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   We must now consider matters pertaining to unjust accusation. Under this 
head there are four points of inquiry:
(1) Whether a man is bound to accuse?
(2) Whether the accusation should be made in writing?
(3) How is an accusation vitiated?
(4) How should those be punished who have accused a man wrongfully?
	
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Question: 68  [<< | >>]
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  Objection 1: It would seem that a man is not bound to accuse. For no man is 
excused on account of sin from fulfilling a Divine precept, since he 
would thus profit by his sin. Yet on account of sin some are disqualified 
from accusing, such as those who are excommunicate or of evil fame, or 
who are accused of grievous crimes and are not yet proved to be innocent 
[*1 Tim. 1:5]. Therefore a man is not bound by a Divine precept to accuse.
  Objection 2: Further, every duty depends on charity which is "the end of the 
precept" [*Can. Definimus, caus. iv, qu. 1; caus. vi, qu. 1]: wherefore 
it is written (@Rm. 13:8): "Owe no man anything, but to love one another." 
Now that which belongs to charity is a duty that man owes to all both of 
high and of low degree, both superiors and inferiors. Since therefore 
subjects should not accuse their superiors, nor persons of lower degree, 
those of a higher degree, as shown in several chapters (Decret. II, qu. 
vii), it seems that it is no man's duty to accuse.
  Objection 3: Further, no man is bound to act against the fidelity which he 
owes his friend; because he ought not to do to another what he would not 
have others do to him. Now to accuse anyone is sometimes contrary to the 
fidelity that one owes a friend; for it is written (@Prov. 11:13): "He 
that walketh deceitfully, revealeth secrets; but he that is faithful, 
concealeth the thing committed to him by his friend." Therefore a man is 
not bound to accuse.
  On the contrary, It is written (Lev. 5:1): "If any one sin, and hear the 
voice of one swearing, and is a witness either because he himself hath 
seen, or is privy to it: if he do not utter it, he shall bear his 
iniquity."
  I answer that, As stated above (Question [33], Articles [6],7; Question [67], Article [3], ad 2), the 
difference between denunciation and accusation is that in  denunciation 
we aim at a brother's amendment, whereas in accusation we intend the 
punishment of his crime. Now the punishments of this life are sought, not 
for their own sake, because this is not the final time of retribution, 
but in their character of medicine, conducing either to the amendment of 
the sinner, or to the good of the commonwealth whose calm is ensured by 
the punishment of evil-doers. The former of these is intended in 
denunciation, as stated, whereas the second regards properly accusation. 
Hence in the case of a crime that conduces to the injury of the 
commonwealth, a man is bound to accusation, provided he can offer 
sufficient proof, since it is the accuser's duty to prove: as, for 
example, when anyone's sin conduces to the bodily or spiritual corruption 
of the community. If, however, the sin be not such as to affect the 
community, or if he cannot offer sufficient proof, a man is not bound to 
attempt to accuse, since no man is bound to do what he cannot duly 
accomplish.
  Reply to Objection 1: Nothing prevents a man being debarred by sin from doing 
what men are under an obligation to do: for instance from meriting 
eternal life, and from receiving the sacraments of the Church. Nor does a 
man profit by this: indeed it is a most grievous fault to fail to do what 
one is bound to do, since virtuous acts are perfections of man.
  Reply to Objection 2: Subjects are debarred from accusing their superiors, "if it 
is not the affection of charity but their own wickedness that leads them 
to defame and disparage the conduct of their superiors" [*Append. Grat. 
ad can. Sunt nonnulli, caus. ii, qu. 7] ---or again if the subject who 
wishes to accuse his superior is himself guilty of crime [*Decret. II, 
qu. vii, can. Praesumunt.]. Otherwise, provided they be in other respects 
qualified to accuse, it is lawful for subjects to accuse their superiors 
out of charity.
  Reply to Objection 3: It is contrary to fidelity to make known secrets to the 
injury of a person; but not if they be revealed for the good of the 
community, which should always be preferred to a private good. Hence it 
is unlawful to receive any secret in detriment to the common good: and 
yet a thing is scarcely a secret when there are sufficient witnesses to 
prove it.
	
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Article: 2  [<< | >>]
	
