If, then, a doubt arises as to whether I have said my breviary, I must say it, for the law is in possession; if on the contrary a doubt comes into my mind as to whether I have taken food after midnight, I may go to Holy Communion, because my right to receive is in possession.
5. In dubio standum est pro eo pro quo stat praesumptio. A presumption is a probable conjecture about an uncertain event. The conjecture is such as would be formed in the circumstances by a man of ordinarily sound judgement and prudence. This is called a praesumptio hominis to distinguish it from a praesumptio juris, which the law itself sanctions in certain circumstances. Thus, according to the old canon law, if the parents of a boy and girl promised them in marriage and they did not express dissent, there was a, praesumptio juris that they gave their consent, and they were reputed betrothed to each other. [1] This praesumptio juris admits, indeed, of proof to the contrary; in cases where proof to the contrary is not admitted, there is praesumptio juris et dejure, as it is called.
When in doubt, I can frequently form my conscience by the aid of this axiom. If, for example, I am in the habit of saying my little hours after breakfast, and some evening a doubt occurs to me whether I said them on that day, I need not say them then, the presumption being that I said them in the morning as usual, and In dubio standum est pro eo pro quo stat praesumptio.
6. In dubio factum non praesumitur sed probari debet. Similarly, Nemo praesumitur mains donee probetur. These axioms are understood of some principal fact, the fact of baptism, for example, or the commission of a crime, which obviously should not be presumed. If on the contrary the principal fact is certain, and a doubt arises as to some accessory circumstance, then other axioms should be used to guide the conduct: as, In dubio omne factum praesumitur recte factum; or, In dubio praesumitur factum quod de jure faciendum erat; or, In dubio standum est pro valore actus. So that if I am certain that I baptized a child, but begin to doubt whether I anointed the head with chrism, according to the ritual, I am not bound to supply the ceremony afterwards.
- ↑ Cap. un., de despon. impub. in Sexto.
