Benedict XIV, 1740-1758

1483. 7. Therefore, this having been established, that it is unlawful to baptize Hebrew children against the will of their parents, now, following the order proposed in the beginning, we must take up the second part: namely, whether any occasion could ever occur in which that would be lawful and fitting. . . .

1484. 8. . . . Since this may happen, that a child of Hebrew parentage be found by some Christian to be close to death, he will certainly perform a deed which I think is praiseworthy and pleasing to God, if he furnishes the child with eternal salvation by the purifying water. . . .

1485. 9. If, likewise, it should happen that any Hebrew child had been cast out and abandoned by its parents, it is the common opinion of all and has also been confirmed by many decisions, that the child ought to be baptized, even if the parents protest against this and demand the child back. . . .

1486. After we have explained the most obvious cases in which this rule of ours prohibits the baptizing of Hebrew children against the wishes of their parents, we add some other declarations pertaining to this rule, the first of which is this: If parents are lacking, but the infants have been entrusted to the guardianship of a Hebrew, they can in no way be lawfully baptized without the assent of the guardian, since all the authority of the parents has passed to the guardians. . . . 15. The second is this, if the father should enlist in the Christian militia and order his infant son to be baptized, he should be baptized, even though the Hebrew mother protests, since the child must be considered to be, not under the power of the mother, but under that of the father.¹ . . . 16. The third is this, that although the mother does not have her children under her own right, nevertheless, if she belongs to the Christian faith and offers her child for baptism, although the Hebrew father protests, nevertheless, the child should be cleansed by the water of baptism. . . . 17. The fourth is that, if it is a certainty that the will of parents is necessary for the baptism of children, since under the name of parent a paternal grandfather also is included . . . , then it necessarily follows that, if the paternal grandfather has embraced the Catholic faith and brings his grandchild to the font of saving water, although the Hebrew mother objects, when the father is dead, nevertheless, the child should be baptized without hesitation.² . . .

1487. 18. It is not an imaginary case that sometimes a Hebrew father says that he wants to embrace the Catholic religion and presents himself and his infant sons to be baptized, but afterwards regrets his intention and