Team of priests in solidum
Encyclopedia
In 1983 the Catholic Church introduced the possibility of entrusting the pastoral care
, of one or more parishes
to a team of priests
in solidum. This provision in the 1983 Code of Canon Law
, which resembles ancient models of pastoral care in the Roman
tituli churches with their colleges of priests, was introduced to help resolve some of the difficulties facing many diocese
s. These include: shortages of priests; overpopulated urban parishes; depleted and scattered rural parishes; decline in attendance at Mass
. This model of pastoral care is viewed as a practical way of promoting pastoral co-responsibility, as well as fostering a greater sense of the presbyterium
among the priests of a diocese.
in organising the structures for pastoral care within his diocese: "When circumstances require it, the pastoral care of a parish or of different parishes together can be entrusted to several priests in solidum, with the requirement, however, that in exercising pastoral care one of them must be the moderator, namely, the one who is to direct the joint action and to answer for it to the bishop." However, the Codifying Commission responsible for drafting the canons on in solidum pastoral care expressed that it should be considered an «exceptional» provision.
.
It is generally agreed that a single parochial office for the pastoral care of the entrusted parish or parishes is conferred upon all priests in the team. However, the modus procendi (way of proceeding) for exercising the office is only grasped when the juridical principle in solidum is understood. The legal term originates in the Roman law of Obligations
; where entering into an in solidum agreement involved a high degree of risk. For if one creditor had received all that was due, or one debtor had paid all, there was no subsequent right of contribution by the others.
Diverse juridical methods were developed as a means of avoiding personal loss from entering into in solidum agreements. Amongst these was the forming of societates (societies) or partnerships which were created by mutual consent and characterised by a binding commitment to fraternitas (fraternity) and established prior to entering into in solidum agreements. The eminent canonist, Eugenio Corecco has suggested that in solidum in the context of parochial care, analogously reflects the diverse but still collective responsibility of all the members of the presbyterium of a particular Church
.
are assisted by their pastors from the spiritual riches of the Church, especially the word of God and the Sacraments.
The principal role of the moderator is «directing» the team’s common action, holding responsibility for that common action before the diocesan bishop, and directing the exercise of faculties
held by all of the team members. The moderator is also entrusted with the juridical representation of the parish or parishes. However, this does not automatically entitle him the administrator of parochial goods, and hence the necessity of a provision of particular law. His relationship to the parochial pastoral and finance councils should also be established in particular law.
Clearly, the moderator’s service enables the team of priests to become not just a construct for providing pastoral care but also a juridical institute which gives voice to the presbyterium by promoting unity, cooperation, and fraternity in ministry.
of appointment. Questions surrounding the obligation of Residence and Community life also need to be clarified, as well consideration of the in solidum obligation to celebrate the missa pro populo
.
Finally, the cessation from ecclesiastical office by any one member of the group in solidum does not render the parochial office vacant.
Pastoral care
Pastoral care is the ministry of care and counseling provided by pastors, chaplains and other religious leaders to members of their church or congregation, or to persons of all faiths and none within institutional settings. This can range anywhere from home visitation to formal counseling provided...
, of one or more parishes
Parish (Catholic Church)
In the Roman Catholic Church, a parish is the lowest ecclesiastical geographical subdivision: from ecclesiastical province to diocese to deanery to parish.-Requirements:A parish needs two things under common law to become a parish...
to a team of priests
Priesthood (Catholic Church)
The ministerial orders of the Catholic Church include the orders of bishops, deacons and presbyters, which in Latin is sacerdos. The ordained priesthood and common priesthood are different in function and essence....
in solidum. This provision in the 1983 Code of Canon Law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
, which resembles ancient models of pastoral care in the Roman
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
tituli churches with their colleges of priests, was introduced to help resolve some of the difficulties facing many diocese
Diocese
A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance...
s. These include: shortages of priests; overpopulated urban parishes; depleted and scattered rural parishes; decline in attendance at Mass
Mass (liturgy)
"Mass" is one of the names by which the sacrament of the Eucharist is called in the Roman Catholic Church: others are "Eucharist", the "Lord's Supper", the "Breaking of Bread", the "Eucharistic assembly ", the "memorial of the Lord's Passion and Resurrection", the "Holy Sacrifice", the "Holy and...
. This model of pastoral care is viewed as a practical way of promoting pastoral co-responsibility, as well as fostering a greater sense of the presbyterium
Presbyterium
Presbyterium is a modern term used in the Catholic Church and Eastern Catholic Churches after the Second Vatican Council in reference to a college of priests, in active ministry, of an individual particular church such as a diocese or eparchy...
among the priests of a diocese.
Establishing a Team of Priests In Solidum
Canon 517 § 1 of the 1983 Code of Canon Law, provides a generic norm for constituting a team of priests to look after one or more parishes; ubi adiuncta id requirant (when circumstances require it), which concedes flexibility to the diocesan bishopDiocesan bishop
A diocesan bishop — in general — is a bishop in charge of a diocese. These are to be distinguished from suffragan bishops, assistant bishops, coadjutor bishops, auxiliary bishops, metropolitans, and primates....
in organising the structures for pastoral care within his diocese: "When circumstances require it, the pastoral care of a parish or of different parishes together can be entrusted to several priests in solidum, with the requirement, however, that in exercising pastoral care one of them must be the moderator, namely, the one who is to direct the joint action and to answer for it to the bishop." However, the Codifying Commission responsible for drafting the canons on in solidum pastoral care expressed that it should be considered an «exceptional» provision.
