Case LXXXI: Irregularities of an Apostate

George, a Catholic student, Ritus latini, joined the schismatical Greek Church with the intention of receiving Holy Orders in it. The schismatical pope, who admitted him to this church, regarded the Latin baptism as invalid, being per infusionem and not per immersionem. Consequently George was rebaptized according to the Greek ritual and at the same time received the Sacrament of confirmation, the Chrismatio frontis, which generally accompanies baptism in the Eastern Churches.

Some time afterwards George repented of his errors and sought to be reconciled with the Catholic Church. He was in retreat for several days and then, having made his professio orthodoxae fidei, a priest possessing the requisite faculties gave him absolution and released him ab excommunicatione. George now wishes to become a priest. Is this possible? He has been guilty of

1. The delictum of joining the Greek schism.

2. The delictum of absolute repetition of baptism.

3. The delictum of repetition of confirmation.

1. Joining any schismatical body involves apostasia a fide, at least if the primatus jurisdictionis of the legitimate successor of St. Peter, the chief of the apostles, be denied. Although a schisma purum not connected with any heresy does not involve this irregularity, it is involved by schism connected with heresy. Is the Greek schism a schisma purum? By no means, for it includes various heresies;—denial of the primatus jurisdictionis Romani Pontificis totius Ecclesiae, which was defined in opposition to the schismatical Greeks at the second Council of Lyons in 1274, and at Florence in 1439. Moreover, since the time of Photius the Orientals have rejected the procession of the Holy Ghost ex Patre Filioque, which was expressly defined at the Council of Florence in the decree " Laetentur coeli." The Council added: "We define, furthermore, that the explanation Filioque was lawfully and reasonably added to the Creed for the sake of declaring the truth and because necessity was then pressing."

The same Council defined the existence of Purgatory and declared that the suffrages of holy Church benefit the poor souls detained there; the schismatic Greeks deny in theory the existence of any place of purification, although in practise they offer works of satisfaction, Masses and prayers for the dead, showing in this respect great inconsistency. We cannot therefore acquit them of heresy, and George is irregular ex apostasiae delicto ad schisma mixtum.

2. He is irregular also ex abusu iterati baptismi absolute recepti. On the occasion of the final schism, due to the action of Michael Caerularius in 1053, the Cardinal legate Humbert complained that persons who had received Catholic baptism were rebaptized by the heretics, who acted like the Arians with regard to those already baptized in the name of the Blessed Trinity. (Hergenrother, Photius III., pp. 749, 758.) The Greeks have continued this practise down to the present time, because Latin baptism is per infusionem and not per immersionem.

Therefore George consented to an abusus iterationis baptismi, in injuriam prioris baptismi et fidei factus. An absoluta iteratio baptismi certo valide collati causes a decided irregularity in the rebaptized person. Moreover, this unconditional rebaptism was administered by a minister schismatico-haereticus (c. 10, C. 1, qu. 7; c. 118, D. IV. de consecr.). These rules are still in force according to the present discipline of the Church—and a rebaptism of this kind presupposes heresy.

N. B. The members of the Eastern Churches seem now to take a more favorable view of the validity of Latin baptism, as in 1883 a Didache (Doctrina) was issued containing (cap. VII.) the words: "Baptize in the name of the Father and of the Son and of the Holy Spirit in living water. But if you do not have living water, baptize in other water; if you cannot in cold, then in warm. But if you have neither, pour water three times upon the head in the name of the Father and of the Son and of the Holy Spirit."

3. The schismatical pope who rebaptized George also confirmed him by anointing him with chrism on his forehead and saying: " The seal of the + gift of the Holy Ghost. Amen." Confirmation is generally administered immediately after baptism among the Greeks, and since the Fifth or Sixth Century both Sacraments have been administered by priests, who receive the necessary authorization from their Bishop, as well as the consecrated chrism (μύρον). The Greek Euchologium (Ritual) appends to the order of baptism the short formula: σφραγὶς δωρεᾶς + πνεύματος ἁγίου.

We have here therefore a second abusus iterationis Sacramenti, which, like baptism, impresses an indelible character upon the soul, and so cannot be repeated.

Must we regard George as irregular also ex delicto iteratae chrismationis seu sacramenti confirmationis? The reatus of a twofold sacrilege is there, but George did not become irregular in consequence of a repetition of confirmation; for irregularities are res odiosae, which must be treated as strictae interpretationis. Such an irregularity can be contracted only if the Canones et in terpretationes of the Holy See expressly say so; it is not to be inferred on analogy. In reference to abusus Sacramenti, c. 2, Ex literarum, X. V. 9, there is a definite statement: "By repetition he did injury to the Sacrament of Baptism." It is a principle that Irregularitas non incurritur nisi in casibus in jure expressis; therefore no irregularity can be established nisi peculiari jure expressa, and no canonical decision has ever declared that repetition of confirmation constituted an irregularity. "The following become irregular: those who seriously and knowingly repeat Baptism, and the rebaptized who minister; but not those who repeat Confirmation or Orders, since this is not expressed in law; and adults who knowingly permit themselves to be baptized by heretics outside a case of necessity." Ferraris, Biblioth, tom. IV. s. v. irregularitas 2°).—J. Danner, S.J.