The Principles of Masonic Law: A Treatise on the Constitutional Laws, Usages and Landmarks of FreemasonryMackey, Albert Gallatin
Religion
The Principles of Masonic Law: A Treatise on the Constitutional Laws, Usages and Landmarks of Freemasonry
Mackey, Albert Gallatin
Freemasons -- Legal status, laws, etc.
Section I.
_Of the Form of Trial._
Although the authority for submitting masonic offenses to trials by lodges
is derived from the Old Charges, none of the ancient regulations of the
Order have prescribed the details by which these trials are to be
governed. The form of trial must, therefore, be obtained from the customs
and usages of the craft, and from the regulations which have been adopted
by various Grand Lodges. The present section will, therefore, furnish a
summary of these regulations as they are generally observed in this
country.
A charge or statement of the offense imputed to the party is always a
preliminary step to every trial.
This charge must be made in writing, signed by the accuser, and delivered
to the Secretary, who reads it at the next regular communication of the
lodge. A time and place are then appointed by the lodge for the trial.
The accused is entitled to a copy of the charge, and must be informed of
the time and place that have been appointed for his trial.
Although it is necessary that the accusation should be preferred at a
stated communication, so that no one may be taken at a disadvantage, the
trial may take place at a special communication. But ample time and
opportunity should always be given to the accused to prepare his defense.
It is not essential that the accuser should be a Mason. A charge of
immoral conduct can be preferred by a profane; and if the offense is
properly stated, and if it comes within the jurisdiction of the Order or
the lodge, it must be investigated. It is not the accuser but the accused
that Is to be put on trial, and the lodge is to look only to the nature of
the accusation, and not to the individual who prefers it. The motives of
the accuser, but not his character, may be examined.
If the accused is living beyond the jurisdiction of the lodge--that is to
say, if he be a member and have removed to some other place without
withdrawing his membership, not being a member, or if, after committing
the offense, he has left the jurisdiction, the charge must be transmitted
to his present place of residence, by mail or otherwise, and a reasonable
time be allowed for his answer before the lodge proceeds to trial.
The lodge should be opened in the highest degree to which the accused has
attained; and the examinations should take place in the presence of the
accused and the accuser (if the latter be a Mason); but the final decision
should always be made in the third degree.
The accused and the accuser have a right to be present at all examinations
of witnesses, whether those examinations are taken in open lodge or in a
committee, and to propose such relevant questions as they desire.
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