Chapter II: On the Minister of Baptism

— Any man using reason, of whatever faith or infidelity, state or sex, validly ministers baptism. For licit administration, solemn baptism, or that which the rites and ceremonies of the Church accompany, is to be distinguished from non-solemn baptism.

— 1. The ordinary minister of solemn baptism is a priest; yet the conferral of baptism is a parochial function which, apart from the local Ordinary or one's own pastor, in his own territory, another priest does not administer licitly except by license of the pastor or local Ordinary. Yet this license, in a case of necessity, is legitimately presumed (c. 738, §1).

But one's own pastor, from c. 94, is the pastor of domicile or quasi-domicile, who nevertheless, outside his own territory, is prohibited from baptizing solemnly without due license of the Ordinary or pastor of the place (c. 739).

A traveler is to be baptized by his own pastor in his own parish if this can be done easily and without delay; otherwise he can be solemnly baptized by any pastor in his own territory.

Statutes sometimes define the distance which is judged excessive for a child to have to be brought to his own pastor; yet it will always be lawful to do this. Indeed a custom at least centenary can be tolerated by the bishop, which always gives faculty to the pastor of the place of baptizing children born in his parish.

The supplying of ceremonies after baptism conferred in necessity without ceremonies is also reserved to one's own pastor. It is less certain whether baptism which is to be repeated privately under condition is reserved to the pastor (Lehmkuhl, II, 91).

Of vagrants, or of those who have only a diocesan domicile or quasi-domicile, the proper pastor is the pastor of the place where they actually are (c. 94), so that they are licitly baptized by any pastor in his own territory.

Where there are still lacking parishes or quasi-parishes into which the diocese or quasi-diocese is divided, the proper minister of baptism, besides the local Ordinary, is defined by peculiar statutes and received customs.

An outside pastor who without notable cause or the presumed consent of the proper pastor or Ordinary baptizes an infant brought to him is judged gravely to usurp another's jurisdiction. Fear lest baptism be neglected sanely excuses him entirely.

— 2. The extraordinary minister of solemn baptism is a deacon. But licit use of his power requires: a) license of the local Ordinary or pastor; b) a just cause for conceding that license. When necessity urges, a deacon can legitimately presume the license.

A just cause does not mean a grave cause. A multitude of persons to be baptized, or a multitude of penitents whose confessions must be heard, or another serious inconvenience permits a pastor to commit baptism to a deacon.

But the cause for presuming this license must be much graver. It is necessary that necessity of conferring baptism urge.

But a layman or cleric below a deacon can never baptize solemnly. And that solemn ministration makes the same irregular from delict (c. 985, 7°). By the general words which this canon uses, it seems to resolve the controversy whether only clerics or also laymen would become irregular by this usurpation. This irregularity is also incurred by a priest who by canonical penalty is prohibited from this ministration (c. 985, 7°). But, unless there is question of censured persons to be avoided, the excommunicated, interdicted, and suspended, when asked by the faithful, can licitly confer the sacraments (cc. 2261, §2; 2275, 2°; and 2284).

But a deacon who baptizes solemnly without commission, since from c. 741 itself he has the power, although he uses it badly, escapes this irregularity.

— 3. In necessity, non-solemn baptism is legitimately ministered by anyone, "the due matter, form, and intention being observed; but insofar as it can be done, two witnesses or at least one are to be used, by whom the conferral of baptism can be proved" (c. 742, §1).

This necessity, in our regions, will almost always be danger of death; but in regions of missions, the very absence of a priest or difficulty of approaching him. For the Sacred Congregation of Propaganda Fide, January 27, 1788; January 16, 1804 (Collect., 593, 674), praised the custom of enjoining catechists or more prudent laymen that they quickly baptize the infants of Christians, even those who are well.

Yet the order is to be observed, so that a priest be preferred to a deacon, a deacon to a subdeacon, a cleric to a layman, a man to a woman, unless the reason of modesty or even the greater skill of the woman advises that she be preferred (c. 742, §2).

Change of this order is judged light. Yet they except if before a faithful person a heretic is used, or before a priest a layman. This latter, however, we judge to have been said too severely. For there is question of private baptism, concerning which the Code establishes the principle that the same can be ministered by anyone, and in one and the same sentence exhibits the order by which a priest is said to be preferred to a layman, a man to a woman. It seems little likely that neglected preference is in one case mortal, in another merely venial.

— Nevertheless by a special prohibition both parents are prohibited from baptizing their offspring, unless in danger of death when no other is present who may baptize (c. 742, §3).

The present-day cause of this prohibition can no longer be sought from the spiritual relationship which, as baptizer, a husband would contract with his wife, because from c. 768 the baptizer is no longer bound by any relationship with the parents of the baptized. This other cause subsists: that it is not fitting for a twofold paternity, natural from generation, spiritual from the administered sacrament of regeneration, to be conjoined in the same person. This reason does not seem to induce a grave obligation.

As is evident of itself, if a parent is more skilled, he will safely be able, in order to provide better for the salvation of the offspring, to baptize the infant himself rather than one less fit.

The pastor must take care that the faithful, especially midwives, physicians, and surgeons, thoroughly learn the right mode of baptizing for a case of necessity (c. 743).

The opportuneness of this precept is demonstrated by lamentable errors.

— "The baptism of adults, where it can conveniently be done, is to be deferred to the local Ordinary, so that, if he wishes, it may be conferred more solemnly by him or by his delegate" (c. 744).

These words are placed so temperately that they seem to contain, rather than a precept, a wish which the Ordinary himself can fulfill by a statute by which he reserves the baptism of adults to himself. This is customary enough in our parts. Elsewhere, the very circumstances of places will stand in the way of that reservation.

Besides, there is question here of baptism to be conferred absolutely, not of conditioned repetition, which often demands secrecy and is customarily done without ceremonies.

— Every man using reason baptizes validly. The priest is the ordinary minister of solemn baptism; yet he does not baptize licitly except by license, at least presumed, of the Ordinary or of the proper pastor, in his own territory. A traveler is to be baptized by his own pastor in his own parish if this can easily be done without delay; otherwise he is permitted to be baptized by any pastor in his own territory. The extraordinary minister of solemn baptism is a deacon by license of the Ordinary or pastor, conceded because of a just cause of inconvenience, or presumed in necessity.

In necessity, which in regions of missions is constituted by the very absence of a priest, any man legitimately ministers non-solemn baptism. A priest is to be preferred to a deacon, a deacon to a subdeacon, a cleric to a layman, a man to a woman, unless modesty or greater skill of the woman advises otherwise. Change of order is judged light, unless a heretic is preferred to a faithful person. Excepted is necessity of danger of death: parents are forbidden to baptize their own offspring. Absolute baptism of adults is often reserved to the Ordinary; and it is the wish of the Code that it be deferred to him of itself.