Manual for

Masonic Trials
by MOST WORSHIPFUL EDMUND COHEN

for the
GRAND LODGE, A.F. & A.M., OF VIRGINIA
RICHMOND, VIRGINIA
by
THE COMMITTEE ON MASONIC EDUCATION

REVISED 2007
(This Manual supersedes the 1989 Handbook for Masonic Trials)
 Manual for Masonic Trials
I. Introduction ....................................... 1
II.The Basics ......................................... 2
III.
The Process ....................................... 4
A. The Pre-Trial Stage ............................. 4
Step 1 —The Accuser. ............................ 4
Step 2 —The Worshipful Master. ............... 4
Step 3 —The Investigating Committee. ........ 5
Step 4 — The Worshipful Master Reviews
the Report. .............................. 6
Step 5 — The Junior Warden Prepares the
Charges. ................................. 6
Step 6 — The Worshipful Master Presents the
Charges and Specifications to the
Lodge. ................................... 7
Step 7 — The Secretary’s Role .................. 8
Step 8 — The District Deputy Grand Master’s
Role....................................... 8
Step 9 — The Grand Master’s Role ............. 8
B. The Trial.......................................... 10
Step 1 — Appointment of the Trial
Commission ............................ 10
Step 2 — The Summons.......................... 13
Step 3 — The DDGM Admonishes the Trial
Commission. ........................... 14
Step 4 — The Trial................................ 15
C. The Post Trial and Appeal Stage ........... 17
Step 1 — Reporting the Trial Results. ......... 17
Step 2 — The Judgment Becomes Final. ...... 18
Step 3 — The Appeal Process ................... 18
Step 4 — The Punishment. ...................... 21
Step 5 — Reinstatement .......................... 22
IV. Appendix—Sample Record of Trial ....... 24
A —Cover Sheet ................................ 25
B —Accusation .................................. 26
C —Charges ..................................... 27
C-1—Additional Sample Charges and
Specifications ............................. 29
C-2—Proof of Service on Accused ........... 31
D —Letter of Appointment .................... 32
E — District Deputy Grand Master’s
Admonition to Commission ............. 33
F —Transcript of Evidence ................... 35
G —Verdict of Commission ................... 36
H — Notice of Verdict by Secretary to
Accused ..................................... 37
I —Letter of Appeal from Accused ......... 38
J —Reprimand .................................. 39
 MANUAL FOR MASONIC TRIALS 1

I. INTRODUCTION
There is often nothing more wrenching in the
life of a Lodge than a Masonic trial. At best, it is a
tragedy for a particular Brother and his friends.
Sometimes factions will develop that can split the
Lodge. Also, there is often great pressure on the
Worshipful Master to take, or not take, certain
steps.
It is important, therefore, for the Worshipful
Master and the Lodge officers to be able to
negotiate these treacherous grounds adroitly and
diplomatically: first, to avoid stress and dissension
in the Lodge; second, to keep the Lodge
functioning efficiently even in these troubled times;
and third, to ensure that at the end of the trial,
there are as few permanent scars as possible.
The source of authority for a Masonic trial is
Section 4 of the Methodical Digest titled, “Masonic
Offenses, Investigations, Charges, Trials, Etc.”
This Manual will provide all you need to know
in order to deal with the tensions and pressures of a
Masonic trial from beginning to end. Keep in mind
that the period before the trial is as important as
the trial itself. The initial steps you take or fail to
take will set the tone and either poison the air and
create divisions within the Lodge or allow you to
proceed without major diversion from your
primary task—running your Lodge and keeping it
strong, united, and active.
Two initial points. First, if there is a difference
between the Manual and the Methodical Digest, the
Methodical Digest is controlling. Second, you can
get procedural help from the Grand Lodge
Committee on Appeals.
2 MANUAL FOR MASONIC TRIALS

II. THE BASICS

Your understanding of Masonic trials begins
with understanding four introductory questions.
The first question: Who can be brought up on
charges? (§4.02)
The simple answer is: any Virginia Mason. In
addition, charges can be brought against:
• A sojourning Mason, while in Virginia;
• An Entered Apprentice or a Fellowcraft;
• And in unusual circumstances, a Mason who
has been demitted or suspended.
The second question is: What is a Masonic
offense?
The answer is very broad. It includes:
• A violation of law.
• A violation of Masonic law.
• A violation of ethical obligations.
Here is how it is framed in Section 4.01 of the
Methodical Digest:
“Masons owing allegiance to the Grand Lodge,
A.F. & A. M, of Virginia, and sojourning Masons
while in the state of Virginia, must obey the civil
law, support the establishment of government,
keep inviolable the mysteries of the Order,
preserve and obey the laws and resolutions of the
Grand Lodge of Virginia, observe the Ancient
Landmarks of Masonry and discharge their duties
and obligations to their families, to each other and
to mankind in general.”
“Willful failure to comply with any of these
requirements shall constitute a Masonic offense and
 MANUAL FOR MASONIC TRIALS 3

