LORD KENYON. 405 



urged by the college, with the horrible design 

 of destroying the character of an innocent per- 

 son, because he was bold enough to oppose their 

 injustice. 



When a physician is admitted by the college 

 into the class of licentiates, he gives his promise 

 or faith, that he will observe their statutes, or 

 readily pay the fines which shall be imposed 

 upon him for disobedience*. Sir William 

 Blackstone, who, I believe, is not generally 

 reckoned a loose moralist, holds it established, 

 that, when a penalty is annexed to the non- 

 compliance with laws, " which enjoin only 

 positive duties, and forbid only such things as 

 are not mala in se, but mala prohibita merely, 

 without any intermixture of moral guilt the 

 alternative is offered to every man, * either 

 abstain from this, or submit to such a penalty ;' 

 and [that] his conscience will be clear, which- 

 ever side of the alternative he thinks proper to 

 embrace." Possibly some doubt may be enter- 

 tained of the justness of this doctrine when 

 applied to laws, which affect all persons equally, 

 and are made by those who are to be controlled 



* The president says to him dabis fidem, te observaturum 

 statuta collegii, aut mXiltas tibi contri facienti irrogandas 

 prompte persoluturum, omniaque in arte medica pro viribus 

 facturum in honorem collegii, et reipublicse utilitatem to 

 which he assents. 



