CHAPTER V.

£H uso n U Et t nix.
It is the duty of a judge, says the great Koman orator, in every cause to seek for truth.* This is the great, the only object of a Masonic trial, and hence, in such a trial, no advantage is ever permitted to be taken of those legal and verbal technicalities, the use of which, in profane courts, so often enable the guilty to escape. This great principle of Ma- sonic law must never be forgotten in the manage- ment of a trial. Every part of the investigation is to be directed with a single view to the acquisition of truth. Masonic trials are therefore to be con- ducted in the simplest and least technical method, that will preserve at once the rights of the Order and of the accused, and which will enable the Lodge to obtain a thorough knowledge of all the facts in the case. The rules by which such trials are governed are few and easily understood.
1. The preliminary step in every trial is the ac- cusation. This, in Masonic language, is called the charge.
* " Judicis est, semper in causis verum sequi." — Cic. de Off. ii. 14
MASONIC TRIALS. ' 559
The charge should always be made in writing, signed by the accuser, delivered to the Secretary, and read by that officer at the next regular com- munication of the Lodge. The accused should then be furnished with an attested copy of the charge, and be at the same time informed of the time and place appointed by the Lodge for the trial.
In reference to these preliminary steps, it is neces- sary to make several remarks.
The charge should set forth the offence with clearness and certainty, and hence it must distinctly specify the nature of the offence ; and if confined to a single transaction, the time and place of its com- mission should be named. A general charge, for instance, of " unmasonic conduct" should also specify the particular nature of the conduct which is said to be unmasonic ; for no one can be expected to answer to so general an accusation, nor to be pre- pared with evidence to rebut that of which he is ignorant. No man, in a legal investigation, should be taken by surprise ; but there is no more certain mode of doing so than to call upon him to answer to an indefinite charge, the particulars of which are only to be made known at the moment of trial.
The charge should be delivered to the Secretary, and by him read to the Lodge, because it thus be- comes the property of the Lodge, and is not sub- jected, as it would be, if retained in the possession of the accuser, to alterations or amendments, which would alter its character, either in word, or spirit. A charge having been once made, should retain its
560 MASONIC TEIALS.
original form, and cannot be amended, except with the consent of the Lodge and the knowledge of the accused. For a similar reason the charge should always be made in writing. An oral charge must never be received.
It must be read at a regular communication, be- cause it is to be presumed that at such communica- tions all the members, and among them the accused, will be present, whereas the Lodge might be taken by surprise if a charge were preferred at a special communication, which is often thinly attended, and at which no new business of importance is expected to be transacted.
Any Master Mason maybe the accuser of another r but a profane cannot be permitted to prefer charges against a Mason. Yet, if circumstances are known to a profane upon which charges ought to be predi- cated, a Master Mason may avail himself of that in- formation, and out of it frame an accusation, to be presented to the Lodge. And such accusation will be received and investigated, although remotely de- rived from one who is not a member of the Order.
It is not necessary that the accuser should be a member of the same Lodge. It is sufficient if he is an affiliated Mason. I say an affiliated Mason ; for it is generally held, and I believe correctly, that an unaffiliated Mason is no more competent to prefer charges than a profane.
2. If the accused is living beyond the geographi- cal jurisdiction of the Lodge, the charges should be communicated to him by means of a letter through
MASONIC TRIALS. 501
the post-office, and a reasonable time should be allowed for his answer, before the Lodge proceeds to trial. But if his residence be unknown, or if it be impossible to hold communication with him, the Lodge may then proceed to trial — care being had that no undue advantage be taken of his absence, and that the investigation be as full and impartial as the nature of the circumstances will permit.
3. The trial must commence at a regular com- munication, for reasons which have already been stated ; but having commenced, it may be continued at special communications, called for that purpose ; for, if it was allowed only to be continued at regu- lar meetings, which take place but once a month, the long duration of time occupied would materially tend to defeat the ends of justice. And here no one can complain of surprise ; for the inception of the trial having taken place at a regular communica- tion, all the subsequent special communications would be considered only as continuations of the same meeting.
4. The Lodge must be opened in the highest de- gree to which the accuser has attained, and the ex- aminations of all witnesses must take place in the presence of the accused and the accuser, if they de- sire it.* It is competent for the accused to employ counsel for the better protection of his interests,
* The Grand Lodge of New York prescribes that the trial shall be con- ducted by a committee, called a commission. A few other Grand Lodges have, I believe, the same rule. It is of course competent for a Grand Lodge to make such a regulation, but I am of opinion that it is a better course foi the Lodge itself to conduct the trial, and this is the more usual course.
