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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/12186-0.txt b/12186-0.txt new file mode 100644 index 0000000..87f9104 --- /dev/null +++ b/12186-0.txt @@ -0,0 +1,8158 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 12186 *** + +The Principles of Masonic Law: + +A Treatise on the Constitutional Laws, Usages And Landmarks of +Freemasonry, + +By + +Albert G. Mackey, M.D., + +Author of + +"The Lexicon of Freemasonry," "The Mystic Tie," "Legends and Traditions of +Freemasonry," Etc., Etc., + +Grand Lecturer and Grand Secretary of The Grand Lodge of South Carolina; +Secretary General of the Supreme Council of the Ancient and Accepted Rite +for the Southern Jurisdiction of the United States, Etc., Etc., Etc. + + "Est enim unum jus, quo devincta est hominum societas, quod lex + constituit una; quæ lex est recta ratio imperandi atque prohibendi, + quam qui ignorat is est injustus." + + Cicero de Legibus. c. XV. + +New York: +Jno. W. Leonard & Co., Masonic Publishers, +383 Broadway. + +1856. + + + +Entered, according to Act of Congress, in the year 1855, by Jno. W. +Leonard & Co., + +In the Clerk's Office of the District Court of the United States for the +Southern District of New York. + + + + +To + +Brother J.J.J. Gourgas, + +Sovereign Grand Inspector General in the Supreme Council for the Northern +Jurisdiction of the United States, + +I Dedicate This Work, + +As a Slight Testimonial of My Friendship and Esteem for Him +As a Man, +And of My Profound Veneration for His Character +As a Mason; +Whose Long and Useful Life Has Been Well Spent in the +Laborious Prosecution of the Science, +And the Unremitting Conservation of the Principles of Our +Sublime Institution. + + + +Table of Contents + + + +Preface +Introduction + + +Book First. The Law of Grand Lodges. + +Chapter I. Historical Sketch. +Chapter II. Of the Mode of Organizing Grand Lodges. +Chapter III. Of the Members of a Grand Lodge. +Chapter IV. Of the Officers of a Grand Lodge. + Section I. Of the Grand Master. + Section II. The Deputy Grand Master. + Section III. Of the Grand Wardens. + Section IV. Of the Grand Treasurer. + Section V. Of the Grand Secretary. + Section VI. Of the Grand Chaplain. + Section VII. Of the Grand Deacons. + Section VIII. Of the Grand Marshal. + Section IX. Of the Grand Stewards. + Section X. Of the Grand Sword-Bearer. + Section XI. Of the Grand Tiler. +Chapter V. Of the Powers and Prerogatives of a Grand Lodge. + Section I. General View. + Section II. Of the Legislative Power of a Grand Lodge. + Section III. Of the Judicial Power of a Grand Lodge. + Section IV. Of the Executive Power of a Grand Lodge. + + +Book Second. Laws of Subordinate Lodges. + +Chapter I. Of the Nature and Organization of Subordinate Lodges. +Chapter II. Of Lodges under Dispensation. +Chapter III. Of Lodges Working under a Warrant of Constitution. +Chapter IV. Of the Officers of a Subordinate Lodge. + Section I. Of the Officers in General. + Section II. Of the Worshipful Master. + Section III. Of the Wardens. + Section IV. Of the Treasurer. + Section V. Of the Secretary. + Section VI. Of the Deacons. + Section VII. Of the Stewards. + Section VIII. Of the Tiler. +Chapter V. Of Rules of Order. + Section I. Of the Order of Business. + Section II. Of Appeals from the Decision of the Chair. + Section III. Of the Mode of Taking the Question. + Section IV. Of Adjournments. + Section V. Of the Appointment of Committees. + Section VI. Of the Mode of Keeping the Minutes. + + +Book Third. The Law of Individuals. + +Chapter I. Of the Qualifications of Candidates. + Section I. Of the Moral Qualifications of Candidates. + Section II. Of the Physical Qualifications of Candidates. + Section III. Of the Intellectual Qualifications of Candidates. + Section IV. Of the Political Qualifications of Candidates. + Section V. Of the Petition of Candidates for Admission, and the + Action Thereon. + Section VI. Of Balloting for Candidates. + Section VII. Of the Reconsideration of the Ballot. + Section VIII. Of the Renewal of Applications by Rejected Candidates. + Section IX. Of the Necessary Probation and Due Proficiency of + Candidates before Advancement + Section X. Of Balloting for Candidates in each Degree. + Section XI. Of the Number to be Initiated at one Communication. + Section XII. Of Finishing the Candidates of one Lodge in another. + Section XIII. Of the Initiation of Non-residents. +Chapter II. Of the Rights of Entered Apprentices. +Chapter III. Of the Rights of Fellow Crafts. +Chapter IV. Of the Rights of Master Masons. + Section I. Of the Right of Membership. + Section II. Of the Right of Visit. + Section III. Of the Examination of Visitors. + Section IV. Of Vouching for a Brother. + Section V. Of the Right of Claiming Relief. + Section VI. Of the Right of Masonic Burial. +Chapter V. Of the Rights of Past Masters. +Chapter VI. Of Affiliation. +Chapter VII. Of Demitting. +Chapter VIII. Of Unaffiliated Masons. + + +Book Fourth. Of Masonic Crimes and Punishments. + +Chapter I. Of What Are Masonic Crimes. +Chapter II. Of Masonic Punishments. + Section I. Of Censure. + Section II. Of Reprimand. + Section III. Of Exclusion from the Lodge. + Section IV. Of Definite Suspension. + Section V. Of Indefinite Suspension. + Section VI. Of Expulsion. +Chapter III. Of Masonic Trials. + Section I. Of the Form of Trial. + Section II. Of the Evidence in Masonic Trials. +Chapter IV. Of the Penal Jurisdiction of a Lodge. +Chapter V. Of Appeals. +Chapter VI. Of Restoration. + + +Index. +Footnotes. + + + + +Preface. + + + +In presenting to the fraternity a work on the Principles of Masonic Law, +it is due to those for whom it is intended, that something should be said +of the design with which it has been written, and of the plan on which it +has been composed. It is not pretended to present to the craft an +encyclopedia of jurisprudence, in which every question that can possibly +arise, in the transactions of a Lodge, is decided with an especial +reference to its particular circumstances. Were the accomplishment of such +an herculean task possible, except after years of intense and unremitting +labor, the unwieldy size of the book produced, and the heterogeneous +nature of its contents, so far from inviting, would rather tend to +distract attention, and the object of communicating a knowledge of the +Principles of Masonic Law, would be lost in the tedious collation of +precedents, arranged without scientific system, and enunciated without +explanation. + +When I first contemplated the composition of a work on this subject, a +distinguished friend and Brother, whose opinion I much respect, and with +whose advice I am always anxious to comply, unless for the most +satisfactory reasons, suggested the expediency of collecting the decisions +of all Grand Masters, Grand Lodges, and other masonic authorities upon +every subject of Masonic Law, and of presenting them, without commentary, +to the fraternity. + +But a brief examination of this method, led me to perceive that I would be +thus constructing simply a digest of decrees, many of which would probably +be the results of inexperience, of prejudice, or of erroneous views of the +masonic system, and from which the authors themselves have, in repeated +instances, subsequently receded--for Grand Masters and Grand Lodges, +although entitled to great respect, are not infallible--and I could not, +conscientiously, have consented to assist, without any qualifying remark, +in the extension and perpetuation of edicts and opinions, which, however +high the authority from which they emanated, I did not believe to be in +accordance with the principles of Masonic jurisprudence. + +Another inconvenience which would have attended the adoption of such a +method is, that the decisions of different Grand Lodges and Grand Masters +are sometimes entirely contradictory on the same points of Masonic Law. +The decree of one jurisdiction, on any particular question, will often be +found at variance with that of another, while a third will differ from +both. The consultor of a work, embracing within its pages such distracting +judgments, unexplained by commentary, would be in doubt as to which +decision he should adopt, so that coming to the inspection with the desire +of solving a legal question, he would be constrained to close the volume, +in utter despair of extracting truth or information from so confused a +mass of contradictions. + +This plan I therefore at once abandoned. But knowing that the +jurisprudence of Masonry is founded, like all legal science, on abstract +principles, which govern and control its entire system, I deemed it to be +a better course to present these principles to my readers in an elementary +and methodical treatise, and to develop from them those necessary +deductions which reason and common sense would justify. + +Hence it is that I have presumed to call this work "The Principles of +Masonic Law." It is not a code of enactments, nor a collection of +statutes, nor yet a digest of opinions; but simply an elementary treatise, +intended to enable every one who consults it, with competent judgment, and +ordinary intelligence, to trace for himself the bearings of the law upon +any question which he seeks to investigate, and to form, for himself, a +correct opinion upon the merits of any particular case. + +Blackstone, whose method of teaching I have endeavored, although I confess +"ab longo inter-vallo," to pursue, in speaking of what an academical +expounder of the law should do, says: + +"He should consider his course as a general map of the law, marking out +the shape of the country, its connections, and boundaries, its greater +divisions, and principal cities; it is not his business to describe +minutely the subordinate limits, or to fix the longitude and latitude of +every inconsiderable hamlet." + +Such has been the rule that has governed me in the compilation of this +work. But in delineating this "general map" of the Masonic Law, I have +sought, if I may continue the metaphor, so to define boundaries, and to +describe countries, as to give the inspector no difficulty in "locating" +(to use an Americanism) any subordinate point. I have treated, it is true, +of principles, but I have not altogether lost sight of cases. + +There are certain fundamental laws of the Institution, concerning which +there never has been any dispute, and which have come down to us with all +the sanctions of antiquity, and universal acceptation. In announcing +these, I have not always thought it necessary to defend their justice, or +to assign a reason for their enactment. + +The weight of unanimous authority has, in these instances, been deemed +sufficient to entitle them to respect, and to obedience. + +But on all other questions, where authority is divided, or where doubts of +the correctness of my decision might arise, I have endeavored, by a course +of argument as satisfactory as I could command, to assign a reason for my +opinions, and to defend and enforce my views, by a reference to the +general principles of jurisprudence, and the peculiar character of the +masonic system. I ask, and should receive no deference to my own +unsupported theories--as a man, I am, of course, fallible--and may often +have decided erroneously. But I do claim for my arguments all the weight +and influence of which they may be deemed worthy, after an attentive and +unprejudiced examination. To those who may at first be ready--because I do +not agree with all their preconceived opinions--to doubt or deny my +conclusions, I would say, in the language of Themistocles, "Strike, but +hear me." + +Whatever may be the verdict passed upon my labors by my Brethren, I trust +that some clemency will be extended to the errors into which I may have +fallen, for the sake of the object which I have had in view: that, namely, +of presenting to the Craft an elementary work, that might enable every +Mason to know his rights, and to learn his duties. + +The intention was, undoubtedly, a good one. How it has been executed, it +is not for me, but for the masonic public to determine. + +Albert G. Mackey. + +Charleston, S.C., January 1st., 1856. + + + + +Introduction. + +The Authorities for Masonic Law. + + + +The laws which govern the institution of Freemasonry are of two kinds, +_unwritten_ and _written,_ and may in a manner be compared with the "lex +non scripta," or common law, and the "lex seripta," or statute law of +English and American jurists. + +The "lex non scripta," or _unwritten law_ of Freemasonry is derived from +the traditions, usages and customs of the fraternity as they have existed +from the remotest antiquity, and as they are universally admitted by the +general consent of the members of the Order. In fact, we may apply to +these unwritten laws of Masonry the definition given by Blackstone of the +"leges non scriptæ" of the English constitution--that "their original +institution and authority are not set down in writing, as acts of +parliament are, but they receive their binding power, and the force of +laws, by long and immemorial usage and by their universal reception +throughout the kingdom." When, in the course of this work, I refer to +these unwritten laws as authority upon any point, I shall do so under the +appropriate designation of "ancient usage." + +The "lex scripta," or written law of Masonry, is derived from a variety of +sources, and was framed at different periods. The following documents I +deem of sufficient authority to substantiate any principle, or to +determine any disputed question in masonic law. + +1. The "Ancient Masonic charges, from a manuscript of the Lodge of +Antiquity," and said to have been written in the reign of James II.[1] + +2. The regulations adopted at the General Assembly held in 1663, of which +the Earl of St. Albans was Grand Master.[2] + +3. The interrogatories propounded to the Master of a lodge at the time of +his installation, and which, from their universal adoption, without +alteration, by the whole fraternity, are undoubtedly to be considered as +a part of the fundamental law of Masonry. + +4. "The Charges of a Freemason, extracted from the Ancient Records of +Lodges beyond sea, and of those in England, Scotland, and Ireland, for the +use of the Lodges in London," printed in the first edition of the Book of +Constitutions, and to be found from p. 49 to p. 56 of that work.[3] + +5. The thirty-nine "General Regulations," adopted "at the annual assembly +and feast held at Stationers' hall on St. John the Baptist's day, 1721," +and which were published in the first edition of the Book of +Constitutions, p. 58 to p. + +6. The subsequent regulations adopted at various annual communications by +the Grand Lodge of England, up to the year 1769, and published in +different editions of the Book of Constitutions. These, although not of +such paramount importance and universal acceptation as the Old Charges +and the Thirty-nine Regulations, are, nevertheless, of great value as the +means of settling many disputed questions, by showing what was the law and +usage of the fraternity at the times in which they were adopted. + +Soon after the publication of the edition of 1769 of the Book of +Constitutions, the Grand Lodges of America began to separate from their +English parent and to organize independent jurisdictions. From that +period, the regulations adopted by the Grand Lodge of England ceased to +have any binding efficacy over the craft in this country, while the laws +passed by the American Grand Lodges lost the character of general +regulations, and were invested only with local authority in their several +jurisdictions. + +Before concluding this introductory section, it may be deemed necessary +that something should be said of the "Ancient Landmarks of the Order," to +which reference is so often made. + +Various definitions have been given of the landmarks. Some suppose them to +be constituted of all the rules and regulations which were in existence +anterior to the revival of Masonry in 1717, and which were confirmed and +adopted by the Grand Lodge of England at that time. Others, more +stringent in their definition, restrict them to the modes of recognition +in use among the fraternity. I am disposed to adopt a middle course, and +to define the Landmarks of Masonry to be, all those usages and customs of +the craft--whether ritual or legislative--whether they relate to forms and +ceremonies, or to the organization of the society--which have existed from +time immemorial, and the alteration or abolition of which would materially +affect the distinctive character of the institution or destroy its +identity. Thus, for example, among the legislative landmarks, I would +enumerate the office of Grand Master as the presiding officer over the +craft, and among the ritual landmarks, the legend of the third degree. But +the laws, enacted from time to time by Grand Lodges for their local +government, no matter how old they may be, do not constitute landmarks, +and may, at any time, be altered or expunged, since the 39th regulation +declares expressly that "every annual Grand Lodge has an inherent power +and authority to make new regulations or to alter these (viz., the +thirty-nine articles) for the real benefit of this ancient fraternity, +provided always that the old landmarks be carefully preserved." + + + + + +Book First + +The Law of Grand Lodges. + + + +It is proposed in this Book, first to present the reader with a brief +historical sketch of the rise and progress of the system of Grand Lodges; +and then to explain, in the subsequent sections, the mode in which such +bodies are originally organized, who constitute their officers and +members, and what are their acknowledged prerogatives. + + + + +Chapter I. + +Historical Sketch. + + +Grand Lodges under their present organization, are, in respect to the +antiquity of the Order, of a comparatively modern date. We hear of no such +bodies in the earlier ages of the institution. Tradition informs us, that +originally it was governed by the despotic authority of a few chiefs. At +the building of the temple, we have reason to believe that King Solomon +exercised an unlimited and irresponsible control over the craft, although +a tradition (not, however, of undoubted authority) says that he was +assisted in his government by the counsel of twelve superintendants, +selected from the twelve tribes of Israel. But we know too little, from +authentic materials, of the precise system adopted at that remote period, +to enable us to make any historical deductions on the subject. + +The first historical notice that we have of the formation of a supreme +controlling body of the fraternity, is in the "Gothic Constitutions"[4] +which assert that, in the year 287, St. Alban, the protomartyr of England, +who was a zealous patron of the craft, obtained from Carausius, the +British Emperor, "a charter for the Masons to hold a general council, and +gave it the name of assembly." The record further states, that St. Alban +attended the meeting and assisted in making Masons, giving them "good +charges and regulations." We know not, however, whether this assembly ever +met again; and if it did, for how many years it continued to exist. The +subsequent history of Freemasonry is entirely silent on the subject. + +The next general assemblage of the craft, of which the records of +Freemasonry inform us, was that convened in 926, at the city of York, in +England, by Prince Edwin, the brother of King Athelstane, and the grandson +of Alfred the Great. This, we say, was the next general assemblage, +because the Ashmole manuscript, which was destroyed at the revival of +Freemasonry in 1717, is said to have stated that, at that time, the Prince +obtained from his brother, the king, a permission for the craft "to hold a +yearly communication and a general assembly." The fact that such a power +of meeting was then granted, is conclusive that it did not before exist: +and would seem to prove that the assemblies of the craft, authorised by +the charter of Carausius, had long since ceased to be held. This yearly +communication did not, however, constitute, at least in the sense we now +understand it, a Grand Lodge. The name given to it was that of the +"General Assembly of Masons." It was not restricted, as now, to the +Masters and Wardens of the subordinate lodges, acting in the capacity of +delegates or representatives, but was composed, as Preston has observed, +of as many of the fraternity at large as, being within a convenient +distance, could attend once or twice a year, under the auspices of one +general head, who was elected and installed at one of these meetings, and +who, for the time being, received homage as the governor of the whole +body. Any Brethren who were competent to discharge the duty, were allowed, +by the regulations of the Order, to open and hold lodges at their +discretion, at such times and places as were most convenient to them, and +without the necessity of what we now call a Warrant of Constitution, and +then and there to initiate members into the Order.[5] To the General +Assembly, however, all the craft, without distinction, were permitted to +repair; each Mason present was entitled to take part in the deliberations, +and the rules and regulations enacted were the result of the votes of the +whole body. The General Assembly was, in fact, precisely similar to those +political congregations which, in our modern phraseology, we term "mass +meetings." + +These annual mass meetings or General Assemblies continued to be held, for +many centuries after their first establishment, at the city of York, and +were, during all that period, the supreme judicatory of the fraternity. +There are frequent references to the annual assemblies of Freemasons in +public documents. The preamble to an act passed in 1425, during the reign +of Henry VI., just five centuries after the meeting at York, states that, +"by the _yearly congregations_ and confederacies made by the Masons in +their _general assemblies, _ the good course and effect of the statute of +laborers were openly violated and broken." This act which forbade such +meetings, was, however, never put in force; for an old record, quoted in +the Book of Constitutions, speaks of the Brotherhood having frequented +this "mutual assembly," in 1434, in the reign of the same king. We have +another record of the General Assembly, which was held in York on the 27th +December, 1561, when Queen Elizabeth, who was suspicious of their secrecy, +sent an armed force to dissolve the meeting. A copy is still preserved of +the regulations which were adopted by a similar assembly held in 1663, on +the festival of St. John the Evangelist; and in these regulations it is +declared that the private lodges shall give an account of all their +acceptations made during the year to the General Assembly. Another +regulation, however, adopted at the same time, still more explicitly +acknowledges the existence of a General Assembly as the governing body of +the fraternity. It is there provided, "that for the future, the said +fraternity of Freemasons shall be regulated and governed by one Grand +Master and as many Wardens as the said society shall think fit to appoint +at every Annual General Assembly." + +And thus the interests of the institution continued, until the beginning +of the eighteenth century, or for nearly eight hundred years, to be +entrusted to those General Assemblies of the fraternity, who, without +distinction of rank or office, annually met at York to legislate for the +government of the craft. + +But in 1717, a new organization of the governing head was adopted, which +gave birth to the establishment of a Grand Lodge, in the form in which +these bodies now exist. So important a period in the history of Masonry +demands our special attention. + +After the death, in 1702, of King William, who was himself a Mason, and a +great patron of the craft, the institution began to languish, the lodges +decreased in number, and the General Assembly was entirely neglected for +many years. A few old lodges continued, it is true, to meet regularly, but +they consisted of only a few members. + +At length, on the accession of George I., the Masons of London and its +vicinity determined to revive the annual communications of the society. +There were at that time only four lodges in the south of England, and the +members of these, with several old Brethren, met in February, 1717, at the +Apple Tree Tavern, in Charles street, Covent Garden, and organized by +putting the oldest Master Mason, who was the Master of a lodge, in the +chair; they then constituted themselves into what Anderson calls, "a Grand +Lodge _pro tempore;"_ resolved to hold the annual assembly and feast, and +then to choose a Grand Master. + +Accordingly, on the 24th of June, 1717, the assembly and feast were held; +and the oldest Master of a lodge being in the chair, a list of candidates +was presented, out of which Mr. Anthony Sayer was elected Grand Master, +and Capt. Joseph Elliott and Mr. Jacob Lamball, Grand Wardens. + +The Grand Master then commanded the Masters and Wardens of lodges to meet +the Grand Officers every quarter, in communication, at the place he should +appoint in his summons sent by the Tiler. + +This was, then, undoubtedly, the commencement of that organization of the +Masters and Wardens of lodges into a Grand Lodge, which has ever since +continued to exist. + +The fraternity at large, however, still continued to claim the right of +being present at the annual assembly; and, in fact, at that meeting, their +punctual attendance at the next annual assembly and feast was recommended. + +At the same meeting, it was resolved "that the privilege of assembling as +Masons, which had been hitherto unlimited, should be vested in certain +lodges or assemblies of Masons convened in certain places; and that every +lodge to be hereafter convened, except the four old lodges at this time +existing, should be legally authorized to act by a warrant from the Grand +Master for the time being, granted to certain individuals by petition, +with the consent and approbation of the Grand Lodge in communication; and +that, without such warrant, no lodge should be hereafter deemed regular or +constitutional." + +In consequence of this regulation, several new lodges received Warrants of +Constitution, and their Masters and Wardens were ordered to attend the +communications of the Grand Lodge. The Brethren at large vested all their +privileges in the four old lodges, in trust that they would never suffer +the old charges and landmarks to be infringed; and the old lodges, in +return, agreed that the Masters and Wardens of every new lodge that might +be constituted, should be permitted to share with them all the privileges +of the Grand Lodge, except precedence of rank. The Brethren, says Preston, +considered their further attendance at the meetings of the society +unnecessary after these regulations were adopted; and therefore trusted +implicitly to their Masters and Wardens for the government of the craft; +and thenceforward the Grand Lodge has been composed of all the Masters and +Wardens of the subordinate lodges which constitute the jurisdiction. + +The ancient right of the craft, however, to take a part in the proceedings +of the Grand Lodge or Annual Assembly, was fully acknowledged by a new +regulation, adopted about the same time, in which it is declared that all +alterations of the Constitutions must be proposed and agreed to, at the +third quarterly communication preceding the annual feast, and be offered +also to the perusal of _all_ the Brethren before dinner, _even of the +youngest Entered Apprentice_[6] + +This regulation has, however, (I know not by what right,) become obsolete, +and the Annual Assembly of Masons has long ceased to be held; the Grand +Lodges having, since the beginning of the eighteenth century, assumed the +form and organization which they still preserve, as strictly +representative bodies. + + + + +Chapter II. + +Of the Mode of Organizing Grand Lodges. + + + +The topic to be discussed in this section is, the answer to the question, +How shall a Grand Lodge be established in any state or country where such +a body has not previously existed, but where there are subordinate lodges +working under Warrants derived from Grand Lodges in other states? In +answering this question, it seems proper that I should advert to the +course pursued by the original Grand Lodge of England, at its +establishment in 1717, as from that body nearly all the Grand Lodges of +the York rite now in existence derive their authority, either directly or +indirectly, and the mode of its organization has, therefore, universally +been admitted to have been regular and legitimate. + +In the first place, it is essentially requisite that the active existence +of subordinate lodges in a state should precede the formation of a Grand +Lodge; for the former are the only legitimate sources of the latter. A +mass meeting of Masons cannot assemble and organize a Grand Lodge. A +certain number of lodges, holding legal warrants from a Grand Lodge or +from different Grand Lodges, must meet by their representatives and +proceed to the formation of a Grand Lodge. When that process has been +accomplished, the subordinate lodges return the warrants, under which they +had theretofore worked, to the Grand Lodges from which they had originally +received them, and take new ones from the body which they have formed. + +That a mass meeting of the fraternity of any state is incompetent to +organize a Grand Lodge has been definitively settled--not only by general +usage, but by the express action of the Grand Lodges of the United States +which refused to recognize, in 1842, the Grand Lodge of Michigan which had +been thus irregularly established in the preceding year. That unrecognized +body was then dissolved by the Brethren of Michigan, who proceeded to +establish four subordinate lodges under Warrants granted by the Grand +Lodge of New York. These four lodges subsequently met in convention and +organized the present Grand Lodge of Michigan in a regular manner. + +It seems, however, to have been settled in the case of Vermont, that where +a Grand Lodge has been dormant for many years, and all of its subordinates +extinct, yet if any of the Grand Officers, last elected, survive and are +present, they may revive the Grand Lodge and proceed constitutionally to +the exercise of its prerogatives. + +The next inquiry is, as to the number of lodges required to organize a new +Grand Lodge. Dalcho says that _five_ lodges are necessary; and in this +opinion he is supported by the Ahiman Rezon of Pennsylvania, published in +1783 by William Smith, D.D., at that time the Grand Secretary of that +jurisdiction, and also by some other authorities. But no such regulation +is to be found in the Book of Constitutions, which is now admitted to +contain the fundamental law of the institution. Indeed, its adoption would +have been a condemnation of the legality of the Mother Grand Lodge of +England, which was formed in 1717 by the union of only _four_ lodges. The +rule, however, is to be found in the Ahiman Rezon of Laurence Dermott, +which was adopted by the "Grand Lodge of Ancient Freemasons," that seceded +from the lawful Grand Lodge in 1738. But as that body was undoubtedly, +under our present views of masonic law, schismatic and illegal, its +regulations have never been considered by masonic writers as being +possessed of any authority. + +In the absence of any written law upon the subject, we are compelled to +look to precedent for authority; and, although the Grand Lodges in the +United States have seldom been established with a representation of less +than four lodges, the fact that that of Texas was organized in 1837 by the +representatives of only _three_ lodges, and that the Grand Lodge thus +instituted was at once recognized as legal and regular by all its sister +Grand Lodges, seems to settle the question that three subordinates are +sufficient to institute a Grand Lodge. + +Three lodges, therefore, in any territory where a Grand Lodge does not +already exist, may unite in convention and organize a Grand Lodge. It will +then be necessary, that these lodges should surrender the warrants under +which they had been previously working, and take out new warrants from the +Grand Lodge which they have constituted; and, from that time forth, all +masonic authority is vested in the Grand Lodge thus formed. + +The Grand Lodge having been thus constituted, the next inquiries that +suggest themselves are as to its members and its officers, each of which +questions will occupy a distinct discussion. + + + + +Chapter III. + +Of the Members of a Grand Lodge. + + + +It is an indisputable fact that the "General Assembly" which met at York +in 926 was composed of all the members of the fraternity who chose to +repair to it; and it is equally certain that, at the first Grand Lodge, +held in 1717, after the revival of Masonry, all the craft who were present +exercised the right of membership in voting for Grand Officers,[7] and +must, therefore, have been considered members of the Grand Lodge. The +right does not, however, appear to have been afterwards claimed. At this +very assembly, the Grand Master who had been elected, summoned only the +Master and Wardens of the lodges to meet him in the quarterly +communications; and Preston distinctly states, that soon after, the +Brethren of the four old lodges, which had constituted the Grand Lodge, +considered their attendance on the future communications of the society +unnecessary, and therefore concurred with the lodges which had been +subsequently warranted in delegating the power of representation to their +Masters and Wardens, "resting satisfied that no measure of importance +would be adopted without their approbation." + +Any doubts upon the subject were, however, soon put at rest by the +enactment of a positive law. In 1721, thirty-nine articles for the future +government of the craft were approved and confirmed, the twelfth of which +was in the following words: + +"The Grand Lodge consists of, and is formed by, the Masters and Wardens of +all the regular particular lodges upon record, with the Grand Master at +their head, and his Deputy on his left hand, and the Grand Wardens in +their proper places." + +From time to time, the number of these constituents of a Grand Lodge were +increased by the extension of the qualifications for membership. Thus, in +1724, Past Grand Masters, and in 1725, Past Deputy Grand Masters, were +admitted as members of the Grand Lodge. Finally it was decreed that the +Grand Lodge should consist of the four present and all past grand +officers; the Grand Treasurer, Secretary, and Sword-Bearer; the Master, +Wardens, and nine assistants of the Grand Stewards' lodge, and the Masters +and Wardens of all the regular lodges. + +Past Masters were not at first admitted as members of the Grand Lodge. +There is no recognition of them in the old Constitutions. Walworth thinks +it must have been after 1772 that they were introduced.[8] I have extended +my researches to some years beyond that period, without any success in +finding their recognition as members under the Constitution of England. It +is true that, in 1772, Dermott prefixed a note to his edition of the +Ahiman Rezon, in which he asserts that "Past Masters of warranted lodges +on record are allowed this privilege (of membership) whilst they continue +to be members of any regular lodge." And it is, doubtless, on this +imperfect authority, that the Grand Lodges of America began at so early a +period to admit their Past Masters to seats in the Grand Lodge. In the +authorized Book of Constitutions, we find no such provision. Indeed, +Preston records that in 1808, at the laying of the foundation-stone of the +Covent Garden Theatre, by the Prince of Wales, as Grand Master, "the Grand +Lodge was opened by Charles Marsh, Esq., attended by the _Masters and +Wardens_ of all the regular lodges;" and, throughout the description of +the ceremonies, no notice is taken of Past Masters as forming any part of +the Grand Lodge. The first notice that we have been enabled to obtain of +Past Masters, as forming any part of the Grand Lodge of England, is in the +"Articles of Union between the two Grand Lodges of England," adopted in +1813, which declare that the Grand Lodge shall consist of the Grand and +Past Grand Officers, of the actual Masters and Wardens of all the +warranted lodges, and of the "Past Masters of Lodges who have regularly +served and passed the chair before the day of Union, and who continued, +without secession, regular contributing members of a warranted lodge." But +it is provided, that after the decease of all these ancient Past Masters, +the representation of every lodge shall consist of its Master and Wardens, +and one Past Master only. There is, I presume, no doubt that, from 1772, +Past Masters had held a seat in the Athol Grand Lodge of Ancient Masons, +and that they did not in the original Grand Lodge, is, I believe, a fact +equally indisputable. By the present constitutions of the United Grand +Lodge of England, Past Masters are members of the Grand Lodge, while they +continue subscribing members of a private lodge. In some of the Grand +Lodges of the United States, Past Masters have been permitted to retain +their membership, while in others, they have been disfranchised. + +On the whole, the result of this inquiry seems to be, that Past Masters +have no inherent right, derived from the ancient landmarks, to a seat in +the Grand Lodge; but as every Grand Lodge has the power, within certain +limits, to make regulations for its own government, it may or may not +admit them to membership, according to its own notion of expediency. + +Some of the Grand Lodges have not only disfranchised Past Masters but +Wardens also, and restricted membership only to acting Masters. This +innovation has arisen from the fact that the payment of mileage and +expenses to three representative would entail a heavy burden on the +revenue of the Grand Lodge. The reason may have been imperative; but in +the practice, pecuniary expediency has been made to override an ancient +usage. + +In determining, then, who are the constitutional members of a Grand Lodge, +deriving their membership from inherent right, I should say that they are +the Masters and Wardens of all regular lodges in the jurisdiction, with +the Grand Officers chosen by them. All others, who by local regulations +are made members, are so only by courtesy, and not by prescription or +ancient law. + + + + +Chapter IV. + +Of the Officers of a Grand Lodge. + + + +The officers of a Grand Lodge may be divided into two classes, _essential_ +and _accidental_, or, as they are more usually called, _Grand_ and +_Subordinate_. The former of these classes are, as the name imports, +essential to the composition of a Grand Lodge, and are to be found in +every jurisdiction, having existed from the earliest times. They are the +Grand and Deputy Grand Masters, the Grand Wardens, Grand Treasurer, and +Grand Secretary. The Grand Chaplain is also enumerated among the Grand +Officers, but the office is of comparatively modern date. + +The subordinate officers of a Grand Lodge consist of the Deacons, Marshal, +Pursuivant, or Sword-Bearer, Stewards, and others, whose titles and duties +vary in different jurisdictions. I shall devote a separate section to the +consideration of the duties of each and prerogatives of these officers. + + + +Section I. + +_Of the Grand Master._ + + +The office of Grand Master of Masons has existed from the very origin of +the institution; for it has always been necessary that the fraternity +should have a presiding head. There have been periods in the history of +the institution when neither Deputies nor Grand Wardens are mentioned, but +there is no time in its existence when it was without a Grand Master; and +hence Preston, while speaking of that remote era in which the fraternity +was governed by a General Assembly, says that this General Assembly or +Grand Lodge "was not then restricted, as it is now understood to be, to +the Masters and Wardens of private lodges, with the Grand Master and his +Wardens at their head; it consisted of as many of the Fraternity _at +large_ as, being within a convenient distance, could attend, once or twice +in a year, under the auspices of one general head, who was elected and +installed at one of these meetings; and who for the time being received +homage as the sole governor of the whole body."[9] The office is one of +great honour as well as power, and has generally been conferred upon some +individual distinguished by an influential position in society; so that +his rank and character might reflect credit upon the craft.[10] + +The Grand Mastership is an elective office, the election being annual and +accompanied with impressive ceremonies of proclamation and homage made to +him by the whole craft. Uniform usage, as well as the explicit declaration +of the General Regulations,[11] seems to require that he should be +installed by the last Grand Master. But in his absence the Deputy or some +Past Grand Master may exercise the functions of installation or +investiture. In the organization of a new Grand Lodge, ancient precedent +and the necessity of the thing will authorize the performance of the +installation by the Master of the oldest lodge present, who, however, +exercises, _pro hac vice_, the prerogatives and assumes the place of a +Grand Master. + +The Grand Master possesses a great variety of prerogatives, some of which +are derived from the "lex non scripta," or ancient usage; and others from +the written or statute law of Masonry.[12] + +I. He has the right to convene the Grand Lodge whenever he pleases, and to +preside over its deliberation. In the decision of all questions by the +Grand Lodge he is entitled to two votes. This is a privilege secured to +him by Article XII. of the General Regulations. + +It seems now to be settled, by ancient usage as well as the expressed +opinion of the generality of Grand Lodges and of masonic writers, that +there is no appeal from his decision. In June, 1849, the Grand Master of +New York, Bro. Williard, declared an appeal to be out of order and refused +to submit it to the Grand Lodge. The proceedings on that eventful occasion +have been freely discussed by the Grand Lodges of the United States, and +none of them have condemned the act of the Grand Master, while several +have sustained it in express terms. "An appeal," say the Committee of +Correspondence of Maryland, "from the decision of the Grand Master is an +anomaly at war with every principle of Freemasonry, and as such, not for +a moment to be tolerated or countenanced."[13] This opinion is also +sustained by the Committee of the Grand Lodge of Florida in the year 1851, +and at various times by other Grand Lodges. On the other hand, several +Grand Lodges have made decisions adverse to this prerogative, and the +present regulations of the Grand Lodge of England seem, by a fair +interpretation of their phraseology, to admit of an appeal from the Grand +Master. Still the general opinion of the craft in this country appears to +sustain the doctrine, that no appeal can be made from the decision of that +officer. And this doctrine has derived much support in the way of analogy +from the report adopted by the General Grand Chapter of the United States, +declaring that no appeal could lie from the decision of the presiding +officer of any Royal Arch body. + +Since we have enunciated this doctrine as masonic law, the question next +arises, in what manner shall the Grand Master be punished, should he abuse +his great prerogative? The answer to this question admits of no doubt. It +is to be found in a regulation, adopted in 1721, by the Grand Lodge of +England, and is in these words:--"If the Grand Master should abuse his +great power, and render himself unworthy of the obedience and submission +of the Lodges, he shall be treated in a way and manner to be agreed upon +in a new regulation." But the same series of regulations very explicitly +prescribe, how this new regulation is to be made; namely, it is to be +"proposed and agreed to at the third quarterly communication preceding the +annual Grand Feast, and offered to the perusal of all the Brethren before +dinner, in writing, even of the youngest entered apprentice; the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory."[14] This +mode of making a new regulation is explicitly and positively +prescribed--it can be done in no other way--and those who accept the old +regulations as the law of Masonry, must accept this provision with them. +This will, in the present organization of many Grand Lodges, render it +almost impracticable to make such a new regulation, in which case the +Grand Master must remain exempt from other punishment for his misdeeds, +than that which arises from his own conscience, and the loss of his +Brethren's regard and esteem. + +II. The power of granting dispensations is one of the most important +prerogatives of the Grand Master. A dispensation may be defined to be an +exemption from the observance of some law or the performance of some duty. +In Masonry, no one has the authority to grant this exemption, except the +Grand Master; and, although the exercise of it is limited within the +observance of the ancient landmarks, the operation of the prerogative is +still very extensive. The dispensing power may be exercised under the +following circumstances: + +1. The fourth old Regulation prescribes that "no lodge shall make more +than five new Brothers at one and the same time without an urgent +necessity."[15] But of this necessity the Grand Master may judge, and, on +good and sufficient reason being shown, he may grant a dispensation +enabling any lodge to suspend this regulation and make more than five new +Brothers. + +2. The next regulation prescribes "that no one can be accepted a member of +a particular lodge without previous notice, one month before given to the +lodge, in order to make due inquiry into the reputation and capacity of +the candidate." But here, also, it is held that, in a suitable case of +emergency, the Grand Master may exercise his prerogative and dispense with +this probation of one month, permitting the candidate to be made on the +night of his application. + +3. If a lodge should have omitted for any causes to elect its officers or +any of them on the constitutional night of election, or if any officer so +elected shall have died, been deposed or removed from the jurisdiction +subsequent to his election, the Grand Master may issue a dispensation +empowering the lodge to proceed to an election or to fill the vacancy at +any other specified communication; but he cannot grant a dispensation to +elect a new master in consequence of the death or removal of the old one, +while the two Wardens or either of them remain--because the Wardens +succeed by inherent right and in order of seniority to the vacant +mastership. And, indeed, it is held that while one of the three officers +remains, no election can be held, even by dispensation, to fill the other +two places, though vacancies in them may have occurred by death or +removal. + +4. The Grand Master may grant a dispensation empowering a lodge to elect +a Master from among the members on the floor; but this must be done only +when every Past Master, Warden, and Past Warden of the lodge has refused +to serve,[16] because ordinarily a requisite qualification for the +Mastership is, that the candidate shall, previously, have served in the +office of Warden. + +5. In the year 1723 a regulation was adopted, prescribing "that no Brother +should belong to more than one lodge within the bills of mortality." +Interpreting the last expression to mean three miles--which is now +supposed to be the geographical limit of a lodge's jurisdiction, this +regulation may still be considered as a part of the law of Masonry; but in +some Grand Lodges, as that of South Carolina, for instance, the Grand +Master will sometimes exercise his prerogative, and, dispensing with this +regulation, permit a Brother to belong to two lodges, although they may be +within three miles of each other. + +6. But the most important power of the Grand Master connected with his +dispensing prerogative is, that of constituting new lodges. It has +already been remarked that, anciently, a warrant was not required for the +formation of a lodge, but that a sufficient number of Masons, met together +within a certain limit, were empowered, with the consent of the sheriff or +chief magistrate of the place, to make Masons and practice the rites of +Masonry, without such warrant of Constitution. But, in the year 1717, it +was adopted as a regulation, that every lodge, to be thereafter convened, +should be authorised to act by a warrant from the Grand Master for the +time being, granted to certain persons by petition, with the consent and +approbation of the Grand Lodge in communication. Ever since that time, no +lodge has been considered as legally established, unless it has been +constituted by the authority of the Grand Master. In the English +Constitutions, the instrument thus empowering a lodge to meet, is called, +when granted by the Grand Master, a Warrant of Constitution. It is granted +by the Grand Master and not by the Grand Lodge. It appears to be a final +instrument, notwithstanding the provision enacted in 1717, requiring the +consent and approbation of the Grand Lodge; for in the Constitution of the +United Grand Lodge of England, there is no allusion whatever to this +consent and approbation. + +But in this country, the process is somewhat different, and the Grand +Master is deprived of a portion of his prerogative. Here, the instrument +granted by the Grand Master is called a Dispensation. The lodge receiving +it is not admitted into the register of lodges, nor is it considered as +possessing any of the rights and privileges of a lodge, except that of +making Masons, until a Warrant of Constitution is granted by the Grand +Lodge. The ancient prerogative of the Grand Master is, however, preserved +in the fact, that after a lodge has been thus warranted by the Grand +Lodge, the ceremony of constituting it, which embraces its consecration +and the installation of its officers, can only be performed by the Grand +Master in person, or by his special Deputy appointed for that purpose.[17] + +III. The third prerogative of the Grand Master is that of visitation. He +has a right to visit any lodge within his jurisdiction at such times as he +pleases, and when there to preside; and it is the duty of the Master to +offer him the chair and his gavel, which the Grand Master may decline or +accept at his pleasure. This prerogative admits of no question, as it is +distinctly declared in the first of the Thirty-nine Regulations, adopted +in 1721, in the following words:-- + +"The Grand Master or Deputy has full authority and right, not only to be +present, but to preside in every lodge, with the Master of the lodge on +his left hand, and to order his Grand Wardens to attend him, who are not +to act as Wardens of particular lodges, but in his presence and at his +command; for the Grand Master, while in a particular lodge, may command +the Wardens of that lodge, or any other Master Masons, to act as his +Wardens, _pro tempore_." + +But in a subsequent regulation it was provided, that as the Grand Master +cannot deprive the Grand Wardens of that office without the consent of the +Grand Lodge, he should appoint no other persons to act as Wardens in his +visitation to a private lodge, unless the Grand Wardens were absent. This +whole regulation is still in existence. + +The question has been lately mooted, whether, if the Grand Master declines +to preside, he does not thereby place himself in the position of a +private Brother, and become subject, as all the others present, to the +control of the Worshipful Master. I answer, that of course he becomes +subject to and must of necessity respect those rules of order and decorum +which are obligatory on all good men and Masons; but that he cannot, by +the exercise of an act of courtesy in declining to preside, divest himself +of his prerogative, which, moreover, he may at any time during the evening +assume, and demand the gavel. The Grand Master of Masons can, under no +circumstances, become subject to the decrees and orders of the Master of a +particular lodge. + +IV. Another prerogative of the Grand Master is that of appointment; which, +however, in this country, has been much diminished. According to the old +regulations, and the custom is still continued in the Constitutions of the +Grand Lodge of England, the Grand Master has the right of appointing his +Deputy and Wardens. In the United States, the office has been shorn of +this high prerogative, and these Officers are elected by the Grand Lodge. +The Deputy, however, is still appointed by the Grand Master, in some of +the States, as Massachusetts, North Carolina, Wisconsin, and Texas. The +appointment of the principal subordinate officers, is also given to the +Grand Master by the American Grand Lodges. + +V. The last and most extraordinary power of the Grand Master, is that of +_making Masons at sight_. + +The power to "make Masons at sight" is a technical term, which may be +defined to be the power to initiate, pass, and raise candidates by the +Grand Master, in a lodge of emergency, or as it is called in the Book of +Constitutions, "an occasional lodge," especially convened by him, and +consisting of such Master Masons as he may call together for that purpose +only--the lodge ceasing to exist as soon as the initiation, passing, or +raising, has been accomplished and the Brethren have been dismissed by the +Grand Master. + +Whether such a power is vested in the Grand Master, is a question that, +within the last few years, has been agitated with much warmth, by some of +the Grand Lodges of this country; but I am not aware that, until very +lately, the prerogative was ever disputed.[18] + +In the Book of Constitutions, however, several instances are furnished of +the exercise of this right by various Grand Masters. + +In 1731, Lord Lovel being Grand Master, he "formed an occasional lodge at +Houghton Hall, Sir Robert Walpole's House in Norfolk," and there made the +Duke of Lorraine, afterwards Emperor of Germany, and the Duke of +Newcastle, Master Masons.[19] + +I do not quote the case of the initiation, passing, and raising of +Frederick, Prince of Wales, in 1737, which was done in "an occasional +lodge," over which Dr. Desaguliers presided,[20] because as Desaguliers +was not the Grand Master, nor even, as has been incorrectly stated by the +New York Committee of Correspondence, Deputy Grand Master, but only a Past +Grand Master, it cannot be called _a making at sight_. He most probably +acted under the dispensation of the Grand Master, who at that time was the +Earl of Darnley. + +But in 1766, Lord Blaney, who was then Grand Master, convened "an +occasional lodge" and initiated, passed, and raised the Duke of +Gloucester.[21] + +Again in 1767, John Salter, the Deputy, then acting as Grand Master, +convened "an occasional lodge," and conferred the three degrees on the +Duke of Cumberland.[22] + +In 1787, the Prince of Wales was made a Mason "at an occasional lodge, +convened," says Preston, "for the purpose, at the Star and Garter, Pall +Mall, over which the Duke of Cumberland, (Grand Master) presided in +person."[23] + +But it is unnecessary to multiply instances of the right, exercised by +former Grand Masters, of congregating occasional lodges, and making Masons +at sight. It has been said, however, by the oppugners of this prerogative, +that these "occasional lodges" were only special communications of the +Grand Lodge, and the "makings" are thus supposed to have taken place under +the authority of that body, and not of the Grand Master. The facts, +however, do not sustain this position. Throughout the Book of +Constitutions, other meetings, whether regular or special, are distinctly +recorded as meetings of the Grand Lodge, while these "occasional lodges" +appear only to have been convened by the Grand Master, for the purpose of +making Masons. Besides, in many instances, the lodge was held at a +different place from that of the Grand Lodge, and the officers were not, +with the exception of the Grand Master, the officers of the Grand Lodge. +Thus the occasional lodge, which initiated the Duke of Lorraine, was held +at the residence of Sir Robert Walpole, in Norfolk, while the Grand Lodge +always met in London. In 1766, the Grand Lodge held its communications at +the Crown and Anchor; but the occasional lodge, which, in the same year, +conferred the degrees on the Duke of Gloucester, was convened at the Horn +Tavern. In the following year, the lodge which initiated the Duke of +Cumberland was convened at the Thatched House Tavern, the Grand Lodge +continuing to meet at the Crown and Anchor. + +This may be considered very conclusive evidence of the existence of the +prerogative of the Grand Master, which we are now discussing, but the +argument _Ă fortiori_, drawn from his dispensing power, will tend to +confirm the doctrine. + +No one doubts or denies the power of the Grand Master to constitute new +lodges by dispensation. In 1741, the Grand Lodge of England forgot it for +a moment, and adopted a new regulation, that no new lodge should be +constituted until the consent of the Grand Lodge had been first obtained, +"But this order, afterwards appearing," says the Book of +Constitutions,[24] "to be an infringement on the prerogative of the Grand +Master, and to be attended with many inconveniences and with damage to the +craft, was repealed." + +It is, then, an undoubted prerogative of the Grand Master to constitute +lodges by dispensation, and in these lodges, so constituted, Masons may be +legally entered, passed, and raised. This is done every day. Seven Master +Masons, applying to the Grand Master, he grants them a dispensation, under +authority of which they proceed to open and hold a lodge, and to make +Masons. This lodge is, however, admitted to be the mere creature of the +Grand Master, for it is in his power, at any time, to revoke the +dispensation he had granted, and thus to dissolve the lodge. + +But, if the Grand Master has the power thus to enable others to confer the +degrees and make Masons by his individual authority out of his presence, +are we not permitted to argue _Ă fortiori_ that he has also the right of +congregating seven Brethren and causing a Mason, to be made in his sight? +Can he delegate a power to others which he does not himself possess? And +is his calling together "an occasional lodge," and making, with the +assistance of the Brethren thus assembled, a Mason "at sight," that is to +say, in his presence, anything more or less than the exercise of his +dispensing power, for the establishment of a lodge under dispensation, for +a temporary period, and for a special purpose. The purpose having been +effected, and the Mason having been made, he revokes his dispensation, and +the lodge is dismissed. If we assumed any other ground than this, we +should be compelled to say, that though the Grand Master might authorise +others to make Masons, when he was absent, as in the usual case of lodges +under dispensation yet the instant that he attempted to convey the same +powers to be exercised in his presence, and under his personal +supervision, his authority would cease. This course of reasoning would +necessarily lead to a contradiction in terms, if not to an actual +absurdity. + +It is proper to state, in conclusion, that the views here set forth are +not entertained by the very able Committee of Foreign Correspondence of +the Grand Lodge of Florida, who only admit the power of the Grand Master +to make Masons in the Grand Lodge. On the other hand, the Grand Lodge of +Wisconsin, at its last communication, adopted a report, asserting "that +the Grand Master has the right to make Masons at sight, in cases which he +may deem proper"--and the Committee of Correspondence of New York +declares, that "since the time when the memory of man runneth not to the +contrary, Grand Masters have enjoyed the privilege of making Masons at +sight, without any preliminaries, and at any suitable time or place." + +The opinions of the two last quoted Grand Lodges embody the general +sentiment of the Craft on this subject.[25] But although the prerogative +is thus almost universally ceded to Grand Masters, there are many very +reasonable doubts as to the expediency of its exercise, except under +extraordinary circumstances of emergency. + +In England, the practice has generally been confined to the making of +Princes of the Royal Family, who, for reasons of state, were unwilling to +reduce themselves to the level of ordinary candidates and receive their +initiation publicly in a subordinate lodge. + +But in the exercise of this prerogative, the Grand Master cannot dispense +with any of the requisite forms of initiation, prescribed by the oral laws +of the Order. He cannot communicate the degrees, but must adhere to all +the established ceremonies--the conferring of degrees by "communication" +being a form unknown to the York rite. He must be assisted by the number +of Brethren necessary to open and hold a lodge. Due inquiry must be made +into the candidate's character, (though the Grand Master may, as in a case +of emergency, dispense with the usual probation of a month). He cannot +interfere with the business of a regular lodge, by making one whom it had +rejected, nor finishing one which it had commenced. Nor can he confer the +three degrees, at one and the same communication. In short, he must, in +making Masons at sight, conform to the ancient usages and landmarks of the +Order. + + + +Section II. + +_The Deputy Grand Master._ + + +The office of Deputy Grand Master is one of great dignity, but not of much +practical importance, except in case of the absence of the Grand Master, +when he assumes all the prerogatives of that officer. Neither is the +office, comparatively speaking, of a very ancient date. At the first +reorganization of the Grand Lodge in 1717, and for two or three years +afterwards, no Deputy was appointed, and it was not until 1721 that the +Duke of Montagu conferred the dignity on Dr. Beal. Originally the Deputy +was intended to relieve the Grand Master of all the burden and pressure of +business, and the 36th of the Regulations, adopted in 1721, states that "a +Deputy is said to have been always needful when the Grand Master was nobly +born," because it was considered as a derogation from the dignity of a +nobleman to enter upon the ordinary business of the craft. Hence we find, +among the General Regulations, one which sets forth this principle in the +following words: + +"The Grand Master should not receive any private intimations of business, +concerning Masons and Masonry, but from his Deputy first, except in such +cases as his worship can easily judge of; and if the application to the +Grand Master be irregular, his worship can order the Grand Wardens, or any +other so applying, to wait upon the Deputy, who is immediately to prepare +the business, and to lay it orderly before his worship." + +The Deputy Grand Master exercises, in the absence of the Grand Master, all +the prerogatives and performs all the duties of that officer. But he does +so, not by virtue of any new office that he has acquired by such absence, +but simply in the name of and as the representative of the Grand Master, +from whom alone he derives all his authority. Such is the doctrine +sustained in all the precedents recorded in the Book of Constitutions. + +In the presence of the Grand Master, the office of Deputy is merely one of +honour, without the necessity of performing any duties, and without the +power of exercising any prerogatives. + +There cannot be more than one Deputy Grand Master in a jurisdiction; so +that the appointment of a greater number, as is the case in some of the +States, is a manifest innovation on the ancient usages. District Deputy +Grand Masters, which officers are also a modern invention of this +country, seem to take the place in some degree of the Provincial Grand +Masters of England, but they are not invested with the same prerogatives. +The office is one of local origin, and its powers and duties are +prescribed by the local regulations of the Grand Lodge which may have +established it. + + + +Section III. + +_Of the Grand Wardens._ + + +The Senior and Junior Grand Wardens were originally appointed, like the +Deputy, by the Grand Master, and are still so appointed in England; but in +this country they are universally elected by the Grand Lodge. Their duties +do not materially differ from those performed by the corresponding +officers in a subordinate lodge. They accompany the Grand Master in his +visitations, and assume the stations of the Wardens of the lodge visited. + +According to the regulations of 1721, the Master of the oldest lodge +present was directed to take the chair of the Grand Lodge in the absence +of both the Grand Master and Deputy; but this was found to be an +interference with the rights of the Grand Wardens, and it was therefore +subsequently declared that, in the absence of the Grand Master and Deputy, +the last former Grand Master or Deputy should preside. But if no Past +Grand or Past Deputy Grand Master should be present, then the Senior Grand +Warden was to fill the chair, and, in his absence, the Junior Grand +Warden, and lastly, in absence of both these, then the oldest +Freemason[26] who is the present Master of a lodge. In this country, +however, most of the Grand Lodges have altered this regulation, and the +Wardens succeed according to seniority to the chair of the absent Grand +Master and Deputy, in preference to any Past Grand Officer. + + + +Section IV. + +_Of the Grand Treasurer._ + + +The office of Grand Treasurer was first established in 1724, in +consequence of a report of the Committee of Charity of the Grand Lodge of +England. But no one was found to hold the trust until the 24th of June, +1727, when, at the request of the Grand Master, the appointment was +accepted by Nathaniel Blackerby, Deputy Grand Master. The duties of the +office do not at all differ from those of a corresponding one in every +other society; but as the trust is an important one in a pecuniary view, +it has generally been deemed prudent that it should only be committed to +"a brother of good worldly substance," whose ample means would place him +beyond the chances of temptation. + +The office of Grand Treasurer has this peculiarity, that while all the +other officers below the Grand Master were originally, and still are in +England, appointed, that alone was always elective. + + + +Section V. + +_Of the Grand Secretary._ + + +This is one of the most important offices in the Grand Lodge, and should +always be occupied by a Brother of intelligence and education, whose +abilities may reflect honor on the institution of which he is the +accredited public organ. The office was established in the year 1723, +during the Grand Mastership of the Duke of Wharton, previous to which +time the duties appear to have been discharged by the Grand Wardens. + +The Grand Secretary not only records the proceedings of the Grand Lodge, +but conducts its correspondence, and is the medium through whom all +applications on masonic subjects are to be made to the Grand Master, or +the Grand Lodge. + +According to the regulations of the Grand Lodges of England, New York and +South Carolina, the Grand Secretary may appoint an assistant, who is not, +however, by virtue of such appointment, a member of the Grand Lodge. The +same privilege is also extended in South Carolina to the Grand Treasurer. + + + +Section VI. + +_Of the Grand Chaplain._ + + +This is the last of the Grand Offices that was established, having been +instituted on the 1st of May, in the year 1775. The duties are confined to +the reading of prayers, and other sacred portions of the ritual, in +consecrations, dedications, funeral services, etc. The office confers no +masonic authority at all, except that of a seat and a vote in the Grand +Lodge. + + + +Section VII. + +_Of the Grand Deacons._ + + +But little need be said of the Grand Deacons. Their duties correspond to +those of the same officers in subordinate lodges. The office of the +Deacons, even in a subordinate lodge, is of comparatively modern +institution. Dr. Oliver remarks that they are not mentioned in any of the +early Constitutions of Masonry, nor even so late as 1797, when Stephen +Jones wrote his "Masonic Miscellanies," and he thinks it "satisfactorily +proved that Deacons were not considered necessary, in working the business +of a lodge, before the very latter end of the eighteenth century."[27] + +But although the Deacons are not mentioned in the various works published +previous to that period, which are quoted by Dr. Oliver, it is +nevertheless certain that the office existed at a time much earlier than +that which he supposes. In a work in my possession, and which is now lying +before me, entitled "Every Young Man's Companion, etc., by W. Gordon, +Teacher of the Mathematics," sixth edition printed at London, in 1777, +there is a section, extending from page 413 to page 426, which is +dedicated to the subject of Freemasonry and to a description of the +working of a subordinate lodge. Here the Senior and Junior Deacons are +enumerated among the officers, their exact positions described and their +duties detailed, differing in no respect from the explanations of our own +ritual at the present day. The positive testimony of this book must of +course outweigh the negative testimony of the authorities quoted by +Oliver, and shows the existence in England of Deacons in the year 1777 at +least. + +It is also certain that the office of Deacon claims an earlier origin in +America than the "very latter end of the eighteenth century;" and, as an +evidence of this, it may be stated that, in the "Ahiman Rezon" of +Pennsylvania, published in 1783, the Grand Deacons are named among the +officers of the Grand Lodge, "as particular assistants to the Grand +Master and Senior Warden, in conducting the business of the Lodge." They +are to be found in all Grand Lodges of the York Rite, and are usually +appointed, the Senior by the Grand Master, and the Junior by the Senior +Grand Warden. + + + +Section VIII. + +_Of the Grand Marshal._ + + +The _Grand Marshal_, as an officer of convenience, existed from an early +period. We find him mentioned in the procession of the Grand Lodge, made +in 1731, where he is described as carrying "a truncheon, blue, tipped with +gold," insignia which he still retains. He takes no part in the usual work +of the Lodge; but his duties are confined to the proclamation of the Grand +Officers at their installation, and to the arrangement and superintendence +of public processions. + +The Grand Marshal is usually appointed by the Grand Master. + + + +Section IX. + +_Of the Grand Stewards._ + + +The first mention that is made of Stewards is in the Old Regulations, +adopted in 1721. Previous to that time, the arrangements of the Grand +Feast were placed in the hands of the Grand Wardens; and it was to relieve +them of this labor that the regulation was adopted, authorizing the Grand +Master, or his Deputy, to appoint a certain number of Stewards, who were +to act in concert with the Grand Wardens. In 1728, it was ordered that the +number of Stewards to be appointed should be twelve. In 1731, a regulation +was adopted, permitting the Grand Stewards to appoint their successors. +And, in 1735, the Grand Lodge ordered, that, "in consideration of their +past service and future usefulness," they should be constituted a Lodge of +Masters, to be called the Stewards' Lodge, which should have a registry in +the Grand Lodge list, and exercise the privilege of sending twelve +representatives. This was the origin of that body now known in the +Constitutions of the Grand Lodges of England and New York,[28] as the +Grand Stewards' Lodge, although it has been very extensively modified in +its organization. In New York, it is now no more than a Standing Committee +of the Grand Lodge; and in England, although it is regularly constituted, +as a Lodge of Master Masons, it is by a special regulation deprived of all +power of entering, passing, or raising Masons. In other jurisdictions, the +office of Grand Stewards is still preserved, but their functions are +confined to their original purpose of preparing and superintending the +Grand Feast. + +The appointment of the Grand Stewards should be most appropriately vested +in the Junior Grand Warden. + + + +Section X. + +_Of the Grand Sword-Bearer._ + + +_Grand Sword-Bearer._--It was an ancient feudal custom, that all great +dignitaries should have a sword of state borne before them, as the +insignia of their dignity. This usage has to this day been preserved in +the Masonic Institution, and the Grand Master's sword of state is still +borne in all public processions by an officer specially appointed for that +purpose. Some years after the reorganization of the Grand Lodge of +England, the sword was borne by the Master of the Lodge to which it +belonged; but, in 1730, the Duke of Norfolk, being then Grand Master, +presented to the Grand Lodge the sword of Gustavus Adolphus, King of +Sweden, which had afterwards been used in war by Bernard, Duke of Saxe +Weimar, and which the Grand Master directed should thereafter be adopted +as his sword of state. In consequence of this donation, the office of +Grand Sword-Bearer was instituted in the following year. The office is +still retained; but some Grand Lodges have changed the name to that of +_Grand Pursuivant_. + + + +Section XI. + +_Of the Grand Tiler._ + + +It is evident from the Constitutions of Masonry, as well as from the +peculiar character of the institution, that the office of Grand Tiler must +have existed from the very first organization of a Grand Lodge. As, from +the nature of the duties that he has to perform, the Grand Tiler is +necessarily excluded from partaking of the discussions, or witnessing the +proceedings of the Grand Lodge, it has very generally been determined, +from a principle of expediency, that he shall not be a member of the Grand +Lodge during the term of his office. + +The Grand Tiler is sometimes elected by the Grand Lodge, and sometimes +appointed by the Grand Master. + + + + +Chapter V. + +Of the Powers and Prerogatives of a Grand Lodge. + + + +Section I. + +_General View._ + + +The necessary and usual officers of a Grand Lodge having been described, +the rights, powers, and prerogatives of such a body is the next subject of +our inquiry. + +The foundation-stone, upon which the whole superstructure of masonic +authority in the Grand Lodge is built, is to be found in that conditional +clause annexed to the thirty-eight articles, adopted in 1721 by the Masons +of England, and which is in these words: + +"Every annual Grand Lodge has an inherent power and authority to make new +regulations, or to alter these for the real benefit of this ancient +fraternity; PROVIDED ALWAYS THAT THE OLD LANDMARKS BE CAREFULLY +PRESERVED; and that such alterations and new regulations be proposed and +agreed to at the third quarterly communication preceding the annual Grand +Feast; and that they be offered also to the perusal of all the Brethren +before dinner, in writing, even of the youngest Entered Apprentice: the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory." + +The expression which is put in capitals--"provided always that the old +landmarks be carefully preserved"--is the limiting clause which must be +steadily borne in mind, whenever we attempt to enumerate the powers of a +Grand Lodge. It must never be forgotten (in the words of another +regulation, adopted in 1723, and incorporated in the ritual of +installation), that "it is not in the power of any man, or body of men, to +make any alteration or innovation in the body of Masonry." + +"With these views to limit us, the powers of a Grand Lodge may be +enumerated in the language which has been adopted in the modern +constitutions of England, and which seem to us, after a careful +comparison, to be as comprehensive and correct as any that we have been +able to examine. This enumeration is in the following language: + +"In the Grand Lodge, alone, resides the power of enacting laws and +regulations for the permanent government of the craft, and of altering, +repealing, and abrogating them, always taking care that the ancient +landmarks of the order are preserved. The Grand Lodge has also the +inherent power of investigating, regulating, and deciding all matters +relative to the craft, or to particular lodges, or to individual Brothers, +which it may exercise either of itself, or by such delegated authority, as +in its wisdom and discretion it may appoint; but in the Grand Lodge alone +resides the power of erasing lodges, and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate authority +in England." + +In this enumeration we discover the existence of three distinct classes of +powers:--1, a legislative power; 2, a judicial power; and 3, an executive +power. Each of these will occupy a separate section. + + + +Section II. + +_Of the Legislative Power of a Grand Lodge._ + + +In the passage already quoted from the Constitutions of the Grand Lodge of +England it is said, "in the Grand Lodge, alone, resides the power of +enacting laws and regulations for the government of the craft, and of +altering, repealing, and abrogating them." General regulations for the +government of the whole craft throughout the world can no longer be +enacted by a Grand Lodge. The multiplication of these bodies, since the +year 1717, has so divided the supremacy that no regulation now enacted can +have the force and authority of those adopted by the Grand Lodge of +England in 1721, and which now constitute a part of the fundamental law of +Masonry, and as such are unchangeable by any modern Grand Lodge. + +Any Grand Lodge may, however, enact local laws for the direction of its +own special affairs, and has also the prerogative of enacting the +regulations which are to govern all its subordinates and the craft +generally in its own jurisdiction. From this legislative power, which +belongs exclusively to the Grand Lodge, it follows that no subordinate +lodge can make any new bye-laws, nor alter its old ones, without the +approval and confirmation of the Grand Lodge. Hence, the rules and +regulations of every lodge are inoperative until they are submitted to and +approved by the Grand Lodge. The confirmation of that body is the enacting +clause; and, therefore, strictly speaking, it may be said that the +subordinates only propose the bye-laws, and the Grand Lodge enacts them. + + + +Section III. + +_Of the Judicial Power of a Grand Lodge._ + + +The passage already quoted from the English Constitutions continues to +say, that "the Grand Lodge has the inherent power of investigating, +regulating and deciding all matters relative to the craft, or to +particular lodges, or to individual Brothers, which it may exercise, +either of itself, or by such delegated authority as in its wisdom and +discretion it may appoint." Under the first clause of this section, the +Grand Lodge is constituted as the Supreme Masonic Tribunal of its +jurisdiction. But as it would be impossible for that body to investigate +every masonic offense that occurs within its territorial limits, with that +full and considerate attention that the principles of justice require, it +has, under the latter clause of the section, delegated this duty, in +general, to the subordinate lodges, who are to act as its committees, and +to report the results of their inquiry for its final disposition. From +this course of action has risen the erroneous opinion of some persons, +that the jurisdiction of the Grand Lodge is only appellate in its +character. Such is not the case. The Grand Lodge possesses an original +jurisdiction over all causes occurring within its limits. It is only for +expediency that it remits the examination of the merits of any case to a +subordinate lodge as a _quasi_ committee. It may, if it thinks proper, +commence the investigation of any matter concerning either a lodge, or an +individual brother within its own bosom, and whenever an appeal from the +decision of a lodge is made, which, in reality, is only a dissent from the +report of the lodge, the Grand Lodge does actually recommence the +investigation _de novo_, and, taking the matter out of the lodge, to whom +by its general usage it had been primarily referred, it places it in the +hands of another committee of its own body for a new report. The course of +action is, it is true, similar to that in law, of an appeal from an +inferior to a superior tribunal. But the principle is different. The Grand +Lodge simply confirms or rejects the report that has been made to it, and +it may do that without any appeal having been entered. It may, in fact, +dispense with the necessity of an investigation by and report from a +subordinate lodge altogether, and undertake the trial itself from the +very inception. But this, though a constitutional, is an unusual course. +The subordinate lodge is the instrument which the Grand Lodge employs in +considering the investigation. It may or it may not make use of the +instrument, as it pleases. + + + +Section IV. + +_Of the Executive Power of a Grand Lodge._ + + +The English Constitutions conclude, in the passage that has formed the +basis of our previous remarks, by asserting that "in the Grand Lodge, +alone, resides the power of erasing lodges and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate +authority." The power of the Grand Lodge to erase lodges is accompanied +with a coincident power of constituting new lodges. This power it +originally shared with the Grand Master, and still does in England; but in +this country the power of the Grand Lodge is paramount to that of the +Grand Master. The latter can only constitute lodges temporarily, by +dispensation, and his act must be confirmed, or may be annulled by the +Grand Lodge. It is not until a lodge has received its Warrant of +Constitution from the Grand Lodge, that it can assume the rank and +exercise the prerogatives of a regular and legal lodge. + +The expelling power is one that is very properly intrusted to the Grand +Lodge, which is the only tribunal that should impose a penalty affecting +the relations of the punished party with the whole fraternity. Some of the +lodges in this country have claimed the right to expel independently of +the action of the Grand Lodge. But the claim is founded on an erroneous +assumption of powers that have never existed, and which are not recognized +by the ancient constitutions, nor the general usages of the fraternity. A +subordinate lodge tries its delinquent member, under the provisions which +have already been stated, and, according to the general usage of lodges in +the United States, declares him expelled. But the sentence is of no force +nor effect until it has been confirmed by the Grand Lodge, which may, or +may not, give the required confirmation, and which, indeed, often refuses +to do so, but actually reverses the sentence. It is apparent, from the +views already expressed on the judicial powers of the Grand Lodge, that +the sentence of expulsion uttered by the subordinate is to be taken in +the sense of a recommendatory report, and that it is the confirmation and +adoption of that report by the Grand Lodge that alone gives it vitality +and effect. + +The expelling power presumes, of course, coincidently, the reinstating +power. As the Grand Lodge alone can expel, it also alone can reinstate. + +These constitute the general powers and prerogatives of a Grand Lodge. Of +course there are other local powers, assumed by various Grand Lodges, and +differing in the several jurisdictions, but they are all derived from some +one of the three classes that we have enumerated. From these views, it +will appear that a Grand Lodge is the supreme legislative, judicial, and +executive authority of the Masonic jurisdiction in which it is situated. +It is, to use a feudal term, "the lord paramount" in Masonry. It is a +representative body, in which, however, it constituents have delegated +everything and reserved no rights to themselves. Its authority is almost +unlimited, for it is restrained by but a single check:--_It cannot alter +or remove the ancient landmarks_. + + + + + +Book Second + +Laws of Subordinate Lodges. + + + +Having thus succinctly treated of the law in relation to Grand Lodges, I +come next in order to consider the law as it respects the organization, +rights, powers, and privileges of subordinate Lodges; and the first +question that will engage our attention will be, as to the proper method +of organizing a Lodge. + + + + +Chapter I. + +Of the Nature and Organization of Subordinate Lodges. + + + +The old charges define a Lodge to be "a place where Masons assemble and +work;" and also "that assembly, or duly organized society of Masons." The +lecture on the first degree gives a still more precise definition. It says +that "a lodge is an assemblage of Masons, duly congregated, having the +Holy Bible, square, and compasses, and a charter, or warrant of +constitution, empowering them to work." + +Every lodge of Masons requires for its proper organization, that it should +have been congregated by the permission of some superior authority, which +may be either a Grand Master or a Grand Lodge. When a lodge is organized +by the authority of a Grand Master, it is said to work under a +Dispensation, and when by the authority of a Grand Lodge, it is said to +work under a warrant of constitution. In the history of a lodge, the +former authority generally precedes the latter, the lodge usually working +for some time under the dispensation of the Grand Master, before it is +regularly warranted by the Grand Lodge. But this is not necessarily the +case. A Grand Lodge will sometimes grant a warrant of constitution at +once, without the previous exercise, on the part of the Grand Master, of +his dispensing power. As it is, however, more usually the practice for the +dispensation to precede the warrant of constitution, I shall explain the +formation of a lodge according to that method. + +Any number of Master Masons, not under seven, being desirous of uniting +themselves into a lodge, apply by petition to the Grand Master for the +necessary authority. This petition must set forth that they now are, or +have been, members of a regularly constituted lodge, and must assign, as a +reason for their application, that they desire to form the lodge "for the +conveniency of their respective dwellings," or some other sufficient +reason. The petition must also name the brethren whom they desire to act +as their Master and Wardens, and the place where they intend to meet; and +it must be recommended by the nearest lodge. + +Dalcho says that not less than three Master Masons should sign the +petition; but in this he differs from all the other authorities, which +require not less than seven. This rule, too, seems to be founded in +reason; for, as it requires seven Masons to constitute a quorum for +opening and holding a lodge of Entered Apprentices, it would be absurd to +authorize a smaller number to organize a lodge which, after its +organization, could not be opened, nor make Masons in that degree. + +Preston says that the petition must be recommended "by the Masters of +three regular lodges adjacent to the place where the new lodge is to be +held." Dalcho says it must be recommended "by three other known and +approved Master Masons," but does not make any allusion to any adjacent +lodge. The laws and regulations of the Grand Lodge of Scotland require the +recommendation to be signed "by the Masters and officers of two of the +nearest lodges." The Constitutions of the Grand Lodge of England require +that it must be recommended "by the officers of some regular lodge." The +recommendation of a neighboring lodge is the general usage of the craft, +and is intended to certify to the superior authority, on the very best +evidence that can be obtained, that, namely, of an adjacent lodge, that +the new lodge will be productive of no injury to the Order. + +If this petition be granted, the Grand Secretary prepares a document +called a _dispensation_, which authorizes the officers named in the +petition to open and hold a lodge, and to "enter, pass, and raise +Freemasons." The duration of this dispensasation is generally expressed on +its face to be, "until it shall be revoked by the Grand Master or the +Grand Lodge, or until a warrant of constitution is granted by the Grand +Lodge." Preston says, that the Brethren named in it are authorized "to +assemble as Masons for forty days, and until such time as a warrant of +constitution can be obtained by command of the Grand Lodge, or that +authority be recalled." But generally, usage continues the dispensation +only until the next meeting of the Grand Lodge, when it is either revoked, +or a warrant of constitution granted. + +If the dispensation be revoked by either the Grand Master or the Grand +Lodge (for either has the power to do so), the lodge of course at once +ceases to exist. Whatever funds or property it has accumulated revert, as +in the case of all extinct lodges, to the Grand Lodge, which may be called +the natural heir of its subordinates; but all the work done in the lodge, +under the dispensation, is regular and legal, and all the Masons made by +it are, in every sense of the term, "true and lawful Brethren." + +Let it be supposed, however, that the dispensation is confirmed or +approved by the Grand Lodge, and we thus arrive at another step in the +history of the new lodge. At the next sitting of the Grand Lodge, after +the dispensation has been issued by the Grand Master, he states that fact +to the Grand Lodge, when, either at his request, or on motion of some +Brother, the vote is taken on the question of constituting the new lodge, +and, if a majority are in favor of it, the Grand Secretary is ordered to +grant a warrant of constitution. + +This instrument differs from a dispensation in many important particulars. +It is signed by all the Grand Officers, and emanates from the Grand Lodge, +while the dispensation emanates from the office of the Grand Master, and +is signed by him alone. The authority of the dispensation is temporary, +that of the warrant permanent; the one can be revoked at pleasure by the +Grand Master, who granted it; the other only for cause shown, and by the +Grand Lodge; the one bestows only a name, the other both a name and a +number; the one confers only the power of holding a lodge and making +Masons, the other not only confers these powers, but also those of +installation and of succession in office. From these differences in the +characters of the two documents, arise important differences in the powers +and privileges of a lodge under dispensation and of one that has been +regularly constituted. These differences shall hereafter be considered. + +The warrant having been granted, there still remain certain forms and +ceremonies to be observed, before the lodge can take its place among the +legal and registered lodges of the jurisdiction in which it is situated. +These are its consecration, its dedication, its constitution, and the +installation of its officers. We shall not fully enter into a description +of these various ceremonies, because they are laid down at length in all +the Monitors, and are readily accessible to our readers. It will be +sufficient if we barely allude to their character. + +The ceremony of constitution is so called, because by it the lodge becomes +constituted or established. Orthoepists define the verb to constitute, as +signifying "to give a formal existence to anything." Hence, to constitute +a lodge is to give it existence, character, and standing as such; and the +instrument that warrants the person so constituting or establishing it, in +this act, is very properly called the "warrant of constitution." + +The consecration, dedication, and constitution of a lodge must be +performed by the Grand Master in person; or, if he cannot conveniently +attend, by some Past Master appointed by him as his special proxy or +representative for that purpose. On the appointed evening, the Grand +Master, accompanied by his Grand Officers, repairs to the place where the +new lodge is to hold its meetings, the lodge[29] having been placed in the +centre of the room and decently covered with a piece of white linen or +satin. Having taken the chair, he examines the records of the lodge and +the warrant of constitution; the officers who have been chosen are +presented before him, when he inquires of the Brethren if they continue +satisfied with the choice they have made. The ceremony of consecration is +then performed. The Lodge is uncovered; and corn, wine, and oil--the +masonic elements of consecration--are poured upon it, accompanied by +appropriate prayers and invocations, and the lodge is finally declared to +be consecrated to the honor and glory of God. + +This ceremony of consecration has been handed down from the remotest +antiquity. A consecrating--a separating from profane things, and making +holy or devoting to sacred purposes--was practiced by both the Jews and +the Pagans in relation to their temples, their altars, and all their +sacred utensils. The tabernacle, as soon as it was completed, was +consecrated to God by the unction of oil. Among the Pagan nations, the +consecration of their temples was often performed with the most sumptuous +offerings and ceremonies; but oil was, on all occasions, made use of as an +element of the consecration. The lodge is, therefore, consecrated to +denote that henceforth it is to be set apart as an asylum sacred to the +cultivation of the great masonic principles of Friendship, Morality, and +Brotherly Love. Thenceforth it becomes to the conscientious Mason a place +worthy of his reverence; and he is tempted, as he passes over its +threshold, to repeat the command given to Moses: "Put off thy shoes from +off thy feet, for the place whereon thou standest is holy ground." + +The corn, wine, and oil are appropriately adopted as the Masonic elements +of consecration, because of the symbolic signification which they present +to the mind of the Mason. They are enumerated by David as among the +greatest blessings which we receive from the bounty of Divine Providence. +They were annually offered by the ancients as the first fruits, in a +thank-offering for the gifts of the earth; and as representatives of "the +corn of nourishment, the wine of refreshment, and the oil of joy," they +symbolically instruct the Mason that to the Grand Master of the Universe +he is indebted for the "health, peace, and plenty" that he enjoys. + +After the consecration of the lodge, follows its dedication. This is a +simple ceremony, and principally consists in the pronunciation of a +formula of words by which the lodge is declared to be dedicated to the +holy Saints John, followed by an invocation that "every Brother may revere +their character and imitate their virtues." + +Masonic tradition tells us that our ancient Brethren dedicated their +lodges to King Solomon, because he was their first Most Excellent Grand +Master; but that modern Masons dedicate theirs to St. John the Baptist and +St. John the Evangelist, because they were two eminent patrons of Masonry. +A more appropriate selection of patrons to whom to dedicate the lodge, +could not easily have been made; since St. John the Baptist, by +announcing the approach of Christ, and by the mystical ablution to which +he subjected his proselytes, and which was afterwards adopted in the +ceremony of initiation into Christianity, might well be considered as the +Grand Hierophant of the Church; while the mysterious and emblematic nature +of the Apocalypse assimilated the mode of teaching adopted by St. John the +Evangelist to that practiced by the fraternity. Our Jewish Brethren +usually dedicate their lodges to King Solomon, thus retaining their +ancient patron, although they thereby lose the benefit of that portion of +the Lectures which refers to the "lines parallel." The Grand Lodge of +England, at the union in 1813, agreed to dedicate to Solomon and Moses, +applying the parallels to the framer of the tabernacle and the builder of +the temple; but they have no warranty for this in ancient usage, and it is +unfortunately not the only innovation on the ancient landmarks that that +Grand Lodge has lately permitted. + +The ceremony of dedication, like that of consecration, finds its archetype +in the remotest antiquity. The Hebrews made no use of any new thing until +they had first solemnly dedicated it. This ceremony was performed in +relation even to private houses, as we may learn from the book of +Deuteronomy.