Whether it is necessary to proceed by way of accusation for the annulment of a marriage contracted by persons related to each other by affinity or consanguinity?

❌ Objection 1 : It would seem that one ought not to proceed by way of accusation in order to sever a marriage contracted between persons related by affinity or consanguinity. Because accusation is preceded by inscription* whereby a man binds himself to suffer the punishment of retaliation, if he fail to prove his accusation. [*The accuser was bound by Roman Law to endorse (se inscribere) the writ of accusation; Cf. SS, Question [33], Article [7]]. But this is not required when a matrimonial separation is at issue. Therefore accusation has no place then. Aquin.: SMT XP Question [55] Article [10] Obj. 2 Para. 1/1 OBJ 2: Further, in a matrimonial lawsuit only the relatives are heard, as stated in the text (Sent. iv, D, 41). But in accusations even strangers are heard. Therefore in a suit for matrimonial separation the process is not by way of accusation.

❌ Objection 2 : Further, if a marriage ought to be denounced this should be done especially where it is least difficult to sever the tie. Now this is when only the betrothal has been contracted, and then it is not the marriage that is denounced. Therefore accusation should never take place at any other time.

❌ Objection 3 : Further, a man is not prevented from accusing by the fact that he does not accuse at once. But this happens in marriage, for if he was silent at first when the marriage was being contracted, he cannot denounce the marriage afterwards without laying himself open to suspicion. Therefore, etc.