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Conscientious scruple

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

A conscientious scruple against taking an oath, serving as a juror in a capital case, doing military duty, or the like, is an objection or repugnance growing out of the fact that the person believes the thing demanded of him to be morally wrong, his conscience being the sole guide to his decision; it is thus distinguished from an "objection on principle," which is dictated by the reason and judgment, rather than the moral sense, and may relate only to the propriety or expediency of the thing in question. People v. Stewart, 7 Cah 143. —"Conscience of the court." When an issue is sent out of chancery to be tried at law, to "inform the conscience of the court," the meaning is that the court is to be supplied with exact and dependable information as to the unsettled or disputed questions of fact in the case, in order tbat it may proceed to decide it in accordance with the principles of equity and good conscience in the light of the facts thus determined.

See Watt v. Starke, 101 U. S. 252, 25 L. Ed. 826.-