[30] The 30th Psalm is a song said to have been made by David +on the dedication of the altar which he erected on the threshing-floor of +Ornan the Jebusite, after the grievous plague which had nearly devastated +the kingdom. Solomon, it will be recollected, dedicated the temple with +solemn ceremonies, prayers, and thank-offerings. The ceremony of +dedication is, indeed, alluded to in various portions of the Scriptures. + +Selden[31] says that among the Jews sacred things were both dedicated and +consecrated; but that profane things, such as private houses, etc., were +simply dedicated, without consecration. The same writer informs us that +the Pagans borrowed the custom of consecrating and dedicating their sacred +edifices, altars, and images, from the Hebrews. + +The Lodge having been thus consecrated to the solemn objects of +Freemasonry, and dedicated to the patrons of the institution, it is at +length prepared to be constituted. The ceremony of constitution is then +performed by the Grand Master, who, rising from his seat, pronounces the +following formulary of constitution: + +"In the name of the most Worshipful Grand Lodge, I now constitute and form +you, my beloved Brethren, into a regular lodge of Free and Accepted +Masons. From this time forth, I empower you to meet as a regular lodge, +constituted in conformity to the rites of our Order, and the charges of +our ancient and honorable fraternity;--and may the Supreme Architect of +the Universe prosper, direct, and counsel you, in all your doings." + +This ceremony places the lodge among the registered lodges of the +jurisdiction in which it is situated, and gives it a rank and standing and +permanent existence that it did not have before. In one word, it has, by +the consecration, dedication, and constitution, become what we technically +term "a just and legally constituted lodge," and, as such, is entitled to +certain rights and privileges, of which we shall hereafter speak. Still, +however, although the lodge has been thus fully and completely organized, +its officers have as yet no legal existence. To give them this, it is +necessary that they be inducted into their respective offices, and each +officer solemnly bound to the faithful performance of the duties he has +undertaken to discharge. This constitutes the ceremony of installation. +The Worshipful Master of the new lodge is required publicly to submit to +the ancient charges; and then all, except Past Masters, having retired, he +is invested with the Past Master's degree, and inducted into the oriental +chair of King Solomon. The Brethren are then introduced, and due homage is +paid to their new Master, after which the other officers are obligated to +the faithful discharge of their respective trusts, invested with their +insignia of office, and receive the appropriate charge. This ceremony must +be repeated at every annual election and change of officers. + +The ancient rule was, that when the Grand Master and his officers attended +to constitute a new lodge, the Deputy Grand Master invested the new +Master, the Grand Wardens invested the new Wardens, and the Grand +Treasurer and Grand Secretary invested the Treasurer and Secretary. But +this regulation has become obsolete, and the whole installation and +investiture are now performed by the Grand Master. On the occasion of +subsequent installations, the retiring Master installs his successor; and +the latter installs his subordinate officers. + +The ceremony of installation is derived from the ancient custom of +inauguration, of which we find repeated instances in the sacred as well as +profane writings. Aaron was inaugurated, or installed, by the unction of +oil, and placing on him the vestments of the High Priest; and every +succeeding High Priest was in like manner installed, before he was +considered competent to discharge the duties of his office. Among the +Romans, augurs, priests, kings, and, in the times of the republic, consuls +were always inaugurated or installed. And hence, Cicero, who was an augur, +speaking of Hortensius, says, "it was he who installed me as a member of +the college of augurs, so that I was bound by the constitution of the +order to respect and honour him as a parent."[32] The object and intention +of the ancient inauguration and the Masonic installation are precisely the +same, namely, that of setting apart and consecrating a person to the +duties of a certain office. + +The ceremonies, thus briefly described, were not always necessary to +legalize a congregation of Masons. Until the year 1717, the custom of +confining the privileges of Masonry, by a warrant of constitution, to +certain individuals, was wholly unknown. Previous to that time, a +requisite number of Master Masons were authorized by the ancient charges +to congregate together, temporarily, at their own discretion, and as best +suited their convenience, and then and there to open and hold lodges and +make Masons; making, however, their return, and paying their tribute to +the General Assembly, to which all the fraternity annually repaired, and +by whose awards the craft were governed. + +Preston, speaking of this ancient privilege, says: "A sufficient number of +Masons met together within a certain district, with the consent of the +sheriff or chief magistrate of the place, were empowered at this time to +make Masons and practice the rights of Masonry, without a warrant of +constitution." This privilege, Preston says, was inherent in them as +individuals, and continued to be enjoyed by the old lodges, which formed +the Grand Lodge in 1717, as long as they were in existence. + +But on the 24th June, 1717, the Grand Lodge of England adopted the +following regulation: "That the privilege of assembling as Masons, which +had hitherto been unlimited, should be vested in certain lodges or +assemblies of Masons, convened in certain places; and that every lodge to +be hereafter convened, except the four old lodges at this time existing, +should be legally authorized to act by a warrant from the Grand Master for +the time being, granted to certain individuals by petition, with the +consent and approbation of the Grand Lodge in communication; and that, +without such warrant, no lodge should be hereafter deemed regular or +constitutional." + +This regulation has ever since continued in force, and it is the original +law under which warrants of constitution are now granted by Grand Lodges +for the organization of their subordinates. + + + + +Chapter II. + +Of Lodges under Dispensation. + + + +It is evident, from what has already been said, that there are two kinds +of lodges, each regular in itself, but each peculiar and distinct in its +character. There are lodges working under a dispensation, and lodges +working under a warrant of constitution. Each of these will require a +separate consideration. The former will be the subject of the present +chapter. + +A lodge working under a dispensation is a merely temporary body, +originated for a special purpose, and is therefore possessed of very +circumscribed powers. The dispensation, or authority under which it acts, +expressly specifies that the persons to whom it is given are allowed to +congregate that they may "admit, enter, pass, and raise Freemasons;" no +other powers are conferred either by words or implication, and, indeed, +sometimes the dispensation states, that that congregation is to be "with +the sole intent and view, that the Brethren so congregated, admitted, +entered, and made, when they become a sufficient number, may be duly +warranted and constituted for being and holding a regular lodge."[33] + +A lodge under dispensation is simply the creature of the Grand Master. To +him it is indebted for its existence, and on his will depends the duration +of that existence. He may at any time revoke the dispensation, and the +dissolution of the lodge would be the instant result. Hence a lodge +working under a dispensation can scarcely, with strict technical +propriety, be called a lodge; it is, more properly speaking, a +congregation of Masons, acting as the proxy of the Grand Master. + +With these views of the origin and character of lodges under dispensation, +we will be better prepared to understand the nature and extent of the +powers which they possess. + +A lodge under dispensation can make no bye-laws. It is governed, during +its temporary existence, by the general Constitutions of the Order and the +rules and regulations of the Grand Lodge in whose jurisdiction it is +situated. In fact, as the bye-laws of no lodge are operative until they +are confirmed by the Grand Lodge, and as a lodge working under a +dispensation ceases to exist as such as soon as the Grand Lodge meets, it +is evident that it would be absurd to frame a code of laws which would +have no efficacy, for want of proper confirmation, and which, when the +time and opportunity for confirmation had arrived, would be needless, as +the society for which they were framed would then have no legal +existence--a new body (the warranted lodge) having taken its place. + +A lodge under dispensation cannot elect officers. The Master and Wardens +are nominated by the Brethren, and, if this nomination is approved, they +are appointed by the Grand Master. In giving them permission to meet and +make Masons, he gave them no power to do anything else. A dispensation is +itself a setting aside of the law, and an exception to a general +principle; it must, therefore, be construed literally. What is not granted +in express terms, is not granted at all. And, therefore, as nothing is +said of the election of officers, no such election can be held. The Master +may, however, and always does for convenience, appoint a competent +Brother to keep a record of the proceedings; but this is a temporary +appointment, at the pleasure of the Master, whose deputy or assistant he +is; for the Grand Lodge looks only to the Master for the records, and the +office is not legally recognized. In like manner, he may depute a trusty +Brother to take charge of the funds, and must, of course, from time to +time, appoint the deacons and tiler for the necessary working of the +lodge. + +As there can be no election, neither can there be any installation, which, +of course, always presumes a previous election for a determinate period. +Besides, the installation of officers is a part of the ceremony of +constitution, and therefore not even the Master and Wardens of a lodge +under dispensation are entitled to be thus solemnly inducted into office. + +A lodge under dispensation can elect no members. The Master and Wardens, +who are named in the dispensation, are, in point of fact, the only persons +recognized as constituting the lodge. To them is granted the privilege, as +proxies of the Grand Master, of making Masons; and for this purpose they +are authorized to congregate a sufficient number of Brethren to assist +them in the ceremonies. But neither the Master and Wardens, nor the +Brethren, thus congregated have received any power of electing members. +Nor are the persons made in a lodge under dispensation, to be considered +as members of the lodge; for, as has already been shown, they have none of +the rights and privileges which attach to membership--they can neither +make bye-laws nor elect officers. They, however, become members of the +lodge as soon as it receives its warrant of constitution. + + + + +Chapter III. + + +Of Lodges Working under a Warrant of Constitution. + + + +Section I. + +_Of the Powers and Rights of a Lodge._ + + +In respect to the powers and privileges possessed by a lodge working under +a warrant of constitution, we may say, as a general principle, that +whatever it does possess is inherent in it--nothing has been delegated by +either the Grand Master or the Grand Lodge--but that all its rights and +powers are derived originally from the ancient regulations, made before +the existence of Grand Lodges, and that what it does not possess, are the +powers which were conceded by its predecessors to the Grand Lodge. This is +evident from the history of warrants of constitution, the authority under +which subordinate lodges act. The practice of applying by petition to the +Grand Master or the Grand Lodge, for a warrant to meet as a regular +lodge, commenced in the year 1718. Previous to that time, Freemasons were +empowered by inherent privileges, vested, from time immemorial, in the +whole fraternity, to meet as occasion might require, under the direction +of some able architect; and the proceedings of these meetings, being +approved by a majority of the Brethren convened at another lodge in the +same district, were deemed constitutional.[34] But in 1718, a year after +the formation of the Grand Lodge of England, this power of meeting _ad +libitum_ was resigned into the hands of that body, and it was then agreed +that no lodges should thereafter meet, unless authorized so to do by a +warrant from the Grand Master, and with the consent of the Grand Lodge. +But as a memorial that this abandonment of the ancient right was entirely +voluntary, it was at the same time resolved that this inherent privilege +should continue to be enjoyed by the four old lodges who formed the Grand +Lodge. And, still more effectually to secure the reserved rights of the +lodges, it was also solemnly determined, that while the Grand Lodge +possesses the inherent right of making new regulations for the good of the +fraternity, provided that the _old landmarks be carefully preserved_, yet +that these regulations, to be of force, must be proposed and agreed to at +the third quarterly communication preceding the annual grand feast, and +submitted to the perusal of all the Brethren, in writing, even of the +youngest entered apprentice; "_the approbation and consent of the majority +of all the Brethren present being absolutely necessary, to make the same +binding and obligatory_."[35] + +The corollary from all this is clear. All the rights, powers, and +privileges, not conceded, by express enactment of the fraternity, to the +Grand Lodge, have been reserved to themselves. Subordinate lodges are the +assemblies of the craft in their primary capacity, and the Grand Lodge is +the Supreme Masonic Tribunal, only because it consists of and is +constituted by a representation of these primary assemblies. And, +therefore, as every act of the Grand Lodge is an act of the whole +fraternity thus represented, each new regulation that may be made is not +an assumption of authority on the part of the Grand Lodge, but a new +concession on the part of the subordinate lodges. + +This doctrine of the reserved rights of the lodges is very important, and +should never be forgotten, because it affords much aid in the decision of +many obscure points of masonic jurisprudence. The rule is, that any +doubtful power exists and is inherent in the subordinate lodges, unless +there is an express regulation conferring it on the Grand Lodge. With this +preliminary view, we may proceed to investigate the nature and extent of +these reserved powers of the subordinate lodges. + +A lodge has the right of selecting its own members, with which the Grand +Lodge cannot interfere. This is a right that the lodges have expressly +reserved to themselves, and the stipulation is inserted in the "general +regulations" in the following words: + +"No man can be entered a Brother in any particular lodge, or admitted a +member thereof, without the unanimous consent of all the members of that +lodge then present, when the candidate is proposed, and when their consent +is formally asked by the Master. They are to give their consent in their +own prudent way, either virtually or in form, but with unanimity. Nor is +this inherent privilege subject to a dispensation, because the members of +a particular lodge are the best judges of it; and because, if a turbulent +member should be imposed upon them, it might spoil their harmony, or +hinder the freedom of their communication; or even break and disperse the +lodge, which ought to be avoided by all true and faithful."[36] + +But although a lodge has the inherent right to require unanimity in the +election of a candidate, it is not necessarily restricted to such a degree +of rigor. + +A lodge has the right to elect its own officers. This right is guaranteed +to it by the words of the Warrant of Constitution. Still the right is +subject to certain restraining regulations. The election must be held at +the proper time, which, according to the usage of Masonry, in most parts +of the world, is on or immediately before the festival of St. John the +Evangelist. The proper qualifications must be regarded. A member cannot be +elected as Master, unless he has previously served as a Warden, except in +the instance of a new lodge, or other case of emergency. Where both of the +Wardens refuse promotion, where the presiding Master will not permit +himself to be reelected, and where there is no Past Master who will +consent to take the office, then, and then only, can a member be elected +from the floor to preside over the lodge. + +By the Constitutions of England, only the Master and Treasurer are elected +officers.[37] The Wardens and all the other officers are appointed by the +Master, who has not, however, the power of removal after appointment, +except by consent of the lodge;[38] but American usage gives the election +of all the officers, except the deacons, stewards, and, in some instances, +the tiler, to the lodge. + +As a consequence of the right of election, every lodge has the power of +installing its officers, subject to the same regulations, in relation to +time and qualifications, as given in the case of elections. + +The Master must be installed by a Past Master,[39] but after his own +installation he has the power to install the rest of the officers. The +ceremony of installation is not a mere vain and idle one, but is +productive of important results. Until the Master and Wardens of a lodge +are installed, they cannot represent the lodge in the Grand Lodge, nor, if +it be a new lodge, can it be recorded and recognized on the register of +the Grand Lodge. No officer can permanently take possession of the office +to which he has been elected, until he has been duly installed.[40] The +rule of the craft is, that the old officer holds on until his successor is +installed, and this rule is of universal application to officers of every +grade, from the Tiler of a subordinate lodge, to the Grand Master of +Masons. + +Every lodge that has been duly constituted, and its officers installed, is +entitled to be represented in the Grand Lodge, and to form, indeed, a +constituent part of that body.[41] The representatives of a lodge are its +Master and two Wardens.[42] This character of representation was +established in 1718, when the four old lodges, which organized the Grand +Lodge of England, agreed "to extend their patronage to every lodge which +should hereafter be constituted by the Grand Lodge, according to the new +regulations of the society; and while such lodges acted in conformity to +the ancient constitutions of the Order, to admit their Masters and Wardens +to share with them all the privileges of the Grand Lodge, excepting +precedence of rank."[43] Formerly all Master Masons were permitted to sit +in the Grand Lodge, or, as it was then called, the General Assembly, and +represent their lodge; and therefore this restricting the representation +to the three superior officers was, in fact, a concession of the craft. +This regulation is still generally observed; but I regret to see a few +Grand Lodges in this country innovating on the usage, and still further +confining the representation to the Masters alone. + +The Master and Wardens are not merely in name the representatives of the +lodge, but are bound, on all questions that come before the Grand Lodge, +truly to represent their lodge, and vote according to its instructions. +This doctrine is expressly laid down in the General Regulations, in the +following words: "The majority of every particular lodge, when +congregated, not else, shall have the privilege of giving instructions to +their Master and Wardens, before the meeting of the Grand Chapter, or +Quarterly Communication; because the said officers are their +representatives, and are supposed to speak the sentiments of their +Brethren at the said Grand Lodge."[44] + +Every lodge has the power to frame bye-laws for its own government, +provided they are not contrary to, nor inconsistent with, the general +regulations of the Grand Lodge; nor the landmarks of the order.[45] But +these bye-laws will not be valid, until they are submitted to and approved +by the Grand Lodge. And this is the case, also, with every subsequent +alteration of them, which must in like manner be submitted to the Grand +Lodge for its approval. + +A lodge has the right of suspending or excluding a member from his +membership in the lodge; but it has no power to expel him from the rights +and privileges of Masonry, except with the consent of the Grand Lodge. A +subordinate lodge tries its delinquent member, and, if guilty, declares +him expelled; but the sentence is of no force until the Grand Lodge, under +whose jurisdiction it is working, has confirmed it. And it is optional +with the Grand Lodge to do so, or, as is frequently done, to reverse the +decision and reinstate the Brother. Some of the lodges in this country +claim the right to expel, independently of the action of the Grand Lodge; +but the claim is not valid. The very fact that an expulsion is a penalty, +affecting the general relations of the punished party with the whole +fraternity, proves that its exercise never could, with propriety, be +intrusted to a body so circumscribed in its authority as a subordinate +lodge. Accordingly, the general practice of the fraternity is opposed to +it; and therefore all expulsions are reported to the Grand Lodge, not +merely as matters of information, but that they may be confirmed by that +body. The English Constitutions are explicit on this subject. "In the +Grand Lodge alone," they declare, "resides the power of erasing lodges and +expelling Brethren from the craft, a power which it ought not to delegate +to any subordinate authority in England." They allow, however, a +subordinate lodge to _exclude_ a member from the lodge; in which case he +is furnished with a certificate of the circumstances of his exclusion, and +then may join any other lodge that will accept him, after being made +acquainted with the fact of his exclusion, and its cause. This usage has +not been adopted in this country. + +A lodge has a right to levy such annual contribution for membership as the +majority of the Brethren see fit. This is entirely a matter of contract, +with which the Grand Lodge, or the craft in general, have nothing to do. +It is, indeed, a modern usage, unknown to the fraternity of former times, +and was instituted for the convenience and support of the private lodges. + +A lodge is entitled to select a name for itself, to be, however, approved +by the Grand Lodge.[46] But the Grand Lodge alone has the power of +designating the number by which the lodge shall be distinguished. By its +number alone is every lodge recognized in the register of the Grand Lodge, +and according to their numbers is the precedence of the lodges regulated. + +Finally, a lodge has certain rights in relation to its Warrant of +Constitution. This instrument having been granted by the Grand Lodge, can +be revoked by no other authority. The Grand Master, therefore, has no +power, as he has in the case of a lodge under dispensation, to withdraw +its Warrant, except temporarily, until the next meeting of the Grand +Lodge. Nor is it in the power of even the majority of the lodge, by any +act of their own, to resign the Warrant. For it has been laid down as a +law, that if the majority of the lodge should determine to quit the lodge, +or to resign their warrant, such action would be of no efficacy, because +the Warrant of Constitution, and the power of assembling, would remain +with the rest of the members, who adhere to their allegiance.[47] But if +all the members withdraw themselves, their Warrant ceases and becomes +extinct. If the conduct of a lodge has been such as clearly to forfeit its +charter, the Grand Lodge alone can decide that question and pronounce the +forfeiture. + + + +Section II. + +_Of the Duties of a Lodge._ + + +So far in relation to the rights and privileges of subordinate lodges. But +there are certain duties and obligations equally binding upon these +bodies, and certain powers, in the exercise of which they are restricted. +These will next engage our attention. + +The first great duty, not only of every lodge, but of every Mason, is to +see that the landmarks of the Order shall never be impaired. The General +Regulations of Masonry--to which every Master, at his installation, is +bound to acknowledge his submission--declare that "it is not in the power +of any man, or body of men, to make innovations in the body of Masonry." +And, hence, no lodge, without violating all the implied and express +obligations into which it has entered, can, in any manner, alter or amend +the work, lectures, and ceremonies of the institution. As its members +have received the ritual from their predecessors, so are they bound to +transmit it, unchanged, in the slightest degree, to their successors. In +the Grand Lodge, alone, resides the power of enacting new regulations; +but, even _it_ must be careful that, in every such regulation, the +landmarks are preserved. When, therefore, we hear young and inexperienced +Masters speak of making improvements (as they arrogantly call them) upon +the old lectures or ceremonies, we may be sure that such Masters either +know nothing of the duties they owe to the craft, or are willfully +forgetful of the solemn obligation which they have contracted. Some may +suppose that the ancient ritual of the Order is imperfect, and requires +amendment. One may think that the ceremonies are too simple, and wish to +increase them; another, that they are too complicated, and desire to +simplify them; one may be displeased with the antiquated language; +another, with the character of the traditions; a third, with something +else. But, the rule is imperative and absolute, that no change can or must +be made to gratify individual taste. As the Barons of England, once, with +unanimous voice, exclaimed, "Nolumus leges Angliæ mutare!" so do all good +Masons respond to every attempt at innovation, "We are unwilling to alter +the customs of Freemasonry." + +In relation to the election of officers, a subordinate lodge is allowed to +exercise no discretion. The names and duties of these officers are +prescribed, partly by the landmarks or the ancient constitutions, and +partly by the regulations of various Grand Lodges. While the landmarks are +preserved, a Grand Lodge may add to the list of officers as it pleases; +and whatever may be its regulation, the subordinate lodges are bound to +obey it; nor can any such lodge create new offices nor abolish old ones +without the consent of the Grand Lodge. + +Lodges are also bound to elect their officers at a time which is always +determined; not by the subordinate, but by the Grand Lodge. Nor can a +lodge anticipate or postpone it unless by a dispensation from the Grand +Master. + +No lodge can, at an extra meeting, alter or amend the proceedings of a +regular meeting. If such were not the rule, an unworthy Master might, by +stealth, convoke an extra meeting of a part of his lodge, and, by +expunging or altering the proceedings of the previous regular meeting, or +any particular part of them, annul any measures or resolutions that were +not consonant with his peculiar views. + +No lodge can interfere with the work or business of any other lodge, +without its permission. This is an old regulation, founded on those +principles of comity and brotherly love that should exist among all +Masons. It is declared in the manuscript charges, written in the reign of +James II., and in the possession of the Lodge of Antiquity, at London, +that "no Master or Fellow shall supplant others of their work; that is to +say, that, if he hath taken a work, or else stand Master of any work, that +he shall not put him out, unless he be unable of cunning to make an end of +his work." And, hence, no lodge can pass or raise a candidate who was +initiated, or initiate one who was rejected, in another lodge. "It would +be highly improper," says the Ahiman Rezon, "in any lodge, to confer a +degree on a Brother who is not of their house-hold; for, every lodge +ought to be competent to manage their own business, and are the best +judges of the qualifications of their own members." + +I do not intend, at the present time, to investigate the qualifications of +candidates--as that subject will, in itself, afford ample materials for a +future investigation; but, it is necessary that I should say something of +the restrictions under which every lodge labors in respect to the +admission of persons applying for degrees. + +In the first place, no lodge can initiate a candidate, "without previous +notice, and due examination into his character; and not unless his +petition has been read at one regular meeting and acted on at another." +This is in accordance with the ancient regulations; but, an exception to +it is allowed in the case of an emergency, when the lodge may read the +petition for admission, and, if the applicant is well recommended, may +proceed at once to elect and initiate him. In some jurisdictions, the +nature of the emergency must be stated to the Grand Master, who, if he +approves, will grant a dispensation; but, in others, the Master, or Master +and Wardens, are permitted to be competent judges, and may proceed to +elect and initiate, without such dispensation. The Grand Lodge of South +Carolina adheres to the former custom, and that of England to the latter. + +Another regulation is, that no lodge can confer more than two degrees, at +one communication, on the same candidate. The Grand Lodge of England is +still more stringent on this subject, and declares that "no candidate +shall be permitted to receive more than one degree, on the same day; nor +shall a higher degree in Masonry be conferred on any Brother at a less +interval than four weeks from his receiving a previous degree, nor until +he has passed an examination, in open lodge, in that degree." This rule is +also in force in South Carolina and several other of the American +jurisdictions. But, the law which forbids the whole three degrees of +Ancient Craft Masonry to be conferred, at the same communication, on one +candidate, is universal in its application, and, as such, may be deemed +one of the ancient landmarks of the Order. + +There is another rule, which seems to be of universal extent, and is, +indeed, contained in the General Regulations of 1767, to the following +effect: "No lodge shall make more than five new Brothers at one and the +same time, without an urgent necessity." + +All lodges are bound to hold their meetings at least once in every +calendar month; and every lodge neglecting so to do for one year, thereby +forfeits its warrant of constitution. + +The subject of the removal of lodges is the last thing that shall engage +our attention. Here the ancient regulations of the craft have adopted many +guards to prevent the capricious or improper removal of a lodge from its +regular place of meeting. In the first place, no lodge can be removed from +the town in which it is situated, to any other place, without the consent +of the Grand Lodge. But, a lodge may remove from one part of the town to +another, with the consent of the members, under the following +restrictions: The removal cannot be made without the Master's knowledge; +nor can any motion, for that purpose, be presented in his absence. When +such a motion is made, and properly seconded, the Master will order +summonses to every member, specifying the business, and appointing a day +for considering and determining the affair. And if then a majority of the +lodge, with the Master, or two-thirds, without him, consent to the +removal, it shall take place; but notice thereof must be sent, at once, to +the Grand Lodge. The General Regulations of 1767 further declare, that +such removal must be approved by the Grand Master. I suppose that where +the removal of the lodge was only a matter of convenience to the members, +the Grand Lodge would hardly interfere, but leave the whole subject to +their discretion; but, where the removal would be calculated to affect the +interests of the lodge, or of the fraternity--as in the case of a removal +to a house of bad reputation, or to a place of evident insecurity--I have +no doubt that the Grand Lodge, as the conservator of the character and +safety of the institution, would have a right to interpose its authority, +and prevent the improper removal. + +I have thus treated, as concisely as the important nature of the subjects +would permit, of the powers, privileges, duties, and obligations of +lodges, and have endeavored to embrace, within the limits of the +discussion, all those prominent principles of the Order, which, as they +affect the character and operations of the craft in their primary +assemblies, may properly be referred to the Law of Subordinate Lodges. + + + + +Chapter IV. + +Of the Officers of a Subordinate Lodge. + + + +Section I. + +_Of the Officers in General._ + + +Four officers, at least, the ancient customs of the craft require in every +lodge; and they are consequently found throughout the globe. These are the +Master, the two Wardens, and the Tiler. Almost equally universal are the +offices of Treasurer, Secretary, and two Deacons. But, besides these, +there may be additional officers appointed by different Grand Lodges. The +Grand Lodge of England, for instance, requires the appointment of an +officer, called the "Inner Guard." The Grand Orient of France has +prescribed a variety of officers, which are unknown to English and +American Masonry. The Grand Lodges of England and South Carolina direct +that two Stewards shall be appointed, while some other Grand Lodges make +no such requisition. Ancient usage seems to have recognized the following +officers of a subordinate lodge: the Master, two Wardens, Treasurer, +Secretary, two Deacons, two Stewards, and Tiler; and I shall therefore +treat of the duties and powers of these officers only, in the course of +the present chapter. + +The officers of a lodge are elected annually. In this country, the +election takes place on the festival of St. John the Evangelist, or at the +meeting immediately previous; but, in this latter case, the duties of the +offices do not commence until St. John's day, which may, therefore, be +considered as the beginning of the masonic year. + +Dalcho lays down the rule, that "no Freemason chosen into any office can +refuse to serve (unless he has before filled the same office), without +incurring the penalties established by the bye-laws." Undoubtedly a lodge +may enact such a regulation, and affix any reasonable penalty; but I am +not aware of any ancient regulation which makes it incumbent on +subordinate lodges to do so. + +If any of the subordinate officers, except the Master and Wardens, die, or +be removed from office, during the year, the lodge may, under the +authority of a dispensation from the Grand Master, enter into an election +to supply the vacancy. But in the case of the death or removal of the +Master or either of the Wardens, no election can be held to supply the +vacancy, even by dispensation, for reasons which will appear when I come +to treat of those offices. + +No officer can resign his office after he has been installed. Every +officer is elected for twelve months, and at his installation solemnly +promises to perform the duties of that office until the next regular day +of election; and hence the lodge cannot permit him, by a resignation, to +violate his obligation of office. + +Another rule is, that every officer holds on to his office until his +successor has been installed. It is the installation, and not the +election, which puts an officer into possession; and the faithful +management of the affairs of Masonry requires, that between the election +and installation of his successor, the predecessor shall not vacate the +office, but continue to discharge its duties. + +An office can be vacated only by death, permanent removal from the +jurisdiction, or expulsion. Suspension does not vacate, but only suspends +the performance of the duties of the office, which must then be +temporarily discharged by some other person, to be appointed from time to +time; for, as soon as the suspended officer is restored, he resumes the +dignities and duties of his office. + + + +Section II. + +_Of the Worshipful Master._ + + +This is probably the most important office in the whole system of Masonry, +as, upon the intelligence, skill, and fidelity of the Masters of our +lodges, the entire institution is dependent for its prosperity. It is an +office which is charged with heavy responsibilities, and, as a just +consequence, is accompanied by the investiture of many important powers. + +A necessary qualification of the Master of a lodge is, that he must have +previously served in the office of a Warden.[48] This qualification is +sometimes dispensed with in the case of new lodges, or where no member of +an old lodge, who has served as a Warden, will accept the office of +Master. But it is not necessary that he should have served as a Warden in +the lodge of which he is proposed to be elected Master. The discharge of +the duties of a Warden, by regular election and installation in any other +lodge, and at any former period, will be a sufficient qualification. + +One of the most important duties of the Master of a lodge is, to see that +the edicts and regulations of the Grand Lodge are obeyed by his Brethren, +and that his officers faithfully discharge their duties. + +The Master has particularly in charge the warrant of Constitution, which +must always be present in his lodge, when opened. + +The Master has a right to call a special meeting of his lodge whenever he +pleases, and is the sole judge of any emergency which may require such +special communication. + +He has, also, the right of closing his lodge at any hour that he may deem +expedient, notwithstanding the whole business of the evening may not have +been transacted. This regulation arises from the unwritten law of Masonry. +As the Master is responsible to the Grand Lodge for the fidelity of the +work done in his lodge, and as the whole of the labor is, therefore, +performed under his superintendence, it follows that, to enable him to +discharge this responsibility, he must be invested with the power of +commencing, of continuing, or of suspending labor at such time as he may, +in his wisdom, deem to be the most advantageous to the edifice of Masonry. + +It follows from this rule that a question of adjournment cannot be +entertained in a lodge. The adoption of a resolution to adjourn, would +involve the necessity of the Master to obey it. The power, therefore, of +controlling the work, would be taken out of his hands and placed in those +of the members, which would be in direct conflict with the duties imposed +upon him by the ritual. The doctrine that a lodge cannot adjourn, but must +be closed or called off at the pleasure of the Master, appears now to me +to be very generally admitted. + +The Master and his two Wardens constitute the representatives of the lodge +in the Grand Lodge, and it is his duty to attend the communications of +that body "on all convenient occasions."[49] When there, he is faithfully +to represent his lodge, and on all questions discussed, to obey its +instructions, voting in every case rather against his own convictions than +against the expressed wish of his lodge. + +The Master presides not only over the symbolic work of the lodge, but +also over its business deliberations, and in either case his decisions are +reversible only by the Grand Lodge. There can be no appeal from his +decision, on any question, to the lodge. He is supreme in his lodge, so +far as the lodge is concerned, being amenable for his conduct in the +government of it, not to its members, but to the Grrand Lodge alone. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. If a member is aggrieved by the +conduct or decisions of the Master, he has his redress by an appeal to the +Grrand Lodge, which will, of course, see that the Master does not rule his +lodge "in an unjust or arbitrary manner." But such a thing as an appeal +from the Master of the lodge to its members is unknown in Masonry. + +This may, at first sight, appear to be giving too despotic power to the +Master. But a slight reflection will convince any one that there can be +but little danger of oppression from one so guarded and controlled as a +Master is, by the sacred obligations of his office, and the supervision of +the Grand Lodge, while the placing in the hands of the craft so powerful, +and at times, and with bad spirits, so annoying a privilege as that of +immediate appeal, would necessarily tend to impair the energies and +lessen the dignity of the Master, while it would be subversive of that +spirit of discipline which pervades every part of the institution, and to +which it is mainly indebted for its prosperity and perpetuity. + +The ancient charges rehearsed at the installation of a Master, prescribe +the various moral qualifications which are required in the aspirant for +that elevated and responsible office. He is to be a good man, and +peaceable citizen or subject, a respecter of the laws, and a lover of his +Brethren--cultivating the social virtues and promoting the general good of +society as well as of his own Order. + +Within the last few years, the standard of intellectual qualifications has +been greatly elevated. And it is now admitted that the Master of a lodge, +to do justice to the exalted office which he holds, to the craft over whom +he presides, and to the candidates whom he is to instruct, should be not +only a man of irreproachable moral character, but also of expanded +intellect and liberal education. Still, as there is no express law upon +this subject, the selection of a Master and the determination of his +qualifications must be left to the judgment and good sense of the +members. + + + +Section III. + +_Of the Wardens._ + + +The Senior and Junior Warden are the assistants of the Master in the +government of the lodge. They are selected from among the members on the +floor, the possession of a previous office not being, as in the case of +the Master, a necessary qualification for election. In England they are +appointed by the Master, but in this country they are universally elected +by the lodge. + +During the temporary absence of the Master the Senior Warden has the right +of presiding, though he may, and often does by courtesy, invite a Past +Master to assume the chair. In like manner, in the absence of both Master +and Senior Warden, the Junior Warden will preside, and competent Brethren +will by him be appointed to fill the vacant seats of the Wardens. But if +the Master and Junior Warden be present, and the Senior Warden be absent, +the Junior Warden does not occupy the West, but retains his own station, +the Master appointing some Brother to occupy the station of the Senior +Warden. For the Junior Warden succeeds by law only to the office of +Master, and, unless that office be vacant, he is bound to fulfill the +duties of the office to which he has been obligated. + +In case of the death, removal from the jurisdiction, or expulsion of the +Master, by the Grand Lodge, no election can be held until the +constitutional period. The Senior Warden will take the Master's place and +preside over the lodge, while his seat will be temporarily filled from +time to time by appointment. The Senior Warden being in fact still in +existence, and only discharging one of the highest duties of his office, +that of presiding in the absence of the Master, his office cannot be +declared vacant and there can be no election for it. In such case, the +Junior Warden, for the reason already assigned, will continue at his own +station in the South. + +In case of the death, removal, or expulsion of both Master and Senior +Warden, the Junior Warden will discharge the duties of the Mastership and +make temporary appointments of both Wardens. It must always be remembered +that the Wardens succeed according to seniority to the office of Master +when vacant, but that neither can legally discharge the duties of the +other. It must also be remembered that when a Warden succeeds to the +government of the lodge, he does not become the Master; he is still only +a Warden discharging the functions of a higher vacated station, as one of +the expressed duties of his own office. A recollection of these +distinctions will enable us to avoid much embarrassment in the +consideration of all the questions incident to this subject. If the Master +be present, the Wardens assist him in the government of the lodge. The +Senior Warden presides over the craft while at labor, and the Junior when +they are in refreshment. Formerly the examination of visitors was +intrusted to the Junior Warden, but this duty is now more appropriately +performed by the Stewards or a special committee appointed for that +purpose. + +The Senior Warden has the appointment of the Senior Deacon, and the Junior +Warden that of the Stewards. + + + +Section IV. + +_Of the Treasurer._ + + +Of so much importance is this office deemed, that in English Lodges, while +all the other officers are appointed by the Master, the Treasurer alone is +elected by the lodge. It is, however, singular, that in the ritual of +installation, Preston furnishes no address to the Treasurer on his +investiture. Webb, however, has supplied the omission, and the charge +given in his work to this officer, on the night of his installation, +having been universally acknowledged and adopted by the craft in this +country, will furnish us with the most important points of the law in +relation to his duties. + +It is, then, in the first place, the duty of the Treasurer "to receive all +moneys from the hands of the Secretary." The Treasurer is only the banker +of the lodge. All fees for initiation, arrearages of members, and all +other dues to the lodge, should be first received by the Secretary, and +paid immediately over to the Treasurer for safe keeping. + +The keeping of just and regular accounts is another duty presented to the +Treasurer. As soon as he has received an amount of money from the +Secretary, he should transfer the account of it to his books. By this +means, the Secretary and Treasurer become mutual checks upon each other, +and the safety of the funds of the lodge is secured. + +The Treasurer is not only the banker, but also the disbursing officer of +the lodge; but he is directed to pay no money except with the consent of +the lodge and on the order of the Worshipful Master. It seems to me, +therefore, that every warrant drawn on him should be signed by the Master, +and the action of the lodge attested by the counter-signature of the +Secretary. + +It is usual, in consequence of the great responsibility of the Treasurer, +to select some Brother of worldly substance for the office; and still +further to insure the safety of the funds, by exacting from him a bond, +with sufficient security. He sometimes receives a per centage, or a fixed +salary, for his services. + + + +Section V. + +_Of the Secretary._ + + +It is the duty of the Secretary to record all the proceedings of the +lodge, "which may be committed to paper;" to conduct the correspondence of +the lodge, and to receive all moneys due the lodge from any source +whatsoever. He is, therefore, the recording, corresponding, and receiving +officer of the lodge. By receiving the moneys due to the lodge in the +first place, and then paying them over to the Treasurer, he becomes, as I +have already observed, a check upon that officer. + +In view of the many laborious duties which devolve upon him, the +Secretary, in many lodges, receives a compensation for his services. + +Should the Treasurer or Secretary die or be expelled, there is no doubt +that an election for a successor, to fill the unexpired term, may be held +by dispensation from the Grand Master. But the incompetency of either of +these officers to perform his duties, by reason of the infirmity of +sickness or removal from the seat of the lodge, will not, I think, +authorize such an election. Because the original officer may recover from +his infirmity, or return to his residence, and, in either case, having +been elected and installed for one year, he must remain the Secretary or +Treasurer until the expiration of the period for which he had been so +elected and installed, and, therefore, on his recovery or his return, is +entitled to resume all the prerogatives and functions of his office. The +case of death, or of expulsion, which is, in fact, masonic death, is +different, because all the rights possessed during life cease _ex +necessitate rei_, and forever lapse at the time of the said physical or +masonic death; and in the latter case, a restoration to all the rights and +privileges of Masonry would not restore the party to any office which he +had held at the time of his expulsion. + + + +Section VI. + +_Of the Deacons._ + + +In every lodge there are two of these officers--a Senior and a Junior +Deacon. They are not elected, but appointed; the former by the Master, and +the latter by the Senior Warden. + +The duties of these officers are many and important; but they are so well +defined in the ritual as to require no further consideration in this +place. + +The only question that here invites our examination is, whether the +Deacons, as appointed officers, are removable at the pleasure of the +officers who appointed them; or, whether they retain their offices, like +the Master and Wardens, until the expiration of the year. Masonic +authorities are silent on this subject; but, basing my judgment upon +analogy, I am inclined to think that they are not removable: all the +officers of a lodge are chosen to serve for one year, or, from one +festival of St. John the Evangelist to the succeeding one. This has been +the invariable usage in all lodges, and neither in the monitorial +ceremonies of installation, nor in any rules or regulations which I have +seen, is any exception to this usage made in respect to Deacons. The +written as well as the oral law of Masonry being silent on this subject, +we are bound to give them the benefit of this silence, and place them in +the same favorable position as that occupied by the superior officers, +who, we know, by express law are entitled to occupy their stations for one +year. Moreover, the power of removal is too important to be exercised +except under the sanction of an expressed law, and is contrary to the +whole spirit of Masonry, which, while it invests a presiding officer with +the largest extent of prerogative, is equally careful of the rights of the +youngest member of the fraternity. + +From these reasons I am compelled to believe that the Deacons, although +originally appointed by the Master and Senior Warden, are not removable by +either, but retain their offices until the expiration of the year. + + + +Section VII. + +_Of the Stewards._ + + +The Stewards, who are two in number, are appointed by the Junior Warden, +and sit on the right and left of him in the lodge. Their original duties +were, "to assist in the collection of dues and subscriptions; to keep an +account of the lodge expenses; to see that the tables are properly +furnished at refreshment, and that every Brother is suitably provided +for." They are also considered as the assistants of the Deacons in the +discharge of their duties, and, lately, some lodges are beginning to +confide to them the important trusts of a standing committee for the +examination of visitors and the preparation of candidates. + +What has been said in relation to the removal of the Deacons in the +preceding section, is equally applicable to the Stewards. + + + +Section VIII. + +_Of the Tiler._ + + +This is an office of great importance, and must, from the peculiar nature +of our institution, have existed from its very beginning. No lodge could +ever have been opened until a Tiler was appointed, and stationed to guard +its portals from the approach of "cowans and eavesdroppers." The +qualifications requisite for the office of a Tiler are, that he must be "a +worthy Master Mason." An Entered Apprentice, or a Fellow Craft, cannot +tile a lodge, even though it be opened in his own degree. To none but +Master Masons can this important duty of guardianship be intrusted. The +Tiler is not necessarily a member of the lodge which he tiles. There is no +regulation requiring this qualification. In fact, in large cities, one +Brother often acts as the Tiler of several lodges. If, however, he is a +member of the lodge, his office does not deprive him of the rights of +membership, and in ballotings for candidates, election of officers, or +other important questions, he is entitled to exercise his privilege of +voting, in which case the Junior Deacon will temporarily occupy his +station, while he enters the lodge to deposit his ballot. This appears to +be the general usage of the craft in this country. + +The Tiler is sometimes elected by the lodge, and sometimes appointed by +the Master. It seems generally to be admitted that he may be removed from +office for misconduct or neglect of duty, by the lodge, if he has been +elected, and by the Master, if he has been appointed. + + + + +Chapter V. + +Of Rules of Order. + + + +The safety of the minority, the preservation of harmony, and the dispatch +of business, all require that there should be, in every well-regulated +society, some rules and forms for the government of their proceedings, +and, as has been justly observed by an able writer on parliamentary law, +"whether these forms be in all cases the most rational or not, is really +not of so great importance; for it is much more material that there should +be a rule to go by, than what that rule is."[50] By common consent, the +rules established for the government of Parliament in England, and of +Congress in the United States, and which are known collectively under the +name of "Parliamentary Law," have been adopted for the regulation of all +deliberative bodies, whether of a public or private nature. But lodges of +Freemasons differ so much in their organization and character from other +societies, that this law will, in very few cases, be found applicable; +and, indeed, in many positively inapplicable to them. The rules, +therefore, for the government of masonic lodges are in general to be +deduced from the usages of the Order, from traditional or written +authority, and where both of them are silent, from analogy to the +character of the institution. To each of these sources, therefore, I shall +apply, in the course of the present chapter, and in some few instances, +where the parliamentary law coincides with our own, reference will be made +to the authority of the best writers on that science. + + + +Section I. + +_Of the Order of Business._ + + +When the Brethren have been "congregated," or called together by the +presiding officer, the first thing to be attended to is the ceremony of +opening the lodge. The consideration of this subject, as it is +sufficiently detailed in our ritual, will form no part of the present +work. + +The lodge having been opened, the next thing to be attended to is the +reading of the minutes of the last communication. The minutes having been +read, the presiding officer will put the question on their confirmation, +having first inquired of the Senior and Junior Wardens, and lastly of the +Brethren "around the lodge," whether they have any alterations to propose. +It must be borne in mind, that the question of confirmation is simply a +question whether the Secretary has faithfully and correctly recorded the +transactions of the lodge. If, therefore, it can be satisfactorily shown +by any one that there is a mis-entry, or the omission of an entry, this is +the time to correct it; and where the matter is of sufficient importance, +and the recording officer, or any member disputes the charge of error, the +vote of the lodge will be taken on the subject, and the journal will be +amended or remain as written, according to the opinion so expressed by the +majority of the members. As this is, however, a mere question of memory, +it must be apparent that those members only who were present at the +previous communication, the records of which are under examination, are +qualified to express a fair opinion. All others should ask and be +permitted to be excused from voting. + +As no special communication can alter or amend the proceedings of a +regular one, it is not deemed necessary to present the records of the +latter to the inspection of the former. This preliminary reading of the +minutes is, therefore, always omitted at special communications. + +After the reading of the minutes, unfinished business, such as motions +previously submitted and reports of committees previously appointed, will +take the preference of all other matters. Special communications being +called for the consideration of some special subject, that subject must of +course claim the priority of consideration over all others. + +In like manner, where any business has been specially and specifically +postponed to another communication, it constitutes at that communication +what is called, in parliamentary law, "the order of the day," and may at +any time in the course of the evening be called up, to the exclusion of +all other business. + +The lodge may, however, at its discretion, refuse to take up the +consideration of such order; for the same body which determined at one +time to consider a question, may at another time refuse to do so. This is +one of those instances in which parliamentary usage is applicable to the +government of a lodge. Jefferson says: "Where an order is made, that any +particular matter be taken up on any particular day, there a question is +to be put, when it is called for, Whether the house will now proceed to +that matter?" In a lodge, however, it is not the usage to propose such a +question, but the matter being called up, is discussed and acted on, +unless some Brother moves its postponement, when the question of +postponement is put. + +But with these exceptions, the unfinished business must first be disposed +of, to avoid its accumulation and its possible subsequent neglect.[51] + +New business will then be taken up in such order as the local bye-laws +prescribe, or the wisdom of the Worshipful Master may suggest. + +In a discussion, when any member wishes to speak, he must stand up in his +place, and address himself not to the lodge, nor to any particular +Brother, but to the presiding officer, styling him "Worshipful." + +When two or more members rise nearly together, the presiding officer +determines who is entitled to speak, and calls him by his name, whereupon +he proceeds, unless he voluntarily sits down, and gives way to the other. +The ordinary rules of courtesy, which should govern a masonic body above +all other societies, as well as the general usage of deliberative bodies, +require that the one first up should be entitled to the floor. But the +decision of this fact is left entirely to the Master, or presiding +officer. + +Whether a member be entitled to speak once or twice to the same question, +is left to the regulation of the local bye-laws of every lodge. But, under +all circumstances, it seems to be conceded, that a member may rise at any +time with the permission of the presiding officer, or for the purpose of +explanation. + +A member may be called to order by any other while speaking, for the use +of any indecorous remark, personal allusion, or irrelevant matter; but +this must be done in a courteous and conciliatory manner, and the question +of order will at once be decided by the presiding officer. + +No Brother is to be interrupted while speaking, except for the purpose of +calling him to order, or to make a necessary explanation; nor are any +separate conversations, or, as they are called in our ancient charges, +"private committees," to be allowed. + +Every member of the Order is, in the course of the debate as well as at +all other times in the lodge, to be addressed by the title of "Brother," +and no secular or worldly titles are ever to be used. + +In accordance with the principles of justice, the parliamentary usage is +adopted, which permits the mover of a resolution to make the concluding +speech, that he may reply to all those who have spoken against it, and sum +up the arguments in its favor. And it would be a breach of order as well +as of courtesy for any of his opponents to respond to this final argument +of the mover. + +It is within the discretion of the Master, at any time in the course of +the evening, to suspend the business of the lodge for the purpose of +proceeding to the ceremony of initiation, for the "work" of Masonry, as it +is technically called, takes precedence of all other business. + +When all business, both old and new, and the initiation of candidates, if +there be any, has been disposed of, the presiding officer inquires of the +officers and members if there be anything more to be proposed before +closing. Custom has prescribed a formulary for making this inquiry, which +is in the following words. + +The Worshipful Master, addressing the Senior and Junior Wardens and then +the Brethren, successively, says: "Brother Senior, have you anything to +offer in the West for the good of Masonry in general or of this lodge in +particular? Anything in the South, Brother Junior? Around the lodge, +Brethren?" The answers to these inquiries being in the negative on the +part of the Wardens, and silence on that of the craft, the Master proceeds +to close the lodge in the manner prescribed in the ritual. + +The reading of the minutes of the evening, not for confirmation, but for +suggestion, lest anything may have been omitted, should always precede the +closing ceremonies, unless, from the lateness of the hour, it be dispensed +with by the members. + + + +Section II. + +_Of Appeals from the Decision of the Chair._ + + +Freemasonry differs from all other institutions, in permitting no appeal +to the lodge from the decision of the presiding officer. The Master is +supreme in his lodge, so far as the lodge is concerned. He is amenable +for his conduct, in the government of the lodge, not to its members, but +to the Grand Lodge alone. In deciding points of order as well as graver +matters, no appeal can be taken from that decision to the lodge. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. It is, in fact, wrong that the +Master should even by courtesy permit such an appeal to be taken; because, +as the Committee of Correspondence of the Grand Lodge of Tennessee have +wisely remarked, by the admission of such appeals by _courtesy_, "is +established ultimately a precedent from which will be claimed _the right +to take_ appeals."[52] If a member is aggrieved with the conduct or the +decisions of the Master, he has his redress by an appeal to the Grand +Lodge, which will of course see that the Master does not rule his lodge +"in an unjust or arbitrary manner." But such a thing as an appeal from the +Master to the lodge is unknown in Masonry. + +This, at first view, may appear to be giving too despotic a power to the +Master. But a little reflection will convince any one that there can be +but slight danger of oppression from one so guarded and controlled as the +Master is by the obligations of his office and the superintendence of the +Grand Lodge, while the placing in the hands of the craft so powerful, and, +with bad spirits, so annoying a privilege as that of immediate appeal, +would necessarily tend to impair the energies and lessen the dignity of +the Master, at the same time that it would be totally subversive of that +spirit of strict discipline which pervades every part of the institution, +and to which it is mainly indebted for its prosperity and perpetuity. + +In every case where a member supposes himself to be aggrieved by the +decision of the Master, he should make his appeal to the Grand Lodge. + +It is scarcely necessary to add, that a Warden or Past Master, presiding +in the absence of the Master, assumes for the time all the rights and +prerogatives of the Master. + + + +Section III. + +_Of the Mode of Taking the Question._ + + +The question in Masonry is not taken _viva voce_ or by "aye" and "nay." +This should always be done by "a show of hands." The regulation on this +subject was adopted not later than the year 1754, at which time the Book +of Constitutions was revised, "and the necessary alterations and additions +made, consistent with the laws and rules of Masonry," and accordingly, in +the edition published in the following year, the regulation is laid down +in these words--"The opinions or votes of the members are always to be +signified by each holding up one of his hands: which uplifted hands the +Grand Wardens are to count; unless the number of hands be so unequal as to +render the counting useless. Nor should any other kind of division be ever +admitted among Masons."[53] + +Calling for the yeas and nays has been almost universally condemned as an +unmasonic practice, nor should any Master allow it to be resorted to in +his lodge. + +Moving the "previous question," a parliamentary invention for stopping all +discussion, is still more at variance with the liberal and harmonious +spirit which should distinguish masonic debates, and is, therefore, never +to be permitted in a lodge. + + + +Section IV. + +_Of Adjournments._ + + +Adjournment is a term not recognized in Masonry. There are but two ways in +which the communication of a lodge can be terminated; and these are either +by _closing_ the lodge, or by _calling from labor to refreshment_. In the +former case the business of the communication is finally disposed of until +the next communication; in the latter the lodge is still supposed to be +open and may resume its labors at any time indicated by the Master. + +But both the time of closing the lodge and of calling it from labor to +refreshment is to be determined by the absolute will and the free judgment +of the Worshipful Master, to whom alone is intrusted the care of "setting +the craft to work, and giving them wholesome instruction for labor." He +alone is responsible to the Grand Master and the Grand Lodge, that his +lodge shall be opened, continued, and closed in harmony; and as it is by +his "will and pleasure" only that it is opened, so is it by his "will and +pleasure" only that it can be closed. Any attempt, therefore, on the part +of the lodge to entertain a motion for adjournment would be an +infringement of this prerogative of the Master. Such a motion is, +therefore, always out of order, and cannot be; and cannot be acted on. + +The rule that a lodge cannot adjourn, but remain in session until closed +by the Master, derives an authoritative sanction also from the following +clause in the fifth of the Old Charges. + +"All Masons employed shall meekly receive their wages without murmuring or +mutiny, _and not desert the Master till the work is finished_." + + + +Section V. + +_Of the Appointment of Committees._ + + +It is the prerogative of the Master to appoint all Committees, unless by a +special resolution provision has been made that a committee shall +otherwise be appointed. + +The Master is also, _ex officio_, chairman of every committee which he +chooses to attend, although he may not originally have been named a member +of such committee. But he may, if he chooses, waive this privilege; yet he +may, at any time during the session of the committee, reassume his +inherent prerogative of governing the craft at all times when in his +presence, and therefore take the chair. + + + +Section VI. + +_Of the Mode of Keeping the Minutes._ + + +Masonry is preeminently an institution of forms, and hence, as was to be +expected, there is a particular form provided for recording the +proceedings of a lodge. Perhaps the best method of communicating this form +to the reader will be, to record the proceedings of a supposititious +meeting or communication. + +The following form, therefore, embraces the most important transactions +that usually occur during the session of a lodge, and it may serve as an +exemplar, for the use of secretaries. + +"A regular communication of ---- Lodge, NO. ----, was holden at ----; on +----, the ---- day of ----A.: L.: 58--. + + Present. + + Bro.: A. B----, W.: Master. + " B. C----, S.: Warden. + " C. D----, J.: Warden. + " D. E----, Treasurer. + " E. F----, Secretary. + " F. G----, S.: Deacon. + " G. H----, J.: Deacon. + " H. I----, } Stewards. + " I. K----, } + " K. L----, Tiler. + + _Members._ + Bro.: L. M---- + M. N---- + N. O---- + O. P---- + + _Visitors._ + P. Q---- + Q. R---- + R. S---- + S. T---- + +The Lodge was opened in due form on the third degree of Masonry. + +"The minutes of the regular communication of ---- were read and +confirmed.[54] + +"The committee on the petition of Mr. C. B., a candidate for initiation, +reported favorably, whereupon he was balloted for and duly elected. + +"The committee on the application of Mr. D. C., a candidate for +initiation, reported favorably, whereupon he was balloted for, and the box +appearing foul he was rejected. + +"The committee on the application of Mr. E. D., a candidate for initiation, +having reported unfavorably, he was declared rejected without a ballot. + +"The petition of Mr. F. E., a candidate for initiation, having been +withdrawn by his friends, he was declared rejected without a ballot. + +"A petition for initiation from Mr. G.F., inclosing the usual amount and +recommended by Bros. C. D.---- and H. I.----, was referred to a committee +of investigation consisting of Bros. G. H.----, L. M.----, and O. P.----. + +"Bro. S.R., an Entered Apprentice, having applied for advancement, was +duly elected to take the second degree; and Bro. W.Y., a Fellow Craft, +was, on his application for advancement, duly elected to take the third +degree. + +"A letter was read from Mrs. T. V.----, the widow of a Master Mason, when +the sum of twenty dollars was voted for her relief. + +"The amendment to article 10, section 5 of the bye-laws, proposed by Bro. +M. N. ---- at the communication of ----, was read a third time, adopted by +a constitutional majority and ordered to be sent to the Grand Lodge for +approval and confirmation. + +"The Lodge of Master Masons was then closed, and a lodge of Entered +Apprentices opened in due form. + +"Mr. C. B., a candidate for initiation, being in waiting, was duly +prepared, brought forward and initiated as an Entered Apprentice, he +paying the usual fee. + +"The Lodge of Entered Apprentices was then closed, and a Lodge of Fellow +Crafts opened in due form. + +"Bro. S. R., an Entered Apprentice, being in waiting, was duly prepared, +brought forward and passed to the degree of a Fellow Craft, he paying the +usual fee. + +"The Lodge of Fellow Crafts was then closed, and a lodge of Master Masons +opened in due form. + +"Bro. W. Y., a Fellow Craft, being in waiting, was duly prepared, brought +forward and raised to the sublime degree of a Master Mason, he paying the +usual fee. + +Amount received this evening, as follows: + + Petition of Mr. G. F., $5 + Fee of Bro. C. B., 5 + do. of Bro. S. R., 5 + do. of Bro. W. Y., 5--Total, $20 + +all of which was paid over to the Treasurer. + +There being no further business, the lodge was closed in due form and +harmony. + +E. F----, + +_Secretary._ + +Such is the form which has been adopted as the most convenient mode of +recording the transactions of a lodge. These minutes must be read, at the +close of the meeting, that the Brethren may suggest any necessary +alterations or additions, and then at the beginning of the next regular +meeting, that they may be confirmed, after which they should be +transcribed from the rough Minute Book in which they were first entered +into the permanent Record Book of the lodge. + + + + + +Book Third. + +The Law Of Individuals. + + + +Passing from the consideration of the law, which refers to Masons in their +congregated masses, as the constituents of Grand and Subordinate Lodges, I +next approach the discussion of the law which governs, them in their +individual capacity, whether in the inception of their masonic life, as +candidates for initiation, or in their gradual progress through each of +the three degrees, for it will be found that a Mason, as he assumes new +and additional obligations, and is presented with increased light, +contracts new duties, and is invested with new prerogatives and +privileges. + + + + +Chapter I. + +Of the Qualifications of Candidates. + + + +The qualifications of a candidate for initiation into the mysteries of +Freemasonry, are four-fold in their character--moral, physical, +intellectual and political. + +The moral character is intended to secure the respectability of the Order, +because, by the worthiness of its candidates, their virtuous deportment, +and good reputation, will the character of the institution be judged, +while the admission of irreligious libertines and contemners of the moral +law would necessarily impair its dignity and honor. + +The physical qualifications of a candidate contribute to the utility of +the Order, because he who is deficient in any of his limbs or members, and +who is not in the possession of all his natural senses and endowments, is +unable to perform, with pleasure to himself or credit to the fraternity, +those peculiar labors in which all should take an equal part. He thus +becomes a drone in the hive, and so far impairs the usefulness of the +lodge, as "a place where Freemasons assemble to work, and to instruct and +improve themselves in the mysteries of their ancient science." + +The intellectual qualifications refer to the security of the Order; +because they require that its mysteries shall be confided only to those +whose mental developments are such as to enable them properly to +appreciate, and faithfully to preserve from imposition, the secrets thus +entrusted to them. It is evident, for instance, that an idiot could +neither understand the hidden doctrines that might be communicated to him, +nor could he so secure such portions as he might remember, in the +"depositary of his heart," as to prevent the designing knave from worming +them out of him; for, as the wise Solomon has said, "a fool's mouth is his +destruction, and his lips are the snare of his soul." + +The political qualifications are intended to maintain the independence of +the Order; because its obligations and privileges are thus confided only +to those who, from their position in society, are capable of obeying the +one, and of exercising the other without the danger of let or hindrance +from superior authority. + +Of the moral, physical and political qualifications of a candidate there +can be no doubt, as they are distinctly laid down in the ancient charges +and constitutions. The intellectual are not so readily decided. + +These four-fold qualifications may be briefly summed up in the following +axioms. + +_Morally_, the candidate must be a man of irreproachable conduct, a +believer in the existence of God, and living "under the tongue of good +report." + +_Physically_, he must be a man of at least twenty-one years of age, +upright in body, with the senses of a man, not deformed or dismembered, +but with hale and entire limbs as a _man_ ought to be. + +_Intellectually_, he must be a man in the full possession of his +intellects, not so young that his mind shall not have been formed, nor so +old that it shall have fallen into dotage; neither a fool, an idiot, nor a +madman; and with so much education as to enable him to avail himself of +the teachings of Masonry, and to cultivate at his leisure a knowledge of +the principles and doctrines of our royal art. + +_Politically_, he must be in the unrestrained enjoyment of his civil and +personal liberty, and this, too, by the birthright of inheritance, and not +by its subsequent acquisition, in consequence of his release from +hereditary bondage. + +The lodge which strictly demands these qualifications of its candidates +may have fewer members than one less strict, but it will undoubtedly have +better ones. + +But the importance of the subject demands for each class of the +qualifications a separate section, and a more extended consideration. + + + +Section I. + +_Of the Moral Qualifications of Candidates._ + + +The old charges state, that "a Mason is obliged by his tenure to obey the +moral law." It is scarcely necessary to say, that the phrase, "moral law," +is a technical expression of theology, and refers to the Ten Commandments, +which are so called, because they define the regulations necessary for the +government of the morals and manners of men. The habitual violation of any +one of these commands would seem, according to the spirit of the Ancient +Constitutions, to disqualify a candidate for Masonry. + +The same charges go on to say, in relation to the religious character of a +Mason, that he should not be "a stupid atheist, nor an irreligious +libertine." A denier of the existence of a Supreme Architect of the +Universe cannot, of course, be obligated as a Mason, and, accordingly, +there is no landmark more certain than that which excludes every atheist +from the Order. + +The word "libertine" has, at this day, a meaning very different from what +it bore when the old charges were compiled. It then signified what we now +call a "free-thinker," or disbeliever in the divine revelation of the +Scriptures. This rule would therefore greatly abridge the universality and +tolerance of the Institution, were it not for the following qualifying +clause in the same instrument:-- + +"Though in ancient times Masons were charged in every country to be of the +religion of that country or nation, whatever it was, yet it is now thought +more expedient only to oblige them to that religion in which all men +agree, leaving their particular opinions to themselves; that is, to be +good men and true, or men of honor and honesty, by whatever denominations +or persuasions they may be distinguished." + +The construction now given universally to the religious qualification of a +candidate, is simply that he shall have a belief in the existence and +superintending control of a Supreme Being. + +These old charges from which we derive the whole of our doctrine as to the +moral qualifications of a candidate, further prescribe as to the political +relations of a Mason, that he is to be "a peaceable subject to the civil +powers, wherever he resides or works, and is never to be concerned in +plots and conspiracies against the peace and welfare of the nation, nor to +behave himself undutifully to inferior magistrates. He is cheerfully to +conform to every lawful authority; to uphold on every occasion the +interest of the community, and zealously promote the prosperity of his own +country." + +Such being the characteristics of a true Mason, the candidate who desires +to obtain that title, must show his claim to the possession of these +virtues; and hence the same charges declare, in reference to these moral +qualifications, that "The persons made Masons, or admitted members of a +lodge, must be good and true men--no immoral or scandalous men, but of +good report." + + + +Section II. + +_Of the Physical Qualifications of Candidates._ + + +The physical qualifications of a candidate refer to his sex, his age, and +the condition of his limbs. + +The first and most important requisite of a candidate is, that he shall be +"_a man_." No woman can be made a Mason. This landmark is so indisputable, +that it would be wholly superfluous to adduce any arguments or authority +in its support. + +As to age, the old charges prescribe the rule, that the candidate must be +"of mature and discreet age." But what is the precise period when one is +supposed to have arrived at this maturity and discretion, cannot be +inferred from any uniform practice of the craft in different countries. +The provisions of the civil law, which make twenty-one the age of +maturity, have, however, been generally followed. In this country the +regulation is general, that the candidate must be twenty-one years of age. +Such, too, was the regulation adopted by the General Assembly, which met +on the 27th Dec., 1663, and which prescribed that "no person shall be +accepted unless he be twenty-one years old or more."