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

Status of the adjudicated matter. §. 17. These requirements and rules also do not establish a difference from the ordinary process, to examine which the process is divided into four classes §. 18. But rather they fail in all classes, and indeed it is shown how they fail in the first, namely, dilatory pleas §. 19. 20. 21. How in the second, namely, regarding the mode of proof §. 22. and especially oaths §. 23. How in the third, namely, regarding suspensive remedies, and in the fourth, regarding the manner of liquidation and execution §. 24. Rules proper to certain summary processes also fail, which is illustrated regarding the summary possessory and executive process §. 25. regarding the mandate process §. 26. regarding the Bill of Exchange, and how this is resolved into an executive one §. 27. regarding the matrimonial process §. 28. Also, the means of correcting defects fail, which is asserted regarding public hearings and coercive means for transaction or composition §. 29. likewise regarding the exaction of the oath of calumny, and the rescripts of justice called excitatories; and it is concluded that the vice belongs as much to the matter as to the persons §. 30. In what, however, judgments consist according to Natural Law is remitted to a separate inquiry, and the Dissertation is finished §. 31.

PROEMIUM.

The decorative initial letter D contains an illustration of an eagle perched upon a branch.

There are two primary principles for the formation of human actions after the Fall, since men no longer allow themselves to be uniquely amended and ruled by the Spirit of God alone, because they are in the flesh and require temporary direction, namely, toward what is seemly and just. In our law, these are reduced to two other things: to live honestly, and to harm no one. The former depends on the opinion of men, specifically the more powerful and honorable ones, whose licit actions are approved by imitation, being devoted to an ambition that is honest in itself, and it has no other rule except that whoever is in Rome must live in the Roman manner. The other principle of living is stricter, with a more prompt bond of obligation, and it descends from the will of the legislator, whether divine or human, that we should not harm another. From this flows a third, which is excited not immediately by the legislator himself, but through the judge, by giving a mode of proceeding; since even if no one ought to be harmed, nevertheless this happens more often when the law is not observed. Thus, in effect, there are three paths that lead us: opinion or esteem, law, and process. Having finished my academic labors, I shall examine this last path, along with its remedies and deviations, and what usually happens to us in it, as a specimen of my studies, according to the reason of the institute and the requirement of the aforementioned title, though with the weakness of my own talent and the desire for better things. May God make it successful.