Referring to a specific case where a brother stole £48,000 (about $99,000 US) from his grand lodge and Mark Masters lodge in Northumberland, England, Bro. Chris Connop, a representative of the United Grand Lodge of England said, "We expect high standards of our members and if they fall by our standards, then they are no longer a Freemason."In this case, a well-paid ($150,000 per year) financial manager, 55-year-old David Glass, who had been a Mason for over 15 years, lost his job, and after exhausting his lines of credit and selling his home, embezzled funds from his brethren.
This story, and Bro. Connop's statement, raised a number of questions in my mind. Some of the questions are specific to United Grand Lodge of England (UGLE) Masons. Other questions are more general in nature. Your thoughts and comments are appreciated.
- At what point, if any, could this have been avoided? Could, would, or should his local brethren have offered financial assistance and/or financial advice to their brother in distress, had they been aware of his situation before the crime was committed?
- Funds stolen between November 2004 and November 2005 apparently weren't even noticed missing until November 2006. Should a system have been in place that provided more immediate oversight? Should just one man have the ability to write checks and withdraw from lodge bank accounts?
- Bro. Connop's comment that when members fail to meet Masonic standards they are no longer Masons leads me to wonder how, in England, the removal of a Mason is carried out. Is there a "trial," or does a conviction in a government court automatically cause a brother to be expelled from the fraternity?
- Have you (American, British or otherwise) ever seen or participated in a Masonic trial? What did you think of it? Was it fair and impartial, even if the accused had already been convicted of a crime by the government courts, or was it mere formality with the outcome already pre-determined? Was the accused found guilty by his Masonic judges? If found guilty, was the accused expelled, suspended, or did he just receive a slap on the wrist? Were the charges even justified in the first place?
- What particular actions by a Mason, whether the actions are legally considered crimes or not, do you think should warrant a trial and/or expulsion for a Mason? Are specific crimes and actions that are considered unmasonic spelled out in your codes, or is the interpretation of "unmasonic conduct" left to the conscience (or whim) of the accuser?
- Does your lodge or grand lodge bring charges against a brother only after he is convicted of a crime, or do they take action before conviction, based only on accusation? Do they ever take action against a brother for unmasonic conduct that is not an actual crime?
Masons | Masonic Trial | Crime | Freemasonry | Unmasonic Conduct | Burning Taper | BurningTaper.com
Some of the young officers of Halcyon tried to bring a guy up on charges, the trial was joke.
ReplyDeleteNo one wanted to know the truth, the trial turned into a bashing of the brothers who filed the charges, instead of the person on trial being prosecuted or tried.
I think every incident is handled differently. If the men being accused of something are in the right crowds, nothings happens to them, if you are not in the right crowd, you get the full weight of the masonic jurisprudence after you.......
freemasonry promotes equality, just some are more equal than others
Tom Coste Halcyon 498
It's part of the obligation that I took as an FC to never defraud a brother Fellowcraft Mason out of the value of anything. Seems like what Bro. Glass did was a clear violation of that obligation, and hence terms for immediate expulsion upon being found guilty by masonic trial.
ReplyDelete* At what point, if any, could this have been avoided? Could, would, or should his local brethren have offered financial assistance and/or financial advice to their brother in distress, had they been aware of his situation before the crime was committed?
ReplyDeleteI don't know the particular circumstances of this case other than what you have reported. I am certain that if a man in our lodge were in financial difficulties, we would offer him assistance as we are able.
* Funds stolen between November 2004 and November 2005 apparently weren't even noticed missing until November 2006. Should a system have been in place that provided more immediate oversight? Should just one man have the ability to write checks and withdraw from lodge bank accounts?
The normal rule is for two signatories to cheques. Annual accounts are presented to Lodges, and audited.
* Bro. Connop's comment that when members fail to meet Masonic standards they are no longer Masons leads me to wonder how, in England, the removal of a Mason is carried out. Is there a "trial," or does a conviction in a government court automatically cause a brother to be expelled from the fraternity?
The procedure is thus (according to the Constitutions).
* If a Brother commits some crime or indiscretion, or brings the Craft into disrepute, he is first "invited to resign" according to Rule 277. Kind of like "pistols for one in the library" in an English crime mystery. This avoids a trial.
* If the Brother does not resign, a trial is held by the Appeals Court. There is also a Board of Clemency which can recommend abrogation of penalties.
* In the national MQ magazine, the proceedings of Grand Lodge are published each quarter, and there are always references to Brethren who have been expelled. Their names are not listed, but the number expelled is referred to.
