Conscience

COURTS OF. Courts, not of record, constituted by act of parliament in the city of London, and other towns, for the recovery of small debts; otherwise and more commonly Called "Courts of Requests." 3 Steph. Comm. 451. CONSCIENTIA DICITUR A CON ET scio, quasi scire cum Deo. Conscience is called from con and sdo, to know, as it were, with God. 1 Coke, 100. CONSECRATIO EST PERIODUS ELECtionis; electio est praeambula consecration is. Consecration is the termination ot election; election is the preamble of consecration. 2 Ro Ue, Abr. 102.

The moral sense; the faculty of judging the moral qualities of actions or of discriminating between right and wrong; particularly applied to one's percop-tion and judgment of the moral qualities of his own conduct, but in a wider sense, denoting a similar application of the standards of morality to the acts of others. In law, especially the moral rule which requires probity, justice, and honest dealing between man and man, as when we say that a bargain is "against conscience" or "unconscionable," or that the price paid for property at a forced sale was, so inadequate as to "shock the conscience," This is also the meaning of the term as applied to the jurisdiction and principles of decision of courts of chancery, as in saying that such a court is a "court of conscience," that it proceeds "according to conscience," or that it has cognizance of "matters of conscience." See 3 Bl. Comm. 47-56; Pcople v. Stewart, 7 Cal. 143; Miller v. Miller, 187 Pa. 572, 41 Atl. 277.

— Conscientious scruple. 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.-

— Conscience, conrts of. Couris, not of record, constituted by act of parliament in the city of London, and other towns, for the recovery of small debts; others wise and more commonly calied "Couris of Requests." 3 Steph. Comm. 451.

— Conscience, right of. As used in some constitutional provisions, this phrase is equivalent to religious liberty or freedom of conscience. Co.m. v. Lesh-er, 17 Serg. & R. (Pat) 155; State v. Cummings, 36 Mo. 263. Conscientia dicitur a con et seio, quasl scire cum Deo. 1 Coke, 100. Conscience is called from con and seio, to know, as it were, with God.

courts of. Courts, not of record, in London, and other English towns, for the recovery of small debts; otherwise, called Courts of Requests, v. Requests.

This term is not synonymous with “principle.” An “objection on principle” is not the same thing as a “conscientious scruple” or opinion. 7 Cal. 140.

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.

courts of. v. Court, 63.

COURTS OF. Courts, not of record, constituted by act of parliament in the city of London, and other towns, for the recovery of small debts; otherwise, and more commonly called Courts of Requests. 3 Steph. Com. 451. See Requests. CONSEIL. L. Fr.

In old French law. Counsel. Assiz. de Jerus. c. ix. xxvii.