subject the offender to Masonic trial, and, if found

guilty, to discipline.”
The third question is: Who can bring charges?
A three-part answer:
• First, any member of a Lodge may prefer
charges for Masonic offenses.
• Second, any officer of a Lodge knowing of a
Masonic offense committed by a member of
his Lodge must prefer charges.
• Third, every Mason (a Virginia Mason or
Sojourner) must notify the Grand Master of
any information concerning a felony
conviction of a Lodge member or sojourner
by any State or Federal Court.
And the fourth question is: Where should
charges be brought?
The answer is found in Section 4.02, which says
that an officer or member of a Lodge may make
written accusation against a Mason for offenses
committed within the jurisdiction of the Lodge.
With respect to a sojourning Mason who commits
an offense in Virginia, the Lodge in which the
charges should be brought would be the Lodge
closest to where the offense occurred. With respect
to a Virginia Mason, the charges should be brought
would be the Lodge where the Mason is a member.
Keep in mind one small technical point. When
we say “prefer charges,” we really mean “make an
accusation” because the actual charges are brought
by the Junior Warden at a later stage in the
proceedings.
4 MANUAL FOR MASONIC TRIALS

III. THE PROCESS

Now that you know the basics, let us proceed to
the process itself, which can be divided into three
parts: the pre-trial stage, the trial itself, and the
post trial, appeal stage.
A. THE PRE-TRIAL STAGE
At the pre-trial stage, there are seven players
and nine steps:
Step 1 – The Accuser
It all starts here with a written accusation given
to the Worshipful Master. (§4.02)
Nothing very fancy is required— it's your basic
“who-what-when-and where;” that is— the charge
and the specifics. [See Appendix B]
If, in the rare case, the matter is not proper to
be written—for example, it relates to the unwritten
work—the accusation can be reported orally to the
Worshipful Master of the Lodge having jurisdiction.
Step 2 – The Worshipful Master
Upon receipt of the accusation, the Worshipful
Master takes four actions: (§4.04)
• He appoints a three member Investigating
Committee.
(The appointment decision is very important
and the Worshipful Master should appoint
Masons who possess maturity, tact, discretion,
intelligence, and the ability to draw reasonable
conclusions from the evidence.)
• He instructs the Committee on its duties.
 MANUAL FOR MASONIC TRIALS 5

• He gives the Committee a date by which it

should complete its work so the matter does
not drag on unduly.
• He alerts the Junior Warden.
Step 3 – The Investigating Committee
As its name implies, this Committee investigates
the accusations:
What are the facts? Did the event occur?
The Committee should meet separately with the
accuser, the accused, and any witnesses. It does
not function as a jury with respect to the question
of guilt or innocence, but simply seeks to
determine if there is a sound basis for the charges.
There are three possible outcomes:
First, if the offense concerns a personal matter
between the two Brethren, the accused and the
accuser, the Committee should try to reconcile the
Brethren, If reconciliation can be achieved, the
Committee obtains a written withdrawal of the
accusation from the accuser. This letter is included
in the Committee's report to the Worshipful Master
and the matter will be considered closed. (§4.05)
Second, if after reviewing the facts, the
Committee finds that no Masonic offense has been
committed, it would so report to the Worshipful
Master.
Finally, if the Brethren cannot be reconciled, or
if the offense is not a personal one appropriate to
be reconciled, and the Committee believes the
offense has been committed, it would so report to
the Worshipful Master.
6 MANUAL FOR MASONIC TRIALS

Step 4 – The Worshipful Master Reviews The

Report
The Worshipful Master examines the
Committee’s report.
If he agrees that it was a personal offense and it
has been reconciled, that's the end of it.
If he concurs with a report of: no offense
found, he advises the accuser. If the accuser still
wishes to pursue the matter, he can appeal through
the District Deputy Grand Master (DDGM) to the
Grand Master.
Finally, if the Worshipful Master agrees with
the Committee that a Masonic offense has been
committed and no reconciliation has taken place,
he must turn the matter over to the Junior Warden.
It is important to note that while the Worshipful
Master generally can be expected to adopt the
recommendations of his Investigating Committee,
he is under no obligation to do so. He is free to
disagree with the Committee's findings and
recommendations. He can find there is no basis for
charges and so notify the accuser, or he can find
there is a basis and direct the preparation of
charges.
Note also that if the matter concerns the
conviction of a felony, the matter is sent directly to
the Grand Master. There is no need for an
Investigating Committee or any other Lodge
action. (§4.02)
Step 5 – The Junior Warden Prepares the
Charges
If the matter has not been disposed of, the
Worshipful Master instructs the Junior Warden to
 MANUAL FOR MASONIC TRIALS 7

prepare and deliver to him, in writing, charges

“with specifications of circumstances or acts
supporting the charges.” (§4.05) At this point, an
accusation actually becomes a Masonic charge.
If the accuser stated his accusation thoroughly,
or if the Investigating Committee report is well
written, there will not be much that the Junior
Warden need do—but basically, what is required of
the Junior Warden clearly describe each charge.
He will state that a violation of Sec. 4.01 has
occurred— that is the section referenced earlier—
and then, state specifically what was done. This
portion is “the who, what, when and where.”
There may be more than one charge: stealing,
public brawling, and vandalism. [See Appendix
C-1 for sample charges and specifications.]
Under one charge, there may be more than one
specification. For example, stealing from the
Steward's Fund collection might be the charge.
The specifications may be that this event occurred
on July 1, again on July 10, and again on August
5.
The Junior Warden puts all of this information
in the form of a signed letter or report to the
Worshipful Master.
Step 6 – The WM Presents the Charges and
Specifications to the Lodge
At the next stated communication after the
Worshipful Master has received the charges and
specifications from the Junior Warden, he presents
them to the Lodge. They are entered into the
minutes without discussion—and they cannot be
withdrawn except by unanimous consent of the
Lodge at a stated communication. (§4.05)
8 MANUAL FOR MASONIC TRIALS

