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It is true that outside the Catholic clergy the term "mediaeval" is often used in a sense of disparagement, but that should not blind us to the fact that mediaeval presumptions, whether for better or worse, are still common. A few of the most fundamental of these presuppositions especially germane to our theme may be pointed out here.
I have not noticed other presumptions against it, arising from the consequences to which the original doctrines of the party have since led, or from certain moral and intellectual faults which have marked the writings of its supporters.
The killing or injury of a slave except under circumstances justified by law rendered the offender liable both to the master's claim for damages and to criminal prosecution; and the master's suit might be sustained even where the evidence was weak, for as was said in a Louisiana decision, the deed was "one rarely committed in presence of witnesses, and the most that can be expected in cases of this kind are the presumptions that result from circumstances."
But now I will only remind you that it was Mary who went to her lord simply, who was commended, and not Martha who troubled about many things. Learn from the Mary of Faith and not from these Marthas of the Creeds. Let us abandon the presumptions of an ignorant past. The perfection of doctrine is not for finite men. Give yourselves to God. Give yourselves to God.
Thou who watchest constantly over the unfortunate, stooping under the burden of his misery, wilt Thou suffer innocence, falsely accused, to sink under presumptions which a fatal destiny hath heaped upon it?
But if, on the contrary, the crime charged has a perfect relation with the person, with his known conduct, with his known habits, with the situation and circumstances of the place that he is in, and with the very corrupt inherent nature of the act that he does, then much less proof than we are able to produce will serve; and according to the nature and strength of the presumptions arising from the inherent nature of a vicious principle and vicious motives in the act, will be strengthened the weakest evidence, or, if it comes to a sufficient height, the whole burden of proof will be turned upon the party accused.
Had we nothing to oppose to this; but that sense of things which is natural to Us, and which even with all these Arts is not quickly defaced, we could not but stand amazed at such Presumptions as these, in so poor, and ignorant, and short lived a Creature as Man; who came naked but lately out of the Earth, and must soon return to that condition again; who finds his sight bounded in every thought, and meets with a thousand stops in all his Designs; who every step that he takes, wants some one to help him, and can scarce avoid being conscious of that Hand to which he ows his Support.
Indeed the baronet had never perfectly acquiesced in the presumptions, however circumstantial, which went to identify him with Captain Nicholas. Bertram, as it struck him, looked younger; and had the appearance of greater delicacy of constitution, or at least of having been bred up less hardily: whence perhaps was derived his more juvenile aspect.
Thus it was repugnant to his feelings to deceive even an accused person, or to lay snares for him; in fact the mere idea of the possibility of a judicial error terrified him. They said of him in the courts, "He is a trembler." What he sought was not conviction, nor the most probable presumptions, but the most absolute certainty.
Apart from the fact that he could only offer presumptions, he dreaded the slowness of the police, their inevitable indiscretions, the whole preliminary inquiry, during which Lupin, who was sure to be warned, would have time to effect a retreat in good order.
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