Part — Wouters, Manual of Moral Theology
Part I. On the Person Ministering
I. Every priest is the ordinary minister of solemn Baptism in this sense, that by the force of his ordination he is deputed principally, not secondarily as a deacon is, for baptizing, and can always be delegated by the proper pastor of the person to be baptized to baptize, and that solemnly (cf. canon 738, § 1).
II. A deacon is the extraordinary minister of Baptism in this sense, that by the force of his ordination he is deputed secondarily for baptizing, and can be delegated by the Ordinary or by the proper pastor of the person to be baptized, for a just cause, to baptize, and that solemnly. Hence he is not to use his power without the delegation or permission of the local Ordinary or of the pastor, to be granted for a just cause, which, where necessity urges, is legitimately presumed (cf. canon 741; St. Alphonsus, VI, 116, doubt 1). It was said:
A deacon is deputed secondarily, because he is ordained rather to assist a minister of a higher order, and secondarily to supply his place.
For a just cause to be granted: for example, if the pastor is absent or ill or subject to excommunication or occupied in hearing confessions; perhaps also if the parents desire it, for example because of consanguinity, etc.
Where necessity urges, granted permission is not required, but presumed permission suffices. Now necessity urges if the person to be baptized is in the article or danger of death; likewise if it is foreseen that the priest will be absent for a long time, and no other can be approached.1
1 Cf. Sacred Congregation de Propaganda Fide, 21 January 1788; 16 January 1804; 11 September 1841 (Collectanea, nn. 593, 674, 939).
III. With respect to the right of baptizing solemnly, hold the following:
The Ordinary of the place and the pastor enjoy the right of baptizing solemnly their own subjects, or rather the inhabitants of their territory; this does not belong to another priest except by permission of the same pastor or of the local Ordinary, which in a case of necessity is legitimately presumed (canon 730, § 1). He who performs this without due permission sins gravely (St. Alphonsus, VI, 115); likewise parents violate the right of the pastor when, without necessity or permission, they bring their child to another priest to be baptized.
Even a traveler is to be baptized solemnly by his own pastor in his own parish, if this can be done easily and without delay; otherwise any pastor can solemnly baptize a traveler in his own territory (canon 730, § 2).
Where parishes or quasi-parishes have not yet been established, account must be taken of special statutes and received customs, so that it may be established to which priest, besides the Ordinary, the right of baptizing belongs in the whole territory or in part of it (canon 740).
Note. The Baptism of adults, where it can conveniently be done, is to be referred to the local Ordinary, so that, if he wishes, it may be conferred more solemnly by him or by his delegate (canon 744).
IV. With respect to the territory in which solemn Baptism may be conferred, canon 739 establishes: In another's territory no one may, without due permission, confer solemn Baptism, not even on inhabitants of his own place.
Corollary I. If a woman gives birth outside her own parish, she ought to see that the child is baptized in her own parish, if this can be done easily and without delay; otherwise she can choose either her own parish or that in which she gave birth to the child, or even another (canon 738, § 2; St. Alphonsus, VI, 115).
Corollary II. Those without fixed domicile can choose whichever church they prefer (cf. canon 94, § 2).
V. Every human being is the minister of Baptism in this sense, that he can baptize validly; in a case of necessity also licitly, though not solemnly (canon 742, § 1). If, when a case occurs, several are present, the prescribed order, to be assigned under 2 below, is to be observed. I said:
- In a case of necessity; wherefore note:
a) Extreme necessity is not required, but a well-founded danger suffices, lest an infant soon to die should die. The Holy Office, to the question "whether a midwife, when she foresees that Baptism will have to be deferred for a long time, can immediately wash a newborn, although he is found in good health, even without the knowledge of one or both spouses, the pastor nevertheless having been warned of this," responded on 11 January 1899: "It must be urged that Baptism be administered as soon as possible; but then it will be permissible for the midwife to confer it when danger is positively feared that the child will die during the time of the delay."
b) To danger of death is equivalent a necessity which can arise especially in mission places from the lack of any priest whatever or from difficulty in approaching him; namely, the Sacred Congregation de Propaganda Fide several times approved the practice prevailing in several places by which catechists or other approved laypersons baptize the infants of Christians quickly, for example not beyond eight days from birth, even when they are in good health.1
The order to be observed among several ministers of necessity is set forth in these words by canon 742, §§ 2 and 3: If nevertheless a priest is present, he is to be preferred to a deacon, a deacon to a subdeacon, a cleric to a layperson, 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 manner of baptizing. A father or mother is not permitted to baptize his or her own child, except in danger of death, when no other is present who can baptize. Thus also the Roman Ritual.2 Now the prescribed order must be understood so that: 1. any of the faithful, even a woman, existing in union with the Church, must be preferred to any unbeliever, heretic, schismatic, or excommunicate to be avoided, even if he is a priest; 2. a woman is to be preferred to the father, but not to the mother.
An inversion of the order is per se illicit because of the precept of the Code and the Roman Ritual; but it is a grave sin only then: 1. when a non-priest is preferred to a priest existing in union with the Church; 2. when a non-Catholic or a person to be avoided is preferred to a Catholic. There is indeed doubt when a layperson is preferred to a deacon, since from the text of the law he is a minister by office (canon 741); but because he is only a secondary minister, it does not seem sufficiently established that there is grave sin. Besides, a just cause always seems to excuse from every sin; hence canon 742, § 2: "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 manner of baptizing" (St. Alphonsus, VI, 117).
Corollary. Let the pastor see to it that the faithful, especially midwives, physicians, and surgeons, thoroughly learn the correct manner of baptizing for a case of necessity (canon 743).3 If Baptism was administered neither by the proper pastor nor in his presence, the minister should as soon as possible inform the proper pastor of the baptized person by reason of domicile concerning the Baptism conferred (canon 778). In private Baptism, so far as it can be done, two witnesses, or at least one, are to be used, by whom the conferral of Baptism can be proved (canon 742, § 1).
1 21 January 1788 (Collectanea, n. 533); 16 January 1804 (Collectanea, n. 674); 11 September 1841 (Collectanea, n. 939).
2 Roman Ritual, title 2, chapter 1, n. 16.
3 Roman Ritual, title 2, chapter 1, n. 13.