Step 7 – The Secretary’s Role

Within ten days after the stated communication
at which the charges are entered into the minutes,
the Secretary must:
1. Transmit the charges and specifications as
prepared by the Junior Warden, under the
Lodge seal, to the District Deputy Grand
Master.
2. Notify the accused in writing that charges
have been prepared, and also notify any
other Lodge which may have jurisdiction.
Step 8 – The District Deputy Grand Master’s
Role
The District Deputy Grand Master (DDGM)
must do six things within ten days of receiving the
charges and specifications (§4.07). He must:
1. Review the documentation.
2. Add a synopsis or summary of the case.
3. Add anything he may know about the
circumstances.
4. State whether he has any personal interest
in the case or is related to either the accused
or accuser.
5. Recommend whether he believes a Masonic
trial should be held.
6. Forward his report and all the materials on
the case to the Grand Master.
Step 9 – The Grand Master’s Role
Upon receipt of the material, the Grand Master
has to make a decision (§4.07).
He can decide that there is an inadequate basis
for a Masonic trial, in which case he so notifies the
 MANUAL FOR MASONIC TRIALS 9

DDGM, who then informs the Secretary of the

Lodge, who notifies the accused and accuser and
that is the end of the matter.
Or he can decide that a trial is warranted, in
which case he will return the case material, and the
charges and specifications to the DDGM who sent
it to him or to any other DDGM, if he decides the
trial should be held in another district, and he will
direct the DDGM in question to form a trial
commission. The Grand Master also retains the
inherent power to appoint the Trial Commission on
his own.
One reason a case might be referred to another
DDGM would be that the DDGM who referred the
matter had a personal interest in the case. In order
to maintain fairness and impartiality, the Grand
Master would refer the matter to the DDGM in the
next closest district. Similarly, a trial might be held
other than in the district in which the charges
originated to ensure an unbiased, impartial
environment in order to achieve Masonic justice.
Note that in the case of a felony conviction,
regardless of whether or not sentence was imposed,
the Grand Master would not order a Masonic trial,
but instead, would forward a copy of the
conviction to the Brother in question and give him
40 days to show cause why he should not be
expelled from the Craft. (4.07) Absent a response
sufficiently persuasive to the Grand Master, he will
be expelled—or in the case of a sojourning Mason,
his Grand Lodge will be informed.
When the Grand Master returns the materials to
the DDGM with orders to form the Trial
Commission, the pretrial stage is over and we
move to the trial phase of the proceedings.
10 MANUAL FOR MASONIC TRIALS

B. THE TRIAL
The trial process involves four steps or stages.
Step 1 – Appointment of the Trial Commission
The Methodical Digest in Section 4.08 provides
that the Trial Commission must consist of five Past
Masters (of course, they also may be Past District
Deputy Grand Masters or Past Grand Masters).
Two of the five must be members from the
district in which the charges originated (no matter
where the trial actually is held). The other three
appointments can come from any district within the
Commonwealth of Virginia.
There are, however, limitations:
• No member of the Trial Commission can be a
member of the Lodge in which the charges
originated, or of the Lodge in which the
accused or the accuser is a member.
• No member of the Trial Commission can be a
relative of any interested party.
All of these rules are perfectly reasonable, but
they will typically eliminate members from one,
two, or more Lodges in the district.
Section 4.08 provides that the DDGM is to
contact those selected to serve, follow up with a
letter appointing the Chairman and members of the
Trial Commission, and direct them to hear the
charges against the accused. [See Appendix D]
A copy of the appointment letter is sent to the
Chairman, each member of the Trial Commission,
the accused, and the Junior Warden.
One final point: generally, the senior Past
Master will be designated as the Chairman unless
 MANUAL FOR MASONIC TRIALS 11

the DDGM or the Grand Master desires to appoint

another more junior Past Master, whose special
qualifications (such as being an attorney or judge)
would better serve the interests of the Fraternity.
Now, let us examine the roles assigned to the
Trial Commission, the Accused, and the Lodge
at this stage.
a. The responsibilities of the Chairman of the
Trial Commission are to:
• Serve as a judge, ruling on the admissibility of
evidence, and ruling on what questions will be
allowed to be asked by either side or by
members of the Commission.
• Advise the accused as to his rights.
• Issue summonses for witnesses, particularly
on behalf of the accused.
• Make certain that both the accused and the
Lodge have notice of the time and place of the
Commission's meetings.
o Note: the place selected must be located
within the Masonic district where the
charges originated, or in which the Grand
Master determined the charges were to be
tried. (§4.08).
o Generally, the Chairman selects a Lodge
room because the trial is tiled.
• Decide to delay the hearing for good reason,
at the request of either the accused or the
Lodge (for example, because of illness of a
necessary party, or absence of a witness).
• Prepare the trial record, including the
transcript and ensure its accuracy. Note, you
can either have a Brother who is a court
12 MANUAL FOR MASONIC TRIALS

