Troyes, Bibliothèque municipale 103, fol. 1r Gratian, Decretum ca. 1160 |
Cardinal Johannes Monachus †1313 Extravag. com. 2.3.1 (Rem non novam) v. Non obstantibus aliquibus privilegiis: The defendant must be summoned and be cited; Not even the pope can omit this, and even less another judge, because it would be to omit the full recognition of the case that necessity requires . . . And so it is clear that the second and third together, namely that the summons is based on natural law and consequently that the pope cannot try anyone without summoning him first . . . Therefore everyone is presumed innocent unless proven guilty (Item quilibet presumitur innocens nisi probetur nocens) Pennington, AInnocent Until Proven Guilty: The Origins of a Legal Maxim,@ A Ennio Cortese (3 Volumes. Roma: Il Cigno Galileo Galilei Edizioni, 2001) 3.59-73 |