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

to observe was for the judge, as the administrator of law and justice alone in the cause.

§. 23. But indeed this class or this chapter of the process, unless a suspensive remedy is applied regarding an enormous question and grievance, is for the most part still accustomed to be absolved in the space of a year or two years, even if other terms are added regarding the publication of attestations and the roll, where also some questions occur which are not to be observed so duly, since that citation is at least monitorial, and when the parties do not appear, because they do not suffer prejudice, one proceeds nonetheless with publication. That reasoning regarding the light prejudice of the parties, if it were observed more often in the process, it would easily appear that there would be more useless things. Regarding proof by documents and its mode of proceeding, some things also occur, not only as to the recognition itself but also the comparison of letters, which reject the difference of summary and ordinary process, which, however, it would be tedious to relate in more detail, and likewise because of reprobation the disproving of testimony and its fatal consequences, and especially the beginning, and when it is still admitted if the one about to reprobate had notice of the attestation or not. In the decollation of an oath the formal tender of an oath to the opponent it also occurs that one must not swear except when the dilatory matters are finished, with the decollation previously confirmed by sentence, which is the more absurd since in the question of its admissibility for the most part it is answered that the oath can be deferred on any cause and thing, since the one swearing only does not suffer prejudice; why therefore after so much preceding process, and not immediately at the first term, the oath? Truly, the reason for delaying until then can hardly be conceived by the mind, not to mention so many infinite questions regarding a special mandate to swear, the offer, desertion, fatal consequences, the relation, the formula, regarding which, to define those things at least, entire treatises have come forth, and if they are made in a process of deeper investigation, controversies and interlocutories grow to infinity, than which, because of the aforementioned reason, nothing more useless could hardly be found. But the deductions, which are handed down by the parties regarding proof and salvation and duplicated