[55] In Prussia, the +candidate is required to be twenty-five; in England, twenty-one,[56] +"unless by dispensation from the Grand Master, or Provincial Grand +Master;" in Ireland, twenty-one, except "by dispensation from the Grand +Master, or the Grand Lodge;" in France, twenty-one, unless the candidate +be the son of a Mason who has rendered important service to the craft, +with the consent of his parent or guardian, or a young man who has served +six months with his corps in the army--such persons may be initiated at +eighteen; in Switzerland, the age of qualification is fixed at twenty-one, +and in Frankfort-on-Mayn, at twenty. In this country, as I have already +observed, the regulation of 1663 is rigidly enforced, and no candidate, +who has not arrived at the age of twenty-one, can be initiated. + +Our ritual excludes "an old man in his dotage" equally with a "young man +under age." But as dotage signifies imbecility of mind, this subject will +be more properly considered under the head of intellectual qualifications. + +The physical qualifications, which refer to the condition of the +candidate's body and limbs, have given rise, within a few years past, to +a great amount of discussion and much variety of opinion. The regulation +contained in the old charges of 1721, which requires the candidate to be +"a perfect youth," has in some jurisdictions been rigidly enforced to the +very letter of the law, while in others it has been so completely +explained away as to mean anything or nothing. Thus, in South Carolina, +where the rule is rigid, the candidate is required to be neither deformed +nor dismembered, but of hale and entire limbs, as a man ought to be, while +in Maine, a deformed person may be admitted, provided "the deformity is +not such as to prevent him from being instructed in the arts and mysteries +of Freemasonry." + +The first written law which we find on this subject is that which was +enacted by the General Assembly held in 1663, under the Grand Mastership +of the Earl of St. Albans, and which declares "that no person shall +hereafter be accepted a Freemason but such as are of _able_ body."[57] + +Twenty years after, in the reign of James II., or about the year 1683, it +seems to have been found necessary, more exactly to define the meaning of +this expression, "of able body," and accordingly we find, among the +charges ordered to be read to a Master on his installation, the following +regulation: + +"Thirdly, that he that be made be able in all degrees; that is, free-born, +of a good kindred, true, and no bondsman, and that _he have his right +limbs as a man ought to have."_[58] + +The old charges, published in the original Book of Constitutions in 1723, +contain the following regulation: + +"No Master should take an Apprentice, unless he be a perfect youth having +no maim or defect that may render him uncapable of learning the art." + +Notwithstanding the positive demand for _perfection_, and the positive and +explicit declaration that he must have _no maim or defect_, the remainder +of the sentence has, within a few years past, by some Grand Lodges, been +considered as a qualifying clause, which would permit the admission of +candidates whose physical defects did not exceed a particular point. But, +in perfection, there can be no degrees of comparison, and he who is +required to be perfect, is required to be so without modification or +diminution. That which is _perfect_ is complete in all its parts, and, by +a deficiency in any portion of its constituent materials, it becomes not +less perfect, (which expression would be a solecism in grammar,) but at +once by the deficiency ceases to be perfect at all--it then becomes +imperfect. In the interpretation of a law, "words," says Blackstone, "are +generally to be understood in their usual and most known signification," +and then "perfect" would mean, "complete, entire, neither defective nor +redundant." But another source of interpretation is, the "comparison of a +law with other laws, that are made by the same legislator, that have some +affinity with the subject, or that expressly relate to the same +point."[59] Applying this law of the jurists, we shall have no difficulty +in arriving at the true signification of the word "perfect," if we refer +to the regulation of 1683, of which the clause in question appears to have +been an exposition. Now, the regulation of 1683 says, in explicit terms, +that the candidate must "_have his right limbs as a man ought to have_." +Comparing the one law with the other, there can be no doubt that the +requisition of Masonry is and always has been, that admission could only +be granted to him who was neither deformed nor dismembered, but of hale +and entire limbs as a man should be. + +But another, and, as Blackstone terms it, "the most universal and +effectual way of discovering the true meaning of a law" is, to consider +"the reason and spirit of it, or the cause which moved the legislator to +enact it." Now, we must look for the origin of the law requiring physical +perfection, not to the formerly operative character of the institution, +(for there never was a time when it was not speculative as well as +operative,) but to its symbolic nature. In the ancient temple, every stone +was required to be _perfect_, for a perfect stone was the symbol of truth. +In our mystic association, every Mason represents a stone in that +spiritual temple, "that house not made with hands, eternal in the +heavens," of which the temple of Solomon was the type. Hence it is +required that he should present himself, like the perfect stone in the +material temple, a perfect man in the spiritual building. "The symbolic +relation of each member of the Order to its mystic temple, forbids the +idea," says Bro. W.S. Rockwell, of Georgia,[60] "that its constituent +portions, its living stones, should be less perfect or less a type of +their great original, than the immaculate material which formed the +earthly dwelling place of the God of their adoration." If, then, as I +presume it will be readily conceded, by all except those who erroneously +suppose the institution to have been once wholly operative and afterwards +wholly speculative, perfection is required in a candidate, not for the +physical reason that he may be enabled to give the necessary signs of +recognition, but because the defect would destroy the symbolism of that +perfect stone which every Mason is supposed to represent in the spiritual +temple, we thus arrive at a knowledge of the causes which moved the +legislators of Masonry to enact the law, and we see at once, and without +doubt, that the words _perfect youth_ are to be taken in an unqualified +sense, as signifying one who has "his right limbs as a man ought to +have."[61] + +It is, however, but fair to state that the remaining clause of the old +charge, which asserts that the candidate must have no maim or defect that +may render him incapable of learning the art, has been supposed to intend +a modification of the word "perfect," and to permit the admission of one +whose maim or defect was not of such a nature as to prevent his learning +the art of Masonry. But I would respectfully suggest that a criticism of +this kind is based upon a mistaken view of the import of the words. The +sentence is not that the candidate must have no such maim or defect as +might, by possibility, prevent him from learning the art; though this is +the interpretation given by those who are in favor of admitting slightly +maimed candidates. It is, on the contrary, so worded as to give a +consequential meaning to the word "_that_." He must have no maim or defect +_that_ may render him incapable; that is, _because_, by having such maim +or defect, he would be rendered incapable of acquiring our art. + +In the Ahiman Rezon published by Laurence Dermott in 1764, and adopted for +the government of the Grand Lodge of Ancient York Masons in England, and +many of the Provincial Grand and subordinate lodges of America, the +regulation is laid down that candidates must be "men of good report, +free-born, of mature age, not deformed nor dismembered at the time of +their making, and no woman or eunuch." It is true that at the present day +this book possesses no legal authority among the craft; but I quote it, to +show what was the interpretation given to the ancient law by a large +portion, perhaps a majority, of the English and American Masons in the +middle of the eighteenth century. + +A similar interpretation seems at all times to have been given by the +Grand Lodges of the United States, with the exception of some, who, within +a few years past, have begun to adopt a more latitudinarian construction. + +In Pennsylvania it was declared, in 1783, that candidates are not to be +"deformed or dismembered at the time of their making." + +In South Carolina the book of Constitutions, first published in 1807, +requires that "every person desiring admission must be upright in body, +not deformed or dismembered at the time of making, but of hale and entire +limbs, as a man ought to be." + +In the "Ahiman Rezon and Masonic Ritual," published by order of the Grand +Lodge of North Carolina and Tennessee, in the year 1805, candidates are +required to be "hale and sound, not deformed or dismembered at the time of +their making."[62] + +Maryland, in 1826, sanctioned the Ahiman Rezon of Cole, which declares +the law in precisely the words of South Carolina, already quoted. + +In 1823, the Grand Lodge of Missouri unanimously adopted a report, which +declared that all were to be refused admission who were not "sound in mind +and _all their members_," and she adopted a resolution asserting that "the +Grand Lodge cannot grant a letter or dispensation to a subordinate lodge +working under its jurisdiction, to initiate any person maimed, disabled, +or wanting the qualifications establishing by ancient usage."[63] + +But it is unnecessary to multiply instances. There never seems to have +been any deviation from the principle that required absolute physical +perfection, until, within a few years, the spirit of expediency[64] has +induced some Grand Lodges to propose a modified construction of the law, +and to admit those whose maims or deformities were not such as to prevent +them from complying with the ceremonial of initiation. Still, a large +number of the Grand Lodges have stood fast by the ancient landmark, and it +is yet to be hoped that all will return to their first allegiance. The +subject is an important one, and, therefore, a few of the more recent +authorities, in behalf of the old law may with advantage be cited. + +"We have examined carefully the arguments 'pro and con,' that have +accompanied the proceedings of the several Grand Lodges, submitted to us, +and the conviction has been forced upon our minds, even against our wills, +that we depart from the ancient landmarks and usages of Masonry, whenever +we admit an individual wanting in one of the human senses, or who is in +any particular maimed or deformed."--_Committee of Correspondence G. Lodge +of Georgia_, 1848, _page_ 36. + +"The rationale of the law, excluding persons physically imperfect and +deformed, lies deeper and is more ancient than the source ascribed to +it.[65] It is grounded on a principle recognized in the earliest ages of +the world; and will be found identical with that which obtained among the +ancient Jews. In this respect the Levitical law was the same as the +masonic, which would not allow any 'to go in unto the vail' who had a +blemish--a blind man, or a lame, or a man that was broken-footed, or +broken-handed, or a dwarf, &c.... + +"The learned and studious Freemasonic antiquary can satisfactorily explain +the metaphysics of this requisition in our Book of Constitutions. For the +true and faithful Brother it sufficeth to know that such a requisition +exists. He will prize it the more because of its antiquity.... No man can +in perfection be 'made a Brother,' no man can truly 'learn our mysteries,' +and practice them, or 'do the work of a Freemason,' if he is not a _man_ +with body free from maim, defect and deformity."--_Report of a Special +Committee of the Grand Lodge of New York, in_ 1848.[66] + +"The records of this Grand Lodge may be confidently appealed to, for +proofs of her repeated refusal to permit maimed persons to be initiated, +and not simply on the ground that ancient usage forbids it, but because +the fundamental constitution of the Order--the ancient charges--forbid +it."--_Committee of Correspondence of New York, for 1848, p. 70._ + +"The lodges subordinate to this Grand Lodge are hereby required, in the +initiation of applicants for Masonry, to adhere to the ancient law (as +laid down in our printed books), which says he shall be of _entire +limbs_"--_Resolution of the G.L. of Maryland, November, 1848._ + +"I received from the lodge at Ashley a petition to initiate into our Order +a gentleman of high respectability, who, unfortunately, has been maimed. I +refused my assent.... I have also refused a similar request from the lodge +of which I am a member. The fact that the most distinguished masonic body +on earth has recently removed one of the landmarks, should teach _us_ to +be careful how we touch those ancient boundaries."--_Address of the Grand +Master of New Jersey in 1849._ + +"The Grand Lodge of Florida adopted such a provision in her constitution, +[the qualifying clause permitting the initiation of a maimed person, if +his deformity was not such as to prevent his instruction], but more +mature reflection, and more light reflected from our sister Grand Lodges, +caused it to be stricken from our constitution."--_Address of Gov. Tho. +Brown, Grand Master of Florida in_ 1849. + +"As to the physical qualifications, the Ahiman Rezon leaves no doubt on +the subject, but expressly declares, that every applicant for initiation +must be a man, free-born, of lawful age, in the perfect enjoyment of his +senses, hale, and sound, and not deformed or dismembered; this is one of +the ancient landmarks of the Order, which it is in the power of no body of +men to change. A man having but one arm, or one leg, or who is in anyway +deprived of his due proportion of limbs and members, is as incapable of +initiation as a woman."--_Encyclical Letter of the Grand Lodge of South +Carolina to its subordinates in_ 1849. + +Impressed, then, by the weight of these authorities, which it would be +easy, but is unnecessary, to multiply--guided by a reference to the +symbolic and speculative (not operative) reason of the law--and governed +by the express words of the regulation of 1683--I am constrained to +believe that the spirit as well as the letter of our ancient landmarks +require that a candidate for admission should be perfect in all his +parts, that is, neither redundant nor deficient, neither deformed nor +dismembered, but of hale and entire limbs, as a man ought to be. + + + +Section III. + +_Of the Intellectual Qualifications of Candidates._ + + +The Old Charges and Ancient Constitutions are not as explicit in relation +to the intellectual as to the moral and physical qualifications of +candidates, and, therefore, in coming to a decision on this subject, we +are compelled to draw our conclusions from analogy, from common sense, and +from the peculiar character of the institution. The question that here +suggests itself on this subject is, what particular amount of human +learning is required as a constitutional qualification for initiation? + +During a careful examination of every ancient document to which I have had +access, I have met with no positive enactment forbidding the admission of +uneducated persons, even of those who can neither read nor write. The +unwritten, as well as the written laws of the Order, require that the +candidate shall be neither a _fool_ nor an _idiot_, but that he shall +possess a discreet judgment, and be in the enjoyment of all the senses of +a man. But one who is unable to subscribe his name, or to read it when +written, might still very easily prove himself to be within the +requirements of this regulation. The Constitutions of England, formed +since the union of the two Grand Lodges in 1813, are certainly explicit +enough on this subject. They require even more than a bare knowledge of +reading and writing, for, in describing the qualifications of a candidate, +they say: + +"He should be a lover of the liberal arts and sciences, and have made some +progress in one or other of them; and he must, previous to his initiation, +subscribe his name at full length, to a declaration of the following +import," etc. And in a note to this regulation, it is said, "Any +individual who cannot write is, consequently, ineligible to be admitted +into the Order." If this authority were universal in its character, there +would be no necessity for a further discussion of the subject. But the +modern constitutions of the Grand Lodge of England are only of force +within its own jurisdiction, and we are therefore again compelled to +resort to a mode of reasoning for the proper deduction of our conclusions +on this subject. + +It is undoubtedly true that in the early period of the world, when +Freemasonry took its origin, the arts of reading and writing were not so +generally disseminated among all classes of the community as they now are, +when the blessings of a common education can be readily and cheaply +obtained. And it may, therefore, be supposed that among our ancient +Brethren there were many who could neither read nor write. But after all, +this is a mere assumption, which, although it may be based on probability, +has no direct evidence for its support. And, on the other hand, we see +throughout all our ancient regulations, that a marked distinction was made +by our rulers between the Freemason and the Mason who was not free; as, +for instance, in the conclusion of the fifth chapter of the Ancient +Charges, where it is said: "No laborer shall be employed in the common +work of Masonry, nor shall Freemasons work with those who are not free, +without an urgent necessity." And this would seem to indicate a higher +estimation by the fraternity of their own character, which might be +derived from their greater attainments in knowledge. That in those days +the ordinary operative masons could neither read nor write, is a fact +established by history. But it does not follow that the Freemasons, who +were a separate society of craftsmen, were in the same unhappy category; +it is even probable, that the fact that they were not so, but that they +were, in comparison with the unaccepted masons, educated men, may have +been the reason of the distinction made between these two classes of +workmen. + +But further, all the teachings of Freemasonry are delivered on the +assumption that the recipients are men of some education, with the means +of improving their minds and increasing their knowledge. Even the Entered +Apprentice is reminded, by the rough and perfect ashlars, of the +importance and necessity of a virtuous education, in fitting him for the +discharge of his duties. To the Fellow Craft, the study of the liberal +arts and sciences is earnestly recommended; and indeed, that sacred +hieroglyphic, the knowledge of whose occult signification constitutes the +most solemn part of his instruction, presupposes an acquaintance at least +with the art of reading. And the Master Mason is expressly told in the +explanation of the forty-seventh problem of Euclid, as one of the symbols +of the third degree, that it was introduced into Masonry to teach the +Brethren the value of the arts and sciences, and that the Mason, like the +discoverer of the problem, our ancient Brother Pythagoras, should be a +diligent cultivator of learning. Our lectures, too, abound in allusions +which none but a person of some cultivation of mind could understand or +appreciate, and to address them, or any portion of our charges which refer +to the improvement of the intellect and the augmentation of knowledge, to +persons who can neither read nor write, would be, it seems to us, a +mockery unworthy of the sacred character of our institution. + +From these facts and this method of reasoning, I deduce the conclusion +that the framers of Masonry, in its present organization as a speculative +institution, must have intended to admit none into its fraternity whose +minds had not received some preliminary cultivation, and I am, therefore, +clearly of opinion, that a person who cannot read and write is not legally +qualified for admission. + +As to the inexpediency of receiving such candidates, there can be no +question or doubt. If Masonry be, as its disciples claim for it, a +scientific institution, whose great object is to improve the understanding +and to enlarge and adorn the mind, whose character cannot be appreciated, +and whose lessons of symbolic wisdom cannot be acquired, without much +studious application, how preposterous would it be to place, among its +disciples, one who had lived to adult years, without having known the +necessity or felt the ambition for a knowledge of the alphabet of his +mother tongue? Such a man could make no advancement in the art of Masonry; +and while he would confer no substantial advantage on the institution, he +would, by his manifest incapacity and ignorance, detract, in the eyes of +strangers, from its honor and dignity as an intellectual society. + +Idiots and madmen are excluded from admission into the Order, for the +evident reason that the former from an absence, and the latter from a +perversion of the intellectual faculties, are incapable of comprehending +the objects, or of assuming the responsibilities and obligations of the +institution. + +A question here suggests itself whether a person of present sound mind, +but who had formerly been deranged, can legally be initiated. The answer +to this question turns on the fact of his having perfectly recovered. If +the present sanity of the applicant is merely a lucid interval, which +physicians know to be sometimes vouched to lunatics, with the absolute +certainty, or at best, the strong probability, of an eventual return to a +state of mental derangement, he is not, of course, qualified for +initiation. But if there has been a real and durable recovery (of which a +physician will be a competent judge), then there can be no possible +objection to his admission, if otherwise eligible. We are not to look to +what the candidate once was, but to what he now is. + +Dotage, or the mental imbecility produced by excessive old age, is also a +disqualification for admission. Distinguished as it is by puerile desires +and pursuits, by a failure of the memory, a deficiency of the judgment, +and a general obliteration of the mental powers, its external signs are +easily appreciated, and furnish at once abundant reason why, like idiots +and madmen, the superannuated dotard is unfit to be the recipient of our +mystic instructions. + + + +Section IV. + +_Of the Political Qualifications of Candidates._ + + +The Constitutions of Masonry require, as the only qualification referring +to the political condition of the candidate, or his position in society, +that he shall be _free-born_. The slave, or even the man born in +servitude--though he may, subsequently, have obtained his liberty--is +excluded by the ancient regulations from initiation. The non-admission of +a slave seems to have been founded upon the best of reasons; because, as +Freemasonry involves a solemn contract, no one can legally bind himself to +its performance who is not a free agent and the master of his own actions. +That the restriction is extended to those who were originally in a servile +condition, but who may have since acquired their liberty, seems to depend +on the principle that birth, in a servile condition, is accompanied by a +degradation of mind and abasement of spirit, which no subsequent +disenthralment can so completely efface as to render the party qualified +to perform his duties, as a Mason, with that "freedom, fervency, and +zeal," which are said to have distinguished our ancient Brethren. +"Children," says Oliver, "cannot inherit a free and noble spirit except +they be born of a free woman." + +The same usage existed in the spurious Freemasonry or the Mysteries of the +ancient world. There, no slave, or men born in slavery, could be +initiated; because, the prerequisites imperatively demanded that the +candidate should not only be a man of irreproachable manners, but also a +free-born denizen of the country in which the mysteries were celebrated. + +Some masonic writers have thought that, in this regulation in relation to +free birth, some allusion is intended, both in the Mysteries and in +Freemasonry, to the relative conditions and characters of Isaac and +Ishmael. The former--the accepted one, to whom the promise was given--was +the son of a free woman, and the latter, who was cast forth to have "his +hand against every man, and every man's hand against him," was the child +of a slave. Wherefore, we read that Sarah demanded of Abraham, "Cast out +this bondwoman and her son; for the son of the bondwoman shall not be heir +with my son." Dr. Oliver, in speaking of the grand festival with which +Abraham celebrated the weaning of Isaac, says, that he "had not paid the +same compliment at the weaning of Ishmael, because he was the son of a +bondwoman, and, consequently, could not be admitted to participate in the +Freemasonry of his father, which could only be conferred on free men born +of free women." The ancient Greeks were of the same opinion; for they used +the word δουλοπĎεπεια or, "slave manners," to designate any very great +impropriety of manners. + +The Grand Lodge of England extends this doctrine, that Masons should be +free in all their thoughts and actions, so far, that it will not permit +the initiation of a candidate who is only temporarily deprived of his +liberty, or even in a place of confinement. In the year 1782, the Master +of the Royal Military Lodge, at Woolwich, being confined, most probably +for debt, in the King's Bench prison, at London, the lodge, which was +itinerant in its character, and allowed to move from place to place with +its regiment, adjourned, with its warrant of constitution, to the Master +in prison, where several Masons were made. The Grand Lodge, being informed +of the circumstances, immediately summoned the Master and Wardens of the +lodge "to answer for their conduct in making Masons in the King's Bench +prison," and, at the same time, adopted a resolution, affirming that "it +is inconsistent with the principles of Freemasonry for any Freemason's +lodge to be held, for the purposes of making, passing, or raising Masons, +in any prison or place of confinement." + + + +Section V. + +_Of the Petition of Candidates for Admission, and the Action thereon_. + + +The application of a candidate to a lodge, for initiation, is called a +"petition." This petition should always be in writing, and generally +contains a statement of the petitioner's age, occupation, and place of +residence, and a declaration of the motives which have prompted the +application, which ought to be "a favorable opinion conceived of the +institution and a desire of knowledge."[67] This petition must be +recommended by at least two members of the lodge. + +The petition must be read at a stated or regular communication of the +lodge, and referred to a committee of three members for an investigation +of the qualifications and character of the candidate. The committee having +made the necessary inquiries, will report the result at the next regular +communication and not sooner. + +The authority for this deliberate mode of proceeding is to be found in the +fifth of the 39 General Regulations, which is in these words: + +"No man can be made or admitted a member of a particular lodge, without +previous notice one month before given to the said lodge, in order to make +due inquiry into the reputation and capacity of the candidate; unless by +dispensation aforesaid." + +The last clause in this article provides for the only way in which this +probation of a month can be avoided, and that is when the Grand Master, +for reasons satisfactory to himself, being such as will constitute what is +called (sometimes improperly) a case of emergency, shall issue a +dispensation permitting the lodge to proceed forthwith to the election. + +But where this dispensation has not been issued, the committee should +proceed diligently and faithfully to the discharge of their responsible +duty. They must inquire into the moral, physical, intellectual and +political qualifications of the candidate, and make their report in +accordance with the result of their investigations. + +The report cannot be made at a special communication, but must always be +presented at a regular one. The necessity of such a rule is obvious. As +the Master can at any time within his discretion convene a special meeting +of his lodge, it is evident that a presiding officer, if actuated by an +improper desire to intrude an unworthy and unpopular applicant upon the +craft, might easily avail himself for that purpose of an occasion when the +lodge being called for some other purpose, the attendance of the members +was small, and causing a ballot to be taken, succeed in electing a +candidate, who would, at a regular meeting, have been blackballed by some +of those who were absent from the special communication. + +This regulation is promulgated by the Grand Lodge of England, in the +following words: "No person shall be made a Mason without a regular +proposition at one lodge and a ballot at the next regular stated lodge;" +it appears to have been almost universally adopted in similar language by +the Grand Lodges of this country; and, if the exact words of the law are +wanting in any of the Constitutions, the general usage of the craft has +furnished an equivalent authority for the regulation. + +If the report of the committee is unfavorable, the candidate should be +considered as rejected, without any reference to a ballot. This rule is +also founded in reason. If the committee, after a due inquiry into the +character of the applicant, find the result so disadvantageous to him as +to induce them to make an unfavorable report on his application, it is to +be presumed that on a ballot they would vote against his admission, and as +their votes alone would be sufficient to reject him, it is held +unnecessary to resort in such a case to the supererogatory ordeal of the +ballot. It would, indeed, be an anomalous proceeding, and one which would +reflect great discredit on the motives and conduct of a committee of +inquiry, were its members first to report against the reception of a +candidate, and then, immediately afterwards, to vote in favor of his +petition. The lodges will not suppose, for the honor of their committees, +that such a proceeding will take place, and accordingly the unfavorable +report of the committee is always to be considered as a rejection. + +Another reason for this regulation seems to be this. The fifth General +Regulation declares that no Lodge should ever make a Mason without "due +inquiry" into his character, and as the duty of making this inquiry is +entrusted to a competent committee, when that committee has reported that +the applicant is unworthy to be made a Mason, it would certainly appear to +militate against the spirit, if not the letter, of the regulation, for the +lodge, notwithstanding this report, to enter into a ballot on the +petition. + +But should the committee of investigation report favorably, the lodge will +then proceed to a ballot for the candidate; but, as this forms a separate +and important step in the process of "making Masons," I shall make it the +subject of a distinct section. + + + +Section VI. + +_Of Balloting for Candidates._ + + +The Thirty-nine Regulations do not explicitly prescribe the ballot-box as +the proper mode of testing the opinion of the lodge on the merits of a +petition for initiation. The sixth regulation simply says that the consent +of the members is to be "formally asked by the Master; and they are to +signify their assent or dissent _in their own prudent way_ either +virtually or in form, but with unanimity." Almost universal usage has, +however, sanctioned the ballot box and the use of black and white balls as +the proper mode of obtaining the opinion of the members. + +From the responsibility of expressing this opinion, and of admitting a +candidate into the fraternity or of repulsing him from it, no Mason is +permitted to shrink. In balloting on a petition, therefore, every member +of the Lodge is expected to vote; nor can he be excused from the discharge +of this important duty, except by the unanimous consent of his Brethren. +All the members must, therefore, come up to the performance of this trust +with firmness, candor, and a full determination to do what is right--to +allow no personal timidity to forbid the deposit of a black ball, if the +applicant is unworthy, and no illiberal prejudices to prevent the +deposition of a white one, if the character and qualifications of the +candidate are unobjectionable. And in all cases where a member himself has +no personal or acquired knowledge of these qualifications, he should rely +upon and be governed by the recommendation of his Brethren of the +Committee of Investigation, who he has no right to suppose would make a +favorable report on the petition of an unworthy applicant.[68] + +The great object of the ballot is, to secure the independence of the +voter; and, for this purpose, its secrecy should be inviolate. And this +secrecy of the ballot gives rise to a particular rule which necessarily +flows out of it. + +No Mason can be called to an account for the vote which he has deposited. +The very secrecy of the ballot is intended to secure the independence and +irresponsibility to the lodge of the voter. And, although it is +undoubtedly a crime for a member to vote against the petition of an +applicant on account of private pique or personal prejudice, still the +lodge has no right to judge that such motives alone actuated him. The +motives of men, unless divulged by themselves, can be known only to God; +"and if," as Wayland says, "from any circumstances we are led to entertain +any doubts of the motives of men, we are bound to retain these doubts +within our own bosoms." Hence, no judicial notice can be or ought to be +taken by a lodge of a vote cast by a member, on the ground of his having +been influenced by improper motives, because it is impossible for the +lodge legally to arrive at the knowledge; in the first place, of the vote +that he has given, and secondly, of the motives by which he has been +controlled. + +And even if a member voluntarily should divulge the nature of his vote and +of his motives, it is still exceedingly questionable whether the lodge +should take any notice of the act, because by so doing the independence of +the ballot might be impaired. It is through a similar mode of reasoning +that the Constitution of the United States provides, that the members of +Congress shall not be questioned, in any other place, for any speech or +debate in either House. As in this way the freedom of debate is preserved +in legislative bodies, so in like manner should the freedom of the ballot +be insured in lodges. + +The sixth General Regulation requires unanimity in the ballot. Its +language is: "but no man can be entered a Brother in any particular lodge, +or admitted to be a member thereof, without the _unanimous consent of all +the members of that lodge_ then present when the candidate is proposed." +This regulation, it will be remembered, was adopted in 1721. But in the +"New Regulations," adopted in 1754, and which are declared to have been +enacted "only for amending or explaining the Old Regulations for the good +of Masonry, without breaking in upon the ancient rules of the fraternity, +still preserving the old landmarks," it is said: "but it was found +inconvenient to insist upon unanimity in several cases; and, therefore, +the Grand Masters have allowed the lodges to admit a member, if not above +three black balls are against him; though some lodges desire no such +allowance."[69] + +The Grand Lodge of England still acts under this new regulation, and +extends the number of black balls which will reject to three, though it +permits its subordinates, if they desire it, to require unanimity. But +nearly all the Grand Lodges of this country have adhered to the old +regulation, which is undoubtedly the better one, and by special enactment +have made the unanimous consent of all the Brethren present necessary to +the election of a candidate. + +Another question here suggests itself. Can a member, who by the bye-laws +of his lodge is disqualified from the exercise of his other franchises as +a member, in consequence of being in arrears beyond a certain amount, be +prevented from depositing his ballot on the application of a candidate? +That by such a bye-law he may be disfranchised of his vote in electing +officers, or of the right to hold office, will be freely admitted. But the +words of the old regulation seem expressly, and without equivocation, to +require that _every member present_ shall vote. The candidate shall only +be admitted "by the unanimous consent of all the members of that lodge +then present when the candidate is proposed." This right of the members to +elect or reject their candidates is subsequently called "an inherent +privilege," which is not subject to a dispensation. The words are +explicit, and the right appears to be one guaranteed to every member so +long as he continues a member, and of which no bye-law can divest him as +long as the paramount authority of the Thirty-nine General Regulations is +admitted. I should say, then, that every member of a lodge present at +balloting for a candidate has a right to deposit his vote; and not only a +right, but a duty which he is to be compelled to perform; since, without +the unanimous consent of all present, there can be no election. + +Our written laws are altogether silent as to the peculiar ceremonies which +are to accompany the act of balloting, which has therefore been generally +directed by the local usage of different jurisdictions. Uniformity, +however, in this, as in all other ritual observances, is to be commended, +and I shall accordingly here describe the method which I have myself +preferred and practised in balloting for candidates, and which is the +custom adopted in the jurisdiction of South Carolina.[70] + +The committee of investigation having reported favorably, the Master of +the lodge directs the Senior Deacon to prepare the ballot box. The mode in +which this is accomplished is as follows:--The Senior Deacon takes the +ballot box, and, opening it, places all the white and black balls +indiscriminately in one compartment, leaving the other entirely empty. He +then proceeds with the box to the Junior and Senior Wardens, who satisfy +themselves by an inspection that no ball has been left in the compartment +in which the votes are to be deposited. I remark here, in passing, that +the box, in this and the other instance to be referred to hereafter, is +presented to the inferior officer first, and then to his superior, that +the examination and decision of the former may be substantiated and +confirmed by the higher authority of the latter. Let it, indeed, be +remembered, that in all such cases the usage of masonic _circumambulation_ +is to be observed, and that, therefore, we must first pass the Junior's +station before we can get to that of the Senior Warden. + +These officers having thus satisfied themselves that the box is in a +proper condition for the reception of the ballots, it is then placed upon +the altar by the Senior Deacon, who retires to his seat. The Master then +directs the Secretary to call the roll, which is done by commencing with +the Worshipful Master, and proceeding through all the officers down to the +youngest member. As a matter of convenience, the Secretary generally votes +the last of those in the room, and then, if the Tiler is a member of the +lodge, he is called in, while the Junior Deacon tiles for him, and the +name of the applicant having been told him, he is directed to deposit his +ballot, which he does, and then retires. + +As the name of each officer and member is called he approaches the altar, +and having made the proper masonic salutation to the Chair, he deposits +his ballot and retires to his seat. The roll should be called slowly, so +that at no time should there be more than one person present at the box; +for, the great object of the ballot being secrecy, no Brother should be +permitted so near the member voting as to distinguish the color of the +ball he deposits. + +The box is placed on the altar, and the ballot is deposited with the +solemnity of a masonic salutation, that the voters may be duly impressed +with the sacred and responsible nature of the duty they are called on to +discharge. The system of voting thus described, is, therefore, far better +on this account than the one sometimes adopted in lodges, of handing round +the box for the members to deposit their ballots from their seats + +The Master having inquired of the Wardens if all have voted, then orders +the Senior Deacon to "take charge of the ballot box." That officer +accordingly repairs to the altar, and taking possession of the box, +carries it, as before, to the Junior Warden, who examines the ballot, and +reports, if all the balls are white, that "the box is clear in the South," +or, if there is one or more black balls, that "the box is foul in the +South." The Deacon then carries it to the Senior Warden, and afterwards to +the Master, who, of course, make the same report, according to the +circumstances, with the necessary verbal variation of "West" and "East." + +If the box is _clear_--that is, if all the ballots are white--the Master +then announces that the applicant has been duly elected, and the Secretary +makes a record of the fact. + +But if the box is declared to be _foul_, the Master inspects the number +of black balls; if he finds two, he declares the candidate to be rejected; +if only one, he so states the fact to the lodge, and orders the Senior +Deacon again to prepare the ballot box, and a second ballot is taken in +the same way. This is done lest a black ball might have been inadvertently +voted on the first ballot. If, on the second scrutiny, one black ball is +again found, the fact is announced by the Master, who orders the election +to lie over until the next stated meeting, and requests the Brother who +deposited the black ball to call upon him and state his reasons. At the +next stated meeting the Master announces these reasons to the lodge, if +any have been made known to him, concealing, of course, the name of the +objecting Brother. At this time the validity or truth of the objections +may be discussed, and the friends of the applicant will have an +opportunity of offering any defense or explanation. The ballot is then +taken a third time, and the result, whatever it may be, is final. As I +have already observed, in most of the lodges of this country, a +reappearance of the one black ball will amount to a rejection. In those +lodges which do not require unanimity, it will, of course, be necessary +that the requisite number of black balls must be deposited on this third +ballot to insure a rejection. But if, on inspection, the box is found to +be "clear," or without a black ball, the candidate is, of course, declared +to be elected. In any case, the result of the third ballot is final, nor +can it be set aside or reversed by the action of the Grand Master or Grand +Lodge; because, by the sixth General Regulation, already so frequently +cited, the members of every particular lodge are the best judges of the +qualifications of their candidates; and, to use the language of the +Regulation, "if a fractious member should be imposed on them, it might +spoil their harmony, or hinder their freedom, or even break and disperse +the lodge." + + + +Section VII. + +_Of the Reconsideration of the Ballot._ + + +There are, unfortunately, some men in our Order, governed, not by +essentially bad motives, but by frail judgments and by total ignorance of +the true object and design of Freemasonry, who never, under any +circumstances, have recourse to the black ball, that great bulwark of +Masonry, and are always more or less incensed when any more judicious +Brother exercises his privilege of excluding those whom he thinks unworthy +of participation in our mysteries. + +I have said, that these men are not governed by motives essentially bad. +This is the fact. They honestly desire the prosperity of the institution, +and they would not willfully do one act which would impede that +prosperity. But their judgments are weak, and their zeal is without +knowledge. They do not at all understand in what the true prosperity of +the Order consists, but really and conscientiously believing that its +actual strength will be promoted by the increase of the number of its +disciples; they look rather to the _quantity_ than to the _quality_ of the +applicants who knock at the doors of our lodges. + +Now a great difference in respect to the mode in which the ballot is +conducted, will be found in those lodges which are free from the presence +of such injudicious brethren, and others into which they have gained +admittance. + +In a lodge in which every member has a correct notion of the proper moral +qualifications of the candidates for Masonry, and where there is a general +disposition to work well with a few, rather than to work badly with many, +when a ballot is ordered, each Brother, having deposited his vote, +quietly and calmly waits to hear the decision of the ballot box announced +by the Chair. If it is "clear," all are pleased that another citizen has +been found worthy to receive a portion of the illuminating rays of +Masonry. If it is "foul," each one is satisfied with the adjudication, and +rejoices that, although knowing nothing himself against the candidate, +some one has been present whom a more intimate acquaintance with the +character of the applicant has enabled to interpose his veto, and prevent +the purity of the Order from being sullied by the admission of an unworthy +candidate. Here the matter ends, and the lodge proceeds to other business. + +But in a lodge where one of these injudicious and over-zealous Brethren is +present, how different is the scene. If the candidate is elected, he, too, +rejoices; but his joy is, that the lodge has gained one more member whose +annual dues and whose initiation fee will augment the amount of its +revenues. If he is rejected, he is indignant that the lodge has been +deprived of this pecuniary accession, and forthwith he sets to work to +reverse, if possible, the decision of the ballot box, and by a volunteer +defense of the rejected candidate, and violent denunciations of those who +opposed him, he seeks to alarm the timid and disgust the intelligent, so +that, on a _reconsideration_, they may be induced to withdraw their +opposition. + +The _motion for reconsideration_ is, then, the means generally adopted, by +such seekers after quantity, to insure the success of their efforts to +bring all into our fold who seek admission, irrespective of worth or +qualification. In other words, we may say, that _the motion for +reconsideration is the great antagonist of the purity and security of the +ballot box_. The importance, then, of the position which it thus assumes, +demands a brief discussion of the time and mode in which a ballot may be +reconsidered. + +In the beginning of the discussion, it may be asserted, that it is +competent for any brother to move a reconsideration of a ballot, or for a +lodge to vote on such a motion. The ballot is a part of the work of +initiating a candidate. It is the preparatory step, and is just as +necessary to his legal making as the obligation or the investiture. As +such, then, it is clearly entirely under the control of the Master. The +Constitutions of Masonry and the Rules and Regulations of every Grand and +Subordinate lodge prescribe the mode in which the ballot shall be +conducted, so that the sense of the members may be taken. The Grand Lodge +also requires that the Master of the lodge shall see that that exact mode +of ballot shall be pursued and no other, and it will hold him responsible +that there shall be no violation of the rule. If, then, the Master is +satisfied that the ballot has been regularly and correctly conducted, and +that no possible good, but some probable evil, would arise from its +reconsideration, it is not only competent for him, but it is his solemn +duty to refuse to permit any such reconsideration. A motion to that +effect, it may be observed, will always be out of order, although any +Brother may respectfully request the Worshipful Master to order such a +reconsideration, or suggest to him its propriety or expediency. + +If, however, the Master is not satisfied that the ballot is a true +indication of the sense of the lodge, he may, in his own discretion, order +a reconsideration. Thus there may be but one black ball;--now a single +black ball may sometimes be inadvertently cast--the member voting it may +have been favorably disposed towards the candidate, and yet, from the +hurry and confusion of voting, or from the dimness of the light or the +infirmity of his own eyes, or from some other equally natural cause, he +may have selected a black ball, when he intended to have taken a white +one. It is, therefore, a matter of prudence and necessary caution, that, +when only one black ball appears, the Master should order a new ballot. On +this second ballot, it is to be presumed that more care and vigilance will +be used, and the reappearance of the black ball will then show that it was +deposited designedly. + +But where two or three or more black balls appear on the first ballot, +such a course of reasoning is not authorized, and the Master will then be +right to refuse a reconsideration. The ballot has then been regularly +taken--the lodge has emphatically decided for a rejection, and any order +to renew the ballot would only be an insult to those who opposed the +admission of the applicant, and an indirect attempt to thrust an unwelcome +intruder upon the lodge. + +But although it is in the power of the Master, under the circumstances +which we have described, to order a reconsideration, yet this prerogative +is accompanied with certain restrictions, which it may be well to notice. + +In the first place, the Master cannot order a reconsideration on any other +night than that on which the original ballot was taken.[71] After the +lodge is closed, the decision of the ballot is final, and there is no +human authority that can reverse it. The reason of this rule is evident. +If it were otherwise, an unworthy Master (for, unfortunately, all Masters +are not worthy) might on any subsequent evening avail himself of the +absence of those who had voted black balls, to order a reconsideration, +and thus succeed in introducing an unfit and rejected candidate into the +lodge, contrary to the wishes of a portion of its members. + +Neither can he order a reconsideration on the same night, if any of the +Brethren who voted have retired. All who expressed their opinion on the +first ballot, must be present to express it on the second. The reasons for +this restriction are as evident as for the former, and are of the same +character. + +It must be understood, that I do not here refer to those reconsiderations +of the ballot which are necessary to a full understanding of the opinion +of the lodge, and which have been detailed in the ceremonial of the mode +of balloting, as it was described in the preceding Section. + +It may be asked whether the Grand Master cannot, by his dispensations, +permit a reconsideration. I answer emphatically, NO. The Grand Master +possesses no such prerogative. There is no law in the whole jurisprudence +of the institution clearer than this--that neither the Grand Lodge nor the +Grand Master can interfere with the decision of the ballot box. In +Anderson's Constitutions, the law is laid down, under the head of "Duty of +Members" (edition of 1755, p. 312), that in the election of candidates the +Brethren "are to give their consent in their own prudent way, either +virtually or in form, but with unanimity." And the regulation goes on to +say: "Nor is this inherent privilege _subject to a dispensation_, because +the members of a lodge are the best judges of it; and because, if a +turbulent member should be imposed upon them, it might spoil their +harmony, or hinder the freedom of their communications, or even break and +disperse the lodge." This settles the question. A dispensation to +reconsider a ballot would be an interference with the right of the members +"to give their consent in their own prudent way;" it would be an +infringement of an "inherent privilege," and neither the Grand Lodge nor +the Grand Master can issue a dispensation for such a purpose. Every lodge +must be left to manage its own elections of candidates in its own prudent +way. + +I conclude this section by a summary of the principles which have been +discussed, and which I have endeavored to enforce by a process of +reasoning which I trust may be deemed sufficiently convincing. They are +briefly these: + +1. It is never in order for a member to move for the reconsideration of a +ballot on the petition of a candidate for initiation, nor for a lodge to +entertain such a motion. + +2. The Master alone can, for reasons satisfactory to himself, order such a +reconsideration. + +3. The Master cannot order a reconsideration on any subsequent night, nor +on the same night, after any member, who was present and voted, has +departed. + +4. The Grand Master cannot grant a dispensation for a reconsideration, nor +in any other way interfere with the ballot. The same restriction applies +to the Grand Lodge. + + + +Section VIII. + +_Of the Renewal of Applications by Rejected Candidates._ + + +As it is apparent from the last section that there can be no +reconsideration by a lodge of a rejected petition, the question will +naturally arise, how an error committed by a lodge, in the rejection of a +worthy applicant, is to be corrected, or how such a candidate, when once +rejected, is ever to make a second trial, for it is, of course, admitted, +that circumstances may occur in which a candidate who had been once +blackballed might, on a renewal of his petition, be found worthy of +admission. He may have since reformed and abandoned the vicious habits +which caused his first rejection, or it may have been since discovered +that that rejection was unjust. How, then, is such a candidate to make a +new application? + +It is a rule of universal application in Masonry, that no candidate, +having been once rejected, can apply to any other lodge for admission, +except to the one which rejected him. Under this regulation the course of +a second application is as follows: + +Some Grand Lodges have prescribed that, when a candidate has been +rejected, it shall not be competent for him to apply within a year, six +months, or some other definite period. This is altogether a local +regulation--there is no such law in the Ancient Constitutions--and +therefore, where the regulations of the Grand Lodge of the jurisdiction +are silent upon the subject, general principles direct the following as +the proper course for a rejected candidate to pursue on a second +application. He must send in a new letter, recommended and vouched for as +before, either by the same or other Brethren--it must be again referred to +a committee--lie over for a month--and the ballot be then taken as is +usual in other cases. It must be treated in all respects as an entirely +new petition, altogether irrespective of the fact that the same person had +ever before made an application. In this way due notice will be given to +the Brethren, and all possibility of an unfair election will be avoided. + +If the local regulations are silent upon the subject, the second +application may be made at any time after the rejection of the first, all +that is necessary being, that the second application should pass through +the same ordeal and be governed by the same rules that prevail in relation +to an original application. + + + +Section IX. + +_Of the necessary Probation and due Proficiency of Candidates before +Advancement_. + + +There is, perhaps, no part of the jurisprudence of Masonry which it is +more necessary strictly to observe than that which relates to the +advancement of candidates through the several degrees. The method which is +adopted in passing Apprentices and raising Fellow Crafts--the probation +which they are required to serve in each degree before advancing to a +higher--and the instructions which they receive in their progress, often +materially affect the estimation which is entertained of the institution +by its initiates. The candidate who long remains at the porch of the +temple, and lingers in the middle chamber, noting everything worthy of +observation in his passage to the holy of holies, while he better +understands the nature of the profession upon which he has entered, will +have a more exalted opinion of its beauties and excellencies than he who +has advanced, with all the rapidity that dispensations can furnish, from +the lowest to the highest grades of the Order. In the former case, the +design, the symbolism, the history, and the moral and philosophical +bearing of each degree will be indelibly impressed upon the mind, and the +appositeness of what has gone before to what is to succeed will be readily +appreciated; but, in the latter, the lessons of one hour will be +obliterated by those of the succeeding one; that which has been learned in +one degree, will be forgotten in the next; and when all is completed, and +the last instructions have been imparted, the dissatisfied neophyte will +find his mind, in all that relates to Masonry, in a state of chaotic +confusion. Like Cassio, he will remember "a mass of things, but nothing +distinctly." + +An hundred years ago it was said that "Masonry was a progressive science, +and not to be attained in any degree of perfection, but by time, patience, +and a considerable degree of application and industry."[72] And it is +because that due proportion of time, patience and application, has not +been observed, that we so often see Masons indifferent to the claims of +the institution, and totally unable to discern its true character. The +arcana of the craft, as Dr. Harris remarks, should be gradually imparted +to its members, according to their improvement. + +There is no regulation of our Order more frequently repeated in our +constitutions, nor one which should be more rigidly observed, than that +which requires of every candidate a "suitable proficiency" in one degree, +before he is permitted to pass to another. But as this regulation is too +often neglected, to the manifest injury of the whole Order, as well as of +the particular lodge which violates it, by the introduction of ignorant +and unskillful workmen into the temple, it may be worth the labor we shall +spend upon the subject, to investigate some of the authorities which +support us in the declaration, that no candidate should be promoted, +until, by a due probation, he has made "suitable proficiency in the +preceding degree." + +In one of the earliest series of regulations that have been +preserved--made in the reign of Edward III., it was ordained, "that such +as were to be admitted Master Masons, or Masters of work, should be +examined whether they be able of cunning to serve their respective Lords, +as well the lowest as the highest, to the honor and worship of the +aforesaid art, and to the profit of their Lords." + +Here, then, we may see the origin of that usage, which is still practiced +in every well governed lodge, not only of demanding a proper degree of +proficiency in the candidate, but also of testing that proficiency by an +examination. + +This cautious and honest fear of the fraternity, lest any Brother should +assume the duties of a position which he could not faithfully discharge, +and which is, in our time, tantamount to a candidate's advancing to a +degree for which he is not prepared, is again exhibited in the charges +enacted in the reign of James II., the manuscript of which was preserved +in the archives of the Lodge of Antiquity in London. In these charges it +is required, "that no Mason take on no lord's worke, nor any other man's, +unless he know himselfe well able to perform the worke, so that the craft +have no slander." In the same charges, it is prescribed that "no master, +or fellow, shall take no apprentice for less than seven years." + +In another series of charges, whose exact date is not ascertained, but +whose language and orthography indicate their antiquity, it is said: "Ye +shall ordain the wisest to be Master of the work; and neither for love nor +lineage, riches nor favor, set one over the work[73] who hath but little +knowledge, whereby the Master would be evil served, and ye ashamed." + +These charges clearly show the great stress that was placed by our ancient +Brethren upon the necessity of skill and proficiency, and they have +furnished the precedents upon which are based all the similar regulations +that have been subsequently applied to Speculative Masonry. + +In the year 1722, the Grand Lodge of England ordered the "Old Charges of +the Free and Accepted Masons" to be collected from the ancient records, +and, having approved of them, they became a part of the Constitutions of +Speculative Freemasonry. In these Charges, it is ordained that "a younger +Brother shall be instructed in working, to prevent spoiling the materials +for want of judgment, and for increasing and continuing of brotherly +love." + +Subsequently, in 1767, it was declared by the Grand Lodge, that "no lodge +shall be permitted to make and raise the same Brother, at one and the same +meeting, without a dispensation from the Grand Master, or his Deputy;" +and, lest too frequent advantage should be taken of this power of +dispensation, to hurry candidates through the degrees, it is added that +the dispensation, "_on very particular occasions only_, may be +requested." + +The Grand Lodge of England afterwards found it necessary to be more +explicit on this subject, and the regulation of that body is now contained +in the following language: + +"No candidate shall be permitted to receive more than one degree on the +same day, nor shall a higher degree in Masonry be conferred on any Brother +at a less interval than four weeks from his receiving a previous degree, +nor until he has passed an examination in open lodge in that degree."[74] + +This seems to be the recognized principle on which the fraternity are, at +this day, acting in this country. The rule is, perhaps, sometimes, and in +some places, in abeyance. A few lodges, from an impolitic desire to +increase their numerical strength, or rapidly to advance men of worldly +wealth or influence to high stations in the Order, may infringe it, and +neglect to demand of their candidates that suitable proficiency which +ought to be, in Masonry, an essential recommendation to promotion; but the +great doctrine that each degree should be well studied, and the candidate +prove his proficiency in it by an examination, has been uniformly set +forth by the Grand Lodge of the United States, whenever they have +expressed an opinion on the subject. + +Thus, for instance, in 1845, the late Bro. A.A. Robertson, Grand Master of +New York, gave utterance to the following opinion, in his annual address +to the intelligent body over which he presided: + +"The practice of examining candidates in the prior degrees, before +admission to the higher, in order to ascertain their proficiency, is +gaining the favorable notice of Masters of lodges, and cannot be too +highly valued, nor too strongly recommended to all lodges in this +jurisdiction. It necessarily requires the novitiate to reflect upon the +bearing of all that has been so far taught him, and consequently to +impress upon his mind the beauty and utility of those sublime truths, +which have been illustrated in the course of the ceremonies he has +witnessed in his progress in the mystic art. In a word, it will be the +means of making competent overseers of the work--and no candidate should +be advanced, until he has satisfied the lodge, by such examination, that +he has made the necessary proficiency in the lower degrees."[75] + +In 1845, the Grand Lodge of Iowa issued a circular to her subordinates, +in which she gave the following admonition: + +"To guard against hasty and improper work, she prohibits a candidate from +being advanced till he has made satisfactory proficiency in the preceding +degrees, by informing himself of the lectures pertaining thereto; and to +suffer a candidate to proceed who is ignorant in this essential +particular, is calculated in a high degree to injure the institution and +retard its usefulness." + +The Grand Lodge of Illinois has practically declared its adhesion to the +ancient regulation; for, in the year 1843, the dispensation of Nauvoo +Lodge, one of its subordinates, was revoked principally on the ground that +she was guilty "of pushing the candidate through the second and third +degrees, before he could possibly be skilled in the preceding degree." And +the committee who recommended the revocation, very justly remarked that +they were not sure that any length of probation would in all cases insure +skill, but they were certain that the ancient landmarks of the Order +required that the lodge should know that the candidate is well skilled in +one degree before being admitted to another. + +The Grand Lodges of Massachusetts and South Carolina have adopted, almost +in the precise words, the regulation of the Grand Lodge of England, +already cited, which requires an interval of one month to elapse between +the conferring of degrees. The Grand Lodge of New Hampshire requires a +greater probation for its candidates; its constitution prescribes the +following regulation: "All Entered Apprentices must work five months as +such, before they can be admitted to the degree of Fellow Craft. All +Fellow Crafts must work in a lodge of Fellow Crafts three months, before +they can be raised to the sublime degree of Master Mason. Provided, +nevertheless, that if any Entered Apprentice, or Fellow Craft, shall make +himself thoroughly acquainted with all the information belonging to his +degree, he may be advanced at an earlier period, at the discretion of the +lodge." + +But, perhaps, the most stringent rule upon this subject, is that which +exists in the Constitution of the Grand Lodge of Hanover, which is in the +following words: + +"No Brother can be elected an officer of a lodge until he has been three +years a Master Mason. A Fellow Craft must work at least one year in that +degree, before he can be admitted to the third degree. An Entered +Apprentice must remain at least two years in that degree." + +It seems unnecessary to extend these citations. The existence of the +regulation, which requires a necessary probation in candidates, until due +proficiency is obtained, is universally admitted. The ancient +constitutions repeatedly assert it, and it has received the subsequent +sanction of innumerable Masonic authorities. But, unfortunately, the +practice is not always in accordance with the rule. And, hence, the object +of this article is not so much to demonstrate the existence of the law, as +to urge upon our readers the necessity of a strict adherence to it. There +is no greater injury which can be inflicted on the Masonic Order (the +admission of immoral persons excepted), than that of hurrying candidates +through the several degrees. Injustice is done to the institution, whose +peculiar principles and excellencies are never properly presented--and +irreparable injury to the candidate, who, acquiring no fair appreciation +of the ceremonies through which he rapidly passes, or of the instructions +which he scarcely hears, is filled either with an indifference that never +afterwards can be warmed into zeal, or with a disgust that can never be +changed into esteem. Masonry is betrayed in such an instance by its +friends, and often loses the influence of an intelligent member, who, if +he had been properly instructed, might have become one of its warmest and +most steadfast advocates. + +This subject is so important, that I will not hesitate to add to the +influence of these opinions the great sanction of Preston's authority. + +"Many persons," says that able philosopher of Masonry, "are deluded by the +vague supposition that our mysteries are merely nominal; that the +practices established among us are frivolous, and that our ceremonies may +be adopted, or waived at pleasure. On this false foundation, we find them +hurrying through all the degrees of the Order, without adverting to the +propriety of one step they pursue, or possessing a single qualification +requisite for advancement. Passing through the usual formalities, they +consider themselves entitled to rank as masters of the art, solicit and +accept offices, and assume the government of the lodge, equally +unacquainted with the rules of the institution they pretend to support, or +the nature of the trust they engage to perform. The consequence is +obvious; anarchy and confusion ensue, and the substance is lost in the +shadow. Hence men eminent for ability, rank, and fortune, are often led to +view the honors of Masonry with such indifference, that when their +patronage is solicited, they either accept offices with reluctance, or +reject them with disdain."[76] + +Let, then, no lodge which values its own usefulness, or the character of +our institution, admit any candidate to a higher degree, until he has made +suitable proficiency in the preceding one, to be always tested by a strict +examination in open lodge. Nor can it do so, without a palpable violation +of the laws of Masonry. + + + +Section X. + +_Of Balloting for Candidates in each Degree._ + + +Although there is no law, in the Ancient Constitutions, which in express +words requires a ballot for candidates in each degree, yet the whole tenor +and spirit of these constitutions seem to indicate that there should be +recourse to such a ballot. The constant reference, in the numerous +passages which were cited in the preceding Section, to the necessity of +an examination into the proficiency of those who sought advancement, would +necessarily appear to imply that a vote of the lodge must be taken on the +question of this proficiency. Accordingly, modern Grand Lodges have +generally, by special enactment, required a ballot to be taken on the +application of an Apprentice or Fellow Craft for advancement, and where no +such regulation has been explicitly laid down, the almost constant usage +of the craft has been in favor of such ballot. + +The Ancient Constitutions having been silent on the subject of the letter +of the law, local usage or regulations must necessarily supply the +specific rule. + +Where not otherwise provided by the Constitutions of a Grand Lodge or the +bye-laws of a subordinate lodge, analogy would instruct us that the +ballot, on the application of Apprentices or Fellow Crafts for +advancement, should be governed by the same principles that regulate the +ballot on petitions for initiation. + +Of course, then, the vote should be unanimous: for I see no reason why a +lodge of Fellow Crafts should be less guarded in its admission of +Apprentices, than a lodge of Apprentices is in its admission of profanes. + +Again, the ballot should take place at a stated meeting, so that every +member may have "due and timely notice," and be prepared to exercise his +"inherent privilege" of granting or withholding his consent; for it must +be remembered that the man who was worthy or supposed to be so, when +initiated as an Entered Apprentice, may prove to be unworthy when he +applies to pass as a Fellow Graft, and every member should, therefore, +have the means and opportunity of passing his judgment on that worthiness +or unworthiness. + +If the candidate for advancement has been rejected once, he may again +apply, if there is no local regulation to the contrary. But, in such a +case, due notice should be given to all the members, which is best done by +making the application at one regular meeting, and voting for it on the +next. This, however, I suppose to be only necessary in the case of a +renewed application after a rejection. An Entered Apprentice or a Fellow +Craft is entitled after due probation to make his application for +advancement; and his first application may be balloted for on the same +evening, provided it be a regular meeting of the lodge. The members are +supposed to know what work is before them to do, and should be there to +do it. + +But the case is otherwise whenever a candidate for advancement has been +rejected. He has now been set aside by the lodge, and no time is laid down +in the regulations or usages of the craft for his making a second +application. He may never do so, or he may in three months, in a year, or +in five years. The members are, therefore, no more prepared to expect this +renewed application at any particular meeting of the lodge, than they are +to anticipate any entirely new petition of a profane. If, therefore, the +second application is not made at one regular meeting and laid over to the +next, the possibility is that the lodge may be taken by surprise, and in +the words of the old Regulation, "a turbulent member may be imposed on +it." + +The inexpediency of any other course may be readily seen, from a +suppositions case. We will assume that in a certain lodge, A, who is a +Fellow Craft, applies regularly for advancement to the third degree. On +this occasion, for good and sufficient reasons, two of the members, B and +C, express their dissent by depositing black balls. His application to be +raised is consequently rejected, and he remains a Fellow Graft. Two or +three meetings of the lodge pass over, and at each, B and C are present; +but, at the fourth meeting, circumstances compel their absence, and the +friends of A, taking advantage of that occurrence, again propose him for +advancement; the ballot is forthwith taken, and he is elected and raised +on the same evening. The injustice of this course to B and C, and the evil +to the lodge and the whole fraternity, in this imposition of one who is +probably an unworthy person, will be apparent to every intelligent and +right-minded Mason. + +I do not, however, believe that a candidate should be rejected, on his +application for advancement, in consequence of objections to his moral +worth and character. In such a case, the proper course would be to prefer +charges, to try him as an Apprentice or Fellow Craft; and, if found +guilty, to suspend, expel, or otherwise appropriately punish him. The +applicant as well as the Order is, in such a case, entitled to a fair +trial. Want of proficiency, or a mental or physical disqualification +acquired since the reception of the preceding degree, is alone a +legitimate cause for an estoppal of advancement by the ballot. But this +subject will be treated of further in the chapter on the rights of Entered +Apprentices. + + + +Section XI. + +_Of the Number to be Initiated at one Communication._ + + +The fourth General Regulation decrees that "no Lodge shall make more than +five new Brothers at one time." This regulation has been universally +interpreted (and with great propriety) to mean that not more than five +degrees can be conferred at the same communication. + +This regulation is, however, subject to dispensation by the Grand Master, +or Presiding Grand Officer, in which case the number to be initiated, +passed, or raised, will be restricted only by the words of the +dispensation. + +The following, or fifth General Regulation, says that "no man can be made +or admitted a member of a particular lodge, without previous notice, one +month before, given to the same lodge." + +Now, as a profane cannot be admitted an Entered Apprentice, or in other +words, a member of an Entered Apprentices' lodge, unless after one month's +notice, so it follows that an Apprentice cannot be admitted a member of a +Fellow Crafts' lodge, nor a Fellow Craft of a Masters', without the like +probation. For the words of the regulation which apply to one, will +equally apply to the others. And hence we derive the law, that a month at +least must always intervene between the reception of one degree and the +advancement to another. But this rule is also subject to a dispensation. + + + +Section XII. + +_Of Finishing the Candidates of one Lodge in another._ + + +It is an ancient and universal regulation, that no lodge shall interfere +with the work of another by initiating its candidates, or passing or +raising its Apprentices and Fellow Crafts. Every lodge is supposed to be +competent to manage its own business, and ought to be the best judge of +the qualifications of its own members, and hence it would be highly +improper in any lodge to confer a degree on a Brother who is not of its +household. + +This regulation is derived from a provision in the Ancient Charges, which +have very properly been supposed to contain the fundamental law of +Masonry, and which prescribes the principle of the rule in the following +symbolical language: + +"None shall discover envy at the prosperity of a Brother, nor supplant him +or put him out of his work, if he be capable to finish the same; for no +man can finish another's work, so much to the Lord's profit, unless he be +thoroughly acquainted with the designs and draughts of him that began it." + +There is, however, a case in which one lodge may, by consent, legally +finish the work of another. Let us suppose that a candidate has been +initiated in a lodge at A----, and, before he receives his second degree, +removes to B----, and that being, by the urgency of his business, unable +either to postpone his departure from A----, until he has been passed and +raised, or to return for the purpose of his receiving his second and third +degrees, then it is competent for the lodge at A---- to grant permission +to the lodge at B---- to confer them on the candidate. + +But how shall this permission be given--by a unanimous vote, or merely by +a vote of the majority of the members at A----? Here it seems to me that, +so far as regards the lodge at A----, the reasons for unanimity no longer +exist. There is here no danger that a "fractious member will be imposed on +them," as the candidate, when finished, will become a member of the lodge +at B----. The question of consent is simply in the nature of a +resolution, and may be determined by the assenting votes of a majority of +the members at A---. It is, however, to be understood, that if any Brother +believes that the candidate is unworthy, from character, of further +advancement, he may suspend the question of consent, by preferring charges +against him. If this is not done, and the consent of the lodge is +obtained, that the candidate may apply to the lodge at B---, then when his +petition is read in that lodge, it must, of course, pass through the usual +ordeal of a month's probation, and a unanimous vote; for here the old +reasons for unanimity once more prevail. + +I know of no ancient written law upon this subject, but it seems to me +that the course I have described is the only one that could be suggested +by analogy and common sense. + + + +Section XIII. + +_Of the Initiation of Non-residents._ + + +The subject of this section is naturally divided into two +branches:--First, as to the initiation by a lodge of a candidate, who, +residing in the same State or Grand Lodge jurisdiction, is still not an +inhabitant of the town in which the lodge to which he applies is +situated, but resides nearer to some other lodge; and, secondly, as to the +initiation of a stranger, whose residence is in another State, or under +the jurisdiction of another Grand Lodge. + +1. The first of these divisions presents a question which is easily +answered. Although I can find no ancient regulation on this subject, +still, by the concurrent authority of all Grand Lodges in this country, at +least, (for the Grand Lodge of England has no such provision in its +Constitution,) every lodge is forbidden to initiate any person whose +residence is nearer to any other lodge. If, however, such an initiation +should take place, although the lodge would be censurable for its +violation of the regulations of its superior, yet there has never been any +doubt that the initiation would be good and the candidate so admitted +regularly made. The punishment must fall upon the lodge and not upon the +newly-made Brother. + +2. The second division presents a more embarrassing inquiry, on account of +the diversity of opinions which have been entertained on the subject. Can +a lodge in one State, or Grand Lodge jurisdiction, initiate the resident +of another State, and would such initiation be lawful, and the person so +initiated a regular Mason, or, to use the technical language of the Order, +a Mason made "in due form," and entitled to all the rights and privileges +of the Order? + +The question is one of considerable difficulty; it has given occasion to +much controversy, and has been warmly discussed within the last few years +by several of the Grand Lodges of the United States. + +In 1847, the Grand Lodge of Alabama adopted the following regulation, +which had been previously enacted by the Grand Lodge of Tennessee: + +"Any person residing within the jurisdiction of this Grand Lodge, who has +already, or shall hereafter, travel into any foreign jurisdiction, and +there receive the degrees of Masonry, such person shall not be entitled to +the rights, benefits, and privileges of Masonry within this jurisdiction, +until he shall have been regularly admitted a member of the subordinate +lodge under this Grand Lodge, nearest which he at the time resides, in the +manner provided by the Constitution of this Grand Lodge for the admission +of members." + +The rule adopted by the Grand Lodge of Maryland is still more stringent. +It declares, "that if any individual, from selfish motives, from distrust +of his acceptance, or other causes originating in himself, knowingly and +willfully travel into another jurisdiction, and there receive the masonic +degrees, he shall be considered and held as a clandestine made Mason." + +The Grand Lodge of New York, especially, has opposed these regulations, +inflicting a penalty on the initiate, and assigns its reasons for the +opposition in the following language: + +"Before a man becomes a Mason, he is subject to no law which any Grand +Lodge can enact. No Grand Lodge has a right to make a law to compel any +citizen, who desires, to be initiated in a particular lodge, or in the +town or State of his residence; neither can any Grand Lodge forbid a +citizen to go where he pleases to seek acceptance into fellowship with the +craft; and where there is no right to compel or to forbid, there can be no +right to punish; but it will be observed, that the laws referred to were +enacted to punish the citizens of Maryland and Alabama, as Masons and +Brethren, for doing something before they were Masons and Brethren, which +they had a perfect right to do as citizens and freemen; and it must +certainly be regarded as an act of deception and treachery by a young +Mason, on returning home, to be told, that he is 'a clandestine Mason,' +that he 'ought to be expelled,' or, that he cannot be recognized as a +Brother till he 'joins a lodge where his residence is,' because he was +initiated in New York, in England, or in France, after having heard all +his life of the universality and oneness of the institution."