24*
562 MASONIC TRIALS.
provided such counsel is a Master Mason. But if the counsel be a member of the Lodge, he forfeits, by his professional advocacy of the accused, the right to vote at the final decision of the question.
5. The final decision of the charge, and the rend- ering of the verdict, whatever be the rank of the accused, must always be made in a Lodge opened on the third degree ; and at the time of such decision, both the accuser and the accused, as well as his counsel, if he have any, should withdraw from. the Lodge.
6. It is a general and an excellent rule, that no visitors shall be permitted to be present during a trial.
7. The testimony of Master Masons is usually taken on their honor, as such. That of others should be by affidavit, or in such other manner as both the accuser and accused may agree upon.
8. The testimony of profanes, or of those who are of a lower degree than the accused, is to be taken by a committee and reported to the Lodge, or, if con- venient, by the whole Lodge, when closed and sit- ting as a committee. But both the accused and the accuser have a right to be present on such occasions.
There can be no doubt that profanes are compe- tent witnesses in Masonic trials. If their testimony was rejected, the ends of justice would, in many in- stances, be defeated ; for it frequently happens that the most important evidence of a fact is only to be obtained from such persons. The great object of
s MASONIC TRIALS. 563
the trial is to investigate the truth and to adminis- ter justice, and no method should be rejected by which those objects can be attained. Again : there may be cases in which the accused is able to prove his innocence only by the testimony of profanes ; and surely no one would be willing to deprive him of that means of defence. But if the evidence of profanes for the accused is to be admitted, on ac- count of its importance and necessity, by a parity of reasoning, it should be admitted when and in be- half of the accuser. The testimony which is good in one case must be good in the other.
9. When the trial is concluded, the accuser and the accused must retire, and the Master will then put the question of guilty, or not guilty, to the Lodge. Masonic authorities differ as to the mode in which the vote is to be taken. In England, it is done by a show of hands. The Grand Lodges of Ohio and South Carolina require it to be by ballot, and that of California by each brother, as his name is called, rising and giving his answer " in a distinct and audible manner." I confess, that in this di- versity of authorities, I am inclined to be in favor of the vote by ballot, as the independence of opinion is thus better secured ; for many a man who con- scientiously believed in the guilt of the accused, might be too timid to express that opinion openly. Not less, I think, than two-thirds of the votes should be required to declare the accused guilty. A bare majority is hardly sufficient to divest a brother of his good character, and render him subject to what
564 MASONIC TRIALS.
may perhaps be an ignominious punishment. But on tins subject the authorities differ.
10. If the verdict is guilty, the Master must then put the question as to the nature and extent of the punishment to be inflicted, beginning with expulsion and proceeding, if necessary, to indefinite suspen- sion and public and private reprimand. To inflict expulsion or suspension, a vote of two-thirds of those present is required, but for a mere reprimand, a majority will be sufficient. The votes on the nature of the punishment should be viva voce, or rather, according to Masonic usage, by a show of hands.
Trials in a Grand Lodge are to be conducted on the same general principles ; but here, in conse- quence of the largeness of the body, and the incon- venience which would result from holding the examinations in open Lodge, and in the presence of all the members, it is more usual to appoint a com- mittee, before whom the case is tried, and upon whose full report of the testimony the Grand Lodge bases its action. And the forms of trial in such committees must conform, in all respects, to the general usage already detailed.
I K D E X
Advancement Affiliation, Right of - Appeal from the Lodge
" Master - " Eight of - - • -
- 163
198
- 242 239
28, 238
Balloting for Candidates - " Advancement - " Membership
Book of Law indispensable in a Lodge
Burial, Right of
By-laws of Lodges -
Candidates, Law relating to " Qualifications of -
Censure
Change, none allowed in Landmarks
Chaplain, Grand
Charges, Ancient, Installation " Ancient, at Makings - " approved, in 1722 -
Committees for Business - " on Character
Congregating Masons in Lodges
Consecration of Lodges
Constitution of Lodges
Constitutions of York -
of Edward HE
Crimes, Masonic -
134
- 167 197
- 33 249
- 327
81
31,83 516
38
479
49
50
54
401
131
25
288
293
42
47
499
566
INDEX.
Deacons of a Lodge og^
Grand 485
Dedication of Lodges 290
Degrees, Divi.-ion into 18
232
469
21
469
194
Demission, Right of - Deputy Grand Master - Dispensations - District Deputy Grand Master Dues, Payment of
E.
