Question — Merkelbach, Summa Theologiae Moralis

Question Four: On the Minister of Baptism

136.

136. Notions. - A minister is one kind ordinary, who by force of the order received is deputed primarily to confer Baptism; another extraordinary, who by force of order is deputed to this only secondarily, but primarily to assist the minister of a higher order; - another legitimate, who besides has due license for baptizing; another illegitimate, who does not have this license; - another is the minister of solemn Baptism, which is ministered with all the rites and ceremonies prescribed in the ritual being observed; another the minister of non-solemn or private Baptism, which is conferred without all the ceremonies (can. 737, § 2).

137.

137. Principle I. The ordinary minister of Baptism is every priest, and only a priest, as the Council of Florence says, decree for the Armenians. Since the conferral of Baptism is an act of a pastor, and by it the baptized person is aggregated also to a particular Church, but to make aggregation pertains to him who has jurisdiction in that Church; hence the faculty of baptizing solemnly is reserved to the pastor and the Ordinary of the place, and another priest cannot legitimately use his power unless he has obtained license from the pastor or the Ordinary of the place; nevertheless this license in a case of necessity is legitimately presumed, even for solemn Baptism (can. 738, § 1).

137.

Hence 1. the Ordinary of the place and the pastor have the reserved right of baptizing, by themselves or by a delegate, all who have domicile or quasi-domicile in their territory, and also vagi, while they are actually staying in the territory.

137.
  1. They cannot of themselves baptize pilgrims, because these are not subjects, and therefore they are to be brought to their own parish; unless this cannot easily and without delay be done: for then any pastor in whose parish they are can baptize them solemnly (can. 738, § 2); as can often happen if a mother gives birth in a sanatorium.
137.
  1. Outside their own territory they cannot baptize, not even their own subjects, without due license of the pastor or Ordinary of the place (can. 739).
137.
  1. The Baptism of adults, where it can conveniently be done, is to be referred to the Ordinary of the place, so that, if he wishes, it may be conferred more solemnly (can. 744).
137.
  1. Parents sin who, outside a case of necessity or without license of the pastor, bring their offspring to other priests, because they violate the right of their own pastor; likewise priests who, outside a case of necessity, baptize such offspring without ordinary or delegated faculty, and indeed of itself gravely, although more often in various circumstances grave fault can be absent.
138.

138. Principle II. The extraordinary minister of solemn Baptism is a deacon; who nevertheless cannot use his power without license of the pastor or Ordinary of the place, which is not to be conceded except for a just cause. The cause is judged sufficient if the pastor is absent or sick, or if he is occupied with having to preach a sermon or with hearing confessions. Where necessity urges, license is legitimately presumed (can. 741).

138.

A deacon baptizing solemnly: 1. can and ought to use all the rites and ceremonies; 2. but he cannot bless salt and water; whence, if blessed salt is lacking, let him omit the ceremony with the prayer joined to it (S.R.C., February 10, 1888); 3. if he baptizes without license of the pastor or Ordinary of the place, he sins, and indeed of itself gravely; but he does not contract an irregularity, because he does not usurp an order.

139.

139. Principle III. The extraordinary minister of private Baptism is any man using reason, whether male or female, whether Catholic or heretic or schismatic, whether faithful or unbeliever, who always baptizes validly, but licitly in danger of death and when an ordinary minister is lacking (can. 742); as is certainly established from the doctrine and practice of the Church; indeed, it is of faith from Lateran Council IV, cap. Firmiter; the Council of Florence; and from Trent, sess. 7, can. 4, defining that Baptism conferred in due manner by heretics is true Baptism.