[77] + +It seems to us that the Grand Lodge of New York has taken the proper view +of the subject; although we confess that we are not satisfied with the +whole course of reasoning by which it has arrived at the conclusion. +Whatever we may be inclined to think of the inexpediency of making +transient persons (and we certainly do believe that it would be better +that the character and qualifications of every candidate should be +submitted to the inspection of his neighbors rather than to that of +strangers), however much we may condemn the carelessness and facility of a +lodge which is thus willing to initiate a stranger, without that due +examination of his character, which, of course, in the case of +non-residents, can seldom be obtained, we are obliged to admit that such +makings are legal--the person thus made cannot be called a clandestine +Mason, because he has been made in a legally constituted lodge--and as he +is a regular Mason, we know of no principle by which he can be refused +admission as a visitor into any lodge to which he applies. + +Masonry is universal in its character, and knows no distinction of nation +or of religion. Although each state or kingdom has its distinct Grand +Lodge, this is simply for purposes of convenience in carrying out the +principles of uniformity and subordination, which should prevail +throughout the masonic system. The jurisdiction of these bodies is +entirely of a masonic character, and is exercised only over the members of +the Order who have voluntarily contracted their allegiance. It cannot +affect the profane, who are, of course, beyond its pale. It is true, that +as soon as a candidate applies to a lodge for initiation, he begins to +come within the scope of masonic law. He has to submit to a prescribed +formula of application and entrance, long before he becomes a member of +the Order. But as this formula is universal in its operation, affecting +candidates who are to receive it and lodges which are to enforce it in all +places, it must have been derived from some universal authority. The +manner, therefore, in which a candidate is to be admitted, and the +preliminary qualifications which are requisite, are prescribed by the +landmarks, the general usage, and the ancient constitutions of the Order. +And as they have directed the _mode how_, they might also have prescribed +the _place where_, a man should be made a Mason. But they have done no +such thing. We cannot, after the most diligent search, find any +constitutional regulation of the craft, which refers to the initiation of +non-residents. The subject has been left untouched; and as the ancient and +universally acknowledged authorities of Masonry have neglected to +legislate on the subject, it is now too late for any modern and local +authority, like that of a Grand Lodge, to do so. + +A Grand Lodge may, it is true, forbid--as Missouri, South Carolina, +Georgia, and several other Grand Lodges have done--the initiation of +non-residents, within its own jurisdiction, because this is a local law +enacted by a local authority; but it cannot travel beyond its own +territory, and prescribe the same rule to another Grand Lodge, which may +not, in fact, be willing to adopt it. + +The conclusions, then, at which we arrive no this subject are these: The +ancient constitutions have prescribed no regulation on the subject of the +initiation of non-residents; it is, therefore, optional with every Grand +Lodge, whether it will or will not suffer such candidates to be made +within its own jurisdiction; the making, where it is permitted, is legal, +and the candidate so made becomes a regular Mason, and is entitled to the +right of visitation. + +What, then, is the remedy, where a person of bad character, and having, in +the language of the Grand Lodge of Maryland, "a distrust of his +acceptance" at home, goes abroad and receives the degrees of Masonry? No +one will deny that such a state of things is productive of great evil to +the craft. Fortunately, the remedy is simple and easily applied. Let the +lodge, into whose jurisdiction he has returned, exercise its power of +discipline, and if his character and conduct deserve the punishment, let +him be expelled from the Order. If he is unworthy of remaining in the +Order, he should be removed from it at once; but if he is worthy of +continuing in it, there certainly can be no objection to his making use of +his right to visit. + + + + +Chapter II. + +Of the Rights of Entered Apprentices. + + + +In an inquiry into the rights of Entered Apprentices, we shall not be much +assisted by the Ancient Constitutions, which, leaving the subject in the +position in which usage had established it, are silent in relation to what +is the rule. In all such cases, we must, as I have frequently remarked +before, in settling the law, have recourse to analogy, to the general +principles of equity, and the dictates of common sense, and, with these +three as our guides, we shall find but little difficulty in coming to a +right conclusion. + +At present, an Entered Apprentice is not considered a member of the Lodge, +which privilege is only extended to Master Masons. This was not formerly +the case. Then the Master's degree was not as indiscriminately conferred +as it is now. A longer probation and greater mental or moral +qualifications were required to entitle a candidate to this sublime +dignity. None were called Master Masons but such as had presided over +their Lodges, and the office of Wardens was filled by Fellow Crafts. +Entered Apprentices, as well as Fellow Crafts, were permitted to attend +the communications of the Grand Lodge, and express their opinions; and, in +1718, it was enacted that every new regulation, proposed in the Grand +Lodge, should be submitted to the consideration of even the youngest +Entered Apprentice. Brethren of this degree composed, in fact, at that +time, the great body of the craft. But, all these things have, since, by +the gradual improvement of our organization, undergone many alterations; +and Entered Apprentices seem now, by universal consent, to be restricted +to a very few rights. They have the right of sitting in all lodges of +their degree, of receiving all the instructions which appertain to it, but +not of speaking or voting, and, lastly, of offering themselves as +candidates for advancement, without the preparatory necessity of a formal +written petition. + +These being admitted to be the rights of an Entered Apprentice, few and +unimportant as they may be, they are as dear to him as those of a Master +Mason are to one who has been advanced to that degree; and he is, and +ought to be, as firmly secured in their possession. Therefore, as no Mason +can be deprived of his rights and privileges, except after a fair and +impartial trial, and the verdict of his peers, it is clear that the +Entered Apprentice cannot be divested of these rights without just such a +trial and verdict. + +But, in the next place, we are to inquire whether the privilege of being +passed as a Fellow Craft is to be enumerated among these rights? And, we +clearly answer, No. The Entered Apprentice has the right of making the +application. Herein he differs from a profane, who has no such right of +application until he has qualified himself for making it, by becoming an +Entered Apprentice. But, if the application is granted, it is _ex gratia_, +or, by the favour of the lodge, which may withhold it, if it pleases. If +such were not the case, the lodge would possess no free will on the +subject of advancing candidates; and the rule requiring a probation and an +examination, before passing, would be useless and absurd--because, the +neglect of improvement or the want of competency would be attended with no +penalty. + +It seems to me, then, that, when an Apprentice applies for his second +degree, the lodge may, if it thinks proper, refuse to grant it; and that +it may express that refusal by a ballot. No trial is necessary, because no +rights of the candidate are affected. He is, by a rejection of his +request, left in the same position that he formerly occupied. He is still +an Entered Apprentice, in good standing; and the lodge may, at any time it +thinks proper, reverse its decision and proceed to pass him. + +If, however, he is specifically charged with any offense against the laws +of Masonry, it would then be necessary to give him a trial. Witnesses +should be heard, both for and against him, and he should be permitted to +make his defense. The opinion of the lodge should be taken, as in all +other cases of trial, and, according to the verdict, he should be +suspended, expelled, or otherwise punished. + +The effect of these two methods of proceeding is very different. When, by +a ballot, the lodge refuses to advance an Entered Apprentice, there is +not, necessarily, any stigma on his moral character. It may be, that the +refusal is based on the ground that he has not made sufficient proficiency +to entitle him to pass. Consequently, his standing as an Entered +Apprentice is not at all affected. His rights remain the same. He may +still sit in the lodge when it is opened in his degree; he may still +receive instructions in that degree; converse with Masons on masonic +subjects which are not beyond his standing; and again apply to the lodge +for permission to pass as a Fellow Craft. + +But, if he be tried on a specific charge, and be suspended or expelled, +his moral character is affected. His masonic rights are forfeited; and he +can no longer be considered as an Entered Apprentice in good standing. He +will not be permitted to sit in his lodge, to receive masonic instruction, +or to converse with Masons on masonic subjects; nor can he again apply for +advancement until the suspension or expulsion is removed by the +spontaneous action of the lodge. + +These two proceedings work differently in another respect. The Grand Lodge +will not interfere with a subordinate lodge in compelling it to pass an +Entered Apprentice; because every lodge is supposed to be competent to +finish, in its own time, and its own way, the work that it has begun. But, +as the old regulations, as well as the general consent of the craft, admit +that the Grand Lodge alone can expel from the rights and privileges of +Masonry, and that an expulsion by a subordinate lodge is inoperative until +it is confirmed by the Grand Lodge, it follows that the expulsion of the +Apprentice must be confirmed by that body; and that, therefore, he has a +right to appeal to it for a reversal of the sentence, if it was unjustly +pronounced. + +Let it not be said that this would be placing an Apprentice on too great +an equality with Master Masons. His rights are dear to him; he has paid +for them. No man would become an Apprentice unless he expected, in time, +to be made a Fellow Craft, and then a Master. He is, therefore, morally +and legally wronged when he is deprived, without sufficient cause, of the +capacity of fulfilling that expectation. It is the duty of the Grand Lodge +to see that not even the humblest member of the craft shall have his +rights unjustly invaded; and it is therefore bound, as the conservator of +the rights of all, to inquire into the truth, and administer equity. +Whenever, therefore, even an Entered Apprentice complains that he has met +with injustice and oppression, his complaint should be investigated and +justice administered. + +The question next occurs--What number of black balls should prevent an +Apprentice from passing to the second degree? I answer, the same number +that would reject the application of a profane for initiation into the +Order. And why should this not be so? Are the qualifications which would +be required of one applying, for the first time, for admission to the +degree of an Apprentice more than would subsequently be required of the +same person on his applying for a greater favor and a higher honor--that +of being advanced to the second degree? Or do the requisitions, which +exist in the earlier stages of Masonry, become less and less with every +step of the aspirant's progress? Viewing the question in this light--and, +indeed, I know of no other in which to view it--it seems to me to be +perfectly evident that the peculiar constitution and principles of our +Order will require unanimity in the election of a profane for initiation, +of an Apprentice for a Fellow Craft, and of a Fellow Craft for a Master +Mason; and that, while no Entered Apprentice can be expelled from the +Order, except by due course of trial, it is competent for the lodge, at +any time, on a ballot, to refuse to advance him to the second degree. But, +let it be remembered that the lodge which refuses to pass an Apprentice, +on account of any objections to his moral character, or doubts of his +worthiness, is bound to give him the advantage of a trial, and at once to +expel him, if guilty, or, if innocent, to advance him when otherwise +qualified. + + + + +Chapter III. + +Of the Rights of Fellow Crafts. + + + +In ancient times there were undoubtedly many rights attached to the second +degree which have now become obsolete or been repealed; for formerly the +great body of the fraternity were Fellow Crafts, and according to the old +charges, even the Grand Master might be elected from among them. The +Master and Wardens of Subordinate Lodges always were. Thus we are told +that no Brother can be Grand Master, "unless he has been a Fellow Craft +before his election," and in the ancient manner of constituting a lodge, +contained in the Book of Constitutions,[78] it is said that "the +candidates, or the new Master and Wardens, being yet among the Fellow +Crafts, the Grand Master shall ask his Deputy if he has examined them," +etc. But now that the great body of the Fraternity consists of Master +Masons, the prerogatives of Fellow Crafts are circumscribed within limits +nearly as narrow as those of Entered Apprentices. While, however, +Apprentices are not permitted to speak or vote, in ancient times, and up, +indeed, to a very late date. Fellow Crafts were entitled to take a part in +any discussion in which the lodge, while open in the first or second +degree, might engage, but not to vote. This privilege is expressly stated +by Preston, as appertaining to a Fellow Craft, in his charge to a +candidate, receiving that degree. + +"As a Craftsman, in our private assemblies you may offer your sentiments +and opinions on such subjects as are regularly introduced in the Lecture, +under the superintendence of an experienced Master, who will guard the +landmark against encroachment."[79] + +This privilege is not now, however, granted in this country to Fellow +Crafts. All, therefore, that has been said in the preceding chapter, of +the rights of Entered Apprentices, will equally apply, _mutatis mutandis_, +to the rights of Fellow Crafts. + + + + +Chapter IV. + +Of the Rights of Master Masons. + + + +When a Mason has reached the third degree, he becomes entitled to all the +rights and privileges of Ancient Craft Masonry. These rights are extensive +and complicated; and, like his duties, which are equally as extensive, +require a careful examination, thoroughly to comprehend them. Four of +them, at least, are of so much importance as to demand a distinct +consideration. These are the rights of membership, of visitation, of +relief, and of burial. To each I shall devote a separate section. + + + +Section I. + +_Of the Right of Membership._ + + +The whole spirit and tenor of the General Regulations, as well as the +uniform usage of the craft, sustain the doctrine, that when a Mason is +initiated in a lodge, he has the right, by signing the bye-laws, to +become a member without the necessity of submitting to another ballot. In +the Constitutions of the Grand Lodge of New York, this principle is +asserted to be one of the ancient landmarks, and is announced in the +following words: "Initiation makes a man a Mason; but he must receive the +Master's degree, and sign the bye-laws before he becomes a member of the +lodge."[80] If the doctrine be not exactly a landmark (which I confess I +am not quite prepared to admit), it comes to us almost clothed with the +authority of one, from the sanction of universal and uninterrupted usage. + +How long before he loses this right by a _non-user_, or neglect to avail +himself of it, is, I presume, a question to be settled by local authority. +A lodge, or a Grand Lodge, may affix the period according to its +discretion; but the general custom is, to require a signature of the +bye-laws, and a consequent enrollment in the lodge, within three months +after receiving the third degree. Should a Mason neglect to avail himself +of his privilege, he forfeits it (unless, upon sufficient cause, he is +excused by the lodge), and must submit to a ballot. + +The reason for such a law is evident. If a Mason does not at once unite +himself with the lodge in which he was raised, but permits an extended +period of time to elapse, there is no certainty that his character or +habits may not have changed, and that he may not have become, since his +initiation, unworthy of affiliation. Under the general law, it is, +therefore, necessary that he should in such case submit to the usual +probation of one month, and an investigation of his qualifications by a +committee, as well as a ballot by the members. + +But there are other privileges also connected with this right of +membership. A profane is required to apply for initiation to the lodge +nearest his place of residence, and, if there rejected, can never in +future apply to any other lodge. But the rule is different with respect to +the application of a Master Mason for membership. + +A Master Mason is not restricted in his privilege of application for +membership within any geographical limits. All that is required of him is, +that he should be an affiliated Mason; that is, that he should be a +contributing member of a lodge, without any reference to its peculiar +locality, whether near to or distant from his place of residence. The Old +Charges simply prescribe, that every Mason ought to belong to a lodge. A +Mason, therefore, strictly complies with this regulation, when he unites +himself with any lodge, thus contributing to the support of the +institution, and is then entitled to all the privileges of an affiliated +Mason. + +A rejection of the application of a Master Mason for membership by a lodge +does not deprive him of the right of applying to another. A Mason is in +"good standing" until deprived of that character by the action of some +competent masonic authority; and that action can only be by suspension or +expulsion. Rejection does not, therefore, affect the "good standing" of +the applicant; for in a rejection there is no legal form of trial, and +consequently the rejected Brother remains in the same position after as +before his rejection. He possesses the same rights as before, unimpaired +and undiminished; and among these rights is that of applying for +membership to any lodge that he may select. + +If, then, a Mason may be a member of a lodge distant from his place of +residence, and, perhaps, even situated in a different jurisdiction, the +question then arises whether the lodge within whose precincts he resides, +but of which he is not a member, can exercise its discipline over him +should he commit any offense requiring masonic punishment. On this subject +there is, among masonic writers, a difference of opinion. I, however, +agree with Brother Pike, the able Chairman of the Committee of +Correspondence of Arkansas, that the lodge can exercise such discipline. I +contend that a Mason is amenable for his conduct not only to the lodge of +which he may be a member, but also to any one within whose jurisdiction he +permanently resides. A lodge is the conservator of the purity and the +protector of the integrity of the Order within its precincts. The unworthy +conduct of a Mason, living as it were immediately under its government, is +calculated most injuriously to affect that purity and integrity. A lodge, +therefore, should not be deprived of the power of coercing such unworthy +Mason, and, by salutary punishment, of vindicating the character of the +institution. Let us suppose, by way of example, that a Mason living in San +Francisco, California, but retaining his membership in New York, behaves +in such an immoral and indecorous manner as to bring the greatest +discredit upon the Order, and to materially injure it in the estimation of +the uninitiated community. Will it be, for a moment, contended that a +lodge in San Francisco cannot arrest the evil by bringing the unworthy +Mason under discipline, and even ejecting him from the fraternity, if +severity like that is necessary for the protection of the institution? Or +will it be contended that redress can only be sought through the delay and +uncertainty of an appeal to his lodge in New York? Even if the words of +the ancient laws are silent on this subject, reason and justice would seem +to maintain the propriety and expediency of the doctrine that the lodge at +San Francisco is amply competent to extend its jurisdiction and exercise +its discipline over the culprit. + +In respect to the number of votes necessary to admit a Master Mason +applying by petition for membership in a lodge, there can be no doubt that +he must submit to precisely the same conditions as those prescribed to a +profane on his petition for initiation. There is no room for argument +here, for the General Regulations are express on this subject. + +"No man can be made or _admitted a member_ of a particular lodge," says +the fifth regulation, "without previous notice one month before given to +the said lodge." + +And the sixth regulation adds, that "no man can be entered a Brother in +any particular lodge, or _admitted to be a member_ thereof, without the +unanimous consent of all the members of that lodge then present." + +So that it may be considered as settled law, so far as the General +Regulations can settle a law of Masonry, that a Master Mason can only be +admitted a member of a lodge when applying by petition, after a month's +probation, after due inquiry into his character, and after a unanimous +ballot in his favor. + +But there are other rights of Master Masons consequent upon membership, +which remain to be considered. In uniting with a lodge, a Master Mason +becomes a participant of all its interests, and is entitled to speak and +vote upon all subjects that come before the lodge for investigation. He is +also entitled, if duly elected by his fellows, to hold any office in the +lodge, except that of Master, for which he must be qualified by previously +having occupied the post of a Warden. + +A Master has the right in all cases of an appeal from the decision of the +Master or of the lodge. + +A Master Mason, in good standing, has a right at any time to demand from +his lodge a certificate to that effect. + +Whatever other rights may appertain to Master Masons will be the subjects +of separate sections. + + + +Section II. + +_Of the Right of Visit._ + + +Every Master Mason, who is an affiliated member of a lodge, has the right +to visit any other lodge as often as he may desire to do so. This right is +secured to him by the ancient regulations, and is, therefore, +irreversible. In the "Ancient Charges at the Constitution of a Lodge," +formerly contained in a MS. of the Lodge of Antiquity in London, and whose +date is not later than 1688,[81]it is directed "that every Mason receive +and cherish strange fellows when they come over the country, and set them +on work, if they will work as the manner is; that is to say, if the Mason +have any mould stone in his place, he shall give him a mould stone, and +set him on work; and if he have none, the Mason shall refresh him with +money unto the next lodge." + +This regulation is explicit. It not only infers the right of visit, but +it declares that the strange Brother shall be welcomed, "received, and +cherished," and "set on work," that is, permitted to participate in the +work of your lodge. Its provisions are equally applicable to Brethren +residing in the place where the lodge is situated as to transient +Brethren, provided that they are affiliated Masons. + +In the year 1819, the law was in England authoritatively settled by a +decree of the Grand Lodge. A complaint had been preferred against a lodge +in London, for having refused admission to some Brethren who were well +known to them, alleging that as the lodge was about to initiate a +candidate, no visitor could be admitted until that ceremony was concluded. +It was then declared, "that it is the undoubted right of every Mason who +is well known, or properly vouched, to visit any lodge during the time it +is opened for general masonic business, observing the proper forms to be +attended to on such occasions, and so that the Master may not be +interrupted in the performance of his duty."[82] + +A lodge, when not opened for "general masonic business," but when engaged +in the consideration of matters which interest the lodge alone, and which +it would be inexpedient or indelicate to make public, may refuse to admit +a visitor. Lodges engaged in this way, in private business, from which +visitors are excluded, are said by the French Masons to be opened "_en +famille_." + +To entitle him to this right of visit, a Mason must be affiliated, that +is, he must be a contributing member of some lodge. This doctrine is thus +laid down in the Constitutions of the Grand Lodge of England: + +"A Brother who is not a subscribing member to some lodge, shall not be +permitted to visit any one lodge in the town or place in which he resides, +more than once during his secession from the craft." + +A non-subscribing or unaffiliated Mason is permitted to visit each lodge +once, and once only, because it is supposed that this visit is made for +the purpose of enabling him to make a selection of the one with which he +may prefer permanently to unite. But, afterwards, he loses this right of +visit, to discountenance those Brethren who wish to continue members of +the Order, and to partake of its pleasures and advantages, without +contributing to its support. + +A Master Mason is not entitled to visit a lodge, unless he previously +submits to an examination, or is personally vouched for by a competent +Brother present; but this is a subject of so much importance as to claim +consideration in a distinct section. + +Another regulation is, that a strange Brother shall furnish the lodge he +intends to visit with a certificate of his good standing in the lodge from +which he last hailed. This regulation has, in late years, given rise to +much discussion. Many of the Grand Lodges of this country, and several +masonic writers, strenuously contend for its antiquity and necessity, +while others as positively assert that it is a modern innovation upon +ancient usage. + +There can, however, I think, be no doubt of the antiquity of certificates. +That the system requiring them was in force nearly two hundred years ago, +at least, will be evident from the third of the Regulations made in +General Assembly, December 27, 1663, under the Grand Mastership of the +Earl of St. Albans,[83] and which is in the following words: + +"3. That no person hereafter who shall be accepted a Freemason, shall be +admitted into any lodge or assembly, until he has brought a certificate +of the time and place of his acceptation, from the lodge that accepted +him, unto the Master of that limit or division where such a lodge is +kept." This regulation has been reiterated on several occasions, by the +Grand Lodge of England in 1772, and at subsequent periods by several Grand +Lodges of this and other countries. It is not, however, in force in many +of the American jurisdictions. + +Another right connected with the right of visitation is, that of demanding +a sight of the Warrant of Constitution. This instrument it is, indeed, not +only the right but the duty of every strange visitor carefully to inspect, +before he enters a lodge, that he may thus satisfy himself of the legality +and regularity of its character and authority. On such a demand being made +by a visitor for a sight of its Warrant, every lodge is bound to comply +with the requisition, and produce the instrument. The same rule, of +course, applies to lodges under dispensation, whose Warrant of +Dispensation supplies the place of a Warrant of Constitution. + + + +Section III. + +_Of the Examination of Visitors._ + + +It has already been stated, in the preceding section, that a Master Mason +is not permitted to visit a lodge unless he previously submits to an +examination, or is personally vouched for by some competent Brother +present. The prerogative of vouching for a Brother is an important one, +and will constitute the subject of the succeeding section. At present let +us confine ourselves to the consideration of the mode of examining a +visitor. + +Every visitor, who offers himself to the appointed committee of the lodge +for examination, is expected, as a preliminary step, to submit to the +Tiler's Obligation; so called, because it is administered in the Tiler's +room. As this obligation forms no part of the secret ritual of the Order, +but is administered to every person before any lawful knowledge of his +being a Mason has been received, there can be nothing objectionable in +inserting it here, and in fact, it will be advantageous to have the +precise words of so important a declaration placed beyond the possibility +of change or omission by inexperienced Brethren. + +The oath, then, which is administered to the visitor, and which he may, if +he chooses, require every one present to take with him, is in the +following words + +"I, A. B., do hereby and hereon solemnly and sincerely swear, that I have +been regularly initiated, passed, and raised, to the sublime degree of a +Master Mason, in a just and legally constituted lodge of such, that I do +not now stand suspended or expelled, and know of no reason why I should +not hold masonic communication with my Brethren. + +This declaration having been given in the most solemn manner, the +examination must then be conducted with the necessary forms. The good old +rule of "commencing at the beginning" should be observed. Every question +is to be asked and every answer demanded which is necessary to convince +the examiner that the party examined is acquainted with what he ought to +know, to entitle him to the appellation of a Brother. Nothing is to be +taken for granted--categorical answers must be required to all that it is +deemed important to be asked. No forgetfulness is to be excused, nor is +the want of memory to be accepted as a valid excuse for the want of +knowledge. The Mason, who is so unmindful of his duties as to have +forgotten the instructions he has received, must pay the penalty of his +carelessness, and be deprived of his contemplated visit to that society +whose secret modes of recognition he has so little valued as not to have +treasured them in his memory. While there are some things which may be +safely passed over in the examination of one who confesses himself to be +"rusty," or but recently initiated, because they are details which require +much study to acquire, and constant practice to retain, there are still +other things of great importance which must be rigidly demanded, and with +the knowledge of which the examiner cannot, under any circumstances, +dispense. + +Should suspicions of imposture arise, let no expression of these +suspicions be made until the final decree for rejection is pronounced. And +let that decree be uttered in general terms, such as: "I am not +satisfied," or, "I do not recognize you," and not in more specific terms, +such as, "You did not answer this inquiry," or, "You are ignorant on that +point." The visitor is only entitled to know, generally, that he has not +complied with the requisitions of his examiner. To descend to particulars +is always improper and often dangerous. + +Above all, the examiner should never ask what are called "leading +questions," or such as include in themselves an indication of what the +answer is to be; nor should he in any manner aid the memory of the party +examined by the slightest hint. If he has it in him, it will come out +without assistance, and if he has it not, he is clearly entitled to no +aid. + +Lastly, never should an unjustifiable delicacy weaken the rigor of these +rules. Let it be remembered, that for the wisest and most evident reasons, +the merciful maxim of the law, which says, that it is better that +ninety-nine guilty men should escape than that one innocent man should be +punished, is with us reversed, and that in Masonry _it is better that +ninety and nine true men should be turned away from the door of a lodge +than that one cowan should be admitted_. + + + +Section IV. + +_Of Vouching for a Brother._ + + +An examination may sometimes be omitted when any competent Brother present +will vouch for the visitor's masonic standing and qualifications. This +prerogative of vouching is an important one which every Master Mason is +entitled, under certain restrictions, to exercise; but it is also one +which may so materially affect the well-being of the whole +fraternity--since by its injudicious use impostors might be introduced +among the faithful--that it should be controlled by the most stringent +regulations. + +To vouch for one, is to bear witness for him; and, in witnessing to truth, +every caution should be observed, lest falsehood should cunningly assume +its garb. The Brother who vouches should, therefore, know to a certainty +that the one for whom he vouches is really what he claims to be. He should +know this not from a casual conversation, nor a loose and careless +inquiry, but, as the unwritten law of the Order expresses it, from +"_strict trial, due examination, or lawful information_." + +Of strict trial and due examination I have already treated in the +preceding section; and it only remains to say, that when the vouching is +founded on the knowledge obtained in this way, it is absolutely necessary +that the Brother so vouching shall be _competent_ to conduct such an +examination, and that his general intelligence and shrewdness and his +knowledge of Masonry shall be such as to place him above the probability +of being imposed upon. The important and indispensable qualification of a +voucher is, therefore, that he shall be competent. The Master of a lodge +has no right to accept, without further inquiry, the avouchment of a +young and inexperienced, or even of an old, if ignorant, Mason. + +Lawful information, which is the remaining ground for an avouchment, may +be derived either from the declaration of another Brother, or from having +met the party vouched for in a lodge on some previous occasion. + +If the information is derived from another Brother, who states that he has +examined the party, then all that has already been said of the competency +of the one giving the information is equally applicable. The Brother, +giving the original information, must be competent to make a rigid +examination. Again, the person giving the information, the one receiving +it, and the one of whom it is given, should be all present at the time; +for otherwise there would be no certainty of identity. Information, +therefore, given by letter or through a third party, is highly irregular. +The information must also be positive, not founded on belief or opinion, +but derived from a legitimate source. And, lastly, it must not have been +received casually, but for the very purpose of being used for masonic +purposes. For one to say to another in the course of a desultory +conversation: "A.B. is a Mason," is not sufficient. He may not be +speaking with due caution, under the expectation that his words will be +considered of weight. He must say something to this effect: "I know this +man to be a Master Mason," for such or such reasons, and you may safely +recognize him as such. This alone will insure the necessary care and +proper observance of prudence. + +If the information given is on the ground that the person, vouched has +been seen sitting in a lodge by the voucher, care must be taken to inquire +if it was a "Lodge of Master Masons." A person may forget, from the lapse +of time, and vouch for a stranger as a Master Mason, when the lodge in +which he saw him was only opened in the first or second degree. + + + +Section V. + +_Of the Right of Claiming Relief._ + + +One of the great objects of our institution is, to afford relief to a +worthy, distressed Brother. In his want and destitution, the claim of a +Mason upon his Brethren is much greater than that of a profane. This is a +Christian as well as a masonic doctrine. "As we have therefore +opportunity," says St. Paul, "let us do good unto all men, especially +unto them who are of the household of faith." + +This claim for relief he may present either to a lodge or to a Brother +Mason. The rule, as well as the principles by which it is to be regulated, +is laid down in that fundamental law of Masonry, the Old Charges, in the +following explicit words, under the head of "Behavior towards a strange +Brother:" + +"You are cautiously to examine him, in such a method as prudence shall +direct you, that you may not be imposed upon by an ignorant, false +pretender, whom you are to reject with contempt and derision, and beware +of giving him any hints of knowledge. + +"But if you discover him to be a true and genuine Brother, you are to +respect him accordingly; and if he is in want, you must relieve him if you +can, or else direct him how he may be relieved. You must employ him some +days, or else recommend him to be employed. But you are not charged to do +beyond your ability, only to prefer a poor Brother, that is a good man and +true, before any other people in the same circumstances." + +This law thus laid down, includes, it will be perceived, as two important +prerequisites, on which to found a claim for relief, that the person +applying shall be in distress, and that he shall be worthy of assistance. + +He must be in distress. Ours is not an insurance company, a joint stock +association, in which, for a certain premium paid, an equivalent may be +demanded. No Mason, or no lodge, is bound to give pecuniary or other aid +to a Brother, unless he really needs. The word " benefit," as usually used +in the modern friendly societies, has no place in the vocabulary of +Freemasonry. If a wealthy Brother is afflicted with sorrow or sickness, we +are to strive to comfort him with our sympathy, our kindness, and our +attention, but we are to bestow our eleemosynary aid only on the indigent +or the destitute. + +He must also be worthy. There is no obligation on a Mason to relieve the +distresses, however real they may be, of an unworthy Brother. The claimant +must be, in the language of the Charge, "true and genuine." True here is +used in its good old Saxon meaning, of "faithful" or "trusty." A true +Mason is one who is mindful of his obligations, and who faithfully +observes and practices all his duties. Such a man, alone, can rightfully +claim the assistance of his Brethren. + +But a third provision is made in the fundamental law; namely, that the +assistance is not to be beyond the ability of the giver. One of the most +important landmarks, contained in our unwritten law, more definitely +announces this provision, by the words, that the aid and assistance shall +be without injury to oneself or his family. Masonry does not require that +we shall sacrifice our own welfare to that of a Brother; but that with +prudent liberality, and a just regard to our own worldly means, we shall +give of the means with which Providence may have blessed us for the relief +of our distressed Brethren. + +It is hardly necessary to say, that the claim for relief of a worthy +distressed Mason extends also to his immediate family. + + + +Section VI. + +_Of the Right of Masonic Burial._ + + +After a very careful examination, I can find nothing in the old charges or +General Regulations, nor in any other part of the fundamental law, in +relation to masonic burial of deceased Brethren. It is probable that, at +an early period, when the great body of the craft consisted of Entered +Apprentices, the usage permitted the burial of members, of the first or +second degree, with the honors of Masonry. As far back as 1754, +processions for the purpose of burying Masons seemed to have been +conducted by some of the lodges with either too much frequency, or some +other irregularity; for, in November of that year, the Grand Lodge adopted +a regulation, forbidding them, under a heavy penalty, unless by permission +of the Grand Master, or his Deputy.[84] As there were, comparatively +speaking, few Master Masons at that period, it seems a natural inference +that most of the funeral processions were for the burial of Apprentices, +or, at least, of Fellow Crafts. + +But the usage since then, has been greatly changed; and by universal +consent, the law, as first committed to writing, by Preston, who was the +author of our present funeral service, is now adopted. + +The Regulation, as laid down by Preston, is so explicit, that I prefer +giving it in his own words.[85] + +"No Mason can be interred with the formalities of the Order, unless it be +at his own special request, communicated to the Master of the Lodge of +which he died a member--foreigners and sojourners excepted; nor unless he +has been advanced to the third degree of Masonry, from which restriction +there can be no exception. Fellow Crafts or Apprentices are not entitled +to the funeral obsequies." + +This rule has been embodied in the modern Constitutions of the Grand Lodge +of England; and, as I have already observed, appears by universal consent +to have been adopted as the general usage. + +The necessity for a dispensation, which is also required by the modern +English Constitutions, does not seem to have met with the same general +approval, and in this country, dispensations for funeral processions are +not usually, if at all, required. Indeed, Preston himself, in explaining +the law, says that it was not intended to restrict the privileges of the +regular lodges, but that, "by the universal practice of Masons, every +regular lodge is authorized by the Constitution to act on such occasions +when limited to its own members."[86] It is only when members of other +lodges, not under the control of the Master, are convened, that a +dispensation is required. But in America, Grand Lodges or Grand Masters +have not generally interfered with the rights of the lodges to bury the +dead; the Master being of course amenable to the constituted authorities +for any indecorum or impropriety. + + + + +Chapter V. + +Of the Rights of Past Masters. + + + +I have already discussed the right of Past Masters to become members of a +Grand Lodge, in a preceding part of this work,[87] and have there arrived +at the conclusion that no such inherent right exists, and that a Grand +Lodge may or may not admit them to membership, according to its own notion +of expediency. Still the fact, that they are competent by their masonic +rank of accepting such a courtesy when extended, in itself constitutes a +prerogative; for none but Masters, Wardens, or Past Masters, can under any +circumstances become members of a Grand Lodge. + +Past Masters possess a few other positive rights. + +In the first place they have a right to install their successors, and at +all times subsequent to their installation to be present at the ceremony +of installing Masters of lodges. I should scarcely have deemed it +necessary to dwell upon so self-evident a proposition, were it not that it +involves the discussion of a question which has of late years been warmly +mooted in some jurisdictions, namely, whether this right of being present +at an installation should, or should not, be extended to Past Masters, +made in Royal Arch Chapters. + +In view of the fact, that there are two very different kinds of possessors +of the same degree, the Grand Lodge of England has long since +distinguished them as "virtual" and as "actual" Past Masters. The terms +are sufficiently explicit, and have the advantage of enabling us to avoid +circumlocution, and I shall, therefore, adopt them. + +An _actual Past Master_ is one who has been regularly installed to preside +over a symbolic lodge under the jurisdiction of a Grand Lodge. A _virtual +Past Master_ is one who has received the degree in a chapter, for the +purpose of qualifying him for exaltation to the Royal Arch. + +Now the question to be considered is this. Can a virtual Past Master be +permitted to be present at the installation of an actual Past Master? + +The Committee of Correspondence of New York, in 1851, announced the +doctrine, that a Chapter, or virtual Past Master, cannot legally install +the Master of a Symbolic Lodge; but that there is no rule forbidding his +being present at the ceremony. This doctrine has been accepted by several +Grand Lodges, while others again refuse to admit the presence of a virtual +Past Master at the installation-service. + +In South Carolina, for instance, by uninterrupted usage, virtual Past +Masters are excluded from the ceremony of installation. + +In Louisiana, under the high authority of the late Brother Gedge, it is +asserted, that "it is the bounden duty of all Grand Lodges to prevent the +possessors of the (chapter) degree from the exercise of any function +appertaining to the office and attributes of an installed Master of a +lodge of Symbolic Masonry, and refuse to recognize them as belonging to +the order of Past Masters."[88] + +Brother Albert Pike, whose opinion on masonic jurisprudence is entitled to +the most respectful consideration, has announced a similar doctrine in one +of his elaborate reports to the Grand Chapter of Arkansas. He does not +consider "that the Past Master's degree, conferred in a chapter, invests +the recipient with any rank or authority, except within the chapter +itself; that it no ways qualifies or authorizes him to preside in the +chair of a lodge: that a lodge has no legal means of knowing that he has +received the degree in a chapter: for it is not supposed to know anything +that takes place there any more than it knows what takes place in a Lodge +of Perfection, or a Chapter of Knights of the Rose Croix;" and, of course, +if the Past Masters of a lodge have no such "legal means" of recognition +of Chapter Masters, they cannot permit them to be present at an +installation. + +This is, in fact, no new doctrine. Preston, in his description of the +installation ceremony, says: "The new Master is then conducted to an +adjacent room, where he is regularly installed, and bound to his trust in +ancient form, in the presence of at least _three installed Masters_"[89] +And Dr. Oliver, in commenting on this passage, says, "this part of the +ceremony can only be orally communicated, nor can any but _installed_ +Masters be present."[90] + +And this rule appears to be founded on the principles of reason. There can +be no doubt, if we carefully examine the history of Masonry in this +country and in England, that the degree of Past Master was originally +conferred by Symbolic Lodges as an honorarium or reward bestowed upon +those Brethren who had been found worthy to occupy the Oriental Chair. In +so far it was only a degree of office, and could be obtained only from the +Lodge in which the office had been conferred. At a later period it was +deemed an essential prerequisite to exaltation in the degree of Royal +Arch, and was, for that purpose, conferred on candidates for that +position, while the Royal Arch degree was under the control of the +symbolic Lodges, but still only conferred by the Past Masters of the +Lodge. But subsequently, when the system of Royal Arch Masonry was greatly +enlarged and extended in this country, and chapters were organized +independent of the Grand and symbolic Lodges, these Chapters took with +them the Past Master's degree, and assumed the right of conferring it on +their candidates. Hence arose the anomaly which now exists in American +Masonry, of two degrees bearing the same name, and said to be almost +identical in character, conferred by two different bodies under entirely +different qualifications and for totally different purposes. As was to be +expected, when time had in some degree obliterated the details of history, +each party began to claim for itself the sovereign virtue of legitimacy. +The Past Masters of the Chapters denied the right of the Symbolic Lodges +to confer the degree, and the latter, in their turn, asserted that the +degree, as conferred in the Chapter, was an innovation. + +The prevalence of the former doctrine would, of course, tend to deprive +the Symbolic Lodges of a vested right held by them from the most ancient +times--that, namely, of conferring an honorarium on their Masters elect. + +On the whole, then, from this view of the surreptitious character of the +Chapter Degree, and supported by the high authority whom I have cited, as +well as by the best usage, I am constrained to believe that the true rule +is, to deny the Chapter, or Virtual Past Masters, the right to install, or +to be present at the installation of the Master of a Symbolic Lodge. A +Past Master may preside over a lodge in the absence of the Master, +provided he is invited to do so by the Senior Warden present. The Second +General Regulation gave the power of presiding, during the absence of the +Master, to the last Past Master present, after the lodge had been +congregated by the Senior Warden; but two years afterwards, the rule was +repealed, and the power of presiding in such cases was vested in the +Senior Warden. And accordingly, in this country, it has always been held, +that in the absence of the Master, his authority descends to the Senior +Warden, who may, however, by courtesy, offer the chair to a Past Master +present, after the lodge has been congregated. Some jurisdictions have +permitted a Past Master to preside in the absence of the Master and both +Wardens, provided he was a member of that lodge. But I confess that I can +find no warrant for this rule in any portion of our fundamental laws. The +power of congregating the lodge in the absence of the Master has always +been confined to the Wardens; and it therefore seems to me, that when both +the Master and Wardens are absent, although a Past Master may be present, +the lodge cannot be opened. + +A Past Master is eligible for election to the chair, without again passing +through the office of a Warden. + +He is also entitled to a seat in the East, and to wear a jewel and collar +peculiar to his dignity. + +By an ancient regulation, contained in the Old Charges, Past Masters alone +were eligible to the office of Grand Warden. The Deputy Grand Master was +also to be selected from among the Masters, or Past Masters of Lodges. No +such regulation was in existence as to the office of Grand Master, who +might be selected from the mass of the fraternity. At the present time, in +this country, it is usual to select the Grand officers from among the Past +Masters of the jurisdiction, though I know of no ancient law making such a +regulation obligatory, except in respect to the affairs of Grand Wardens +and Deputy Grand Master. + + + + +Chapter VI. + +Of Affiliation. + + + +Affiliation is defined to be the act by which a lodge receives a Mason +among its members. A profane is said to be "initiated," but a Mason is +"affiliated."[91] + +Now the mode in which a Mason becomes affiliated with a lodge, in some +respects differs from, and in others resembles, the mode in which a +profane is initiated. + +A Mason, desiring to be affiliated with a lodge, must apply by petition; +this petition must be referred to a committee for investigation of +character, he must remain in a state of probation for one month, and must +then submit to a ballot, in which unanimity will be required for his +admission. In all these respects, there is no difference in the modes of +regulating applications for initiation and affiliation. The Fifth and +Sixth General Regulations, upon which these usages are founded, draw no +distinction between the act of making a Mason and admitting a member. The +two processes are disjunctively connected in the language of both +regulations. "No man can be made, _or admitted a member_ * * * * without +previous notice one month before;" are the words of the Fifth Regulation. +And in a similar spirit the Sixth adds: "But no man can be entered a +Brother in any particular lodge, _or admitted to be a member_ thereof, +without the unanimous consent of all the members of that lodge." + +None but Master Masons are permitted to apply for affiliation; and every +Brother so applying must bring to the lodge to which he applies a +certificate of his regular dismission from the lodge of which he was last +a member. This document is now usually styled a "demit," and should +specify the good standing of the bearer at the time of his resignation or +demission. + +Under the regulations of the various Grand Lodges of this country, a +profane cannot, as has been already observed, apply for initiation in any +other lodge than the one nearest to his residence. No such regulation, +however, exists in relation to the application of a Mason for +affiliation. Having once been admitted into the Order, he has a right to +select the lodge with which he may desire to unite himself. He is not even +bound to affiliate with the lodge in which he was initiated, but after +being raised, may leave it, without signing the bye-laws, and attach +himself to another. + +A profane, having been rejected by a lodge, can never apply to any other +for initiation. But a Mason, having been rejected, on his application for +affiliation, by a lodge, is not thereby debarred from subsequently making +a similar application to any other. + +In some few jurisdictions a local regulation has of late years been +enacted, that no Mason shall belong to more than one lodge. It is, I +presume, competent for a Grand Lodge to enact such a regulation; but where +such enactment has not taken place, we must be governed by the ancient and +general principle. + +The General Regulations, adopted in 1721, contain no reference to this +case; but in a new regulation, adopted on the 19th February, 1723, it was +declared that "no Brother shall belong to more than one lodge within the +bills of mortality." This rule was, therefore, confined to the lodges in +the city of London, and did not affect the country lodges. Still, +restricted as it was in its operation, Anderson remarks, "this regulation +is neglected for several reasons, and now obsolete."[92] Custom now in +England and in other parts of Europe, as well as in some few portions of +this country, is adverse to the regulation; and where no local law exists +in a particular jurisdiction, I know of no principle of masonic +jurisprudence which forbids a Mason to affiliate himself with more than +one lodge. + +The only objection to it is one which must be urged, not by the Order, but +by the individual. It is, that his duties and his responsibilities are +thus multiplied, as well as his expenses. If he is willing to incur all +this additional weight in running his race of Masonry, it is not for +others to resist this exuberance of zeal. The Mason, however, who is +affiliated with more than one lodge, must remember that he is subject to +the independent jurisdiction of each; may for the same offense be tried in +each, and, although acquitted by all except one, that, if convicted by +that one, his conviction will, if he be suspended or expelled, work his +suspension or expulsion in all the others. + + + + +Chapter VII. + +Of Demitting. + + + +To demit from a lodge is to resign one's membership, on which occasion a +certificate of good standing and a release from all dues is given to the +applicant, which is technically called a _demit_. + +The right to demit or resign never has, until within a few years, been +denied. In 1853, the Grand Lodge of Connecticut adopted a regulation "that +no lodge should grant a demit to any of its members, except for the +purpose of joining some other lodge; and that no member shall be +considered as having withdrawn from one lodge until he has actually become +a member of another." Similar regulations have been either adopted or +proposed by a few other Grand Lodges, but I much doubt both their +expediency and their legality. This compulsory method of keeping Masons, +after they have once been made, seems to me to be as repugnant to the +voluntary character of our institution as would be a compulsory mode of +making them in the beginning. The expediency of such a regulation is also +highly questionable. Every candidate is required to come to our doors "of +his own free will and accord," and surely we should desire to keep none +among us after that free will is no longer felt. We are all familiar with +the Hudibrastic adage, that + + "A man convinced against his will, + Is of the same opinion still," + +and he who is no longer actuated by that ardent esteem for the institution +which would generate a wish to continue his membership, could scarcely +have his slumbering zeal awakened, or his coldness warmed by the bolts and +bars of a regulation that should keep him a reluctant prisoner within the +walls from which he would gladly escape. Masons with such dispositions we +can gladly spare from our ranks. + +The Ancient Charges, while they assert that every Mason should belong to a +lodge, affix no penalty for disobedience. No man can be compelled to +continue his union with a society, whether it be religious, political, or +social, any longer than will suit his own inclinations or sense of duty. +To interfere with this inalienable prerogative of a freeman would be an +infringement on private rights. A Mason's initiation was voluntary, and +his continuance in the Order must be equally so. + +But no man is entitled to a demit, unless at the time of demanding it he +be in good standing and free from all charges. If under charges for crime, +he must remain and abide his trial, or if in arrears, must pay up his +dues. + +There is, however, one case of demission for which a special law has been +enacted. That is, when several Brethren at the same time request demits +from a lodge. As this action is sometimes the result of pique or anger, +and as the withdrawal of several members at once might seriously impair +the prosperity, or perhaps even endanger the very existence of the lodge, +it has been expressly forbidden by the General Regulations, unless the +lodge has become too numerous for convenient working; and not even then is +permitted except by a Dispensation. The words of this law are to be found +in the Eighth General Regulation, as follows: + +"No set or number of Brethren shall withdraw or separate themselves from +the lodge in which they were made Brethren, or were afterwards admitted +members, unless the lodge becomes too numerous; nor even then, without a +dispensation from the Grand Master or his Deputy; and when they are thus +separated, they must either immediately join themselves to such other +lodge as they shall like best, with the unanimous consent of that other +lodge to which they go, or else they must obtain the Grand Master's +warrant to join in forming a new lodge." + +It seems, therefore, that, although a lodge cannot deny the right of a +single member to demit, when a sort of conspiracy may be supposed to be +formed, and several Brethren present their petitions for demits at one and +the same time, the lodge may not only refuse, but is bound to do so, +unless under a dispensation, which dispensation can only be given in the +case of an over-populous lodge. + +With these restrictions and qualifications, it cannot be doubted that +every Master Mason has a right to demit from his lodge at his own +pleasure. What will be the result upon himself, in his future relations to +the Order, of such demission, will constitute the subject of the +succeeding chapter. + + + + +Chapter VIII. + +Of Unaffiliated Masons. + + + +An unaffiliated Mason is one who is not connected by membership with any +lodge. There can be no doubt that such a position is contrary to the +spirit of our institution, and that affiliation is a duty obligatory on +every Mason. The Old Charges, which have been so often cited as the +fundamental law of Masonry, say on this subject: "every Brother ought to +belong to a lodge and to be subject to its bye-laws and the General +Regulations." + +Explicitly as this doctrine has been announced, it has been too little +observed, in consequence of no precise penalty having been annexed to its +violation. In all times, unaffiliated Masons have existed--Masons who have +withdrawn from all active participation in the duties and responsibilities +of the Order, and who, when in the hour of danger or distress, have not +hesitated to claim its protection or assistance, while they have refused +in the day of their prosperity to add anything to its wealth, its power, +or its influence. In this country, the anti-masonic persecutions of 1828, +and a few years subsequently, by causing the cessation of many lodges, +threw a vast number of Brethren out of all direct connection with the +institution; on the restoration of peace, and the renewal of labor by the +lodges, too many of these Brethren neglected to reunite themselves with +the craft, and thus remained unaffiliated. The habit, thus introduced, was +followed by others, until the sin of unaffiliation has at length arrived +at such a point of excess, as to have become a serious evil, and to have +attracted the attention and received the condemnation of almost every +Grand Lodge. + +A few Grand Lodges have denied the right of a Mason permanently to demit +from the Order. Texas, for instance, has declared that "it does not +recognize the right of a Mason to demit or separate himself from the lodge +in which he was made, or may afterwards be admitted, except for the +purpose of joining another lodge, or when he may be about to remove +without the jurisdiction of the lodge of which he may be a member."[93] A +few other Grand Lodges have adopted a similar regulation; but the +prevailing opinion of the authorities appears to be, that it is competent +to interfere with the right to demit, certain rights and prerogatives +being, however, lost by such demission. + +Arkansas, Missouri, Ohio, and one or two other Grand Lodges, while not +positively denying the right of demission, have at various times levied a +tax or contribution on the demitted or unaffiliated Masons within their +respective jurisdictions. This principle, however, has also failed to +obtain the general concurrence of other Grand Lodges, and some of them, as +Maryland, have openly denounced it. After a careful examination of the +authorities, I cannot deny to any man the _right_ of withdrawing, +whensoever he pleases, from a voluntary association--the laws of the land +would not sustain us in the enforcement of such a regulation; and our own +self-respect should prevent us from attempting it. If, then, he has a +right to withdraw, it clearly follows that we have no right to tax him, +which is only one mode of inflicting a fine or penalty for an act, the +right to do which we have acceded. In the strong language of the Committee +of Correspondence of Maryland:[94] "The object of Masonry never was to +extort, _nolens volens,_ money from its votaries. Such are not its +principles or teaching. The advocating such doctrines cannot advance the +interest or reputation of the institution; but will, as your committee +fear, do much to destroy its usefulness. Compulsive membership deprives it +of the title, _Free_ and Accepted." + +But as it is an undoubted precept of the Order that every Mason should +belong to a lodge, and contribute, so far as his means will allow, to the +support of the institution, and as, by his demission, for other than +temporary purposes, he violates the principles and disobeys the precepts +of the Order, it naturally follows that his withdrawal must place him in a +different position from that which he would occupy as an affiliated Mason. +It is now time for us to inquire what that new position is. + +We may say, then, that, whenever a Mason permanently withdraws his +membership, he at once, and while he continues unaffiliated, dissevers all +connection between himself and the _Lodge organization_ of the Order. He, +by this act, divests himself of all the rights and privileges which belong +to him as a member of that organization. Among these rights and privileges +are those of visitation, of pecuniary aid, and of masonic burial. +Whenever he approaches the door of a lodge, asking to enter or seeking for +assistance, he is to be met in the light of a profane. He may knock, but +the door must not be opened--he may ask, but he is not to receive. The +work of the lodge is not to be shared by those who have thrown aside their +aprons and their implements, and abandoned the labors of the Temple--the +funds of the lodge are to be distributed only among these who are aiding, +by their individual contributions, to the formation of similar funds in +other lodges. + +But from the well-known and universally-admitted maxim of "once a Mason, +and always a Mason," it follows that a demitted Brother cannot by such +demission divest himself of all his masonic responsibilities to his +Brethren, nor be deprived of their correlative responsibility to him. An +unaffiliated Mason is still bound by certain obligations, of which he +cannot, under any circumstances, divest himself, and by similar +obligations are the fraternity bound to him. These relate to the duties of +secrecy and of aid in the imminent hour of peril. Of the first of these +there can be no doubt; and as to the last, the words of the precept +directing it leaves us no option; nor is it a time when the G.H.S. of D. +is thrown out to inquire into the condition of the party. + +Speaking on this subject, Brother Albert Pike, in his report to the Grand +Lodge of Arkansas, says "if a person appeals to us as a Mason in imminent +peril, or such pressing need that we have not time to inquire into his +worthiness, then, lest we might refuse to relieve and aid a worthy +Brother, we must not stop to inquire _as to anything_." But I do not think +that the learned Brother has put the case in the strongest light. It is +not alone "lest we might refuse to relieve and aid a worthy Brother," that +we are in cases of "imminent peril" to make no pause for deliberation. But +it is because we are bound by our highest obligations at all times, and to +all Masons, to give that aid when _duly_ called for. + +I may, then, after this somewhat protracted discussion, briefly +recapitulate the position, the rights and the responsibilities of an +unaffiliated Mason as follows: + +1. An unaffiliated Mason is still bound by all his masonic duties and +obligations, excepting those connected with the organization of the lodge. + +2. He has a right to aid in imminent peril when _he asks for that aid in +the_ proper _and conventional way_. + +3. He loses the right to receive pecuniary relief. + +4. He loses the general right to visit[95] lodges, or to walk in masonic +processions. + +5. He loses the right of masonic burial. + +6. He still remains subject to the government of the Order, and may be +tried and punished for any offense as an affiliated Mason would be, by the +lodge within whose geographical jurisdiction he resides. + + + + + +Book Fourth. + +Of Masonic Crimes and Punishments. + + + + +Chapter I. + +Of What Are Masonic Crimes. + + + +The division of wrongs, by the writers on municipal law, into private and +public, or civil injuries and crimes and misdemeanors, does not apply to +the jurisprudence of Freemasonry. Here all wrongs are crimes, because they +are a violation of the precepts of the institution; and an offense against +an individual is punished, not so much because it is a breach of his +private rights, as because it affects the well-being of the whole masonic +community. + +In replying to the question, "what are masonic crimes?" by which is meant +what crimes are punishable by the constituted authorities, our safest +guide will be that fundamental law which is contained in the Old Charges. +These give a concise, but succinct summary of the duties of a Mason, and, +of course, whatever is a violation of any one of these duties will +constitute a masonic crime, and the perpetrator will be amenable to +masonic punishment. + +But before entering on the consideration of these penal offenses, it will +be well that we should relieve the labor of the task, by inquiring what +crimes or offenses are not supposed to come within the purview of masonic +jurisprudence. + +Religion and politics are subjects which it is well known are stringently +forbidden to be introduced into Masonry. And hence arises the doctrine, +that Masonry will not take congnizance of religious or political offenses. + +Heresy, for instance, is not a masonic crime. Masons are obliged to use +the words of the Old Charges, "to that religion in which all men agree, +leaving their particular opinions to themselves;" and, therefore, as long +as a Mason acknowledges his belief in the existence of one God, a lodge +can take no action on his peculiar opinions, however heterodox they may +be. + +In like manner, although all the most ancient and universally-received +precepts of the institution inculcate obedience to the civil powers, and +strictly forbid any mingling in plots or conspiracies against the peace +and welfare of the nation, yet no offense against the state, which is +simply political in its character, can be noticed by a lodge. On this +important subject, the Old Charges are remarkably explicit. They say, +putting perhaps the strongest case by way of exemplifying the principle, +"that if a Brother should be a rebel against the State, he is not to be +countenanced in his rebellion, however he may be pitied as an unhappy man; +and, if convicted of no other crime, though the loyal Brotherhood must and +ought to disown his rebellion, and give no umbrage or ground of political +jealousy to the government for the time being, _they cannot expel him from +the lodge, and his relation to it remains indefeasible_" + +The lodge can, therefore, take no cognizance of religious or political +offenses. + +The first charge says: "a Mason is obliged by his tenure to obey the moral +law." Now, although, in a theological sense, the ten commandments are said +to embrace and constitute the moral law, because they are its best +exponent, yet jurists have given to the term a more general latitude, in +defining the moral laws to be "the eternal, immutable laws of good and +evil, to which the Creator himself, in all dispensations, conforms, and +which he has enabled human reason to discover, so far as they are +necessary for the conduct of human actions."[96] Perhaps the well known +summary of Justinian will give the best idea of what this law is, namely, +that we "should live honestly, (that is to say, without reproach,)[97] +should injure nobody, and render to every one his just due." + +If such, then, be the meaning of the moral law, and if every Mason is by +his tenure obliged to obey it, it follows, that all such crimes as profane +swearing or great impiety in any form, neglect of social and domestic +duties, murder and its concomitant vices of cruelty and hatred, adultery, +dishonesty in any shape, perjury or malevolence, and habitual falsehood, +inordinate covetousness, and in short, all those ramifications of these +leading vices which injuriously affect the relations of man to God, his +neighbor, and himself, are proper subjects of lodge jurisdiction. Whatever +moral defects constitute the bad man, make also the bad Mason, and +consequently come under the category of masonic offenses. The principle is +so plain and comprehensible as to need no further exemplification. It is +sufficient to say that, whenever an act done by a Mason is contrary to or +subsersive of the three great duties which he owes to God, his neighbor, +and himself, it becomes at once a subject of masonic investigation, and of +masonic punishment. + +But besides these offenses against the universal moral law, there are many +others arising from the peculiar nature of our institution. Among these we +may mention, and in their order, those that are enumerated in the several +sections of the Sixth Chapter of the Old Charges. These are, unseemly and +irreverent conduct in the lodge, all excesses of every kind, private +piques or quarrels brought into the lodge; imprudent conversation in +relation to Masonry in the presence of uninitiated strangers; refusal to +relieve a worthy distressed Brother, if in your power; and all "wrangling, +quarreling, back-biting, and slander." + +The lectures in the various degrees, and the Ancient Charges read on the +installation of the Master of a lodge, furnish us with other criteria for +deciding what are peculiarly masonic offenses. All of them need not be +detailed; but among them may be particularly mentioned the following: All +improper revelations, undue solicitations for candidates, angry and +over-zealous arguments in favor of Masonry with its enemies, every act +which tends to impair the unsullied purity of the Order, want of +reverence for and obedience to masonic superiors, the expression of a +contemptuous opinion of the original rulers and patrons of Masonry, or of +the institution itself; all countenance of impostors; and lastly, holding +masonic communion with clandestine Masons, or visiting irregular lodges. + +From this list, which, extended as it is, might easily have been enlarged, +it will be readily seen, that the sphere of masonic penal jurisdiction is +by no means limited. It should, therefore, be the object of every Mason, +to avoid the censure or reproach of his Brethren, by strictly confining +himself as a point within that circle of duty which, at his first +initiation, was presented to him as an object worthy of his consideration. + + + + +Chapter II. + +Of Masonic Punishments. + + + +Having occupied the last chapter in a consideration of what constitute +masonic crimes, it is next in order to inquire how these offenses are to +be punished; and accordingly I propose in the following sections to treat +of the various modes in which masonic law is vindicated, commencing with +the slightest mode of punishment, which is censure, and proceeding to the +highest, or expulsion from all the rights and privileges of the Order. + + + +Section I. + +_Of Censure._ + + +A censure is the mildest form of punishment that can be inflicted by a +lodge; and as it is simply the expression of an opinion by the members of +the lodge, that they do not approve of the conduct of the person +implicated, in a particular point of view, and as it does not in any +degree affect the masonic standing of the one censured, nor for a moment +suspend or abridge his rights and benefits, I have no doubt that it may be +done on a mere motion, without previous notice, and adopted, as any other +resolution, by a bare majority of the members present. + +Masonic courtesy would, however, dictate that notice should be given to +the Brother, if absent, that such a motion of censure is about to be +proposed or considered, to enable him to show cause, if any he have, why +he should not be censured. But such notice is not, as I have said, +necessary to the legality of the vote of censure. + +A vote of censure will sometimes, however, be the result of a trial, and +in that case its adoption must be governed by the rules of masonic trials, +which are hereafter to be laid down. + + + +Section II. + +_Of Reprimand._ + + +A reprimand is the next mildest form of masonic punishment. It should +never be adopted on a mere motion, but should always be the result of a +regular trial, in which the party may have the opportunity of defense. + +A reprimand may be either private or public. If to be given in private, +none should be present but the Master and the offender; or, if given by +letter, no copy of that letter should be preserved. + +If given in public, the lodge is the proper place, and the reprimand +should be given by the Master from his appropriate station. + +The Master is always the executive officer of the lodge, and in carrying +out the sentence he must exercise his own prudent discretion as to the +mode of delivery and form of words. + +A reprimand, whether private or public, does not affect the masonic +standing of the offender. + + + +Section III. + +_Of Exclusion from the Lodge._ + + +Exclusion from a lodge may be of various degrees. + +1. A member may for indecorous or unmasonic conduct be excluded from a +single meeting of the lodge. This may be done by the Master, under a +provision of the bye-laws giving him the authority, or on his own +responsibility, in which case he is amenable to the Grand Lodge for the +correctness of his decision. Exclusion in this way does not affect the +masonic standing of the person excluded, and does not require a previous +trial. + +I cannot entertain any doubt that the Master of a lodge has the right to +exclude temporarily any member or Mason, when he thinks that either his +admission, if outside, or his continuance within, if present, will impair +the peace and harmony of the lodge. It is a prerogative necessary to the +faithful performance of his duties, and inalienable from his great +responsibility to the Grand Lodge for the proper government of the Craft +intrusted to his care. If, as it is described in the ancient manner of +constituting a lodge, the Master is charged "to preserve the cement of the +Lodge," it would be folly to give him such a charge, unless he were +invested with the power to exclude an unruly or disorderly member. But as +Masters are enjoined not to rule their lodges in an unjust or arbitrary +manner, and as every Mason is clearly entitled to redress for any wrong +that has been done to him, it follows that the Master is responsible to +the Grand Lodge for the manner in which he has executed the vast power +intrusted to him, and he may be tried and punished by that body, for +excluding a member, when the motives of the act and the other +circumstances of the exclusion were not such as to warrant the exercise of +his prerogative. + +2. A member may be excluded from his lodge for a definite or indefinite +period, on account of the non-payment of arrears. This punishment may be +inflicted in different modes, and under different names. It is sometimes +called, _suspension from the lodge,_ and sometimes _erasure from the +roll_. Both of these punishments, though differing in their effect, are +pronounced, not after a trial, but by a provision of the bye-laws of the +lodge. For this reason alone, if there were no other, I should contend, +that they do not affect the standing of the member suspended, or erased, +with relation to the craft in general. No Mason can be deprived of his +masonic rights, except after a trial, with the opportunity of defense, and +a verdict of his peers. + +But before coming to a definite conclusion on this subject, it is +necessary that we should view the subject in another point of view, in +which it will be seen that a suspension from the rights and benefits of +Masonry, for the non-payment of dues, is entirely at variance with the +true principles of the Order. + +The system of payment of lodge-dues does not by any means belong to the +ancient usages of the fraternity. It is a modern custom, established for +purposes of convenience, and arising out of other modifications, in the +organization of the Order. It is not an obligation on the part of a Mason, +to the institution at large, but is in reality a special contract, in +which the only parties are a particular lodge and its members, of which +the fraternity, as a mass, are to know nothing. It is not presented by any +general masonic law, nor any universal masonic precept. No Grand Lodge has +ever yet attempted to control or regulate it, and it is thus tacitly +admitted to form no part of the general regulations of the Order. Even in +that Old Charge in which a lodge is described, and the necessity of +membership in is enforced, not a word is said of the payment of arrears to +it, or of the duty of contributing to its support. Hence the non-payment +of arrears is a violation of a special and voluntary contract with a +lodge, and not of any general duty to the craft at large. The corollary +from all this is, evidently, that the punishment inflicted in such a case +should be one affecting the relations of the delinquent with the +particular lodge whose bye-laws he has infringed, and not a general one, +affecting his relations with the whole Order. After a consideration of +all these circumstances, I am constrained to think that suspension from +alodge, for non-payment of arrears, should only suspend the rights of the +member as to his own lodge, but should not affect his right of visiting +other lodges, nor any of the other privileges inherent in him as a Mason. +Such is not, I confess, the general opinion, or usage of the craft in this +country, but yet I cannot but believe that it is the doctrine most +consonant with the true spirit of the institution. It is the practice +pursued by the Grand Lodge of England, from which most of our Grand Lodges +derive, directly or indirectly, their existence. It is also the regulation +of the Grand Lodge of Massachusetts. The Grand Lodge of South Carolina +expressly forbids suspension from the rights and benefits of Masonry for +non-payment of dues, and the Grand Lodge of New York has a similar +provision in its Constitution. + +Of the two modes of exclusion from a lodge for non-payment of dues, +namely, suspension and erasure, the effects are very different. Suspension +does not abrogate the connection between the member and his lodge, and +places his rights in abeyance only. Upon the payment of the debt, he is +at once restored without other action of the lodge. But erasure from the +roll terminates all connection between the delinquent and the lodge, and +he ceases to be a member of it. Payment of the dues, simply, will not +restore him; for it is necessary that he should again be elected by the +Brethren, upon formal application. + +The word exclusion has a meaning in England differing from that in which +it has been used in the present section. There the prerogative of +expulsion is, as I think very rightly, exercised only by the Grand Lodge. +The term "expelled" is therefore used only when a Brother is removed from +the craft, by the Grand Lodge. The removal by a District Grand Lodge, or a +subordinate lodge, is called "exclusion." The effect, however, of the +punishment of exclusion, is similar to that which has been here advocated. + + + +Section IV. + +_Of Definite Suspension._ + + +Suspension is a punishment by which a party is temporarily deprived of his +rights and privileges as a Mason. It does not terminate his connection +with the craft, but only places it in abeyance, and it may again be +resumed in a mode hereafter to be indicated. + +Suspension may be, in relation to time, either definite or indefinite. And +as the effects produced upon the delinquent, especially in reference to +the manner of his restoration, are different, it is proper that each +should be separately considered. + +In a case of definite suspension, the time for which the delinquent is to +be suspended, whether for one month, for three, or six months, or for a +longer or shorter period, is always mentioned in the sentence. + +At its termination, the party suspended is at once restored without +further action of the lodge. But as this is a point upon which there has +been some difference of opinion, the argument will be fully discussed in +the chapter on the subject of _Restoration._ + +By a definite suspension, the delinquent is for a time placed beyond the +pale of Masonry. He is deprived of all his rights as a Master Mason--is +not permitted to visit any lodge, or hold masonic communication with his +Brethren--is not entitled to masonic relief, and should he die during his +suspension, is not entitled to masonic burial. In short, the amount of +punishment differs from that of indefinite suspension or expulsion only +in the period of time for which it is inflicted. + +The punishment of definite suspension is the lightest that can be +inflicted of those which affect the relations of a Mason with the +fraternity at large. It must always be preceded by a trial, and the +prevalent opinion is, that it may be inflicted by a two-thirds vote of the +lodge. + + + +Section V. + +_Of Indefinite Suspension._ + + +Indefinite suspension is a punishment by which the person suspended is +deprived of all his rights and privileges as a Mason, until such time as +the lodge which has suspended him shall see fit, by a special action, to +restore him. + +All that has been said of definite suspension in the preceding section, +will equally apply to indefinite suspension, except that in the former +case the suspended person is at once restored by the termination of the +period for which he was suspended; while in the latter, as no period of +termination had been affixed, a special resolution of the lodge will be +necessary to effect a restoration. + +By suspension the connection of the party with his lodge and with the +institution is not severed; he still remains a member of his lodge, +although his rights as such are placed in abeyance. In this respect it +materially differs from expulsion, and, as an inferior grade of +punishment, is inflicted for offenses of a lighter character than those +for which expulsion is prescribed. + +The question here arises, whether the dues of a suspended member to his +lodge continue to accrue during his suspension? I think they do not. Dues +or arrears are payments made to a lodge for certain rights and +benefits--the exercise and enjoyment of which are guaranteed to the +member, in consideration of the dues thus paid. But as by suspension, +whether definite or indefinite, he is for the time deprived of these +rights and benefits, it would seem unjust to require from him a payment +for that which he does not enjoy. I hold, therefore, that suspension from +the rights and benefits of Masonry, includes also a suspension from the +payment of arrears. + +No one can be indefinitely suspended, unless after a due form of trial, +and upon the vote of at least two-thirds of the members present. + + + +Section VI. + +_Of Expulsion._[98] + + +Expulsion is the very highest penalty that can be inflicted upon a +delinquent Mason. It deprives the party expelled of all the masonic rights +and privileges that he ever enjoyed, not only as a member of the lodge +from which he has been ejected, but also of all those which were inherent +in him as a member of the fraternity at large. He is at once as completely +divested of his masonic character as though he had never been admitted +into the institution. He can no longer demand the aid of his Brethren, nor +require from them the performance of any of the duties to which he was +formerly entitled, nor visit any lodge, nor unite in any of the public or +private ceremonies of the Order. No conversation on masonic subjects can +be held with him, and he is to be considered as being completely without +the pale of the institution, and to be looked upon in the same light as a +profane, in relation to the communication of any masonic information. + +It is a custom too generally adopted in this country, for subordinate +lodges to inflict this punishment, and hence it is supposed by many, that +the power of inflicting it is vested in the subordinate lodges. But the +fact is, that the only proper tribunal to impose this heavy penalty is a +Grand Lodge. A subordinate may, indeed, try its delinquent member, and if +guilty declare him expelled. But the sentence is of no force until the +Grand Lodge, under whose jurisdiction it is working, has confirmed it. And +it is optional with the Grand Lodge to do so, or, as is frequently done, +to reverse the decision and reinstate the Brother. Some of the lodges in +this country claim the right to expel independently of the action of the +Grand Lodge, but the claim is not valid. The very fact that an expulsion +is a penalty, affecting the general relations of the punished party with +the whole fraternity, proves that its exercise never could, with +propriety, be intrusted to a body so circumscribed in its authority as a +subordinate lodge. Besides, the general practice of the fraternity is +against it. The English Constitutions vest the power to expel exclusively +in the Grand Lodge.[99] + +The severity of the punishment will at once indicate the propriety of +inflicting it only for the most serious offenses, such, for instance, as +immoral conduct, that would subject a candidate for initiation to +rejection. + +As the punishment is general, affecting the relation of the one expelled +with the whole fraternity, it should not be lightly imposed, for the +violation of any masonic act not general in its character. The commission +of a grossly immoral act is a violation of the contract entered into +between each Mason and his Order. If sanctioned by silence or impunity, it +would bring discredit on the institution, and tend to impair its +usefulness. A Mason who is a bad man, is to the fraternity what a +mortified limb is to the body, and should be treated with the same mode of +cure--he should be cut off, lest his example spread, and disease be +propagated through the constitution. + +The punishment of expulsion can only be inflicted after a due course of +trial, and upon the votes of at least two-thirds of the members present, +and should always be submitted for approval and confirmation to the Grand +Lodge. + +One question here arises, in respect not only to expulsion but to the +other masonic punishments, of which I have treated in the preceding +sections:--Does suspension or expulsion from a Chapter of Royal Arch +Masons, an Encampment of Knights Templar, or any other of what are called +the higher degrees of Masonry, affect the relations of the expelled party +to Symbolic or Ancient Craft Masonry? I answer, unhesitatingly, that it +does not, and for reasons which, years ago, I advanced, in the following +language, and which appear to have met with the approval of the most of my +contemporaries:-- + +"A chapter of Royal Arch Masons, for instance, is not, and cannot be, +recognized as a masonic body, by a lodge of Master Masons. 'They hear them +so to be, but they do not know them so to be,' by any of the modes of +recognition known to Masonry. The acts, therefore, of a Chapter cannot be +recognized by a Master Masons' lodge, any more than the acts of a literary +or charitable society wholly unconnected with the Order. Again: By the +present organization of Freemasonry, Grand Lodges are the supreme masonic +tribunals. If, therefore, expulsion from a Chapter of Royal Arch Masons +involved expulsion from a Blue Lodge, the right of the Grand Lodge to hear +and determine causes, and to regulate the internal concerns of the +institution, would be interfered with by another body beyond its control. +But the converse of this proposition does not hold good. Expulsion from a +Blue Lodge involves expulsion from all the higher degrees; because, as +they are composed of Blue Masons, the members could not of right sit and +hold communications on masonic subjects with one who was an expelled +Mason."