Ius Commune

The course will focus on the salient features of the Roman-canonical process, both of the civil process (ordinary and summary, from the introduction of the cause to the litis contestatio, from the evidentiary system to the definition of the dispute, up to the revision systems and the means of appeal of the sentences), that of the penal process, accusatory (accusatory libellus, public and private denunciation, evidentiary procedure) and inquisitorial (officium iudicis, secrecy, torture and confession, inquisition in heresy and witchcraft trials). In particular, the fundamental aspects of the anti-heretical process put in place by the tribunals of the Roman Holy Office between the 16th and 18th centuries will be illustrated, through the analysis of the normative and doctrinal sources, as well as of the practice recorded in the documentation that has come down to us of numerous processes for known and lesser known heresy and witchcraft. Particular emphasis will be given to the differences between the inquisitorial procedure and the ordinary criminal trial of the old regime. The course includes a 6-hour teaching unit assigned to Prof. Stefania Salvi and dedicated to the peculiarities of ecclesiastical justice.
1. The judicial system: first part.
2. The judicial system: second part.
3. Arbitration.
4. The start of the civil process: the libelli oblatio and the system of actions.
5. The oath of slander and the litis contestatio.
6. The exceptions and the means of proof.
7. Allegationes and councils.
8. The summary procedure.
9. The sentence and the motivation.
10. The means of appeal.
11. The criminal trial: accusatory model and inquisitorial model.
12. The information process.
13. The defense process.
14. Torture.
15. The means of appeal.
16. The sphere of competence of the Holy Office and the initiation of the process.
17. The testimonial evidence.
18. The interrogation of the accused.
19. The right of defence.
20. The witchcraft trials.
21. The sentence.