THE ARCANE SCHOOLS - Fort Myers Beach Masonic Lodge No. 362

If, on a scrutiny, it is found that the verdict is guilty, the Master
or
presiding officer must then put the question as to the amount and
nature
of the punishment to be inflicted.
He will commence with the highest penalty, or expulsion, and, if
necessary, by that punishment being negatived, proceed to propose
indefinite and then definite suspension, exclusion, public or private
reprimand, and censure.
For expulsion or either kind of suspension, two-thirds of the votes
present are necessary. For either of the other and lighter penalties, a
bare majority will be sufficient.
The votes on the nature of the punishment should be taken by a show of
hands.
If the residence of the accused is not known, or if, upon due summons,
he
refuses or neglects to attend, the lodge may, nevertheless, proceed to
trial without his presence.
In trials conducted by Grand Lodges, it is usual to take the
preliminary
testimony in a committee; but the final decision must always be made in
the Grand Lodge.
Section II.
_Of the Evidence in Masonic Trials._
In the consideration of the nature of the evidence that is to be given
in
masonic trials, it is proper that we should first inquire what classes
of
persons are to be deemed incompetent as witnesses.
The law of the land, which, in this instance, is the same as the law of
Masonry, has declared the following classes of person to be incompetent
to
give evidence.
1. Persons who have not the use of reason, are, from the infirmity of
their nature, considered to be utterly incapable of giving
evidence.[101]
This class includes idiots, madmen, and children too young to be
sensible
of the obligations of an oath, and to distinguish between good and
evil.
2. Persons who are entirely devoid of any such religious principle or
belief as would bind their consciences to speak the truth, are
incompetent