[100] + + + + +Chapter III. + +Of Masonic Trials. + + + +Having thus discussed the penalties which are affixed to masonic offenses, +we are next to inquire into the process of trial by which a lodge +determines on the guilt or innocence of the accused. This subject will be +the most conveniently considered by a division into two sections; first, +as to the form of trial; and secondly, as to the character of the +evidence. + + + +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. + +Every member present is bound to vote, unless excused by unanimous +consent. + +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 +as witnesses. Hence, the testimony of an atheist must be rejected; +because, as it has been well said, such a person cannot be subject to that +sanction which is deemed an indispensable test of truth. But as Masonry +does not demand of its candidates any other religious declaration than +that of a belief in God, it cannot require of the witnesses in its trials +any profession of a more explicit faith. But even here it seems to concur +with the law of the land; for it has been decided by Chief Baron Willes, +that "an infidel who believes in a God, and that He will reward and punish +him in this world, but does not believe in a future state, may be examined +upon oath." + +3. Persons who have been rendered infamous by their conviction of great +crimes, are deemed incompetent to give evidence. This rule has been +adopted, because the commission of an infamous crime implies, as Sir +William Scott has observed, "such a dereliction of moral principle on the +part of the witness, as carries with it the conclusion that he would +entirely disregard the obligation of an oath." Of such a witness it has +been said, by another eminent judge,[102] that "the credit of his oath is +over-balanced by the stain of his iniquity." + +4. Persons interested in the result of the trial are considered +incompetent to give evidence. From the nature of human actions and +passions, and from the fact that all persons, even the most virtuous, are +unconsciously swayed by motives of interest, the testimony of such persons +is rather to be distrusted than believed. This rule will, perhaps, be +generally of difficult application in masonic trials, although in a civil +suit at law it is easy to define what is the interest of a party +sufficient to render his evidence incompetent. But whenever it is clearly +apparent that the interests of a witness would be greatly benefited by +either the acquittal or the conviction of the accused, his testimony must +be entirely rejected, or, if admitted, its value must be weighed with the +most scrupulous caution. + +Such are the rules that the wisdom of successive generations of men, +learned in the law, have adopted for the establishment of the competency +or incompetency of witnesses. There is nothing in them which conflicts +with the principles of justice, or with the Constitutions of Freemasonry; +and hence they may, very properly, be considered as a part of our own +code. In determining, therefore, the rule for the admission of witnesses +in masonic trials, we are to be governed by the simple proposition that +has been enunciated by Mr. Justice Lawrence in the following language: + +"I find no rule less comprehensive than this, that all persons are +admissible witnesses who have the use of their reason, and such religious +belief as to feel the obligation of an oath, who have not been convicted +of any infamous crime, and who are not influenced by interest." + +The peculiar, isolated character of our institution, here suggests as an +important question, whether it is admissible to take the testimony of a +profane, or person who is not a Freemason, in the trial of a Mason before +his lodge. + +To this question I feel compelled to reply, that such testimony is +generally admissible; but, as there are special cases in which it is not, +it seems proper to qualify that reply by a brief inquiry into the grounds +and reasons of this admissibility, and the mode and manner in which such +testimony is to be taken. + +The great object of every trial, in Masonry, as elsewhere, is to elicit +truth; and, in the spirit of truth, to administer justice. From whatever +source, therefore, this truth can be obtained, it is not only competent +there to seek it, but it is obligatory on us so to do. This is the +principle of law as well as of common sense. Mr. Phillips, in the +beginning of his great "Treatise on the Law of Evidence," says: "In +inquiries upon this subject, the great end and object ought always to be, +the ascertaining of the most convenient and surest means for the +attainment of truth; the rules laid down are the means used for the +attainment of that end." + +Now, if A, who is a Freemason, shall have committed an offense, of which B +and C alone were cognizant as witnesses, shall it be said that A must be +acquitted for want of proof, because B and C are not members of the Order? +We apprehend that in this instance the ends of justice would be defeated, +rather than subserved. If the veracity and honesty of B and C are +unimpeached, their testimony as to the fact cannot lawfully be rejected on +any ground, except that they may be interested in the result of the trial, +and might be benefited by the conviction or the acquittal of the +defendant. But this is an objection that would hold against the evidence +of a Mason, as well as a profane. + +Any other rule would be often attended with injurious consequences to our +institution. We may readily suppose a case by way of illustration. A, who +is a member of a lodge, is accused of habitual intemperance, a vice +eminently unmasonic in its character, and one which will always reflect a +great portion of the degradation of the offender upon the society which +shall sustain and defend him in its perpetration. But it may happen--and +this is a very conceivable case--that in consequence of the remoteness of +his dwelling, or from some other supposable cause, his Brethren have no +opportunity of seeing him, except at distant intervals. There is, +therefore, no Mason, to testify to the truth of the charge, while his +neighbors and associates, who are daily and hourly in his company, are all +aware of his habit of intoxication. + +If, then, a dozen or more men, all of reputation and veracity, should +come, or be brought before the lodge, ready and willing to testify to this +fact, by what process of reason or justice, or under what maxim of masonic +jurisprudence, could their testimony be rejected, simply because they were +not Masons? And if rejected--if the accused with this weight of evidence +against him, with this infamy clearly and satisfactorily proved by these +reputable witnesses, were to be acquitted, and sent forth purged of the +charge, upon a mere technical ground, and thus triumphantly be sustained +in the continuation of his vice, and that in the face of the very +community which was cognizant of his degradation of life and manners, who +could estimate the disastrous consequences to the lodge and the Order +which should thus support and uphold him in his guilty course? The world +would not, and could not appreciate the causes that led to the rejection +of such clear and unimpeachable testimony, and it would visit with its +just reprobation the institution which could thus extend its fraternal +affections to the support of undoubted guilt. + +But, moreover, this is not a question of mere theory; the principle of +accepting the testimony of non-masonic witnesses has been repeatedly acted +on. If a Mason has been tried by the courts of his country on an +indictment for larceny, or any other infamous crime, and been convicted by +the verdict of a jury, although neither the judge nor the jury, nor the +witnesses were Masons, no lodge after such conviction would permit him to +retain his membership, but, on the contrary, it would promptly and +indignantly expel him from the Brotherhood. If, however, the lodge should +refuse to expel him, on the ground that his conviction before the court +was based on the testimony of non-masonic witnesses, and should grant him +a lodge trial for the same offense, then, on the principle against which +we are contending, the evidence of these witnesses as "profanes" would be +rejected, and the party be acquitted for want of proof; and thus the +anomalous and disgraceful spectacle would present itself--of a felon +condemned and punished by the laws of his country for an infamous crime, +acquitted and sustained by a lodge of Freemasons. + +But we will be impressed with the inexpediency and injustice of this +principle, when we look at its operation from another point of view. It is +said to be a bad rule that will not work both ways; and, therefore, if the +testimony of non-masonic witnesses against the accused is rejected on the +ground of inadmissibility, it must also be rejected when given in his +favor. Now, if we suppose a case, in which a Mason was accused before his +lodge of having committed an offense, at a certain time and place, and, by +the testimony of one or two disinterested persons, he could establish what +the law calls an _alibi_, that is, that at that very time he was at a +far-distant place, and could not, therefore, have committed the offense +charged against him, we ask with what show of justice or reason could such +testimony be rejected, simply because the parties giving it were not +Masons? But if the evidence of a "profane" is admitted in favor of the +accused, rebutting testimony of the same kind cannot with consistency be +rejected; and hence the rule is determined that in the trial of Masons, it +is competent to receive the evidence of persons who are not Masons, but +whose competency, in other respects, is not denied. + +It must, however, be noted, that the testimony of persons who are not +Masons is not to be given as that of Masons is, within the precincts of +the lodge. They are not to be present at the trial; and whatever testimony +they have to adduce, must be taken by a committee, to be afterwards +accurately reported to the lodge. But in all cases, the accused has a +right to be present, and to interrogate the witnesses. + +The only remaining topic to be discussed is the method of taking the +testimony, and this can be easily disposed of. + +The testimony of Masons is to be taken either in lodge or in committee, +and under the sanction of their obligations. + +The testimony of profanes is always to be taken by a committee, and on +oath administered by a competent legal officer--the most convenient way of +taking such testimony is by affidavit. + + + + +Chapter IV. + +Of the Penal Jurisdiction of a Lodge. + + + +The penal jurisdiction of a lodge is that jurisdiction which it is +authorized to exercise for the trial of masonic offenses, and the +infliction of masonic punishment. It may be considered as either +geographical or personal. + +The geographical jurisdiction of a lodge extends in every direction, half +way to the nearest lodge. Thus, if two lodges be situated at the distance +of sixteen miles from each other, then the penal jurisdiction of each will +extend for the space of eight miles in the direction of the other. + +The personal jurisdiction of a lodge is that jurisdiction which a lodge +may exercise over certain individuals, respective or irrespective of +geographical jurisdiction. This jurisdiction is more complicated than the +other, and requires a more detailed enumeration of the classes over whom +it is to be exercised. + +1. A lodge exercises penal jurisdiction over all its members, no matter +where they may reside. A removal from the geographical jurisdiction will +not, in this case, release the individual from personal jurisdiction. The +allegiance of a member to his lodge is indefeasible. + +2. A lodge exercises penal jurisdiction over all unaffiliated Masons, +living within its geographical jurisdiction. An unaffiliated Mason cannot +release himself from his responsibilities to the Order. And if, by immoral +or disgraceful conduct, he violates the regulations of the Order, or tends +to injure its reputation in the estimation of the community, he is +amenable to the lodge nearest to his place of residence, whether this +residence be temporary or permanent, and may be reprimanded, suspended, or +expelled. + +This doctrine is founded on the wholesome reason, that as a lodge is the +guardian of the purity and safety of the institution, within its own +jurisdiction, it must, to exercise this guardianship with success, be +invested with the power of correcting every evil that occurs within its +precincts. And if unaffiliated Masons were exempted from this control, the +institution might be seriously affected in the eyes of the community, by +their bad conduct. + +3. The personal jurisdiction of a lodge, for the same good reason, +extends over all Masons living in its vicinity. A Master Mason belonging +to a distant lodge, but residing within the geographical jurisdiction of +another lodge, becomes amenable for his conduct to the latter, as well as +to the former lodge. But if his own lodge is within a reasonable distance, +courtesy requires that the lodge near which he resides should rather make +a complaint to his lodge than itself institute proceedings against him. +But the reputation of the Order must not be permitted to be endangered, +and a case might occur, in which it would be inexpedient to extend this +courtesy, and where the lodge would feel compelled to proceed to the trial +and punishment of the offender, without appealing to his lodge. The +geographical jurisdiction will, in all cases, legalize the proceedings. + +4. But a lodge situated near the confines of a State cannot extend its +jurisdiction over Masons residing in a neighboring State, and not being +its members, however near they may reside to it: for no lodge can exercise +jurisdiction over the members of another Grand Lodge jurisdiction. Its +geographical, as well as personal jurisdiction, can extend no further than +that of its own Grand Lodge. + +5. Lastly, no lodge can exercise penal jurisdiction over its own Master, +for he is alone responsible for his conduct to the Grand Lodge. But it may +act as his accuser before that body, and impeach him for any offense that +he may have committed. Neither can a lodge exercise penal jurisdiction +over the Grand Master, although under other circumstances it might have +both geographical and personal jurisdiction over him, from his residence +and membership. + + + + +Chapter V. + +Of Appeals. + + + +Every Mason, who has been tried and convicted by a lodge, has an +inalienable right to appeal from that conviction, and from the sentence +accompanying it, to the Grand Lodge. + +As an appeal always supposes the necessity of a review of the whole case, +the lodge is bound to furnish the Grand Lodge with an attested copy of its +proceedings on the trial, and such other testimony in its possession as +the appellant may deem necessary for his defense. + +The Grand Lodge may, upon investigation, confirm the verdict of its +subordinate. In this case, the appeal is dismissed, and the sentence goes +into immediate operation without any further proceedings on the part of +the lodge. + +The Grand Lodge may, however, only approve in part, and may reduce the +penalty inflicted, as for instance, from expulsion to suspension. In this +case, the original sentence of the lodge becomes void, and the milder +sentence of the Grand Lodge is to be put in force. The same process would +take place, were the Grand Lodge to increase instead of diminishing the +amount of punishment, as from suspension to expulsion. For it is competent +for the Grand Lodge, on an appeal, to augment, reduce or wholly abrogate +the penalty inflicted by its subordinate. + +But the Grand Lodge may take no direct action on the penalty inflicted, +but may simply refer the case back to the subordinate for a new trial. In +this case, the proceedings on the trial will be commenced _de novo_, if +the reference has been made on the ground of any informality or illegality +in the previous trial. But if the case is referred back, not for a new +trial, but for further consideration, on the ground that the punishment +was inadequate--either too severe, or not sufficiently so--in this case, +it is not necessary to repeat the trial. The discussion on the nature of +the penalty to be inflicted should, however, be reviewed, and any new +evidence calculated to throw light on the nature of the punishment which +is most appropriate, may be received. + +Lastly, the Grand Lodge may entirely reverse the decision of its +subordinate, and decree a restoration of the appellant to all his rights +and privileges, on the ground of his innocence of the charges which had +been preferred against him. But, as this action is often highly important +in its results, and places the appellant and the lodge in an entirely +different relative position, I have deemed its consideration worthy of a +distinct chapter. + +During the pendency of an appeal, the sentence of the subordinate lodge is +held in abeyance, and cannot; be enforced. The appellant in this case +remains in the position of a Mason "under charges." + + + + +Chapter VI. + +Of Restoration. + + + +The penalties of suspension and expulsion are terminated by restoration, +which may take place either by the action of the lodge which inflicted +them, or by that of the Grand Lodge. + +Restoration from definite suspension is terminated without any special +action of the lodge, but simply by the termination of the period for which +the party was suspended. He then at once reenters into the possession of +all the rights, benefits, and functions, from which he had been +temporarily suspended. + +I have myself no doubt of the correctness of this principle; but, as it +has been denied by some writers, although a very large majority of the +authorities are in its favor, it may be well, briefly, to discuss its +merits. + +Let us suppose that on the 1st of January A.B. had been suspended for +three months, that is, until the 1st day of April. At the end of the three +months, that is to say, on the first of April, A.B. would no longer be a +suspended member--for the punishment decreed will have been endured; and +as the sentence of the lodge had expressly declared that his suspension +was to last until the 1st of April, the said sentence, if it means +anything, must mean that the suspension was, on the said 1st of April, to +cease and determine. If he were, therefore, to wait until the 1st of May +for the action of the lodge, declaring his restoration, he would suffer a +punishment of four months' suspension, which was not decreed by his lodge +upon his trial, and which would, therefore, be manifestly unjust and +illegal. + +Again: if the offense which he had committed was, upon his trial, found to +be so slight as to demand only a dismissal for one night from the lodge, +will it be contended that, on his leaving the lodge-room pursuant to his +sentence, he leaves not to return to it on the succeeding communication, +unless a vote should permit him? Certainly not. His punishment of +dismissal for one night had been executed; and on the succeeding night he +reentered into the possession of all his rights. But if he can do so after +a dismissal or suspension of one night, why not after one or three, six or +twelve months? The time is extended, but the principle remains the same. + +But the doctrine, that after the expiration of the term of a definite +suspension, an action by the lodge is still necessary to a complete +restoration, is capable of producing much mischief and oppression. For, if +the lodge not only has a right, but is under the necessity of taking up +the case anew, and deciding whether the person who had been suspended for +three months, and whose period of suspension has expired, shall now be +restored, it follows, that the members of the lodge, in the course of +their inquiry, are permitted to come to such conclusion as they may think +just and fit; for to say that they, after all their deliberations, are, to +vote only in one way, would be too absurd to require any consideration. +They may, therefore, decide that A.B., having undergone the sentence of +the lodge, shall be restored, and then of course all would be well, and no +more is to be said. But suppose that they decide otherwise, and say that +A.B., having undergone the sentence of suspension of three months, _shall +not_ be restored, but must remain suspended until further orders. Here, +then, a party would have been punished a second time for the same offense, +and that, too, after having suffered what, at the time of his conviction, +was supposed to be a competent punishment--and without a trial, and +without the necessary opportunities of defense, again found guilty, and +his comparatively light punishment of suspension for three months changed +into a severer one, and of an indefinite period. The annals of the most +arbitrary government in the world--the history of the most despotic tyrant +that ever lived--could not show an instance of more unprincipled violation +of law and justice than this. And yet it may naturally be the result of +the doctrine, that in a sentence of definite suspension, the party can be +restored only by a vote of the lodge at the expiration of his term of +suspension. If the lodge can restore him, it can as well refuse to restore +him, and to refuse to restore him would be to inflict a new punishment +upon him for an old and atoned-for offense. + +On the 1st of January, for instance, A.B., having been put upon his trial, +witnesses having been examined, his defense having been heard, was found +guilty by his lodge of some offense, the enormity of which, whatever it +might be, seemed to require a suspension from Masonry for just three +months, neither more nor less. If the lodge had thought the crime still +greater, it would, of course, we presume, have decreed a suspension of +six, nine, or twelve months. But considering, after a fair, impartial, and +competent investigation of the merits of the case (for all this is to be +presumed), that the offended law would be satisfied with a suspension of +three months, that punishment is decreed. The court is adjourned _sine +die_; for it has done all that is required--the prisoner undergoes his +sentence with becoming contrition, and the time having expired, the bond +having been paid, and the debt satisfied, he is told that he must again +undergo the ordeal of another trial, before another court, before he can +reassume what was only taken from him for a definite period; and that it +is still doubtful, whether the sentence of the former court may not even +now, after its accomplishment, be reversed, and a new and more severe one +be inflicted. + +The analogy of a person who has been sentenced to imprisonment for a +certain period, and who, on the expiration of that period, is at once +released, has been referred to, as apposite to the case of a definite +suspension. Still more appropriately may we refer to the case of a person +transported for a term of years, and who cannot return until that term +expires, but who is at liberty at once to do so when it has expired. +"Another capital offense against public justice," says Blackstone, "is +the returning from transportation, or being seen at large in Great Britain +_before the expiration of the term for which the offender was sentenced to +be transported." _ Mark these qualifying words: "before the expiration of +the term:" they include, from the very force of language, the proposition +that it is no offense to return _after_ the expiration of the term. And so +changing certain words to meet the change of circumstances, but leaving +the principle unchanged, we may lay down the law in relation to +restorations from definite suspensions, as follows: + +_It is an offense against the masonic code to claim the privileges of +Masonry, or to attempt to visit a lodge after having been suspended, +before the expiration of the term for which the offender was suspended_. + +Of course, it is no crime to resume these privileges after the term has +expired; for surely he must have strange notions of the powers of +language, who supposes that suspension for three months, and no more, does +not mean, that when the three months are over the suspension ceases. And, +if the suspension ceases, the person is no longer suspended; and, if no +longer suspended he is in good standing, and requires no further action to +restore him to good moral and masonic health. + +But it is said that, although originally only suspended for three months, +at the expiration of that period, his conduct might continue to be such as +to render his restoration a cause of public reproach. What is to be done +in such a case? It seems strange that the question should be asked. The +remedy is only too apparent. Let new charges be preferred, and let a new +trial take place for his derelictions of duty during the term of his +suspension. Then, the lodge may again suspend him for a still longer +period, or altogether expel him, if it finds him deserving such +punishment. But in the name of justice, law, and common sense, do not +insiduously and unmanfully continue a sentence for one and a former +offense, as a punishment for another and a later one, and that, too, +without the due forms of trial. + +Let us, in this case, go again for an analogy to the laws of the land. +Suppose an offender had been sentenced to an imprisonment of six months +for a larceny, and that while in prison he had committed some new crime. +When the six months of his sentence had expired, would the Sheriff feel +justified, or even the Judge who had sentenced him, in saying: "I will not +release you; you have guilty of another offense during your +incarceration, and therefore, I shall keep you confined six months +longer?" Certainly not. The Sheriff or the Judge who should do so +high-handed a measure, would soon find himself made responsible for the +violation of private rights. But the course to be pursued would be, to +arrest him for the new offense, give him a fair trial, and, if convicted +again, imprison or otherwise punish him, according to his new sentence, +or, if acquitted, discharge him. + +The same course should be pursued with a Mason whose conduct during the +period of his suspension has been liable to reproach or suspicion. Masons +have rights as well as citizens--every one is to be considered innocent +until he is proved guilty--and no one should suffer punishment, even of +the lightest kind, except after an impartial trial by his peers. + +But the case of an indefinite suspension is different. Here no particular +time has been appointed for the termination of the punishment. It may be +continued during life, unless the court which has pronounced it think +proper to give a determinate period to what was before indeterminate, and +to declare that on such a day the suspension shall cease, and the offender +be restored. In a case of this kind, action on the part of the lodge is +necessary to effect a restoration. + +Such a sentence being intended to last indefinitely--that is to say, +during the pleasure of the lodge--may, I conceive, be reversed at any +legal time, and the individual restored by a mere majority vote the of +lodge. Some authorities think a vote of two-thirds necessary; but I see no +reason why a lodge may not, in this as in other cases, reverse its +decision by a vote of a simple majority. The Ancient Constitutions are +completely silent on this and all its kindred points; and, therefore, +where a Grand Lodge has made no local regulation on the subject, we must +be guided by the principles of reason and analogy, both of which direct us +to the conclusion that a lodge may express its will, in matters +unregulated by the Constitutions, through the vote of a majority. + +But the restoration of an expelled Mason requires a different action. By +expulsion, as I have already said, all connection with the Order is +completely severed. The individual expelled ceases to be a Mason, so far +as respects the exercise of any masonic rights or privileges. His +restoration to the Order is, therefore, equivalent to the admission of a +profane. Having ceased on his expulsion to be a member of the lodge which +had expelled him, his restoration would be the admission of a new member. +The expelled Mason and the uninitiated candidate are to be placed on the +same footing--both are equally unconnected with the institution--the one +having never been in it, and the other having been completely discharged +from it. + +The rule for the admission of new members, as laid down in the Thirty-nine +Regulations, seems to me, therefore, to be applicable in this case; and +hence, I conceive that to reverse a sentence of expulsion and to restore +an expelled Mason will require as unanimous a vote as that which is +necessary on a ballot for initiation. + +Every action taken by a lodge for restoration must be done at a stated +communication and after due notice, that if any member should have good +and sufficient reasons to urge against the restoration, he may have an +opportunity to present them. + +In conclusion, the Grand Lodge may restore a suspended or expelled Mason, +contrary to the wishes of the lodge. + +In such case, if the party has been suspended only, he, at once, resumes +his place and functions in the lodge, from which, indeed, he had only been +temporarily dissevered. + +But in the case of the restoration of an expelled Mason to the rights and +privileges of Masonry, by a Grand Lodge, does such restoration restore him +to membership in his lodge? This question is an important one, and has +very generally been decided in the negative by the Grand Lodges of this +country. But as I unfortunately differ from these high authorities, I +cannot refrain, as an apology for this difference of opinion, from +presenting the considerations which have led me to the conclusion which I +have adopted. I cannot, it is true, in the face of the mass of opposing +authority, offer this conclusion as masonic law. But I would fain hope +that the time is not far distant when it will become so, by the change on +the part of Grand Lodges of the contrary decisions which they have made. + +The general opinion in this country is, that when a Mason has been +expelled by his lodge, the Grand Lodge may restore him to the rights and +privileges, but cannot restore him to membership in his lodge. My own +opinion, in contradiction to this, is, that when a Grand Lodge restores an +expelled Mason, on the ground that the punishment of expulsion from the +rights and privileges of Masonry was too severe and disproportioned to the +offense, it may or may not restore him to membership in his lodge. It +might, for instance, refuse to restore his membership on the ground that +exclusion from his lodge is an appropriate punishment; but where the +decision of the lodge as to the guilt of the individual is reversed, and +the Grand Lodge declares him to be innocent, or that the charge against +him has not been proved, then I hold, that it is compelled by a just +regard to the rights of the expelled member to restore him not only to the +rights and privileges of Masonry, but also to membership in his lodge. + +I cannot conceive how a Brother, whose innocence has been declared by the +verdict of his Grand Lodge, can be deprived of his vested rights as the +member of a particular lodge, without a violation of the principles of +justice. If guilty, let his expulsion stand; but, if innocent, let him be +placed in the same position in which he was before the passage of the +unjust sentence of the lodge which has been reversed. + +The whole error, for such I conceive it to be, in relation to this +question of restoration to membership, arises, I suppose, from a +misapprehension of an ancient regulation, which says that "no man can be +entered a Brother in any particular lodge, or admitted a member thereof, +without the unanimous consent of all the members"--which inherent +privilege is said not to be subject to dispensation, "lest a turbulent +member should thus be imposed upon them, which might spoil their harmony, +or hinder the freedom of their communication, or even break and disperse +the Lodge." But it should be remembered that this regulation altogether +refers to the admission of new members, and not to the restoration of old +ones--to the granting of a favor which the candidate solicits, and which +the lodge may or may not, in its own good pleasure, see fit to confer, and +not to the resumption of a vested and already acquired right, which, if it +be a right, no lodge can withhold. The practical working of this system of +incomplete restoration, in a by no means extreme case, will readily show +its absurdity and injustice. A member having appealed from expulsion by +his lodge to the Grand Lodge, that body calmly and fairly investigates the +case. It finds that the appellant has been falsely accused of an offense +which he has never committed; that he has been unfairly tried, and +unjustly convicted. It declares him innocent--clearly and undoubtedly +innocent, and far freer from any sort of condemnation than the prejudiced +jurors who convicted him. Under these circumstances, it becomes +obligatory that the Grand Lodge should restore him to the place he +formerly occupied, and reinvest him with the rights of which he has been +unjustly despoiled. But that it cannot do. It may restore him to the +privileges of Masonry in general; but, innocent though he be, the Grand +Lodge, in deference to the prejudices of his Brethren, must perpetuate a +wrong, and punish this innocent person by expulsion from his lodge. I +cannot, I dare not, while I remember the eternal principles of justice, +subscribe to so monstrous an exercise of wrong--so flagrant an outrage +upon private rights. + + + + +Index. + + + +A. + + +Accused, to what he is entitled +Act passed in the reign of Henry VI., anno 1425 + " " " it was never enforced +Actual Past Master, term defined +Adjournment, a term not recognized in Masonry + " motion for, cannot be entertained +Affiliated Masons only, can visit lodges +Affiliation, what it is + " mode of + " requires unanimity + " Master Masons only entitled to it + " rejected application for, may be renewed in other lodges + " may be made with more than one lodge +Age, qualifications of candidates as to +Appeal from Grand Master not permitted + " not to be entertained in a lodge + " cannot be taken from the chair + " doctrine of, discussed + " from the Master, must be to the Grand Lodge + " every Mason has a right to one, to the Grand Lodge + " pending one, the sentence is in abeyance +Apprentices, rights of _(see Entered Apprentice_) +Arrears, non-payment of + " to lodges, history of their origin + " do not accrue during suspension +Assembly, general-one held in 287 by St. Alban + " " " in 926 at York + " " governed the craft for nearly 800 years + " " how organized +Atheist cannot be a Mason +Authorities for masonic law + + + +B. + + +Balloting for candidates + every member must take a part in it + secrecy of, inviolable + must be unanimous + Mason irresponsible for it to the lodge + not disfranchised of it by non-payment of arrears + mode of +Balloting in each degree + not actually prescribed in the ancient constitutions, but implied + must be unanimous +Ballot, reconsideration of + motion for, out of order + cannot be granted by dispensation +Black ball is the bulwark of Masonry +Brother, a title to be always used in lodge +Burial, masonic, right of + must be requested except for strangers + Master Masons only entitled to it + dispensation for, not usually required +Business, order of + may be suspended at any time by the Master +By-laws must be approved and confirmed by Grand Lodge + + + +C. + + +Calling from labor to refreshment +Censure, a masonic punishment +Certificates, masonic +Chaplain, Grand (_see Grand Chaplain_) +Charges of accusation, how to be made +Closing lodge is at the discretion of the Master +Committee of investigation on character of candidates +Committees to be appointed by the Master + Master is chairman of, when present +Communication of a lodge, how terminated +Consecration of a lodge how performed + meaning of +Constituting a lodge, ceremony of + meaning of +Constitutions, how to be altered +" Gothic, adopted in 926, +Corn, wine, and oil, masonic elements of consecration, +" " " why elements, +Crimes, masonic, +" " definition of, +" " enumeration of + + + +D. + + +Deacons, +" two in each lodge, +" are appointed officers, +" not removable by Master or Senior Warden +" Grand _(see Grand Deacons_) +Dedication of a lodge, how performed +" to whom, and why, +" meaning of +Definite suspension +" " restoration from +Degrees, no candidate can receive more than two at one communication +Demitting +" right of, not denied until recently, +" regulations concerning +" of many at one time may be refused +Deputy Grand Master, duties and prerogatives of +" " office of, not very ancient +" " exercises prerogatives of Grand Master in his absence +"" cannot be more than one +"" originally appointed by Grand Master +Discussions, how to be conducted in lodge, +Dispensation what and where to be granted +"for a lodge +"" " tenure of its duration +"" " difference from a Warrant +District Deputy Grand Master, a modern invention +Dotage a disqualification of candidates +" meaning of the term +Dues to lodges, a modern usage +" non-payment of, does not disqualify from voting for candidates + + + +E. + + +Emergency, rule upon the subject +Entered Apprentice, rights of + formerly a member of his lodge + formerly permitted to attend the Grand Communications + may sit in a lodge of his degree + cannot speak or vote + cannot be deprived of his rights without trial + after trial may appeal to the Grand Lodge +Erasure from lodge, a masonic punishment +Evidence in masonic trials +Examination of visitors + how to be conducted +Exclusion, a masonic punishment +Executive powers of a Grand Lodge +Expulsion is masonic death +Expulsion, a masonic punishment + should be inflicted by Grand Lodge or with its approval + from higher degrees, its effect + restoration from +Extinct lodges, funds of, revert to the Grand Lodge + + + +F. + + +Family distressed, of a Mason, entitled to relief +Fellow Craft, rights of + they formerly constituted the great body of the Fraternity + formerly permitted to speak, but not vote +Finishing candidates of one lodge in another +Fool cannot be a Mason +Free, a candidate must be, at the time of making +Free-born, a Mason must be + reason for the rule +Funds of extinct lodges revert to the Grand Lodge + + + +G. + + +General Assembly. (_See Assembly, General._) +God, belief in, a qualification of a candidate +Gothic constitutions adopted in 926 +Grand Chaplain, + office established in 1775 + duties of +Grand Deacons + office more ancient than Oliver supposes + duties of + how appointed +Grand Lodge held in 1717 + mode of organizing one + three lodges necessary to organize one + dormant may be revived if a Grand Officer remains, + all the Craft formerly members of + Masters and Wardens of lodges are members + Grand Officers are also members + Past Masters are not members by inherent right + its powers and prerogatives + may make new regulations + must observe the landmarks +Grand Lodges, historical sketch of + are comparatively modern institutions +Grand Marshal + appointed by the Grand Master + duties of +Grand Master, duties and prerogatives of + office of has existed since the origin of Masonry + an elective officer + by whom to be installed + prerogatives of, derived from two sources + no appeal from his decision + may convene Grand Lodge when he chooses + entitled to two votes + how to be punished + may grant dispensations +Grand Master may make Masons at sight + may constitute new lodges + cannot dispense with requisite forms in making Masons + his own lodge cannot exercise jurisdiction over him +Grand Pursuivant +Grand Secretary + office of established in 1723 + duties of +Grand Secretary, may appoint an assistant +Grand Stewards + " " first mentioned in 1721 + " " duties of + " " appointed by Junior Grand Warden +Grand Stewards' Lodge +Grand Sword-Bearer + " " duties of + " " office of, constituted in 1731 +Grand Tiler +" " office of, must have existed from the earliest times +" " must not be a member of the Grand Lodge +" " sometimes appointed, and sometimes elected +Grand Treasurer +" " office of, established in 1724 +" " duties of +" " has always been elected +Grand Wardens +" " originally appointed by the Grand Master +" " succeed the Grand Master and Deputy + + + +H. + + +Heresy not a masonic crime +Higher degrees, effect of expulsion from +Historical sketch + + + +I. + + +Idiot cannot be made a Mason +Impostor, how to be treated in examination +Incompetent witnesses, who they are +Indefinite suspension +" " restoration from +Innovations cannot be made in the body of Masonry +Insanity, if perfectly cured, no disqualification of a candidate +Installation + " whence the term derived + " necessary to legal existence of an officer + " of a Master of a lodge + " of the Grand Master +Instruction of representatives, right of, is vested in a lodge +Investigation of character must be by a committee +Irreligious libertine cannot be a Mason + " " definition of the term + + + +J. + + +Judicial powers of a Grand Lodge, +Junior Grand Warden +Junior Warden, + " " presides in absence of Master and Senior Warden, + " " does not take the West in absence of Senior Warden, + " " presides over the craft during refreshment + " " appoints the stewards +Jurisdiction of a lodge + " geographical or personal + " is over all its members + " " " unaffiliated Masons in its vicinity + " cannot extend beyond State lines, + " none over its Master + + + +K. + + +Knowledge of reading and writing necessary to a Mason + + + +L. + + +Labor, calling from, to refreshment +Landmarks, what they are, + " ritual and legislative + " must be observed by the Grand Lodge +Law of Grand Lodges + " subordinate lodges + " individuals +Lawful information, what it is +Laws, how to be interpreted + " of Masonry are of two kinds--written and unwritten + " written, whence derived + " unwritten, whence derived + " " same as ancient usage +Legislative powers of a Grand Lodge +Libertine, irreligious, cannot be a Mason + meaning of the term +Lodge, subordinate + definition of + how organized + must have been congregated by some superior authority +Lodge, under dispensation + definition of + generally precedes a warranted lodge + how formed + cannot make by-laws + cannot elect officers + cannot install officers + cannot elect members +Lodge, warranted + its powers and rights + must be consecrated + must be dedicated + must be constituted + its officers must be installed + ceremony of installation in + its powers are inherent in it + its reserved rights are secured by the regulations + an assembly of the craft in their primary capacity + may select its own members + elects its own officers + what officers of, are elected in England + may install its officers + Master of, must be installed by a past Master + may be represented in the Grand Lodge + representatives of + may instruct its representatives + may frame by-laws + may suspend or exclude a member + may declare a member expelled, the sentence to be approved by the Grand Lodge + may levy annual contributions + may select its name + cannot select its number + duties of + cannot alter the ritual + must elect officers at a particular time +Lodge, warranted, cannot interfere with business of another lodge + " " cannot initiate without previous notice + " " cannot confer more than two degrees on the same candidate at one time + " " cannot make more than five new Brothers at the same time + " " must meet once a month + " " neglecting to meet forfeits its warrant + " " cannot remove from the town, without the consent of the Grand Lodge + " " may remove from one part of the town to another, under restrictions + " " officers of + + + +M. + + +Madmen cannot be Masons +Maims, how far disqualifying candidates + " reason for the rule relating to +Mass meeting of the craft cannot organize a Grand Lodge +Master, Grand. _(See Grand Master_.) +Master Mason, rights of + " " becomes a member by signing the by-laws + " " how this right is forfeited + " " may apply to any lodge for membership + " " to whom subject for discipline + " " may speak and vote on all questions + " " may hold any office to which elected + " " but to serve as Master must have been a Warden + " " may appeal to the Grand Lodge + " " may visit any lodge, after examination +Master of a lodge + " " " must have previously served as Warden + " " " must see Grand Lodge regulations enforced + " " " must be installed by a Past Master + " " " has the warrant in charge + " " " may call special meetings of his lodge + " " " may close his lodge at any time + " " " presides over business as well as labor + " " " is supreme in his lodge +Master of a lodge, no appeal from his decision except to Grand +Lodge + moral qualifications of + intellectual qualifications of + who is to judge of them + is a member of the Grand Lodge + may exclude a member temporarily +Membership, right of +Members of Grand Lodge are Masters and Wardens with the Grand Officers +Minutes, when to be read + how to be amended + not to be read at special communications + formula for keeping +Moral law, what it is + a Mason must obey it +Motions, when to be entertained + + + +N. + + +Name of a lodge to be selected by itself +Non-residents, initiation of +Number of a lodge regulates its precedency + of candidates to be initiated at one communication + + + +O. + + +Office, can be vacated only by death, removal, or expulsion + not vacated by suspension +Officers of a Grand Lodge + subordinate lodge + warranted lodge must be installed + how to be installed + time of election determined by Grand Lodge + elected annually + vacancies in, how to be supplied + cannot resign +Order, rules of + whence derived + + + +P. + + +Parliamentary law not applicable to Masonry +Past Masters + rights of + not members of the Grand Lodge by inherent right + may install their successors + of two kinds--actual and virtual + may preside in a lodge + eligible to election to the chair + entitled to a seat in the East + eligible to be elected Deputy Grand Master, or Grand Warden + virtual, cannot be present at installing a Master +Penal jurisdiction of a lodge +Perfect youth, meaning of the term +Perfection, physical, why required of a candidate +Petition of candidate + must be read at a regular communication + referred to a committee of three + reported on at next regular communication + report on, cannot be made at a special communication + renewal of, in case of rejection + how to be renewed, if rejected + for advancement to a higher degree + if rejected, how to be renewed +Petitioners, not less than seven to form a lodge + what they must set forth + must be recommended by nearest lodge +Political offenses not cognizable by a lodge +Political qualifications of candidates +Postponed business, when to be called up +Precedency of lodges, regulated by their numbers +Presiding in a lodge, who has the right of + officer, has the prerogatives of the Master, for the time +Previous question, unknown in Masonry +Probation of candidates + for initiation + for advancement +Proceedings of a regular communication cannot be amended at a special one +Profanes, testimony of, how to be taken in trials +Proficiency of candidates +Proficiency of candidates, must be suitable +Punishments, masonic +Pursuivant, a title equivalent to Sword-Bearer + + + +Q. + + +Qualifications of a Master of a lodge + of candidates, + moral + religious + physical + intellectual + political, 184 +Quarterly communications of Grand Lodge, ordered in 1717 +Question, how to be taken on a motion + + + +R. + + +Reading, a qualification of candidates +Recommendation of nearest lodge, necessary to form a new one + of candidate, must be by two members +Reconsideration of ballot + motion for, is out of order, + cannot be granted by dispensation +Rejected candidate cannot apply to any other lodge + renewed petition of, when to be made, +Relief, right of claiming it + unworthy Masons not entitled to it +Religion of a Mason, what it is required to be +Religious offenses not cognizable by a lodge +Removal of a lodge, rule on the subject of +Representatives of a lodge, who they are +Reprimand, a masonic punishment +Restoration + from definite suspension + indefinite supension + expulsion + must be at a stated communication + may be by Grand Lodge + requires a unanimous vote + to membership discussed + + + +S. + + +Secretary, Grand. (_See Grand Secretary._) + of a lodge + his duty + is a recording, corresponding, and receiving officer + is a check upon the treasurer + often receives compensation + in case of death, or expulsion, a successor may be elected + but not in case of removal, or sickness +Senior Grand Warden. (_See Grand Wardens._) +Senior Warden + presides in absence of Master + may invite a Past Master to preside + presides over the craft during labor + appoints the Junior Deacon +Sentence in trials, how to be obtained + ---- is in abeyance pending an appeal +Stewards, Grand. (_See Grand Stewards._) + of a lodge + appointed by Junior Warden + duties of + not removable by Junior Warden +Stranger, initiation of +Suspension + definite + indefinite +Sword Bearer, Grand. (_See Grand Sword Bearer._) + + + +T. + + +Testimony, how to be taken on masonic trials +Tiler, Grand. (_See Grand Tiler._) + of a lodge + office existed from beginning of the institution + no lodge can be without one + must be a worthy Master Mason + if a member, the office does not disfranchise him + when voting, Junior Deacon takes his place + may be removed for misconduct +Tiler's obligation, form of it +Transient persons, initiation of +Treasurer, Grand. _(See Grand Treasurer_.) + " " of a lodge + " " duties of + " " is the only banker of the lodge + " " is a disbursing officer + " " a Brother of worldly substance usually selected + " " in case of death, a successor may be elected + " " but not in case of sickness, or removal +Trials, masonic + " " form of + " " evidence in + + +U. + + +Unaffiliated Masons + " " tax sometimes levied on + " " position, rights, and duties of +Unaffiliation, contrary to the spirit of Masonry + " effect of, on a Mason +Unanimity in the ballot required by the ancient constitutions +Uneducated candidates not forbidden by positive enactment + " " their admission opposed to the spirit of the institution + + +V. + + +Virtual Past Masters, who they are +Visit, right of + " only affiliated Mason entitled to it + " must be preceded by an examination + " requires a certificate to insure it +Visitors, examination of, described + " must take the Tiler's obligation +Voting must always be by a show of hands +Voting in trials, obligatory on all members present +Voucher must be a competent Mason +Vouching for a visitor + + + +W. + + +Wardens, Grand. (_See Grand Wardens._) + of a lodge are assistants of the Master + entitled to membership in Grand Lodge +Warden, Senior. (_See Senior Warden._) +Warden, Junior. (_See Junior Warden._) +Warrant of constitution + what it is + its difference from a dispensation + can be revoked only by the Grand Lodge + confers powers of installation and succession + not necessary before 1717 + cannot be resigned by a majority of the lodge +Warranted lodges. (_See Lodges, Warranted._) +Witnesses in masonic trials, qualifications of + definition of incompetent ones +Woman cannot be made a Mason +Writing, a qualification of candidates + + + +Y. + + +Yeas and nays, calling for, unmasonic +Young man under age cannot be made a Mason +Youth, perfect, meaning of the term + + + + +Footnotes + + + +[1] They will be found in Oliver's edition of Preston, p. 71, note, +(U.M.L., vol. iii., p. 58), or in the American edition by Richards, +Appendix i., note 5. + +[2] Found in Ol. Preston, n. 3 (p. 162. U.M.L., vol. iii., p. 134). + +[3] In all references to, or citations from, Anderson's Constitutions, I +have used, unless otherwise stated, the first edition printed at London in +1723--a fac simile of which has recently been published by Bro. John W. +Leonard, of New York. I have, however, in my possession the subsequent +editions of 1738, 1755, and 1767, and have sometimes collated them +together. + +[4] The Gothic Constitutions are that code of laws which was adopted by +the General Assembly at York, in the year 926. They are no longer extant, +but portions of them have been preserved by Anderson, Preston, and other +writers. + +[5] Preston, book iv., sec, 2., p. 132, n. (U.M.L.,vol. iii., p. 109). + +[6] General Regulations, art. xxxix. + +[7] Chancellor Walworth, in his profound argument on the New York +difficulties, asserted that this fact "does not distinctly appear, +although it is, pretty evident that all voted."--p. 33. The language of +Anderson does not, however, admit of a shadow of a doubt. "The Brethren," +he says, "by a majority of hands, elected," &c. + +[8] Opinion of Chancellor Walworth upon the questions connected with the +late masonic difficulties in the State of New York, p. 37. There is much +historical learning displayed in this little pamphlet. + +[9] Preston, p. 131, n., Oliver's Edit. (U.M.L., vol. iii.,p. 109). + +[10] Of the thirty-six Grand Masters who have presided over the craft in +England since the revival of Masonry in 1717, thirty have been noblemen, +and three princes of the reigning family. + +[11] Article xxxiv. + +[12] His most important prerogatives are inherent or derived from ancient +usage. + +[13] Proceedings G.L. Maryland, 1849, p. 25. + +[14] Art. xxxix. + +[15] The word "time" has been interpreted to mean _communication_. + +[16] And this is not because such past officer has an inherent right to +the mastership, but because as long as such an one is present and willing +to serve, there does not exist such an emergency as would authorize a +dispensation of the law. + +[17] What further concerns a lodge under dispensation is referred to a +special chapter in a subsequent part of the work. + +[18] It is well known, although it cannot be quoted as authority, that the +Athol Constitutions expressly acknowledged the existence of this +prerogative. See Dermott's Ahiman Rezon. + +[19] Book of Constitutions, edit. 1767, p. 222. + +[20] Book of Const., p. 233. + +[21] Book of Const., p. 313. + +[22] Book of Constitutions, p. 319. + +[23] Preston, p. 237, ed. 1802, (U.M.L., vol. iii., p. 223). + +[24] Book of Constitutions, p. 247 + +[25] The existence of this prerogative is denied by the Grand Lodges of +Missouri, Tennessee, Louisiana, and Massachusetts, while it is admitted by +those of New York, Kentucky, North Carolina, South Carolina, Wisconsin, +Vermont, Mississippi, Ohio, New Hampshire, Maryland, Indiana, Texas and +Florida; in the last two, however, subject to limitation. + +[26] That is, the one who has longest been a Freemason. + +[27] Book of the Lodge, p. 115 (U.M.L., vol. i., book 2, p. 78). + +[28] It was abolished in New York in 1854. + +[29] This is a small chest or coffer, representing the ark of the +covenant, and containing the three great lights of Masonry. + +[30] "What man is there that hath a new house and hath not dedicated it? +Let him go and return to his house, lest he die in the battle and another +man dedicate it." Deut. xx. 5. + +[31] De Syned. Vet. Ebræor., 1. iii., c. xiv., § 1. + +[32] Cicero, Brut. i. + +[33] See such a form of Dispensation in Cole's Masonic Library, p. 91. + +[34] Preston, Append., n. 4 (U.M.L., vol. iii., pp. 150, 151). + +[35] Book of Constitutions, orig. ed, p., 70 (U.M.L., vol. xv., book 1, p. +70). + +[36] General Regulations of 1722. A subsequent regulation permitted the +election of a candidate, if there were not more than three black balls +against him, provided the lodge desired such a relaxation of the rule. The +lodges of this country, however, very generally, and, as I think, with +propriety, require unanimity. The subject will be hereafter discussed. + +[37] Every lodge shall annually elect its Master and Treasurer by ballot. +Such Master having been regularly appointed and having served as Warden of +a warranted lodge for one year. _Constitutions of the Ancient Fraternity +of Free and Accepted Masons, published by authority of the United Grand +Lodge of England_, 1847, _p_. 58 (U.M.L., vol. ix., book 1). + +[38] The Wardens, or officers, of a lodge cannot be removed, unless for a +cause which appears to the lodge to be sufficient; but the Master, if he +be dissatisfied with the conduct of any of his officers, may lay the cause +of complaint before the lodge; and, if it shall appear to the majority of +the Brethren present that the complaint be well founded, he shall have +power to displace such officer, and to nominate another. _English +Constitutions, as above, p._ 80 (U.M.L., vol. ix., book 1). + +[39] It is not necessary that he should be a Past Master of the lodge. + +[40] No master shall assume the Master's chair, until he shall have been +regularly installed, though he may in the interim rule the lodge. _English +Constitutions_ (U.M.L., vol. ix., book 1). + +[41] Every Warranted Lodge is a constituent part of the Grand Lodge, in +which assembly all the power of the fraternity resides. _English +Constitutions, p_. 70 (U.M.L., vol. ix., book 1). + +[42] We shall not here discuss the question whether Past Masters are +members of the Grand Lodge, by inherent right, as that subject will be +more appropriately investigated when we come to speak of the Law of Grand +Lodges, in a future chapter. They are, however clearly, not the +representatives of their lodge. + +[43] Preston, p. 167 (U.M.L., vol. iii., p. 151). + +[44] General Regulations. Of the duty of members, Art. X, (U.M.L., vol. +xv., book 1, p. 61). + +[45] English Constitutions, p. 59 (U.M.L., vol. ix., book 1). + +[46] In selecting the name, the modern Constitutions of England make the +approbation of the Grand Master or Provincial Grand Master necessary. + +[47] Such is the doctrine of the modern English Constitutions. + +[48] "No Brother can be a Warden until he has passed the part of a Fellow +Craft; nor a Master until he has acted as a Warden."--_Old Charges_, IV. +(U.M.L., vol. xv., book 1, p. 52). + +[49] Regulations on Installation of a Master, No. III. Preston, p. 74 +(U.M.L., vol. iii., p. 61). + +[50] Hats. quoted in Jefferson, p. 14. + +[51] One of the ancient charges, which Preston tells us that it was the +constant practice of our Ancient Brethren to rehearse at the opening and +closing of the lodge, seems to refer to this rule, when it says, "the +Master, Wardens, and Brethren are just and faithful, and _carefully finish +the work they begin_."--Oliver's Preston, p. 27, _note_ (U.M.L., vol. +iii., p. 22). + +[52] Proceedings of G.L. of Tennessee, 1850. Appendix A, p. 8. + +[53] Book of Constitutions, edition of 1755, p. 282. + +[54] If it is an extra communication, this item of the transaction is, of +course, omitted, for minutes are only to be confirmed at regular +communications. + +[55] Oliver's Preston, p. 163, note (U.M.L., vol. iii., p. 135). + +[56] Such is the provision in the modern constitutions of England, but the +4th of the 39 Regulations required the candidate to be at least +twenty-five. + +[57] See these regulations in Preston, p. 162, Oliver's ed. (U.M.L., vol. +iii., p. 135). + +[58] Oliver's Preston, p. 72, (U.M.L., vol. iii., p. 59). + +[59] Blackstone, Com. I., Introd., § 2. + +[60] In an able report on this subject, in the proceedings of the Grand +Lodge of Georgia for 1852. In accordance with the views there expressed, +Bro. Rockwell decided officially, as District Deputy Grand Master, in +1851, that a man who had lost one eye was not admissible. + +[61] Potter, 184. + +[62] Page 18. In December, 1851, the Committee of Correspondence of North +Carolina, unregardful of the rigid rule of their predecessors, decided +that maimed candidates might be initiated, "provided their loss or +infirmity will not prevent them from making full proficiency in Masonry." + +[63] Proceedings of the G.L. of Mo. for 1823, p. 5. The report and +resolution were on the petitions of two candidates to be initiated, one +with only one arm, and the other much deformed in his legs. + +[64] When the spirit of expediency once begins, we know not where it will +stop. Thus a blind man has been initiated in Mississippi, and a one-armed +one in Kentucky; and in France a few years since, the degrees were +conferred by sign-language on a deaf mute! + +[65] Namely, the incorrectly presumed operative origin of the Order. The +whole of this report, which is from the venerable Giles F. Yates, contains +an able and unanswerable defense of the ancient law in opposition to any +qualification. + +[66] See proceedings of New York, 1848, pp. 36, 37. + +[67] Such is the formula prescribed by the Constitutions of England as +well as all the Monitors in this country. + +[68] See Mackey's Lexicon of Freemasonry, 3d Edit., art, _Ballot_. + +[69] Book of Constitutions. Edit. 1755, p. 312. + +[70] See Mackey's Lexicon of Freemasonry, 3d Edit., art. _Ballot_ + +[71] Except when there is but one black ball, in which case the matter +lies over until the next stated meeting. See preceding Section. + +[72] Masonry founded on Scripture, a Sermon preached in 1752, by the Rev. +W. Williams. + +[73] That is, advance him, from the subordinate position of a serving man +or Apprentice, to that of a Fellow Craft or journeyman. + +[74] This is also the regulation of the Grand Lodge of South Carolina. + +[75] Proceedings of Grand Lodge of New York, for 1845. He excepts, of +course, from the operation of the rule, those made by dispensation; but +this exception does not affect the strength of the principle. + +[76] Preston, edition of Oliver, p. 12 (U.M.L., vol. iii., p. 10). + +[77] Transactions of the G.L. of New York, anno 1848, p. 73. + +[78] Edition of 1723, page 71 (U.M.L., vol. xv., book 1, p. 71). + +[79] Preston, p. 48 (U.M.L., vol, iii., p. 40). + +[80] Const. New York, 1854, p. 13. The Constitutions of the Grand Lodge of +England (p. 64) have a similar provision; but they require the Brother to +express his wish for membership on the day of his initiation. + +[81] Preston, Oliver's Ed., p. 71, _note_ (U.L.M., vol. iii., p. 60). + +[82] See Oliver, note in Preston, p. 75 (U.M.L., vol. iii, p. 61). + +[83] Oliver's Preston, p. 162 (U.M.L., vol. iii., p. 135.) + +[84] See Anderson's Const., 3d Edit., 1755, page 303. + +[85] Preston, Oliver's Edit., p. 89 (U.M.L., vol. iii., p. 72). + +[86] Preston, Oliver's Edit" p. 90 (U.M.L., vol. iii., p. 73). + +[87] Book I., chap. iii. + +[88] Proceedings of Louisiana, an. 1852. + +[89] Preston, Oliver's Edit., p. 76 (U.M.L., vol. iii, p. 62). + +[90] Ibid + +[91] See Mackey's Lexicon of Freemasonry, _in voce_. + +[92] Constitutions, Second Edition of 1738, p. 154. + +[93] Proceedings for 1853. + +[94] Proceedings for 1847. + +[95] The right to visit is restricted to once, by many Grand Lodges to +enable him to become acquainted with the character of the lodge before he +applies for membership. + +[96] Blackstone, Introd., § i. + +[97] For so we should interpret the word "honeste." + +[98] I have treated this subject of expulsion so fully in my "Lexicon of +Freemasonry," and find so little more to say on the subject, that I have +not at all varied from the course of argument, and very little from the +phraseology of the article in that work. + +[99] In England, ejection from a membership by a subordinate lodge is +called "exclusion," and it does not deprive the party of his general +rights as a member of the fraternity. + +[100] Lexicon of Freemasonry. + +[101] Phillips, on Evidence, p. 3. + +[102] Chief Baron Gilbert. + + + + + +End of Project Gutenberg's The Principles of Masonic Law, by Albert G. Mackey + +*** END OF THE PROJECT GUTENBERG EBOOK 12186 *** diff --git a/12186-h/12186-h.htm b/12186-h/12186-h.htm new file mode 100644 index 0000000..b2d2e4b --- /dev/null +++ b/12186-h/12186-h.htm @@ -0,0 +1,8267 @@ +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> +<html> +<head> +<meta http-equiv="Content-Type" content="text/html; charset=UTF-8" /> +<title>The Principles of Masonic Law, by Albert G. Mackey, M.D.</title> +<style type="text/css"> + <!-- + body { + margin: 0.5em; + font-family: Verdana, Arial, sans-serif; + } + + h1,h2,h3,h4,h5,h6 { + text-align: center; + font-weight: bold; + } + + h1,h2,h3,h4 { + font-variant: small-caps + } + + .smallcaps { font-variant: small-caps } + + a { text-decoration: none; } + + a:hover { background-color: #ffffcc } + + div.book { + margin-top: 6em; + padding: 5px; + } + + div.chapter { + margin-top: 4em; + padding: 5px; + } + + div.sec { + margin-top: 2em; + padding: 5px; + } + + hr { + height: 1px; + border-width: 1px; + border-style: dashed; + } + + p.abs, blockquote.epi { + width: 80%; + margin-left: auto; + margin-right: auto; + } + + p.byline { + text-align: center; + font-variant: small-caps; + } + + #tp, #verso, #dedication { text-align: center; } + + #tp blockquote.epi { + text-align: left; + width: 40%; + margin-left: auto; + margin-right: auto; + } + + #toc ul { + list-style-type: none; + } + --> +</style> +</head> +<body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 12186 ***</div> + +<div id="tp"> +<h1 class="title">The Principles of Masonic Law:</h1> + +<h2>A Treatise on the Constitutional Laws, Usages And Landmarks of +Freemasonry,</h2> + +<p class='byline'>By</p> + +<h2 class="author">Albert G. Mackey, M.D.,</h2> + +<h3>Author of<br /> + +"The Lexicon of Freemasonry," "The Mystic Tie,"<br /> "Legends and Traditions of +Freemasonry,"<br /> Etc., Etc.,</h3> + +<h4>Grand Lecturer and Grand Secretary of The Grand Lodge of South Carolina; +Secretary General of the Supreme Council of the Ancient and Accepted Rite +for the Southern Jurisdiction of the United States, Etc., Etc., Etc.</h4> + +<blockquote class="epi"><p> + "Est enim unum jus, quo devincta est hominum societas, quod lex + constituit una; quæ lex est recta ratio imperandi atque prohibendi, + quam qui ignorat is est injustus."</p> + +<p> Cicero de Legibus. c. XV.</p></blockquote> + +<h4>New York:<br /> +Jno. W. Leonard & Co., Masonic Publishers,<br /> +383 Broadway.</h4> + +<h5>1856.</h5> +</div> + +<div id="verso"> +<p>Entered, according to Act of Congress, in the year 1855, by Jno. W. +Leonard & Co.,</p> + +<p>In the Clerk's Office of the District Court of the United States for the +Southern District of New York.</p> +</div> + + +<div id="dedication"> +<h2>To</h2> + +<h3>Brother J.J.J. Gourgas,</h3> + +<p>Sovereign Grand Inspector General in the Supreme Council for the Northern +Jurisdiction of the United States,</p> + +<p>I Dedicate This Work,</p> + +<p>As a Slight Testimonial of My Friendship and Esteem for Him<br /> +As a Man,<br /> +And of My Profound Veneration for His Character<br /> +As a Mason;<br /> +Whose Long and Useful Life Has Been Well Spent in the<br /> +Laborious Prosecution of the Science,<br /> +And the Unremitting Conservation of the Principles of Our<br /> +Sublime Institution.</p> +</div> + +<div class="chapter" id="toc"> +<h2>Table of Contents</h2> + + + +<p><a href="#preface">Preface</a></p> +<p><a href="#intro">Introduction</a></p> + +<h3>Book First.<br /><a href="#b1">The Law of Grand Lodges.</a></h3> + +<ul> + <li>Chapter I. <a href="#b1-01">Historical Sketch.</a></li> + <li>Chapter II. <a href="#b1-02">Of the Mode of Organizing Grand Lodges.</a></li> + <li>Chapter III. <a href="#b1-03">Of the Members of a Grand Lodge.</a></li> + <li>Chapter IV. <a href="#b1-04">Of the Officers of a Grand Lodge.</a> + <ul> + <li>Section I. <a href="#b1-04-01"><i>Of the Grand Master.</i></a></li> + <li>Section II. <a href="#b1-04-02"><i>The Deputy Grand Master.</i></a></li> + <li>Section III. <a href="#b1-04-03"><i>Of the Grand Wardens.</i></a></li> + <li>Section IV. <a href="#b1-04-04"><i>Of the Grand Treasurer.</i></a></li> + <li>Section V. <a href="#b1-04-05"><i>Of the Grand Secretary.</i></a></li> + <li>Section VI. <a href="#b1-04-06"><i>Of the Grand Chaplain.</i></a></li> + <li>Section VII. <a href="#b1-04-07"><i>Of the Grand Deacons.</i></a></li> + <li>Section VIII. <a href="#b1-04-08"><i>Of the Grand Marshal.</i></a></li> + <li>Section IX. <a href="#b1-04-09"><i>Of the Grand Stewards.</i></a></li> + <li>Section X. <a href="#b1-04-10"><i>Of the Grand Sword-Bearer.</i></a></li> + <li>Section XI. <a href="#b1-04-11"><i>Of the Grand Tiler.</i></a></li> + </ul> + </li> + <li>Chapter V. <a href="#b1-05">Of the Powers and Prerogatives of a Grand Lodge.</a> + <ul> + <li>Section I. <a href="#b1-05-01"><i>General View.</i></a></li> + <li>Section II. <a href="#b1-05-02"><i>Of the Legislative Power of a Grand Lodge.</i></a></li> + <li>Section III. <a href="#b1-05-03"><i>Of the Judicial Power of a Grand Lodge.</i></a></li> + <li>Section IV. <a href="#b1-05-04"><i>Of the Executive Power of a Grand Lodge.</i></a></li> + </ul> + </li> +</ul> + +<h3>Book Second.<br /><a href="#b2">Laws of Subordinate Lodges.</a></h3> + +<ul> + <li>Chapter I. <a href="#b2-01">Of the Nature and Organization of Subordinate Lodges.</a></li> + <li>Chapter II. <a href="#b2-02">Of Lodges under Dispensation.</a></li> + <li>Chapter III. <a href="#b2-03">Of Lodges Working under a Warrant of Constitution.</a></li> + <li>Chapter IV. <a href="#b2-04">Of the Officers of a Subordinate Lodge.</a> + <ul> + <li>Section I. <a href="#b2-04-01"><i>Of the Officers in General.</i></a></li> + <li>Section II. <a href="#b2-04-02"><i>Of the Worshipful Master.</i></a></li> + <li>Section III. <a href="#b2-04-03"><i>Of the Wardens.</i></a></li> + <li>Section IV. <a href="#b2-04-04"><i>Of the Treasurer.</i></a></li> + <li>Section V. <a href="#b2-04-05"><i>Of the Secretary.</i></a></li> + <li>Section VI. <a href="#b2-04-06"><i>Of the Deacons.</i></a></li> + <li>Section VII. <a href="#b2-04-07"><i>Of the Stewards.</i></a></li> + <li>Section VIII. <a href="#b2-04-08"><i>Of the Tiler.</i></a></li> + </ul> + </li> + <li>Chapter V. <a href="#b2-05">Of Rules of Order.</a> + <ul> + <li>Section I. <a href="#b1-05-01"><i>Of the Order of Business.</i></a></li> + <li>Section II. <a href="#b1-05-02"><i>Of Appeals from the Decision of the Chair.</i></a></li> + <li>Section III. <a href="#b1-05-03"><i>Of the Mode of Taking the Question.</i></a></li> + <li>Section IV. <a href="#b1-05-04"><i>Of Adjournments.</i></a></li> + <li>Section V. <a href="#b2-05-05"><i>Of the Appointment of Committees.</i></a></li> + <li>Section VI. <a href="#b2-05-06"><i>Of the Mode of Keeping the Minutes.</i></a></li> + </ul> + </li> +</ul> + +<h3>Book Third.<br /><a href="#b3">The Law of Individuals.</a></h3> + +<ul> + <li>Chapter I. <a href="#b3-01">Of the Qualifications of Candidates.</a> + <ul> + <li>Section I. <a href="#b3-01-01"><i>Of the Moral Qualifications of Candidates.</i></a></li> + <li>Section II. <a href="#b3-01-02"><i>Of the Physical Qualifications of Candidates.</i></a></li> + <li>Section III. <a href="#b3-01-03"><i>Of the Intellectual Qualifications of Candidates.</i></a></li> + <li>Section IV. <a href="#b3-01-04"><i>Of the Political Qualifications of Candidates.</i></a></li> + <li>Section V. <a href="#b3-01-05"><i>Of the Petition of Candidates for Admission, and the Action Thereon.</i></a></li> + <li>Section VI. <a href="#b3-01-06"><i>Of Balloting for Candidates.</i></a></li> + <li>Section VII. <a href="#b3-01-07"><i>Of the Reconsideration of the Ballot.</i></a></li> + <li>Section VIII. <a href="#b3-01-08"><i>Of the Renewal of Applications by Rejected Candidates.</i></a></li> + <li>Section IX. <a href="#b3-01-09"><i>Of the Necessary Probation and Due Proficiency of Candidates before Advancement</i></a></li> + <li>Section X. <a href="#b3-01-10"><i>Of Balloting for Candidates in each Degree.</i></a></li> + <li>Section XI. <a href="#b3-01-11"><i>Of the Number to be Initiated at one Communication.</i></a></li> + <li>Section XII. <a href="#b3-01-12"><i>Of Finishing the Candidates of one Lodge in another.</i></a></li> + <li>Section XIII. <a href="#b3-01-12"><i>Of the Initiation of Non-residents.</i></a></li> + </ul> + </li> + <li>Chapter II. <a href="#b3-02">Of the Rights of Entered Apprentices.</a></li> + <li>Chapter III. <a href="#b3-03">Of the Rights of Fellow Crafts.</a></li> + <li>Chapter IV. <a href="#b3-04">Of the Rights of Master Masons.</a> + <ul> + <li>Section I. <a href="#b3-04-01"><i>Of the Right of Membership.</i></a></li> + <li>Section II. <a href="#b3-04-02"><i>Of the Right of Visit.</i></a></li> + <li>Section III. <a href="#b3-04-03"><i>Of the Examination of Visitors.</i></a></li> + <li>Section IV. <a href="#b3-04-04"><i>Of Vouching for a Brother.</i></a></li> + <li>Section V. <a href="#b3-04-05"><i>Of the Right of Claiming Relief.</i></a></li> + <li>Section VI. <a href="#b3-04-06"><i>Of the Right of Masonic Burial.</i></a></li> + </ul> + </li> + <li>Chapter V. <a href="#b3-05">Of the Rights of Past Masters.</a></li> + <li>Chapter VI. <a href="#b3-06">Of Affiliation.</a></li> + <li>Chapter VII. <a href="#b3-07">Of Demitting.</a></li> + <li>Chapter VIII. <a href="#b3-08">Of Unaffiliated Masons.</a></li> +</ul> + +<h3>Book Fourth.<br /><a href="#b3">Of Masonic Crimes and Punishments.</a></h3> + +<ul> + <li>Chapter I. <a href="#b4-01">Of What Are Masonic Crimes.</a></li> + <li>Chapter II. <a href="#b4-02">Of Masonic Punishments.</a> + <ul> + <li>Section I. <a href="#b4-02-01"><i>Of Censure.</i></a></li> + <li>Section II. <a href="#b4-02-02"><i>Of Reprimand.</i></a></li> + <li>Section III. <a href="#b4-02-03"><i>Of Exclusion from the Lodge.</i></a></li> + <li>Section IV. <a href="#b4-02-04"><i>Of Definite Suspension.</i></a></li> + <li>Section V. <a href="#b4-02-05"><i>Of Indefinite Suspension.</i></a></li> + <li>Section VI. <a href="#b4-02-06"><i>Of Expulsion.</i></a></li> + </ul> + </li> + <li>Chapter III. <a href="#b4-03">Of Masonic Trials.</a> + <ul> + <li>Section I. <a href="#b4-03-01"><i>Of the Form of Trial.</i></a></li> + <li>Section II. <a href="#b4-03-02"><i>Of the Evidence in Masonic Trials.</i></a></li> + </ul> + </li> + <li>Chapter IV. <a href="#b4-04">Of the Penal Jurisdiction of a Lodge.</a></li> + <li>Chapter V. <a href="#b4-05">Of Appeals.</a></li> + <li>Chapter VI. <a href="#b4-06">Of Restoration.</a></li> +</ul> + +<p><a href="#index">Index.</a></p> +<p><a href="#footnotes">Footnotes.</a></p> +</div> + + +<div class="chapter" id="preface"> +<h2>Preface.</h2> + + + +<p>In presenting to the fraternity a work on the Principles of Masonic Law, +it is due to those for whom it is intended, that something should be said +of the design with which it has been written, and of the plan on which it +has been composed. It is not pretended to present to the craft an +encyclopedia of jurisprudence, in which every question that can possibly +arise, in the transactions of a Lodge, is decided with an especial +reference to its particular circumstances. Were the accomplishment of such +an herculean task possible, except after years of intense and unremitting +labor, the unwieldy size of the book produced, and the heterogeneous +nature of its contents, so far from inviting, would rather tend to +distract attention, and the object of communicating a knowledge of the +Principles of Masonic Law, would be lost in the tedious collation of +precedents, arranged without scientific system, and enunciated without +explanation.</p> + +<p>When I first contemplated the composition of a work on this subject, a +distinguished friend and Brother, whose opinion I much respect, and with +whose advice I am always anxious to comply, unless for the most +satisfactory reasons, suggested the expediency of collecting the decisions +of all Grand Masters, Grand Lodges, and other masonic authorities upon +every subject of Masonic Law, and of presenting them, without commentary, +to the fraternity.</p> + +<p>But a brief examination of this method, led me to perceive that I would be +thus constructing simply a digest of decrees, many of which would probably +be the results of inexperience, of prejudice, or of erroneous views of the +masonic system, and from which the authors themselves have, in repeated +instances, subsequently receded—for Grand Masters and Grand Lodges, +although entitled to great respect, are not infallible—and I could not, +conscientiously, have consented to assist, without any qualifying remark, +in the extension and perpetuation of edicts and opinions, which, however +high the authority from which they emanated, I did not believe to be in +accordance with the principles of Masonic jurisprudence.</p> + +<p>Another inconvenience which would have attended the adoption of such a +method is, that the decisions of different Grand Lodges and Grand Masters +are sometimes entirely contradictory on the same points of Masonic Law. +The decree of one jurisdiction, on any particular question, will often be +found at variance with that of another, while a third will differ from +both. The consultor of a work, embracing within its pages such distracting +judgments, unexplained by commentary, would be in doubt as to which +decision he should adopt, so that coming to the inspection with the desire +of solving a legal question, he would be constrained to close the volume, +in utter despair of extracting truth or information from so confused a +mass of contradictions.</p> + +<p>This plan I therefore at once abandoned. But knowing that the +jurisprudence of Masonry is founded, like all legal science, on abstract +principles, which govern and control its entire system, I deemed it to be +a better course to present these principles to my readers in an elementary +and methodical treatise, and to develop from them those necessary +deductions which reason and common sense would justify.</p> + +<p>Hence it is that I have presumed to call this work "The Principles of +Masonic Law." It is not a code of enactments, nor a collection of +statutes, nor yet a digest of opinions; but simply an elementary treatise, +intended to enable every one who consults it, with competent judgment, and +ordinary intelligence, to trace for himself the bearings of the law upon +any question which he seeks to investigate, and to form, for himself, a +correct opinion upon the merits of any particular case.</p> + +<p>Blackstone, whose method of teaching I have endeavored, although I confess +"ab longo inter-vallo," to pursue, in speaking of what an academical +expounder of the law should do, says:</p> + +<p>"He should consider his course as a general map of the law, marking out +the shape of the country, its connections, and boundaries, its greater +divisions, and principal cities; it is not his business to describe +minutely the subordinate limits, or to fix the longitude and latitude of +every inconsiderable hamlet."</p> + +<p>Such has been the rule that has governed me in the compilation of this +work. But in delineating this "general map" of the Masonic Law, I have +sought, if I may continue the metaphor, so to define boundaries, and to +describe countries, as to give the inspector no difficulty in "locating" +(to use an Americanism) any subordinate point. I have treated, it is true, +of principles, but I have not altogether lost sight of cases.</p> + +<p>There are certain fundamental laws of the Institution, concerning which +there never has been any dispute, and which have come down to us with all +the sanctions of antiquity, and universal acceptation. In announcing +these, I have not always thought it necessary to defend their justice, or +to assign a reason for their enactment.</p> + +<p>The weight of unanimous authority has, in these instances, been deemed +sufficient to entitle them to respect, and to obedience.</p> + +<p>But on all other questions, where authority is divided, or where doubts of +the correctness of my decision might arise, I have endeavored, by a course +of argument as satisfactory as I could command, to assign a reason for my +opinions, and to defend and enforce my views, by a reference to the +general principles of jurisprudence, and the peculiar character of the +masonic system. I ask, and should receive no deference to my own +unsupported theories—as a man, I am, of course, fallible—and may often +have decided erroneously. But I do claim for my arguments all the weight +and influence of which they may be deemed worthy, after an attentive and +unprejudiced examination. To those who may at first be ready—because I do +not agree with all their preconceived opinions—to doubt or deny my +conclusions, I would say, in the language of Themistocles, "Strike, but +hear me."</p> + +<p>Whatever may be the verdict passed upon my labors by my Brethren, I trust +that some clemency will be extended to the errors into which I may have +fallen, for the sake of the object which I have had in view: that, namely, +of presenting to the Craft an elementary work, that might enable every +Mason to know his rights, and to learn his duties.</p> + +<p>The intention was, undoubtedly, a good one. How it has been executed, it +is not for me, but for the masonic public to determine.</p> + +<p>Albert G. Mackey.</p> + +<p>Charleston, S.C., January 1st., 1856.</p> +</div> + + +<div class="chapter" id="intro"> +<h2>Introduction.</h2> + +<h3>The Authorities for Masonic Law.</h3> + + + +<p>The laws which govern the institution of Freemasonry are of two kinds, +<i>unwritten</i> and <i>written,</i> and may in a manner be compared with the "lex +non scripta," or common law, and the "lex seripta," or statute law of +English and American jurists.</p> + +<p>The "lex non scripta," or <i>unwritten law</i> of Freemasonry is derived from +the traditions, usages and customs of the fraternity as they have existed +from the remotest antiquity, and as they are universally admitted by the +general consent of the members of the Order. In fact, we may apply to +these unwritten laws of Masonry the definition given by Blackstone of the +"leges non scriptæ" of the English constitution—that "their original +institution and authority are not set down in writing, as acts of +parliament are, but they receive their binding power, and the force of +laws, by long and immemorial usage and by their universal reception +throughout the kingdom." When, in the course of this work, I refer to +these unwritten laws as authority upon any point, I shall do so under the +appropriate designation of "ancient usage."</p> + +<p>The "lex scripta," or written law of Masonry, is derived from a variety of +sources, and was framed at different periods. The following documents I +deem of sufficient authority to substantiate any principle, or to +determine any disputed question in masonic law.</p> + +<p>1. The "Ancient Masonic charges, from a manuscript of the Lodge of +Antiquity," and said to have been written in the reign of James II.<sup><a href="#fn1">1</a></sup></p> + +<p>2. The regulations adopted at the General Assembly held in 1663, of which +the Earl of St. Albans was Grand Master.<sup><a href="#fn2">2</a></sup></p> + +<p>3. The interrogatories propounded to the Master of a lodge at the time of +his installation, and which, from their universal adoption, without +alteration, by the whole fraternity, are undoubtedly to be considered as +a part of the fundamental law of Masonry.</p> + +<p>4. "The Charges of a Freemason, extracted from the Ancient Records of +Lodges beyond sea, and of those in England, Scotland, and Ireland, for the +use of the Lodges in London," printed in the first edition of the Book of +Constitutions, and to be found from p. 49 to p. 56 of that work.<sup><a href="#fn3">3</a></sup></p> + +<p>5. The thirty-nine "General Regulations," adopted "at the annual assembly +and feast held at Stationers' hall on St. John the Baptist's day, 1721," +and which were published in the first edition of the Book of +Constitutions, p. 58 to p.</p> + +<p>6. The subsequent regulations adopted at various annual communications by +the Grand Lodge of England, up to the year 1769, and published in +different editions of the Book of Constitutions. These, although not of +such paramount importance and universal acceptation as the Old Charges +and the Thirty-nine Regulations, are, nevertheless, of great value as the +means of settling many disputed questions, by showing what was the law and +usage of the fraternity at the times in which they were adopted.</p> + +<p>Soon after the publication of the edition of 1769 of the Book of +Constitutions, the Grand Lodges of America began to separate from their +English parent and to organize independent jurisdictions. From that +period, the regulations adopted by the Grand Lodge of England ceased to +have any binding efficacy over the craft in this country, while the laws +passed by the American Grand Lodges lost the character of general +regulations, and were invested only with local authority in their several +jurisdictions.</p> + +<p>Before concluding this introductory section, it may be deemed necessary +that something should be said of the "Ancient Landmarks of the Order," to +which reference is so often made.</p> + +<p>Various definitions have been given of the landmarks. Some suppose them to +be constituted of all the rules and regulations which were in existence +anterior to the revival of Masonry in 1717, and which were confirmed and +adopted by the Grand Lodge of England at that time. Others, more +stringent in their definition, restrict them to the modes of recognition +in use among the fraternity. I am disposed to adopt a middle course, and +to define the Landmarks of Masonry to be, all those usages and customs of +the craft—whether ritual or legislative—whether they relate to forms and +ceremonies, or to the organization of the society—which have existed from +time immemorial, and the alteration or abolition of which would materially +affect the distinctive character of the institution or destroy its +identity. Thus, for example, among the legislative landmarks, I would +enumerate the office of Grand Master as the presiding officer over the +craft, and among the ritual landmarks, the legend of the third degree. But +the laws, enacted from time to time by Grand Lodges for their local +government, no matter how old they may be, do not constitute landmarks, +and may, at any time, be altered or expunged, since the 39th regulation +declares expressly that "every annual Grand Lodge has an inherent power +and authority to make new regulations or to alter these (viz., the +thirty-nine articles) for the real benefit of this ancient fraternity, +provided always that the old landmarks be carefully preserved."</p> +</div> + + + +<div class="book" id="b1"> +<h2>Book First</h2> + +<h3>The Law of Grand Lodges.</h3> + + + +<p>It is proposed in this Book, first to present the reader with a brief +historical sketch of the rise and progress of the system of Grand Lodges; +and then to explain, in the subsequent sections, the mode in which such +bodies are originally organized, who constitute their officers and +members, and what are their acknowledged prerogatives.</p> + + + +<div class="chapter" id="b1-01"> +<h3>Chapter I.</h3> + +<h4>Historical Sketch.</h4> + + +<p>Grand Lodges under their present organization, are, in respect to the +antiquity of the Order, of a comparatively modern date. We hear of no such +bodies in the earlier ages of the institution. Tradition informs us, that +originally it was governed by the despotic authority of a few chiefs. At +the building of the temple, we have reason to believe that King Solomon +exercised an unlimited and irresponsible control over the craft, although +a tradition (not, however, of undoubted authority) says that he was +assisted in his government by the counsel of twelve superintendants, +selected from the twelve tribes of Israel. But we know too little, from +authentic materials, of the precise system adopted at that remote period, +to enable us to make any historical deductions on the subject.</p> + +<p>The first historical notice that we have of the formation of a supreme +controlling body of the fraternity, is in the "Gothic Constitutions"<sup><a href="#fn4">4</a></sup> +which assert that, in the year 287, St. Alban, the protomartyr of England, +who was a zealous patron of the craft, obtained from Carausius, the +British Emperor, "a charter for the Masons to hold a general council, and +gave it the name of assembly." The record further states, that St. Alban +attended the meeting and assisted in making Masons, giving them "good +charges and regulations." We know not, however, whether this assembly ever +met again; and if it did, for how many years it continued to exist. The +subsequent history of Freemasonry is entirely silent on the subject.</p> + +<p>The next general assemblage of the craft, of which the records of +Freemasonry inform us, was that convened in 926, at the city of York, in +England, by Prince Edwin, the brother of King Athelstane, and the grandson +of Alfred the Great. This, we say, was the next general assemblage, +because the Ashmole manuscript, which was destroyed at the revival of +Freemasonry in 1717, is said to have stated that, at that time, the Prince +obtained from his brother, the king, a permission for the craft "to hold a +yearly communication and a general assembly." The fact that such a power +of meeting was then granted, is conclusive that it did not before exist: +and would seem to prove that the assemblies of the craft, authorised by +the charter of Carausius, had long since ceased to be held. This yearly +communication did not, however, constitute, at least in the sense we now +understand it, a Grand Lodge. The name given to it was that of the +"General Assembly of Masons." It was not restricted, as now, to the +Masters and Wardens of the subordinate lodges, acting in the capacity of +delegates or representatives, but was composed, as Preston has observed, +of as many of the fraternity at large as, being within a convenient +distance, could attend once or twice a year, under the auspices of one +general head, who was elected and installed at one of these meetings, and +who, for the time being, received homage as the governor of the whole +body. Any Brethren who were competent to discharge the duty, were allowed, +by the regulations of the Order, to open and hold lodges at their +discretion, at such times and places as were most convenient to them, and +without the necessity of what we now call a Warrant of Constitution, and +then and there to initiate members into the Order.<sup><a href="#fn5">5</a></sup> To the General +Assembly, however, all the craft, without distinction, were permitted to +repair; each Mason present was entitled to take part in the deliberations, +and the rules and regulations enacted were the result of the votes of the +whole body. The General Assembly was, in fact, precisely similar to those +political congregations which, in our modern phraseology, we term "mass +meetings."</p> + +<p>These annual mass meetings or General Assemblies continued to be held, for +many centuries after their first establishment, at the city of York, and +were, during all that period, the supreme judicatory of the fraternity. +There are frequent references to the annual assemblies of Freemasons in +public documents. The preamble to an act passed in 1425, during the reign +of Henry VI., just five centuries after the meeting at York, states that, +"by the <i>yearly congregations</i> and confederacies made by the Masons in +their <i>general assemblies, </i> the good course and effect of the statute of +laborers were openly violated and broken." This act which forbade such +meetings, was, however, never put in force; for an old record, quoted in +the Book of Constitutions, speaks of the Brotherhood having frequented +this "mutual assembly," in 1434, in the reign of the same king. We have +another record of the General Assembly, which was held in York on the 27th +December, 1561, when Queen Elizabeth, who was suspicious of their secrecy, +sent an armed force to dissolve the meeting. A copy is still preserved of +the regulations which were adopted by a similar assembly held in 1663, on +the festival of St. John the Evangelist; and in these regulations it is +declared that the private lodges shall give an account of all their +acceptations made during the year to the General Assembly. Another +regulation, however, adopted at the same time, still more explicitly +acknowledges the existence of a General Assembly as the governing body of +the fraternity. It is there provided, "that for the future, the said +fraternity of Freemasons shall be regulated and governed by one Grand +Master and as many Wardens as the said society shall think fit to appoint +at every Annual General Assembly."</p> + +<p>And thus the interests of the institution continued, until the beginning +of the eighteenth century, or for nearly eight hundred years, to be +entrusted to those General Assemblies of the fraternity, who, without +distinction of rank or office, annually met at York to legislate for the +government of the craft.