ice, 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.
_______________________

THIRD ARTICLE [II-II, Q. 68, Art. 3]

Whether an Accusation Is Rendered Unjust by Calumny, Collusion or
Evasion?

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.

Obj. 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 d