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Updated: June 14, 2025
Malone, had he been alive, would probably have answered, that Tugton was a farm specially privileged by nature; and that if any man contended for so unusual a rent as eleven shillings an acre for land not known to him, the onus probandi would lie upon him. Be it so; eleven shillings is certainly above the ordinary level of rent, but three shillings is below it.
It was quite true, he said, that they had been equally unable to prove that he had done so; but that amounted to nothing; the "onus probandi" lay with the accusing side. There was the signature, and it was for them to prove that it was not that which it pretended to be.
And I venture to point out that, when we are told that the limitation of the period during which living beings have inhabited this planet to one, two, or three hundred million years requires a complete revolution in geological speculation, the onus probandi rests on the maker of the assertion, who brings forward not a shadow of evidence in its support.
The larger, too, the number, and the more intelligent the character of those who believed in it, the greater would be the presumption in its favour. If the record were received generally by any nation, the onus probandi would in that case lie with those who impugned it.
He understood, in its perfection, the great art of throwing the onus probandi on his adversary; and so could maintain almost any opinion, however absurd or fantastical, with fearless impunity. I have heard a sensible and well-informed man say, that he never was in company with Mr.
I do not affect to decide upon the point, but think the onus probandi to lie with those who would deny it. Assassination of a dangerous rival or of too powerful a chieftain has been the resource time out of mind of the Ottoman sovereigns, and they can hardly claim indulgence now from public opinion.
None of that, now; the onus probandi is with you, scoundrel. Da. None of that, now; it is with you. Zeus. At this game ours is much the better man louder-voiced, rougher-tempered. Good, Timocles; stick to invective; that is your strong point; once you get off that, he will hook and hold you up like a fish. Ti. I solemnly swear I will not answer first. Da.
And I venture to point out that, when we are told that the limitation of the period during which living beings have inhabited this planet to one, two, or three hundred million years requires a complete revolution in geological speculation, the onus probandi rests on the maker of the assertion, who brings forward not a shadow of evidence in its support.
Si recte probandi facultate destitui nos sentimus, ab eodem spiritu qui per prophetas suos loquitur portenda est, saith Calvin. We will not then call any man rabbi, nor jurare in verba magistri, nor yet be Pythagorean disciples to the church herself, but we will believe her and obey her in so far only as she is the pillar and ground of truth. Sect. 1.
In all cases of debt contested the onus probandi lies with the demandant, who must make good his claim by creditable evidence, or in default thereof the respondent may by oath clear himself from the debt.
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