La potestà giurisdizionale del magistrato inquisitore e l’editto di fede quale momento instaurativo dell’actio poenalis nella procedura canonica medievale per inquisitionem

Abstract

192

The article introduces the topic with some preliminary reflections on the historical, social and ecclesial context of the Medieval period. Initial consideration of the canonical, structural and functional characteristics of inquisitorial jurisdiction leads into a more detailed analysis of the role of the judge in this jurisdiction, as an active agent in the actio poenalis. Thereafter, the study deals with pontifical mandate, as the source of inquisitorial jurisdiction, and its main features. There are further observations concerning disputes between episcopal and inquisitorial penal jurisdiction in particular places. These are followed by an exploration of the intrinsically personal nature of inquisitorial jurisdiction and the power of the inquisitor as an independent subjective position in a given territory, and his competence in that territory as a general practical parameter for juridical function in relation to both subject and territory. Finally, the study deals with edictum fidei as the first phase of the actio poenalis in the preliminary act of inquisitorial jurisdiction.

Keywords

Inquisitorial Jurisdiction, Pontifical Mandate, Competing Jurisdictions, Edict of Faith