Article — Prümmer, Manuale Theologiae Moralis
Article I. On The Baptism Of Infants Of Catholics And Non-Catholics
126. 1. Infants of Catholic parents are to be baptized as soon as possible.
Hence the Code of Canon Law, c. 770, commands: "Infants are to be baptized as soon as possible, and pastors and preachers are frequently to admonish the faithful concerning this grave obligation of theirs." The reason is that the life of infants is so tender that death can occur very easily and very quickly, and then the gate of heaven would remain closed to them for all eternity. Therefore Leo XIII most vehemently reproves the custom of delaying the baptism of infants: "Nothing surely is more unjust than this evil custom, nothing more contrary to ecclesiastical sanctions, since it not only brings the eternal salvation of so many souls, with inexcusable temerity, into manifest danger, but also certainly deprives them during that time of the ineffable gifts of sanctifying grace which are infused through the laver of regeneration.... We cannot but disapprove and execrate from our soul so detestable a usage, at once impious toward God and toward men, wherever it has unfortunately become established."152 By common law no determinate time has been established within which infants must be baptized under grave sin; but by particular law it is not rarely prescribed that the baptism of infants not be delayed beyond one or two weeks.
Theologians dispute what delay of the baptism of infants is a grave sin. Wherever a particular law concerning this matter exists, it is to be observed, and transgressions of it are to be judged according to the mind of the legislator. But if particular law is lacking, grave scandal to the people and danger of death for the infant being excluded, it is utterly impossible to assign accurately what delay is a mortal sin. Concerning this matter St. Alphonsus153 writes: "Palaus, from Suarez, thinks that delay beyond a month is grave if there is no cause; but if there is a cause, that a delay of two months is grave. Laymann thinks almost the same.... The Salmanticenses, however, judge that it is not mortal to delay, unless beyond fifteen or twenty days, even without an urgent reason. Juénin, on the contrary, according to his custom of constricting consciences to the utmost, says that baptism ought not to be delayed beyond one or two days. Tournely, however, thinks that delay is not to be extended beyond five or six days..., but more commonly and more probably, Sotus, Leander, and Ledesma, cited by Concina and Roncaglia, say that the delay is not grave unless ten or eleven days are exceeded." In so great a multitude of opinions, which clearly demonstrates that nothing certain can be answered to this question, pastors and confessors are most earnestly to exhort parents not to delay the baptism of their offspring beyond three days without a most urgent cause.154
152 Epistle to the Bishop of Anglona, July 22, 1899 (Collect. de Prop. Fide, n. 2060).
153 Theol. mor., l. 6, n. 118.
154 Noldin (De sacr., n. 66), following Ballerini-Palmieri (Opus theol. IV, n. 745) and Génicot (Theol. mor. II, 146), thinks that a delay, even a notable one, is not to be accused of grave sin, provided that there is a serious will not to neglect baptism and that danger of death is not truly to be feared. This opinion indeed seems sufficiently lax and opposed to the words of Leo XIII cited above. In some regions, however, parents are excused from mortal sin because of an erroneous conscience. The delay of the baptism of adults will be discussed below, n. 134.
127. 2. Infants of heretical and schismatic parents could, by strict right, be baptized by the Catholic Church, since they are subjects of ecclesiastical laws; nevertheless, the Church does not use this right and has even forbidden pastors to baptize such infants unless there is hope of educating them in the Catholic religion.155
In this matter the response of the Holy Office on August 26, 1885, is to be noted: "If, because of the lack of a Protestant minister, an infant to be baptized is offered to a pastor or another Catholic priest by Protestant parents, who nevertheless are unwilling to promise the Catholic education of that infant, can the pastor in this case confer baptism for the salvation of the infant's soul, setting aside what will happen if the infant reaches the years of discretion? Reply: In the negative, except at the moment of death." This response seems to have been given especially for the case in which the parents approach a Catholic pastor solely because of the lack of a Protestant minister. For if the pastor then conferred baptism solemnly, great scandal would arise. But if in this case the pastor confers baptism only privately and without all the ceremonies, because no one else is present who would certainly baptize validly, and if at least some probable hope exists that the offspring will be educated in the true faith, we think that he acts licitly, since he thus provides for the eternal salvation of the infant, nor does serious scandal seem to arise therefrom.
Resolutions. The infants of those Catholic parents who, because of indifferentism or even hatred toward the Church, refuse baptism can be baptized. For since these parents have not yet publicly apostatized from the true religion, some hope still exists that the infants, after attaining the use of reason, will be instructed in the Catholic religion. If an infant not yet baptized is at the moment of death, charity gravely requires that anyone confer baptism upon him even against the will of the parents.156
A pastor can licitly baptize an infant when either parent consents and promises a Catholic education, although he foresees that the other parent will object and that the offspring will be educated in heresy.157 The reason is that some hope of a Catholic education is then present.
