Section — McHugh–Callan, Moral Theology

The Minister

2695.

The Minister of Confirmation

The Minister of Confirmation.—(a) Qualifications.—The ordinary minister of this Sacrament is only the bishop; but a priest may act as extraordinary minister, either from the common law (viz., Cardinals, Abbots, etc.), or from special indult (Canon 782). The bishop may confirm outsiders in his own diocese, unless their own Ordinary forbids, and with permission he may confirm outside his diocese (Canon 783). Since January 1, 1947, by force of the decree of the Congregation of the Discipline of the Sacraments (Spiritus Sanctus) the following were established as extraordinary ministers within the limits of their territories and for subjects in danger of death.

  1. “pastors having their own territories, therefore excluding personal and family pastors, unless they have also their own territory.” Under this heading are included secular and religious pastors. It is to be noted that, since national parishes in the United States are assigned a definite territory, pastors of such parishes enjoy the privilege of this decree. Pastors of Negro and Indian parishes, even if they are considered to be personal pastors, may be included, for the jurisdiction is both personal and territorial. Military chaplains can not confirm in virtue of this decree.

  2. “the vicars spoken of in Canon 471, and also parochial administrators (vicarii oeconomi).” The first group are canonically innominate and authors adopt various titles for the personages involved. However, the reference is always to the priests placed in actual charge of cura animarum in parishes which have been fully incorporated. The second group mentioned are the vicarii oeconomi, priests appointed canonically as administrators of vacant parishes (see Canons 472, n.1; 473,1). All other vicars lack the power, namely, the Diocesan Administrator (vicarius capitularis), Vicar General, Vicarius Substitutus (priest who takes place of absent pastor), Vicarius Adjutor (assists a disabled pastor), Vicarius Cooperator (curate), those who according to Canon 472, n.2, take temporary charge of a vacant parish prior to appointment of a true administrator, chaplains of schools, hospitals, and other charitable institutions (by rescript of Nov. 18, 1948, the faculty was extended also to chaplains of maternity hospitals and foundling homes in the United States, and this faculty is renewable), the seminary rector, religious superiors even in exempt communities.

  3. “priests to whom is entrusted exclusively and permanently within a definite territory, and with a definite church, the complete care of souls together with the rights and duties of pastors.” Such territorial arrangements are not common in the United States. The reference may be to priests established as quasi-pastors in Canon 216, Sec.3 (hence pastors in missionary territory and prefectures), episcopal delegates to the territories later to be erected as parishes or to maintain the status of a perpetual vicarage. Perhaps the reference is only to special arrangements made by particular diocesan laws.

(b) Duties.—The ordinary minister of this Sacrament should confer it when his subjects reasonably request it, and the Ordinary should see that the Sacrament is administered to his people, if possible, at least every five years (Canon 785). It would be unreasonable, however, to expect a bishop to go to every sick or dying person who desires Confirmation, as the Sacrament is not necessary for salvation and the task would be morally impossible, The Sacrament should be performed validly, worthily, and rubrically. When Confirmation is given, fasting is of counsel, not of precept. The use of a sponsor in Confirmation seems to be a grave obligation, when possible. A recipient can have but one sponsor, and a sponsor can act for only one or two confirmandi, unless it appear to the minister that there is sufficient reason to have a sponsor act for more (Canon 794). The pastor of the recipient, if he is unaware of the Confirmation, should be notified as soon as possible (Canon 799).

(c) Various prescriptions, some of them subjects of special study, are attendant upon the grant of power to confirm to pastors and “equivalent pastors.” The major ones are summarily stated here. The pastor obtains this power when he acquires the office. It lasts as long as he holds office. The exercise of his power becomes unlawful if he falls under censure; in certain cases it may then even be invalid. Theologians disagree as to the precise nature of the power, whether it be of orders, of jurisdiction, of both, an intrinsic or extrinsic modification of orders, etc. The common opinion holds that it is solely a power of orders. Hence, Canon 209 may not be safely used here, and an ordinary assistant who attempts to confirm would not fall under any irregularity; a pastor, however, might, by misuse of his power, be not only deprived of it, but be placed under an irregularity. Use of the power is not dependent on the permission of the local Ordinary. It may be necessary to inquire however, whether the bishop wishes to confirm in particular cases. Episcopal instructions on this matter must be complied with.

(d) Subjects of the Extraordinary Minister. The decree, Spiritus Sanctus, in its second rule lays down a condition for the valid administration of Confirmation by the extraordinary minister and determines the proper subject. The new faculty is strictly personal (hence it may not be delegated to others) and strictly territorial (hence the administration must take place within the confines of the minister’s district and therein extends even to exempt places). The recipient must be “in real danger of death because of a serious illness from which it is foreseen that he will die.”

Before treating the illness established as a condition for validity, other conditions of the subject must be considered. The decree describes the proper recipient as fidelis in two places. The question has been discussed whether this limits the subjects to Catholics and excludes validly baptized Protestants. Authors are not agreed. Perhaps, since the extraordinary minister can act only within the powers given him in the decree, he would have to interpret fidelis as extending solely to Catholics. On May 1, 1948, the Congregation for the Oriental Church issued a grant of powers to the Latin extraordinary ministers to confer Confirmation under the same conditions to Catholics of the Oriental rite who live under the jurisdiction of a Latin Ordinary, who are in the territory of the Latin pastor and whose rite has no established parish or mission in the locality. (This grant of power was previously impossible by virtue of Canon 782, Sec.4.) In emergency cases there would be no need to await the arrival of the proper pastor. Since Ruthenian Catholics are not under the Latin Ordinaries in this country, it seems that the decree might not extend to them. The point is disputed, but it would be imprudent to act on the opinion that the Ruthenians are included until the question is officially settled. The recipient need not be a permanent resident in the territory by reason of domicile or quasi-domicile; physical presence suffices.

The final condition of dangerous sickness is similar to the one in Extreme Unction; it must arise from an intrinsic cause, not from an extrinsic cause. and includes not only sickness, but also wounds and accident cases. The decree speaks of the subject in “vero mortis periculo.” Some thought that the wording distinguished the sickness from mere “periculo” mortis, and hence must be certain, not doubtful or probable. In response to the Cardinal of Palermo, on March 6, 1947, the Congregation of the Sacraments favored the opinion that the norms for “urgente mortis periculo” (Canons 1043, 1044, 1046) are applicable. As a rule of thumb, many authors propose: if the sickness permits the administration of Extreme Unction, it also justifies the giving of Confirmation in accordance with the terms of the decree.