  Objection 1: It would seem unnecessary for the accusation to be made in 
writing. For writing was devised as an aid to the human memory of the 
past. But an accusation is made in the present. Therefore the accusation 
needs not to be made in writing.
  Objection 2: Further, it is laid down (Decret. II, qu. viii, can. Per scripta) 
that "no man may accuse or be accused in his absence." Now writing seems 
to be useful in the fact that it is a means of notifying something to one 
who is absent, as Augustine declares (De Trin. x, 1). Therefore the 
accusation need not be in writing: and  all the more that the canon 
declares that "no accusation in writing should be accepted."
  Objection 3: Further, a man's crime is made known by denunciation, even as by 
accusation. Now writing is unnecessary in denunciation. Therefore it is 
seemingly unnecessary in accusation.
  On the contrary, It is laid down (Decret. II, qu. viii, can. 
Accusatorum) that "the role of accuser must never be sanctioned without 
the accusation be in writing."
  I answer that, As stated above (Question [67], Article [3]), when the process in a 
criminal case goes by way of accusation, the accuser is in the position 
of a party, so that the judge stands between the accuser and the accused 
for the purpose of the trial of justice, wherein it behooves one to 
proceed on certainties, as far as possible. Since however verbal 
utterances are apt to escape one's memory, the judge would be unable to 
know for certain what had been said and with what qualifications, when he 
comes to pronounce sentence, unless it were drawn up in writing. Hence it 
has with reason been established that the accusation, as well as other 
parts of the judicial procedure, should be put into writing.
  Reply to Objection 1: Words are so many and so various that it is difficult to 
remember each one. A proof of this is the fact that if a number of people 
who have heard the same words be asked what was said, they will not agree 
in repeating them, even after a short time. And since a slight difference 
of words changes the sense, even though the judge's sentence may have to 
be pronounced soon afterwards, the certainty of judgment requires that 
the accusation be drawn up in writing.
  Reply to Objection 2: Writing is needed not only on account of the absence of the 
person who has something to notify, or of the person to whom something is 
notified, but also on account of the delay of time as stated above (ad 
1). Hence when the canon says, "Let no accusation be accepted in writing" 
it refers to the sending of an accusation by one who is absent: but it 
does not exclude the necessity of writing when the accuser is present.
  Reply to Objection 3: The denouncer does not bind himself to give proofs: 
wherefore he is not punished if he is unable to prove. For this reason 
writing is unnecessary in a denunciation: and it suffices that the 
denunciation be made verbally to the Church, who will proceed, in virtue 
of her office, to the correction of the brother.
	
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  Objection 1: It would seem that an accusation is not rendered unjust by 
calumny, collusion or evasion. For according to Decret. II, qu. iii 
[*Append. Grat. ad can. Si quem poenituerit.], "calumny  consists in 
falsely charging a person with a crime." Now sometimes one man falsely 
accuses another of a crime through ignorance of fact which excuses him. 
Therefore it seems that an accusation is not always rendered unjust 
through being slanderous.
  Objection 2: Further, it is stated by the same authority that "collusion 
consists in hiding the truth about a crime." But seemingly this is not 
unlawful, because one is not bound to disclose every crime, as stated 
above (Article [1]; Question [33], Article [7]). Therefore it seems that an accusation is not 
rendered unjust by collusion.
  Objection 3: Further, it is stated by the same authority that "evasion 
consists in withdrawing altogether from an accusation." But this can be 
done without injustice: for it is stated there also: "If a man repent of 
having made a wicked accusation and inscription* in a matter which he 
cannot prove, and come to an understanding with the innocent party whom 
he has accused, let them acquit one another." [*The accuser was bound by 
Roman Law to endorse (se inscribere) the writ of accusation. The effect 
of this endorsement or inscription was that the accuser bound himself, if 
he failed to prove the accusation, to suffer the same punishment as the 
accused would have to suffer if proved guilty.] Therefore evasion does 
not render an accusation unjust.
  On the contrary, It is stated by the same authority: "The rashness of 
accusers shows itself in three ways. For they are guilty either of 
calumny, or of collusion, or of evasion."
  I answer that, As stated above (Article [1]), accusation is ordered for the 
common good which it aims at procuring by means of knowledge of the 
crime. Now no man ought to injure a person unjustly, in order to promote 
the common good. Wherefore a man may sin in two ways when making an 
accusation: first through acting unjustly against the accused, by 
charging him falsely with the commission of a crime, i.e. by calumniating 
him; secondly, on the part of the commonwealth, whose good is intended 
chiefly in an accusation, when anyone with wicked intent hinders a sin 
being punished. This again happens in two ways: first by having recourse 
to fraud in making the accusation. This belongs to collusion 
[prevaricatio] for "he that is guilty of collusion is like one who rides 
astraddle [varicator], because he helps the other party, and betrays his 
own side" [*Append. Grat. ad can. Si quem poenituerit.]. Secondly by 
withdrawing altogether from the accusation. This is evasion 
[tergiversatio] for by desisting from what he had begun he seems to turn 
his back [tergum vertere].
  Reply to Objection 1: A man ought not to proceed to accuse except of what he is 
quite certain about, wherein ignorance of fact has no place. Yet he who 
falsely charges another with a crime is not a calumniator unless he gives 
utterance to false accusations out of malice. For it happens sometimes 
that a man through levity of mind proceeds to accuse someone, because he 
believes too readily what he hears, and this pertains to rashness; while, 
on the other hand sometimes a man is led to make an accusation on account 
of an error  for which he is not to blame. All these things must be 
weighed according to the judge's prudence, lest he should declare a man 
to have been guilty of calumny, who through levity of mind or an error 
for which he is not to be blamed has uttered a false accusation.
  Reply to Objection 2: Not everyone who hides the truth about a crime is guilty of 
collusion, but only he who deceitfully hides the matter about which he 
makes the accusation, by collusion with the defendant, dissembling his 
proofs, and admitting false excuses.
  Reply to Objection 3: Evasion consists in withdrawing altogether from the 
accusation, by renouncing the intention of accusing, not anyhow, but 
inordinately. There are two ways, however, in which a man may rightly 
desist from accusing without committing a sin ---in one way, in the very 
process of accusation, if it come to his knowledge that the matter of his 
accusation is false, and then by mutual consent the accuser and the 
defendant acquit one another---in another way, if the accusation be 
quashed by the sovereign to whom belongs the care of the common good, 
which it is intended to procure by the accusation.
	
