[40] Alston _v._ Atlay (1837) 7 A. & E. 289. [41] 61 & 62 Vict. c. 48. [42] (1605) 3 Ja. 1, c. 5, ss. 19-21; (1688) 1 Will. & Mar. sess. 1, c. 26; (1898) 61 & 62 Vict. c. 48, s. 7. [43] (1858) 21 & 22 Vict. c. 49, s. 4. [44] 33 & 34 Vict. c. 91. [45] 55 & 56 Vict. c. 32, ss. 1, 6. [46] 37 & 38 Vict. c. 77. See ch. i. § 8. [47] 27 & 28 Vict. c. 94. See ch. i. § 8. [48] 24 Geo. 3, sess. 2, c. 35; 59 Geo. 3, c. 60; 37 & 38 Vict. c. 77, s. 9. [49] Willis _v._ Bp. of Oxford (1877) 2 P. D. 192. This includes, in the four Welsh dioceses, inability to preach, administer the sacraments, perform other pastoral duties, and converse in Welsh, subject to an appeal to the archbishop; (1838) 1 & 2 Vict. c. 106, s. 104; Marquis of Abergavenny _v._ Bp. of Llandaff (1888) 20 Q. B. D. 460. [50] Ayl. Par. 39-42; Heywood _v._ Bp. of Manchester (1884) 12 Q. B. D. 404. [51] See § 2 above. [52] The "sufficient testimony" consists, by long-established practice, of a testimonial by three beneficed clergymen, countersigned by the bishops of their dioceses if they are not beneficed in the diocese of the bishop to whom the testimonial is given, that the presentee has been personally known to them for three years last past; that they have had opportunities of observing his conduct, and during the whole of that time they verily believe that he has lived piously, soberly, and honestly, and that they have not heard anything to the contrary thereof, nor that he has at any time held, written, or taught anything contrary to the doctrine or discipline of the Church, and that they believe him to be, as to his moral conduct, a person worthy to be admitted to the benefice. [53] Bp. of Exeter _v._ Marshall (1868) L. R. 3 H. L. 17. [54] Gorham _v._ Bp. of Exeter (1849) 2 Rob. Eccl. 1; 13 Jur. 238. [55] (1898) 61 & 62 Vict. c. 48, s. 3. [56] _Ib._ s. 6 (1). [57] _Ib._ s. 6 (2). [58] Ayl. Par. 233-5. [59] Benefices Act, 1898 (61 & 62 Vict. c. 48), s. 2 (2); Benefices Rules, 1898, ru. 11, 12, sch. form (7). [60] (1868) 31 & 32 Vict. c. 117. [61] Gibs. Cod. 813. [62] 28 & 29 Vict. c. 122 (Clerical Subscription Act, 1865), ss. 1, 5, 12; 31 & 32 Vict. c. 72 (Promissory Oaths Act, 1868), ss. 2, 8, 9, 14; 61 & 62 Vict. c. 48 (Benefices Act, 1898), s. 1 (4) sch. [63] This may be the authority of the King in Council, under which the names of the sovereign and members of the Royal Family are changed in the prayers for them (Gibs. Cod. 280), and other forms are from time to time prescribed; or that of the archbishop or bishop, so far as they have power in the matter. See below, ch. v. § 1. [64] See below, §22. [65] See above, §2 (_c_). [66] Clarke Proxis, tit. xci.; Gibs. Cod. 810. This oath does not mean that the clerk will obey all the commands of the bishop against which there is no law, but that he will obey all such commands as the bishop by law is authorised to impose; Long _v._ Bp. of Capetown (1863) 1 Moo. P. C. N. S. 411, at p. 465.