PRESUMPTION OF PERMANENCY.
In general, says Mr. Phillips,[1] there is a presumption in favor of the
continuance of what is once proved to have existed. It is a familiar
principle of law, says Chief Justice Parker, that a state of things
once shown to exist is presumed to continue until something is shown to
rebut the presumption. And this position, says Professor Greenleaf, is
founded “on the experienced _continuance_ or permanency of longer or
shorter duration in human affairs. When, therefore, the existence of a
person, a personal relation, or a state of things, is once established
by proof, the law presumes that the person, relation, or state of things
continues to exist as before, until the contrary is shown, or until
a different presumption is raised from the nature of the subject in
question.” With other examples of the application of this presumption,
he mentions opinions and religious convictions: “The _opinions_ also of
individuals, once entertained and expressed, and the _state_ of _mind_,
once proved to exist, are presumed to remain unchanged until the contrary
appears. Thus, all the members of a Christian community, being presumed
to entertain the common faith, no man is supposed to disbelieve the
existence and moral government of God, until it is shown from his own
declarations.” This presumption being founded in reason and experience,
is of universal application. It is not conclusive, but stands “until
something is shown to rebut it.” It is the basis of Hume’s argument
against miracles, but which he misapplies, making it conclusive instead
of presumptive evidence. As a presumption, it is strictly applicable
to the question in hand, and will be found to have great force. For,
from this natural and reasonable presumption, it should be taken,
unless the contrary is proved, that the accepted “Memoirs” of Justin’s
time _remained_ in the churches. Hence if we can ascertain with entire
certainty _what_ “Memoirs” were accepted in the churches in the year 180,
and no evidence of displacement and substitution appears, we shall have
_most satisfactory evidence_ what “Memoirs” were the ones intended by him
in his Apology.
[1] Phillips on Evidence, 4th Am. Ed., 640: 17 N. H. Rep., 409: 1
Greenleaf on Evidence, §§ 41, 42.