Chapter III: On the Subject of Baptism

— One must begin from this highest principle: the capable and, of itself licit, subject of baptism is every and only wayfaring man, not yet baptized; who besides, if he has been an adult, has sufficiently consented to his baptism.

The right use of this principle demands that we distinguish: the infant in the womb, the abortive fetus or the monster brought forth, the born infant, the healthy adult, the adult in danger of death, and the doubtfully baptized infant or adult.

— I. On the Infant in the Womb. 1. Of itself complete birth is to be awaited. Danger lest he be brought forth dead gives cause for attempting baptism of the infant enclosed in the womb. But a fetus thus baptized must be baptized again under condition (c. 746, §§1 and 5). Cf. Hoornaert, Le baptême en cas d'urgence.

Canon 746, §1, prohibits the baptism of an infant enclosed in the womb "as long as there is probable hope that, rightly brought forth, he can be baptized." But the supreme necessity of this sacrament seems to allow that we understand these words of so probable a hope as equals moral certitude. Wherefore if there is probable danger of death before birth, we have said that baptism in the womb is to be attempted.

2. An infant who has put forth the head is, when danger of death urges, to be baptized absolutely on the head; nor is this baptism afterward to be repeated (c. 746, §2).

But if he has put forth another member, he is, when the same danger urges, to be baptized under condition; this baptism will have to be repeated under condition after birth (c. 746, §3).

With another distinction of parts omitted, the Code suppresses the controversies moved concerning these things, admitting absolute baptism on the head alone, and on every other part only conditioned baptism.

3. When a pregnant mother has died, "the fetus, extracted by those to whom it pertains, if he certainly lives, is to be baptized absolutely; if doubtfully, under condition" (c. 746, §4).

The fetus is extracted by the operation which, from Caesar, to whom it was useful, is called Caesarean. This operation certainly is to be done, even if conception was recent. Wherefore, as quickly as possible, a surgeon or another who can do it is to be called, meanwhile preserving the womb of the dead mother warm and opening her mouth; "nor is the physician perhaps saying that every effort is made in vain because the fetus is already dead to be easily believed: for indeed they rarely know this altogether certainly" (Lehmkuhl, II, 104).

Yet the priest himself, lest he become liable to a grave civil penalty or render religion hateful, will neither perform that section nor directly command it to be done; but by grave admonition he will try to induce the husband of the deceased woman, or relatives, or a physician, or a man endowed with public authority, to take care for that section. For already the doubtful effect itself excuses the priest for whom most grave inconveniences would have to be undergone; and the damage itself to religion supplies a public reason for abstaining. This reason moved the Holy See so that, on February 15, 1780, it prescribed to Missionaries in China that they commit the matter to the burden and office of surgeons. The Holy Office again referred to that decree on December 13, 1899. Cf. Coll. Pr. Fid., nn. 541 and 2073.

With inconveniences of this kind excluded, anyone, if a physician is lacking, could or should complete the incision from charity toward the infant perhaps to be saved. And by the principle of double effect, the danger of accelerating the death of the apparently dead mother is excused.

While the mother is living, that baptism of the infant, who seems unable to be brought forth alive by the natural way, be procured more certainly, Caesarean section is licit even with grave danger of death for the mother.

Today, since that section has become much less fatal, since, with sleep procured, every horror also is removed, that section is not rarely to be earnestly advised, and indeed early, lest the mother become unequal to the strength needed. And unless she herself is brought into grave peril, objectively she seems to be obliged to admit that section. Yet admonition will have to be made prudently, lest the good faith of the endangered mother be disturbed. The obligation itself, insofar as it arises from baptism to be conferred, is diminished when there is probable hope of validly baptizing the infant in the womb itself.

— II. 1. On the Abortive Fetus. "Care must be taken that all abortive fetuses, at whatever time brought forth, if they certainly live, be baptized absolutely; if doubtfully, under condition" (c. 747). For we do not know at what moment the spiritual soul is infused; nor do few think that this soul is infused from the first instant. Canon 747 seems to have been written according to this latter opinion; nevertheless, it by no means proposes it doctrinally, but merely hands down a practical norm.

Contrary to what Augustine thinks in c. 747 (A Commentary), relying too much on ocular observation, not after some days, but, as microscopic inspection demonstrates, immediately after penetration of the spermatozoon into the ovum, from the two pronuclei of the spermatozoon and ovum a nucleus is composed and there is had a being living by its own life, that is, a man. By the usage of physicians it is called an embryo; after six weeks, a fetus.

