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 Obj. 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 Obj. 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.
_______________________
SECOND ARTICLE [II-II, Q. 68, Art. 2]
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 just
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