As for Patriarch Filaret: he was deposed by the synod for schism…
…He still remains a validly ordained bishop
…Valid, but not licit. De facto, but not de jure.
Dear Aramis,
The small article below was written by a former Forum member and it used to be one of those Stickys at the top of the page
The Orthodox (Cyprianite) and Catholic (Augustinian) Theology
of Sacraments outside the Church
by Neil Foley, Catholic Melkite
I apologize if the following is rambling or seen as not completely relevant to the points being debated here, but I perceive the arguments as going in opposing circles and ignoring several basic considerations, on the part of both my Catholic and Orthodox brethren. The theological praxis of Catholics and Orthodox as to the validity of orders and the dependent issue of the validity of sacraments differs significantly. That is fact and we can discuss, debate, and disagree over whether the other’s stance is or is not
rational, but it won’t change the fact that it is what it is. The resolution of such will only occur, if it ever does and hopefully it ultimately will, in circles more august than this revered forum. This leads me to presumptuously suggest that it is time to move on to other things.
There are basically two theories of apostolic succession and, in most instances, the application of the theory held by a given Church effectively determines the validity accorded to claimed presbyteral and episcopal orders and, ipso facto, the validity of sacraments administered by those claiming to possess valid orders, whether presbyteral and/or episcopal (putting aside issues as to form and intent, since if there is no validity to the orders of the sacrament’s minister, other considerations are of no consequence to either Church).
If the orders claimed to be possessed are themselves invalid, the sacraments derived from him who claims to possess orders will, in turn, be invalid if the sacrament is one which requires administration by an ordained minister - essentially any except baptism in extremis in both the Catholic and Orthodox Churches and marriage in the Eastern Churches, Catholic and Orthodox.
The Augustinian theory… effectively holds that valid episcopal ordination confers an indelible character that is not affected by any schismatic or heretical act or excommunication taken in response thereto or for any other reason. Accordingly, a validly ordained priest once validly ordained to the episcopate retains his capacity to exercise that order, though he may have been deprived juridically of the office or jurisdiction by which he performed episcopal acts. The latter considerations affect only
the licitness of his acts.
The Cyprianic theory… effectively holds that a valid episcopal ordination is affected by schismatic or heretical acts and by excommunication taken in response thereto or for any other reason. Accordingly, a validly ordained priest once validly ordained to the episcopate retains his capacity to exercise that order only so long as he continues in communion with the jurisdiction under the authority of which he was ordained to the episcopate (or such other jurisdiction into which he may have subsequently been accepted) and is exercising the office or
jurisdiction by which he has the right to perform those acts. There is no distinction made as to licitness.
The Catholic Church adheres to the Augustinian theory; the Orthodox Churches to the Cyprianic theory,
(although they have exercised oekonomia in application of it to instances in which schismatic bodies have returned to communion).
Frankly, the Augustinian theory has been or certainly has become a thorn in the side of the Catholic Church. It effectively assures that all manner of independent hierarchs, both those who pursue their perceived vocation with spiritual and intellectual honesty and those who are episcopi vagante in the most perjorative connotation accorded to the phrase, can sleep at night with at least a modicum of assurance that they possess valid episcopal orders, unless form or intent are at issue. The time-honored practice in the so-called “independent” Catholic and Orthodox movements of garnering multiple episcopal consecrations or, subsequently, being re-consecrated sub conditione is effectively a means of leveraging the Augustinian theory.