A certain sign of death is almost nothing except putrefaction, and beginning putrefaction does not suffice. But it happens often enough that a pregnant woman, while she is in agony, casts forth the fetus. Therefore one must beware lest the fetus be suffocated in the bed.

The better and safer way of baptizing these fetuses is by immersion in tepid water, taking care that while you pronounce the form, you immerse the fetus and then draw it out from the water.

Baptism does not seem to be conferred in a closed ovum, because the exterior membrane belongs least of all to the fetus. With Lehmkuhl approving, II, n. 104 note, and Ferberes, II, n. 825, Capellmann, Medicina pastoralis, proposes this way of baptizing the smallest fetuses enclosed in the ovum: that, the ovum carefully opened, the amniotic fluid be allowed to flow off slowly; and that then with the thumb and finger of each hand, you grasp some fold of the covering and rupture it so that the matter of the ovum flows out.

Sometimes instead of a fetus a mole is brought forth, or a mass of flesh, shapeless and without life, which remains from the fertilized ovum when unequal nutrition of the afterbirth and fetus has effected that the latter is as it were absorbed by the former. "Moreover," says Eschbach (Disp. physiologica theologicae, p. 2, d. 2, art. 2), "it is expedient also to cut apart and inspect moles themselves, since experience testifies that more than once a tiny infant has been found in them."

But it must not be dissembled that fetuses can scarcely be recognized unless they have been conceived for some weeks. Nevertheless, a most opportune admonition is made concerning the obligation of baptizing fetuses, since too frequently rather large fetuses are cast forth who ought to have been baptized and buried in a sacred place.

— 2. On a Monster. Today it is sufficiently certain that a woman cannot conceive from a brute animal, nor properly from a demon, who has power only to introduce human semen. Wherefore whatever living thing, whatever is not plainly certain to be destitute of life, and is brought forth from a woman, is to be baptized at least under condition.

An acardiac monster, which lacks heart and brain, is to be baptized under the condition if you live. It is always brought forth with a well-developed fetus and after this fetus. But Antonelli, t. 2, n. 401, advises that it be given uterine baptism immediately after the developed fetus has been brought forth, because scarcely otherwise is it brought forth except dead.

Concerning the unity of the subject rather than concerning its truth one can doubt. Therefore, if in a monster otherwise of human form, the chests and heads are doubled, baptism is to be conferred absolutely on each head; but if only either heads or chests are doubled, baptism is to be conferred absolutely on one head, conditionally on the other head or chest (d'Annibale, III, 274, note 38). If there are only several arms or legs, there is no reason for baptizing twice. Cf. c. 748.

— III. On the Born Infant. 1. That outside danger of death an infant before use of reason be licitly baptized, it is necessary that, without injury to the parents, grave danger of perversion can probably be removed. For reverence for the sacrament must be cared for; nor are evils to be done so that goods may come. Cf. Billot, De baptismo, who argues first from this, that it is injurious to parents that someone without authority insert himself in the governance and care of those who are constituted under the power of another (De sacramentis, I, Thesis XXIII).

Wherefore: a) provided his Catholic education has been secured, the infant of infidels is licitly baptized "if the parents or guardians, or at least one of them, consent; if the parents, that is, father, mother, grandfather, grandmother, or guardians, are lacking, or have lost right over him, or can exercise it in no way" (c. 750, §2).

b) "Concerning the baptism of infants of two heretics or schismatics, or of two Catholics who have lapsed into apostasy or heresy or schism, generally the same norm is to be observed" (c. 751).

The norm is placed less absolutely, because here not so much the right of parents, who by baptism are subject to the Church, as the difficulty and danger or harm of the business itself, stand in the way of Catholic education.

When the parents themselves offer a son to be baptized, unless they are moved by a superstitious end alone, they already seem virtually to consent to Catholic education. Yet prudence can prevent children who must remain among pagans from being baptized. Therefore the prescriptions of Ordinaries are to be observed by missionaries, or the Ordinaries must be asked by missionaries concerning sufficient cautions to be demanded.

Far more easily will sufficient hope of Catholic education be present if the parent himself offering or consenting to baptism has been Christian. Indeed concerning a child born of a Catholic and an infidel, even after the death of the faithful party, the Holy Office responded on July 6-8, 1898, to 4 (Coll. Pr. Fid., n. 2007): "If a possible hope shines forth that children of this kind can in their own time be instructed in the true religion, then, with cautions given, that is, with Catholic education promised, let them be baptized."

