ACCUSATION, Accusatio, in the Civil Law, the initiating a criminal Action against any one, either in one's own Name, or that of the Publick. See ACTION, and CRIMINAL.
By the Roman Law, there was no publick Accuser for publick Crimes; every private Person, whether interested in the Crime or not, might accuse, and prosecute the Accused to Punishment or Absolution.
But the Accusation of private Crimes was never received, excepting from the Mouths of those who were immediately interested in them. — None but the Husband could accuse his Wife of Adultery. See ADULTERY.
Indeed, it was not properly an Accusation except in publick Crimes; in private ones it was called simply Action, or initiating an Action, intendere Actionem, or litem. See ACTION.
Cato, the most innocent Person of his Age, had been accused 42 times; and absolved 42 times. See ABSOLUTION.
When the Accused accuses the Accuser, it is called Recrimination; which is not admitted till the Accused has been first purged. See RECRIMINATION.
By the cruel Laws of the Inquisition, the Accused is forced to accuse himself of the Crime objected to him. See INQUISITION.
It has formerly been the Custom in some Parts of Europe, where the Accusation was very heavy, either to decide it by Combat, or at least to make the Accused purge himself by Oath; which, however, was not admitted, excepting a certain Number of his Neighbors and Acquaintance swore together with him. See DUEL, COMBAT, OATH, PURGATION, &c.
