Conscience

The moral sense; the sense of right and justice. There are many cases against natural justice which are left wholly to the conscience of the party, and are without redress, equitable or legal.' Human laws are not so perfect as the dictates of conscience, and the sphere of morality is more enlarged than the limits of civil jurisdiction. There are many duties, belonging to the class called " imperfect obligations," which are binding on conscience, but which human laws do not and cannot undertake directly to enforce. But when the aid of a court of equity is sought to carry into execution such a contract, then the principles of ethics have a more extensive sway.'

See Right, 1; Faith. Conscionable.

In accord with strict honesty and justice: as, a conscionable appraisement or inventory of the articles of a decedent's estate.

TJneonseionablo.

Contrary to probity, fair-dealing, or what -i fair-minded man would do or refrain from doing: as, an unconscionable contract or bavgain, q. v. Conscionable is an iU-contrived word: from conscience-able, or conscible (not now in use)."

1 [2 Bl. Com. 203-4; 45 Pa. 432. ■ s 2 Bl. Com. 803-7. ' 4 Kent, 412; 2 Coke, Litt. *158; 1 Williams, Er. 364; 45 Fa. 432-33. * 1 Story, Eq. §§ 14, 2.

Conscious

The expression, in a charge, ' ' conscious of what he (a prisoner alleged to be insane) was doing," refers to the real nature, the true character, of the act as a crime, not to the mere act itself.' Conscience of the court. To "inform the conscience of the court " is to furnish a court such data as will enable it to decide a matter discreetly and equitably. Thus, the verdict of a jury out of chancery is intended to inform the conscience of the chancellor." Conscience, court of. The title of a court for the recovery of debts not exceeding forty shillings, -formerly existing in some districts of England, as, in London, for the benefit of trade. Examinations were summary, on the oath of the parties and witnesses. Such order was made as seemed consonant with equity and conscience. In 1846 juris-, diction was transferred to the county courts.' Conscience, rights of. The constitutional declaration that "no human authority can control or interfere with the rights of conscience," refers to the right to worship the Supreme Being according to the dictates of the heart: to adopt any creed or hold any opinion whatever on the subject of religion; and to do, or to forbear to do. any act, for conscience sake, the doing or forbearing from which is not prejudicial to the public weal.* Where liberty of conscience would impinge on the paramount right of the public it ought to be restrained... There are few things, however simple, that stand indifferent m the view of all the sects.* " The constitution of this State secures freedom of conscience and equality of religious right. No man can be coerced to profess any forni of religious belief or to practice any peculiar mode of worship, in preference to another... Beyond this, conscientious doctrines and practices can claim no immunity from the operation of general laws made to promote the welfare of the whole people.". "So long iis no attempt is made to force upon others the adoption of a belief, so long is conscience left in the enjoyment of its natural right of individual decision." « See further Blasphemy; Ecjcity; Holiday; Eeliqion: Sunday.