SECTION I
Of the Powers and Mode of proceeding thereon, in Subordinate Lodges.
1st. Every Lodge under the jurisdiction of this Grand Lodge shall have full power and authority to enquire into, and punish un-Masonic conduct in any of its members, except Masters of Lodges and regular Past Masters: provided they do not interfere in disputes between brethren of a pecuniary nature, and in these only by request, or consent of all parties interested.
[239] 2d. In hearing all complaints and punishing delinquents, according to the laws of the Craft, they are to adhere most religiously to the old Hebrew regulation, viz: " If a complaint be made against a brother, and he be found guilty, he shall stand to the determination of the Lodge; but if the accuser or complainant cannot support his charge, and it should appear to the Lodge to be groundless, being the result of hatred, malice or some unwarrantable passion, he shall incur such penalty as the accused would have done, had he been duly convicted."
3d. Every Lodge possesses an inherent power of suspending or expelling members, for a non-compliance with its Rules and By-Laws; and of enacting and enforcing its regulations, with respect to monthly, quarterly, and annual fees.
4th. Should any brother resident in Virginia, who may not belong to any Lodge under the jurisdiction of this Grand Lodge, deport himself so immorally as to merit the reprobation of his brethren, the Subordinate Lodge nearest to the place of his residence, shall have power to take cognizance of such reprehensible conduct, in the same manner as if the said brother were a member of that Lodge.
5th. Every brother who may be charged with un-Masonic conduct, shall in due time be furnished with a copy of the charges to be exhibited against him, if they be of a nature that will admit of being written; and if they be not, the said charges shall be made known to him by a committee, to be appointed for that purpose.
6th. Should any brother whose conduct has been regularly impeached, fail to attend the summons of the Lodge, or of the committee appointed to examine into his said conduct, such brother, so failing, shall stand suspended from all the benefits of Masonry, until he do [240] come forward, and answer to the charges alleged against him; and should such brother fail to appear and answer said charges for one month after such suspension, the Lodge shall be authorized to proceed to examine into the merits of the charges, and pronounce such judgment as they shall deem proper in the premises.
7th. If any member of a Lodge under the jurisdiction of this Grand Lodge, shall visit or work in any Lodge of Masons commonly called Clandestine Masons; or any Lodge of Masons not working agreeably to the ancient usages of York Masons, he shall be reprimanded by the Lodge to which he belongs; and if he should afterwards be guilty of a similar offence, he shall be expelled from the Lodge, and excluded from the benefits of Masonry.
8th. In all cases of suspension, the person suspended, is thereby absolutely precluded from all the benefits and privileges of Masonry, throughout the Masonic world during the term of said suspension; and which suspension should in every case be for an indefinite period: provided always, that the Lodge imposing a suspension, shall have the power of reinstatement.
9th. In all cases of expulsion, the person expelled is thereby absolutely precluded from all the benefits and privileges of Masonry throughout the Masonic world forever.
10th. Balloting in the Subordinate Lodges, in all cases, shall be confined to Master Masons, and consequently must be taken in a Master Mason's Lodge.
11th. All suspensions and expulsions in any Subordinate Lodge, shall immediately be communicated to the Grand Secretary; and if a suspension is for a non-payment of dues, the cause, as well as the amount due, shall be mentioned in the report of the suspension.
12th. No Master of a Lodge, or regular Past Master, [241] can, without his own consent previously obtained, be called to an account, or tried for misconduct before any other body than the Grand Lodge, or a committee to be appointed by the Grand Lodge, or the Grand Master.
13th. No Master, Warden, or other Subordinate Officer of any Subordinate Lodge, against whom any specific charges of un-Masonic conduct are preferred, is competent to discharge the duties of his office until a final decision shall be made on said charges; nor can any brother elected to office while charges are preferred against him, be installed, until such charges are disposed of.
14th. When any Masonic accusations shall be brought against a brother in any Lodge, Subordinate or other, the same shall not be withdrawn for private adjustment, except by unanimous consent of the Lodge.
15th. Where a member of a Lodge is liable, under the By-Laws of the Lodge, to suspension for nonpayment of dues, and no notice can be served upon him after an order of the Lodge directing him to be summoned to show cause why he should not be suspended for nonpayment of dues, and the lapse of three months, the Lodge is hereby authorized and empowered to suspend such brother without any further notice.
16th. When a member of a Subordinate Lodge removes from the geographical jurisdiction of said Lodge, and fails to make a remittance sufficient to liquidate his dues to the Lodge with which he is affiliated, for the space of twelve months, the Lodge may suspend such member for non-payment of dues without notice.
17th. Whenever a charge is preferred against a brother for un-Masonic conduct, the Subordinate Lodge having jurisdiction in the case, shall issue a summons for the brother charged to appear and answer; and if the officer directed to execute the summons, make return [242] that the brother charged "'has absconded, and is believed to be beyond the jurisdiction of Virginia," the Subordinate Lodge having the case before it, having first appointed some brother to defend the absentee, may proceed to trial as though the brother were present, and inflict such punishment by suspension or expulsion as by them may be deemed just: provided, no trial shall be had under three months from the date of the charges.
SECTION II
Of carrying Appeals from the decisions of Subordinate Lodges.
1st. In all cases where a brother may consider himself aggrieved by the decision of a Subordinate Lodge, he has the right of appeal to the District Deputy Grand Master of the District in which such Lodge may be holden.
2d. When any brother appeals from a decision of his Lodge, he shall lodge a copy thereof with the D. D. G. Master, who shall summon the parties and their witnesses to appear before a committee, to be by him appointed, for a rehearing and decision of the case.
