CURA ANIMARUM. - I. CANON LAW. - In a broad sense, care of souls expresses the whole body of rights and duties that belong ex officio to the various holders of ecclesiastical offices, since all sacred offices exist, and are called sacred, only insofar as they are directed toward and serve the supreme purpose 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 care of souls that belongs ex officio to the supreme pontiff for the whole Church and, subordinate to him, to the bishop for his diocese (full or episcopal care of souls), and to the parish priest for his parish (partial or parochial care of souls).
In common canonistic language, however, care of souls takes on an even narrower and more specific meaning, in that it commonly refers to the care specifically proper to the parish priest with regard to his parishioners (cf. CIC, cann. 402, 451 § 1, 471 §§ 1-2, 892 § 1, 1411 n. 5, 1923 § 2, etc.; and v. PARISH; PARISH PRIEST, also for the historical information).
Habitual (parochial) care of souls is that which belongs to the person or entity (Chapter, religious house, etc.) that cannot exercise it itself, but must exercise it through a physical person, who in today's terminology is called a curate vicar (v. VICAR); actual care, on the other hand, 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 the habitual care (cf. CIC, cann. 452 § 2; 471 § 1).
Care of souls can moreover be of divine right or of ecclesiastical right, according as 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 every human intermediary. Care of souls is said, finally, to be ordinary if it is annexed by right (ipso iure) to the office; delegated, if it is entrusted to the person by the one who is its ordinary subject. In turn, the ordinary care is said to be proper, if exercised in his own name by the direct holder; vicarial, if exercised in the name of the latter by a vicar.
The holder, by divine right, of ordinary, immediate and universal episcopal care of souls, for the whole Church and for individual faithful, is only the supreme pontiff, inasmuch as to him, by virtue of the supreme primacy conferred on him by Jesus Christ, belongs the full power of jurisdiction in universum Ecclesiam, a power "vere episcopalis, ordinaria et immediata tum in omnes et singulas ecclesias, tum in omnes et singulos pastores et fideles" (can. 218).
Subordinate to the Roman pontiff and limited to the faithful of their own circumscription, the residential bishops (v.) are also holders, by divine right, of episcopal, ordinary and immediate care of souls, inasmuch as they are "ordinarii et immediati pastores in dioecesibus sibi commissis" (cann. 334 § 1; 108 § 3). Episcopal care of souls also belongs, though not by divine right, to those who hold one of the so-called quasi-episcopal offices, such as the vicars and apostolic prefects.
To the parish priest, and to those who are by law equated with the parish priest (can. 451 §§ 2-3), there also belongs, with regard to their own faithful and subordinate to the bishop, ordinary care of souls, but only of the internal forum, and therefore partial, that is, not episcopal (can. 873 § 1; v. PARISH PRIEST).
Military chaplains, palatine and gentilitial chaplains, and autonomous curates and vicars are also holders of parochial care of souls within the limits and with the competences provided in the special law that concerns them (can. 451 § 3; v. CHAPLAIN; PALATINE CHURCHES AND CHAPELS; VICAR).
The passive subject of care of souls is all the faithful of the individual territorial circumscription who are not legitimately exempt (can. 464 § 1).
A plurality of titles of care in a single holder is held to be incompatible, just as the uniqueness of the holder of actual care in the individual cared-for circumscription is prescribed (cann. 460, 156).
II. ITALIAN LAW
In Italian legislation the c. d'a. [care of souls] acquires particular importance, being considered an activity of public interest. First of all, appropriate measures are laid down for the suitable maintenance of the clergy entrusted with the care of souls (v. CONCRITA). Furthermore, in deference to the particular requirements of the office, whose continuity is to be maintained even if general mobilization were ordered, priests engaged in the c. d'a. are exempted from reporting when called to arms. "Such are considered to be the Ordinaries, parish priests, assistant parish priests or coadjutors, vicars and priests permanently placed in charge of rectories of churches open to the public" (Concordat, art. 3; circular of the Ministry of War, 18 July 1929, art. 13). It is interesting to note how, for the aforementioned purposes, the concept of c. d'a. is extended also to the permanent rectors of churches open to the public.
Moreover, the c. d'a. is ensured for the benefit of the armed forces by means of an adequate number of military chaplains, under the authority of their own Ordinary (v. CAPPELLANO).
Furthermore, particular provisions of supervision and of incompatibility of office are laid down for those invested with the c. d'a., in view of the particular requirements of their duties. Thus the appointments of those invested with parochial benefices or, generally, with benefices entailing the c. d'a., are subject to prior notification to the prefect, within the terms agreed in art. 21 of the Lateran Concordat (v. PROVISTA CANONICA). Thus "the practice of the professions of advocate and procurator is incompatible with the status of minister of any worship having jurisdiction or the c. d'a." (R. D. L. 27 Nov. 1933, no. 1578, art. 3). Likewise all ecclesiastics having jurisdiction or the c. d'a., and those who ordinarily act in their stead, are excluded from the office of municipal councillors (Decreto legislativo luogotenenziale 7 Jan. 1946, no. 1, art. 14, no. 1).
Bibliography3 works
Zaccaria da San Mauro