Praeside Deo Optimo Maximo: Ex decreto et authoritate amplissimi Iurisconsultorum Collegii in inclyta Basiliensium Academia, pro solenni Docturae gradu in utroque Iure consequendo, subsequentes de litis contestatione Theses

VIII.
And what the same says in the law rem non novam a matter not new, section patroni advocates, in the Digest Digest of Justinian concerning judgments: to contest a suit is to do so through a proposed narrative and an interposed contradiction.

IX.
With which agrees that which Pope Gregory says in the chapter un unspecified chapter on the contestation of a suit: that the contestation of a suit is not made through positions and responses, but through a petition proposed in court, and the response that follows.

X.
It can be divided into conjectural and judicial.

XI.
It is called conjectural when there is a controversy about the facts of the cause: and the fact of the cause is affirmed by the plaintiff, but denied by the defendant.

XII.
It is called judicial when it is contended not about the fact, but about the law of the cause: and the plaintiff affirms the law of the cause, while the defendant denies the same.

XIII.
Each is again subdivided into direct and indirect. In the former, the fact or the law of the cause is denied principally; in the latter, however, the fact or law of the cause is distinguished, or the suit is transferred from the cause of the action to other circumstances.

XIV.
The common crowd of interpreters divides the contestation of a suit into affirmative and negative.

XV.
They place the affirmative either on the part of the defendant or on the part of the plaintiff.

XVI.
But in either case, that it is affirmative does not constitute a species of the contestation of a suit, nor a member of that division.