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.

When the trial is concluded, the accused and accuser should retire, and the Master or presiding officer must then put the question of guilty or not guilty to the lodge.  Of course, if there are several charges or specifications, the question must be taken on each separately.  For the purposes of security and independence in the expression of opinion, it seems generally conceded, that this question should be decided by ballot; and the usage has also obtained, of requiring two-thirds of the votes given to be black, to secure a conviction.  A white ball, of course, is equivalent to acquittal, and a black one to conviction.