* Have you (American, British or otherwise) ever seen or participated in a Masonic trial? What did you think of it? Was it fair and impartial, even if the accused had already been convicted of a crime by the government courts, or was it mere formality with the outcome already pre-determined? Was the accused found guilty by his Masonic judges? If found guilty, was the accused expelled, suspended, or did he just receive a slap on the wrist? Were the charges even justified in the first place?
I think that normally the thought is that someone who has been discovered in a crime or some activity that brings Freemasonry into disrepute ought to do the right thing and resign from the Craft. I have never participated in a trial, either here or in the US, but there is provision for such a trial in the Constitutions.
* What particular actions by a Mason, whether the actions are legally considered crimes or not, do you think should warrant a trial and/or expulsion for a Mason? Are specific crimes and actions that are considered unmasonic spelled out in your codes, or is the interpretation of "unmasonic conduct" left to the conscience (or whim) of the accuser?
The only case of which I have personal knowledge is the relatively recent departure of the Grand Secretary of UGLE. This was caused by his perceived interference in the internal affairs of the Spanish Grand Lodge--there are many English Masons who have retired to Spain and their memberships there; the UGLE Grand Secretary allegedly got acquaintances and friends in Spain to try to influence local Masonic affairs. There was quite a bit of a kerfuffle about it but information was quite thin on the ground and we heard of it only by word of mouth.
* Does your lodge or grand lodge bring charges against a brother only after he is convicted of a crime, or do they take action before conviction, based only on accusation? Do they ever take action against a brother for unmasonic conduct that is not an actual crime?
See above; interference in another Grand Lodge's affairs is thought to be unmasonic conduct.
* At what point, if any, could this have been avoided? Could, would, or should his local brethren have offered financial assistance and/or financial advice to their brother in distress, had they been aware of his situation before the crime was committed?
ReplyDeleteI am not sure this could have been avoided, because brethren aren’t mind readers, we are human. If a brother does not ASK for help, then no one KNOWS to offer a helping hand.
* Funds stolen between November 2004 and November 2005 apparently weren't even noticed missing until November 2006. Should a system have been in place that provided more immediate oversight?
Yes, there should be, to prevent temptation when a brother is in a difficult place. Lodges in California, for instance, are required to have two signatures on all checks, and a monthly miniature audit of the books is performed by the Treasurer and secretary every six months, and a report is presented to the lodge. Once a year, the District Deputy Grand Master (Inspector) inspects the books and records for each lodge and presents a report to the grand lodge on his findings.
* Should just one man have the ability to write checks and withdraw from lodge bank accounts?
No. Even with the trust we give to each other, we should not do a disservice to our brethren by putting temptation in their way.
* Have you (American, British or otherwise) ever seen or participated in a Masonic trial?
Yes, unfortunately, I did the year I was Junior Warden in my lodge.
* What did you think of it?
It was scrupulously fair, and handled like a criminal trial, with a prosecutor, a defense attorney, a Trial Master (acting as Judge) and a jury of 12 brethren from ANOTHER lodge.
* Was it fair and impartial, even if the accused had already been convicted of a crime by the government courts, or was it mere formality with the outcome already pre-determined?
The trial was scrupulously fair and even handed. The charges were reviewed by the Grand Lodge Jurisprudence Committee before the lodge proceeded with them, and the transcripts were again reviewed by the committee after the trial, and THEN the trial results were presented to the brethren at the next grand communication where they were required to ratify the decision of the jury and the sentence. The accused had the right to appear before the Grand Lodge and speak before the brethren voted.
At any time the trial could have been set aside and another trial held.
Was the accused found guilty by his Masonic judges? If found guilty, was the accused expelled, suspended, or did he just receive a slap on the wrist? Were the charges even justified in the first place?
* What particular actions by a Mason, whether the actions are legally considered crimes or not, do you think should warrant a trial and/or expulsion for a Mason? Are specific crimes and actions that are considered unmasonic spelled out in your codes, or is the interpretation of "unmasonic conduct" left to the conscience (or whim) of the accuser?
The Masonic code of California specifies what is and what is not a Masonic crime:
§32010. MASONS SUBJECT TO PENALTIES.
Any Mason who violates the Ancient Landmarks of the Order, the Constitution or Ordinances of Grand Lodge, the By laws of his Lodge, or any Mason who violates, or who violated before initiation, any portion of the moral law, thereby committing a Masonic offense, may be reprimanded, suspended, or expelled, in the manner provided for elsewhere in this Code.
