Chapter — The Casuist
Case LXXXII: Invalidity of Ordination
Case.—A few years ago there circulated in the press the sensational report that a certain man in an Italian town had received Holy Orders and had then renounced the priesthood for the reason that he had been forced into it by his parents. In order to obtain a valid decision in the matter, he instituted a canonical suit at the Curia, which had finally been referred to the Holy Congregation of the Sacraments. This Congregation, under its presiding officer, Cardinal Ferrata, was said to have decided that the ordination in this case was invalid, and that this man was free from all obligations imposed by the priesthood. It was reported that the man had subsequently been admitted to the Sacrament of Matrimony.
Question.—What is to be thought of this story?
Solution.—This piece of news created so much discussion, that, in order to obtain an authentic statement of the facts, the editor of the Quartalschrift, of Linz, addressed himself to an authority in Rome and elicited the following information.
Like any other Sacrament the Sacrament of Holy Orders can be administered invalidly, and whenever this has been the case, and has been positively ascertained by the proper ecclesiastical authority, the one so ordained is not considered a priest. If the reason of invalidity of such an ordination is found in the lack of the necessary matter, or form, of the Sacrament, the invalidity can usually be clearly ascertained. In such a case the proper authority, after careful examination of the case, just as clearly pronounces the invalidity, if this is called for, and, whenever possible, the matter
” is then adjusted by a valid ordination. It is entirely different if an ordination is to be declared invalid on account of a lack of the necessary intention. It is a positive fact that intention is necessary to validly receive this Sacrament, and it is also a fact that one is not a priest, and has been ordained invalidly, who, in receiving Holy Orders, explicitly and positively did not will to become a priest.
Physical compulsion to receive Holy Orders is hardly possible, but unfortunately there are rare instances in which young men are, especially by their relations, morally forced to become priests. If then one so ordained appeals to the Holy Congregation of the Sacraments, to have his ordination declared invalid, this Congregation is obliged to carefully examine the facts, and this is done with great thoroughness and in plena Congregatione. After careful investigation and examination the Cardinals of the Congregation are in the first place requested to vote on the question: “Is the invalidity of the ordination established?” Is the invalidity of the ordination certain?
This question has in no such instance been answered in the affirmative, and in all such cases the answer has been either “negative” or “provisum in responsione ad secundum.” Thereupon the Congregation is required to vote on the second question: “Is the nullity of the obligations attached to the priesthood established,” or “or of those attached to ordination?” Is the invalidity or nullity of the obligations incurred in Holy Orders certain in this case?
It is easily possible that in discussing the first question the probability, though not certainty, of invalidity became apparent. Such would be the case if it was found that the one ordained was so much influenced and urged in receiving Holy Orders, that the freedom necessary for assuming the heavy obligations of Holy Orders was entirely absent. In such cases it would not always follow that the ordination itself was invalid, but it would follow that the one ordained had not assumed the onera ordinationis, the duties of the ordination. In such case the answer to the second question would be affirmative.
In the case referred to in the newspaper report the first question was answered with “no” and the second with “yes.” The report was, therefore, false in as far as the ordination had not been declared invalid. The proceeding in such cases is one that contributes to the honor of the Catholic Church, as it clearly demonstrates how careful the Church values and protects, on the one hand, the holiness of the Sacrament and of the priesthood, and, on the other hand, the freedom of the individual.