As a way of building up to questions about the validity of the administration of confirmation in SSPX chapels, a reader writes:
1) Does a schismatic bishop administer Confirmation validly, even if illicitly, when there is no danger of death?
Yes. Bishops can always confirm validly, regardless of whether they are in the Catholic Church or not. Bishops are the ordinary ministers of this sacrament and so they do not need to have faculties delegated to them in order to perform it validly. The ability to do this sacrament is one of the powers that is conferred on a bishop in his ordination.
2) Does a schismatic priest administer Confirmation validly, even if illicitly, when there is no danger of death?
The law is not entirely clear on this point. There are clearly at least some circumstances in which a priest who is not a member of the Catholic Church can confirm validly. Specifically: If he is part of a non-Catholic church (in the proper sense of the term "church" with a valid episcopacy) and that church authorizes him to perform confirmations then he can do so validly. Thus Eastern Orthodox priests confirm validly.
It is not clear, however, whether a priest can confirm validly on his own, without doing so under the auspices of a church, properly so-called.
3) Does a schismatic priest administer Confirmation validly, even if illicitly, when there is no danger of death and he has no faculties from his bishop?
This is not clear. The law does not presently address this point.
4) How would the anser to #3 apply to Lefebvrist priests, who technically do not have Ordinaries?
Let’s leave aside the question of whether the Lefebvrist bishops count as "ordinaries." They are not ordinaries in the sense of persons in authority approved by Rome, but in terms of their function within the society that term may be applicable to them (even if they would disavow it).
The real question is whether the SSPX is a church or not. If they are a church and if they empower their priests to perform confirmations apart from the danger of death then these confirmations would be valid. If they are not a church then it is unclear whether the confirmations would be valid.
The SSPX, presumably, would deny that it is a church and argue that it is a priestly society. Perhaps. But schismatics typically deny that they are in schism and that they are starting a new church. Refusing to own the title "church" does not mean that you aren’t one. If the Patriarch of Constantinople decided to stop referring to the church he heads as a church then that would not make it less a church, not would it makes its confirmations invalid.
It’s that whole "a rose by any other name" thing, y’know?
So what is required for there to be a church? Some light is shed on this by the CDF’s Note On The Expression "Sister Churches" and by the Catechism.
The Note notes that "in the proper sense sister churches are exclusively particular churches (or groupings of particular churches; for example, the patriarchates or metropolitan provinces) among themselves" (10). This points toward regarding as a church outside the Catholic Church any particular church or group of particular churches.
The importance of this for the present discussion is that EITHER a single, independent particular church OR a group of particular churches is sufficient for validity of the sacraments in it. The only grouping of particular churches that is of divine origin is the Catholic Church, which these groups are outside.
As a result of the non-divine origin of groupings of particular churches outside the Catholic Church, the power of valid confirmations cannot rest in them. Thus the power of validly confirming must rest in particular churches. You don’t need a whole group of them before this power is present. Thus, for example, if somehow all the Eastern Orthodox churches EXCEPT the particular church of the Russian Orthodox of Moscow suddenly vanished then it would not cause confirmations administered in the Moscow church to be invalid just because there were no other Orthodox for them to be in communion with.
This means that if the Lefebvrists meet the qualifications for being a single particular church are met then they would have the ability to authorize their priests to do confirmations validly.
(Sorry if that seemed like a digression, but I wanted to close off a potential objection that the SSPX isn’t part of a big communion of churches like the Eastern Orthodox.)
So what do you need to be a particular church? The Catechism says:
833 The phrase "particular church," which is the diocese (or eparchy), refers to a community of the Christian faithful in communion of faith and sacraments with their bishop ordained in apostolic succession. These particular Churches "are constituted after the model of the universal Church; it is in these and formed out of them that the one and unique Catholic Church exists."
Now, the Lefebvrist bishops are ordained in apostolic succession, and if they are "in communion of faith and sacraments" with "a community of the Christian faithful" then they would seem to count as a particular church even if they don’t use this title for themselves–at least according to the definition offered by the Catechism.
If we turn to other documents, like Pius XII’s encyclical Mystici Corporis and look at what he says about the Catholic Church, we might come up with an extra criterion. In that encyclical he identifies there are being three bonds that fully unite one to the Catholic Church: faith, sacraments, and governance. If that is what is needed to be united to the Catholic Church then presumably any other body that had a common faith, valid sacraments (including the episcopacy), and a common governance would also be a church.
These the Lefebvrists seem to have. They have the Catholic faith, they have a valid episcopacy allowing for the valid exercise of all the other sacraments in at least some cases (e.g., when an SSPX bishop himself confirms), and they have their own internal governance.
So they’re looking pretty church-like, even though (I assume) they would deny this title to themselves.
Thus if they are a church and they empower their priests to confirm outside of danger of death then these confirmations will be valid.
If they’re not a church then it is unclear whether their priestly confirmations would be valid.
5) Do Confirmed Lefebvrists have to be re-Confirmed?
Pending further clarification from Rome, it is unclear whether confirmations done by SSPX priests are valid and, in the presence of the doubtful administration of a sacrament that can be administered only once, the pastorally prudent thing to do would be to administer conditional confirmations to such people.
If Rome clarifies (perhaps as part of regularization of the SSPX) and says, "No, the first confirmations were valid" then we go with that.
6) If Levebvrist Confirmations are not valid, then why are those done by Eastern Orthodox and other schismatic Christians? (Ditto with Marriages and Confessions?)
If Lefebvrist priestly confirmations are not valid then it is because SSPX priests do not have faculties because they have not been granted them by a particular church. Eastern Orthodox and other, similar groups do have particular churches that have empowered their priets to confirm (and perform marriages and hear confessions) and so their validity would not be in doubt.