reporter be responsible for the transcript or

you can tape the trial and use the tape in lieu
of a written transcript.
b. What are the responsibilities of the members
of the Trial Commission?
• They serve as a jury, hearing the evidence and
determining the facts of the case.
• They deliberate in closed session to decide the
question of guilt or innocence, and also to
decide on the appropriate punishment, of
which there are only three:
o Reprimand;
o Suspension; or
o Expulsion.
• The Chairman, during these closed sessions,
is like a jury foreman, and has a single vote
like the other members.
• After the trial is over, the members of the
Trial Commission are not to discuss the case
with others, whether or not they are Masons!
c. How about the accused? He has the right to:
• A copy of the charges against him.
• Time to prepare his defense.
• Be represented by a brother Master Mason,
affiliated with a regular Lodge, who may or
may not be an attorney.
• Have the Commission summon witnesses in
his behalf.
• Cross-examine the witnesses against him.
• Appeal, if found guilty.
Note, if the accused is the Worshipful Master or an
officer, he can no longer act in his official capacity
 MANUAL FOR MASONIC TRIALS 13

after charges have been presented until he is

found not guilty. (§4.06)
d. The responsibilities of the Lodge are dis-
charged by the Junior Warden who brings the
charges and ordinarily serves as the prosecutor.
But where appropriate, another Brother may be
delegated the duty to prosecute the charges as the
representative of the Junior Warden.
Step 2 – The Summons
Both the accused and the Junior Warden or his
representative should be served with a notice of the
time and place of the trial at least ten days in
advance.
In addition, witnesses need to be summoned:
• Witnesses for the accuser are identified by the
Junior Warden or his representative.
Generally, these witnesses for the Lodge are
summoned by the Secretary under the seal of
the Lodge. (§4.08, 1932 D.20).
• Witnesses for the accused can be identified by
the accused or by the Trial Commission.
Generally, they are summoned by the
Chairman of the Trial Commission.
• Finally, the Trial Commission, on its own,
may summon additional witnesses, if it is not
satisfied that the truth has been established.
The summons or notice can be served in two
ways:
It can be personally served by the Tiler or other
Master Mason so designated by the Worshipful
Master by delivering a copy to the accused in
person, or if he cannot be found, by leaving a copy
14 MANUAL FOR MASONIC TRIALS

at his last known residence with some adult

member of his family. (§4.10)
A summons issued by the Trial Commission,
may also be sent registered mail, return receipt
requested, to the last known address. (§4.10)
Neither the Lodge nor the Trial Commission has
authority to summon non-Masonic witnesses, but,
of course, can request that they appear.
Step 3 – The DDGM Admonishes the Trial
Commission
Having a Lodge member under charges often is
traumatic and divisive. It is stressful for the
accused and awkward for the Lodge and the other
Brethren. Justice demands that the matter be
resolved as rapidly as possible and, if there has
been proper investigation at the earlier stages,
there generally is little excuse for delay.
The role of the DDGM, at this point, is to
ensure prompt action by the Trial Commission,
consistent with the needs of the Lodge to prepare
its case and the accused his defense.
The DDGM should insure that the appointed
Trial Commission organizes itself and meets, and
he is to attend its initial meeting for the purpose of
admonishing—that is charging or instructing—the
Commission on its duties and responsibilities.
(§4.11)
The admonition should be in writing and read to
the Commission. After reading the admonition [See
Appendix E] to the members, a copy should be
left with the Chairman for inclusion in the record
of trial. The DDGM should depart and NOT seek
to participate in the Commission's hearing or its
deliberations.
 MANUAL FOR MASONIC TRIALS 15

His job is to stay in contact with the Chairman

to ensure that the case is being promptly heard, and
that the trial record is being prepared.
Step 4 – The Trial
With the exception that the technical rules of
evidence do not apply, a Masonic trial, in most
respects, is not very different from other trials with
which we are familiar:
• The Chairman of the Trial Commission is in
effect the judge.
• The members of the Commission function as
the jury.
• The Junior Warden or his representative
serves as prosecutor.
• The accused is the defendant
At the beginning of the trial, the Chairman asks
the accused how he pleads.
If he pleads guilty, there may be no need to
introduce evidence, except perhaps relating to
extenuation and punishment. The proceedings
would close, and the Commission would retire to
enter its verdict and sentence. (§4.13)
If the plea is “not guilty,” then the Lodge
bringing the case for the accuser, generally
represented by the Junior Warden, would present
its case. It would introduce its evidence, present its
documents and call its witnesses, who, of course,
will be cross-examined by the accused or this
representative.
Note, a Master Mason who testifies need not be
sworn, but all other witnesses must be sworn (or
must affirm), and this process must be done by
someone legally authorized to administer oaths,
16 MANUAL FOR MASONIC TRIALS