Wherefore baptism is not denied even to the children of socialists or unbelievers who were baptized Catholic.

Missionaries must also beware lest by their manner of acting they seem to foster the superstition of the parents. Yet the father does not sin by superstition who wills that his son be truly baptized so that he may be freed from disease.

2. In danger of death, that is, "when he is in that peril of life such that he is prudently foreseen likely to die before he reaches the use of reason," even when parents are unwilling the infant of infidels is licitly baptized (c. 750, §1). For then the spiritual necessity of the infant must be preferred to the right of parents.

In regions which are rarely visited by missionaries, it can happen that thus, even with parents unwilling, an infant is licitly baptized if, for example, after his thinness and the conditions of the region have been inspected, he is foreseen as probably likely to die before use of reason, and no better occasion of baptism is foreseen as going to be present. Yet it is necessary that the danger be personal to the child: a plague devastating the region does not suffice for all the children of pagans to be baptized.

Yet greater hatreds to be avoided against the Catholic religion, and cruelties against Catholics to be feared, can stand in the way so that, even in danger of death, infants are not baptized when parents are unwilling (Sacred Congregation of Propaganda Fide, April 7, 1727).

— IV. On the Adult Not Dying. 1. An adult here is judged anyone who has attained the use of reason; for he who enjoys reason is his own master for the business of eternal salvation. Cf. c. 745, §2, 2°.

2. In an adult, the will of receiving baptism is necessary for value. But licit reception besides supposes in him: a) faith, whose defect can be supplied by no other disposition. Wherefore an act of faith and knowledge of the truths which, whether from certain or from probable opinion, are to be explicitly believed by necessity of means, must absolutely be procured. For here the safer opinion is to be followed. Regularly also baptism is to be prepared by competent instruction, which comprehends all precepts of divine law, although sometimes instruction concerning certain mysteries, for example concerning the Eucharist, can prudently be postponed until after baptism; b) it supposes besides penance. Therefore the one to be baptized is to be admonished that he be sorry for his sins (c. 752, §1), and helped so that he have at least true attrition.

Nor will attrition itself with the connected purpose be had without sincere conversion, that is, unless he asks baptism with a right end, embraces the positive obligations of the Christian religion, and is moved by such a will as does not expose the sacrament to danger of profanation by apostasy or enormous and scandalous crimes of this kind. Therefore regularly a certain probation in faith and morals will be demanded, which, where there have been special difficulties, for example in time of persecutions, of itself must be greater and longer.

For similar reasons it sometimes happens that reception itself into the Catholic Church is prudently deferred for a minor by birth whom, if converted, grave vexations await, besides some hatred of the Catholic Church.

— V. On the Adult Placed in Danger of Death. 1. The burden of complete instruction is lightened as much as necessity demands. Wherefore, "if he cannot be more diligently instructed in the chief mysteries of faith, it is enough, for conferring baptism, that he in some way show that he assents to the same, and seriously promise that he will observe the commands of the Christian religion" (c. 752, §2). Concerning certain obligations in which good faith covers defect, one will be able prudently to be silent, always guarding against scandal.

2. He who cannot formally ask baptism, "but either previously or in the present state has manifested in some probable way the intention of receiving it, is to be baptized under condition; if then he becomes well and doubt remains concerning the value of the conferred baptism, baptism is again to be conferred under condition" (c. 752, §3).

Therefore a conjecture in some way probable that he is not baptized and that he wishes to be baptized creates the obligation of baptizing such a dying person. But a conjecture of the will of baptism can easily be had concerning him who has heard of the Christian religion. Indeed "a soul contrary to Christianity, by which before he was trying to shake off the goads of grace... can be both a reason for thinking that the dying person placed in danger has changed his mind, and now desires faith and baptism" (Lehmkuhl, II, 78, ed. 9). Wherefore, in our regions, any dying person, destitute of the senses and not yet baptized, can at least be baptized under the condition, "if you are capable."

Moreover, in great cities there are now so many who are not given baptism, even if they are born of baptized persons, that certain baptism can no longer be gathered from conversation among the faithful alone. Therefore it will be better to baptize conditionally, before absolution itself, an unknown dying person who is destitute of the senses.

A few think that in every attrition or will of saving the soul, which itself is not without knowledge of God as punisher of evils and rewarder of goods, a sufficient will of baptism is already contained. Wherefore, with the supreme necessity of baptism attended to, there seems to be no dying person destitute of the senses, whether in a faithful region or in an infidel region, who, with scandal set aside, cannot be baptized under condition. Cf. Cappello, op. c., I, n. 159.

