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

§. 7. And thus, from the matters stated above, we firmly infer that since the sole and unique authority and opinion of the Glossators constituted the principles of law, both civil and canon, we possess no other law to use than those traditions of the Glossators. Nor is it an obstacle that these opinions must be considered based upon, and at the very least built upon, the laws. For just as in explaining the Holy Scripture one looks to two things, namely, the parallelism and the analogy of faith, so too the matter stands in explaining the laws of human law. Indeed, the analogy of the law brings it about that the laws are henceforth explained according to those things that have already been posited theoretically, and these depend primarily on the authority of those who previously sensed and taught. Hence, to approach our goal more closely, it is not surprising that in the matter of process there was an immediate departure from the traditions of Roman law, since the Glossators were ignorant of its ease and indeed its history, nor did the process and status of the courts accord with that which formerly existed at Rome. Regarding this, see the works of Revardus, Sigonius, and Francis Pollet, as well as the dissertation of Obrecht, and most excellently of all, the most erudite inaugural dissertation of the Licentiate Cellarius, held under the Excellency of Jo. S. Stryck regarding the ancient process of Roman law. Whence also, in teaching the matters of process, they strayed significantly, and they confused the very acts for the expedition of which judges were formerly appointed with the specific types of jurisdictions. This is evident from the tree of jurisdictions which Bartolus prefigured (which is nevertheless surprising, since it was said previously that he had departed in some way from the clerical simplicity; yet the papal clergy always delights in teaching through figures and images, which is why even today Christianity is propagated in the Chinese lands by the Jesuits, for which purpose they also use a long beard). And indeed, that tree extends into branches in such a way that all parts of jurisdiction are deduced into great, major, maximum, small, minor, and minimum categories, and thus concerning authority, both pure and mixed. Another figure of that tree is exhibited by Guilhelmus Luveranus in Tractatus Tractatuum, Vol. 3, Folio 15, and shortly thereafter it is described by Johannis de Grassis, who is also called the most excellent monarch of both laws, comparing the stages of the process with the roots, trunk, branches, flowers, leaves, and fruits of the tree, where truly nothing is missing, except when, with the pro-