[209] The passage in the statement _Concerning the Service of the Church_ at the beginning of the Prayer Book, respecting the bishop taking order for the appeasing of doubts concerning the manner of understanding and carrying out the contents of the Book, might apply to the treatment of such persons. [210] § 2 above. [211] 35 & 36 Vict. c. 35, ss. 5, 6. [212] Phill. Eccl. Law, Pt. iii. ch. viii. pp. 645-7. CHAPTER VI MARRIAGE 1. With the exceptions mentioned in §7 below, the incumbent or minister of the church of an ancient or new ecclesiastical parish, or of a church or chapel specially authorised for the publication of banns and solemnisation of marriages, is bound, in the case of persons who are legally competent to be married in that church or chapel, to publish or permit the publication of banns and solemnise or permit the solemnisation of marriage, either after due publication of banns or under a licence from the bishop or the Archbishop of Canterbury, and he may consent to the solemnisation of the marriage upon a proper registrar's certificate. If he improperly refuses publication of banns or solemnisation of marriage, it is an ecclesiastical offence for which he is liable to be punished under the Clergy Discipline Act, 1840, but it is a question whether he would be liable to a civil action or an indictment for the refusal.[213] On the other hand, a clergyman who knowingly and wilfully solemnises a marriage in an unauthorised building or outside the lawful hours (unless under special licence from the Archbishop of Canterbury), or without due publication of banns (unless under licence from him or from the bishop, or upon a proper registrar's certificate), will be guilty of felony; and a marriage solemnised with the knowledge of the parties thereto elsewhere than in an authorised building or without publication of banns or the registrar's certificate, unless with a sufficient licence, will be void.[214]