CURA D'ANIME. -
I. CANON LAW
In the broad sense, c. d'a. expresses the totality of the rights and duties that belong ex officio to the various holders of ecclesiastical offices, since all sacred offices exist and are called sacred precisely insofar as they are directed toward and serve the supreme end of the Church, the salus animarum.In the strict sense, it comprises the exercise of those rights and duties (proper to particular categories of clerics) that bear a direct and immediate relation to the spiritual welfare of souls, such as preaching the word of God, catechetical instruction, the administration of the Sacraments, and the absolution of sins in the sacramental forum. Such is the c. d'a. that belongs ex officio to the supreme pontiff for the whole Church and, subordinately to him, to the bishop for his diocese (full or episcopal c. d'a.), and to the parish priest for his parish (partial or parochial c. d'a.).
In common canonical usage, however, c. d'a. assumes an even narrower and more specific meaning, since 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. PARROCCHIA; PARROCO, also for historical information).
The habitual (parochial) c. d'a. is that which belongs to the person or entity (Chapter, religious house, etc.) that cannot exercise it by itself, but must exercise it through a physical person, who in current terminology is called a curate vicar (v. VACARIO); actual c. d'a., on the other hand, is that which belongs to one who exercises it personally, either in his own name (parish priest) or in the name of the person who has habitual care (cf. CIC, cann. 452 § 2; 471 § 1).
C. d'a. may furthermore be of divine right or of ecclesiastical right, according as the sacred office in which it is determined is of divine or purely ecclesiastical institution. That of divine right is also called immediate, since the sacred office with which it is identified, being directly instituted by God, excludes every human intermediary. Finally, c. d'a. is called ordinary if it is annexed by law (ipso iure) to the office; delegated, if it is entrusted to a person by the person who is its ordinary subject. Ordinary c. d'a., in turn, is called proper if exercised in his own name by the direct holder; vicarious, if exercised on behalf of the latter by a vicar.
The sole holder, by divine right, of ordinary, immediate, and universal episcopal c. d'a. for the whole Church and for the individual faithful is the supreme pontiff, since to him, by virtue of the supreme primacy conferred upon him by Jesus Christ, belongs full power of jurisdiction in universum Ecclesiam, power «vere episcopalis, ordinaria et immediata tum in omnes et singulas ecclesias, tum in omnes et singulos pastores et fideles» (can. 218).
Subordinately to the Roman pontiff and limited to the faithful of their own jurisdiction, residential bishops (v.) are likewise, by divine right, holders of ordinary and immediate episcopal c. d'a., insofar as they are «ordinarii et immediati pastores in dioecesibus sibi commissis» (cann. 334 § 1; 108 § 3). Episcopal c. d'a. also belongs, though not by divine right, to those who hold one of the so-called quasi-episcopal offices, such as apostolic vicars and prefects.
The parish priest, and all those who are legally equated with the parish priest (can. 451 §§ 2-3), also possess, with regard to their own faithful and subordinately to the bishop, ordinary c. d'a., but only in the internal forum, and therefore partial, that is, non-episcopal (can. 873 § 1; V. PARROCO).
Military chaplains, palatine and gentilitial chaplains, curates, and autonomous vicars are likewise holders of parochial c. d'a. within the limits and with the powers provided for in the special law governing them (can. 451 § 3; V. CAPPELLANO; PALATINE CHIESE E CAPPELLE; VICARIO).
The passive subject of c. d'a. is all the faithful of the individual territorial jurisdiction who are not legitimately exempt (can. 464 § 1).
The plurality of titles of care in a single holder is considered incompatible, just as the unity of the holder of actual care in the individual jurisdiction entrusted to pastoral care is prescribed (cann. 460, 156).
II. ITALIAN LAW
In Italian legislation, the care of souls acquires particular importance, being regarded as an activity of public interest. Appropriate measures are first of all provided for the adequate maintenance of parish clergy (v. CONCRITA). Moreover, in deference to the particular requirements of the office, whose continuity is to be maintained even if general mobilization should be ordered, priests engaged in the care of souls are exempted from reporting for military service upon call-up. “The Ordinaries, parish priests, vice-parish priests or coadjutors, vicars, and priests permanently placed in charge of rectories of churches open to the public are considered as such” (Concordat, art. 3; circular of the Ministry of War, 18 July 1929, art. 13). It is interesting to note that, for the purposes in question, the concept of the care of souls is extended also to the permanent rectors of churches open to the public.Furthermore, the care of souls for the benefit of the armed forces is ensured by an adequate number of military chaplains, under the authority of their own Ordinary (v. CAPPELLANO).
Special provisions for oversight and incompatibility of office are also laid down for those entrusted with the care of souls, in view of the particular requirements of their duties. Thus, the appointments of those invested with parish benefices or, in general, with benefices involving the care of souls, are subject to prior notification to the prefect, in accordance with the terms agreed upon in art. 21 of the Lateran Concordat (v. PROVVISTA CANONICA). Thus, “the practice of the professions of advocate and procurator is incompatible with the status of a minister of any worship possessing jurisdiction or the care of souls” (R. D. L. 27 Nov. 1933, no. 1578, art. 3). Likewise, all ecclesiastics possessing jurisdiction or the care of souls, and those who ordinarily act in their place, are excluded from the office of municipal councillor (Decreto legislativo luogotenenziale 7 Jan. 1946, no. 1, art. 14, no. 1).