Morals of the Church
Library › Noldin, Summa of Moral Theology › On Ecclesiastical Penalties › Second Book. On Ecclesiastical Penalties in Particular. › Question Five. On Irregularities › Article Two. On Irregularities from Delict

paragraph — Noldin, Summa of Moral Theology

§ 1. Repetition of Baptism

131.

131. Culpable, absolute, and public repetition of baptism induces irregularity.1

  1. Repetition of baptism: for from the repetition of other non-repeatable sacraments, namely confirmation and order, no irregularity is incurred, because none is expressed in law.

  2. Culpable: for where there is no fault, irregularity from delict is not incurred; therefore one who rebaptizes from ignorance either of law, namely that repetition of baptism is prohibited, or of fact, namely that baptism had already been conferred, does not become irregular.

  3. Absolute: for the words of penal law are of strict interpretation; but one who does not baptize absolutely is not strictly said to baptize. Therefore one who rebaptizes under condition does not become irregular, even if he sins gravely, namely if rashly and without due investigation concerning the validity of the first baptism he baptizes again.

With Benedict XIV, authors commonly affirm that he becomes irregular who rebaptizes under condition where there is no reason for doubting the validity of the first baptism.2 But the opinion denying irregularity in this case is probable, because this irregularity was established against the error of those rebaptizing; but by the condition added that error is excluded.3

  1. Public,4 so that concerning each baptism, the conferral and the repetition, it is publicly established.

There are those who, for contracting irregularity from the crime of rebaptism, demand that the second baptism be solemn;5 nevertheless the text of law only says that it must be public. But in order that the repetition of baptism be public, it is required that each baptism be public.6

Note. This irregularity is not perfect, since according to the probable opinion of several authors it prohibits only the reception of further orders, but not likewise the exercise of orders received.7

1 C. Confirmandum 65. dist. 50.

2 De synodo l. 7. c. 6. n. 3.

3 Gasparri I. n. 329. D'Annibale, Summula I. n. 410.

4 C. Ex litterarum 2 De apostatis et reiterant. bap. (V. 9).

5 Salmanticenses tr. 10. c. 8. n. 60. 64. and St. Alphonsus n. 356.

6 Gasparri I. n. 324. D'Annibale, Summula I. n. 410.

7 Busembaum apud St. Alphonsus l. 6. n. 356. Lehmkuhl, Theol. m. II. n. 1006.

Repetition of Baptism

132.

132. Persons who contract irregularity are: the one rebaptizing, those ministering to him from office, and those rebaptized.

  1. The one rebaptizing and those ministering to him incur only partial irregularity, namely one impeding ascent to higher orders, but not the use of orders received; but the rebaptized person contracts total irregularity.

  2. Only those ministers become irregular who minister from office, namely clerics; wherefore parents, sponsors, and any others who cooperate in the repetition of baptism do not become irregular.

  3. In order that the rebaptized incur irregularity, they must be knowingly rebaptized: for where sin is not committed, penalty is not incurred. Wherefore only adults, but not infants who have been rebaptized, become irregular.

Irregularity is incurred not only from repetition, but also from unworthy reception of baptism, namely where an adult receives baptism from a declared heretic outside the case of necessity; but infants baptized by heretics in a heretical sect are not irregular.1

1 C. Placuit 3 and C. Qui apud 4. c. 1. q. 4.

Repetition of Baptism