Of itself indeed baptism, if it can, must be conferred upon many at the same time. The law of charity has this. Yet because most grave authors, such as Suarez, De Sacramentis, p. 1, d. 24, s. 1, n. 5, and Lugo, De Sacramentis in genere, d. 9, n. 129, deny that baptism can be conferred on others, the obligation will be only of baptizing those who, from c. 752, §3, have manifested in some probable way the formal intention of receiving baptism.⁽¹⁾

⁽¹⁾ Observe that it will more certainly profit an infidel who is mentally competent to elicit a perfect act of love of God and contrition, unless he expressly admits baptism.

— You will ask which certainly or doubtfully insane or doubtfully adult persons are to be baptized?

1. The insane from infancy, constituted in whatever age, are assimilated to infants (c. 745, §2, 1°). Wherefore they are always validly baptized; and licitly also, if, after the use of reason has been obtained, there will be founded hope of Christian instruction; or insanity is prudently foreseen as perpetual, or necessity of baptism urges.

2. Those who have lucid intervals, while they are of sound mind, are to be baptized if they wish (c. 754, §2).

3. Those who after the use of reason have fallen into insanity which is judged perpetual are to be baptized absolutely or conditionally, if some will of baptism, certainly or doubtfully sufficient, can in some way be conjectured while they enjoyed reason. Because of what was said just now, n. 242, we also do not oppose the conditioned baptism of others. If the insanity is not foreseen as going to be perpetual, lucid intervals are to be awaited, unless danger of death is imminent (c. 754, §3).

4. "He who labors under lethargy or frenzy is to be baptized only when awake and willing; but if danger of death is impending," he is to be baptized if before he has shown some desire of receiving baptism (c. 754, §4). And as far as we are concerned it is lawful to wash the others in that peril conditionally.

5. The baptism of one doubtfully insane is of itself to be deferred until lucid intervals or better developed reason have removed the doubt. But if waiting has been impossible or useless, he will have to be washed under condition, or even absolutely if, according to his measure, he is judged to have instruction and will of baptism. But if use of reason preceded, and then he had no will of baptism, some probable conjecture of present will toward baptism seems to be required.

6. One doubtfully adult is to be treated as one doubtfully insane. Of itself, therefore, his baptism is to be deferred. Yet if he already wishes to be baptized, as opportunity will prudently be given, he is to be separated from pagan parents who would create danger of perversion. Yet graver inconveniences, especially of public order, are to be avoided.

Yet if his Catholic instruction is morally certain, we do not see why the baptism of one doubtfully adult who according to his measure desires to be baptized should have to be deferred. Suppose converted pagan parents wish to be baptized with their whole offspring. Neither to adult offspring who consent, nor to children before the use of reason, will baptism be denied; why should it be denied to those doubtfully adult who ask baptism in the way in which they can?

— VI. On the Doubtfully Baptized. 1. Baptism is to be conferred once; and he sins gravely, by the sin of sacrilege, who confers or receives baptism again. Nevertheless the irregularity by which sacrilegious repetition of baptism, in the recipient and in the public rebaptizer, was formerly punished has been removed by the Code. Cf. Lehmkuhl, II, 1283.

2. But the extreme necessity of baptism permits that baptism be repeated under the condition, "if you are not baptized," if some doubt, yet reasonable, is had concerning the prior baptism.

Often, when the prior conferral, perhaps invalid, is certain, conditioned repetition is to be performed secretly or with witnesses removed, for avoiding scandals or offenses.

Wherefore "exposed and found infants, unless, the matter having been diligently investigated, their baptism is certain, are to be baptized under condition" (c. 749). But a note in which baptism is affirmed by no means furnishes sufficient security.

It is not lawful promiscuously to rebaptize under condition infants baptized by heretics or those converted from heresy, but, according to the account of times and places, an examination concerning the value of baptism is to be instituted; and this rather by weighing individual cases than by using presumptions (Holy Office, November 20, 1878). Nevertheless, if an examination cannot be made, baptism is to be repeated under condition; for because infidelity, or even among non-Catholics of good faith, negligence grows more day by day, baptism conferred by a non-Catholic is, practically, at least regularly to be repeated "unless there is brought forward a witness worthy of all faith who can testify point by point concerning baptism rightly performed." Thus almost Lehmkuhl, II, 27 note, alleging besides the response of the Holy Office, February 4, 1885, to the Visitor of the Copts.

