Title V: On Joinder of Issue

Latin source headnote: Joinder of issue occurs not through positions and answers but through a petition proposed in court and the answer that follows it; when it is omitted, the proceedings are null.

Gregory IX, to the Abbot of Saint John in the Vineyards.

Formerly, matter for a question arose between the Bishop of Noyon on one side and the Chapter of the Church of Saint-Quentin on the other concerning certain injuries, sentences of excommunication, and certain other articles. (And below:) The judges, after certain positions had been made and answers given to them, and having also heard what the parties wished to propose before them, remitted that cause to apostolic examination. Therefore, when the proctors of the parties had been established in our presence for this reason, although positions and answers had been made on each side before the aforesaid judges concerning several articles, nevertheless, because we did not find that joinder of issue had occurred—since joinder of issue occurs not through positions and answers to them, but through a petition proposed in court and the answer that follows it—we judged, with the counsel of our brothers, that their proceedings were to be declared void.