This is a gray area for the Roman Catholic Church. Unlike the Old Catholic Churches of the Utrech Union (the Old Catholic Church of the Netherlands), the Eastern Orthodox and non-Chalcedonian Churches (the Copts, et. al.,) and since the 1920 Lambeth Conference, the Churches of the Anglican Communion, which, following the Donatist-influenced Cyprian criteria for the validity of ordinations, consider the Orders and Sacraments of schizmatics (and heretics) to be absolutely invalid, the Roman Catholic Church follows the more mechanistic Augustinian criteria laid out in St. Augustine’s works, “On Baptism, Against the Donatists” and “On The Correction of the Donatists,” in which an ordination is technically valid if certain criteria of form, matter, and intent and was performed by a bishop (or bishops for the ordination of a bishop in a lineage of the historical apostolic succession,) will stop short of declaring the ordination by a bishop / bishops who hold lineages ruled to be technically valid by various Popes to be technically invalid. Instead, they will say that a given Churches ordinations are “illicit but valid” or, at best, “irregular but valid.”
One Anglican author made an interesting point. ( Badertscher, The Measure of a Bishop
anglicanhistory.org/essays/badertscher/chapter5.pdf ) He contrasts “formal validity” with “material validity.” “Material validity,” deals with the actual, technical validity per se, while “formal validity” is in his words, “political and jurisdictional,” and pertains to the right to exercise the priestly / sacerdotal functions of the order into which a man is ordained. So in this case, the orders and sacraments of someone who is ordained properly, in form and intent, as a priest / bishop, may be in technically valid orders but not have the jurisdictional right to exercise them. That strikes me as something like a man having a valid M.D, degree, and is licensed as a physician and surgeon in, say the State of New York, moving to California and opening a medical practice there without a California medical license. A validly, properly trained physician? Yep. Able to practice in some jurisdiction, yep, but not
legally able to practice in a State without an agreement of reciprocity with the State in which he is licensed. But in an extreme legitimate emergency, if he used his skills as a physician in a State other than the one in which he was licensed, and saved someone’s life, there would, in that instance, be no problem.
It does seem to me, from my perspective at least, that this issue might under reconsideration/re-evaluation in at least some sectors of the Catholic Church, (trying to work out some accommodation with the Greeks and Russians may play into this, who knows?). There does seem to be at least some in the Catholic Church, especially among the more conservative elements, which seem to be wanting to move away from the historic Catholic (strict Augustinian) position to one that is for all intents and purposes the same as that of the Eastern Orthodox (I know some Catholic clerics who personally seem agree with the Eastern Orthodox position) but at this point, that is their own opinions, not
officially those of the Catholic Church at least right now, which still stops just short of a blanket denial of the technical, “material validity” of Independent/Old Catholic orders while denying their “functional validity,” their ability to function in their order without at least conditional re-ordination after a formal opinion of the technical validity of their individual lineages by the Vatican to verify that they have technically valid Old Catholic lineage(s).
Also it seems that in recent years, some Catholic theologians / ecclesiologists seem to think that the Augustianian criteria if applied strictly, may be mechanical and simplistic and need to be modified somewhat, perhaps reflecting concerns over the proliferation of Independent Cathollic Churches which, individually, may be quite small, but collectively are beginning to have a significant number of members.
If I am “off-base” here, please comment.
Blessings,
Irl