</p> + +<p>But in 1717, a new organization of the governing head was adopted, which +gave birth to the establishment of a Grand Lodge, in the form in which +these bodies now exist. So important a period in the history of Masonry +demands our special attention.</p> + +<p>After the death, in 1702, of King William, who was himself a Mason, and a +great patron of the craft, the institution began to languish, the lodges +decreased in number, and the General Assembly was entirely neglected for +many years. A few old lodges continued, it is true, to meet regularly, but +they consisted of only a few members.</p> + +<p>At length, on the accession of George I., the Masons of London and its +vicinity determined to revive the annual communications of the society. +There were at that time only four lodges in the south of England, and the +members of these, with several old Brethren, met in February, 1717, at the +Apple Tree Tavern, in Charles street, Covent Garden, and organized by +putting the oldest Master Mason, who was the Master of a lodge, in the +chair; they then constituted themselves into what Anderson calls, "a Grand +Lodge <i>pro tempore;"</i> resolved to hold the annual assembly and feast, and +then to choose a Grand Master.</p> + +<p>Accordingly, on the 24th of June, 1717, the assembly and feast were held; +and the oldest Master of a lodge being in the chair, a list of candidates +was presented, out of which Mr. Anthony Sayer was elected Grand Master, +and Capt. Joseph Elliott and Mr. Jacob Lamball, Grand Wardens.</p> + +<p>The Grand Master then commanded the Masters and Wardens of lodges to meet +the Grand Officers every quarter, in communication, at the place he should +appoint in his summons sent by the Tiler.</p> + +<p>This was, then, undoubtedly, the commencement of that organization of the +Masters and Wardens of lodges into a Grand Lodge, which has ever since +continued to exist.</p> + +<p>The fraternity at large, however, still continued to claim the right of +being present at the annual assembly; and, in fact, at that meeting, their +punctual attendance at the next annual assembly and feast was recommended.</p> + +<p>At the same meeting, it was resolved "that the privilege of assembling as +Masons, which had been hitherto unlimited, should be vested in certain +lodges or assemblies of Masons convened in certain places; and that every +lodge to be hereafter convened, except the four old lodges at this time +existing, should be legally authorized to act by a warrant from the Grand +Master for the time being, granted to certain individuals by petition, +with the consent and approbation of the Grand Lodge in communication; and +that, without such warrant, no lodge should be hereafter deemed regular or +constitutional."</p> + +<p>In consequence of this regulation, several new lodges received Warrants of +Constitution, and their Masters and Wardens were ordered to attend the +communications of the Grand Lodge. The Brethren at large vested all their +privileges in the four old lodges, in trust that they would never suffer +the old charges and landmarks to be infringed; and the old lodges, in +return, agreed that the Masters and Wardens of every new lodge that might +be constituted, should be permitted to share with them all the privileges +of the Grand Lodge, except precedence of rank. The Brethren, says Preston, +considered their further attendance at the meetings of the society +unnecessary after these regulations were adopted; and therefore trusted +implicitly to their Masters and Wardens for the government of the craft; +and thenceforward the Grand Lodge has been composed of all the Masters and +Wardens of the subordinate lodges which constitute the jurisdiction.</p> + +<p>The ancient right of the craft, however, to take a part in the proceedings +of the Grand Lodge or Annual Assembly, was fully acknowledged by a new +regulation, adopted about the same time, in which it is declared that all +alterations of the Constitutions must be proposed and agreed to, at the +third quarterly communication preceding the annual feast, and be offered +also to the perusal of <i>all</i> the Brethren before dinner, <i>even of the +youngest Entered Apprentice</i><sup><a href="#fn6">6</a></sup></p> + +<p>This regulation has, however, (I know not by what right,) become obsolete, +and the Annual Assembly of Masons has long ceased to be held; the Grand +Lodges having, since the beginning of the eighteenth century, assumed the +form and organization which they still preserve, as strictly +representative bodies.</p> +</div> + + +<div class="chapter" id="b1-02"> +<h3>Chapter II.</h3> + +<h4>Of the Mode of Organizing Grand Lodges.</h4> + + + +<p>The topic to be discussed in this section is, the answer to the question, +How shall a Grand Lodge be established in any state or country where such +a body has not previously existed, but where there are subordinate lodges +working under Warrants derived from Grand Lodges in other states? In +answering this question, it seems proper that I should advert to the +course pursued by the original Grand Lodge of England, at its +establishment in 1717, as from that body nearly all the Grand Lodges of +the York rite now in existence derive their authority, either directly or +indirectly, and the mode of its organization has, therefore, universally +been admitted to have been regular and legitimate.</p> + +<p>In the first place, it is essentially requisite that the active existence +of subordinate lodges in a state should precede the formation of a Grand +Lodge; for the former are the only legitimate sources of the latter. A +mass meeting of Masons cannot assemble and organize a Grand Lodge. A +certain number of lodges, holding legal warrants from a Grand Lodge or +from different Grand Lodges, must meet by their representatives and +proceed to the formation of a Grand Lodge. When that process has been +accomplished, the subordinate lodges return the warrants, under which they +had theretofore worked, to the Grand Lodges from which they had originally +received them, and take new ones from the body which they have formed.</p> + +<p>That a mass meeting of the fraternity of any state is incompetent to +organize a Grand Lodge has been definitively settled—not only by general +usage, but by the express action of the Grand Lodges of the United States +which refused to recognize, in 1842, the Grand Lodge of Michigan which had +been thus irregularly established in the preceding year. That unrecognized +body was then dissolved by the Brethren of Michigan, who proceeded to +establish four subordinate lodges under Warrants granted by the Grand +Lodge of New York. These four lodges subsequently met in convention and +organized the present Grand Lodge of Michigan in a regular manner.</p> + +<p>It seems, however, to have been settled in the case of Vermont, that where +a Grand Lodge has been dormant for many years, and all of its subordinates +extinct, yet if any of the Grand Officers, last elected, survive and are +present, they may revive the Grand Lodge and proceed constitutionally to +the exercise of its prerogatives.</p> + +<p>The next inquiry is, as to the number of lodges required to organize a new +Grand Lodge. Dalcho says that <i>five</i> lodges are necessary; and in this +opinion he is supported by the Ahiman Rezon of Pennsylvania, published in +1783 by William Smith, D.D., at that time the Grand Secretary of that +jurisdiction, and also by some other authorities. But no such regulation +is to be found in the Book of Constitutions, which is now admitted to +contain the fundamental law of the institution. Indeed, its adoption would +have been a condemnation of the legality of the Mother Grand Lodge of +England, which was formed in 1717 by the union of only <i>four</i> lodges. The +rule, however, is to be found in the Ahiman Rezon of Laurence Dermott, +which was adopted by the "Grand Lodge of Ancient Freemasons," that seceded +from the lawful Grand Lodge in 1738. But as that body was undoubtedly, +under our present views of masonic law, schismatic and illegal, its +regulations have never been considered by masonic writers as being +possessed of any authority.</p> + +<p>In the absence of any written law upon the subject, we are compelled to +look to precedent for authority; and, although the Grand Lodges in the +United States have seldom been established with a representation of less +than four lodges, the fact that that of Texas was organized in 1837 by the +representatives of only <i>three</i> lodges, and that the Grand Lodge thus +instituted was at once recognized as legal and regular by all its sister +Grand Lodges, seems to settle the question that three subordinates are +sufficient to institute a Grand Lodge.</p> + +<p>Three lodges, therefore, in any territory where a Grand Lodge does not +already exist, may unite in convention and organize a Grand Lodge. It will +then be necessary, that these lodges should surrender the warrants under +which they had been previously working, and take out new warrants from the +Grand Lodge which they have constituted; and, from that time forth, all +masonic authority is vested in the Grand Lodge thus formed.</p> + +<p>The Grand Lodge having been thus constituted, the next inquiries that +suggest themselves are as to its members and its officers, each of which +questions will occupy a distinct discussion.</p> +</div> + + +<div class="chapter" id="b1-03"> +<h3>Chapter III.</h3> + +<h4>Of the Members of a Grand Lodge.</h4> + + + +<p>It is an indisputable fact that the "General Assembly" which met at York +in 926 was composed of all the members of the fraternity who chose to +repair to it; and it is equally certain that, at the first Grand Lodge, +held in 1717, after the revival of Masonry, all the craft who were present +exercised the right of membership in voting for Grand Officers,<sup><a href="#fn7">7</a></sup> and +must, therefore, have been considered members of the Grand Lodge. The +right does not, however, appear to have been afterwards claimed. At this +very assembly, the Grand Master who had been elected, summoned only the +Master and Wardens of the lodges to meet him in the quarterly +communications; and Preston distinctly states, that soon after, the +Brethren of the four old lodges, which had constituted the Grand Lodge, +considered their attendance on the future communications of the society +unnecessary, and therefore concurred with the lodges which had been +subsequently warranted in delegating the power of representation to their +Masters and Wardens, "resting satisfied that no measure of importance +would be adopted without their approbation."</p> + +<p>Any doubts upon the subject were, however, soon put at rest by the +enactment of a positive law. In 1721, thirty-nine articles for the future +government of the craft were approved and confirmed, the twelfth of which +was in the following words:</p> + +<p>"The Grand Lodge consists of, and is formed by, the Masters and Wardens of +all the regular particular lodges upon record, with the Grand Master at +their head, and his Deputy on his left hand, and the Grand Wardens in +their proper places."</p> + +<p>From time to time, the number of these constituents of a Grand Lodge were +increased by the extension of the qualifications for membership. Thus, in +1724, Past Grand Masters, and in 1725, Past Deputy Grand Masters, were +admitted as members of the Grand Lodge. Finally it was decreed that the +Grand Lodge should consist of the four present and all past grand +officers; the Grand Treasurer, Secretary, and Sword-Bearer; the Master, +Wardens, and nine assistants of the Grand Stewards' lodge, and the Masters +and Wardens of all the regular lodges.</p> + +<p>Past Masters were not at first admitted as members of the Grand Lodge. +There is no recognition of them in the old Constitutions. Walworth thinks +it must have been after 1772 that they were introduced.<sup><a href="#fn8">8</a></sup> I have extended +my researches to some years beyond that period, without any success in +finding their recognition as members under the Constitution of England. It +is true that, in 1772, Dermott prefixed a note to his edition of the +Ahiman Rezon, in which he asserts that "Past Masters of warranted lodges +on record are allowed this privilege (of membership) whilst they continue +to be members of any regular lodge." And it is, doubtless, on this +imperfect authority, that the Grand Lodges of America began at so early a +period to admit their Past Masters to seats in the Grand Lodge. In the +authorized Book of Constitutions, we find no such provision. Indeed, +Preston records that in 1808, at the laying of the foundation-stone of the +Covent Garden Theatre, by the Prince of Wales, as Grand Master, "the Grand +Lodge was opened by Charles Marsh, Esq., attended by the <i>Masters and +Wardens</i> of all the regular lodges;" and, throughout the description of +the ceremonies, no notice is taken of Past Masters as forming any part of +the Grand Lodge. The first notice that we have been enabled to obtain of +Past Masters, as forming any part of the Grand Lodge of England, is in the +"Articles of Union between the two Grand Lodges of England," adopted in +1813, which declare that the Grand Lodge shall consist of the Grand and +Past Grand Officers, of the actual Masters and Wardens of all the +warranted lodges, and of the "Past Masters of Lodges who have regularly +served and passed the chair before the day of Union, and who continued, +without secession, regular contributing members of a warranted lodge." But +it is provided, that after the decease of all these ancient Past Masters, +the representation of every lodge shall consist of its Master and Wardens, +and one Past Master only. There is, I presume, no doubt that, from 1772, +Past Masters had held a seat in the Athol Grand Lodge of Ancient Masons, +and that they did not in the original Grand Lodge, is, I believe, a fact +equally indisputable. By the present constitutions of the United Grand +Lodge of England, Past Masters are members of the Grand Lodge, while they +continue subscribing members of a private lodge. In some of the Grand +Lodges of the United States, Past Masters have been permitted to retain +their membership, while in others, they have been disfranchised.</p> + +<p>On the whole, the result of this inquiry seems to be, that Past Masters +have no inherent right, derived from the ancient landmarks, to a seat in +the Grand Lodge; but as every Grand Lodge has the power, within certain +limits, to make regulations for its own government, it may or may not +admit them to membership, according to its own notion of expediency.</p> + +<p>Some of the Grand Lodges have not only disfranchised Past Masters but +Wardens also, and restricted membership only to acting Masters. This +innovation has arisen from the fact that the payment of mileage and +expenses to three representative would entail a heavy burden on the +revenue of the Grand Lodge. The reason may have been imperative; but in +the practice, pecuniary expediency has been made to override an ancient +usage.</p> + +<p>In determining, then, who are the constitutional members of a Grand Lodge, +deriving their membership from inherent right, I should say that they are +the Masters and Wardens of all regular lodges in the jurisdiction, with +the Grand Officers chosen by them. All others, who by local regulations +are made members, are so only by courtesy, and not by prescription or +ancient law.</p> +</div> + + +<div class="chapter" id="b1-04"> +<h3>Chapter IV.</h3> + +<h4>Of the Officers of a Grand Lodge.</h4> + + + +<p>The officers of a Grand Lodge may be divided into two classes, <i>essential</i> +and <i>accidental</i>, or, as they are more usually called, <i>Grand</i> and +<i>Subordinate</i>. The former of these classes are, as the name imports, +essential to the composition of a Grand Lodge, and are to be found in +every jurisdiction, having existed from the earliest times. They are the +Grand and Deputy Grand Masters, the Grand Wardens, Grand Treasurer, and +Grand Secretary. The Grand Chaplain is also enumerated among the Grand +Officers, but the office is of comparatively modern date.</p> + +<p>The subordinate officers of a Grand Lodge consist of the Deacons, Marshal, +Pursuivant, or Sword-Bearer, Stewards, and others, whose titles and duties +vary in different jurisdictions. I shall devote a separate section to the +consideration of the duties of each and prerogatives of these officers.</p> + + +<div class="sec" id="b1-04-01"> +<h3>Section I.</h3> + +<h5><i>Of the Grand Master.</i></h5> + + +<p>The office of Grand Master of Masons has existed from the very origin of +the institution; for it has always been necessary that the fraternity +should have a presiding head. There have been periods in the history of +the institution when neither Deputies nor Grand Wardens are mentioned, but +there is no time in its existence when it was without a Grand Master; and +hence Preston, while speaking of that remote era in which the fraternity +was governed by a General Assembly, says that this General Assembly or +Grand Lodge "was not then restricted, as it is now understood to be, to +the Masters and Wardens of private lodges, with the Grand Master and his +Wardens at their head; it consisted of as many of the Fraternity <i>at +large</i> as, being within a convenient distance, could attend, once or twice +in a year, under the auspices of one general head, who was elected and +installed at one of these meetings; and who for the time being received +homage as the sole governor of the whole body."<sup><a href="#fn9">9</a></sup> The office is one of +great honour as well as power, and has generally been conferred upon some +individual distinguished by an influential position in society; so that +his rank and character might reflect credit upon the craft.<sup><a href="#fn10">10</a></sup></p> + +<p>The Grand Mastership is an elective office, the election being annual and +accompanied with impressive ceremonies of proclamation and homage made to +him by the whole craft. Uniform usage, as well as the explicit declaration +of the General Regulations,<sup><a href="#fn11">11</a></sup> seems to require that he should be +installed by the last Grand Master. But in his absence the Deputy or some +Past Grand Master may exercise the functions of installation or +investiture. In the organization of a new Grand Lodge, ancient precedent +and the necessity of the thing will authorize the performance of the +installation by the Master of the oldest lodge present, who, however, +exercises, <i>pro hac vice</i>, the prerogatives and assumes the place of a +Grand Master.</p> + +<p>The Grand Master possesses a great variety of prerogatives, some of which +are derived from the "lex non scripta," or ancient usage; and others from +the written or statute law of Masonry.<sup><a href="#fn12">12</a></sup></p> + +<p>I. He has the right to convene the Grand Lodge whenever he pleases, and to +preside over its deliberation. In the decision of all questions by the +Grand Lodge he is entitled to two votes. This is a privilege secured to +him by Article XII. of the General Regulations.</p> + +<p>It seems now to be settled, by ancient usage as well as the expressed +opinion of the generality of Grand Lodges and of masonic writers, that +there is no appeal from his decision. In June, 1849, the Grand Master of +New York, Bro. Williard, declared an appeal to be out of order and refused +to submit it to the Grand Lodge. The proceedings on that eventful occasion +have been freely discussed by the Grand Lodges of the United States, and +none of them have condemned the act of the Grand Master, while several +have sustained it in express terms. "An appeal," say the Committee of +Correspondence of Maryland, "from the decision of the Grand Master is an +anomaly at war with every principle of Freemasonry, and as such, not for +a moment to be tolerated or countenanced."<sup><a href="#fn13">13</a></sup> This opinion is also +sustained by the Committee of the Grand Lodge of Florida in the year 1851, +and at various times by other Grand Lodges. On the other hand, several +Grand Lodges have made decisions adverse to this prerogative, and the +present regulations of the Grand Lodge of England seem, by a fair +interpretation of their phraseology, to admit of an appeal from the Grand +Master. Still the general opinion of the craft in this country appears to +sustain the doctrine, that no appeal can be made from the decision of that +officer. And this doctrine has derived much support in the way of analogy +from the report adopted by the General Grand Chapter of the United States, +declaring that no appeal could lie from the decision of the presiding +officer of any Royal Arch body.</p> + +<p>Since we have enunciated this doctrine as masonic law, the question next +arises, in what manner shall the Grand Master be punished, should he abuse +his great prerogative? The answer to this question admits of no doubt. It +is to be found in a regulation, adopted in 1721, by the Grand Lodge of +England, and is in these words:—"If the Grand Master should abuse his +great power, and render himself unworthy of the obedience and submission +of the Lodges, he shall be treated in a way and manner to be agreed upon +in a new regulation." But the same series of regulations very explicitly +prescribe, how this new regulation is to be made; namely, it is to be +"proposed and agreed to at the third quarterly communication preceding the +annual Grand Feast, and offered to the perusal of all the Brethren before +dinner, in writing, even of the youngest entered apprentice; the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory."<sup><a href="#fn14">14</a></sup> This +mode of making a new regulation is explicitly and positively +prescribed—it can be done in no other way—and those who accept the old +regulations as the law of Masonry, must accept this provision with them. +This will, in the present organization of many Grand Lodges, render it +almost impracticable to make such a new regulation, in which case the +Grand Master must remain exempt from other punishment for his misdeeds, +than that which arises from his own conscience, and the loss of his +Brethren's regard and esteem.</p> + +<p>II. The power of granting dispensations is one of the most important +prerogatives of the Grand Master. A dispensation may be defined to be an +exemption from the observance of some law or the performance of some duty. +In Masonry, no one has the authority to grant this exemption, except the +Grand Master; and, although the exercise of it is limited within the +observance of the ancient landmarks, the operation of the prerogative is +still very extensive. The dispensing power may be exercised under the +following circumstances:</p> + +<p>1. The fourth old Regulation prescribes that "no lodge shall make more +than five new Brothers at one and the same time without an urgent +necessity."<sup><a href="#fn15">15</a></sup> But of this necessity the Grand Master may judge, and, on +good and sufficient reason being shown, he may grant a dispensation +enabling any lodge to suspend this regulation and make more than five new +Brothers.</p> + +<p>2. The next regulation prescribes "that no one can be accepted a member of +a particular lodge without previous notice, one month before given to the +lodge, in order to make due inquiry into the reputation and capacity of +the candidate." But here, also, it is held that, in a suitable case of +emergency, the Grand Master may exercise his prerogative and dispense with +this probation of one month, permitting the candidate to be made on the +night of his application.</p> + +<p>3. If a lodge should have omitted for any causes to elect its officers or +any of them on the constitutional night of election, or if any officer so +elected shall have died, been deposed or removed from the jurisdiction +subsequent to his election, the Grand Master may issue a dispensation +empowering the lodge to proceed to an election or to fill the vacancy at +any other specified communication; but he cannot grant a dispensation to +elect a new master in consequence of the death or removal of the old one, +while the two Wardens or either of them remain—because the Wardens +succeed by inherent right and in order of seniority to the vacant +mastership. And, indeed, it is held that while one of the three officers +remains, no election can be held, even by dispensation, to fill the other +two places, though vacancies in them may have occurred by death or +removal.</p> + +<p>4. The Grand Master may grant a dispensation empowering a lodge to elect +a Master from among the members on the floor; but this must be done only +when every Past Master, Warden, and Past Warden of the lodge has refused +to serve,<sup><a href="#fn16">16</a></sup> because ordinarily a requisite qualification for the +Mastership is, that the candidate shall, previously, have served in the +office of Warden.</p> + +<p>5. In the year 1723 a regulation was adopted, prescribing "that no Brother +should belong to more than one lodge within the bills of mortality." +Interpreting the last expression to mean three miles—which is now +supposed to be the geographical limit of a lodge's jurisdiction, this +regulation may still be considered as a part of the law of Masonry; but in +some Grand Lodges, as that of South Carolina, for instance, the Grand +Master will sometimes exercise his prerogative, and, dispensing with this +regulation, permit a Brother to belong to two lodges, although they may be +within three miles of each other.</p> + +<p>6. But the most important power of the Grand Master connected with his +dispensing prerogative is, that of constituting new lodges. It has +already been remarked that, anciently, a warrant was not required for the +formation of a lodge, but that a sufficient number of Masons, met together +within a certain limit, were empowered, with the consent of the sheriff or +chief magistrate of the place, to make Masons and practice the rites of +Masonry, without such warrant of Constitution. But, in the year 1717, it +was adopted as a regulation, that every lodge, to be thereafter convened, +should be authorised to act by a warrant from the Grand Master for the +time being, granted to certain persons by petition, with the consent and +approbation of the Grand Lodge in communication. Ever since that time, no +lodge has been considered as legally established, unless it has been +constituted by the authority of the Grand Master. In the English +Constitutions, the instrument thus empowering a lodge to meet, is called, +when granted by the Grand Master, a Warrant of Constitution. It is granted +by the Grand Master and not by the Grand Lodge. It appears to be a final +instrument, notwithstanding the provision enacted in 1717, requiring the +consent and approbation of the Grand Lodge; for in the Constitution of the +United Grand Lodge of England, there is no allusion whatever to this +consent and approbation.</p> + +<p>But in this country, the process is somewhat different, and the Grand +Master is deprived of a portion of his prerogative. Here, the instrument +granted by the Grand Master is called a Dispensation. The lodge receiving +it is not admitted into the register of lodges, nor is it considered as +possessing any of the rights and privileges of a lodge, except that of +making Masons, until a Warrant of Constitution is granted by the Grand +Lodge. The ancient prerogative of the Grand Master is, however, preserved +in the fact, that after a lodge has been thus warranted by the Grand +Lodge, the ceremony of constituting it, which embraces its consecration +and the installation of its officers, can only be performed by the Grand +Master in person, or by his special Deputy appointed for that purpose.<sup><a href="#fn17">17</a></sup></p> + +<p>III. The third prerogative of the Grand Master is that of visitation. He +has a right to visit any lodge within his jurisdiction at such times as he +pleases, and when there to preside; and it is the duty of the Master to +offer him the chair and his gavel, which the Grand Master may decline or +accept at his pleasure. This prerogative admits of no question, as it is +distinctly declared in the first of the Thirty-nine Regulations, adopted +in 1721, in the following words:—</p> + +<p>"The Grand Master or Deputy has full authority and right, not only to be +present, but to preside in every lodge, with the Master of the lodge on +his left hand, and to order his Grand Wardens to attend him, who are not +to act as Wardens of particular lodges, but in his presence and at his +command; for the Grand Master, while in a particular lodge, may command +the Wardens of that lodge, or any other Master Masons, to act as his +Wardens, <i>pro tempore</i>."</p> + +<p>But in a subsequent regulation it was provided, that as the Grand Master +cannot deprive the Grand Wardens of that office without the consent of the +Grand Lodge, he should appoint no other persons to act as Wardens in his +visitation to a private lodge, unless the Grand Wardens were absent. This +whole regulation is still in existence.</p> + +<p>The question has been lately mooted, whether, if the Grand Master declines +to preside, he does not thereby place himself in the position of a +private Brother, and become subject, as all the others present, to the +control of the Worshipful Master. I answer, that of course he becomes +subject to and must of necessity respect those rules of order and decorum +which are obligatory on all good men and Masons; but that he cannot, by +the exercise of an act of courtesy in declining to preside, divest himself +of his prerogative, which, moreover, he may at any time during the evening +assume, and demand the gavel. The Grand Master of Masons can, under no +circumstances, become subject to the decrees and orders of the Master of a +particular lodge.</p> + +<p>IV. Another prerogative of the Grand Master is that of appointment; which, +however, in this country, has been much diminished. According to the old +regulations, and the custom is still continued in the Constitutions of the +Grand Lodge of England, the Grand Master has the right of appointing his +Deputy and Wardens. In the United States, the office has been shorn of +this high prerogative, and these Officers are elected by the Grand Lodge. +The Deputy, however, is still appointed by the Grand Master, in some of +the States, as Massachusetts, North Carolina, Wisconsin, and Texas. The +appointment of the principal subordinate officers, is also given to the +Grand Master by the American Grand Lodges.</p> + +<p>V. The last and most extraordinary power of the Grand Master, is that of +<i>making Masons at sight</i>.</p> + +<p>The power to "make Masons at sight" is a technical term, which may be +defined to be the power to initiate, pass, and raise candidates by the +Grand Master, in a lodge of emergency, or as it is called in the Book of +Constitutions, "an occasional lodge," especially convened by him, and +consisting of such Master Masons as he may call together for that purpose +only—the lodge ceasing to exist as soon as the initiation, passing, or +raising, has been accomplished and the Brethren have been dismissed by the +Grand Master.</p> + +<p>Whether such a power is vested in the Grand Master, is a question that, +within the last few years, has been agitated with much warmth, by some of +the Grand Lodges of this country; but I am not aware that, until very +lately, the prerogative was ever disputed.<sup><a href="#fn18">18</a></sup></p> + +<p>In the Book of Constitutions, however, several instances are furnished of +the exercise of this right by various Grand Masters.</p> + +<p>In 1731, Lord Lovel being Grand Master, he "formed an occasional lodge at +Houghton Hall, Sir Robert Walpole's House in Norfolk," and there made the +Duke of Lorraine, afterwards Emperor of Germany, and the Duke of +Newcastle, Master Masons.<sup><a href="#fn19">19</a></sup></p> + +<p>I do not quote the case of the initiation, passing, and raising of +Frederick, Prince of Wales, in 1737, which was done in "an occasional +lodge," over which Dr. Desaguliers presided,<sup><a href="#fn20">20</a></sup> because as Desaguliers +was not the Grand Master, nor even, as has been incorrectly stated by the +New York Committee of Correspondence, Deputy Grand Master, but only a Past +Grand Master, it cannot be called <i>a making at sight</i>. He most probably +acted under the dispensation of the Grand Master, who at that time was the +Earl of Darnley.</p> + +<p>But in 1766, Lord Blaney, who was then Grand Master, convened "an +occasional lodge" and initiated, passed, and raised the Duke of +Gloucester.<sup><a href="#fn21">21</a></sup></p> + +<p>Again in 1767, John Salter, the Deputy, then acting as Grand Master, +convened "an occasional lodge," and conferred the three degrees on the +Duke of Cumberland.<sup><a href="#fn22">22</a></sup></p> + +<p>In 1787, the Prince of Wales was made a Mason "at an occasional lodge, +convened," says Preston, "for the purpose, at the Star and Garter, Pall +Mall, over which the Duke of Cumberland, (Grand Master) presided in +person."<sup><a href="#fn23">23</a></sup></p> + +<p>But it is unnecessary to multiply instances of the right, exercised by +former Grand Masters, of congregating occasional lodges, and making Masons +at sight. It has been said, however, by the oppugners of this prerogative, +that these "occasional lodges" were only special communications of the +Grand Lodge, and the "makings" are thus supposed to have taken place under +the authority of that body, and not of the Grand Master. The facts, +however, do not sustain this position. Throughout the Book of +Constitutions, other meetings, whether regular or special, are distinctly +recorded as meetings of the Grand Lodge, while these "occasional lodges" +appear only to have been convened by the Grand Master, for the purpose of +making Masons. Besides, in many instances, the lodge was held at a +different place from that of the Grand Lodge, and the officers were not, +with the exception of the Grand Master, the officers of the Grand Lodge. +Thus the occasional lodge, which initiated the Duke of Lorraine, was held +at the residence of Sir Robert Walpole, in Norfolk, while the Grand Lodge +always met in London. In 1766, the Grand Lodge held its communications at +the Crown and Anchor; but the occasional lodge, which, in the same year, +conferred the degrees on the Duke of Gloucester, was convened at the Horn +Tavern. In the following year, the lodge which initiated the Duke of +Cumberland was convened at the Thatched House Tavern, the Grand Lodge +continuing to meet at the Crown and Anchor.</p> + +<p>This may be considered very conclusive evidence of the existence of the +prerogative of the Grand Master, which we are now discussing, but the +argument <i>à fortiori</i>, drawn from his dispensing power, will tend to +confirm the doctrine.</p> + +<p>No one doubts or denies the power of the Grand Master to constitute new +lodges by dispensation. In 1741, the Grand Lodge of England forgot it for +a moment, and adopted a new regulation, that no new lodge should be +constituted until the consent of the Grand Lodge had been first obtained, +"But this order, afterwards appearing," says the Book of +Constitutions,<sup><a href="#fn24">24</a></sup> "to be an infringement on the prerogative of the Grand +Master, and to be attended with many inconveniences and with damage to the +craft, was repealed."</p> + +<p>It is, then, an undoubted prerogative of the Grand Master to constitute +lodges by dispensation, and in these lodges, so constituted, Masons may be +legally entered, passed, and raised. This is done every day. Seven Master +Masons, applying to the Grand Master, he grants them a dispensation, under +authority of which they proceed to open and hold a lodge, and to make +Masons. This lodge is, however, admitted to be the mere creature of the +Grand Master, for it is in his power, at any time, to revoke the +dispensation he had granted, and thus to dissolve the lodge.</p> + +<p>But, if the Grand Master has the power thus to enable others to confer the +degrees and make Masons by his individual authority out of his presence, +are we not permitted to argue <i>à fortiori</i> that he has also the right of +congregating seven Brethren and causing a Mason, to be made in his sight? +Can he delegate a power to others which he does not himself possess? And +is his calling together "an occasional lodge," and making, with the +assistance of the Brethren thus assembled, a Mason "at sight," that is to +say, in his presence, anything more or less than the exercise of his +dispensing power, for the establishment of a lodge under dispensation, for +a temporary period, and for a special purpose. The purpose having been +effected, and the Mason having been made, he revokes his dispensation, and +the lodge is dismissed. If we assumed any other ground than this, we +should be compelled to say, that though the Grand Master might authorise +others to make Masons, when he was absent, as in the usual case of lodges +under dispensation yet the instant that he attempted to convey the same +powers to be exercised in his presence, and under his personal +supervision, his authority would cease. This course of reasoning would +necessarily lead to a contradiction in terms, if not to an actual +absurdity.</p> + +<p>It is proper to state, in conclusion, that the views here set forth are +not entertained by the very able Committee of Foreign Correspondence of +the Grand Lodge of Florida, who only admit the power of the Grand Master +to make Masons in the Grand Lodge. On the other hand, the Grand Lodge of +Wisconsin, at its last communication, adopted a report, asserting "that +the Grand Master has the right to make Masons at sight, in cases which he +may deem proper"—and the Committee of Correspondence of New York +declares, that "since the time when the memory of man runneth not to the +contrary, Grand Masters have enjoyed the privilege of making Masons at +sight, without any preliminaries, and at any suitable time or place."</p> + +<p>The opinions of the two last quoted Grand Lodges embody the general +sentiment of the Craft on this subject.<sup><a href="#fn25">25</a></sup> But although the prerogative +is thus almost universally ceded to Grand Masters, there are many very +reasonable doubts as to the expediency of its exercise, except under +extraordinary circumstances of emergency.</p> + +<p>In England, the practice has generally been confined to the making of +Princes of the Royal Family, who, for reasons of state, were unwilling to +reduce themselves to the level of ordinary candidates and receive their +initiation publicly in a subordinate lodge.</p> + +<p>But in the exercise of this prerogative, the Grand Master cannot dispense +with any of the requisite forms of initiation, prescribed by the oral laws +of the Order. He cannot communicate the degrees, but must adhere to all +the established ceremonies—the conferring of degrees by "communication" +being a form unknown to the York rite. He must be assisted by the number +of Brethren necessary to open and hold a lodge. Due inquiry must be made +into the candidate's character, (though the Grand Master may, as in a case +of emergency, dispense with the usual probation of a month). He cannot +interfere with the business of a regular lodge, by making one whom it had +rejected, nor finishing one which it had commenced. Nor can he confer the +three degrees, at one and the same communication. In short, he must, in +making Masons at sight, conform to the ancient usages and landmarks of the +Order.</p> +</div> + +<div class="sec" id="b1-04-02"> +<h4>Section II.</h4> + +<h5><i>The Deputy Grand Master.</i></h5> + + +<p>The office of Deputy Grand Master is one of great dignity, but not of much +practical importance, except in case of the absence of the Grand Master, +when he assumes all the prerogatives of that officer. Neither is the +office, comparatively speaking, of a very ancient date. At the first +reorganization of the Grand Lodge in 1717, and for two or three years +afterwards, no Deputy was appointed, and it was not until 1721 that the +Duke of Montagu conferred the dignity on Dr. Beal. Originally the Deputy +was intended to relieve the Grand Master of all the burden and pressure of +business, and the 36th of the Regulations, adopted in 1721, states that "a +Deputy is said to have been always needful when the Grand Master was nobly +born," because it was considered as a derogation from the dignity of a +nobleman to enter upon the ordinary business of the craft. Hence we find, +among the General Regulations, one which sets forth this principle in the +following words:</p> + +<p>"The Grand Master should not receive any private intimations of business, +concerning Masons and Masonry, but from his Deputy first, except in such +cases as his worship can easily judge of; and if the application to the +Grand Master be irregular, his worship can order the Grand Wardens, or any +other so applying, to wait upon the Deputy, who is immediately to prepare +the business, and to lay it orderly before his worship."</p> + +<p>The Deputy Grand Master exercises, in the absence of the Grand Master, all +the prerogatives and performs all the duties of that officer. But he does +so, not by virtue of any new office that he has acquired by such absence, +but simply in the name of and as the representative of the Grand Master, +from whom alone he derives all his authority. Such is the doctrine +sustained in all the precedents recorded in the Book of Constitutions.</p> + +<p>In the presence of the Grand Master, the office of Deputy is merely one of +honour, without the necessity of performing any duties, and without the +power of exercising any prerogatives.</p> + +<p>There cannot be more than one Deputy Grand Master in a jurisdiction; so +that the appointment of a greater number, as is the case in some of the +States, is a manifest innovation on the ancient usages. District Deputy +Grand Masters, which officers are also a modern invention of this +country, seem to take the place in some degree of the Provincial Grand +Masters of England, but they are not invested with the same prerogatives. +The office is one of local origin, and its powers and duties are +prescribed by the local regulations of the Grand Lodge which may have +established it.</p> +</div> + +<div class="sec" id="b1-04-03"> +<h4>Section III.</h4> + +<h5><i>Of the Grand Wardens.</i></h5> + + +<p>The Senior and Junior Grand Wardens were originally appointed, like the +Deputy, by the Grand Master, and are still so appointed in England; but in +this country they are universally elected by the Grand Lodge. Their duties +do not materially differ from those performed by the corresponding +officers in a subordinate lodge. They accompany the Grand Master in his +visitations, and assume the stations of the Wardens of the lodge visited.</p> + +<p>According to the regulations of 1721, the Master of the oldest lodge +present was directed to take the chair of the Grand Lodge in the absence +of both the Grand Master and Deputy; but this was found to be an +interference with the rights of the Grand Wardens, and it was therefore +subsequently declared that, in the absence of the Grand Master and Deputy, +the last former Grand Master or Deputy should preside. But if no Past +Grand or Past Deputy Grand Master should be present, then the Senior Grand +Warden was to fill the chair, and, in his absence, the Junior Grand +Warden, and lastly, in absence of both these, then the oldest +Freemason<sup><a href="#fn26">26</a></sup> who is the present Master of a lodge. In this country, +however, most of the Grand Lodges have altered this regulation, and the +Wardens succeed according to seniority to the chair of the absent Grand +Master and Deputy, in preference to any Past Grand Officer.</p> +</div> + +<div class="sec" id="b1-04-04"> +<h4>Section IV.</h4> + +<h5><i>Of the Grand Treasurer.</i></h5> + + +<p>The office of Grand Treasurer was first established in 1724, in +consequence of a report of the Committee of Charity of the Grand Lodge of +England. But no one was found to hold the trust until the 24th of June, +1727, when, at the request of the Grand Master, the appointment was +accepted by Nathaniel Blackerby, Deputy Grand Master. The duties of the +office do not at all differ from those of a corresponding one in every +other society; but as the trust is an important one in a pecuniary view, +it has generally been deemed prudent that it should only be committed to +"a brother of good worldly substance," whose ample means would place him +beyond the chances of temptation.</p> + +<p>The office of Grand Treasurer has this peculiarity, that while all the +other officers below the Grand Master were originally, and still are in +England, appointed, that alone was always elective.</p> +</div> + +<div class="sec" id="b1-04-05"> +<h4>Section V.</h4> + +<h5><i>Of the Grand Secretary.</i></h5> + + +<p>This is one of the most important offices in the Grand Lodge, and should +always be occupied by a Brother of intelligence and education, whose +abilities may reflect honor on the institution of which he is the +accredited public organ. The office was established in the year 1723, +during the Grand Mastership of the Duke of Wharton, previous to which +time the duties appear to have been discharged by the Grand Wardens.</p> + +<p>The Grand Secretary not only records the proceedings of the Grand Lodge, +but conducts its correspondence, and is the medium through whom all +applications on masonic subjects are to be made to the Grand Master, or +the Grand Lodge.</p> + +<p>According to the regulations of the Grand Lodges of England, New York and +South Carolina, the Grand Secretary may appoint an assistant, who is not, +however, by virtue of such appointment, a member of the Grand Lodge. The +same privilege is also extended in South Carolina to the Grand Treasurer.</p> +</div> + +<div class="sec" id="b1-04-06"> +<h4>Section VI.</h4> + +<h5><i>Of the Grand Chaplain.</i></h5> + + +<p>This is the last of the Grand Offices that was established, having been +instituted on the 1st of May, in the year 1775. The duties are confined to +the reading of prayers, and other sacred portions of the ritual, in +consecrations, dedications, funeral services, etc. The office confers no +masonic authority at all, except that of a seat and a vote in the Grand +Lodge.</p> +</div> + +<div class="sec" id="b1-04-07"> +<h4>Section VII.</h4> + +<h5><i>Of the Grand Deacons.</i></h5> + + +<p>But little need be said of the Grand Deacons. Their duties correspond to +those of the same officers in subordinate lodges. The office of the +Deacons, even in a subordinate lodge, is of comparatively modern +institution. Dr. Oliver remarks that they are not mentioned in any of the +early Constitutions of Masonry, nor even so late as 1797, when Stephen +Jones wrote his "Masonic Miscellanies," and he thinks it "satisfactorily +proved that Deacons were not considered necessary, in working the business +of a lodge, before the very latter end of the eighteenth century."<sup><a href="#fn27">27</a></sup></p> + +<p>But although the Deacons are not mentioned in the various works published +previous to that period, which are quoted by Dr. Oliver, it is +nevertheless certain that the office existed at a time much earlier than +that which he supposes. In a work in my possession, and which is now lying +before me, entitled "Every Young Man's Companion, etc., by W. Gordon, +Teacher of the Mathematics," sixth edition printed at London, in 1777, +there is a section, extending from page 413 to page 426, which is +dedicated to the subject of Freemasonry and to a description of the +working of a subordinate lodge. Here the Senior and Junior Deacons are +enumerated among the officers, their exact positions described and their +duties detailed, differing in no respect from the explanations of our own +ritual at the present day. The positive testimony of this book must of +course outweigh the negative testimony of the authorities quoted by +Oliver, and shows the existence in England of Deacons in the year 1777 at +least.</p> + +<p>It is also certain that the office of Deacon claims an earlier origin in +America than the "very latter end of the eighteenth century;" and, as an +evidence of this, it may be stated that, in the "Ahiman Rezon" of +Pennsylvania, published in 1783, the Grand Deacons are named among the +officers of the Grand Lodge, "as particular assistants to the Grand +Master and Senior Warden, in conducting the business of the Lodge." They +are to be found in all Grand Lodges of the York Rite, and are usually +appointed, the Senior by the Grand Master, and the Junior by the Senior +Grand Warden.</p> +</div> + +<div class="sec" id="b1-04-08"> +<h4>Section VIII.</h4> + +<h5><i>Of the Grand Marshal.</i></h5> + + +<p>The <i>Grand Marshal</i>, as an officer of convenience, existed from an early +period. We find him mentioned in the procession of the Grand Lodge, made +in 1731, where he is described as carrying "a truncheon, blue, tipped with +gold," insignia which he still retains. He takes no part in the usual work +of the Lodge; but his duties are confined to the proclamation of the Grand +Officers at their installation, and to the arrangement and superintendence +of public processions.</p> + +<p>The Grand Marshal is usually appointed by the Grand Master.</p> +</div> + +<div class="sec" id="b1-04-09"> +<h4>Section IX.</h4> + +<h5><i>Of the Grand Stewards.</i></h5> + + +<p>The first mention that is made of Stewards is in the Old Regulations, +adopted in 1721. Previous to that time, the arrangements of the Grand +Feast were placed in the hands of the Grand Wardens; and it was to relieve +them of this labor that the regulation was adopted, authorizing the Grand +Master, or his Deputy, to appoint a certain number of Stewards, who were +to act in concert with the Grand Wardens. In 1728, it was ordered that the +number of Stewards to be appointed should be twelve. In 1731, a regulation +was adopted, permitting the Grand Stewards to appoint their successors. +And, in 1735, the Grand Lodge ordered, that, "in consideration of their +past service and future usefulness," they should be constituted a Lodge of +Masters, to be called the Stewards' Lodge, which should have a registry in +the Grand Lodge list, and exercise the privilege of sending twelve +representatives. This was the origin of that body now known in the +Constitutions of the Grand Lodges of England and New York,<sup><a href="#fn28">28</a></sup> as the +Grand Stewards' Lodge, although it has been very extensively modified in +its organization. In New York, it is now no more than a Standing Committee +of the Grand Lodge; and in England, although it is regularly constituted, +as a Lodge of Master Masons, it is by a special regulation deprived of all +power of entering, passing, or raising Masons. In other jurisdictions, the +office of Grand Stewards is still preserved, but their functions are +confined to their original purpose of preparing and superintending the +Grand Feast.</p> + +<p>The appointment of the Grand Stewards should be most appropriately vested +in the Junior Grand Warden.</p> +</div> + +<div class="sec" id="b1-04-10"> +<h4>Section X.</h4> + +<h5><i>Of the Grand Sword-Bearer.</i></h5> + + +<p><i>Grand Sword-Bearer.</i>—It was an ancient feudal custom, that all great +dignitaries should have a sword of state borne before them, as the +insignia of their dignity. This usage has to this day been preserved in +the Masonic Institution, and the Grand Master's sword of state is still +borne in all public processions by an officer specially appointed for that +purpose. Some years after the reorganization of the Grand Lodge of +England, the sword was borne by the Master of the Lodge to which it +belonged; but, in 1730, the Duke of Norfolk, being then Grand Master, +presented to the Grand Lodge the sword of Gustavus Adolphus, King of +Sweden, which had afterwards been used in war by Bernard, Duke of Saxe +Weimar, and which the Grand Master directed should thereafter be adopted +as his sword of state. In consequence of this donation, the office of +Grand Sword-Bearer was instituted in the following year. The office is +still retained; but some Grand Lodges have changed the name to that of +<i>Grand Pursuivant</i>.</p> +</div> + +<div class="sec" id="b1-04-11"> +<h4>Section XI.</h4> + +<h5><i>Of the Grand Tiler.</i></h5> + + +<p>It is evident from the Constitutions of Masonry, as well as from the +peculiar character of the institution, that the office of Grand Tiler must +have existed from the very first organization of a Grand Lodge. As, from +the nature of the duties that he has to perform, the Grand Tiler is +necessarily excluded from partaking of the discussions, or witnessing the +proceedings of the Grand Lodge, it has very generally been determined, +from a principle of expediency, that he shall not be a member of the Grand +Lodge during the term of his office.</p> + +<p>The Grand Tiler is sometimes elected by the Grand Lodge, and sometimes +appointed by the Grand Master.</p> +</div></div> + + +<div class="chapter" id="b1-05"> +<h3>Chapter V.</h3> + +<h4>Of the Powers and Prerogatives of a Grand Lodge.</h4> + + +<div class="sec" id="b1-05-01"> +<h4>Section I.</h4> + +<h5><i>General View.</i></h5> + + +<p>The necessary and usual officers of a Grand Lodge having been described, +the rights, powers, and prerogatives of such a body is the next subject of +our inquiry.</p> + +<p>The foundation-stone, upon which the whole superstructure of masonic +authority in the Grand Lodge is built, is to be found in that conditional +clause annexed to the thirty-eight articles, adopted in 1721 by the Masons +of England, and which is in these words:</p> + +<p>"Every annual Grand Lodge has an inherent power and authority to make new +regulations, or to alter these for the real benefit of this ancient +fraternity; PROVIDED ALWAYS THAT THE OLD LANDMARKS BE CAREFULLY +PRESERVED; and that such alterations and new regulations be proposed and +agreed to at the third quarterly communication preceding the annual Grand +Feast; and that they be offered also to the perusal of all the Brethren +before dinner, in writing, even of the youngest Entered Apprentice: the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory."</p> + +<p>The expression which is put in capitals—"provided always that the old +landmarks be carefully preserved"—is the limiting clause which must be +steadily borne in mind, whenever we attempt to enumerate the powers of a +Grand Lodge. It must never be forgotten (in the words of another +regulation, adopted in 1723, and incorporated in the ritual of +installation), that "it is not in the power of any man, or body of men, to +make any alteration or innovation in the body of Masonry."</p> + +<p>"With these views to limit us, the powers of a Grand Lodge may be +enumerated in the language which has been adopted in the modern +constitutions of England, and which seem to us, after a careful +comparison, to be as comprehensive and correct as any that we have been +able to examine. This enumeration is in the following language:</p> + +<p>"In the Grand Lodge, alone, resides the power of enacting laws and +regulations for the permanent government of the craft, and of altering, +repealing, and abrogating them, always taking care that the ancient +landmarks of the order are preserved. The Grand Lodge has also the +inherent power of investigating, regulating, and deciding all matters +relative to the craft, or to particular lodges, or to individual Brothers, +which it may exercise either of itself, or by such delegated authority, as +in its wisdom and discretion it may appoint; but in the Grand Lodge alone +resides the power of erasing lodges, and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate authority +in England."</p> + +<p>In this enumeration we discover the existence of three distinct classes of +powers:—1, a legislative power; 2, a judicial power; and 3, an executive +power. Each of these will occupy a separate section.</p> +</div> + +<div class="sec" id="b1-05-02"> +<h4>Section II.</h4> + +<h5><i>Of the Legislative Power of a Grand Lodge.</i></h5> + + +<p>In the passage already quoted from the Constitutions of the Grand Lodge of +England it is said, "in the Grand Lodge, alone, resides the power of +enacting laws and regulations for the government of the craft, and of +altering, repealing, and abrogating them." General regulations for the +government of the whole craft throughout the world can no longer be +enacted by a Grand Lodge. The multiplication of these bodies, since the +year 1717, has so divided the supremacy that no regulation now enacted can +have the force and authority of those adopted by the Grand Lodge of +England in 1721, and which now constitute a part of the fundamental law of +Masonry, and as such are unchangeable by any modern Grand Lodge.</p> + +<p>Any Grand Lodge may, however, enact local laws for the direction of its +own special affairs, and has also the prerogative of enacting the +regulations which are to govern all its subordinates and the craft +generally in its own jurisdiction. From this legislative power, which +belongs exclusively to the Grand Lodge, it follows that no subordinate +lodge can make any new bye-laws, nor alter its old ones, without the +approval and confirmation of the Grand Lodge. Hence, the rules and +regulations of every lodge are inoperative until they are submitted to and +approved by the Grand Lodge. The confirmation of that body is the enacting +clause; and, therefore, strictly speaking, it may be said that the +subordinates only propose the bye-laws, and the Grand Lodge enacts them.</p> +</div> + +<div class="sec" id="b1-05-03"> +<h4>Section III.</h4> + +<h5><i>Of the Judicial Power of a Grand Lodge.</i></h5> + + +<p>The passage already quoted from the English Constitutions continues to +say, that "the Grand Lodge has the inherent power of investigating, +regulating and deciding all matters relative to the craft, or to +particular lodges, or to individual Brothers, which it may exercise, +either of itself, or by such delegated authority as in its wisdom and +discretion it may appoint." Under the first clause of this section, the +Grand Lodge is constituted as the Supreme Masonic Tribunal of its +jurisdiction. But as it would be impossible for that body to investigate +every masonic offense that occurs within its territorial limits, with that +full and considerate attention that the principles of justice require, it +has, under the latter clause of the section, delegated this duty, in +general, to the subordinate lodges, who are to act as its committees, and +to report the results of their inquiry for its final disposition. From +this course of action has risen the erroneous opinion of some persons, +that the jurisdiction of the Grand Lodge is only appellate in its +character. Such is not the case. The Grand Lodge possesses an original +jurisdiction over all causes occurring within its limits. It is only for +expediency that it remits the examination of the merits of any case to a +subordinate lodge as a <i>quasi</i> committee. It may, if it thinks proper, +commence the investigation of any matter concerning either a lodge, or an +individual brother within its own bosom, and whenever an appeal from the +decision of a lodge is made, which, in reality, is only a dissent from the +report of the lodge, the Grand Lodge does actually recommence the +investigation <i>de novo</i>, and, taking the matter out of the lodge, to whom +by its general usage it had been primarily referred, it places it in the +hands of another committee of its own body for a new report. The course of +action is, it is true, similar to that in law, of an appeal from an +inferior to a superior tribunal. But the principle is different. The Grand +Lodge simply confirms or rejects the report that has been made to it, and +it may do that without any appeal having been entered. It may, in fact, +dispense with the necessity of an investigation by and report from a +subordinate lodge altogether, and undertake the trial itself from the +very inception. But this, though a constitutional, is an unusual course. +The subordinate lodge is the instrument which the Grand Lodge employs in +considering the investigation. It may or it may not make use of the +instrument, as it pleases.</p> +</div> + +<div class="sec" id="b1-05-04"> +<h4>Section IV.</h4> + +<h5><i>Of the Executive Power of a Grand Lodge.</i></h5> + + +<p>The English Constitutions conclude, in the passage that has formed the +basis of our previous remarks, by asserting that "in the Grand Lodge, +alone, resides the power of erasing lodges and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate +authority." The power of the Grand Lodge to erase lodges is accompanied +with a coincident power of constituting new lodges. This power it +originally shared with the Grand Master, and still does in England; but in +this country the power of the Grand Lodge is paramount to that of the +Grand Master. The latter can only constitute lodges temporarily, by +dispensation, and his act must be confirmed, or may be annulled by the +Grand Lodge. It is not until a lodge has received its Warrant of +Constitution from the Grand Lodge, that it can assume the rank and +exercise the prerogatives of a regular and legal lodge.</p> + +<p>The expelling power is one that is very properly intrusted to the Grand +Lodge, which is the only tribunal that should impose a penalty affecting +the relations of the punished party with the whole fraternity. Some of the +lodges in this country have claimed the right to expel independently of +the action of the Grand Lodge. But the claim is founded on an erroneous +assumption of powers that have never existed, and which are not recognized +by the ancient constitutions, nor the general usages of the fraternity. A +subordinate lodge tries its delinquent member, under the provisions which +have already been stated, and, according to the general usage of lodges in +the United States, declares him expelled. But the sentence is of no force +nor effect until it has been confirmed by the Grand Lodge, which may, or +may not, give the required confirmation, and which, indeed, often refuses +to do so, but actually reverses the sentence. It is apparent, from the +views already expressed on the judicial powers of the Grand Lodge, that +the sentence of expulsion uttered by the subordinate is to be taken in +the sense of a recommendatory report, and that it is the confirmation and +adoption of that report by the Grand Lodge that alone gives it vitality +and effect.</p> + +<p>The expelling power presumes, of course, coincidently, the reinstating +power. As the Grand Lodge alone can expel, it also alone can reinstate.</p> + +<p>These constitute the general powers and prerogatives of a Grand Lodge. Of +course there are other local powers, assumed by various Grand Lodges, and +differing in the several jurisdictions, but they are all derived from some +one of the three classes that we have enumerated. From these views, it +will appear that a Grand Lodge is the supreme legislative, judicial, and +executive authority of the Masonic jurisdiction in which it is situated. +It is, to use a feudal term, "the lord paramount" in Masonry. It is a +representative body, in which, however, it constituents have delegated +everything and reserved no rights to themselves. Its authority is almost +unlimited, for it is restrained by but a single check:—<i>It cannot alter +or remove the ancient landmarks</i>.</p> +</div></div></div> + + + +<div class="book" id="b2"> +<h2>Book Second</h2> + +<h3>Laws of Subordinate Lodges.</h3> + + + +<p>Having thus succinctly treated of the law in relation to Grand Lodges, I +come next in order to consider the law as it respects the organization, +rights, powers, and privileges of subordinate Lodges; and the first +question that will engage our attention will be, as to the proper method +of organizing a Lodge.</p> + + + +<div class="chapter" id="b2-01"> +<h3>Chapter I.</h3> + +<h4>Of the Nature and Organization of Subordinate Lodges.</h4> + + + +<p>The old charges define a Lodge to be "a place where Masons assemble and +work;" and also "that assembly, or duly organized society of Masons." The +lecture on the first degree gives a still more precise definition. It says +that "a lodge is an assemblage of Masons, duly congregated, having the +Holy Bible, square, and compasses, and a charter, or warrant of +constitution, empowering them to work."</p> + +<p>Every lodge of Masons requires for its proper organization, that it should +have been congregated by the permission of some superior authority, which +may be either a Grand Master or a Grand Lodge. When a lodge is organized +by the authority of a Grand Master, it is said to work under a +Dispensation, and when by the authority of a Grand Lodge, it is said to +work under a warrant of constitution. In the history of a lodge, the +former authority generally precedes the latter, the lodge usually working +for some time under the dispensation of the Grand Master, before it is +regularly warranted by the Grand Lodge. But this is not necessarily the +case. A Grand Lodge will sometimes grant a warrant of constitution at +once, without the previous exercise, on the part of the Grand Master, of +his dispensing power. As it is, however, more usually the practice for the +dispensation to precede the warrant of constitution, I shall explain the +formation of a lodge according to that method.</p> + +<p>Any number of Master Masons, not under seven, being desirous of uniting +themselves into a lodge, apply by petition to the Grand Master for the +necessary authority. This petition must set forth that they now are, or +have been, members of a regularly constituted lodge, and must assign, as a +reason for their application, that they desire to form the lodge "for the +conveniency of their respective dwellings," or some other sufficient +reason. The petition must also name the brethren whom they desire to act +as their Master and Wardens, and the place where they intend to meet; and +it must be recommended by the nearest lodge.</p> + +<p>Dalcho says that not less than three Master Masons should sign the +petition; but in this he differs from all the other authorities, which +require not less than seven. This rule, too, seems to be founded in +reason; for, as it requires seven Masons to constitute a quorum for +opening and holding a lodge of Entered Apprentices, it would be absurd to +authorize a smaller number to organize a lodge which, after its +organization, could not be opened, nor make Masons in that degree.</p> + +<p>Preston says that the petition must be recommended "by the Masters of +three regular lodges adjacent to the place where the new lodge is to be +held." Dalcho says it must be recommended "by three other known and +approved Master Masons," but does not make any allusion to any adjacent +lodge. The laws and regulations of the Grand Lodge of Scotland require the +recommendation to be signed "by the Masters and officers of two of the +nearest lodges." The Constitutions of the Grand Lodge of England require +that it must be recommended "by the officers of some regular lodge." The +recommendation of a neighboring lodge is the general usage of the craft, +and is intended to certify to the superior authority, on the very best +evidence that can be obtained, that, namely, of an adjacent lodge, that +the new lodge will be productive of no injury to the Order.</p> + +<p>If this petition be granted, the Grand Secretary prepares a document +called a <i>dispensation</i>, which authorizes the officers named in the +petition to open and hold a lodge, and to "enter, pass, and raise +Freemasons." The duration of this dispensasation is generally expressed on +its face to be, "until it shall be revoked by the Grand Master or the +Grand Lodge, or until a warrant of constitution is granted by the Grand +Lodge." Preston says, that the Brethren named in it are authorized "to +assemble as Masons for forty days, and until such time as a warrant of +constitution can be obtained by command of the Grand Lodge, or that +authority be recalled." But generally, usage continues the dispensation +only until the next meeting of the Grand Lodge, when it is either revoked, +or a warrant of constitution granted.</p> + +<p>If the dispensation be revoked by either the Grand Master or the Grand +Lodge (for either has the power to do so), the lodge of course at once +ceases to exist. Whatever funds or property it has accumulated revert, as +in the case of all extinct lodges, to the Grand Lodge, which may be called +the natural heir of its subordinates; but all the work done in the lodge, +under the dispensation, is regular and legal, and all the Masons made by +it are, in every sense of the term, "true and lawful Brethren."</p> + +<p>Let it be supposed, however, that the dispensation is confirmed or +approved by the Grand Lodge, and we thus arrive at another step in the +history of the new lodge. At the next sitting of the Grand Lodge, after +the dispensation has been issued by the Grand Master, he states that fact +to the Grand Lodge, when, either at his request, or on motion of some +Brother, the vote is taken on the question of constituting the new lodge, +and, if a majority are in favor of it, the Grand Secretary is ordered to +grant a warrant of constitution.</p> + +<p>This instrument differs from a dispensation in many important particulars. +It is signed by all the Grand Officers, and emanates from the Grand Lodge, +while the dispensation emanates from the office of the Grand Master, and +is signed by him alone. The authority of the dispensation is temporary, +that of the warrant permanent; the one can be revoked at pleasure by the +Grand Master, who granted it; the other only for cause shown, and by the +Grand Lodge; the one bestows only a name, the other both a name and a +number; the one confers only the power of holding a lodge and making +Masons, the other not only confers these powers, but also those of +installation and of succession in office. From these differences in the +characters of the two documents, arise important differences in the powers +and privileges of a lodge under dispensation and of one that has been +regularly constituted. These differences shall hereafter be considered.</p> + +<p>The warrant having been granted, there still remain certain forms and +ceremonies to be observed, before the lodge can take its place among the +legal and registered lodges of the jurisdiction in which it is situated. +These are its consecration, its dedication, its constitution, and the +installation of its officers. We shall not fully enter into a description +of these various ceremonies, because they are laid down at length in all +the Monitors, and are readily accessible to our readers. It will be +sufficient if we barely allude to their character.</p> + +<p>The ceremony of constitution is so called, because by it the lodge becomes +constituted or established. Orthoepists define the verb to constitute, as +signifying "to give a formal existence to anything." Hence, to constitute +a lodge is to give it existence, character, and standing as such; and the +instrument that warrants the person so constituting or establishing it, in +this act, is very properly called the "warrant of constitution."</p> + +<p>The consecration, dedication, and constitution of a lodge must be +performed by the Grand Master in person; or, if he cannot conveniently +attend, by some Past Master appointed by him as his special proxy or +representative for that purpose. On the appointed evening, the Grand +Master, accompanied by his Grand Officers, repairs to the place where the +new lodge is to hold its meetings, the lodge<sup><a href="#fn29">29</a></sup> having been placed in the +centre of the room and decently covered with a piece of white linen or +satin. Having taken the chair, he examines the records of the lodge and +the warrant of constitution; the officers who have been chosen are +presented before him, when he inquires of the Brethren if they continue +satisfied with the choice they have made. The ceremony of consecration is +then performed. The Lodge is uncovered; and corn, wine, and oil—the +masonic elements of consecration—are poured upon it, accompanied by +appropriate prayers and invocations, and the lodge is finally declared to +be consecrated to the honor and glory of God.</p> + +<p>This ceremony of consecration has been handed down from the remotest +antiquity. A consecrating—a separating from profane things, and making +holy or devoting to sacred purposes—was practiced by both the Jews and +the Pagans in relation to their temples, their altars, and all their +sacred utensils. The tabernacle, as soon as it was completed, was +consecrated to God by the unction of oil. Among the Pagan nations, the +consecration of their temples was often performed with the most sumptuous +offerings and ceremonies; but oil was, on all occasions, made use of as an +element of the consecration. The lodge is, therefore, consecrated to +denote that henceforth it is to be set apart as an asylum sacred to the +cultivation of the great masonic principles of Friendship, Morality, and +Brotherly Love. Thenceforth it becomes to the conscientious Mason a place +worthy of his reverence; and he is tempted, as he passes over its +threshold, to repeat the command given to Moses: "Put off thy shoes from +off thy feet, for the place whereon thou standest is holy ground."</p> + +<p>The corn, wine, and oil are appropriately adopted as the Masonic elements +of consecration, because of the symbolic signification which they present +to the mind of the Mason. They are enumerated by David as among the +greatest blessings which we receive from the bounty of Divine Providence. +They were annually offered by the ancients as the first fruits, in a +thank-offering for the gifts of the earth; and as representatives of "the +corn of nourishment, the wine of refreshment, and the oil of joy," they +symbolically instruct the Mason that to the Grand Master of the Universe +he is indebted for the "health, peace, and plenty" that he enjoys.</p> + +<p>After the consecration of the lodge, follows its dedication. This is a +simple ceremony, and principally consists in the pronunciation of a +formula of words by which the lodge is declared to be dedicated to the +holy Saints John, followed by an invocation that "every Brother may revere +their character and imitate their virtues."</p> + +<p>Masonic tradition tells us that our ancient Brethren dedicated their +lodges to King Solomon, because he was their first Most Excellent Grand +Master; but that modern Masons dedicate theirs to St. John the Baptist and +St. John the Evangelist, because they were two eminent patrons of Masonry. +A more appropriate selection of patrons to whom to dedicate the lodge, +could not easily have been made; since St. John the Baptist, by +announcing the approach of Christ, and by the mystical ablution to which +he subjected his proselytes, and which was afterwards adopted in the +ceremony of initiation into Christianity, might well be considered as the +Grand Hierophant of the Church; while the mysterious and emblematic nature +of the Apocalypse assimilated the mode of teaching adopted by St. John the +Evangelist to that practiced by the fraternity. Our Jewish Brethren +usually dedicate their lodges to King Solomon, thus retaining their +ancient patron, although they thereby lose the benefit of that portion of +the Lectures which refers to the "lines parallel." The Grand Lodge of +England, at the union in 1813, agreed to dedicate to Solomon and Moses, +applying the parallels to the framer of the tabernacle and the builder of +the temple; but they have no warranty for this in ancient usage, and it is +unfortunately not the only innovation on the ancient landmarks that that +Grand Lodge has lately permitted.</p> + +<p>The ceremony of dedication, like that of consecration, finds its archetype +in the remotest antiquity. The Hebrews made no use of any new thing until +they had first solemnly dedicated it. This ceremony was performed in +relation even to private houses, as we may learn from the book of +Deuteronomy.<sup><a href="#fn30">30</a></sup> The 30th Psalm is a song said to have been made by David +on the dedication of the altar which he erected on the threshing-floor of +Ornan the Jebusite, after the grievous plague which had nearly devastated +the kingdom. Solomon, it will be recollected, dedicated the temple with +solemn ceremonies, prayers, and thank-offerings. The ceremony of +dedication is, indeed, alluded to in various portions of the Scriptures.</p> + +<p>Selden<sup><a href="#fn31">31</a></sup> says that among the Jews sacred things were both dedicated and +consecrated; but that profane things, such as private houses, etc., were +simply dedicated, without consecration. The same writer informs us that +the Pagans borrowed the custom of consecrating and dedicating their sacred +edifices, altars, and images, from the Hebrews.</p> + +<p>The Lodge having been thus consecrated to the solemn objects of +Freemasonry, and dedicated to the patrons of the institution, it is at +length prepared to be constituted. The ceremony of constitution is then +performed by the Grand Master, who, rising from his seat, pronounces the +following formulary of constitution:</p> + +<p>"In the name of the most Worshipful Grand Lodge, I now constitute and form +you, my beloved Brethren, into a regular lodge of Free and Accepted +Masons. From this time forth, I empower you to meet as a regular lodge, +constituted in conformity to the rites of our Order, and the charges of +our ancient and honorable fraternity;—and may the Supreme Architect of +the Universe prosper, direct, and counsel you, in all your doings."</p> + +<p>This ceremony places the lodge among the registered lodges of the +jurisdiction in which it is situated, and gives it a rank and standing and +permanent existence that it did not have before. In one word, it has, by +the consecration, dedication, and constitution, become what we technically +term "a just and legally constituted lodge," and, as such, is entitled to +certain rights and privileges, of which we shall hereafter speak. Still, +however, although the lodge has been thus fully and completely organized, +its officers have as yet no legal existence. To give them this, it is +necessary that they be inducted into their respective offices, and each +officer solemnly bound to the faithful performance of the duties he has +undertaken to discharge. This constitutes the ceremony of installation. +The Worshipful Master of the new lodge is required publicly to submit to +the ancient charges; and then all, except Past Masters, having retired, he +is invested with the Past Master's degree, and inducted into the oriental +chair of King Solomon. The Brethren are then introduced, and due homage is +paid to their new Master, after which the other officers are obligated to +the faithful discharge of their respective trusts, invested with their +insignia of office, and receive the appropriate charge. This ceremony must +be repeated at every annual election and change of officers.</p> + +<p>The ancient rule was, that when the Grand Master and his officers attended +to constitute a new lodge, the Deputy Grand Master invested the new +Master, the Grand Wardens invested the new Wardens, and the Grand +Treasurer and Grand Secretary invested the Treasurer and Secretary. But +this regulation has become obsolete, and the whole installation and +investiture are now performed by the Grand Master. On the occasion of +subsequent installations, the retiring Master installs his successor; and +the latter installs his subordinate officers.</p> + +<p>The ceremony of installation is derived from the ancient custom of +inauguration, of which we find repeated instances in the sacred as well as +profane writings. Aaron was inaugurated, or installed, by the unction of +oil, and placing on him the vestments of the High Priest; and every +succeeding High Priest was in like manner installed, before he was +considered competent to discharge the duties of his office. Among the +Romans, augurs, priests, kings, and, in the times of the republic, consuls +were always inaugurated or installed. And hence, Cicero, who was an augur, +speaking of Hortensius, says, "it was he who installed me as a member of +the college of augurs, so that I was bound by the constitution of the +order to respect and honour him as a parent."<sup><a href="#fn32">32</a></sup> The object and intention +of the ancient inauguration and the Masonic installation are precisely the +same, namely, that of setting apart and consecrating a person to the +duties of a certain office.</p> + +<p>The ceremonies, thus briefly described, were not always necessary to +legalize a congregation of Masons. Until the year 1717, the custom of +confining the privileges of Masonry, by a warrant of constitution, to +certain individuals, was wholly unknown. Previous to that time, a +requisite number of Master Masons were authorized by the ancient charges +to congregate together, temporarily, at their own discretion, and as best +suited their convenience, and then and there to open and hold lodges and +make Masons; making, however, their return, and paying their tribute to +the General Assembly, to which all the fraternity annually repaired, and +by whose awards the craft were governed.</p> + +<p>Preston, speaking of this ancient privilege, says: "A sufficient number of +Masons met together within a certain district, with the consent of the +sheriff or chief magistrate of the place, were empowered at this time to +make Masons and practice the rights of Masonry, without a warrant of +constitution." This privilege, Preston says, was inherent in them as +individuals, and continued to be enjoyed by the old lodges, which formed +the Grand Lodge in 1717, as long as they were in existence.</p> + +<p>But on the 24th June, 1717, the Grand Lodge of England adopted the +following regulation: "That the privilege of assembling as Masons, which +had hitherto been unlimited, should be vested in certain lodges or +assemblies of Masons, convened in certain places; and that every lodge to +be hereafter convened, except the four old lodges at this time existing, +should be legally authorized to act by a warrant from the Grand Master for +the time being, granted to certain individuals by petition, with the +consent and approbation of the Grand Lodge in communication; and that, +without such warrant, no lodge should be hereafter deemed regular or +constitutional."</p> + +<p>This regulation has ever since continued in force, and it is the original +law under which warrants of constitution are now granted by Grand Lodges +for the organization of their subordinates.</p> +</div> + + +<div class="chapter" id="b2-02"> +<h3>Chapter II.</h3> + +<h4>Of Lodges under Dispensation.</h4> + + + +<p>It is evident, from what has already been said, that there are two kinds +of lodges, each regular in itself, but each peculiar and distinct in its +character. There are lodges working under a dispensation, and lodges +working under a warrant of constitution. Each of these will require a +separate consideration. The former will be the subject of the present +chapter.</p> + +<p>A lodge working under a dispensation is a merely temporary body, +originated for a special purpose, and is therefore possessed of very +circumscribed powers. The dispensation, or authority under which it acts, +expressly specifies that the persons to whom it is given are allowed to +congregate that they may "admit, enter, pass, and raise Freemasons;" no +other powers are conferred either by words or implication, and, indeed, +sometimes the dispensation states, that that congregation is to be "with +the sole intent and view, that the Brethren so congregated, admitted, +entered, and made, when they become a sufficient number, may be duly +warranted and constituted for being and holding a regular lodge."<sup><a href="#fn33">33</a></sup></p> + +<p>A lodge under dispensation is simply the creature of the Grand Master. To +him it is indebted for its existence, and on his will depends the duration +of that existence. He may at any time revoke the dispensation, and the +dissolution of the lodge would be the instant result. Hence a lodge +working under a dispensation can scarcely, with strict technical +propriety, be called a lodge; it is, more properly speaking, a +congregation of Masons, acting as the proxy of the Grand Master.</p> + +<p>With these views of the origin and character of lodges under dispensation, +we will be better prepared to understand the nature and extent of the +powers which they possess.</p> + +<p>A lodge under dispensation can make no bye-laws. It is governed, during +its temporary existence, by the general Constitutions of the Order and the +rules and regulations of the Grand Lodge in whose jurisdiction it is +situated. In fact, as the bye-laws of no lodge are operative until they +are confirmed by the Grand Lodge, and as a lodge working under a +dispensation ceases to exist as such as soon as the Grand Lodge meets, it +is evident that it would be absurd to frame a code of laws which would +have no efficacy, for want of proper confirmation, and which, when the +time and opportunity for confirmation had arrived, would be needless, as +the society for which they were framed would then have no legal +existence—a new body (the warranted lodge) having taken its place.</p> + +<p>A lodge under dispensation cannot elect officers. The Master and Wardens +are nominated by the Brethren, and, if this nomination is approved, they +are appointed by the Grand Master. In giving them permission to meet and +make Masons, he gave them no power to do anything else. A dispensation is +itself a setting aside of the law, and an exception to a general +principle; it must, therefore, be construed literally. What is not granted +in express terms, is not granted at all. And, therefore, as nothing is +said of the election of officers, no such election can be held. The Master +may, however, and always does for convenience, appoint a competent +Brother to keep a record of the proceedings; but this is a temporary +appointment, at the pleasure of the Master, whose deputy or assistant he +is; for the Grand Lodge looks only to the Master for the records, and the +office is not legally recognized. In like manner, he may depute a trusty +Brother to take charge of the funds, and must, of course, from time to +time, appoint the deacons and tiler for the necessary working of the +lodge.</p> + +<p>As there can be no election, neither can there be any installation, which, +of course, always presumes a previous election for a determinate period. +Besides, the installation of officers is a part of the ceremony of +constitution, and therefore not even the Master and Wardens of a lodge +under dispensation are entitled to be thus solemnly inducted into office.</p> + +<p>A lodge under dispensation can elect no members. The Master and Wardens, +who are named in the dispensation, are, in point of fact, the only persons +recognized as constituting the lodge. To them is granted the privilege, as +proxies of the Grand Master, of making Masons; and for this purpose they +are authorized to congregate a sufficient number of Brethren to assist +them in the ceremonies. But neither the Master and Wardens, nor the +Brethren, thus congregated have received any power of electing members. +Nor are the persons made in a lodge under dispensation, to be considered +as members of the lodge; for, as has already been shown, they have none of +the rights and privileges which attach to membership—they can neither +make bye-laws nor elect officers. They, however, become members of the +lodge as soon as it receives its warrant of constitution.</p> +</div> + + +<div class="chapter" id="b2-03"> +<h3>Chapter III.</h3> + +<h4>Of Lodges Working under a Warrant of Constitution.</h4> + + +<div class="sec" id="b2-03-01"> +<h4>Section I.</h4> + +<h5><i>Of the Powers and Rights of a Lodge.</i></h5> + + +<p>In respect to the powers and privileges possessed by a lodge working under +a warrant of constitution, we may say, as a general principle, that +whatever it does possess is inherent in it—nothing has been delegated by +either the Grand Master or the Grand Lodge—but that all its rights and +powers are derived originally from the ancient regulations, made before +the existence of Grand Lodges, and that what it does not possess, are the +powers which were conceded by its predecessors to the Grand Lodge. This is +evident from the history of warrants of constitution, the authority under +which subordinate lodges act. The practice of applying by petition to the +Grand Master or the Grand Lodge, for a warrant to meet as a regular +lodge, commenced in the year 1718. Previous to that time, Freemasons were +empowered by inherent privileges, vested, from time immemorial, in the +whole fraternity, to meet as occasion might require, under the direction +of some able architect; and the proceedings of these meetings, being +approved by a majority of the Brethren convened at another lodge in the +same district, were deemed constitutional.