Elections
Eligibility for Office Entered Apprentices • Equality of Masons - Eunuchs - -"'.■ Examination of Visitors Exclusion Expulsion -
- 402 193
- 157
34
- 113 211
327, 519 535
Fellow Crafts
Fines not a Masonic Punishment
Free-born ....
172 515 121
G.
God, belief in - Gothic Constitutions Government of the Craft -
" of Lodges -
Grand Lodge, Nature of - Definition of
Powers of - Legislative Powers of Judicial Powers of Executive Powers of Officers of -
Grand Master
Prerogatives of
32
42 20 26 407 420 425 426 435 439 445 446 453
INDEX. 567
Grand Master may convene Grand Lodge - - - - 453
" " may Preside over the Craft 21,454
" " his Right of Visitation 455
" " his Right of Appointment 456
" " may cast Two Votes 457
" " may grant Dispensations -...-. 457
" " may authorize new Lodges • 461
' " may make Masons at sight 462
" " may arrest a Charter 466
" " no Appeal from his Decision 466
" " who succeeds in his absence 468
Idiots cannot be Initiated 117
Illiterate persons should not be Initiated 114
Installation of Officers 294
Interference of one Lodge with smother 30, 149
J.
Junior Deacon 386
Junior Warden 370
Jurisdiction of a Lodge 553
" Personal 554
" Geographical 553
L.
Landmarks -- 15
Lecturer, Grand 480
Authority of ... 483
Qualifications of 483
Legend of Third Degree, a Landmark 19
Lodge, nature of 279
" under Dispensation, Organization of 281
Rights of 299
under "Warrant, Organization of 286
* " " Powers of 308
M.
Madmen cannot be Initiated - .... 117
Marshal, Grand 486
568 INDEX.
Master Mason 179
Master of a Lodgs 343
'* " " who is Eligible 352
" " " Qualifications of 3d0
" " " by whom succeeded - - - - - S64 Master, Grand. (See Grand Master.)
Membership, Right of - - - - 180
Double 187
'
N.
Name of Lodge 322
Notice of Petitions 132
0.
Office, how Terminated 311
Officers of a Lodge 337
" " " elected Annually 339
" " " cannot Resign 311
" " " Installation of 341
Operative Masonry 37
P.
Past Masters - 253
Actual and Virtual 261
Petition of Candidate 122
a Second Time 152
" for Membership 196
Provincial Grand Master 471
Punishments, Masonic - - - 514
Q.
Qualifications of Candidates - - - - 84
" Internal 84
" External - 85
" Moral 90
" Physical 90
« as to Sex 96
" as to Age 97
* as to Bodily conformation 100
" Mental 114
« Political .11?
INDEX.
569
R.
Recognition, modes of, a Landmark - - 17
Regulations of 1G63 48
of 1703 52
of 1717 53
of 1720 - .... 54
of 1721 - 63
Rejection of Candidates for Initiation 149
" " " Advancement ... - 167
Relief, Right of 222
Representation in Grand Lodge - - 320
Reprimand, Private 518
Public olS
Restoration 542
Resurrection, belief in, a Landmark 32
S.
Secrecy of the Institution, a Landmark S3
Secretary of a Lodge 38J
Grand - 477
Senior Warden - .+70
Sight, Masons made at 23, 462
Slaves cannot be Initiated 119
Speculative Masonry 37
Stewards of a Lodge 389
" Grand 489
Succession to the Chair 364
Suspension, Definite - - - ' - - - - - - -528
" Indefinite .-.--.-.. 532
Sword Bearer, Grand 488
T.
Taxing power 331
Tiler of a Lodge 391
" Grand 491
Tiling, necessity of, a Landmark 27
Transfer of Petition to another Lodge ... - 151
Treasurer of a Lodge 379
Grand 475
Trial, form of 558
570 INDEX.
u.
Unaffiliated Masons --------- 2co
" Rights of 275
Unwritten Law of Masonry 13
V.
Visitors to be Examined --------- 30
Visit, Right of 23,203
" how forfeited - 208
Voting, Right of - 193
Vouching, Right of - 21G
W.
Wardens of a Lodge ---------- 370
Grand • '73
Warrant of Constitution 312
Withdrawal of Petitions 130
Worshipful Master 343
Written Law of Masonry - 40
Y.
\;jrk Constitutions -- --- . • . « • &
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