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CROSS. The distinctive and characteristic emblem of Christianity. In the middle ages it was the object of superstitious worship (n), and hence the objection to it on the part of many reformed churches, but now in the Church of England it is held to be a perfectly legal "decoration” (o) of a church. It must not, however, be attached to the communion table or placed upon a ledge immediately over the table, so as to appear to form one structure with it, and it makes no difference whether it is fixed or moveable (n). It may, however, be placed on the sill of the eastern window, five feet above the communion table, or it may surmount a chancel screen (p). Of course in no case may it be an object of superstitious reverence, or carried in processions, or otherwise used ceremonially. The sign of the cross must be made in the public Baptismal Service, but otherwise it is illegal to make it ceremonially as part of divine service (q). Making the sign of the cross is held by the Church of England to be one of those indifferent matters which "may not be omitted at every man's pleasure contrary to the law when they be commanded, nor used when they be prohibited ” (”).

CRUCIFIX (Lat. crucifixus, fixed on a cross). An image of our Lord on the cross. Being an image, it differs widely from a cross, as there is a greater peril of idolatry. It is illegal to set one up in a position corresponding to that occupied by the rood in pre-Reformation times, i. e., surmounting the chancel screen. The rood was set up for the particular purpose of adoration, and there is a reasonable apprehension that a crucifix would now be used in a similar way (s). The rules applicable to images (q. v.) apply to crucifixes.

CURATE. Formerly a curate was simply a clerk with cure

(n) Liddell v. Westerton (1857), 5 W. R. 472; Durst v. Masters (1876), 1 P. D. 373.


(p) Bradford v. Fry (1878), 4 P. D. 106.

(a) See Read v. Lincoln, L. R. (1891) P. 88.

(r) Can. 30.

(s) Ridsdale v. Clifton (1877), 2 P. D. 350, and sqq.

of souls (Fr. curé), and in this sense it is used in the Prayer Book; but now the term is applied only to the assistant of such a clerk. It is doubtful whether there was any functionary in our Church before the Reformation corresponding precisely to the stipendiary curate of the present day, but that such a class of persons existed at the beginning of the 17th century is plain from the canons of 1603 (t). They seem to have arisen in order to supply the place of nonresident incumbents.

A curacy is considered not to be an ecclesiastical promotion or dignity within s. 14 of the Act of Uniformity. Therefore a deacon may hold the office. A deacon, however, cannot properly hold a sole charge of any kind, as he is unable to administer the Lord's Supper.

Curates must be licensed by the archbishop or bishop, and such licence may be revoked (t). Before the licence is granted, the following declaration, known as "the Stipendiary Curates' Declaration," must be made :

"I, A. B., incumbent of undertake to pay to C. D.,

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of the annual pounds as a stipend for his services as curate; and I, C. D., bona fide intend to receive the whole of the said stipend.

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"And each of us, the said A. B. and C. D., declares that no abatement is to be made out of the said stipend in respect of rent or consideration for the use of the glebe house, and that I, A. B., undertake to pay the same, and I, C. D., intend to receive the same, without any deduction or abatement whatsoever."

This declaration must be signed by both curate and incumbent (u).

There is no stamp duty on the licence when the annual amount of the stipend is specified therein (x). The curate must also, on entering his curacy, make the "declaration of assent" (y), unless he has been ordained the same day, when he would already

(t) 1 & 2 Vict. c. 106; Poole v. Bishop of London (1861), 14 Moo. P. C. 281; Cans. 47 and 48. And see post, "Dismissal."

(u) 28 & 29 Vict. c. 122, ss. 3 and 6.
(x) 54 & 55 Vict. c. 39.
(y) See OATH.

have done so, and must repeat it in the presence of the congregation on the first Lord's Day on which he officiates (s. 8). This is called "reading in" (q. v.).

The payment of curates in an ordinary case is a matter of arrangement between the incumbent and curate. The incumbent appointing his own curate or curates, and paying them the agreed stipend.

In the case of non-resident incumbents who neglect to appoint curates (≈), or of negligent incumbents or of inefficient incumbents so found by a commission (a), the bishop may, subject to the approval of the archbishop, appoint curates at the following annual stipends (b) :—


Under 300

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300 to 499

500 to 749

750 to 999

- 1,000 and upwards..