Much less are they to be rebaptized promiscuously who, in necessity, were baptized by a physician, midwife, or pious layman. Yet because the probity or the very skill of a midwife is not always certain, nor rarely is baptism then conferred with the mind disturbed, for example by cares to be given to the endangered mother, there will easily be place for repeating baptism conditionally unless, after interrogation has been made concerning the way in which baptism was conferred, reasonable doubt is removed. But the interrogation is to be made in such a way that the manner in which the baptism was done is described. Wherefore even in certain missions it has been established that those baptized by catechists should regularly be baptized again under condition, unless two witnesses could testify to legitimate conferral. The Sacred Congregation of Propaganda Fide itself, September 8, 1869, extended to all vicariates of the Indies a decree of this kind of the Synod of Pondicherry (Collectio Lacensis, VI, 670, appendix). Nor can we disapprove that something similar be decreed concerning baptisms conferred by a midwife.

— By canon 753, §1, the Code warns that it is fitting that healthy adults to be baptized and he who is about to baptize them be fasting. This prescription of the Ritual seems to be referred to the more ancient obligation, which long remained, of conferring the sacraments before every eating or drinking.

Almost up to the seventeenth century fasting was imposed on those receiving and those ministering baptism. Cf. Martene, De antiquis Ecclesiae usibus, t. 1, p. 10.

Besides, the same canon, §2, demands that, unless grave and urgent causes stand in the way, an adult baptized should immediately assist at the sacrifice of the Mass and receive holy communion. Thus, by the rite itself, it is shown how the sacrament of baptism has an order toward receiving the Eucharist. Cf. St. Thomas, 3 p., q. 65, art. 3, c.

We understand this in such a way that of itself it is indeed fitting that the ceremony of baptism of adults be completed by the sacrifice of the Mass and holy communion; nevertheless urgent excuses are not required unless each is deferred for a long time. For the word immediately in law permits an interval of two or three days. Besides, the fasting itself necessary for communion is not properly prescribed. Therefore the usage will not be disapproved of baptizing adults in the evening who on the following day assist at Mass and are refreshed by the sacred banquet.

— I. The capable and of itself licit subject of baptism is every and only wayfaring man, not yet baptized and, if he has been an adult, consenting.

1. Danger lest the fetus be brought forth dead permits that baptism be attempted in the womb, to be repeated after birth under condition. When a pregnant mother has died, the extracted fetus is to be baptized absolutely or under condition, if he certainly or doubtfully lives. That an infant be baptized, Caesarean section is licit even with grave danger of death; and if the necessity is met sufficiently certainly in this way alone, it is objectively prescribed. Yet admonition is to be made prudently.

2. All abortive fetuses, which are not certain to be dead, are to be baptized at least under condition. In a monster, one can doubt concerning the unity rather than concerning the truth of the subject. Wherefore whatever is brought forth from a woman not certainly dead must be baptized at least under condition.

II. 1. That outside danger of death an infant before use of reason be licitly baptized, it is necessary that, without injury to the parents, grave danger of perversion can probably be removed. Wherefore the infants of infidels are not to be baptized when parents are unwilling; and generally the same norm is to be observed concerning the infants of heretics, schismatics, or apostates.

When he is in that peril of life such that he is prudently foreseen likely to die before use of reason, even with parents unwilling an infant is licitly baptized. And he is to be baptized unless a prevailing common detriment stands in the way.

2. Licit baptism of an adult demands faith and penance. Wherefore the baptism of one not dying is regularly to be prepared by competent instruction and fitting probation in faith and morals. In danger of death, it is enough that the dying person in some way show that he assents to the truths of faith, and seriously promise that he will observe the commands. And concerning certain obligations one will then be able prudently to be silent.

He is to be baptized under condition who cannot formally ask baptism but has in some probable way, before or now, manifested the intention of baptism. Nor does there seem to be any dying person destitute of the senses who, with scandal set aside, cannot be baptized under condition.

3. The insane from infancy are assimilated to infants. And cf. what was said above in the treatise on the Sacraments in general.

One doubtfully adult is to be treated as one doubtfully insane.

III. The extreme necessity of baptism permits that under condition, "if you are not baptized," baptism be repeated, if some doubt, yet reasonable, is had concerning the prior baptism.

Of itself indeed inquiry concerning those baptized in heresy is to be made; but if this cannot be done, baptism is to be repeated under condition.