After an infant reaches the years of discretion, he can be baptized when he himself asks and wills it, although his heretical parents object. Nevertheless, because of the unjust civil laws in force in many regions, it is often advantageous, in order to avoid greater evils, to delay baptism, at least solemn baptism, until that age which grants children the right to live in the true religion against the will of their parents. Meanwhile, such a child is to be well instructed in the Catholic religion and frequently to elicit an act of perfect charity, so that he thus receives baptism of desire and remains in the state of sanctifying grace. Moreover, according to his ability he must guard against every proximate danger of perversion. He could obtain a dispensation from positive ecclesiastical laws, for example, the laws of hearing Mass, abstinence, and so forth; but he could not fictitiously receive the Supper in a Protestant church.
155 Holy Office, May 17, 1916.
156 Code of Canon Law, c. 751.
157 Cf. Lehmkuhl, Theol. mor. II, 114.
128. 3. Infants of infidel parents cannot, outside the moment of death, be baptized without the knowledge or against the will of their parents.
Concerning this matter St. Thomas158 writes: "The children of infidels either have the use of reason or they do not. If they have it, they begin to be of their own power in those things which are of divine or natural law; and therefore by their own will, against the will of their parents, they can receive baptism. But if they do not yet have the use of free will, according to natural law they are under the care of their parents.... And therefore it would be against natural justice if such children were baptized against the will of their parents.... It is also dangerous to baptize the children of infidels in this manner, because they would easily return to infidelity because of their natural affection for their parents. And therefore the Church does not have this custom, that the children of infidels be baptized against the will of their parents." Indeed, the Church has positively forbidden such children to be baptized outside the moment of death.159
In three cases these infants can and must be baptized, namely: 1. when they are in such danger of death that they are prudently foreseen to be going to die before they attain the use of reason; 2. when, being placed outside the power of parents and guardians, they can be educated in the Catholic religion. This latter case frequently occurs in mission territories, where infants are exposed or sold by their parents; 3. if both infidel parents, or at least either one, or the person who uses paternal authority in place of the parents, consents to the baptism of the infant, and at least some hope exists that a Christian education will be had, or that the danger of future perversion will not be so proximate and certain. The third exception is evident of itself and has been confirmed by the Roman Curia.160 The reason for the first exception is that at the moment of death the eternal salvation of the infant to be procured altogether requires that baptism be conferred upon him. Nevertheless, if in such a case great harm to the common good, for example, a persecution of religion, would arise from baptism being conferred, then it is necessary to abstain from baptism, because the private good of the infant must yield to the common good of society. On July 18, 1894, the Holy Office established that infants can be baptized not only at the moment, but also in danger of death, indeed even when it is foreseen that they will not reach the years of discretion.161 The reason for the second exception is that a pagan education and the danger of perversion are the sole obstacle to conferring baptism. But this obstacle is removed in the case.162
Scholion. On the baptism of exposed infants. Exposed infants163 ordinarily are to be baptized under condition, unless it is established that they have already received valid baptism.164 But if moral certitude of baptism having been received is had from a note attached to the infant or from elsewhere, it is not lawful to baptize again.
158 S. theol. 3, q. 68, a. 10.
159 Cf. Benedict XIV, Constitution Postremo mense, February 28, 1747, who, relying especially upon the doctrine of St. Thomas, treats at great length the question of baptizing Jews and infidels, both infants and those possessed of reason (Denz., nn. 1480 sqq.).
160 Cf. Holy Office, February 13, 1867 (Collect. de Prop. Fide, n. 1302); Code of Canon Law, c. 750, § 2, n. 1.
161 Cf. Collect. de Prop. Fide, n. 1877.
162 When, notwithstanding the prohibition of the Church, an infant has been baptized against the will of infidel or Jewish parents, he must even by force be educated in the Catholic faith. Thus it was done in the celebrated case of Edgar Mortara, who, having been baptized by a maidservant, was afterward educated in the Catholic religion against the will of his Jewish parents by command of Pius IX. When this boy reached the years of discretion, he freely chose to remain in the Catholic religion, and afterward became a Canon Regular of the Lateran.
163 Commonly Findelkinder, foundlings.
164 Benedict XIV, De syn. dioec., l. 7, c. 6, n. 5; Acta Conc. Plen. Americae Latinae (1899), n. 502; Code of Canon Law, c. 749.