3d. Each District Deputy Grand Master shall have jurisdiction of all appeals within his district, in the following manner: on notice by him duly received of any appeal, he shall forthwith summon five or more officers, or skilful Master Masons, to meet at such time and place as may be most convenient to hear and determine the whole subject matter of the appeal, and to make report of their proceedings to him, the said District Deputy Grand Master, reserving to either party the right of final appeal to the Grand Lodge upon the record.
4th. Immediately after the receipt of the report and proceedings of said Committee, it shall be the duty of such D. D. G. Master to furnish the Master of the Lodge [243] with a copy of the decision, and forward to the Grand Secretary a copy of all proceedings held under the commission: provided that evidence not proper to be written may be communicated verbally.
5th. In all cases where a brother or Lodge may consider themselves aggrieved by the decision of said committee, they have an undoubted right of final appeal therefrom to the Grand Lodge; and
6th. Whereas in cases of appeal to the Grand Lodge from any vote, ballot, or resolution of said committee, it is necessary to have a copy of the whole of the written proceedings in such case present at the consideration of such appeal; therefore it shall be the duty of the Master of every Lodge; in all cases of appeal, forthwith to cause a copy of such proceedings to be forwarded to the Grand Secretary. But no copy of such proceedings shall be granted to any brother whatever.
7th. When any brother or Lodge appeals from a decision of said committee, they shall lodge a copy thereof with the Grand Secretary, who shall summon the parties to appear with the record at the next ensuing Grand Communication, in order to a rehearing and final determination of the controversy.
8th. In all cases of trial of brethren charged with un-Masonic conduct, all the testimony relating to the matters in question, and which may be proper to be committed to writing, shall be taken in writing before the Lodge or before a committee appointed by the Lodge for that purpose, after due notice to the opposite party, and shall constitute a portion of the record of the case; and in all cases of appeal, a certified copy thereof, together with other parts of the record, shall be forwarded to the Grand Secretary; and no oral testimony shall be received by the Grand Lodge or Committee [244] on Grievances and Appeals, unless such testimony be of a character improper to be written.
9th. When any Lodge or Lodges requires that a commission be sent to their vicinity, for the purpose of investigating any difficulty which may exist in or between such Lodges, or between the members of any Lodge, that the Lodge or Lodges making such request, shall do so in writing, and shall pay to the Grand Treasurer the expenses attending the visit of such commission.
SECTION III
Of Reinstatements
No reinstatement of a suspended or expelled Mason shall hereafter be made by any Lodge under the jurisdiction of this Grand Lodge, unless the following regulations be strictly complied with:
1st. Any suspended or expelled Mason who may desire to be reinstated to the benefits and privileges of Free Masonry, shall make application by petition in writing to the Lodge which suspended or expelled him, praying for such reinstatement, and setting forth the reasons which prompt him to ask this favor; which petition shall be presented to the Worshipful Master, who shall cause the same to be audibly read by the Secretary at the first stated Communication after its reception; when it shall be ordered to lie over for one month (or until the next stated Communication, if the Lodge holds not more than one stated Communication in a month.) The Worshipful Master shall then order due notice to be given to all the members of the Lodge, of the application, and have them notified to attend.
2d. The Lodge being thus duly notified and assembled, shall then proceed to consider the application; when the question of granting or refusing the request [245] shall be determined by vote or ballot, as the Lodge may see fit.
3d. In all votes or ballots on the question of re-instating a suspended or expelled Mason, every member present shall be required to vote, unless for good cause he may be excused by unanimous consent of the Lodge.
4th. If, upon taking a vote or ballot on the petition of a suspended Mason for re-instatement, a less number than two-thirds of the members present vote for the reinstatement, the petition shall be declared rejected; and in case of the petition of an expelled Mason, the vote for re-instatement must be unanimous.
5th. The action of a Lodge on the question of restoring or reinstating a suspended or expelled Mason, may be the subject of appeal by any member who may think proper to do so. And in case of an appeal, the re-instatement shall not take effect until the appeal is decided by the proper tribunal.
6th. Any Mason who has been, or may hereafter be suspended for nonpayment of dues, may be reinstated at any stated Communication of the Lodge which suspended him, upon paying the amount of his dues; and, with the consent of a majority of the members present, may be restored to membership.
7th. The re-instatement of an expelled or suspended Mason, does not restore such brother to membership in the Lodge which suspended or expelled him, but only to the general rights and privileges of Masonry; and to be restored to membership, he must, after reinstatement, petition as any other nonaffiliated Mason, except in cases of suspension for nonpayment of dues as above provided for.
8th. The Lodge which suspends or expels a Mason, is the only Lodge which can reinstate him. But if that Lodge has become extinct (or otherwise incapable of [246] working), and there is no Working Lodge in the former jurisdiction of that extinct Lodge, the petition shall be presented to the D. D. G. Master of the District in which the Lodge was located, who shall refer the petition to a commission of five skilful Past Masters or Officers of Lodges, who, after due notice to all the former members of the extinct Lodge who can be found within its jurisdiction, shall proceed to hear and determine the application. This commission shall keep a full record of their proceedings, which they shall transmit to the Grand Secretary, who shall lay the same before the Grand Lodge; and if no objection be then urged, it shall be confirmed.
9th. In a case of a Working Lodge being
in existence in the former jurisdiction of an extinct Lodge, the
D. D. G. Master may, at his option, refer the petition to that
Lodge, when the same proceedings shall be held as provided for
when the petition is presented to the Lodge inflicting the suspension
or expulsion, and their decision need not be submitted to the
Grand Lodge for confirmation, unless by appeal.
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