i.e., a notary public, clerk of court, or Judicial

officer.
In addition, unless the Trial Commission
specifically decides otherwise, all witnesses are
examined separately and apart. Witnesses are not
permitted to be present and listen to the testimony
of other witnesses.
After the accuser has presented his case, the
accused presents his evidence. If any new matters
were brought out by the accused, the accuser is
allowed to offer rebuttal evidence.
Once all of the evidence has been heard, the
accused and the accuser have the opportunity to
present closing arguments. (§4.14)
The Commission then goes into closed session
to reach a verdict and decide on the punishment if
the verdict is “guilty.”
Note, the accuser and the accused, together with
their representatives, have a right to be present
during the trial, but everyone is excluded during
the closed sessions when the Commission
deliberates on the verdict and the punishment.
At these deliberations, there is first a full
discussion of the charges and the evidence, and
then each member votes on guilt or innocence. The
standard to convict is by “a preponderance of the
evidence” not the more stringent criminal standard
of “beyond a reasonable doubt.”
The Chairman and members of the Trial
Commission vote separately on each charge and on
each specification. A majority vote is needed to
convict. Note, however, three members of the
Trial Commission constitute a quorum.
If the Trial Commission finds the accused
guilty, they then fully discuss punishment, and the
 MANUAL FOR MASONIC TRIALS 17

Chairman and each member vote by secret ballot

on the punishment.
First, they vote on the lightest punishment, a
reprimand. If a majority vote for that punishment,
that is the sentence of the Commission.
If there is no majority for that punishment, they
next vote on suspension, and if there still is no
majority, they vote on expulsion. The voting
continues until a majority of the Commission has
adopted a punishment.
After the Commission has reached its verdict
and sentence, if any, the Commission returns and
announces the judgment with both the accused and
accuser present.
Note, the expenses of the trial, such as the
preparation of the record, are to be borne by the
Lodge in which the charges are brought. If the
Lodge is unable to pay these expenses, application
may be made to the Grand Master for relief and
such a request needs the recommendation of the
DDGM. (§4.15)
On the other hand, while both the Lodge and the
accused may each designate a Master Mason in
good standing to represent them and serve as
counsel at the trial, if counsel charges for his
services, the Grand Lodge will not bear this
expense.
C. THE POST TRIAL AND APPEAL STAGE
Step 1 – Reporting the Trial Results
Once the trial is over, the Chairman of the Trial
Commission must produce three copies of its
18 MANUAL FOR MASONIC TRIALS

finding—the verdict and the punishment. (§4.14)

[See Appendix G]
One copy is sent to the Grand Secretary's office
for permanent retention. Accompanying this copy
are all the trial records, papers, and evidence—
including the transcript—either the tape recording
of the trial or the transcribed court reporter's
notes. [See Appendix F]
A copy is sent to the Lodge where the charges
originated.
A copy also is sent to the DDGM in whose
district the Lodge is and to the DDGM in whose
district the charges were tried, if that was in a
different district.
Step 2 – The Judgment Becomes Final
When the Secretary receives the judgment of the
Trial Commission, he is required to notify the
accused [See Appendix H] and, at the next stated
communication, report the judgment of the Trial
Commission to the Lodge.
Sixty days after he makes this report to the
Lodge, the judgment is recorded in the minutes of
the Lodge and that judgment is final—unless the
Lodge has been notified that an appeal will be
taken. (§4.15)
Pending an appeal from a sentence of
suspension or expulsion, the accused's status is that
of a Master Mason under charges. He is a
member, but he does not have the right to attend or
visit any Lodge. (§4.18)
Step 3 – The Appeal Process
Both the accused and the accuser can appeal the
decision of the Trial Commission (§4.15). It is
 MANUAL FOR MASONIC TRIALS 19

appropriate for the DDGM to inform, or at least

ensure, that the Secretary of the Lodge informs,
both the accused and the accuser of their appeal
rights and the applicable procedures.
These are:
• Within sixty days after receipt of the judgment
of the Trial Commission, the accused and/or
accuser must give notice of intention to appeal
in writing to the Lodge, where it is entered
into the minutes at the stated meeting at which
it is received. [See Appendix I]
o The notice of appeal is simply a signed,
dated letter from the accused or accuser
stating that he wants to appeal the verdict of
the Trial Commission.
o Either party would be well advised to
include with the notice of appeal a well
written, well reasoned, and persuasive
argument as to why the verdict should be
overturned.
• Once the Secretary receives the notice of
appeal, he sends it, along with a copy of the
judgment of the Trial Commission, to the
Grand Master through the DDGM. He also
notifies the Grand Secretary.
• The Grand Secretary immediately sends to the
Grand Master all of the trial records which he
previously received from the Chairman of the
Trial Commission and then the Grand Master
has two choices.
o He can personally consider the appeal, in
which case he reviews the record and
renders his decision, and that is the end of
the process.
20 MANUAL FOR MASONIC TRIALS

o Or he can refer the appeal to the Grand

Lodge Committee on Appeals.
• When a case is referred to the Committee on
Appeals, it reviews the record and, prior to
the Grand Annual Communication of the
Grand Lodge, holds a hearing at which both
the accused and the Lodge (through its
representative) may appear to give their
arguments. This hearing is open to all Master
Masons.
• After hearing the arguments, the Committee
by majority vote will recommend either that
the verdict be affirmed or that a new trial be
held.
• This recommendation by the Grand Lodge
Committee on Appeals must be approved at a
session of the Grand Annual Communication
of the Grand Lodge.
One additional situation, while not exactly an
appeal, involves related post-trial relief. This is a
case in which the accused could not be found, the
summons was not actually served on him in
person, and the trial was held and, thereafter, the
accused learns of the conviction.
If within sixty days of learning of his
conviction, the accused can demonstrate to the
DDGM or to the Grand Master that he did not
receive a summons or notice in time to be present
at the trial, or that he was too ill to attend, the trial
may be reopened and the accused may be afforded
a new trial. (§4.16)
 MANUAL FOR MASONIC TRIALS 21

