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Updated: June 14, 2025
To H. S. Maine, Esq. Camp, Hodul: February 25, 1863. While I entirely concur in the opinion that the onus probandi rests, and rests heavily too, on the proposers of exceptional or particular legislation, an assumption runs through 's letter to you which I am by no means prepared to admit.
He felt, therefore, that the onus probandi would rest on his new councillors if they could not act with him, and put forth pretensions to which he was unable to accede. At least he was determined to give them a fair trial. Writing on the 17th of March he says:
If a person sues for a debt which is denied the onus probandi lies with the plaintiff. If he fails in proof the defendant, on making oath to the justness of his denial, shall be acquitted. Previous notice shall however be given to the debtor, that he may if he pleases avoid the payment of the hire by doing the work himself.
Shall we say that a baby can do all these things at once, doing them so well and so regularly, without being even able to direct its attention to them, and without mistake, and at the same time not know how to do them, and never have done them before? Such an assertion would be a contradiction to the whole experience of mankind. Surely the onus probandi must rest with him who makes it.
It is easy to see what vast opportunities were thus given for fastening a practically irrefutable charge of treason on any victim selected, when the recognised principle was that the onus probandi lay with the accused.
But still the onus probandi lies with those who maintain the Sinhalese origin of any part of the Pali Canon and two strong arguments support the Indian origin of the major part. First, many suttas not only show an intimate knowledge of ancient Indian customs but discuss topics such as caste, sacrifice, ancient heresies, and the value of the Veda which would be of no interest to Sinhalese.
They are taken for granted. And, as M. Renan justly says, a miracle is one of those things which must be disbelieved until it is proved. The onus probandi lies on the assertor of a fact which conflicts with universal experience.
But since the whole human race, as far as we can ascertain, without any exception whatsoever, has believed always in the survival of the soul after death, allow me to say that when you deny the existence of the soul the onus probandi lies with you, and not with us."
"The onus probandi will now rest with them," he said, repeating Mr. Prendergast's words; and then he was ultimately successful in persuading even Mr. Die to agree that it would be better for him to go to Ireland than to remain in London, sipping the delicious honey of Chancery buttercups. "And you will assume the title, I suppose?" said Mr. Die.
Manning said: "Very 'true, good, and beautiful, as a mere theory in sociology, but in an age when those hideous hermaphrodites, ycleped 'strong- minded women, are becoming so alarmingly numerous, our eyes are rarely gladdened by a conjunction of highly cultivated intellects; notable, loving hearts; tender, womanly sensibilities. Can you shoulder the anus probandi?"
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