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or may (in the case of non-residents) award them the whole. annual value of the benefice, if less than such stipend (c); and in any such case, the curate must pay the outgoings and be liable to all diminution of value except by wilful neglect of the incumbent (d). In cases of incompetent incumbents, the bishop may assign to the curate an extra stipend of 707. above the non-resident rates; provided that no more than 1507. shall be paid unless the net income of the benefice exceeds 3007. a year (e). The bishop may assign to the curate or curates serving a benefice during a vacancy a stipend at the rate of 2007. a year each, provided such stipend or stipends shall not exceed the net annual income of the benefice (ƒ). But this is not to prejudice any proper deductions from or charges on the profits of the benefice (g).

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Where the population is over 2,000, the bishop may appoint two curates, whose united stipends must not exceed 2007. a year. But such appointment is subject to appeal to the archbishop (h). In case of age, sickness, or other unavoidable causes of non-residence, the bishop may, with the consent of the archbishop, appoint a smaller stipend than the above minimum (i). Where an incumbent of two parishes residing bonâ fide in one or the other, employs a curate to do duty interchangeably with himself, the stipend is to be not larger than that allowed by the Act for the larger of such benefices, nor less than would be allowed for the smaller, but if the incumbent employs a curate upon each benefice, the bishop may assign such less stipend as he shall think fit (k). Where a curate is permitted to serve in two parishes, the bishop may assign a stipend for the second curacy less by a sum not exceeding 307. than the stipend to be given under this Act (7). All agreements as to stipends for curacies which are contrary to the Pluralities Acts are void to all intents and purposes (m).

The only fee payable to the bishop's secretary by the curate obtaining a licence in the case of non-residence is 10s., and there is no stamp duty. The licence must specify the amount of the stipend; and the bishop has power to summarily hear and settle any dispute between incumbent and curate as to stipend without appeal, and to enforce payment of stipend or arrears thereof by monition and sequestration, but application must be made to the bishop within twelve months after the curate has left his curacy or has died (n).

In a case where an incumbent agreed to employ a curate, giving him board and lodging in lieu of part of the stipend, and differences arose as to the board and lodging, it was held that the curate was entitled to bring an action for damages in the High Court; it being considered that it was not the

(h) 1 & 2 Vict. c. 106, s. 86.
(i) Ibid. s. 87.
(k) Ibid. s. 88.

(1) Ibid. s. 89.

(m) Ibid. s. 90.

(n) Ibid. ss. 83, 90; R. v. Rochester (1890), 6 T. L. R. 165.

intent of the Act to constitute the bishop a judge without a jury to assess damages (o).

Licences to curacies and revocations under this Act must be entered in a book in the diocesan registry, and be open to inspection (fee 3s.), and copies are to be furnished to churchwardens for which the incumbent must pay 3s. (p).

The curate applying for a licence has to furnish the same particulars as a person applying for a licence for non-residence (7). The bishop may direct the curate to reside in the parsonage house, and assign to him a portion of the glebe not exceeding four acres (r). The curate must reside in the parish, or if no convenient residence can be found in a parish, within three statute miles of the church; except in cases of necessity to be approved by the bishop (s).

In the case of large benefices, where the value exceeds 5007., and there is either a population of 3,000, or a second church with a district containing 400 persons, the bishop may insist on the appointment of a curate, to be paid by the incumbent, whether resident or not, at a stipend not exceeding 1507., subject to an appeal to the archbishop (t).

Where a benefice has been under sequestration for six months, the bishop has power to appoint curates at stipends not exceeding the following sums :-Population not exceeding 500, 2007. yearly; over 500 and under 1,000, 3007.; exceeding 1,000 and under 3,000, 5007.; exceeding 3,000, 6007.; provided such stipends shall not exceed in the whole two-thirds of the annual value of the benefice (u). A curate may be licensed for the special purpose of third or additional services, at a salary not exceeding 807., unless augmented by voluntary subscriptions. Such salary may be raised from pew rents (x). On the bankruptcy of his incumbent, a curate is entitled to the payment by the sequestrator of arrears of

(0) Fraser v. Denison (1888), 57 L. J. Q. B. 550; and see R. v. Rochester, ubi supra.

(p) 1 & 2 Vict. c. 106, s. 102. (a) Ibid. s. 81.


(r) Ibid. s. 93.

(s) Ibid. s. 76.

(t) 48 & 49 Vict. c. 54, s. 13.
(u) 34 & 35 Vict. c. 45.

(x) 58 Geo. 3, c. 45, ss. 65, 66.


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