<sup><a href="#fn34">34</a></sup> But in 1718, a year after +the formation of the Grand Lodge of England, this power of meeting <i>ad +libitum</i> was resigned into the hands of that body, and it was then agreed +that no lodges should thereafter meet, unless authorized so to do by a +warrant from the Grand Master, and with the consent of the Grand Lodge. +But as a memorial that this abandonment of the ancient right was entirely +voluntary, it was at the same time resolved that this inherent privilege +should continue to be enjoyed by the four old lodges who formed the Grand +Lodge. And, still more effectually to secure the reserved rights of the +lodges, it was also solemnly determined, that while the Grand Lodge +possesses the inherent right of making new regulations for the good of the +fraternity, provided that the <i>old landmarks be carefully preserved</i>, yet +that these regulations, to be of force, must be proposed and agreed to at +the third quarterly communication preceding the annual grand feast, and +submitted to the perusal of all the Brethren, in writing, even of the +youngest entered apprentice; "<i>the approbation and consent of the majority +of all the Brethren present being absolutely necessary, to make the same +binding and obligatory</i>."<sup><a href="#fn35">35</a></sup></p> + +<p>The corollary from all this is clear. All the rights, powers, and +privileges, not conceded, by express enactment of the fraternity, to the +Grand Lodge, have been reserved to themselves. Subordinate lodges are the +assemblies of the craft in their primary capacity, and the Grand Lodge is +the Supreme Masonic Tribunal, only because it consists of and is +constituted by a representation of these primary assemblies. And, +therefore, as every act of the Grand Lodge is an act of the whole +fraternity thus represented, each new regulation that may be made is not +an assumption of authority on the part of the Grand Lodge, but a new +concession on the part of the subordinate lodges.</p> + +<p>This doctrine of the reserved rights of the lodges is very important, and +should never be forgotten, because it affords much aid in the decision of +many obscure points of masonic jurisprudence. The rule is, that any +doubtful power exists and is inherent in the subordinate lodges, unless +there is an express regulation conferring it on the Grand Lodge. With this +preliminary view, we may proceed to investigate the nature and extent of +these reserved powers of the subordinate lodges.</p> + +<p>A lodge has the right of selecting its own members, with which the Grand +Lodge cannot interfere. This is a right that the lodges have expressly +reserved to themselves, and the stipulation is inserted in the "general +regulations" in the following words:</p> + +<p>"No man can be entered a Brother in any particular lodge, or admitted a +member thereof, without the unanimous consent of all the members of that +lodge then present, when the candidate is proposed, and when their consent +is formally asked by the Master. They are to give their consent in their +own prudent way, either virtually or in form, but with unanimity. Nor is +this inherent privilege subject to a dispensation, because the members of +a particular lodge are the best judges of it; and because, if a turbulent +member should be imposed upon them, it might spoil their harmony, or +hinder the freedom of their communication; or even break and disperse the +lodge, which ought to be avoided by all true and faithful."<sup><a href="#fn36">36</a></sup></p> + +<p>But although a lodge has the inherent right to require unanimity in the +election of a candidate, it is not necessarily restricted to such a degree +of rigor.</p> + +<p>A lodge has the right to elect its own officers. This right is guaranteed +to it by the words of the Warrant of Constitution. Still the right is +subject to certain restraining regulations. The election must be held at +the proper time, which, according to the usage of Masonry, in most parts +of the world, is on or immediately before the festival of St. John the +Evangelist. The proper qualifications must be regarded. A member cannot be +elected as Master, unless he has previously served as a Warden, except in +the instance of a new lodge, or other case of emergency. Where both of the +Wardens refuse promotion, where the presiding Master will not permit +himself to be reelected, and where there is no Past Master who will +consent to take the office, then, and then only, can a member be elected +from the floor to preside over the lodge.</p> + +<p>By the Constitutions of England, only the Master and Treasurer are elected +officers.<sup><a href="#fn37">37</a></sup> The Wardens and all the other officers are appointed by the +Master, who has not, however, the power of removal after appointment, +except by consent of the lodge;<sup><a href="#fn38">38</a></sup> but American usage gives the election +of all the officers, except the deacons, stewards, and, in some instances, +the tiler, to the lodge.</p> + +<p>As a consequence of the right of election, every lodge has the power of +installing its officers, subject to the same regulations, in relation to +time and qualifications, as given in the case of elections.</p> + +<p>The Master must be installed by a Past Master,<sup><a href="#fn39">39</a></sup> but after his own +installation he has the power to install the rest of the officers. The +ceremony of installation is not a mere vain and idle one, but is +productive of important results. Until the Master and Wardens of a lodge +are installed, they cannot represent the lodge in the Grand Lodge, nor, if +it be a new lodge, can it be recorded and recognized on the register of +the Grand Lodge. No officer can permanently take possession of the office +to which he has been elected, until he has been duly installed.<sup><a href="#fn40">40</a></sup> The +rule of the craft is, that the old officer holds on until his successor is +installed, and this rule is of universal application to officers of every +grade, from the Tiler of a subordinate lodge, to the Grand Master of +Masons.</p> + +<p>Every lodge that has been duly constituted, and its officers installed, is +entitled to be represented in the Grand Lodge, and to form, indeed, a +constituent part of that body.<sup><a href="#fn41">41</a></sup> The representatives of a lodge are its +Master and two Wardens.<sup><a href="#fn42">42</a></sup> This character of representation was +established in 1718, when the four old lodges, which organized the Grand +Lodge of England, agreed "to extend their patronage to every lodge which +should hereafter be constituted by the Grand Lodge, according to the new +regulations of the society; and while such lodges acted in conformity to +the ancient constitutions of the Order, to admit their Masters and Wardens +to share with them all the privileges of the Grand Lodge, excepting +precedence of rank."<sup><a href="#fn43">43</a></sup> Formerly all Master Masons were permitted to sit +in the Grand Lodge, or, as it was then called, the General Assembly, and +represent their lodge; and therefore this restricting the representation +to the three superior officers was, in fact, a concession of the craft. +This regulation is still generally observed; but I regret to see a few +Grand Lodges in this country innovating on the usage, and still further +confining the representation to the Masters alone.</p> + +<p>The Master and Wardens are not merely in name the representatives of the +lodge, but are bound, on all questions that come before the Grand Lodge, +truly to represent their lodge, and vote according to its instructions. +This doctrine is expressly laid down in the General Regulations, in the +following words: "The majority of every particular lodge, when +congregated, not else, shall have the privilege of giving instructions to +their Master and Wardens, before the meeting of the Grand Chapter, or +Quarterly Communication; because the said officers are their +representatives, and are supposed to speak the sentiments of their +Brethren at the said Grand Lodge."<sup><a href="#fn44">44</a></sup></p> + +<p>Every lodge has the power to frame bye-laws for its own government, +provided they are not contrary to, nor inconsistent with, the general +regulations of the Grand Lodge; nor the landmarks of the order.<sup><a href="#fn45">45</a></sup> But +these bye-laws will not be valid, until they are submitted to and approved +by the Grand Lodge. And this is the case, also, with every subsequent +alteration of them, which must in like manner be submitted to the Grand +Lodge for its approval.</p> + +<p>A lodge has the right of suspending or excluding a member from his +membership in the lodge; but it has no power to expel him from the rights +and privileges of Masonry, except with the consent of the Grand Lodge. A +subordinate lodge tries its delinquent member, and, if guilty, declares +him expelled; but the sentence is of no force until the Grand Lodge, under +whose jurisdiction it is working, has confirmed it. And it is optional +with the Grand Lodge to do so, or, as is frequently done, to reverse the +decision and reinstate the Brother. Some of the lodges in this country +claim the right to expel, independently of the action of the Grand Lodge; +but the claim is not valid. The very fact that an expulsion is a penalty, +affecting the general relations of the punished party with the whole +fraternity, proves that its exercise never could, with propriety, be +intrusted to a body so circumscribed in its authority as a subordinate +lodge. Accordingly, the general practice of the fraternity is opposed to +it; and therefore all expulsions are reported to the Grand Lodge, not +merely as matters of information, but that they may be confirmed by that +body. The English Constitutions are explicit on this subject. "In the +Grand Lodge alone," they declare, "resides the power of erasing lodges and +expelling Brethren from the craft, a power which it ought not to delegate +to any subordinate authority in England." They allow, however, a +subordinate lodge to <i>exclude</i> a member from the lodge; in which case he +is furnished with a certificate of the circumstances of his exclusion, and +then may join any other lodge that will accept him, after being made +acquainted with the fact of his exclusion, and its cause. This usage has +not been adopted in this country.</p> + +<p>A lodge has a right to levy such annual contribution for membership as the +majority of the Brethren see fit. This is entirely a matter of contract, +with which the Grand Lodge, or the craft in general, have nothing to do. +It is, indeed, a modern usage, unknown to the fraternity of former times, +and was instituted for the convenience and support of the private lodges.</p> + +<p>A lodge is entitled to select a name for itself, to be, however, approved +by the Grand Lodge.<sup><a href="#fn46">46</a></sup> But the Grand Lodge alone has the power of +designating the number by which the lodge shall be distinguished. By its +number alone is every lodge recognized in the register of the Grand Lodge, +and according to their numbers is the precedence of the lodges regulated.</p> + +<p>Finally, a lodge has certain rights in relation to its Warrant of +Constitution. This instrument having been granted by the Grand Lodge, can +be revoked by no other authority. The Grand Master, therefore, has no +power, as he has in the case of a lodge under dispensation, to withdraw +its Warrant, except temporarily, until the next meeting of the Grand +Lodge. Nor is it in the power of even the majority of the lodge, by any +act of their own, to resign the Warrant. For it has been laid down as a +law, that if the majority of the lodge should determine to quit the lodge, +or to resign their warrant, such action would be of no efficacy, because +the Warrant of Constitution, and the power of assembling, would remain +with the rest of the members, who adhere to their allegiance.<sup><a href="#fn47">47</a></sup> But if +all the members withdraw themselves, their Warrant ceases and becomes +extinct. If the conduct of a lodge has been such as clearly to forfeit its +charter, the Grand Lodge alone can decide that question and pronounce the +forfeiture.</p> +</div> + +<div class="sec" id="b2-03-02"> +<h4>Section II.</h4> + +<h5><i>Of the Duties of a Lodge.</i></h5> + + +<p>So far in relation to the rights and privileges of subordinate lodges. But +there are certain duties and obligations equally binding upon these +bodies, and certain powers, in the exercise of which they are restricted. +These will next engage our attention.</p> + +<p>The first great duty, not only of every lodge, but of every Mason, is to +see that the landmarks of the Order shall never be impaired. The General +Regulations of Masonry—to which every Master, at his installation, is +bound to acknowledge his submission—declare that "it is not in the power +of any man, or body of men, to make innovations in the body of Masonry." +And, hence, no lodge, without violating all the implied and express +obligations into which it has entered, can, in any manner, alter or amend +the work, lectures, and ceremonies of the institution. As its members +have received the ritual from their predecessors, so are they bound to +transmit it, unchanged, in the slightest degree, to their successors. In +the Grand Lodge, alone, resides the power of enacting new regulations; +but, even <i>it</i> must be careful that, in every such regulation, the +landmarks are preserved. When, therefore, we hear young and inexperienced +Masters speak of making improvements (as they arrogantly call them) upon +the old lectures or ceremonies, we may be sure that such Masters either +know nothing of the duties they owe to the craft, or are willfully +forgetful of the solemn obligation which they have contracted. Some may +suppose that the ancient ritual of the Order is imperfect, and requires +amendment. One may think that the ceremonies are too simple, and wish to +increase them; another, that they are too complicated, and desire to +simplify them; one may be displeased with the antiquated language; +another, with the character of the traditions; a third, with something +else. But, the rule is imperative and absolute, that no change can or must +be made to gratify individual taste. As the Barons of England, once, with +unanimous voice, exclaimed, "Nolumus leges Angliæ mutare!" so do all good +Masons respond to every attempt at innovation, "We are unwilling to alter +the customs of Freemasonry."</p> + +<p>In relation to the election of officers, a subordinate lodge is allowed to +exercise no discretion. The names and duties of these officers are +prescribed, partly by the landmarks or the ancient constitutions, and +partly by the regulations of various Grand Lodges. While the landmarks are +preserved, a Grand Lodge may add to the list of officers as it pleases; +and whatever may be its regulation, the subordinate lodges are bound to +obey it; nor can any such lodge create new offices nor abolish old ones +without the consent of the Grand Lodge.</p> + +<p>Lodges are also bound to elect their officers at a time which is always +determined; not by the subordinate, but by the Grand Lodge. Nor can a +lodge anticipate or postpone it unless by a dispensation from the Grand +Master.</p> + +<p>No lodge can, at an extra meeting, alter or amend the proceedings of a +regular meeting. If such were not the rule, an unworthy Master might, by +stealth, convoke an extra meeting of a part of his lodge, and, by +expunging or altering the proceedings of the previous regular meeting, or +any particular part of them, annul any measures or resolutions that were +not consonant with his peculiar views.</p> + +<p>No lodge can interfere with the work or business of any other lodge, +without its permission. This is an old regulation, founded on those +principles of comity and brotherly love that should exist among all +Masons. It is declared in the manuscript charges, written in the reign of +James II., and in the possession of the Lodge of Antiquity, at London, +that "no Master or Fellow shall supplant others of their work; that is to +say, that, if he hath taken a work, or else stand Master of any work, that +he shall not put him out, unless he be unable of cunning to make an end of +his work." And, hence, no lodge can pass or raise a candidate who was +initiated, or initiate one who was rejected, in another lodge. "It would +be highly improper," says the Ahiman Rezon, "in any lodge, to confer a +degree on a Brother who is not of their house-hold; for, every lodge +ought to be competent to manage their own business, and are the best +judges of the qualifications of their own members."</p> + +<p>I do not intend, at the present time, to investigate the qualifications of +candidates—as that subject will, in itself, afford ample materials for a +future investigation; but, it is necessary that I should say something of +the restrictions under which every lodge labors in respect to the +admission of persons applying for degrees.</p> + +<p>In the first place, no lodge can initiate a candidate, "without previous +notice, and due examination into his character; and not unless his +petition has been read at one regular meeting and acted on at another." +This is in accordance with the ancient regulations; but, an exception to +it is allowed in the case of an emergency, when the lodge may read the +petition for admission, and, if the applicant is well recommended, may +proceed at once to elect and initiate him. In some jurisdictions, the +nature of the emergency must be stated to the Grand Master, who, if he +approves, will grant a dispensation; but, in others, the Master, or Master +and Wardens, are permitted to be competent judges, and may proceed to +elect and initiate, without such dispensation. The Grand Lodge of South +Carolina adheres to the former custom, and that of England to the latter.</p> + +<p>Another regulation is, that no lodge can confer more than two degrees, at +one communication, on the same candidate. The Grand Lodge of England is +still more stringent on this subject, and declares that "no candidate +shall be permitted to receive more than one degree, on the same day; nor +shall a higher degree in Masonry be conferred on any Brother at a less +interval than four weeks from his receiving a previous degree, nor until +he has passed an examination, in open lodge, in that degree." This rule is +also in force in South Carolina and several other of the American +jurisdictions. But, the law which forbids the whole three degrees of +Ancient Craft Masonry to be conferred, at the same communication, on one +candidate, is universal in its application, and, as such, may be deemed +one of the ancient landmarks of the Order.</p> + +<p>There is another rule, which seems to be of universal extent, and is, +indeed, contained in the General Regulations of 1767, to the following +effect: "No lodge shall make more than five new Brothers at one and the +same time, without an urgent necessity."</p> + +<p>All lodges are bound to hold their meetings at least once in every +calendar month; and every lodge neglecting so to do for one year, thereby +forfeits its warrant of constitution.</p> + +<p>The subject of the removal of lodges is the last thing that shall engage +our attention. Here the ancient regulations of the craft have adopted many +guards to prevent the capricious or improper removal of a lodge from its +regular place of meeting. In the first place, no lodge can be removed from +the town in which it is situated, to any other place, without the consent +of the Grand Lodge. But, a lodge may remove from one part of the town to +another, with the consent of the members, under the following +restrictions: The removal cannot be made without the Master's knowledge; +nor can any motion, for that purpose, be presented in his absence. When +such a motion is made, and properly seconded, the Master will order +summonses to every member, specifying the business, and appointing a day +for considering and determining the affair. And if then a majority of the +lodge, with the Master, or two-thirds, without him, consent to the +removal, it shall take place; but notice thereof must be sent, at once, to +the Grand Lodge. The General Regulations of 1767 further declare, that +such removal must be approved by the Grand Master. I suppose that where +the removal of the lodge was only a matter of convenience to the members, +the Grand Lodge would hardly interfere, but leave the whole subject to +their discretion; but, where the removal would be calculated to affect the +interests of the lodge, or of the fraternity—as in the case of a removal +to a house of bad reputation, or to a place of evident insecurity—I have +no doubt that the Grand Lodge, as the conservator of the character and +safety of the institution, would have a right to interpose its authority, +and prevent the improper removal.</p> + +<p>I have thus treated, as concisely as the important nature of the subjects +would permit, of the powers, privileges, duties, and obligations of +lodges, and have endeavored to embrace, within the limits of the +discussion, all those prominent principles of the Order, which, as they +affect the character and operations of the craft in their primary +assemblies, may properly be referred to the Law of Subordinate Lodges.</p> +</div></div> + + +<div class="chapter" id="b2-04"> +<h3>Chapter IV.</h3> + +<h4>Of the Officers of a Subordinate Lodge.</h4> + + +<div class="sec" id="b2-04-01"> +<h4>Section I.</h4> + +<h5><i>Of the Officers in General.</i></h5> + + +<p>Four officers, at least, the ancient customs of the craft require in every +lodge; and they are consequently found throughout the globe. These are the +Master, the two Wardens, and the Tiler. Almost equally universal are the +offices of Treasurer, Secretary, and two Deacons. But, besides these, +there may be additional officers appointed by different Grand Lodges. The +Grand Lodge of England, for instance, requires the appointment of an +officer, called the "Inner Guard." The Grand Orient of France has +prescribed a variety of officers, which are unknown to English and +American Masonry. The Grand Lodges of England and South Carolina direct +that two Stewards shall be appointed, while some other Grand Lodges make +no such requisition. Ancient usage seems to have recognized the following +officers of a subordinate lodge: the Master, two Wardens, Treasurer, +Secretary, two Deacons, two Stewards, and Tiler; and I shall therefore +treat of the duties and powers of these officers only, in the course of +the present chapter.</p> + +<p>The officers of a lodge are elected annually. In this country, the +election takes place on the festival of St. John the Evangelist, or at the +meeting immediately previous; but, in this latter case, the duties of the +offices do not commence until St. John's day, which may, therefore, be +considered as the beginning of the masonic year.</p> + +<p>Dalcho lays down the rule, that "no Freemason chosen into any office can +refuse to serve (unless he has before filled the same office), without +incurring the penalties established by the bye-laws." Undoubtedly a lodge +may enact such a regulation, and affix any reasonable penalty; but I am +not aware of any ancient regulation which makes it incumbent on +subordinate lodges to do so.</p> + +<p>If any of the subordinate officers, except the Master and Wardens, die, or +be removed from office, during the year, the lodge may, under the +authority of a dispensation from the Grand Master, enter into an election +to supply the vacancy. But in the case of the death or removal of the +Master or either of the Wardens, no election can be held to supply the +vacancy, even by dispensation, for reasons which will appear when I come +to treat of those offices.</p> + +<p>No officer can resign his office after he has been installed. Every +officer is elected for twelve months, and at his installation solemnly +promises to perform the duties of that office until the next regular day +of election; and hence the lodge cannot permit him, by a resignation, to +violate his obligation of office.</p> + +<p>Another rule is, that every officer holds on to his office until his +successor has been installed. It is the installation, and not the +election, which puts an officer into possession; and the faithful +management of the affairs of Masonry requires, that between the election +and installation of his successor, the predecessor shall not vacate the +office, but continue to discharge its duties.</p> + +<p>An office can be vacated only by death, permanent removal from the +jurisdiction, or expulsion. Suspension does not vacate, but only suspends +the performance of the duties of the office, which must then be +temporarily discharged by some other person, to be appointed from time to +time; for, as soon as the suspended officer is restored, he resumes the +dignities and duties of his office.</p> +</div> + +<div class="sec" id="b2-04-02"> +<h4>Section II.</h4> + +<h5><i>Of the Worshipful Master.</i></h5> + + +<p>This is probably the most important office in the whole system of Masonry, +as, upon the intelligence, skill, and fidelity of the Masters of our +lodges, the entire institution is dependent for its prosperity. It is an +office which is charged with heavy responsibilities, and, as a just +consequence, is accompanied by the investiture of many important powers.</p> + +<p>A necessary qualification of the Master of a lodge is, that he must have +previously served in the office of a Warden.<sup><a href="#fn48">48</a></sup> This qualification is +sometimes dispensed with in the case of new lodges, or where no member of +an old lodge, who has served as a Warden, will accept the office of +Master. But it is not necessary that he should have served as a Warden in +the lodge of which he is proposed to be elected Master. The discharge of +the duties of a Warden, by regular election and installation in any other +lodge, and at any former period, will be a sufficient qualification.</p> + +<p>One of the most important duties of the Master of a lodge is, to see that +the edicts and regulations of the Grand Lodge are obeyed by his Brethren, +and that his officers faithfully discharge their duties.</p> + +<p>The Master has particularly in charge the warrant of Constitution, which +must always be present in his lodge, when opened.</p> + +<p>The Master has a right to call a special meeting of his lodge whenever he +pleases, and is the sole judge of any emergency which may require such +special communication.</p> + +<p>He has, also, the right of closing his lodge at any hour that he may deem +expedient, notwithstanding the whole business of the evening may not have +been transacted. This regulation arises from the unwritten law of Masonry. +As the Master is responsible to the Grand Lodge for the fidelity of the +work done in his lodge, and as the whole of the labor is, therefore, +performed under his superintendence, it follows that, to enable him to +discharge this responsibility, he must be invested with the power of +commencing, of continuing, or of suspending labor at such time as he may, +in his wisdom, deem to be the most advantageous to the edifice of Masonry.</p> + +<p>It follows from this rule that a question of adjournment cannot be +entertained in a lodge. The adoption of a resolution to adjourn, would +involve the necessity of the Master to obey it. The power, therefore, of +controlling the work, would be taken out of his hands and placed in those +of the members, which would be in direct conflict with the duties imposed +upon him by the ritual. The doctrine that a lodge cannot adjourn, but must +be closed or called off at the pleasure of the Master, appears now to me +to be very generally admitted.</p> + +<p>The Master and his two Wardens constitute the representatives of the lodge +in the Grand Lodge, and it is his duty to attend the communications of +that body "on all convenient occasions."<sup><a href="#fn49">49</a></sup> When there, he is faithfully +to represent his lodge, and on all questions discussed, to obey its +instructions, voting in every case rather against his own convictions than +against the expressed wish of his lodge.</p> + +<p>The Master presides not only over the symbolic work of the lodge, but +also over its business deliberations, and in either case his decisions are +reversible only by the Grand Lodge. There can be no appeal from his +decision, on any question, to the lodge. He is supreme in his lodge, so +far as the lodge is concerned, being amenable for his conduct in the +government of it, not to its members, but to the Grrand Lodge alone. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. If a member is aggrieved by the +conduct or decisions of the Master, he has his redress by an appeal to the +Grrand Lodge, which will, of course, see that the Master does not rule his +lodge "in an unjust or arbitrary manner." But such a thing as an appeal +from the Master of the lodge to its members is unknown in Masonry.</p> + +<p>This may, at first sight, appear to be giving too despotic power to the +Master. But a slight reflection will convince any one that there can be +but little danger of oppression from one so guarded and controlled as a +Master is, by the sacred obligations of his office, and the supervision of +the Grand Lodge, while the placing in the hands of the craft so powerful, +and at times, and with bad spirits, so annoying a privilege as that of +immediate appeal, would necessarily tend to impair the energies and +lessen the dignity of the Master, while it would be subversive of that +spirit of discipline which pervades every part of the institution, and to +which it is mainly indebted for its prosperity and perpetuity.</p> + +<p>The ancient charges rehearsed at the installation of a Master, prescribe +the various moral qualifications which are required in the aspirant for +that elevated and responsible office. He is to be a good man, and +peaceable citizen or subject, a respecter of the laws, and a lover of his +Brethren—cultivating the social virtues and promoting the general good of +society as well as of his own Order.</p> + +<p>Within the last few years, the standard of intellectual qualifications has +been greatly elevated. And it is now admitted that the Master of a lodge, +to do justice to the exalted office which he holds, to the craft over whom +he presides, and to the candidates whom he is to instruct, should be not +only a man of irreproachable moral character, but also of expanded +intellect and liberal education. Still, as there is no express law upon +this subject, the selection of a Master and the determination of his +qualifications must be left to the judgment and good sense of the +members.</p> +</div> + +<div class="sec" id="b2-04-03"> +<h4>Section III.</h4> + +<h5><i>Of the Wardens.</i></h5> + + +<p>The Senior and Junior Warden are the assistants of the Master in the +government of the lodge. They are selected from among the members on the +floor, the possession of a previous office not being, as in the case of +the Master, a necessary qualification for election. In England they are +appointed by the Master, but in this country they are universally elected +by the lodge.</p> + +<p>During the temporary absence of the Master the Senior Warden has the right +of presiding, though he may, and often does by courtesy, invite a Past +Master to assume the chair. In like manner, in the absence of both Master +and Senior Warden, the Junior Warden will preside, and competent Brethren +will by him be appointed to fill the vacant seats of the Wardens. But if +the Master and Junior Warden be present, and the Senior Warden be absent, +the Junior Warden does not occupy the West, but retains his own station, +the Master appointing some Brother to occupy the station of the Senior +Warden. For the Junior Warden succeeds by law only to the office of +Master, and, unless that office be vacant, he is bound to fulfill the +duties of the office to which he has been obligated.</p> + +<p>In case of the death, removal from the jurisdiction, or expulsion of the +Master, by the Grand Lodge, no election can be held until the +constitutional period. The Senior Warden will take the Master's place and +preside over the lodge, while his seat will be temporarily filled from +time to time by appointment. The Senior Warden being in fact still in +existence, and only discharging one of the highest duties of his office, +that of presiding in the absence of the Master, his office cannot be +declared vacant and there can be no election for it. In such case, the +Junior Warden, for the reason already assigned, will continue at his own +station in the South.</p> + +<p>In case of the death, removal, or expulsion of both Master and Senior +Warden, the Junior Warden will discharge the duties of the Mastership and +make temporary appointments of both Wardens. It must always be remembered +that the Wardens succeed according to seniority to the office of Master +when vacant, but that neither can legally discharge the duties of the +other. It must also be remembered that when a Warden succeeds to the +government of the lodge, he does not become the Master; he is still only +a Warden discharging the functions of a higher vacated station, as one of +the expressed duties of his own office. A recollection of these +distinctions will enable us to avoid much embarrassment in the +consideration of all the questions incident to this subject. If the Master +be present, the Wardens assist him in the government of the lodge. The +Senior Warden presides over the craft while at labor, and the Junior when +they are in refreshment. Formerly the examination of visitors was +intrusted to the Junior Warden, but this duty is now more appropriately +performed by the Stewards or a special committee appointed for that +purpose.</p> + +<p>The Senior Warden has the appointment of the Senior Deacon, and the Junior +Warden that of the Stewards.</p> +</div> + +<div class="sec" id="b2-04-04"> +<h4>Section IV.</h4> + +<h5><i>Of the Treasurer.</i></h5> + + +<p>Of so much importance is this office deemed, that in English Lodges, while +all the other officers are appointed by the Master, the Treasurer alone is +elected by the lodge. It is, however, singular, that in the ritual of +installation, Preston furnishes no address to the Treasurer on his +investiture. Webb, however, has supplied the omission, and the charge +given in his work to this officer, on the night of his installation, +having been universally acknowledged and adopted by the craft in this +country, will furnish us with the most important points of the law in +relation to his duties.</p> + +<p>It is, then, in the first place, the duty of the Treasurer "to receive all +moneys from the hands of the Secretary." The Treasurer is only the banker +of the lodge. All fees for initiation, arrearages of members, and all +other dues to the lodge, should be first received by the Secretary, and +paid immediately over to the Treasurer for safe keeping.</p> + +<p>The keeping of just and regular accounts is another duty presented to the +Treasurer. As soon as he has received an amount of money from the +Secretary, he should transfer the account of it to his books. By this +means, the Secretary and Treasurer become mutual checks upon each other, +and the safety of the funds of the lodge is secured.</p> + +<p>The Treasurer is not only the banker, but also the disbursing officer of +the lodge; but he is directed to pay no money except with the consent of +the lodge and on the order of the Worshipful Master. It seems to me, +therefore, that every warrant drawn on him should be signed by the Master, +and the action of the lodge attested by the counter-signature of the +Secretary.</p> + +<p>It is usual, in consequence of the great responsibility of the Treasurer, +to select some Brother of worldly substance for the office; and still +further to insure the safety of the funds, by exacting from him a bond, +with sufficient security. He sometimes receives a per centage, or a fixed +salary, for his services.</p> +</div> + +<div class="sec" id="b2-04-05"> +<h4>Section V.</h4> + +<h5><i>Of the Secretary.</i></h5> + + +<p>It is the duty of the Secretary to record all the proceedings of the +lodge, "which may be committed to paper;" to conduct the correspondence of +the lodge, and to receive all moneys due the lodge from any source +whatsoever. He is, therefore, the recording, corresponding, and receiving +officer of the lodge. By receiving the moneys due to the lodge in the +first place, and then paying them over to the Treasurer, he becomes, as I +have already observed, a check upon that officer.</p> + +<p>In view of the many laborious duties which devolve upon him, the +Secretary, in many lodges, receives a compensation for his services.</p> + +<p>Should the Treasurer or Secretary die or be expelled, there is no doubt +that an election for a successor, to fill the unexpired term, may be held +by dispensation from the Grand Master. But the incompetency of either of +these officers to perform his duties, by reason of the infirmity of +sickness or removal from the seat of the lodge, will not, I think, +authorize such an election. Because the original officer may recover from +his infirmity, or return to his residence, and, in either case, having +been elected and installed for one year, he must remain the Secretary or +Treasurer until the expiration of the period for which he had been so +elected and installed, and, therefore, on his recovery or his return, is +entitled to resume all the prerogatives and functions of his office. The +case of death, or of expulsion, which is, in fact, masonic death, is +different, because all the rights possessed during life cease <i>ex +necessitate rei</i>, and forever lapse at the time of the said physical or +masonic death; and in the latter case, a restoration to all the rights and +privileges of Masonry would not restore the party to any office which he +had held at the time of his expulsion.</p> +</div> + +<div class="sec" id="b2-04-06"> +<h4>Section VI.</h4> + +<h5><i>Of the Deacons.</i></h5> + + +<p>In every lodge there are two of these officers—a Senior and a Junior +Deacon. They are not elected, but appointed; the former by the Master, and +the latter by the Senior Warden.</p> + +<p>The duties of these officers are many and important; but they are so well +defined in the ritual as to require no further consideration in this +place.</p> + +<p>The only question that here invites our examination is, whether the +Deacons, as appointed officers, are removable at the pleasure of the +officers who appointed them; or, whether they retain their offices, like +the Master and Wardens, until the expiration of the year. Masonic +authorities are silent on this subject; but, basing my judgment upon +analogy, I am inclined to think that they are not removable: all the +officers of a lodge are chosen to serve for one year, or, from one +festival of St. John the Evangelist to the succeeding one. This has been +the invariable usage in all lodges, and neither in the monitorial +ceremonies of installation, nor in any rules or regulations which I have +seen, is any exception to this usage made in respect to Deacons. The +written as well as the oral law of Masonry being silent on this subject, +we are bound to give them the benefit of this silence, and place them in +the same favorable position as that occupied by the superior officers, +who, we know, by express law are entitled to occupy their stations for one +year. Moreover, the power of removal is too important to be exercised +except under the sanction of an expressed law, and is contrary to the +whole spirit of Masonry, which, while it invests a presiding officer with +the largest extent of prerogative, is equally careful of the rights of the +youngest member of the fraternity.</p> + +<p>From these reasons I am compelled to believe that the Deacons, although +originally appointed by the Master and Senior Warden, are not removable by +either, but retain their offices until the expiration of the year.</p> +</div> + +<div class="sec" id="b2-04-07"> +<h4>Section VII.</h4> + +<h5><i>Of the Stewards.</i></h5> + + +<p>The Stewards, who are two in number, are appointed by the Junior Warden, +and sit on the right and left of him in the lodge. Their original duties +were, "to assist in the collection of dues and subscriptions; to keep an +account of the lodge expenses; to see that the tables are properly +furnished at refreshment, and that every Brother is suitably provided +for." They are also considered as the assistants of the Deacons in the +discharge of their duties, and, lately, some lodges are beginning to +confide to them the important trusts of a standing committee for the +examination of visitors and the preparation of candidates.</p> + +<p>What has been said in relation to the removal of the Deacons in the +preceding section, is equally applicable to the Stewards.</p> +</div> + +<div class="sec" id="b2-04-08"> +<h4>Section VIII.</h4> + +<h5><i>Of the Tiler.</i></h5> + + +<p>This is an office of great importance, and must, from the peculiar nature +of our institution, have existed from its very beginning. No lodge could +ever have been opened until a Tiler was appointed, and stationed to guard +its portals from the approach of "cowans and eavesdroppers." The +qualifications requisite for the office of a Tiler are, that he must be "a +worthy Master Mason." An Entered Apprentice, or a Fellow Craft, cannot +tile a lodge, even though it be opened in his own degree. To none but +Master Masons can this important duty of guardianship be intrusted. The +Tiler is not necessarily a member of the lodge which he tiles. There is no +regulation requiring this qualification. In fact, in large cities, one +Brother often acts as the Tiler of several lodges. If, however, he is a +member of the lodge, his office does not deprive him of the rights of +membership, and in ballotings for candidates, election of officers, or +other important questions, he is entitled to exercise his privilege of +voting, in which case the Junior Deacon will temporarily occupy his +station, while he enters the lodge to deposit his ballot. This appears to +be the general usage of the craft in this country.</p> + +<p>The Tiler is sometimes elected by the lodge, and sometimes appointed by +the Master. It seems generally to be admitted that he may be removed from +office for misconduct or neglect of duty, by the lodge, if he has been +elected, and by the Master, if he has been appointed.</p> +</div></div> + + +<div class="chapter" id="b2-05"> +<h3>Chapter V.</h3> + +<h4>Of Rules of Order.</h4> + + + +<p>The safety of the minority, the preservation of harmony, and the dispatch +of business, all require that there should be, in every well-regulated +society, some rules and forms for the government of their proceedings, +and, as has been justly observed by an able writer on parliamentary law, +"whether these forms be in all cases the most rational or not, is really +not of so great importance; for it is much more material that there should +be a rule to go by, than what that rule is."<sup><a href="#fn50">50</a></sup> By common consent, the +rules established for the government of Parliament in England, and of +Congress in the United States, and which are known collectively under the +name of "Parliamentary Law," have been adopted for the regulation of all +deliberative bodies, whether of a public or private nature. But lodges of +Freemasons differ so much in their organization and character from other +societies, that this law will, in very few cases, be found applicable; +and, indeed, in many positively inapplicable to them. The rules, +therefore, for the government of masonic lodges are in general to be +deduced from the usages of the Order, from traditional or written +authority, and where both of them are silent, from analogy to the +character of the institution. To each of these sources, therefore, I shall +apply, in the course of the present chapter, and in some few instances, +where the parliamentary law coincides with our own, reference will be made +to the authority of the best writers on that science.</p> + + +<div class="sec" id="b2-05-01"> +<h4>Section I.</h4> + +<h5><i>Of the Order of Business.</i></h5> + + +<p>When the Brethren have been "congregated," or called together by the +presiding officer, the first thing to be attended to is the ceremony of +opening the lodge. The consideration of this subject, as it is +sufficiently detailed in our ritual, will form no part of the present +work.</p> + +<p>The lodge having been opened, the next thing to be attended to is the +reading of the minutes of the last communication. The minutes having been +read, the presiding officer will put the question on their confirmation, +having first inquired of the Senior and Junior Wardens, and lastly of the +Brethren "around the lodge," whether they have any alterations to propose. +It must be borne in mind, that the question of confirmation is simply a +question whether the Secretary has faithfully and correctly recorded the +transactions of the lodge. If, therefore, it can be satisfactorily shown +by any one that there is a mis-entry, or the omission of an entry, this is +the time to correct it; and where the matter is of sufficient importance, +and the recording officer, or any member disputes the charge of error, the +vote of the lodge will be taken on the subject, and the journal will be +amended or remain as written, according to the opinion so expressed by the +majority of the members. As this is, however, a mere question of memory, +it must be apparent that those members only who were present at the +previous communication, the records of which are under examination, are +qualified to express a fair opinion. All others should ask and be +permitted to be excused from voting.</p> + +<p>As no special communication can alter or amend the proceedings of a +regular one, it is not deemed necessary to present the records of the +latter to the inspection of the former. This preliminary reading of the +minutes is, therefore, always omitted at special communications.</p> + +<p>After the reading of the minutes, unfinished business, such as motions +previously submitted and reports of committees previously appointed, will +take the preference of all other matters. Special communications being +called for the consideration of some special subject, that subject must of +course claim the priority of consideration over all others.</p> + +<p>In like manner, where any business has been specially and specifically +postponed to another communication, it constitutes at that communication +what is called, in parliamentary law, "the order of the day," and may at +any time in the course of the evening be called up, to the exclusion of +all other business.</p> + +<p>The lodge may, however, at its discretion, refuse to take up the +consideration of such order; for the same body which determined at one +time to consider a question, may at another time refuse to do so. This is +one of those instances in which parliamentary usage is applicable to the +government of a lodge. Jefferson says: "Where an order is made, that any +particular matter be taken up on any particular day, there a question is +to be put, when it is called for, Whether the house will now proceed to +that matter?" In a lodge, however, it is not the usage to propose such a +question, but the matter being called up, is discussed and acted on, +unless some Brother moves its postponement, when the question of +postponement is put.</p> + +<p>But with these exceptions, the unfinished business must first be disposed +of, to avoid its accumulation and its possible subsequent neglect.<sup><a href="#fn51">51</a></sup></p> + +<p>New business will then be taken up in such order as the local bye-laws +prescribe, or the wisdom of the Worshipful Master may suggest.</p> + +<p>In a discussion, when any member wishes to speak, he must stand up in his +place, and address himself not to the lodge, nor to any particular +Brother, but to the presiding officer, styling him "Worshipful."</p> + +<p>When two or more members rise nearly together, the presiding officer +determines who is entitled to speak, and calls him by his name, whereupon +he proceeds, unless he voluntarily sits down, and gives way to the other. +The ordinary rules of courtesy, which should govern a masonic body above +all other societies, as well as the general usage of deliberative bodies, +require that the one first up should be entitled to the floor. But the +decision of this fact is left entirely to the Master, or presiding +officer.</p> + +<p>Whether a member be entitled to speak once or twice to the same question, +is left to the regulation of the local bye-laws of every lodge. But, under +all circumstances, it seems to be conceded, that a member may rise at any +time with the permission of the presiding officer, or for the purpose of +explanation.</p> + +<p>A member may be called to order by any other while speaking, for the use +of any indecorous remark, personal allusion, or irrelevant matter; but +this must be done in a courteous and conciliatory manner, and the question +of order will at once be decided by the presiding officer.</p> + +<p>No Brother is to be interrupted while speaking, except for the purpose of +calling him to order, or to make a necessary explanation; nor are any +separate conversations, or, as they are called in our ancient charges, +"private committees," to be allowed.</p> + +<p>Every member of the Order is, in the course of the debate as well as at +all other times in the lodge, to be addressed by the title of "Brother," +and no secular or worldly titles are ever to be used.</p> + +<p>In accordance with the principles of justice, the parliamentary usage is +adopted, which permits the mover of a resolution to make the concluding +speech, that he may reply to all those who have spoken against it, and sum +up the arguments in its favor. And it would be a breach of order as well +as of courtesy for any of his opponents to respond to this final argument +of the mover.</p> + +<p>It is within the discretion of the Master, at any time in the course of +the evening, to suspend the business of the lodge for the purpose of +proceeding to the ceremony of initiation, for the "work" of Masonry, as it +is technically called, takes precedence of all other business.</p> + +<p>When all business, both old and new, and the initiation of candidates, if +there be any, has been disposed of, the presiding officer inquires of the +officers and members if there be anything more to be proposed before +closing. Custom has prescribed a formulary for making this inquiry, which +is in the following words.</p> + +<p>The Worshipful Master, addressing the Senior and Junior Wardens and then +the Brethren, successively, says: "Brother Senior, have you anything to +offer in the West for the good of Masonry in general or of this lodge in +particular? Anything in the South, Brother Junior? Around the lodge, +Brethren?" The answers to these inquiries being in the negative on the +part of the Wardens, and silence on that of the craft, the Master proceeds +to close the lodge in the manner prescribed in the ritual.</p> + +<p>The reading of the minutes of the evening, not for confirmation, but for +suggestion, lest anything may have been omitted, should always precede the +closing ceremonies, unless, from the lateness of the hour, it be dispensed +with by the members.</p> +</div> + +<div class="sec" id="b2-05-02"> +<h4>Section II.</h4> + +<h5><i>Of Appeals from the Decision of the Chair.</i></h5> + + +<p>Freemasonry differs from all other institutions, in permitting no appeal +to the lodge from the decision of the presiding officer. The Master is +supreme in his lodge, so far as the lodge is concerned. He is amenable +for his conduct, in the government of the lodge, not to its members, but +to the Grand Lodge alone. In deciding points of order as well as graver +matters, no appeal can be taken from that decision to the lodge. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. It is, in fact, wrong that the +Master should even by courtesy permit such an appeal to be taken; because, +as the Committee of Correspondence of the Grand Lodge of Tennessee have +wisely remarked, by the admission of such appeals by <i>courtesy</i>, "is +established ultimately a precedent from which will be claimed <i>the right +to take</i> appeals."<sup><a href="#fn52">52</a></sup> If a member is aggrieved with the conduct or the +decisions of the Master, he has his redress by an appeal to the Grand +Lodge, which will of course see that the Master does not rule his lodge +"in an unjust or arbitrary manner." But such a thing as an appeal from the +Master to the lodge is unknown in Masonry.</p> + +<p>This, at first view, may appear to be giving too despotic a power to the +Master. But a little reflection will convince any one that there can be +but slight danger of oppression from one so guarded and controlled as the +Master is by the obligations of his office and the superintendence of the +Grand Lodge, while the placing in the hands of the craft so powerful, and, +with bad spirits, so annoying a privilege as that of immediate appeal, +would necessarily tend to impair the energies and lessen the dignity of +the Master, at the same time that it would be totally subversive of that +spirit of strict discipline which pervades every part of the institution, +and to which it is mainly indebted for its prosperity and perpetuity.</p> + +<p>In every case where a member supposes himself to be aggrieved by the +decision of the Master, he should make his appeal to the Grand Lodge.</p> + +<p>It is scarcely necessary to add, that a Warden or Past Master, presiding +in the absence of the Master, assumes for the time all the rights and +prerogatives of the Master.</p> +</div> + +<div class="sec" id="b2-05-03"> +<h4>Section III.</h4> + +<h5><i>Of the Mode of Taking the Question.</i></h5> + + +<p>The question in Masonry is not taken <i>viva voce</i> or by "aye" and "nay." +This should always be done by "a show of hands." The regulation on this +subject was adopted not later than the year 1754, at which time the Book +of Constitutions was revised, "and the necessary alterations and additions +made, consistent with the laws and rules of Masonry," and accordingly, in +the edition published in the following year, the regulation is laid down +in these words—"The opinions or votes of the members are always to be +signified by each holding up one of his hands: which uplifted hands the +Grand Wardens are to count; unless the number of hands be so unequal as to +render the counting useless. Nor should any other kind of division be ever +admitted among Masons."<sup><a href="#fn53">53</a></sup></p> + +<p>Calling for the yeas and nays has been almost universally condemned as an +unmasonic practice, nor should any Master allow it to be resorted to in +his lodge.</p> + +<p>Moving the "previous question," a parliamentary invention for stopping all +discussion, is still more at variance with the liberal and harmonious +spirit which should distinguish masonic debates, and is, therefore, never +to be permitted in a lodge.</p> +</div> + +<div class="sec" id="b2-05-04"> +<h4>Section IV.</h4> + +<h5><i>Of Adjournments.</i></h5> + + +<p>Adjournment is a term not recognized in Masonry. There are but two ways in +which the communication of a lodge can be terminated; and these are either +by <i>closing</i> the lodge, or by <i>calling from labor to refreshment</i>. In the +former case the business of the communication is finally disposed of until +the next communication; in the latter the lodge is still supposed to be +open and may resume its labors at any time indicated by the Master.</p> + +<p>But both the time of closing the lodge and of calling it from labor to +refreshment is to be determined by the absolute will and the free judgment +of the Worshipful Master, to whom alone is intrusted the care of "setting +the craft to work, and giving them wholesome instruction for labor." He +alone is responsible to the Grand Master and the Grand Lodge, that his +lodge shall be opened, continued, and closed in harmony; and as it is by +his "will and pleasure" only that it is opened, so is it by his "will and +pleasure" only that it can be closed. Any attempt, therefore, on the part +of the lodge to entertain a motion for adjournment would be an +infringement of this prerogative of the Master. Such a motion is, +therefore, always out of order, and cannot be; and cannot be acted on.</p> + +<p>The rule that a lodge cannot adjourn, but remain in session until closed +by the Master, derives an authoritative sanction also from the following +clause in the fifth of the Old Charges.</p> + +<p>"All Masons employed shall meekly receive their wages without murmuring or +mutiny, <i>and not desert the Master till the work is finished</i>."</p> +</div> + +<div class="sec" id="b2-05-05"> +<h4>Section V.</h4> + +<h5><i>Of the Appointment of Committees.</i></h5> + + +<p>It is the prerogative of the Master to appoint all Committees, unless by a +special resolution provision has been made that a committee shall +otherwise be appointed.</p> + +<p>The Master is also, <i>ex officio</i>, chairman of every committee which he +chooses to attend, although he may not originally have been named a member +of such committee. But he may, if he chooses, waive this privilege; yet he +may, at any time during the session of the committee, reassume his +inherent prerogative of governing the craft at all times when in his +presence, and therefore take the chair.</p> +</div> + +<div class="sec" id="b2-05-06"> +<h4>Section VI.</h4> + +<h5><i>Of the Mode of Keeping the Minutes.</i></h5> + + +<p>Masonry is preeminently an institution of forms, and hence, as was to be +expected, there is a particular form provided for recording the +proceedings of a lodge. Perhaps the best method of communicating this form +to the reader will be, to record the proceedings of a supposititious +meeting or communication.</p> + +<p>The following form, therefore, embraces the most important transactions +that usually occur during the session of a lodge, and it may serve as an +exemplar, for the use of secretaries.</p> + +<p>"A regular communication of —— Lodge, NO. ——, was holden at ——; on +----, the —— day of ——A.: L.: 58—.</p> + +<pre> + Present. + + Bro.: A. B——, W.: Master. + " B. C——, S.: Warden. + " C. D——, J.: Warden. + " D. E——, Treasurer. + " E. F——, Secretary. + " F. G——, S.: Deacon. + " G. H——, J.: Deacon. + " H. I——, } Stewards. + " I. K——, } + " K. L——, Tiler. + + <i>Members.</i> + Bro.: L. M—— + M. N—— + N. O—— + O. P—— + + <i>Visitors.</i> + P. Q—— + Q. R—— + R. S—— + S. T—— +</pre> + +<p>The Lodge was opened in due form on the third degree of Masonry.</p> + +<p>"The minutes of the regular communication of —— were read and +confirmed.<sup><a href="#fn54">54</a></sup></p> + +<p>"The committee on the petition of Mr. C. B., a candidate for initiation, +reported favorably, whereupon he was balloted for and duly elected.</p> + +<p>"The committee on the application of Mr. D. C., a candidate for +initiation, reported favorably, whereupon he was balloted for, and the box +appearing foul he was rejected.</p> + +<p>"The committee on the application of Mr. E. D., a candidate for initiation, +having reported unfavorably, he was declared rejected without a ballot.</p> + +<p>"The petition of Mr. F. E., a candidate for initiation, having been +withdrawn by his friends, he was declared rejected without a ballot.</p> + +<p>"A petition for initiation from Mr. G.F., inclosing the usual amount and +recommended by Bros. C. D.—— and H. I.——, was referred to a committee +of investigation consisting of Bros. G. H.——, L. M.——, and O. P.——.</p> + +<p>"Bro. S.R., an Entered Apprentice, having applied for advancement, was +duly elected to take the second degree; and Bro. W.Y., a Fellow Craft, +was, on his application for advancement, duly elected to take the third +degree.</p> + +<p>"A letter was read from Mrs. T. V.——, the widow of a Master Mason, when +the sum of twenty dollars was voted for her relief.</p> + +<p>"The amendment to article 10, section 5 of the bye-laws, proposed by Bro. +M. N. —— at the communication of ——, was read a third time, adopted by +a constitutional majority and ordered to be sent to the Grand Lodge for +approval and confirmation.</p> + +<p>"The Lodge of Master Masons was then closed, and a lodge of Entered +Apprentices opened in due form.</p> + +<p>"Mr. C. B., a candidate for initiation, being in waiting, was duly +prepared, brought forward and initiated as an Entered Apprentice, he +paying the usual fee.</p> + +<p>"The Lodge of Entered Apprentices was then closed, and a Lodge of Fellow +Crafts opened in due form.</p> + +<p>"Bro. S. R., an Entered Apprentice, being in waiting, was duly prepared, +brought forward and passed to the degree of a Fellow Craft, he paying the +usual fee.</p> + +<p>"The Lodge of Fellow Crafts was then closed, and a lodge of Master Masons +opened in due form.</p> + +<p>"Bro. W. Y., a Fellow Craft, being in waiting, was duly prepared, brought +forward and raised to the sublime degree of a Master Mason, he paying the +usual fee.</p> + +<p>Amount received this evening, as follows:</p> + +<table summary="amount received"> +<tr><td> Petition </td><td>of </td><td>Mr. G. F., </td><td>$5</td></tr> +<tr><td> Fee </td><td>of </td><td>Bro. C. B., </td><td>5</td></tr> +<tr><td> do. </td><td>of </td><td>Bro. S. R., </td><td>5</td></tr> +<tr><td> do. </td><td>of </td><td>Bro. W. Y., </td><td>5—</td><td>Total, $20</td></tr> +</table> + +<p>all of which was paid over to the Treasurer.</p> + +<p>There being no further business, the lodge was closed in due form and +harmony.</p> + +<p>E. F——,</p> + +<p><i>Secretary.</i></p> + +<p>Such is the form which has been adopted as the most convenient mode of +recording the transactions of a lodge. These minutes must be read, at the +close of the meeting, that the Brethren may suggest any necessary +alterations or additions, and then at the beginning of the next regular +meeting, that they may be confirmed, after which they should be +transcribed from the rough Minute Book in which they were first entered +into the permanent Record Book of the lodge.</p> +</div></div></div> + + + +<div class="book" id="b3"> +<h2>Book Third.</h2> + +<h3>The Law of Individuals.</h3> + + + +<p>Passing from the consideration of the law, which refers to Masons in their +congregated masses, as the constituents of Grand and Subordinate Lodges, I +next approach the discussion of the law which governs, them in their +individual capacity, whether in the inception of their masonic life, as +candidates for initiation, or in their gradual progress through each of +the three degrees, for it will be found that a Mason, as he assumes new +and additional obligations, and is presented with increased light, +contracts new duties, and is invested with new prerogatives and +privileges.</p> + + + +<div class="chapter" id="b3-01"> +<h3>Chapter I.</h3> + +<h4>Of the Qualifications of Candidates.</h4> + + + +<p>The qualifications of a candidate for initiation into the mysteries of +Freemasonry, are four-fold in their character—moral, physical, +intellectual and political.</p> + +<p>The moral character is intended to secure the respectability of the Order, +because, by the worthiness of its candidates, their virtuous deportment, +and good reputation, will the character of the institution be judged, +while the admission of irreligious libertines and contemners of the moral +law would necessarily impair its dignity and honor.</p> + +<p>The physical qualifications of a candidate contribute to the utility of +the Order, because he who is deficient in any of his limbs or members, and +who is not in the possession of all his natural senses and endowments, is +unable to perform, with pleasure to himself or credit to the fraternity, +those peculiar labors in which all should take an equal part. He thus +becomes a drone in the hive, and so far impairs the usefulness of the +lodge, as "a place where Freemasons assemble to work, and to instruct and +improve themselves in the mysteries of their ancient science."</p> + +<p>The intellectual qualifications refer to the security of the Order; +because they require that its mysteries shall be confided only to those +whose mental developments are such as to enable them properly to +appreciate, and faithfully to preserve from imposition, the secrets thus +entrusted to them. It is evident, for instance, that an idiot could +neither understand the hidden doctrines that might be communicated to him, +nor could he so secure such portions as he might remember, in the +"depositary of his heart," as to prevent the designing knave from worming +them out of him; for, as the wise Solomon has said, "a fool's mouth is his +destruction, and his lips are the snare of his soul."</p> + +<p>The political qualifications are intended to maintain the independence of +the Order; because its obligations and privileges are thus confided only +to those who, from their position in society, are capable of obeying the +one, and of exercising the other without the danger of let or hindrance +from superior authority.</p> + +<p>Of the moral, physical and political qualifications of a candidate there +can be no doubt, as they are distinctly laid down in the ancient charges +and constitutions. The intellectual are not so readily decided.</p> + +<p>These four-fold qualifications may be briefly summed up in the following +axioms.</p> + +<p><i>Morally</i>, the candidate must be a man of irreproachable conduct, a +believer in the existence of God, and living "under the tongue of good +report."</p> + +<p><i>Physically</i>, he must be a man of at least twenty-one years of age, +upright in body, with the senses of a man, not deformed or dismembered, +but with hale and entire limbs as a <i>man</i> ought to be.</p> + +<p><i>Intellectually</i>, he must be a man in the full possession of his +intellects, not so young that his mind shall not have been formed, nor so +old that it shall have fallen into dotage; neither a fool, an idiot, nor a +madman; and with so much education as to enable him to avail himself of +the teachings of Masonry, and to cultivate at his leisure a knowledge of +the principles and doctrines of our royal art.</p> + +<p><i>Politically</i>, he must be in the unrestrained enjoyment of his civil and +personal liberty, and this, too, by the birthright of inheritance, and not +by its subsequent acquisition, in consequence of his release from +hereditary bondage.</p> + +<p>The lodge which strictly demands these qualifications of its candidates +may have fewer members than one less strict, but it will undoubtedly have +better ones.</p> + +<p>But the importance of the subject demands for each class of the +qualifications a separate section, and a more extended consideration.</p> + + +<div class="sec" id="b3-01-01"> +<h4>Section I.</h4> + +<h5><i>Of the Moral Qualifications of Candidates.</i></h5> + + +<p>The old charges state, that "a Mason is obliged by his tenure to obey the +moral law." It is scarcely necessary to say, that the phrase, "moral law," +is a technical expression of theology, and refers to the Ten Commandments, +which are so called, because they define the regulations necessary for the +government of the morals and manners of men. The habitual violation of any +one of these commands would seem, according to the spirit of the Ancient +Constitutions, to disqualify a candidate for Masonry.</p> + +<p>The same charges go on to say, in relation to the religious character of a +Mason, that he should not be "a stupid atheist, nor an irreligious +libertine." A denier of the existence of a Supreme Architect of the +Universe cannot, of course, be obligated as a Mason, and, accordingly, +there is no landmark more certain than that which excludes every atheist +from the Order.</p> + +<p>The word "libertine" has, at this day, a meaning very different from what +it bore when the old charges were compiled. It then signified what we now +call a "free-thinker," or disbeliever in the divine revelation of the +Scriptures. This rule would therefore greatly abridge the universality and +tolerance of the Institution, were it not for the following qualifying +clause in the same instrument:—</p> + +<p>"Though in ancient times Masons were charged in every country to be of the +religion of that country or nation, whatever it was, yet it is now thought +more expedient only to oblige them to that religion in which all men +agree, leaving their particular opinions to themselves; that is, to be +good men and true, or men of honor and honesty, by whatever denominations +or persuasions they may be distinguished."</p> + +<p>The construction now given universally to the religious qualification of a +candidate, is simply that he shall have a belief in the existence and +superintending control of a Supreme Being.</p> + +<p>These old charges from which we derive the whole of our doctrine as to the +moral qualifications of a candidate, further prescribe as to the political +relations of a Mason, that he is to be "a peaceable subject to the civil +powers, wherever he resides or works, and is never to be concerned in +plots and conspiracies against the peace and welfare of the nation, nor to +behave himself undutifully to inferior magistrates. He is cheerfully to +conform to every lawful authority; to uphold on every occasion the +interest of the community, and zealously promote the prosperity of his own +country."</p> + +<p>Such being the characteristics of a true Mason, the candidate who desires +to obtain that title, must show his claim to the possession of these +virtues; and hence the same charges declare, in reference to these moral +qualifications, that "The persons made Masons, or admitted members of a +lodge, must be good and true men—no immoral or scandalous men, but of +good report."</p> +</div> + +<div class="sec" id="b3-01-02"> +<h4>Section II.</h4> + +<h5><i>Of the Physical Qualifications of Candidates.</i></h5> + + +<p>The physical qualifications of a candidate refer to his sex, his age, and +the condition of his limbs.</p> + +<p>The first and most important requisite of a candidate is, that he shall be +"<i>a man</i>." No woman can be made a Mason. This landmark is so indisputable, +that it would be wholly superfluous to adduce any arguments or authority +in its support.</p> + +<p>As to age, the old charges prescribe the rule, that the candidate must be +"of mature and discreet age." But what is the precise period when one is +supposed to have arrived at this maturity and discretion, cannot be +inferred from any uniform practice of the craft in different countries. +The provisions of the civil law, which make twenty-one the age of +maturity, have, however, been generally followed. In this country the +regulation is general, that the candidate must be twenty-one years of age. +Such, too, was the regulation adopted by the General Assembly, which met +on the 27th Dec., 1663, and which prescribed that "no person shall be +accepted unless he be twenty-one years old or more."<sup><a href="#fn55">55</a></sup> In Prussia, the +candidate is required to be twenty-five; in England, twenty-one,<sup><a href="#fn56">56</a></sup> +"unless by dispensation from the Grand Master, or Provincial Grand +Master;" in Ireland, twenty-one, except "by dispensation from the Grand +Master, or the Grand Lodge;" in France, twenty-one, unless the candidate +be the son of a Mason who has rendered important service to the craft, +with the consent of his parent or guardian, or a young man who has served +six months with his corps in the army—such persons may be initiated at +eighteen; in Switzerland, the age of qualification is fixed at twenty-one, +and in Frankfort-on-Mayn, at twenty. In this country, as I have already +observed, the regulation of 1663 is rigidly enforced, and no candidate, +who has not arrived at the age of twenty-one, can be initiated.</p> + +<p>Our ritual excludes "an old man in his dotage" equally with a "young man +under age." But as dotage signifies imbecility of mind, this subject will +be more properly considered under the head of intellectual qualifications.</p> + +<p>The physical qualifications, which refer to the condition of the +candidate's body and limbs, have given rise, within a few years past, to +a great amount of discussion and much variety of opinion. The regulation +contained in the old charges of 1721, which requires the candidate to be +"a perfect youth," has in some jurisdictions been rigidly enforced to the +very letter of the law, while in others it has been so completely +explained away as to mean anything or nothing. Thus, in South Carolina, +where the rule is rigid, the candidate is required to be neither deformed +nor dismembered, but of hale and entire limbs, as a man ought to be, while +in Maine, a deformed person may be admitted, provided "the deformity is +not such as to prevent him from being instructed in the arts and mysteries +of Freemasonry."</p> + +<p>The first written law which we find on this subject is that which was +enacted by the General Assembly held in 1663, under the Grand Mastership +of the Earl of St. Albans, and which declares "that no person shall +hereafter be accepted a Freemason but such as are of <i>able</i> body."<sup><a href="#fn57">57</a></sup></p> + +<p>Twenty years after, in the reign of James II., or about the year 1683, it +seems to have been found necessary, more exactly to define the meaning of +this expression, "of able body," and accordingly we find, among the +charges ordered to be read to a Master on his installation, the following +regulation:</p> + +<p>"Thirdly, that he that be made be able in all degrees; that is, free-born, +of a good kindred, true, and no bondsman, and that <i>he have his right +limbs as a man ought to have."</i><sup><a href="#fn58">58</a></sup></p> + +<p>The old charges, published in the original Book of Constitutions in 1723, +contain the following regulation:</p> + +<p>"No Master should take an Apprentice, unless he be a perfect youth having +no maim or defect that may render him uncapable of learning the art."</p> + +<p>Notwithstanding the positive demand for <i>perfection</i>, and the positive and +explicit declaration that he must have <i>no maim or defect</i>, the remainder +of the sentence has, within a few years past, by some Grand Lodges, been +considered as a qualifying clause, which would permit the admission of +candidates whose physical defects did not exceed a particular point. But, +in perfection, there can be no degrees of comparison, and he who is +required to be perfect, is required to be so without modification or +diminution. That which is <i>perfect</i> is complete in all its parts, and, by +a deficiency in any portion of its constituent materials, it becomes not +less perfect, (which expression would be a solecism in grammar,) but at +once by the deficiency ceases to be perfect at all—it then becomes +imperfect. In the interpretation of a law, "words," says Blackstone, "are +generally to be understood in their usual and most known signification," +and then "perfect" would mean, "complete, entire, neither defective nor +redundant." But another source of interpretation is, the "comparison of a +law with other laws, that are made by the same legislator, that have some +affinity with the subject, or that expressly relate to the same +point."<sup><a href="#fn59">59</a></sup> Applying this law of the jurists, we shall have no difficulty +in arriving at the true signification of the word "perfect," if we refer +to the regulation of 1683, of which the clause in question appears to have +been an exposition. Now, the regulation of 1683 says, in explicit terms, +that the candidate must "<i>have his right limbs as a man ought to have</i>." +Comparing the one law with the other, there can be no doubt that the +requisition of Masonry is and always has been, that admission could only +be granted to him who was neither deformed nor dismembered, but of hale +and entire limbs as a man should be.</p> + +<p>But another, and, as Blackstone terms it, "the most universal and +effectual way of discovering the true meaning of a law" is, to consider +"the reason and spirit of it, or the cause which moved the legislator to +enact it." Now, we must look for the origin of the law requiring physical +perfection, not to the formerly operative character of the institution, +(for there never was a time when it was not speculative as well as +operative,) but to its symbolic nature. In the ancient temple, every stone +was required to be <i>perfect</i>, for a perfect stone was the symbol of truth. +In our mystic association, every Mason represents a stone in that +spiritual temple, "that house not made with hands, eternal in the +heavens," of which the temple of Solomon was the type. Hence it is +required that he should present himself, like the perfect stone in the +material temple, a perfect man in the spiritual building. "The symbolic +relation of each member of the Order to its mystic temple, forbids the +idea," says Bro. W.S. Rockwell, of Georgia,<sup><a href="#fn60">60</a></sup> "that its constituent +portions, its living stones, should be less perfect or less a type of +their great original, than the immaculate material which formed the +earthly dwelling place of the God of their adoration." If, then, as I +presume it will be readily conceded, by all except those who erroneously +suppose the institution to have been once wholly operative and afterwards +wholly speculative, perfection is required in a candidate, not for the +physical reason that he may be enabled to give the necessary signs of +recognition, but because the defect would destroy the symbolism of that +perfect stone which every Mason is supposed to represent in the spiritual +temple, we thus arrive at a knowledge of the causes which moved the +legislators of Masonry to enact the law, and we see at once, and without +doubt, that the words <i>perfect youth</i> are to be taken in an unqualified +sense, as signifying one who has "his right limbs as a man ought to +have."<sup><a href="#fn61">61</a></sup></p> + +<p>It is, however, but fair to state that the remaining clause of the old +charge, which asserts that the candidate must have no maim or defect that +may render him incapable of learning the art, has been supposed to intend +a modification of the word "perfect," and to permit the admission of one +whose maim or defect was not of such a nature as to prevent his learning +the art of Masonry. But I would respectfully suggest that a criticism of +this kind is based upon a mistaken view of the import of the words. The +sentence is not that the candidate must have no such maim or defect as +might, by possibility, prevent him from learning the art; though this is +the interpretation given by those who are in favor of admitting slightly +maimed candidates. It is, on the contrary, so worded as to give a +consequential meaning to the word "<i>that</i>." He must have no maim or defect +<i>that</i> may render him incapable; that is, <i>because</i>, by having such maim +or defect, he would be rendered incapable of acquiring our art.</p> + +<p>In the Ahiman Rezon published by Laurence Dermott in 1764, and adopted for +the government of the Grand Lodge of Ancient York Masons in England, and +many of the Provincial Grand and subordinate lodges of America, the +regulation is laid down that candidates must be "men of good report, +free-born, of mature age, not deformed nor dismembered at the time of +their making, and no woman or eunuch." It is true that at the present day +this book possesses no legal authority among the craft; but I quote it, to +show what was the interpretation given to the ancient law by a large +portion, perhaps a majority, of the English and American Masons in the +middle of the eighteenth century.</p> + +<p>A similar interpretation seems at all times to have been given by the +Grand Lodges of the United States, with the exception of some, who, within +a few years past, have begun to adopt a more latitudinarian construction.</p> + +<p>In Pennsylvania it was declared, in 1783, that candidates are not to be +"deformed or dismembered at the time of their making."</p> + +<p>In South Carolina the book of Constitutions, first published in 1807, +requires that "every person desiring admission must be upright in body, +not deformed or dismembered at the time of making, but of hale and entire +limbs, as a man ought to be."</p> + +<p>In the "Ahiman Rezon and Masonic Ritual," published by order of the Grand +Lodge of North Carolina and Tennessee, in the year 1805, candidates are +required to be "hale and sound, not deformed or dismembered at the time of +their making."<sup><a href="#fn62">62</a></sup></p> + +<p>Maryland, in 1826, sanctioned the Ahiman Rezon of Cole, which declares +the law in precisely the words of South Carolina, already quoted.</p> + +<p>In 1823, the Grand Lodge of Missouri unanimously adopted a report, which +declared that all were to be refused admission who were not "sound in mind +and <i>all their members</i>," and she adopted a resolution asserting that "the +Grand Lodge cannot grant a letter or dispensation to a subordinate lodge +working under its jurisdiction, to initiate any person maimed, disabled, +or wanting the qualifications establishing by ancient usage."<sup><a href="#fn63">63</a></sup></p> + +<p>But it is unnecessary to multiply instances. There never seems to have +been any deviation from the principle that required absolute physical +perfection, until, within a few years, the spirit of expediency<sup><a href="#fn64">64</a></sup> has +induced some Grand Lodges to propose a modified construction of the law, +and to admit those whose maims or deformities were not such as to prevent +them from complying with the ceremonial of initiation. Still, a large +number of the Grand Lodges have stood fast by the ancient landmark, and it +is yet to be hoped that all will return to their first allegiance. The +subject is an important one, and, therefore, a few of the more recent +authorities, in behalf of the old law may with advantage be cited.</p> + +<p>"We have examined carefully the arguments 'pro and con,' that have +accompanied the proceedings of the several Grand Lodges, submitted to us, +and the conviction has been forced upon our minds, even against our wills, +that we depart from the ancient landmarks and usages of Masonry, whenever +we admit an individual wanting in one of the human senses, or who is in +any particular maimed or deformed."—<i>Committee of Correspondence G. Lodge +of Georgia</i>, 1848, <i>page</i> 36.</p> + +<p>"The rationale of the law, excluding persons physically imperfect and +deformed, lies deeper and is more ancient than the source ascribed to +it.<sup><a href="#fn65">65</a></sup> It is grounded on a principle recognized in the earliest ages of +the world; and will be found identical with that which obtained among the +ancient Jews. In this respect the Levitical law was the same as the +masonic, which would not allow any 'to go in unto the vail' who had a +blemish—a blind man, or a lame, or a man that was broken-footed, or +broken-handed, or a dwarf, &c....</p> + +<p>"The learned and studious Freemasonic antiquary can satisfactorily explain +the metaphysics of this requisition in our Book of Constitutions. For the +true and faithful Brother it sufficeth to know that such a requisition +exists. He will prize it the more because of its antiquity.... No man can +in perfection be 'made a Brother,' no man can truly 'learn our mysteries,' +and practice them, or 'do the work of a Freemason,' if he is not a <i>man</i> +with body free from maim, defect and deformity."—<i>Report of a Special +Committee of the Grand Lodge of New York, in</i> 1848.<sup><a href="#fn66">66</a></sup></p> + +<p>"The records of this Grand Lodge may be confidently appealed to, for +proofs of her repeated refusal to permit maimed persons to be initiated, +and not simply on the ground that ancient usage forbids it, but because +the fundamental constitution of the Order—the ancient charges—forbid +it."—<i>Committee of Correspondence of New York, for 1848, p. 70.</i></p> + +<p>"The lodges subordinate to this Grand Lodge are hereby required, in the +initiation of applicants for Masonry, to adhere to the ancient law (as +laid down in our printed books), which says he shall be of <i>entire +limbs</i>"—<i>Resolution of the G.L. of Maryland, November, 1848.</i></p> + +<p>"I received from the lodge at Ashley a petition to initiate into our Order +a gentleman of high respectability, who, unfortunately, has been maimed. I +refused my assent.... I have also refused a similar request from the lodge +of which I am a member. The fact that the most distinguished masonic body +on earth has recently removed one of the landmarks, should teach <i>us</i> to +be careful how we touch those ancient boundaries."—<i>Address of the Grand +Master of New Jersey in 1849.</i></p> + +<p>"The Grand Lodge of Florida adopted such a provision in her constitution, +[the qualifying clause permitting the initiation of a maimed person, if +his deformity was not such as to prevent his instruction], but more +mature reflection, and more light reflected from our sister Grand Lodges, +caused it to be stricken from our constitution."—<i>Address of Gov. Tho. +Brown, Grand Master of Florida in</i> 1849.</p> + +<p>"As to the physical qualifications, the Ahiman Rezon leaves no doubt on +the subject, but expressly declares, that every applicant for initiation +must be a man, free-born, of lawful age, in the perfect enjoyment of his +senses, hale, and sound, and not deformed or dismembered; this is one of +the ancient landmarks of the Order, which it is in the power of no body of +men to change. A man having but one arm, or one leg, or who is in anyway +deprived of his due proportion of limbs and members, is as incapable of +initiation as a woman."—<i>Encyclical Letter of the Grand Lodge of South +Carolina to its subordinates in</i> 1849.</p> + +<p>Impressed, then, by the weight of these authorities, which it would be +easy, but is unnecessary, to multiply—guided by a reference to the +symbolic and speculative (not operative) reason of the law—and governed +by the express words of the regulation of 1683—I am constrained to +believe that the spirit as well as the letter of our ancient landmarks +require that a candidate for admission should be perfect in all his +parts, that is, neither redundant nor deficient, neither deformed nor +dismembered, but of hale and entire limbs, as a man ought to be.</p> +</div> + +<div class="sec" id="b3-01-03"> +<h4>Section III.</h4> + +<h5><i>Of the Intellectual Qualifications of Candidates.</i></h5> + + +<p>The Old Charges and Ancient Constitutions are not as explicit in relation +to the intellectual as to the moral and physical qualifications of +candidates, and, therefore, in coming to a decision on this subject, we +are compelled to draw our conclusions from analogy, from common sense, and +from the peculiar character of the institution. The question that here +suggests itself on this subject is, what particular amount of human +learning is required as a constitutional qualification for initiation?</p> + +<p>During a careful examination of every ancient document to which I have had +access, I have met with no positive enactment forbidding the admission of +uneducated persons, even of those who can neither read nor write. The +unwritten, as well as the written laws of the Order, require that the +candidate shall be neither a <i>fool</i> nor an <i>idiot</i>, but that he shall +possess a discreet judgment, and be in the enjoyment of all the senses of +a man. But one who is unable to subscribe his name, or to read it when +written, might still very easily prove himself to be within the +requirements of this regulation. The Constitutions of England, formed +since the union of the two Grand Lodges in 1813, are certainly explicit +enough on this subject. They require even more than a bare knowledge of +reading and writing, for, in describing the qualifications of a candidate, +they say:</p> + +<p>"He should be a lover of the liberal arts and sciences, and have made some +progress in one or other of them; and he must, previous to his initiation, +subscribe his name at full length, to a declaration of the following +import," etc. And in a note to this regulation, it is said, "Any +individual who cannot write is, consequently, ineligible to be admitted +into the Order." If this authority were universal in its character, there +would be no necessity for a further discussion of the subject. But the +modern constitutions of the Grand Lodge of England are only of force +within its own jurisdiction, and we are therefore again compelled to +resort to a mode of reasoning for the proper deduction of our conclusions +on this subject.