (there are a few of those out there) are re-ordained by the Anglo-Lutheran Catholic Church
“de novo.”
Blessings,
P.S. The ALCC clergy and I, incidentally have no problem whatsoever going through
“do novo” ordinations if that is what Holy Mother Church, in its wisdom wants to do with us.
The judgment in
Apostolciae Curae was based (as it says) on intertwined issues of form and intent. And they have to be seen together, for reasons as follows.
The form for the ordering of priests and bishops, in the Edwardine Ordinal, was judged to be defective, in that it did not reflect the sacrificial office of the priest, in offering the Eucharist. But this alleged defect of form had to be coupled with an assumption of defect of intention. Other, pre-existing Rites, that the RCC holds do transmit orders validly, also lack mention of the sacrifice. The difference here was held to be that the Edwardine Ordinal was specifically constructed, at that specific point in history, by the specific persons who wrote it, for a specific purpose . But the defective intent, as judged under
Apostolicae Curae, has to be that of the persons who used the Ordinal.
Sacramental intent inheres in the sacramental minister, not in a Church, or in a document (Clark’s ANGLICAN ORDERS AND DEFECT OF INTENTION has a good chapter on this). So while the form itself was not exceptional, the circumstances under which it was written were. And hence, the sacramental intent of those who used the form (usually taken to be at the consecration of ++Parker in 1559; Parker is a bottleneck in the Anglican episcopacy) was judged to have been invalid, invalidating the sacramental act of consecration (when coupled with the defective form).
As *Apostolicae Curae * says, sacramental intent is an interior state and not one that can be easily determined. Hence, if a priest uses the accustomed form, matter, subject, etc, the intent also would normally be judged valid, that is, to be
facere quod facit ecclesia. Unless there is something in the sacramental act that allow a
determinatia ex adiunctis. This is taken, in
Apostolicae Curae to be the use of that particular defective form, as it was constructed.
Clark’s book is the best exposition on this that I know and the best rejoinder is Fr. Hughes’ STEWARDS OF THE LORD.
GKC