CARE OF SOULS. - I. CANON LAW.
In a broad sense, "cura d'anime" (care of souls) expresses the totality of rights and duties that belong *ex officio* to the various holders of ecclesiastical offices, since all sacred offices exist and are called sacred insofar as they are directed toward and serve the supreme end of the Church, the *salus animarum*.
In a strict sense, it comprises the exercise of those rights and duties (proper to certain categories of clerics) that are in direct and immediate reference to the spiritual good of souls, such as the preaching of the word of God, catechetical instruction, the administration of the sacraments, and the absolution of sins in the sacramental forum. Such is the *cura d'anime* that belongs *ex officio* to the Supreme Pontiff for the entire Church and, subordinately to him, to the bishop for his diocese (*cura d'anime* plena or episcopal), and to the parish priest for his parish (*cura d'anime* partial or parochial).
In common canonical language, however, *cura d'anime* assumes an even more restricted and specific meaning, inasmuch as it commonly refers to the specifically proper care of the parish priest toward his parishioners (cf. CIC, cann. 402, 451 § 1, 471 § 1-2, 892 § 1, 1411 n. 5, 1923 § 2, etc.; V. PARISH; PARISH PRIEST, also for historical information).
Habitual *cura d'anime* (parochial) is that which belongs to a person or entity (Chapter, religious house, etc.) that cannot exercise it personally but must do so through a physical person, who in modern terminology is called a vicar curate (v. VICAR); actual *cura d'anime* is that which belongs to one who exercises it personally or in his own name (parish priest) or in the name of the one who has habitual care (cf. CIC, cann. 452 § 2; 471 § 1).
*Cura d'anime* may further be of divine right or of ecclesiastical right, depending on whether the sacred office in which it is determined is of divine institution or purely ecclesiastical. That of divine right is also called immediate, inasmuch as the sacred office with which it is identified, being of direct divine institution, excludes any human intermediation. Finally, *cura d'anime* is said to be ordinary if it is annexed by law (*ipso iure*) to the office; delegated, if it is entrusted to the person by the one who is the ordinary subject of II. In turn, ordinary *cura d'anime* is called proper if exercised in the name of the direct holder; vicarious, if exercised in his name by a vicar.
Holder, by divine right, of the ordinary, immediate, and universal episcopal *cura d'anime* for the entire Church and for individual faithful is only the Supreme Pontiff, insofar as to him, by virtue of the supreme primacy conferred by Jesus Christ, belongs the full power of jurisdiction "in universam Ecclesiam," a power "truly episcopal, ordinary and immediate, both over all and singular churches, and over all and singular pastors and faithful" (cann. 218).
Subordinately to the Roman Pontiff and limited to the faithful of his own jurisdiction, bishops (v.) who reside in their sees are also holders, by divine right, of ordinary and immediate episcopal *cura d'anime*, insofar as they are "ordinary and immediate pastors in the dioceses entrusted to them" (cann. 334 § 1; 108 § 3). Episcopale *cura d'anime* also belongs, though not by divine right, to those who hold so-called quasi-episcopal offices, such as vicars and apostolic prefects.
To the parish priest, and to those who are by law equated with the parish priest (cann. 451 § 2-3), belongs, with respect to their own faithful and subordinately to the bishop, ordinary *cura d'anime*, but only of the internal forum, hence partial and not episcopal (cann. 873 § 1; V. PARISH PRIEST).
Military chaplains, palatine and gentile chaplains, autonomous curates and vicars are also holders of parochial *cura d'anime* within the limits and with the competencies provided in the special law governing them (cann. 451 § 3; V. CHAPLAIN; PALATINE CHURCHES AND CHAPELS; VICAR).
The passive subject of *cura d'anime* is all the faithful of the single territorial jurisdiction, who are not legitimately exempt (cann. 464 § 1).
The plurality of titles of care in a single holder is considered incompatible, just as the uniqueness of the holder of actual care in the single jurisdiction is prescribed (cann. 460, 156).
II. ITALIAN LAW.
In Italian legislation, *cura d'anime* acquires particular importance, regarded as an activity of public interest. First, suitable measures are provided for the adequate maintenance of the pastoral clergy (v. CONGRUA). Then, in deference to the particular exigencies of the office, whose continuity is to be maintained even in the event of general mobilization, priests in *cura d'anime* are exempt from military service. "Those considered as such are Ordinaries, parish priests, vice-parish priests or coadjutors, vicars, and priests permanently appointed as rectors of churches open to the public" (Concordat, art. 3; circular of the Ministry of War, July 18, 1929, art. 13). It is noteworthy that, for these purposes, the concept of *cura d'anime* is extended to include permanently appointed rectors of churches open to the public.
Moreover, *cura d'anime* is assured for the benefit of the armed forces by an adequate number of military chaplains, under the jurisdiction of their own Ordinary (v. CHAPLAIN).
Special provisions for control and incompatibility of office are also envisaged for those invested with *cura d'anime*, in view of the particular exigencies of their duties. Thus, the appointment of those invested with parochial benefices or, in general, with benefices having *cura d'anime*, is subject to prior notification to the prefect, within the terms agreed in art. 21 of the Lateran Concordat (v. CANONICAL PROVISION). Thus, "the exercise of the professions of lawyer and procurator is incompatible with the status of minister of any cult having jurisdiction or *cura d'anime*" (Royal Decree-Law Nov. 27, 1933, no. 1578, art. 3). Likewise, all ecclesiastics having jurisdiction or *cura d'anime*, and those who ordinarily act in their stead, are excluded from the office of municipal councillor (Legislative Decree of the Lieutenant of the Realm Jan. 7, 1946, no. 1, art. 14, n. 1).