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Article: 4  [<< | >>]
	
  Objection 1: It would seem that the accuser who fails to prove his indictment 
is not bound to the punishment of retaliation. For sometimes a man is led 
by a just error to make an accusation, in which case the judge acquit the 
accuser, as stated in Decret. II, qu. iii. [*Append. Grat., ad can. Si 
quem poenituerit.] Therefore the accuser who fails to prove his 
indictment is not bound to the punishment of retaliation.
  Objection 2: Further, if the punishment of retaliation ought to be inflicted 
on one who has accused unjustly, this will be on account of the injury he 
has done to someone---but not on account of any injury done to the person 
of the accused, for in that case the sovereign could not remit this 
punishment, nor on account of an injury to the commonwealth, because then 
the accused could not acquit him. Therefore the punishment of retaliation 
is not due to one who has failed to prove his accusation.
  Objection 3: Further, the one same sin does not deserve a twofold punishment, 
according to Nahum 1:9 [*Septuagint version]: "God shall not judge the 
same thing a second time." But he who fails to prove his accusation, 
incurs the punishment due to defamation [*Can. Infames, caus. vi, qu. 1], 
which punishment even the Pope seemingly cannot remit, according to a 
statement of Pope Gelasius [*Callist. I, Epist. ad omn. Gall. episc.]: 
"Although we are able to save souls by Penance, we are unable to remove 
the defamation." Therefore he is not bound to suffer the punishment of 
retaliation.
  On the contrary, Pope Hadrian I says (Cap. lii): "He that fails to prove 
his accusation, must himself suffer the punishment  which his accusation 
inferred."
  I answer that, As stated above (Article [2]), in a case, where the procedure is 
by way of accusation, the accuser holds the position of a party aiming at 
the punishment of the accused. Now the duty of the judge is to establish 
the equality of justice between them: and the equality of justice 
requires that a man should himself suffer whatever harm he has intended 
to be inflicted on another, according to Ex. 21:24, "Eye for eye, tooth 
for tooth." Consequently it is just that he who by accusing a man has put 
him in danger of being punished severely, should himself suffer a like 
punishment.
  Reply to Objection 1: As the Philosopher says (Ethic. v, 5) justice does not 
always require counterpassion, because it matters considerably whether a 
man injures another voluntarily or not. Voluntary injury deserves 
punishment, involuntary deserves forgiveness. Hence when the judge 
becomes aware that a man has made a false accusation, not with a mind to 
do harm, but involuntarily through ignorance or a just error, he does not 
impose the punishment of retaliation.
  Reply to Objection 2: He who accuses wrongfully sins both against the person of 
the accused and against the commonwealth; wherefore he is punished on 
both counts. This is the meaning of what is written (@Dt. 19:18-20): "And 
when after most diligent inquisition, they shall find that the false 
witness hath told a lie against his brother: then shall render to him as 
he meant to do to his brother," and this refers to the injury done to the 
person: and afterwards, referring to the injury done to the commonwealth, 
the text continues: "And thou shalt take away the evil out of the midst 
of thee, that others hearing may fear, and may not dare to do such 
things." Specially, however, does he injure the person of the accused, if 
he accuse him falsely. Wherefore the accused, if innocent, may condone 
the injury done to himself, particularly if the accusation were made not 
calumniously but out of levity of mind. But if the accuser desist from 
accusing an innocent man, through collusion with the latter's adversary, 
he inflicts an injury on the commonwealth: and this cannot be condoned by 
the accused, although it can be remitted by the sovereign, who has charge 
of the commonwealth.
  Reply to Objection 3: The accuser deserves the punishment of retaliation in 
compensation for the harm he attempts to inflict on his neighbor: but the 
punishment of disgrace is due to him for his wickedness in accusing 
another man calumniously. Sometimes the sovereign remits the punishment, 
and not the disgrace, and sometimes he removes the disgrace also: 
wherefore the Pope also can remove this disgrace. When Pope Gelasius 
says: "We cannot remove the disgrace," he may mean either the disgrace 
attaching to the deed [infamia facti], or that sometimes it is not 
expedient to remove it, or again he may be referring to the disgrace 
inflicted by the civil judge, as Gratian states (Callist. I, Epist. ad 
omn. Gall. episc.).