Step 4 – The Punishment

We are now almost at the end of the process.
The trial is over and the appeal, if any, is
concluded—what's next? If upon appeal a new
trial is ordered, the process reverts back to an
earlier state, affording a retrial.
If there has been no appeal or if the judgment of
the Trial Commission is affirmed, subsequent
actions are determined by the verdict:
If the verdict is “not guilty, the “not guilty”
verdict is recorded on the margin of the minutes
which contain the original accusation. The verdict
is final and the accused cannot be subjected to
further trial or review on those charges by any
Mason or Masonic body.
If the verdict is “guilty” and the punishment is
“reprimand,” the Worshipful Master prepares the
reprimand. [See Appendix J]
• He summons the accused to appear at the next
stated communication, after the conclusion of
the trial or after the Trial Commission
judgment is affirmed upon appeal.
• The Worshipful Master calls the accused to
the altar and in open Lodge reads the
reprimand to him. The reprimand is then
included in the minutes.
Note, if the accused fails to appear to receive
the reprimand, that failure is a separate Masonic
offense for which the accused may be subject to
trial.
Finally, if the verdict is “guilty” and the
punishment is “suspension” or “expulsion,” then
the accused is either suspended indefinitely or
22 MANUAL FOR MASONIC TRIALS

expelled. This action is recorded in the minutes

and reported to the Grand Secretary. The accused
is no longer affiliated with the Lodge, and he is
also suspended from the rights and benefits of
Masonry worldwide.
Step 5 – Reinstatement
Is this really the end? No!
The accused, suspended for un-Masonic
conduct, can make application to the DDGM, six
months after the date of suspension (§4.25), for
reinstatement to the rights and benefits of Masonry
and if he wants, also for restoration to membership
in the Lodge (§4.30).
The DDGM refers the application to the Lodge
of which the applicant was a member (§4.31). The
petition is read in open Lodge, and notice must be
given to all members that the petition has been
received. It is laid over, and then by unanimous
vote of the members present, the rights and
benefits of the suspended Brother can be reinstated.
If the applicant petitioned for restoration to
membership as well as reinstatement, the
Worshipful Master may order a single ballot to
consider both requests. (§4.28). However, the
Worshipful Master would be wise to separate the
requests, for the Lodge may well vote to reinstate
the suspended Brother to rights and benefits of
Masonry but be unwilling to restore the Brother to
membership in the Lodge.
If the ballot is not clear, the Brother cannot
apply again for six months. (§4.25)
The same procedure applies in the case of
expulsion, except that the individual cannot apply
for reinstatement until twelve months after the
 MANUAL FOR MASONIC TRIALS 23

expulsion, and if the ballot is not clear, must wait

another twelve months before reapplying. (§4.25)
Two final points of Masonic law.
First, if the expulsion was for the conviction of
a felony, the individual cannot be restored to
membership in any Lodge so long as that
conviction remains in effect.
Second, if an individual who has been
suspended or expelled applies for reinstatement to
the rights and benefits of Masonry and is rejected,
he can appeal through the DDGM to the Grand
Lodge. (4.32)
In that event, the Grand Master may decide the
case personally or refer it to the Grand Lodge
Committee on Appeals, and the matter is handled
in the same manner as in the case of an appeal
from the verdict of the Trial Commission. This
process is available whether or not the individual
had appealed the original Trial Commission
decision.
Of course, if Grand Lodge does reinstate the
Brother to the rights and benefits of Masonry, that
does not restore him to membership in the Lodge,
and if he either is rejected by his Lodge for
restoration of membership or chooses not to apply,
he would be a non-affiliate with the right to apply
to a Lodge for membership.
Having read this Manual, you now know what
you need to know about Masonic trials, but it is
hoped that you will have no occasion to use any of
this knowledge or information, and that peace and
harmony will reign in your Lodge.
24 MANUAL FOR MASONIC TRIALS

IV. APPENDIX
Sample Record Of Trial
The record of trial should be bound at the top
and should have a cover giving the name of the
prosecuting Lodge, the name of the accused, and
the date of the trial. It is prepared in triplicate,
including the transcript of testimony in the event an
appeal is filed. If no appeal is filed, the record
should be forwarded to the Grand Secretary. Tapes
may be used in lieu of a written transcript.
The record must contain the following items:
a. Cover sheet
b. Copy of Accusation
c. Copy of charges and proof of service on
accused
d. Copy of letter appointing Commission
e. Copy of District Deputy Grand Master's
admonition to Commission
f. Copy of transcript of evidence (or tapes)
g. Copy of verdict of Commission with
signatures of each member of Commission on
verdict and sentence.
h. Copy of notice of verdict by Secretary to
accused
i. Notice of appeal, if any
j. Reprimand
The following pages offer a guide to a record of
trial, assembled in proper order. (Parenthetical
entries should be omitted.)
 MANUAL FOR MASONIC TRIALS 25

A – COVER SHEET

MASONIC TRIAL
IN THE CASE OF
Lodge No.

vs.

