... Hanc syllogen generalem materiae probatoriae

Vmmius (disp. 8, n. 4), Donellus (22 comm. 1, lit. C, where Hillig says and asserts: in pr. ff. h.), and thus begins to perform the roles of the actor [plaintiff], Sichardus (ad l. 1, n. 1, C. eod.), Wesenbecius (d. n. 6, in fin.). For indeed, πᾶς νομικὸς κανὼν σφαλερός, that is, "Every legal rule is placed on slippery and uncertain ground," and it is not found to be ἀνέλεγκτος, that is, void of contradiction and repugnancy; and thus, it frequently loses its force (l. 1, ff. de R. I.; Wesenbecius in πρ. ibid., n. 4; Cubach in Brocard. general., c. 2, Brocard. 6 & 7; Phil. Matthæus ad d. l. 1, n. 24, with the following, and there Dn. Ioh. Neldelius (p. m.) in med. & ad l. 202, ff. eod.; Rosbach in prax. civ., tit. 1, n. 2).

t) If not directly and by the nature of things (that is, the force and power inherent in things by nature or by GOD, which is immutable, l. 10, C. de non numer. pecun.; l. 23, C. h. nō a., according to the custom of judgments, which, depending on the most free will and disposition of men, is subject to the injury of change according to the varying nature of things), at least obliquely and by a certain circumlocution (Donellus 25, comm. 2; Vmmius d. sp. 15, n. 6, circa fin.; Wesenbecius d. n. 6, in pr.). This, however, is done:

I. If the one denying wishes from that point to derive the protection and foundation of his opinion (l. 5, § 2, ff. ne quis eum, qui in jus voc.; Pacianus cap. 51, n. 28).

II. If he denies the law (l. 5, § 1, ff. h.; Vmmius n. 10).

III. If he denies the quality. Here, however, it matters whether that quality is natural or truly accidental. If a natural quality is denied—for instance, that someone is good, or of sound mind, etc.—the burden of proof is offered to the one who denies, since it is presumed that these things are present and inherent in someone until the contrary is proven (cap. ult. ext. de præsumpt.; l. 18, § 1, ff. h.; Andr. Scheffer p. 2, q. pr. 5, per tot.; Moller. p. 4, Const. 41, n. 12; Menoch. 5, præsumt. 1, n. 15 & seq.; Pasian. c. 53, n. 4, 6, & 11; Modest. Pistor. p. 1, q. 7, 5, n. 1, 2 & 3; l. 5, C. de codicill.; c. 3, in med. ext. de success. ab intest.; Mant. lib. 2, de conject. ult. vol. tit. 5, n. 2; Vmmius n. 38, in pr.; D. Andr. Gerhardi disp. Testam. 1, th. 29; Schneidewein ad § 3, n. 4 & 5, Inst. de curat.; Treutl. vol. 2, disp. 4, th. 12, lit. A). If, however, an acquired or accidental quality is denied, then, since it is not presumed, it must be proved by him who relies upon it as a sort of Achilles and inexpugnable battering ram, whether it be intrinsic or extrinsic (Vmmius n. 11).

IV. If the matter concerns the office he has performed. For generally, whenever the matter concerns that which it pertained to the duty of the defendant to have performed rightly, if a controversy arises regarding it, the proof of having acted poorly is demanded of the defendant so that he may render an account of his act (arg. l. 2, ff. de N. G.; l. 11, ff.; l. 3, C. h.; l. 1, § 13, ff. de Magistr. conven.; Donellus 25, comm. 4).

Whence it is openly and clearly evident that Accursius in d. l. 3, lit. P., and Sichardus there (n. 5, with the following), err in their judgment of mind and commit a fallacy of cause (though with the due preface of pardon and honor) by intrepidly positing that the past is presumed from the present face and state of things. For a presumption arises from those things which ἐπὶ τὸ πλεῖστον, that is, which for the most part happen in usage (Cujacius in πρ. ff. h.). But it is not most frequent that one who is once established in a wealthy and well-increased state always remains so, or that he who is now needy was always so; rather, nothing is more customary and common than for an Irus—abject and contemptible—to be made from a happy man, and for one to be cast down precipitously from the highest pinnacle of authority and eminence, and, by an unexpected turn of fortune, to become a slave of the lowest and most tenuous lot (l. 16, § 1, C. de usufr.; Donell. d. loc.; Mantica lib. 11, de conject. ult. vol. tit. 17, n. 3; Musculus d. tr. class. 1, memb. 2, n. 306; Hering. c. 8, n. 78 & seq.; Vmmius n. 49).

V. If a legal presumption militates against the one denying (l. 8, ff. h.; Pacianus cap. 51, num. 10).