The passage of time shall not bar prosecution for any such violation.
§32020. UNMASONIC CONDUCT.
The following breaches of faith or moral turpitude constitute unmasonic conduct sufficient to support the filing of charges against a Mason:
A. Any violation, before or after initiation, of the criminal laws of the United States or of any other governmental entity involving moral turpitude;
B. The following acts committed against a Brother Mason, or the wife, or child, or widow of such a Brother:
1. Use of defamatory, vile, indecent, profane, abusive or threatening language,
2. Habitual intemperance and drunkenness,
3. Personal violence,
4. Falsehood, treachery and deceit, or
5. Actions similar to those offenses listed herein;
C. The following acts committed against his Lodge or the Master thereof:
1. Misrepresentation of any fact in an application for degrees, affiliation or restoration,
2. Declaration that he does not believe in a Supreme Being,
3. Attempted resignation from or renunciation of Masonry,
4. Visiting a clandestine Lodge or vouching for a member of a clandestine Lodge,
5. Disclosure of secret or confidential matters to a non Mason or by a member of a Lodge to a non member Mason not otherwise entitled to the same,
6. Reducing secret work to writing or use of a cipher ritual during a tiled meeting,
7. Refusal to obey Master's authority properly exercised,
8. Refusal to sign Lodge By laws,
9. Improper use of ballot or objection to candidate's advancement without proper cause, or
10. Actions similar to those offenses listed herein;
D. The following acts committed by a Mason against Grand Lodge or the Grand Master:
1. Refusal to obey an edict of the Grand Master,
2. Electioneering as prohibited by this Code,
3. Organizing or promoting as a Lodge function:
a. A trip to another Jurisdiction for the purpose of conferring a degree, without first obtaining a dispensation, or
b. An event in violation of the Masonic or civil laws of this Jurisdiction,
4. Membership in any organization advocating the violent overthrow of the government or an organization whose tenets are in conflict with the basic principles and tenets of Masonry, or
5. Actions similar to those offenses listed herein;
E. Acts or actions in breach of the obligations of the degrees; or
F. The use of the Masonic name or emblems for other than legitimate Masonic purposes.
§32030. NOT UNMASONIC CONDUCT.
An act does not constitute a Masonic offense that neither violates this Code nor involves a breach of faith or moral turpitude.
The following do not constitute unmasonic conduct sufficient to support the filing of charges against a Mason:
A. A business dispute not involving fraud or one that involves the innocent inability to pay a just debt as promised;
B. Political differences and acts in respect thereto;
C. A possible conflict of interest arising from a transaction between a Mason in his private capacity and his Lodge or Temple Association where a full disclosure of the possible conflict has been made prior to the transaction; or
D. Actions allegedly violating the laws of other fraternal or social organizations, including Masonic Organizations.
* Does your lodge or grand lodge bring charges against a brother only after he is convicted of a crime, or do they take action before conviction, based only on accusation?
Yes. If a man is convicted in a criminal court, a Masonic trial is held, where transcripts from the criminal trial are entered as evidence, and the brother is allowed to speak. A verdict is entered, and the Trial Master passes sentence, which can range from being chastised in open lodge before his brethren, to being suspended for up to three years, to being expelled from the fraternity. The sentence, as noted above, is reviewed by the Jurisprudence committee, which can send the sentence back for review, and then upheld at the grand communiation (or not). I have even seen cases sent BACK to the lodge for a retrial.
* Do they ever take action against a brother for unmasonic conduct that is not an actual crime?
Yes, see my comments from the California Masonic Code above.
R. Theron Dunn
Thank, Bro. Theron. Great answer, great info.
ReplyDelete— W.S.
Bro. Theron's list from California is very similar to that of Connecticut.
ReplyDeleteI'm not going to comment on any specific Masonic trial, but yes, there have been trials (and penalties) for conduct that was unmasonic but not illegal. I know of at least one that was conducted after a member was arrested for illegal activity. I don't know of any that were conducted previous to a court trial, but that doesn't mean that there weren't any.
They are very rare, and we have a Committee on Masonic Jurisprudence to handle them because most lodges are not equipped wrt expertise to handle them.
I will say, though, that just as in "real" courts of law, the charges reflect the article that was violated, and there is always a background story that doesn't necessarily become public; the "reason" that someone is suspended or expelled may not reflect the actual events. We should all be careful of forming opinions, and instead use our energies toward helping a wayward brother or those he may have wronged.