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

§. 11. But let us omit the following limitations, and what is uselessly repeated in the said place from Roman law by reason of interrogations and other matters. Since these rules of "amputating," "restraining," etc., were too general, practitioners explain the difference between the two processes by distinguishing, namely, between substantial and accidental matters. The former are said to be of the Jus Naturae Law of Nature, and thus draw their origin from Divine and natural law or the law of nations, whence also in a summary process they can and should be observed by reason of Chapter "Saepe", 2. d. Title "de V. S. in Clement."; Alexander, Vol. 3, conf. 6, col. 2, in Pr.; Zangerus, cited Chapter 2, n. 9. Hence, the Doctors also list and require these substantial elements, for example, some narration of the fact, even if not a solemn libel, and so forth, according to the tenor of the aforementioned Chapter "Saepe contingit", and finally a sentence after the cause has been sufficiently known. For it is asserted that this process is not only of natural law but was instituted and employed by God Himself, who called Adam to Himself as if to judgment, and accused him for the transgression of the commandment, and heard his exception, and afterwards passed sentence, as these requirements of Divine and Natural law and the law of nations are explained by Carpzovius in Processus Juridicus, Vol. 1, Art. 1, n. 23, 30, 31 and practitioners commonly. Indeed, so that the parties do not have cause to complain that they were not sufficiently heard, it is further asserted that it is in accordance with Natural law—and according to that disposition of Divine law—that it be committed to the judge's discretion whether he wishes to admit exceptions, dilatories, positions, interrogatories, and other matters of positive law, and thus moderate the summary process Zangerus, cited Chapter 2, n. 13. But those things which are primarily natural in a pro-