Legal Dissertation on the Abstinence of Natural Law from the Fallacious Rules of the Putative Summary Process

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Contents of the entire Dissertation.

There are two principles for forming life, and three paths that lead us: imitation, law, and process. The last is treated here; it is regrettable that it cannot be obtained without specific rules. This is illustrated by the example of the Israelite people §. 1. A transition is made to our own processes and the method of pleading §. 2. Our process draws its origin from our civil law, which is neither Roman nor Canon, but consists of the propagated principles of the Glossators medieval legal commentators who added annotations to the Corpus Juris Civilis §. 3. & 4. This is demonstrated by the excessive authority of the Gloss, about which astounding praises are produced §. 5. Hence, no one dared to deviate from it thereafter, not even Bartolus himself, whose spirit or temperament was mere ambition, which is proven, and another thing is predicted about Baldus §. 6. All these men were ignorant of the process of Roman law, and therefore badly applied matters concerning the process from that law, which is illustrated by the tree of jurisdictions §. 7. From this confusion, such fallacious rules insinuated themselves into the process §. 8. which cannot admit the difference between an ordinary and a summary process §. 9. Which is described further with its rules and requirements §. 10. which are reduced by practitioners to essential and accidental; and the former are said to be of natural law and instituted by God §. 11. This is not rightly deduced from God’s process against Adam, and in truth, those essentials neither all pertain to natural law, nor do they effect a difference from the ordinary process §. 12. To explain the former, it is taught how the narration of the fact is of natural law, which is clearly denied regarding the petition §. 13. The Litis Contestatio the formal contestation of the lawsuit or response, whether it is of natural law, is examined §. 14. and how, under this cloak, processes are extended for so long §. 15. The defense that it very rarely becomes natural law is deduced §. 16. which is also predicted about suspensive remedies and that natural law is ignorant of the status of the adjudicated matter? §. 17.