Article II: On the Minister and Subject of Confirmation

— I. The ordinary minister of valid confirmation is every and only bishop; but the extraordinary minister, from a faculty made either by common law or by a peculiar indult of the Apostolic See, can be any priest, so that a priest can be said to be the remote minister of this sacrament. Cf. c. 782, §§1, 2.

With this faculty received, the presbyter indeed acquires no jurisdiction, but his power of order, which he has incomplete, is perfected. But that the Supreme Pontiff alone and no other bishop can give this necessary complement seems to be attributed to a reservation made by the Supreme Pontiff. Cf. Lehmkuhl, II, 133, 134.

All priests of the Greek rite obtain this faculty. In the Latin Church, by law itself the following are endowed with that faculty: Cardinals of the Holy Roman Church (c. 239, §1, n. 23), an abbot or prelate nullius, an Apostolic Vicar and Prefect; but these latter three cannot validly use it except within the limits of their territory and only while the function lasts (c. 782, §3).

Besides, "a presbyter of the Latin rite to whom, by force of an indult, this faculty belongs, validly confers confirmation only on the faithful of his own rite, unless in the indult something else has been expressly provided" (c. 782, §4).

Therefore a faculty given by the law itself is not circumscribed by this exception.

But priests of an oriental rite who at the same time baptize and confirm infants of their own rite are prohibited from conferring confirmation on infants of the Latin rite (c. 732, §5). The confirmation conferred nevertheless more probably is valid.

— In his own diocese, a bishop legitimately administers confirmation even to outsiders, unless express prohibition of their own Ordinary stands in the way; but in another diocese, he is permitted to minister confirmation to his own subjects privately and without staff and miter. That he minister it solemnly, he needs license of the local Ordinary at least reasonably presumed (c. 783).

Before the Code, they demanded, and indeed under grave guilt, the tacit consent of one's own Ordinary that outside subjects be legitimately confirmed. Yet they permitted that this consent be presumed, both as to those who ran in from another diocese, and as to one to be ordained who had received dimissorial letters for orders from his own bishop.

A Nuncio or Apostolic Delegate, if he is a bishop, by force of his faculty, n. 63, can confirm in the whole dominion subject to his jurisdiction and during a sea voyage, both in going to and returning from the place of his mission.

— A bishop must, by grave obligation, minister the sacrament of confirmation to his subjects duly and reasonably asking it, especially at the time of the visitation of the diocese (c. 785, §1).

The same is the office of a presbyter furnished with apostolic privilege, toward those in whose favor the faculty has been conceded (c. 785, §2).

Indeed the Ordinary who is prohibited from confirming by himself must provide, as much as can be done, that at least within any five-year period this sacrament be administered to his subjects (c. 785, §3).

Wherefore, after the Code, we judge that an Ordinary sins gravely who has neglected this administration beyond five years, although formerly they judged a delay grave after eight or ten years.

Concerning the negligence of a bishop, the Metropolitan must make the Roman Pontiff certain from cc. 785, §4 and 274, 4°.

— On the Subject. 1. All and only the baptized not yet confirmed are validly confirmed.

2. From among the baptized not yet confirmed, the following are licitly and fruitfully confirmed: a) adults who, constituted in the state of grace, are sufficiently instructed; b) the perpetually insane. Nor in those who have been masters of themselves is there need that they previously asked this sacrament, because in the profession of Christian life there is had a sufficient will of this sacrament. Therefore it is enough that the insane person be in the state of grace; and he is presumed to be in that state, unless the contrary is at least vehemently suggested; c) infants constituted in danger of death, or those for whom it seems expedient to the minister because of just and grave causes (c. 788). These causes can exist if a long absence of the bishop is foreseen, or if it is feared that the infant will die before another occasion of the sacrament.

With these causes excluded, administration of confirmation is conveniently deferred in the Latin Church to around the seventh year of age (c. 788), so that a sacrament less necessary may be received with greater reverence and in a more conscious manner.

But the dignity of this sacrament demands this: that those to be confirmed be thoroughly instructed concerning the special grace of this sacrament, that is, of fortitude, especially of intrepid confession of faith. This will be the occasion of inculcating in Christian adolescents that noble manliness which despises exterior human fears and, stronger, overcomes the interior attacks of temptations. And it is to be wished that so great a sacrament be held at a greater price.

— 1. The sacrament of confirmation has no necessity of means. Yet for a dying person who cannot confess or be anointed by extreme unction, the sacrament could become necessary.

2. The necessity of precept itself was commonly denied before the Code, both because the negligent are punished by no penalty, and because the obligation is gathered neither from Scripture or tradition, nor from the end or institution of the sacrament. Yet they admitted that an obligation of receiving it could arise per accidens for avoiding scandal, or, with persecution pressing, if someone fears that in torments he may fail in strength.

But now from c. 787, "it is lawful for no one, when occasion is offered, to neglect it"; so that this negligence, which betrays a certain sloth or lesser esteem, must be blamed at least venially. Besides, by the same canon, an obligation is imposed on pastors of taking care that the faithful approach it at an opportune time.

In the Greek Church, all infants are fortified by this sacrament. The same can be affirmed concerning the children of Catholics in the City also, since the custom is that some bishop be called to a dying infant to confirm him. But elsewhere, because of the rarity of bishops, very many infants die not confirmed.

If someone considers these things, does he not begin to grieve over this unequal condition of children, and to inquire into the manner by which morally an occasion may be given to all of obtaining in the soul that new character which by this sacrament is imprinted in the soul? Now much more easily today, by common law itself, the faculty of confirming is communicated to presbyters. Could not faculties be conceded, in places where bishops are few, to deans or archpriests for confirming children placed in danger of death? Those who are eminent in authority will judge concerning the opportuneness of the matter; yet it will be lawful for us to have it among our wishes.

3. Those to be ordained or to be initiated by first tonsure should indeed first be confirmed. Yet omission is not thought mortal (St. Alphonsus, VI, 786). Navarrus (Manuale, c. 22, n. 9) adds that not even a bishop sins mortally who ordains one not confirmed or himself not confirmed.