Brother A. B., member of

Lodge No.

located at
26 MANUAL FOR MASONIC TRIALS

B – ACCUSATION
Month/Day/Year

Worshipful Master
Lodge No.
Some Town, Virginia

Dear Worshipful Sir:

I accuse Brother A. B. of having unlawful
carnal communication with my wife, [name], on
the night of [Month/Day/Year], at the XYZ Motel
Some Town, Virginia. The incident was witnessed
by Brother C. D., 1234 View Avenue, Some
Town, Virginia, a police officer called to the
premises by the manager. I wish charges to be
preferred against Brother A. B.

Sincerely and fraternally,

E. F.
Lodge No.
3421 View Avenue
Some Town, Virginia [zip code]
 MANUAL FOR MASONIC TRIALS 27

C – CHARGES
(NOTE: These sample specifications are intended
to give the Junior Warden some notion of how
various charges should be drafted. They are not
intended to be an exclusive list of Masonic
offenses. Appropriate blanks should be filled in
with the name of the offender, his Lodge, the place
and date of the offense, and the acts that constitute
the offense. The idea is to give the accused and the
members of the Trial Commission fair notice of the
acts with which the accused is charged and on
which he must be tried.)

Month, Day, Year

TO THE WORSHIPFUL MASTER, WARDENS,

AND BRETHREN OF
Lodge No. A.F. & A.M.

Brother A. B., a member of

Lodge No. , A.F. &
A.M., Some Town, Virginia, is hereby charged
with the following Masonic offense:

CHARGE: VIOLATION OF SECTION 4.01,

METHODICAL DIGEST OF THE GRAND
LODGE OF VIRGINIA.

SPECIFICATION: In that Brother A. B., a

member of Lodge No. ,
Some Town, Virginia, did at the XYZ Motel,
Some Town, Virginia, on or about Month, Day,
Year, have unlawful carnal communication with
28 MANUAL FOR MASONIC TRIALS

Mrs. E. F., the wife of a Master Mason, knowing

her to be such.

/s/ Charles Smith

/s/ Junior Warden
/s/ Lodge No.
/s/ Some Town, Virginia
 MANUAL FOR MASONIC TRIALS 29

C-1 – Additional Sample Charges and

Specifications
CHARGE: VIOLATION OF SECTION 4.01,
METHODICAL DIGEST OF THE LAWS OF
THE GRAND LODGE OF VIRGINIA:

SPECIFICATIONS:

2) In that Brother , a member of

Lodge No. , was, on or about
[Month/Day/Year], at [location], convicted of a
criminal offense, to wit: , by the Circuit
Court of the XXnd Judicial Circuit of the Com-
monwealth of Virginia and sentenced to .

3) In that Brother , a member of

Lodge No. , was, on or about
[Month/Day/Year], at [location], drunk and
disorderly in a public place.

4) In that Brother , a member of

Lodge No. , did, on or about
[Month/Day/Year], at [location], fail to maintain
and support his wife (and children), thereby
disgracing himself publicly and bringing discredit
on the Masonic Fraternity.

5) In that Brother , a member of

Lodge No. , did, on or about
[Month/Day/Year], at [location], wrongfully and
dishonorably fail to pay an indebtedness to
Brother , in violation of his
obligations as a Mason.
30 MANUAL FOR MASONIC TRIALS

6) In that Brother , a member of

Lodge No. , was, on or about
[Month/Day/Year], at [location], disorderly in his
conduct in Lodge, thereby disrupting its
proceedings.

7) In that Brother , a member of

Lodge No. , did, on or about
[Month/Day/Year], at [location], abandon a
cardinal principle of Freemasonry, to the disgrace
of the Masonic Fraternity, in that he publicly
avowed his atheism.

8) In that Brother , a member of

Lodge No. , did, on or about
[Month/Day/Year], at [location], wrongfully
violate his Masonic obligation in a manner not
permitted to be written, but orally communicated
to him and to be orally communicated to the
necessary officers of his Lodge, of the Grand
Lodge of Virginia, and to the Commission upon his
trial.
 MANUAL FOR MASONIC TRIALS 31

C-2 – PROOF OF SERVICE ON ACCUSED

I certify that I served a copy of the above
charges on Brother A. B. personally at his
residence in Some Town, Virginia, on
Month/Day/Year.

/s/ [NAME]
Tiler
Lodge No.
Some Town, Virginia
32 MANUAL FOR MASONIC TRIALS

D – LETTER OF APPOINTMENT
Month, Day, Year

TO THE WORSHIPFUL SIRS NAMED HEREIN:

Pursuant to the authority vested in me by
Section 4.08 of the Methodical Digest of the Grand
Lodge of Virginia, A.F. & A.M., you are hereby
appointed as Chairman and Members of a Trial
Commission for the trial of Brother A. B., a
member of Lodge No. ,
located at , Virginia, on charges of un-
Masonic conduct. This trial will be conducted as
soon as practicable, and the Chairman will notify
me of the date and time of its initial session.
CHAIRMAN
Worshipful Brother M. N., Lodge No.
MEMBERS
Worshipful Brother O. P., Lodge No.
Worshipful Brother Q. R., Lodge No.
Worshipful Brother S. T., Lodge No.
Worshipful Brother U. V., Lodge No.
Prior to meeting, you should study the
provisions of the Methodical Digest and the
Manual for Masonic Trials.