The Ecclesiastical Office Conferred upon the Team of Priests
Commentators acknowledge that there is confusion regarding the ecclesiastical office conferred upon the team of priests in solidum. The law entrusts the cura pastoralis (pastoral care) to each member of the team of priests equally. However, the team of priests is not a juridical person. The team is made up of single priests who assume pastoral care simultaneously or conjointly, and are obligated to the majority of duties proper to a parish priestParish (Catholic Church)
In the Roman Catholic Church, a parish is the lowest ecclesiastical geographical subdivision: from ecclesiastical province to diocese to deanery to parish.-Requirements:A parish needs two things under common law to become a parish...
.
It is generally agreed that a single parochial office for the pastoral care of the entrusted parish or parishes is conferred upon all priests in the team. However, the modus procendi (way of proceeding) for exercising the office is only grasped when the juridical principle in solidum is understood. The legal term originates in the Roman law of Obligations
Law of obligations
The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...
; where entering into an in solidum agreement involved a high degree of risk. For if one creditor had received all that was due, or one debtor had paid all, there was no subsequent right of contribution by the others.
Diverse juridical methods were developed as a means of avoiding personal loss from entering into in solidum agreements. Amongst these was the forming of societates (societies) or partnerships which were created by mutual consent and characterised by a binding commitment to fraternitas (fraternity) and established prior to entering into in solidum agreements. The eminent canonist, Eugenio Corecco has suggested that in solidum in the context of parochial care, analogously reflects the diverse but still collective responsibility of all the members of the presbyterium of a particular Church
Particular Church
In Catholic canon law, a Particular Church is an ecclesial community headed by a bishop or someone recognised as the equivalent of a bishop.There are two kinds of particular Churches:# Local particular Churches ...
.
The Rights and Duties of the Moderator
When establishing a team of priests in solidum, the diocesan bishop must outline the rights and specific duties of the moderator. The focal point of the moderator’s authority within the team of priests is to guarantee that the faithfulFaithful (baptized Catholic)
Faithful is a Roman Catholic term referring to those who:The term comes from the Latin word fideles, from fides, faith....
are assisted by their pastors from the spiritual riches of the Church, especially the word of God and the Sacraments.
The principal role of the moderator is «directing» the team’s common action, holding responsibility for that common action before the diocesan bishop, and directing the exercise of faculties
Faculty (instrument)
A faculty is a legal instrument or warrant in canon law, especially a judicial or quasi-judicial warrant from an ecclesiastical court or tribunal.In the Roman Catholic Church, it is "the authority, privilege, or permission, to perform an act or function...
held by all of the team members. The moderator is also entrusted with the juridical representation of the parish or parishes. However, this does not automatically entitle him the administrator of parochial goods, and hence the necessity of a provision of particular law. His relationship to the parochial pastoral and finance councils should also be established in particular law.
Clearly, the moderator’s service enables the team of priests to become not just a construct for providing pastoral care but also a juridical institute which gives voice to the presbyterium by promoting unity, cooperation, and fraternity in ministry.
The Rights and Duties of the Priests
The diocesan bishop needs to determine what particular qualities are required for this parochial office. It is strongly recommended that the bishop establish with the team, a division of pastoral tasks in a common plan, which should be outlined in each priests’ decreeDecree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
of appointment. Questions surrounding the obligation of Residence and Community life also need to be clarified, as well consideration of the in solidum obligation to celebrate the missa pro populo
Missa Pro Populo
Missa Pro Populo is a term used in liturgical texts and rules of the church. It refers to the requirement of all ordained Pastors to say Mass for the people of their Parish. This is as opposed to a mass said for a particular person, for the benefit of the Celebrant alone, or for the benefit of the...
.
Finally, the cessation from ecclesiastical office by any one member of the group in solidum does not render the parochial office vacant.
Literature
- Calvo, J., Parishes, Parish Priests and Assistant Priests, Commentary on can. 517, § 1, in Code of Canon Law Annotated, Caparros, E., Theriault, M., Thorn, J., (eds.), Montréal, 1993, pp. 427–469.
- Read, G., Parishes, Parish Priests and Assistant Priests, Commentary on cann. 515-552, in The Canon Law, Letter & Spirit: A Practical Guide to the Code of Canon Law, Sheehy, G. (eds.), London, 1995, pp. 285–305.
- Renken, John A., Parishes, Pastors and Parochial Vicars in New Commentary of the Code of Canon Law, John P. Beal, James A. Coriden, Thomas Joseph Green, (eds.), New York - Mahwah, 2000, pp. 673-724.
- Rozzo, Karl J., Parochial Care In Solidum - The New Legislation of Canon 517, § 1: Its Dynamic, Purpose and Question that Arise, Dissertatio ad Lauream in Facultate Iuris Canonici apud Pontificiam Universitatem S. Thomæ in Urbe, Romæ, 2006.