inquisitio

Inquisitio is a Latin term meaning "inquiry" or "investigation." In legal and ecclesiastical contexts, it denotes a process by which authorities gather information to determine facts, assess guilt or liability, and guide subsequent decisions. The word is used in both secular and church law to describe the act of inquiring, rather than a specific modern institution.

Etymology and usage: Inquisitio comes from the Latin inquisire, meaning to seek into or investigate. In historical texts, it often names the procedural phase of fact-finding within a larger judicial or administrative process.

Classical and medieval contexts: In Roman law, inquisitio referred to a non-adversarial investigation conducted by a magistrate to establish facts, sometimes preceding a formal judgment. In medieval Europe, inquisitio became central to many inquisitorial procedures in both civil and canonical courts. An appointed official, the inquisitor, would organize the inquiry, summon witnesses, interrogate suspects, and compile a record used to determine guilt or responsibility.

The Inquisition: The term is closely associated with the Inquisitions—institutionalized series of inquiries aimed at identifying and suppressing heresy and other offenses. Beginning in the 12th century in various European territories, the medieval Inquisition, the Spanish Inquisition (established in the late 15th century), and the Roman Inquisition (established in the 16th century) relied on inquisitorial methods that emphasized investigation and evidence gathering.

Modern use: In contemporary legal theory, "inquisitorial" describes systems where judges or authorities drive the fact-finding process, as opposed to adversarial procedures. Today, inquisitio survives mainly as a historical term in analyses of canon law, civil law, and the history of law.