139.
  1. A case of necessity exists only in danger of death; not, however, if a priest cannot be had except after a long time on account of distance, bad weather, or illness. Probable danger of death suffices, indeed a founded fear, which in missions can more easily be admitted on account of various circumstances (S.R.C., February 10, 1888).
139.
  1. In private Baptism an order among ministers is to be observed: "if a priest is present, let him be preferred to a deacon; a deacon to a subdeacon; a cleric to a layman and a man to a woman, unless for the sake of modesty it is fitting that a woman rather than a man baptize, or unless the woman knows better the form and mode of baptizing," says the Ritual, tit. 2, c. 1, n. 16, and this is confirmed by can. 742, § 2. This rule is to be understood concerning Catholic ministers, so that:
139.

a) any faithful person not excommunicated is to be preferred to any heretic, even a priest;

139.

b) a faithful person is also to be preferred to a cleric under censure after declaratory or condemnatory sentence (Holy Office, August 20, 1671);

139.

c) a woman outside the family is preferred to the father of the infant, for, says the ritual, "it is not licit for the father or mother to baptize their own offspring, except in danger of death, when no one else is at hand who may baptize" (can. 742, § 3): thus lest a double paternity be accumulated in the same person.

139.
  1. He sins gravely who baptizes against the aforesaid order when a priest not prohibited is present; nor can the priest yield his right except by reason of decency, for example, for baptizing a fetus in the mother's womb. Likewise it will be grave if an unbeliever, heretic, schismatic, or excommunicated person to be avoided is preferred without necessity to a Catholic, even a layman. In other cases, to invert this order is probably only venial.
140.

140. Principle IV. Several ministers, each of whom places the whole sacramental sign independently of the action and intention of the others, baptize validly, although not licitly. For then each one is the cause of the whole sacrament, and consequently they act as ministers of Christ, who gave to each the power of confecting the whole sacrament independently of others; - on the contrary, if they acted as partial and inadequate causes which must contribute their powers to one another and are dependent on one another, because thus they would not act as a minister of Christ but as a common and simultaneous cause.

140.
  1. If each intends to baptize not by himself alone but conjointly with the other, or dependently on the action and intention of the other, then neither baptizes, because several ministers cannot concur in the sacrament as partial causes.
140.
  1. But if each intends to baptize separately, or independently of the intention of the other, then the one who first completes the matter and form baptizes validly, the other invalidly; - if each completes them at the same time, each baptizes, but "they would not hand on one sacrament and another sacrament, but Christ, who is the one baptizing interiorly, would confer one sacrament" (a. 6).
140.
  1. If together at the same time they say: we baptize you, understanding themselves as partial causes coming together to confer one Baptism, as is the more natural sense of the words, they baptize invalidly, because they essentially change the sense of the form (a. 6); - on the contrary, validly, if each should say this as total and independent causes.
141.

141. Observations. - 1. In Baptism of necessity, as far as can be done, two witnesses or at least one should be used, by whom the conferral of Baptism can be proved (can. 742, § 1).

141.
  1. Let the pastor take care that the faithful, especially midwives, physicians, and surgeons, thoroughly learn the correct mode of baptizing for a case of necessity (Ritual, tit. 2, c. 1, n. 13; can. 743). This obligation is grave.
141.
  1. When it falls to the pastor to judge concerning the value of private Baptism, it is better first to question the person baptizing, then the witnesses, separately. One must examine:
141.

a) who baptized and in what circumstances: for if Baptism was conferred by a person who is accustomed to be anxious, disturbed, and perplexed, or if Baptism was conferred by a prudent person, but in more difficult circumstances, in which, because of the danger of a sudden event, everything had to be done hastily and in disturbance, there is more easily room for doubt;

141.

b) what form he pronounced, whether integrally, whether vocally and not only mentally;

141.

e) what intention he had: for sometimes certain midwives confer the sacrament under a condition concerning the future: if you will die, if you will not be able to be brought to the church, if you will not be able to be born, etc., which renders the sacrament invalid. Yet inquiry will chiefly be concerning matter and form, because a right intention is presumed unless there is a special reason for doubting.

141.

Generally it is expedient that the pastor, before he poses determinate questions, induce the person who baptized to narrate how he acted.