In 1983 theCatholic Church introduced the possibility of entrusting thepastoral care of one or moreparishes to ateam of priestsin solidum. This provision in the1983 Code of Canon Law, which resembles ancient models of pastoral care in theRomantitular churches with their colleges ofpriests, was introduced to help resolve some of the difficulties facing manydioceses. These difficulties includeshortages of priests, overpopulated urban parishes, depleted and scattered rural parishes, and decline in attendance atMass. This model of pastoral care is viewed as a practical way of promoting pastoral co-responsibility, as well as fostering a greater sense of thepresbyterium among the priests of a diocese.
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 thediocesan bishop 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 priestsin 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 onin solidum pastoral care expressed that it should be considered an "exceptional" provision.[1]
Commentators acknowledge that there is confusion regarding the ecclesiastical office conferred upon the team of priestsin solidum. The law entrusts thecura pastoralis (pastoral care) to each member of the team of priests equally. However, the team of priests is not ajuridical 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 aparish priest.
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, themodus procendi (way of proceeding) for exercising the office is only grasped when the juridical principlein solidum is understood. The legal term originates in theRoman law of Obligations; where entering into anin 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 intoin solidum agreements. Amongst these was the forming ofsocietates (societies) or partnerships which were created by mutual consent and characterised by a binding commitment tofraternitas (fraternity) and established prior to entering intoin solidum agreements. The eminent canonist,Eugenio Corecco has suggested thatin solidum in the context of parochial care, analogously reflects the diverse but still collective responsibility of all the members of the presbyterium of aparticular Church.[2]
When establishing a team of priestsin 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 thefaithful are assisted by their pastors from the spiritual riches of the Church, especially the word of God and theSacraments.[3]
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 offaculties held by all of the team members.[4] The moderator is also entrusted with the juridical representation of the parish or parishes.[5] 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[6] should also be established in particular law.
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 priest'sdecree of appointment. Questions surrounding the obligation of Residence and Community life also need to be clarified,[7] as well consideration of thein solidum obligation to celebrate themissa pro populo.[8]
Finally, the cessation from ecclesiastical office by any one member of the groupin solidum does not render the parochial office vacant.[9]
