the charging any person with a criminal action, either in one's own name, or in that of the public. The word is compounded of ad, to; and cautari, to plead.
Writers on politics treat of the benefit and the inconveniences of public accusations. Various arguments are alleged, both for the encouragement and discouragement of accusations against great men. Nothing, according to Machiavel, tends more to the preservation of a state, than frequent accusations of persons trusted with the administration of public affairs. This, accordingly, was strictly observed by the Romans, in the instances of Camillus, accused of corruption by Manlius Capitolinus, &c. Accusations, however, in the judgment of the same author, are not more beneficial than calumnies or pernicious; which is also confirmed by the practice of the Romans. Manlius not being able to make good his charge against Camillus, was cast into prison.
By the Roman law, there was no public accuser for public crimes; every private person, whether interested in the crime or not, might accuse, and prosecute the accused to punishment, or abolution. Cato, the most innocent person of his age, had been accused 42 times, and as often absolved. But the accusation of private crimes was never received but from the mouths of those who were immediately interested in them: None (e.g.) but the husband could accuse his wife of adultery. The ancient Roman lawyers distinguished between postulatio, delatio, and accusatio. For, first, leave was desired to bring a charge against one, which was called postulare; then he against whom the charge was laid, was brought before the judge; which was called de- ferre, or nominis delatio: lastly, the charge was drawn up and presented, which was properly the accusatio. The accusation properly commenced, according to Padianus, when the reus or party charged, being interrogated, denied he was guilty of the crime, and subscribed his name to the delatio made by his opponent.
In the French law, none but the Procureur general, or his deputies, can form an accusation, except for high-treason and coining, where accusation is open to everybody. In other crimes, private persons can only act the part of denouncers, and demand reparation for the offence, with damages.
In Britain, by Magna Charta, no man shall be imprisoned or condemned on any accusation, without trial by his peers, or the law; none shall be vexed with any accusation, but according to the law of the land; and no man may be molested by petition to the king, &c., unless it be by indictment or presentment of lawful men, or by process at common law. Promoters of suggestions, are to find surety to pursue them; and if they do not make them good, shall pay damages to the party accused, and also a fine to the king. No person is obliged to answer upon oath to a question whereby he may accuse himself of any crime.