Sincerely and fraternally,

[Your Name]
District Deputy Grand Master
Masonic District
 MANUAL FOR MASONIC TRIALS 33

E – DISTRICT DEPUTY GRAND MASTER’S

ADMONITION TO COMMISSION
Month, Day, Year

My Brethren, you are about to commence one

of the most serious duties that a Mason is ever
called on to perform—that of judging a Brother
Mason. Before you begin this serious and solemn
duty, I must admonish and charge you with certain
matters.
First, this trial must be conducted in accordance
with the laws of the Grand Lodge of Virginia, and
you must not permit any legal procedure that is not
in accord with those laws. Your Chairman is
vested with the authority of a judge, and he will
rule and govern the procedure of the trial and the
taking of evidence to the end that justice may
prevail. Witnesses for the accused must be
summoned by the Commission upon the request of
the accused or his representative.
Second, it is not necessary to swear any Master
Mason who shall give evidence in this case, but
every profane must be sworn by some person
legally authorized to give oaths. Neither the Lodge
nor the accused may be represented by anyone who
is not a Master Mason, affiliated with a regular
Lodge.
Third, the accuser and the accused, together
with their representatives, have a right to be
present during the period in which the Commission
is hearing evidence in the case. During closed
sessions and deliberations, everyone will be
excluded while the Commission reaches its verdict.
34 MANUAL FOR MASONIC TRIALS

Fourth, the Commission will cause a verbatim

record to be made of the evidence presented and
arguments made before it, or so much thereof
which may properly be recorded, have the same
transcribed and forward the transcript, together
with three copies of the Commission's findings and
sentence, to the District Deputy Grand Master. If
the verdict is not guilty, or if there is to be no
appeal, the evidence still must be transcribed, and
three copies must likewise be furnished.
Fifth, I admonish and charge each of you to
remember that every question has two sides and
that your duty to the Fraternity will be fully
discharged only when you have reached a verdict
that contains a full measure of justice to the
Institution of Freemasonry in general, to the Lodge
that brought the charges, and to the accused in
particular. When you have reached your verdict,
communicate it in the manner and form indicated
in the Methodical Digest and this admonition.

[Your Name]
District Deputy Grand Master
Masonic District
 MANUAL FOR MASONIC TRIALS 35

F – TRANSCRIPT OF EVIDENCE
Brother C. D., a member of
Lodge No. , was called as a witness and
testified as follows:

Q. Your name and Lodge?

A.
Q. Are you married to Marie D.?
A. Yes.
Q. Etc.

Ms. E. F. was called as a witness, was sworn

by Brother H. S., a Magistrate for the Judicial
District, and testified as follows:

Q. Your name and address?

A.

(The transcript continues until all of the

evidence for both sides has been recorded in
verbatim form.)
36 MANUAL FOR MASONIC TRIALS

G – VERDICT OF COMMISSION
Month, Day, Year

We, the Trial Commission appointed to hear the

case of Lodge No. versus
Brother A. B., find the accused guilty as charged
and fix his punishment as expulsion from the
Fraternity.

/s/ /s/
Chairman Member

/s/ /s/
Member Member

/s/
Member
 MANUAL FOR MASONIC TRIALS 37

H – NOTICE OF VERDICT BY SECRETARY

TO ACCUSED
Month, Day, Year

Brother A. B.
123 Elm Street
Some Town, Virginia

Dear Brother A B:

This is to notify you officially that on [Month,

Day, Year], you were found guilty by a Trial
Commission of un-Masonic conduct and sentenced
to expulsion from the Fraternity. You have sixty
(60) days from the date on which you receive this
letter to send me a letter stating that you intend to
appeal this verdict to the Grand Master.

Sincerely and fraternally,

/s/ [name]
Secretary
Lodge No.
38 MANUAL FOR MASONIC TRIALS

I – LETTER OF APPEAL FROM ACCUSED

Brother A. B.
123 Elm Street
Some Town, Virginia
Month, Day, Year

Secretary
Lodge No.
Some Town, Virginia [zip code]

Dear Worshipful Sir:

I wish to appeal the verdict of the Trial
Commission against me on Month, Day, Year.
This appeal is being filed within the sixty day
period, after which I was officially notified by you
of the verdict.

Sincerely and fraternally,

/s/ A. B.
 MANUAL FOR MASONIC TRIALS 39

J –REPRIMAND
Brother A. B. you have violated your Master
Mason's most solemn obligation. You have been
found guilty of this very serious offense by a trial
commission. All Master Masons are expected and
required to abide by their obligation. No power on
earth has the authority to free a Master Mason
from his obligation.

WHEREAS, you have apologized for the

conduct in question, and

WHEREAS, you have given your solemn word

this type of conduct will not occur again, and

WHEREAS, our obligation requires us to

whisper good counsel in a Brother's ear, admonish
him of his error and aid a reformation,

NOW, THEREFORE, I, ,
Worshipful Master, do hereby order this reprimand
to be made a part of the minutes and that you be
seriously admonished that any further such
violation could result in your suspension from the
rights and benefits of, and membership in, any
Masonic Lodge.

/s/ [name]
Worshipful Master
40 MANUAL FOR MASONIC TRIALS

NOTES