Whether It Is Necessary for the Accusation to Be Made in Writing?
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.
Obj. 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."
Obj. 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 (Q. 67, A. 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 Obj. 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 Obj. 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 Obj. 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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