</p> + +<p>It is undoubtedly true that in the early period of the world, when +Freemasonry took its origin, the arts of reading and writing were not so +generally disseminated among all classes of the community as they now are, +when the blessings of a common education can be readily and cheaply +obtained. And it may, therefore, be supposed that among our ancient +Brethren there were many who could neither read nor write. But after all, +this is a mere assumption, which, although it may be based on probability, +has no direct evidence for its support. And, on the other hand, we see +throughout all our ancient regulations, that a marked distinction was made +by our rulers between the Freemason and the Mason who was not free; as, +for instance, in the conclusion of the fifth chapter of the Ancient +Charges, where it is said: "No laborer shall be employed in the common +work of Masonry, nor shall Freemasons work with those who are not free, +without an urgent necessity." And this would seem to indicate a higher +estimation by the fraternity of their own character, which might be +derived from their greater attainments in knowledge. That in those days +the ordinary operative masons could neither read nor write, is a fact +established by history. But it does not follow that the Freemasons, who +were a separate society of craftsmen, were in the same unhappy category; +it is even probable, that the fact that they were not so, but that they +were, in comparison with the unaccepted masons, educated men, may have +been the reason of the distinction made between these two classes of +workmen.</p> + +<p>But further, all the teachings of Freemasonry are delivered on the +assumption that the recipients are men of some education, with the means +of improving their minds and increasing their knowledge. Even the Entered +Apprentice is reminded, by the rough and perfect ashlars, of the +importance and necessity of a virtuous education, in fitting him for the +discharge of his duties. To the Fellow Craft, the study of the liberal +arts and sciences is earnestly recommended; and indeed, that sacred +hieroglyphic, the knowledge of whose occult signification constitutes the +most solemn part of his instruction, presupposes an acquaintance at least +with the art of reading. And the Master Mason is expressly told in the +explanation of the forty-seventh problem of Euclid, as one of the symbols +of the third degree, that it was introduced into Masonry to teach the +Brethren the value of the arts and sciences, and that the Mason, like the +discoverer of the problem, our ancient Brother Pythagoras, should be a +diligent cultivator of learning. Our lectures, too, abound in allusions +which none but a person of some cultivation of mind could understand or +appreciate, and to address them, or any portion of our charges which refer +to the improvement of the intellect and the augmentation of knowledge, to +persons who can neither read nor write, would be, it seems to us, a +mockery unworthy of the sacred character of our institution.</p> + +<p>From these facts and this method of reasoning, I deduce the conclusion +that the framers of Masonry, in its present organization as a speculative +institution, must have intended to admit none into its fraternity whose +minds had not received some preliminary cultivation, and I am, therefore, +clearly of opinion, that a person who cannot read and write is not legally +qualified for admission.</p> + +<p>As to the inexpediency of receiving such candidates, there can be no +question or doubt. If Masonry be, as its disciples claim for it, a +scientific institution, whose great object is to improve the understanding +and to enlarge and adorn the mind, whose character cannot be appreciated, +and whose lessons of symbolic wisdom cannot be acquired, without much +studious application, how preposterous would it be to place, among its +disciples, one who had lived to adult years, without having known the +necessity or felt the ambition for a knowledge of the alphabet of his +mother tongue? Such a man could make no advancement in the art of Masonry; +and while he would confer no substantial advantage on the institution, he +would, by his manifest incapacity and ignorance, detract, in the eyes of +strangers, from its honor and dignity as an intellectual society.</p> + +<p>Idiots and madmen are excluded from admission into the Order, for the +evident reason that the former from an absence, and the latter from a +perversion of the intellectual faculties, are incapable of comprehending +the objects, or of assuming the responsibilities and obligations of the +institution.</p> + +<p>A question here suggests itself whether a person of present sound mind, +but who had formerly been deranged, can legally be initiated. The answer +to this question turns on the fact of his having perfectly recovered. If +the present sanity of the applicant is merely a lucid interval, which +physicians know to be sometimes vouched to lunatics, with the absolute +certainty, or at best, the strong probability, of an eventual return to a +state of mental derangement, he is not, of course, qualified for +initiation. But if there has been a real and durable recovery (of which a +physician will be a competent judge), then there can be no possible +objection to his admission, if otherwise eligible. We are not to look to +what the candidate once was, but to what he now is.</p> + +<p>Dotage, or the mental imbecility produced by excessive old age, is also a +disqualification for admission. Distinguished as it is by puerile desires +and pursuits, by a failure of the memory, a deficiency of the judgment, +and a general obliteration of the mental powers, its external signs are +easily appreciated, and furnish at once abundant reason why, like idiots +and madmen, the superannuated dotard is unfit to be the recipient of our +mystic instructions.</p> +</div> + +<div class="sec" id="b3-01-04"> +<h4>Section IV.</h4> + +<h5><i>Of the Political Qualifications of Candidates.</i></h5> + + +<p>The Constitutions of Masonry require, as the only qualification referring +to the political condition of the candidate, or his position in society, +that he shall be <i>free-born</i>. The slave, or even the man born in +servitude—though he may, subsequently, have obtained his liberty—is +excluded by the ancient regulations from initiation. The non-admission of +a slave seems to have been founded upon the best of reasons; because, as +Freemasonry involves a solemn contract, no one can legally bind himself to +its performance who is not a free agent and the master of his own actions. +That the restriction is extended to those who were originally in a servile +condition, but who may have since acquired their liberty, seems to depend +on the principle that birth, in a servile condition, is accompanied by a +degradation of mind and abasement of spirit, which no subsequent +disenthralment can so completely efface as to render the party qualified +to perform his duties, as a Mason, with that "freedom, fervency, and +zeal," which are said to have distinguished our ancient Brethren. +"Children," says Oliver, "cannot inherit a free and noble spirit except +they be born of a free woman."</p> + +<p>The same usage existed in the spurious Freemasonry or the Mysteries of the +ancient world. There, no slave, or men born in slavery, could be +initiated; because, the prerequisites imperatively demanded that the +candidate should not only be a man of irreproachable manners, but also a +free-born denizen of the country in which the mysteries were celebrated.</p> + +<p>Some masonic writers have thought that, in this regulation in relation to +free birth, some allusion is intended, both in the Mysteries and in +Freemasonry, to the relative conditions and characters of Isaac and +Ishmael. The former—the accepted one, to whom the promise was given—was +the son of a free woman, and the latter, who was cast forth to have "his +hand against every man, and every man's hand against him," was the child +of a slave. Wherefore, we read that Sarah demanded of Abraham, "Cast out +this bondwoman and her son; for the son of the bondwoman shall not be heir +with my son." Dr. Oliver, in speaking of the grand festival with which +Abraham celebrated the weaning of Isaac, says, that he "had not paid the +same compliment at the weaning of Ishmael, because he was the son of a +bondwoman, and, consequently, could not be admitted to participate in the +Freemasonry of his father, which could only be conferred on free men born +of free women." The ancient Greeks were of the same opinion; for they used +the word δουλοπρεπεια or, "slave manners," to +designate any very great impropriety of manners.</p> + +<p>The Grand Lodge of England extends this doctrine, that Masons should be +free in all their thoughts and actions, so far, that it will not permit +the initiation of a candidate who is only temporarily deprived of his +liberty, or even in a place of confinement. In the year 1782, the Master +of the Royal Military Lodge, at Woolwich, being confined, most probably +for debt, in the King's Bench prison, at London, the lodge, which was +itinerant in its character, and allowed to move from place to place with +its regiment, adjourned, with its warrant of constitution, to the Master +in prison, where several Masons were made. The Grand Lodge, being informed +of the circumstances, immediately summoned the Master and Wardens of the +lodge "to answer for their conduct in making Masons in the King's Bench +prison," and, at the same time, adopted a resolution, affirming that "it +is inconsistent with the principles of Freemasonry for any Freemason's +lodge to be held, for the purposes of making, passing, or raising Masons, +in any prison or place of confinement."</p> +</div> + +<div class="sec" id="b3-01-05"> +<h4>Section V.</h4> + +<h5><i>Of the Petition of Candidates for Admission, and the Action Thereon.</i></h5> + + +<p>The application of a candidate to a lodge, for initiation, is called a +"petition." This petition should always be in writing, and generally +contains a statement of the petitioner's age, occupation, and place of +residence, and a declaration of the motives which have prompted the +application, which ought to be "a favorable opinion conceived of the +institution and a desire of knowledge."<sup><a href="#fn67">67</a></sup> This petition must be +recommended by at least two members of the lodge.</p> + +<p>The petition must be read at a stated or regular communication of the +lodge, and referred to a committee of three members for an investigation +of the qualifications and character of the candidate. The committee having +made the necessary inquiries, will report the result at the next regular +communication and not sooner.</p> + +<p>The authority for this deliberate mode of proceeding is to be found in the +fifth of the 39 General Regulations, which is in these words:</p> + +<p>"No man can be made or admitted a member of a particular lodge, without +previous notice one month before given to the said lodge, in order to make +due inquiry into the reputation and capacity of the candidate; unless by +dispensation aforesaid."</p> + +<p>The last clause in this article provides for the only way in which this +probation of a month can be avoided, and that is when the Grand Master, +for reasons satisfactory to himself, being such as will constitute what is +called (sometimes improperly) a case of emergency, shall issue a +dispensation permitting the lodge to proceed forthwith to the election.</p> + +<p>But where this dispensation has not been issued, the committee should +proceed diligently and faithfully to the discharge of their responsible +duty. They must inquire into the moral, physical, intellectual and +political qualifications of the candidate, and make their report in +accordance with the result of their investigations.</p> + +<p>The report cannot be made at a special communication, but must always be +presented at a regular one. The necessity of such a rule is obvious. As +the Master can at any time within his discretion convene a special meeting +of his lodge, it is evident that a presiding officer, if actuated by an +improper desire to intrude an unworthy and unpopular applicant upon the +craft, might easily avail himself for that purpose of an occasion when the +lodge being called for some other purpose, the attendance of the members +was small, and causing a ballot to be taken, succeed in electing a +candidate, who would, at a regular meeting, have been blackballed by some +of those who were absent from the special communication.</p> + +<p>This regulation is promulgated by the Grand Lodge of England, in the +following words: "No person shall be made a Mason without a regular +proposition at one lodge and a ballot at the next regular stated lodge;" +it appears to have been almost universally adopted in similar language by +the Grand Lodges of this country; and, if the exact words of the law are +wanting in any of the Constitutions, the general usage of the craft has +furnished an equivalent authority for the regulation.</p> + +<p>If the report of the committee is unfavorable, the candidate should be +considered as rejected, without any reference to a ballot. This rule is +also founded in reason. If the committee, after a due inquiry into the +character of the applicant, find the result so disadvantageous to him as +to induce them to make an unfavorable report on his application, it is to +be presumed that on a ballot they would vote against his admission, and as +their votes alone would be sufficient to reject him, it is held +unnecessary to resort in such a case to the supererogatory ordeal of the +ballot. It would, indeed, be an anomalous proceeding, and one which would +reflect great discredit on the motives and conduct of a committee of +inquiry, were its members first to report against the reception of a +candidate, and then, immediately afterwards, to vote in favor of his +petition. The lodges will not suppose, for the honor of their committees, +that such a proceeding will take place, and accordingly the unfavorable +report of the committee is always to be considered as a rejection.</p> + +<p>Another reason for this regulation seems to be this. The fifth General +Regulation declares that no Lodge should ever make a Mason without "due +inquiry" into his character, and as the duty of making this inquiry is +entrusted to a competent committee, when that committee has reported that +the applicant is unworthy to be made a Mason, it would certainly appear to +militate against the spirit, if not the letter, of the regulation, for the +lodge, notwithstanding this report, to enter into a ballot on the +petition.</p> + +<p>But should the committee of investigation report favorably, the lodge will +then proceed to a ballot for the candidate; but, as this forms a separate +and important step in the process of "making Masons," I shall make it the +subject of a distinct section.</p> +</div> + +<div class="sec" id="b3-01-06"> +<h4>Section VI.</h4> + +<h5><i>Of Balloting for Candidates.</i></h5> + + +<p>The Thirty-nine Regulations do not explicitly prescribe the ballot-box as +the proper mode of testing the opinion of the lodge on the merits of a +petition for initiation. The sixth regulation simply says that the consent +of the members is to be "formally asked by the Master; and they are to +signify their assent or dissent <i>in their own prudent way</i> either +virtually or in form, but with unanimity." Almost universal usage has, +however, sanctioned the ballot box and the use of black and white balls as +the proper mode of obtaining the opinion of the members.</p> + +<p>From the responsibility of expressing this opinion, and of admitting a +candidate into the fraternity or of repulsing him from it, no Mason is +permitted to shrink. In balloting on a petition, therefore, every member +of the Lodge is expected to vote; nor can he be excused from the discharge +of this important duty, except by the unanimous consent of his Brethren. +All the members must, therefore, come up to the performance of this trust +with firmness, candor, and a full determination to do what is right—to +allow no personal timidity to forbid the deposit of a black ball, if the +applicant is unworthy, and no illiberal prejudices to prevent the +deposition of a white one, if the character and qualifications of the +candidate are unobjectionable. And in all cases where a member himself has +no personal or acquired knowledge of these qualifications, he should rely +upon and be governed by the recommendation of his Brethren of the +Committee of Investigation, who he has no right to suppose would make a +favorable report on the petition of an unworthy applicant.<sup><a href="#fn68">68</a></sup></p> + +<p>The great object of the ballot is, to secure the independence of the +voter; and, for this purpose, its secrecy should be inviolate. And this +secrecy of the ballot gives rise to a particular rule which necessarily +flows out of it.</p> + +<p>No Mason can be called to an account for the vote which he has deposited. +The very secrecy of the ballot is intended to secure the independence and +irresponsibility to the lodge of the voter. And, although it is +undoubtedly a crime for a member to vote against the petition of an +applicant on account of private pique or personal prejudice, still the +lodge has no right to judge that such motives alone actuated him. The +motives of men, unless divulged by themselves, can be known only to God; +"and if," as Wayland says, "from any circumstances we are led to entertain +any doubts of the motives of men, we are bound to retain these doubts +within our own bosoms." Hence, no judicial notice can be or ought to be +taken by a lodge of a vote cast by a member, on the ground of his having +been influenced by improper motives, because it is impossible for the +lodge legally to arrive at the knowledge; in the first place, of the vote +that he has given, and secondly, of the motives by which he has been +controlled.</p> + +<p>And even if a member voluntarily should divulge the nature of his vote and +of his motives, it is still exceedingly questionable whether the lodge +should take any notice of the act, because by so doing the independence of +the ballot might be impaired. It is through a similar mode of reasoning +that the Constitution of the United States provides, that the members of +Congress shall not be questioned, in any other place, for any speech or +debate in either House. As in this way the freedom of debate is preserved +in legislative bodies, so in like manner should the freedom of the ballot +be insured in lodges.</p> + +<p>The sixth General Regulation requires unanimity in the ballot. Its +language is: "but no man can be entered a Brother in any particular lodge, +or admitted to be a member thereof, without the <i>unanimous consent of all +the members of that lodge</i> then present when the candidate is proposed." +This regulation, it will be remembered, was adopted in 1721. But in the +"New Regulations," adopted in 1754, and which are declared to have been +enacted "only for amending or explaining the Old Regulations for the good +of Masonry, without breaking in upon the ancient rules of the fraternity, +still preserving the old landmarks," it is said: "but it was found +inconvenient to insist upon unanimity in several cases; and, therefore, +the Grand Masters have allowed the lodges to admit a member, if not above +three black balls are against him; though some lodges desire no such +allowance."<sup><a href="#fn69">69</a></sup></p> + +<p>The Grand Lodge of England still acts under this new regulation, and +extends the number of black balls which will reject to three, though it +permits its subordinates, if they desire it, to require unanimity. But +nearly all the Grand Lodges of this country have adhered to the old +regulation, which is undoubtedly the better one, and by special enactment +have made the unanimous consent of all the Brethren present necessary to +the election of a candidate.</p> + +<p>Another question here suggests itself. Can a member, who by the bye-laws +of his lodge is disqualified from the exercise of his other franchises as +a member, in consequence of being in arrears beyond a certain amount, be +prevented from depositing his ballot on the application of a candidate? +That by such a bye-law he may be disfranchised of his vote in electing +officers, or of the right to hold office, will be freely admitted. But the +words of the old regulation seem expressly, and without equivocation, to +require that <i>every member present</i> shall vote. The candidate shall only +be admitted "by the unanimous consent of all the members of that lodge +then present when the candidate is proposed." This right of the members to +elect or reject their candidates is subsequently called "an inherent +privilege," which is not subject to a dispensation. The words are +explicit, and the right appears to be one guaranteed to every member so +long as he continues a member, and of which no bye-law can divest him as +long as the paramount authority of the Thirty-nine General Regulations is +admitted. I should say, then, that every member of a lodge present at +balloting for a candidate has a right to deposit his vote; and not only a +right, but a duty which he is to be compelled to perform; since, without +the unanimous consent of all present, there can be no election.</p> + +<p>Our written laws are altogether silent as to the peculiar ceremonies which +are to accompany the act of balloting, which has therefore been generally +directed by the local usage of different jurisdictions. Uniformity, +however, in this, as in all other ritual observances, is to be commended, +and I shall accordingly here describe the method which I have myself +preferred and practised in balloting for candidates, and which is the +custom adopted in the jurisdiction of South Carolina.<sup><a href="#fn70">70</a></sup></p> + +<p>The committee of investigation having reported favorably, the Master of +the lodge directs the Senior Deacon to prepare the ballot box. The mode in +which this is accomplished is as follows:—The Senior Deacon takes the +ballot box, and, opening it, places all the white and black balls +indiscriminately in one compartment, leaving the other entirely empty. He +then proceeds with the box to the Junior and Senior Wardens, who satisfy +themselves by an inspection that no ball has been left in the compartment +in which the votes are to be deposited. I remark here, in passing, that +the box, in this and the other instance to be referred to hereafter, is +presented to the inferior officer first, and then to his superior, that +the examination and decision of the former may be substantiated and +confirmed by the higher authority of the latter. Let it, indeed, be +remembered, that in all such cases the usage of masonic <i>circumambulation</i> +is to be observed, and that, therefore, we must first pass the Junior's +station before we can get to that of the Senior Warden.</p> + +<p>These officers having thus satisfied themselves that the box is in a +proper condition for the reception of the ballots, it is then placed upon +the altar by the Senior Deacon, who retires to his seat. The Master then +directs the Secretary to call the roll, which is done by commencing with +the Worshipful Master, and proceeding through all the officers down to the +youngest member. As a matter of convenience, the Secretary generally votes +the last of those in the room, and then, if the Tiler is a member of the +lodge, he is called in, while the Junior Deacon tiles for him, and the +name of the applicant having been told him, he is directed to deposit his +ballot, which he does, and then retires.</p> + +<p>As the name of each officer and member is called he approaches the altar, +and having made the proper masonic salutation to the Chair, he deposits +his ballot and retires to his seat. The roll should be called slowly, so +that at no time should there be more than one person present at the box; +for, the great object of the ballot being secrecy, no Brother should be +permitted so near the member voting as to distinguish the color of the +ball he deposits.</p> + +<p>The box is placed on the altar, and the ballot is deposited with the +solemnity of a masonic salutation, that the voters may be duly impressed +with the sacred and responsible nature of the duty they are called on to +discharge. The system of voting thus described, is, therefore, far better +on this account than the one sometimes adopted in lodges, of handing round +the box for the members to deposit their ballots from their seats</p> + +<p>The Master having inquired of the Wardens if all have voted, then orders +the Senior Deacon to "take charge of the ballot box." That officer +accordingly repairs to the altar, and taking possession of the box, +carries it, as before, to the Junior Warden, who examines the ballot, and +reports, if all the balls are white, that "the box is clear in the South," +or, if there is one or more black balls, that "the box is foul in the +South." The Deacon then carries it to the Senior Warden, and afterwards to +the Master, who, of course, make the same report, according to the +circumstances, with the necessary verbal variation of "West" and "East."</p> + +<p>If the box is <i>clear</i>—that is, if all the ballots are white—the Master +then announces that the applicant has been duly elected, and the Secretary +makes a record of the fact.</p> + +<p>But if the box is declared to be <i>foul</i>, the Master inspects the number +of black balls; if he finds two, he declares the candidate to be rejected; +if only one, he so states the fact to the lodge, and orders the Senior +Deacon again to prepare the ballot box, and a second ballot is taken in +the same way. This is done lest a black ball might have been inadvertently +voted on the first ballot. If, on the second scrutiny, one black ball is +again found, the fact is announced by the Master, who orders the election +to lie over until the next stated meeting, and requests the Brother who +deposited the black ball to call upon him and state his reasons. At the +next stated meeting the Master announces these reasons to the lodge, if +any have been made known to him, concealing, of course, the name of the +objecting Brother. At this time the validity or truth of the objections +may be discussed, and the friends of the applicant will have an +opportunity of offering any defense or explanation. The ballot is then +taken a third time, and the result, whatever it may be, is final. As I +have already observed, in most of the lodges of this country, a +reappearance of the one black ball will amount to a rejection. In those +lodges which do not require unanimity, it will, of course, be necessary +that the requisite number of black balls must be deposited on this third +ballot to insure a rejection. But if, on inspection, the box is found to +be "clear," or without a black ball, the candidate is, of course, declared +to be elected. In any case, the result of the third ballot is final, nor +can it be set aside or reversed by the action of the Grand Master or Grand +Lodge; because, by the sixth General Regulation, already so frequently +cited, the members of every particular lodge are the best judges of the +qualifications of their candidates; and, to use the language of the +Regulation, "if a fractious member should be imposed on them, it might +spoil their harmony, or hinder their freedom, or even break and disperse +the lodge."</p> +</div> + +<div class="sec" id="b3-01-07"> +<h4>Section VII.</h4> + +<h5><i>Of the Reconsideration of the Ballot.</i></h5> + + +<p>There are, unfortunately, some men in our Order, governed, not by +essentially bad motives, but by frail judgments and by total ignorance of +the true object and design of Freemasonry, who never, under any +circumstances, have recourse to the black ball, that great bulwark of +Masonry, and are always more or less incensed when any more judicious +Brother exercises his privilege of excluding those whom he thinks unworthy +of participation in our mysteries.</p> + +<p>I have said, that these men are not governed by motives essentially bad. +This is the fact. They honestly desire the prosperity of the institution, +and they would not willfully do one act which would impede that +prosperity. But their judgments are weak, and their zeal is without +knowledge. They do not at all understand in what the true prosperity of +the Order consists, but really and conscientiously believing that its +actual strength will be promoted by the increase of the number of its +disciples; they look rather to the <i>quantity</i> than to the <i>quality</i> of the +applicants who knock at the doors of our lodges.</p> + +<p>Now a great difference in respect to the mode in which the ballot is +conducted, will be found in those lodges which are free from the presence +of such injudicious brethren, and others into which they have gained +admittance.</p> + +<p>In a lodge in which every member has a correct notion of the proper moral +qualifications of the candidates for Masonry, and where there is a general +disposition to work well with a few, rather than to work badly with many, +when a ballot is ordered, each Brother, having deposited his vote, +quietly and calmly waits to hear the decision of the ballot box announced +by the Chair. If it is "clear," all are pleased that another citizen has +been found worthy to receive a portion of the illuminating rays of +Masonry. If it is "foul," each one is satisfied with the adjudication, and +rejoices that, although knowing nothing himself against the candidate, +some one has been present whom a more intimate acquaintance with the +character of the applicant has enabled to interpose his veto, and prevent +the purity of the Order from being sullied by the admission of an unworthy +candidate. Here the matter ends, and the lodge proceeds to other business.</p> + +<p>But in a lodge where one of these injudicious and over-zealous Brethren is +present, how different is the scene. If the candidate is elected, he, too, +rejoices; but his joy is, that the lodge has gained one more member whose +annual dues and whose initiation fee will augment the amount of its +revenues. If he is rejected, he is indignant that the lodge has been +deprived of this pecuniary accession, and forthwith he sets to work to +reverse, if possible, the decision of the ballot box, and by a volunteer +defense of the rejected candidate, and violent denunciations of those who +opposed him, he seeks to alarm the timid and disgust the intelligent, so +that, on a <i>reconsideration</i>, they may be induced to withdraw their +opposition.</p> + +<p>The <i>motion for reconsideration</i> is, then, the means generally adopted, by +such seekers after quantity, to insure the success of their efforts to +bring all into our fold who seek admission, irrespective of worth or +qualification. In other words, we may say, that <i>the motion for +reconsideration is the great antagonist of the purity and security of the +ballot box</i>. The importance, then, of the position which it thus assumes, +demands a brief discussion of the time and mode in which a ballot may be +reconsidered.</p> + +<p>In the beginning of the discussion, it may be asserted, that it is +competent for any brother to move a reconsideration of a ballot, or for a +lodge to vote on such a motion. The ballot is a part of the work of +initiating a candidate. It is the preparatory step, and is just as +necessary to his legal making as the obligation or the investiture. As +such, then, it is clearly entirely under the control of the Master. The +Constitutions of Masonry and the Rules and Regulations of every Grand and +Subordinate lodge prescribe the mode in which the ballot shall be +conducted, so that the sense of the members may be taken. The Grand Lodge +also requires that the Master of the lodge shall see that that exact mode +of ballot shall be pursued and no other, and it will hold him responsible +that there shall be no violation of the rule. If, then, the Master is +satisfied that the ballot has been regularly and correctly conducted, and +that no possible good, but some probable evil, would arise from its +reconsideration, it is not only competent for him, but it is his solemn +duty to refuse to permit any such reconsideration. A motion to that +effect, it may be observed, will always be out of order, although any +Brother may respectfully request the Worshipful Master to order such a +reconsideration, or suggest to him its propriety or expediency.</p> + +<p>If, however, the Master is not satisfied that the ballot is a true +indication of the sense of the lodge, he may, in his own discretion, order +a reconsideration. Thus there may be but one black ball;—now a single +black ball may sometimes be inadvertently cast—the member voting it may +have been favorably disposed towards the candidate, and yet, from the +hurry and confusion of voting, or from the dimness of the light or the +infirmity of his own eyes, or from some other equally natural cause, he +may have selected a black ball, when he intended to have taken a white +one. It is, therefore, a matter of prudence and necessary caution, that, +when only one black ball appears, the Master should order a new ballot. On +this second ballot, it is to be presumed that more care and vigilance will +be used, and the reappearance of the black ball will then show that it was +deposited designedly.</p> + +<p>But where two or three or more black balls appear on the first ballot, +such a course of reasoning is not authorized, and the Master will then be +right to refuse a reconsideration. The ballot has then been regularly +taken—the lodge has emphatically decided for a rejection, and any order +to renew the ballot would only be an insult to those who opposed the +admission of the applicant, and an indirect attempt to thrust an unwelcome +intruder upon the lodge.</p> + +<p>But although it is in the power of the Master, under the circumstances +which we have described, to order a reconsideration, yet this prerogative +is accompanied with certain restrictions, which it may be well to notice.</p> + +<p>In the first place, the Master cannot order a reconsideration on any other +night than that on which the original ballot was taken.<sup><a href="#fn71">71</a></sup> After the +lodge is closed, the decision of the ballot is final, and there is no +human authority that can reverse it. The reason of this rule is evident. +If it were otherwise, an unworthy Master (for, unfortunately, all Masters +are not worthy) might on any subsequent evening avail himself of the +absence of those who had voted black balls, to order a reconsideration, +and thus succeed in introducing an unfit and rejected candidate into the +lodge, contrary to the wishes of a portion of its members.</p> + +<p>Neither can he order a reconsideration on the same night, if any of the +Brethren who voted have retired. All who expressed their opinion on the +first ballot, must be present to express it on the second. The reasons for +this restriction are as evident as for the former, and are of the same +character.</p> + +<p>It must be understood, that I do not here refer to those reconsiderations +of the ballot which are necessary to a full understanding of the opinion +of the lodge, and which have been detailed in the ceremonial of the mode +of balloting, as it was described in the preceding Section.</p> + +<p>It may be asked whether the Grand Master cannot, by his dispensations, +permit a reconsideration. I answer emphatically, NO. The Grand Master +possesses no such prerogative. There is no law in the whole jurisprudence +of the institution clearer than this—that neither the Grand Lodge nor the +Grand Master can interfere with the decision of the ballot box. In +Anderson's Constitutions, the law is laid down, under the head of "Duty of +Members" (edition of 1755, p. 312), that in the election of candidates the +Brethren "are to give their consent in their own prudent way, either +virtually or in form, but with unanimity." And the regulation goes on to +say: "Nor is this inherent privilege <i>subject to a dispensation</i>, because +the members of a lodge are the best judges of it; and because, if a +turbulent member should be imposed upon them, it might spoil their +harmony, or hinder the freedom of their communications, or even break and +disperse the lodge." This settles the question. A dispensation to +reconsider a ballot would be an interference with the right of the members +"to give their consent in their own prudent way;" it would be an +infringement of an "inherent privilege," and neither the Grand Lodge nor +the Grand Master can issue a dispensation for such a purpose. Every lodge +must be left to manage its own elections of candidates in its own prudent +way.</p> + +<p>I conclude this section by a summary of the principles which have been +discussed, and which I have endeavored to enforce by a process of +reasoning which I trust may be deemed sufficiently convincing. They are +briefly these:</p> + +<p>1. It is never in order for a member to move for the reconsideration of a +ballot on the petition of a candidate for initiation, nor for a lodge to +entertain such a motion.</p> + +<p>2. The Master alone can, for reasons satisfactory to himself, order such a +reconsideration.</p> + +<p>3. The Master cannot order a reconsideration on any subsequent night, nor +on the same night, after any member, who was present and voted, has +departed.</p> + +<p>4. The Grand Master cannot grant a dispensation for a reconsideration, nor +in any other way interfere with the ballot. The same restriction applies +to the Grand Lodge.</p> +</div> + +<div class="sec" id="b3-01-08"> +<h4>Section VIII.</h4> + +<h5><i>Of the Renewal of Applications by Rejected Candidates.</i></h5> + + +<p>As it is apparent from the last section that there can be no +reconsideration by a lodge of a rejected petition, the question will +naturally arise, how an error committed by a lodge, in the rejection of a +worthy applicant, is to be corrected, or how such a candidate, when once +rejected, is ever to make a second trial, for it is, of course, admitted, +that circumstances may occur in which a candidate who had been once +blackballed might, on a renewal of his petition, be found worthy of +admission. He may have since reformed and abandoned the vicious habits +which caused his first rejection, or it may have been since discovered +that that rejection was unjust. How, then, is such a candidate to make a +new application?</p> + +<p>It is a rule of universal application in Masonry, that no candidate, +having been once rejected, can apply to any other lodge for admission, +except to the one which rejected him. Under this regulation the course of +a second application is as follows:</p> + +<p>Some Grand Lodges have prescribed that, when a candidate has been +rejected, it shall not be competent for him to apply within a year, six +months, or some other definite period. This is altogether a local +regulation—there is no such law in the Ancient Constitutions—and +therefore, where the regulations of the Grand Lodge of the jurisdiction +are silent upon the subject, general principles direct the following as +the proper course for a rejected candidate to pursue on a second +application. He must send in a new letter, recommended and vouched for as +before, either by the same or other Brethren—it must be again referred to +a committee—lie over for a month—and the ballot be then taken as is +usual in other cases. It must be treated in all respects as an entirely +new petition, altogether irrespective of the fact that the same person had +ever before made an application. In this way due notice will be given to +the Brethren, and all possibility of an unfair election will be avoided.</p> + +<p>If the local regulations are silent upon the subject, the second +application may be made at any time after the rejection of the first, all +that is necessary being, that the second application should pass through +the same ordeal and be governed by the same rules that prevail in relation +to an original application.</p> +</div> + +<div class="sec" id="b3-01-09"> +<h4>Section IX.</h4> + +<p><i>Of the Necessary Probation and Due Proficiency of Candidates before +Advancement</i>.</p> + + +<p>There is, perhaps, no part of the jurisprudence of Masonry which it is +more necessary strictly to observe than that which relates to the +advancement of candidates through the several degrees. The method which is +adopted in passing Apprentices and raising Fellow Crafts—the probation +which they are required to serve in each degree before advancing to a +higher—and the instructions which they receive in their progress, often +materially affect the estimation which is entertained of the institution +by its initiates. The candidate who long remains at the porch of the +temple, and lingers in the middle chamber, noting everything worthy of +observation in his passage to the holy of holies, while he better +understands the nature of the profession upon which he has entered, will +have a more exalted opinion of its beauties and excellencies than he who +has advanced, with all the rapidity that dispensations can furnish, from +the lowest to the highest grades of the Order. In the former case, the +design, the symbolism, the history, and the moral and philosophical +bearing of each degree will be indelibly impressed upon the mind, and the +appositeness of what has gone before to what is to succeed will be readily +appreciated; but, in the latter, the lessons of one hour will be +obliterated by those of the succeeding one; that which has been learned in +one degree, will be forgotten in the next; and when all is completed, and +the last instructions have been imparted, the dissatisfied neophyte will +find his mind, in all that relates to Masonry, in a state of chaotic +confusion. Like Cassio, he will remember "a mass of things, but nothing +distinctly."</p> + +<p>An hundred years ago it was said that "Masonry was a progressive science, +and not to be attained in any degree of perfection, but by time, patience, +and a considerable degree of application and industry."<sup><a href="#fn72">72</a></sup> And it is +because that due proportion of time, patience and application, has not +been observed, that we so often see Masons indifferent to the claims of +the institution, and totally unable to discern its true character. The +arcana of the craft, as Dr. Harris remarks, should be gradually imparted +to its members, according to their improvement.</p> + +<p>There is no regulation of our Order more frequently repeated in our +constitutions, nor one which should be more rigidly observed, than that +which requires of every candidate a "suitable proficiency" in one degree, +before he is permitted to pass to another. But as this regulation is too +often neglected, to the manifest injury of the whole Order, as well as of +the particular lodge which violates it, by the introduction of ignorant +and unskillful workmen into the temple, it may be worth the labor we shall +spend upon the subject, to investigate some of the authorities which +support us in the declaration, that no candidate should be promoted, +until, by a due probation, he has made "suitable proficiency in the +preceding degree."</p> + +<p>In one of the earliest series of regulations that have been +preserved—made in the reign of Edward III., it was ordained, "that such +as were to be admitted Master Masons, or Masters of work, should be +examined whether they be able of cunning to serve their respective Lords, +as well the lowest as the highest, to the honor and worship of the +aforesaid art, and to the profit of their Lords."</p> + +<p>Here, then, we may see the origin of that usage, which is still practiced +in every well governed lodge, not only of demanding a proper degree of +proficiency in the candidate, but also of testing that proficiency by an +examination.</p> + +<p>This cautious and honest fear of the fraternity, lest any Brother should +assume the duties of a position which he could not faithfully discharge, +and which is, in our time, tantamount to a candidate's advancing to a +degree for which he is not prepared, is again exhibited in the charges +enacted in the reign of James II., the manuscript of which was preserved +in the archives of the Lodge of Antiquity in London. In these charges it +is required, "that no Mason take on no lord's worke, nor any other man's, +unless he know himselfe well able to perform the worke, so that the craft +have no slander." In the same charges, it is prescribed that "no master, +or fellow, shall take no apprentice for less than seven years."</p> + +<p>In another series of charges, whose exact date is not ascertained, but +whose language and orthography indicate their antiquity, it is said: "Ye +shall ordain the wisest to be Master of the work; and neither for love nor +lineage, riches nor favor, set one over the work<sup><a href="#fn73">73</a></sup> who hath but little +knowledge, whereby the Master would be evil served, and ye ashamed."</p> + +<p>These charges clearly show the great stress that was placed by our ancient +Brethren upon the necessity of skill and proficiency, and they have +furnished the precedents upon which are based all the similar regulations +that have been subsequently applied to Speculative Masonry.</p> + +<p>In the year 1722, the Grand Lodge of England ordered the "Old Charges of +the Free and Accepted Masons" to be collected from the ancient records, +and, having approved of them, they became a part of the Constitutions of +Speculative Freemasonry. In these Charges, it is ordained that "a younger +Brother shall be instructed in working, to prevent spoiling the materials +for want of judgment, and for increasing and continuing of brotherly +love."</p> + +<p>Subsequently, in 1767, it was declared by the Grand Lodge, that "no lodge +shall be permitted to make and raise the same Brother, at one and the same +meeting, without a dispensation from the Grand Master, or his Deputy;" +and, lest too frequent advantage should be taken of this power of +dispensation, to hurry candidates through the degrees, it is added that +the dispensation, "<i>on very particular occasions only</i>, may be +requested."</p> + +<p>The Grand Lodge of England afterwards found it necessary to be more +explicit on this subject, and the regulation of that body is now contained +in the following language:</p> + +<p>"No candidate shall be permitted to receive more than one degree on the +same day, nor shall a higher degree in Masonry be conferred on any Brother +at a less interval than four weeks from his receiving a previous degree, +nor until he has passed an examination in open lodge in that degree."<sup><a href="#fn74">74</a></sup></p> + +<p>This seems to be the recognized principle on which the fraternity are, at +this day, acting in this country. The rule is, perhaps, sometimes, and in +some places, in abeyance. A few lodges, from an impolitic desire to +increase their numerical strength, or rapidly to advance men of worldly +wealth or influence to high stations in the Order, may infringe it, and +neglect to demand of their candidates that suitable proficiency which +ought to be, in Masonry, an essential recommendation to promotion; but the +great doctrine that each degree should be well studied, and the candidate +prove his proficiency in it by an examination, has been uniformly set +forth by the Grand Lodge of the United States, whenever they have +expressed an opinion on the subject.</p> + +<p>Thus, for instance, in 1845, the late Bro. A.A. Robertson, Grand Master of +New York, gave utterance to the following opinion, in his annual address +to the intelligent body over which he presided:</p> + +<p>"The practice of examining candidates in the prior degrees, before +admission to the higher, in order to ascertain their proficiency, is +gaining the favorable notice of Masters of lodges, and cannot be too +highly valued, nor too strongly recommended to all lodges in this +jurisdiction. It necessarily requires the novitiate to reflect upon the +bearing of all that has been so far taught him, and consequently to +impress upon his mind the beauty and utility of those sublime truths, +which have been illustrated in the course of the ceremonies he has +witnessed in his progress in the mystic art. In a word, it will be the +means of making competent overseers of the work—and no candidate should +be advanced, until he has satisfied the lodge, by such examination, that +he has made the necessary proficiency in the lower degrees."<sup><a href="#fn75">75</a></sup></p> + +<p>In 1845, the Grand Lodge of Iowa issued a circular to her subordinates, +in which she gave the following admonition:</p> + +<p>"To guard against hasty and improper work, she prohibits a candidate from +being advanced till he has made satisfactory proficiency in the preceding +degrees, by informing himself of the lectures pertaining thereto; and to +suffer a candidate to proceed who is ignorant in this essential +particular, is calculated in a high degree to injure the institution and +retard its usefulness."</p> + +<p>The Grand Lodge of Illinois has practically declared its adhesion to the +ancient regulation; for, in the year 1843, the dispensation of Nauvoo +Lodge, one of its subordinates, was revoked principally on the ground that +she was guilty "of pushing the candidate through the second and third +degrees, before he could possibly be skilled in the preceding degree." And +the committee who recommended the revocation, very justly remarked that +they were not sure that any length of probation would in all cases insure +skill, but they were certain that the ancient landmarks of the Order +required that the lodge should know that the candidate is well skilled in +one degree before being admitted to another.</p> + +<p>The Grand Lodges of Massachusetts and South Carolina have adopted, almost +in the precise words, the regulation of the Grand Lodge of England, +already cited, which requires an interval of one month to elapse between +the conferring of degrees. The Grand Lodge of New Hampshire requires a +greater probation for its candidates; its constitution prescribes the +following regulation: "All Entered Apprentices must work five months as +such, before they can be admitted to the degree of Fellow Craft. All +Fellow Crafts must work in a lodge of Fellow Crafts three months, before +they can be raised to the sublime degree of Master Mason. Provided, +nevertheless, that if any Entered Apprentice, or Fellow Craft, shall make +himself thoroughly acquainted with all the information belonging to his +degree, he may be advanced at an earlier period, at the discretion of the +lodge."</p> + +<p>But, perhaps, the most stringent rule upon this subject, is that which +exists in the Constitution of the Grand Lodge of Hanover, which is in the +following words:</p> + +<p>"No Brother can be elected an officer of a lodge until he has been three +years a Master Mason. A Fellow Craft must work at least one year in that +degree, before he can be admitted to the third degree. An Entered +Apprentice must remain at least two years in that degree."</p> + +<p>It seems unnecessary to extend these citations. The existence of the +regulation, which requires a necessary probation in candidates, until due +proficiency is obtained, is universally admitted. The ancient +constitutions repeatedly assert it, and it has received the subsequent +sanction of innumerable Masonic authorities. But, unfortunately, the +practice is not always in accordance with the rule. And, hence, the object +of this article is not so much to demonstrate the existence of the law, as +to urge upon our readers the necessity of a strict adherence to it. There +is no greater injury which can be inflicted on the Masonic Order (the +admission of immoral persons excepted), than that of hurrying candidates +through the several degrees. Injustice is done to the institution, whose +peculiar principles and excellencies are never properly presented—and +irreparable injury to the candidate, who, acquiring no fair appreciation +of the ceremonies through which he rapidly passes, or of the instructions +which he scarcely hears, is filled either with an indifference that never +afterwards can be warmed into zeal, or with a disgust that can never be +changed into esteem. Masonry is betrayed in such an instance by its +friends, and often loses the influence of an intelligent member, who, if +he had been properly instructed, might have become one of its warmest and +most steadfast advocates.</p> + +<p>This subject is so important, that I will not hesitate to add to the +influence of these opinions the great sanction of Preston's authority.</p> + +<p>"Many persons," says that able philosopher of Masonry, "are deluded by the +vague supposition that our mysteries are merely nominal; that the +practices established among us are frivolous, and that our ceremonies may +be adopted, or waived at pleasure. On this false foundation, we find them +hurrying through all the degrees of the Order, without adverting to the +propriety of one step they pursue, or possessing a single qualification +requisite for advancement. Passing through the usual formalities, they +consider themselves entitled to rank as masters of the art, solicit and +accept offices, and assume the government of the lodge, equally +unacquainted with the rules of the institution they pretend to support, or +the nature of the trust they engage to perform. The consequence is +obvious; anarchy and confusion ensue, and the substance is lost in the +shadow. Hence men eminent for ability, rank, and fortune, are often led to +view the honors of Masonry with such indifference, that when their +patronage is solicited, they either accept offices with reluctance, or +reject them with disdain."<sup><a href="#fn76">76</a></sup></p> + +<p>Let, then, no lodge which values its own usefulness, or the character of +our institution, admit any candidate to a higher degree, until he has made +suitable proficiency in the preceding one, to be always tested by a strict +examination in open lodge. Nor can it do so, without a palpable violation +of the laws of Masonry.</p> +</div> + +<div class="sec" id="b3-01-10"> +<h4>Section X.</h4> + +<h5><i>Of Balloting for Candidates in each Degree.</i></h5> + + +<p>Although there is no law, in the Ancient Constitutions, which in express +words requires a ballot for candidates in each degree, yet the whole tenor +and spirit of these constitutions seem to indicate that there should be +recourse to such a ballot. The constant reference, in the numerous +passages which were cited in the preceding Section, to the necessity of +an examination into the proficiency of those who sought advancement, would +necessarily appear to imply that a vote of the lodge must be taken on the +question of this proficiency. Accordingly, modern Grand Lodges have +generally, by special enactment, required a ballot to be taken on the +application of an Apprentice or Fellow Craft for advancement, and where no +such regulation has been explicitly laid down, the almost constant usage +of the craft has been in favor of such ballot.</p> + +<p>The Ancient Constitutions having been silent on the subject of the letter +of the law, local usage or regulations must necessarily supply the +specific rule.</p> + +<p>Where not otherwise provided by the Constitutions of a Grand Lodge or the +bye-laws of a subordinate lodge, analogy would instruct us that the +ballot, on the application of Apprentices or Fellow Crafts for +advancement, should be governed by the same principles that regulate the +ballot on petitions for initiation.</p> + +<p>Of course, then, the vote should be unanimous: for I see no reason why a +lodge of Fellow Crafts should be less guarded in its admission of +Apprentices, than a lodge of Apprentices is in its admission of profanes.</p> + +<p>Again, the ballot should take place at a stated meeting, so that every +member may have "due and timely notice," and be prepared to exercise his +"inherent privilege" of granting or withholding his consent; for it must +be remembered that the man who was worthy or supposed to be so, when +initiated as an Entered Apprentice, may prove to be unworthy when he +applies to pass as a Fellow Graft, and every member should, therefore, +have the means and opportunity of passing his judgment on that worthiness +or unworthiness.</p> + +<p>If the candidate for advancement has been rejected once, he may again +apply, if there is no local regulation to the contrary. But, in such a +case, due notice should be given to all the members, which is best done by +making the application at one regular meeting, and voting for it on the +next. This, however, I suppose to be only necessary in the case of a +renewed application after a rejection. An Entered Apprentice or a Fellow +Craft is entitled after due probation to make his application for +advancement; and his first application may be balloted for on the same +evening, provided it be a regular meeting of the lodge. The members are +supposed to know what work is before them to do, and should be there to +do it.</p> + +<p>But the case is otherwise whenever a candidate for advancement has been +rejected. He has now been set aside by the lodge, and no time is laid down +in the regulations or usages of the craft for his making a second +application. He may never do so, or he may in three months, in a year, or +in five years. The members are, therefore, no more prepared to expect this +renewed application at any particular meeting of the lodge, than they are +to anticipate any entirely new petition of a profane. If, therefore, the +second application is not made at one regular meeting and laid over to the +next, the possibility is that the lodge may be taken by surprise, and in +the words of the old Regulation, "a turbulent member may be imposed on +it."</p> + +<p>The inexpediency of any other course may be readily seen, from a +suppositions case. We will assume that in a certain lodge, A, who is a +Fellow Craft, applies regularly for advancement to the third degree. On +this occasion, for good and sufficient reasons, two of the members, B and +C, express their dissent by depositing black balls. His application to be +raised is consequently rejected, and he remains a Fellow Graft. Two or +three meetings of the lodge pass over, and at each, B and C are present; +but, at the fourth meeting, circumstances compel their absence, and the +friends of A, taking advantage of that occurrence, again propose him for +advancement; the ballot is forthwith taken, and he is elected and raised +on the same evening. The injustice of this course to B and C, and the evil +to the lodge and the whole fraternity, in this imposition of one who is +probably an unworthy person, will be apparent to every intelligent and +right-minded Mason.</p> + +<p>I do not, however, believe that a candidate should be rejected, on his +application for advancement, in consequence of objections to his moral +worth and character. In such a case, the proper course would be to prefer +charges, to try him as an Apprentice or Fellow Craft; and, if found +guilty, to suspend, expel, or otherwise appropriately punish him. The +applicant as well as the Order is, in such a case, entitled to a fair +trial. Want of proficiency, or a mental or physical disqualification +acquired since the reception of the preceding degree, is alone a +legitimate cause for an estoppal of advancement by the ballot. But this +subject will be treated of further in the chapter on the rights of Entered +Apprentices.</p> +</div> + +<div class="sec" id="b3-01-11"> +<h4>Section XI.</h4> + +<h5><i>Of the Number to be Initiated at one Communication.</i></h5> + + +<p>The fourth General Regulation decrees that "no Lodge shall make more than +five new Brothers at one time." This regulation has been universally +interpreted (and with great propriety) to mean that not more than five +degrees can be conferred at the same communication.</p> + +<p>This regulation is, however, subject to dispensation by the Grand Master, +or Presiding Grand Officer, in which case the number to be initiated, +passed, or raised, will be restricted only by the words of the +dispensation.</p> + +<p>The following, or fifth General Regulation, says that "no man can be made +or admitted a member of a particular lodge, without previous notice, one +month before, given to the same lodge."</p> + +<p>Now, as a profane cannot be admitted an Entered Apprentice, or in other +words, a member of an Entered Apprentices' lodge, unless after one month's +notice, so it follows that an Apprentice cannot be admitted a member of a +Fellow Crafts' lodge, nor a Fellow Craft of a Masters', without the like +probation. For the words of the regulation which apply to one, will +equally apply to the others. And hence we derive the law, that a month at +least must always intervene between the reception of one degree and the +advancement to another. But this rule is also subject to a dispensation.</p> +</div> + +<div class="sec" id="b3-01-12"> +<h4>Section XII.</h4> + +<h5><i>Of Finishing the Candidates of one Lodge in another.</i></h5> + + +<p>It is an ancient and universal regulation, that no lodge shall interfere +with the work of another by initiating its candidates, or passing or +raising its Apprentices and Fellow Crafts. Every lodge is supposed to be +competent to manage its own business, and ought to be the best judge of +the qualifications of its own members, and hence it would be highly +improper in any lodge to confer a degree on a Brother who is not of its +household.</p> + +<p>This regulation is derived from a provision in the Ancient Charges, which +have very properly been supposed to contain the fundamental law of +Masonry, and which prescribes the principle of the rule in the following +symbolical language:</p> + +<p>"None shall discover envy at the prosperity of a Brother, nor supplant him +or put him out of his work, if he be capable to finish the same; for no +man can finish another's work, so much to the Lord's profit, unless he be +thoroughly acquainted with the designs and draughts of him that began it."</p> + +<p>There is, however, a case in which one lodge may, by consent, legally +finish the work of another. Let us suppose that a candidate has been +initiated in a lodge at A——, and, before he receives his second degree, +removes to B——, and that being, by the urgency of his business, unable +either to postpone his departure from A——, until he has been passed and +raised, or to return for the purpose of his receiving his second and third +degrees, then it is competent for the lodge at A—— to grant permission +to the lodge at B—— to confer them on the candidate.</p> + +<p>But how shall this permission be given—by a unanimous vote, or merely by +a vote of the majority of the members at A——? Here it seems to me that, +so far as regards the lodge at A——, the reasons for unanimity no longer +exist. There is here no danger that a "fractious member will be imposed on +them," as the candidate, when finished, will become a member of the lodge +at B——. The question of consent is simply in the nature of a +resolution, and may be determined by the assenting votes of a majority of +the members at A—-. It is, however, to be understood, that if any Brother +believes that the candidate is unworthy, from character, of further +advancement, he may suspend the question of consent, by preferring charges +against him. If this is not done, and the consent of the lodge is +obtained, that the candidate may apply to the lodge at B—-, then when his +petition is read in that lodge, it must, of course, pass through the usual +ordeal of a month's probation, and a unanimous vote; for here the old +reasons for unanimity once more prevail.</p> + +<p>I know of no ancient written law upon this subject, but it seems to me +that the course I have described is the only one that could be suggested +by analogy and common sense.</p> +</div> + +<div class="sec" id="b3-01-13"> +<h4>Section XIII.</h4> + +<h5><i>Of the Initiation of Non-residents.</i></h5> + + +<p>The subject of this section is naturally divided into two +branches:—First, as to the initiation by a lodge of a candidate, who, +residing in the same State or Grand Lodge jurisdiction, is still not an +inhabitant of the town in which the lodge to which he applies is +situated, but resides nearer to some other lodge; and, secondly, as to the +initiation of a stranger, whose residence is in another State, or under +the jurisdiction of another Grand Lodge.</p> + +<p>1. The first of these divisions presents a question which is easily +answered. Although I can find no ancient regulation on this subject, +still, by the concurrent authority of all Grand Lodges in this country, at +least, (for the Grand Lodge of England has no such provision in its +Constitution,) every lodge is forbidden to initiate any person whose +residence is nearer to any other lodge. If, however, such an initiation +should take place, although the lodge would be censurable for its +violation of the regulations of its superior, yet there has never been any +doubt that the initiation would be good and the candidate so admitted +regularly made. The punishment must fall upon the lodge and not upon the +newly-made Brother.</p> + +<p>2. The second division presents a more embarrassing inquiry, on account of +the diversity of opinions which have been entertained on the subject. Can +a lodge in one State, or Grand Lodge jurisdiction, initiate the resident +of another State, and would such initiation be lawful, and the person so +initiated a regular Mason, or, to use the technical language of the Order, +a Mason made "in due form," and entitled to all the rights and privileges +of the Order?</p> + +<p>The question is one of considerable difficulty; it has given occasion to +much controversy, and has been warmly discussed within the last few years +by several of the Grand Lodges of the United States.</p> + +<p>In 1847, the Grand Lodge of Alabama adopted the following regulation, +which had been previously enacted by the Grand Lodge of Tennessee:</p> + +<p>"Any person residing within the jurisdiction of this Grand Lodge, who has +already, or shall hereafter, travel into any foreign jurisdiction, and +there receive the degrees of Masonry, such person shall not be entitled to +the rights, benefits, and privileges of Masonry within this jurisdiction, +until he shall have been regularly admitted a member of the subordinate +lodge under this Grand Lodge, nearest which he at the time resides, in the +manner provided by the Constitution of this Grand Lodge for the admission +of members."</p> + +<p>The rule adopted by the Grand Lodge of Maryland is still more stringent. +It declares, "that if any individual, from selfish motives, from distrust +of his acceptance, or other causes originating in himself, knowingly and +willfully travel into another jurisdiction, and there receive the masonic +degrees, he shall be considered and held as a clandestine made Mason."</p> + +<p>The Grand Lodge of New York, especially, has opposed these regulations, +inflicting a penalty on the initiate, and assigns its reasons for the +opposition in the following language:</p> + +<p>"Before a man becomes a Mason, he is subject to no law which any Grand +Lodge can enact. No Grand Lodge has a right to make a law to compel any +citizen, who desires, to be initiated in a particular lodge, or in the +town or State of his residence; neither can any Grand Lodge forbid a +citizen to go where he pleases to seek acceptance into fellowship with the +craft; and where there is no right to compel or to forbid, there can be no +right to punish; but it will be observed, that the laws referred to were +enacted to punish the citizens of Maryland and Alabama, as Masons and +Brethren, for doing something before they were Masons and Brethren, which +they had a perfect right to do as citizens and freemen; and it must +certainly be regarded as an act of deception and treachery by a young +Mason, on returning home, to be told, that he is 'a clandestine Mason,' +that he 'ought to be expelled,' or, that he cannot be recognized as a +Brother till he 'joins a lodge where his residence is,' because he was +initiated in New York, in England, or in France, after having heard all +his life of the universality and oneness of the institution."<sup><a href="#fn77">77</a></sup></p> + +<p>It seems to us that the Grand Lodge of New York has taken the proper view +of the subject; although we confess that we are not satisfied with the +whole course of reasoning by which it has arrived at the conclusion. +Whatever we may be inclined to think of the inexpediency of making +transient persons (and we certainly do believe that it would be better +that the character and qualifications of every candidate should be +submitted to the inspection of his neighbors rather than to that of +strangers), however much we may condemn the carelessness and facility of a +lodge which is thus willing to initiate a stranger, without that due +examination of his character, which, of course, in the case of +non-residents, can seldom be obtained, we are obliged to admit that such +makings are legal—the person thus made cannot be called a clandestine +Mason, because he has been made in a legally constituted lodge—and as he +is a regular Mason, we know of no principle by which he can be refused +admission as a visitor into any lodge to which he applies.</p> + +<p>Masonry is universal in its character, and knows no distinction of nation +or of religion. Although each state or kingdom has its distinct Grand +Lodge, this is simply for purposes of convenience in carrying out the +principles of uniformity and subordination, which should prevail +throughout the masonic system. The jurisdiction of these bodies is +entirely of a masonic character, and is exercised only over the members of +the Order who have voluntarily contracted their allegiance. It cannot +affect the profane, who are, of course, beyond its pale. It is true, that +as soon as a candidate applies to a lodge for initiation, he begins to +come within the scope of masonic law. He has to submit to a prescribed +formula of application and entrance, long before he becomes a member of +the Order. But as this formula is universal in its operation, affecting +candidates who are to receive it and lodges which are to enforce it in all +places, it must have been derived from some universal authority. The +manner, therefore, in which a candidate is to be admitted, and the +preliminary qualifications which are requisite, are prescribed by the +landmarks, the general usage, and the ancient constitutions of the Order. +And as they have directed the <i>mode how</i>, they might also have prescribed +the <i>place where</i>, a man should be made a Mason. But they have done no +such thing. We cannot, after the most diligent search, find any +constitutional regulation of the craft, which refers to the initiation of +non-residents. The subject has been left untouched; and as the ancient and +universally acknowledged authorities of Masonry have neglected to +legislate on the subject, it is now too late for any modern and local +authority, like that of a Grand Lodge, to do so.</p> + +<p>A Grand Lodge may, it is true, forbid—as Missouri, South Carolina, +Georgia, and several other Grand Lodges have done—the initiation of +non-residents, within its own jurisdiction, because this is a local law +enacted by a local authority; but it cannot travel beyond its own +territory, and prescribe the same rule to another Grand Lodge, which may +not, in fact, be willing to adopt it.</p> + +<p>The conclusions, then, at which we arrive no this subject are these: The +ancient constitutions have prescribed no regulation on the subject of the +initiation of non-residents; it is, therefore, optional with every Grand +Lodge, whether it will or will not suffer such candidates to be made +within its own jurisdiction; the making, where it is permitted, is legal, +and the candidate so made becomes a regular Mason, and is entitled to the +right of visitation.</p> + +<p>What, then, is the remedy, where a person of bad character, and having, in +the language of the Grand Lodge of Maryland, "a distrust of his +acceptance" at home, goes abroad and receives the degrees of Masonry? No +one will deny that such a state of things is productive of great evil to +the craft. Fortunately, the remedy is simple and easily applied. Let the +lodge, into whose jurisdiction he has returned, exercise its power of +discipline, and if his character and conduct deserve the punishment, let +him be expelled from the Order. If he is unworthy of remaining in the +Order, he should be removed from it at once; but if he is worthy of +continuing in it, there certainly can be no objection to his making use of +his right to visit.</p> +</div></div> + + +<div class="chapter" id="b3-02"> +<h3>Chapter II.</h3> + +<h4>Of the Rights of Entered Apprentices.</h4> + + + +<p>In an inquiry into the rights of Entered Apprentices, we shall not be much +assisted by the Ancient Constitutions, which, leaving the subject in the +position in which usage had established it, are silent in relation to what +is the rule. In all such cases, we must, as I have frequently remarked +before, in settling the law, have recourse to analogy, to the general +principles of equity, and the dictates of common sense, and, with these +three as our guides, we shall find but little difficulty in coming to a +right conclusion.</p> + +<p>At present, an Entered Apprentice is not considered a member of the Lodge, +which privilege is only extended to Master Masons. This was not formerly +the case. Then the Master's degree was not as indiscriminately conferred +as it is now. A longer probation and greater mental or moral +qualifications were required to entitle a candidate to this sublime +dignity. None were called Master Masons but such as had presided over +their Lodges, and the office of Wardens was filled by Fellow Crafts. +Entered Apprentices, as well as Fellow Crafts, were permitted to attend +the communications of the Grand Lodge, and express their opinions; and, in +1718, it was enacted that every new regulation, proposed in the Grand +Lodge, should be submitted to the consideration of even the youngest +Entered Apprentice. Brethren of this degree composed, in fact, at that +time, the great body of the craft. But, all these things have, since, by +the gradual improvement of our organization, undergone many alterations; +and Entered Apprentices seem now, by universal consent, to be restricted +to a very few rights. They have the right of sitting in all lodges of +their degree, of receiving all the instructions which appertain to it, but +not of speaking or voting, and, lastly, of offering themselves as +candidates for advancement, without the preparatory necessity of a formal +written petition.</p> + +<p>These being admitted to be the rights of an Entered Apprentice, few and +unimportant as they may be, they are as dear to him as those of a Master +Mason are to one who has been advanced to that degree; and he is, and +ought to be, as firmly secured in their possession. Therefore, as no Mason +can be deprived of his rights and privileges, except after a fair and +impartial trial, and the verdict of his peers, it is clear that the +Entered Apprentice cannot be divested of these rights without just such a +trial and verdict.</p> + +<p>But, in the next place, we are to inquire whether the privilege of being +passed as a Fellow Craft is to be enumerated among these rights? And, we +clearly answer, No. The Entered Apprentice has the right of making the +application. Herein he differs from a profane, who has no such right of +application until he has qualified himself for making it, by becoming an +Entered Apprentice. But, if the application is granted, it is <i>ex gratia</i>, +or, by the favour of the lodge, which may withhold it, if it pleases. If +such were not the case, the lodge would possess no free will on the +subject of advancing candidates; and the rule requiring a probation and an +examination, before passing, would be useless and absurd—because, the +neglect of improvement or the want of competency would be attended with no +penalty.</p> + +<p>It seems to me, then, that, when an Apprentice applies for his second +degree, the lodge may, if it thinks proper, refuse to grant it; and that +it may express that refusal by a ballot. No trial is necessary, because no +rights of the candidate are affected. He is, by a rejection of his +request, left in the same position that he formerly occupied. He is still +an Entered Apprentice, in good standing; and the lodge may, at any time it +thinks proper, reverse its decision and proceed to pass him.</p> + +<p>If, however, he is specifically charged with any offense against the laws +of Masonry, it would then be necessary to give him a trial. Witnesses +should be heard, both for and against him, and he should be permitted to +make his defense. The opinion of the lodge should be taken, as in all +other cases of trial, and, according to the verdict, he should be +suspended, expelled, or otherwise punished.</p> + +<p>The effect of these two methods of proceeding is very different. When, by +a ballot, the lodge refuses to advance an Entered Apprentice, there is +not, necessarily, any stigma on his moral character. It may be, that the +refusal is based on the ground that he has not made sufficient proficiency +to entitle him to pass. Consequently, his standing as an Entered +Apprentice is not at all affected. His rights remain the same. He may +still sit in the lodge when it is opened in his degree; he may still +receive instructions in that degree; converse with Masons on masonic +subjects which are not beyond his standing; and again apply to the lodge +for permission to pass as a Fellow Craft.</p> + +<p>But, if he be tried on a specific charge, and be suspended or expelled, +his moral character is affected. His masonic rights are forfeited; and he +can no longer be considered as an Entered Apprentice in good standing. He +will not be permitted to sit in his lodge, to receive masonic instruction, +or to converse with Masons on masonic subjects; nor can he again apply for +advancement until the suspension or expulsion is removed by the +spontaneous action of the lodge.</p> + +<p>These two proceedings work differently in another respect. The Grand Lodge +will not interfere with a subordinate lodge in compelling it to pass an +Entered Apprentice; because every lodge is supposed to be competent to +finish, in its own time, and its own way, the work that it has begun. But, +as the old regulations, as well as the general consent of the craft, admit +that the Grand Lodge alone can expel from the rights and privileges of +Masonry, and that an expulsion by a subordinate lodge is inoperative until +it is confirmed by the Grand Lodge, it follows that the expulsion of the +Apprentice must be confirmed by that body; and that, therefore, he has a +right to appeal to it for a reversal of the sentence, if it was unjustly +pronounced.</p> + +<p>Let it not be said that this would be placing an Apprentice on too great +an equality with Master Masons. His rights are dear to him; he has paid +for them. No man would become an Apprentice unless he expected, in time, +to be made a Fellow Craft, and then a Master. He is, therefore, morally +and legally wronged when he is deprived, without sufficient cause, of the +capacity of fulfilling that expectation. It is the duty of the Grand Lodge +to see that not even the humblest member of the craft shall have his +rights unjustly invaded; and it is therefore bound, as the conservator of +the rights of all, to inquire into the truth, and administer equity. +Whenever, therefore, even an Entered Apprentice complains that he has met +with injustice and oppression, his complaint should be investigated and +justice administered.</p> + +<p>The question next occurs—What number of black balls should prevent an +Apprentice from passing to the second degree? I answer, the same number +that would reject the application of a profane for initiation into the +Order. And why should this not be so? Are the qualifications which would +be required of one applying, for the first time, for admission to the +degree of an Apprentice more than would subsequently be required of the +same person on his applying for a greater favor and a higher honor—that +of being advanced to the second degree? Or do the requisitions, which +exist in the earlier stages of Masonry, become less and less with every +step of the aspirant's progress? Viewing the question in this light—and, +indeed, I know of no other in which to view it—it seems to me to be +perfectly evident that the peculiar constitution and principles of our +Order will require unanimity in the election of a profane for initiation, +of an Apprentice for a Fellow Craft, and of a Fellow Craft for a Master +Mason; and that, while no Entered Apprentice can be expelled from the +Order, except by due course of trial, it is competent for the lodge, at +any time, on a ballot, to refuse to advance him to the second degree. But, +let it be remembered that the lodge which refuses to pass an Apprentice, +on account of any objections to his moral character, or doubts of his +worthiness, is bound to give him the advantage of a trial, and at once to +expel him, if guilty, or, if innocent, to advance him when otherwise +qualified.</p> +</div> + + +<div class="chapter" id="b3-03"> +<h3>Chapter III.</h3> + +<h4>Of the Rights of Fellow Crafts.</h4> + + + +<p>In ancient times there were undoubtedly many rights attached to the second +degree which have now become obsolete or been repealed; for formerly the +great body of the fraternity were Fellow Crafts, and according to the old +charges, even the Grand Master might be elected from among them. The +Master and Wardens of Subordinate Lodges always were. Thus we are told +that no Brother can be Grand Master, "unless he has been a Fellow Craft +before his election," and in the ancient manner of constituting a lodge, +contained in the Book of Constitutions,<sup><a href="#fn78">78</a></sup> it is said that "the +candidates, or the new Master and Wardens, being yet among the Fellow +Crafts, the Grand Master shall ask his Deputy if he has examined them," +etc. But now that the great body of the Fraternity consists of Master +Masons, the prerogatives of Fellow Crafts are circumscribed within limits +nearly as narrow as those of Entered Apprentices. While, however, +Apprentices are not permitted to speak or vote, in ancient times, and up, +indeed, to a very late date. Fellow Crafts were entitled to take a part in +any discussion in which the lodge, while open in the first or second +degree, might engage, but not to vote. This privilege is expressly stated +by Preston, as appertaining to a Fellow Craft, in his charge to a +candidate, receiving that degree.</p> + +<p>"As a Craftsman, in our private assemblies you may offer your sentiments +and opinions on such subjects as are regularly introduced in the Lecture, +under the superintendence of an experienced Master, who will guard the +landmark against encroachment."<sup><a href="#fn79">79</a></sup></p> + +<p>This privilege is not now, however, granted in this country to Fellow +Crafts. All, therefore, that has been said in the preceding chapter, of +the rights of Entered Apprentices, will equally apply, <i>mutatis mutandis</i>, +to the rights of Fellow Crafts.</p> +</div> + + +<div class="chapter" id="b3-04"> +<h3>Chapter IV.</h3> + +<h4>Of the Rights of Master Masons.</h4> + + + +<p>When a Mason has reached the third degree, he becomes entitled to all the +rights and privileges of Ancient Craft Masonry. These rights are extensive +and complicated; and, like his duties, which are equally as extensive, +require a careful examination, thoroughly to comprehend them. Four of +them, at least, are of so much importance as to demand a distinct +consideration. These are the rights of membership, of visitation, of +relief, and of burial. To each I shall devote a separate section.</p> + + +<div class="sec" id="b3-04-01"> +<h4>Section I.</h4> + +<h5><i>Of the Right of Membership.</i></h5> + + +<p>The whole spirit and tenor of the General Regulations, as well as the +uniform usage of the craft, sustain the doctrine, that when a Mason is +initiated in a lodge, he has the right, by signing the bye-laws, to +become a member without the necessity of submitting to another ballot. In +the Constitutions of the Grand Lodge of New York, this principle is +asserted to be one of the ancient landmarks, and is announced in the +following words: "Initiation makes a man a Mason; but he must receive the +Master's degree, and sign the bye-laws before he becomes a member of the +lodge."<sup><a href="#fn80">80</a></sup> If the doctrine be not exactly a landmark (which I confess I +am not quite prepared to admit), it comes to us almost clothed with the +authority of one, from the sanction of universal and uninterrupted usage.</p> + +<p>How long before he loses this right by a <i>non-user</i>, or neglect to avail +himself of it, is, I presume, a question to be settled by local authority. +A lodge, or a Grand Lodge, may affix the period according to its +discretion; but the general custom is, to require a signature of the +bye-laws, and a consequent enrollment in the lodge, within three months +after receiving the third degree. Should a Mason neglect to avail himself +of his privilege, he forfeits it (unless, upon sufficient cause, he is +excused by the lodge), and must submit to a ballot.</p> + +<p>The reason for such a law is evident. If a Mason does not at once unite +himself with the lodge in which he was raised, but permits an extended +period of time to elapse, there is no certainty that his character or +habits may not have changed, and that he may not have become, since his +initiation, unworthy of affiliation. Under the general law, it is, +therefore, necessary that he should in such case submit to the usual +probation of one month, and an investigation of his qualifications by a +committee, as well as a ballot by the members.</p> + +<p>But there are other privileges also connected with this right of +membership. A profane is required to apply for initiation to the lodge +nearest his place of residence, and, if there rejected, can never in +future apply to any other lodge. But the rule is different with respect to +the application of a Master Mason for membership.</p> + +<p>A Master Mason is not restricted in his privilege of application for +membership within any geographical limits. All that is required of him is, +that he should be an affiliated Mason; that is, that he should be a +contributing member of a lodge, without any reference to its peculiar +locality, whether near to or distant from his place of residence. The Old +Charges simply prescribe, that every Mason ought to belong to a lodge. A +Mason, therefore, strictly complies with this regulation, when he unites +himself with any lodge, thus contributing to the support of the +institution, and is then entitled to all the privileges of an affiliated +Mason.</p> + +<p>A rejection of the application of a Master Mason for membership by a lodge +does not deprive him of the right of applying to another. A Mason is in +"good standing" until deprived of that character by the action of some +competent masonic authority; and that action can only be by suspension or +expulsion. Rejection does not, therefore, affect the "good standing" of +the applicant; for in a rejection there is no legal form of trial, and +consequently the rejected Brother remains in the same position after as +before his rejection. He possesses the same rights as before, unimpaired +and undiminished; and among these rights is that of applying for +membership to any lodge that he may select.</p> + +<p>If, then, a Mason may be a member of a lodge distant from his place of +residence, and, perhaps, even situated in a different jurisdiction, the +question then arises whether the lodge within whose precincts he resides, +but of which he is not a member, can exercise its discipline over him +should he commit any offense requiring masonic punishment. On this subject +there is, among masonic writers, a difference of opinion. I, however, +agree with Brother Pike, the able Chairman of the Committee of +Correspondence of Arkansas, that the lodge can exercise such discipline. I +contend that a Mason is amenable for his conduct not only to the lodge of +which he may be a member, but also to any one within whose jurisdiction he +permanently resides. A lodge is the conservator of the purity and the +protector of the integrity of the Order within its precincts. The unworthy +conduct of a Mason, living as it were immediately under its government, is +calculated most injuriously to affect that purity and integrity. A lodge, +therefore, should not be deprived of the power of coercing such unworthy +Mason, and, by salutary punishment, of vindicating the character of the +institution. Let us suppose, by way of example, that a Mason living in San +Francisco, California, but retaining his membership in New York, behaves +in such an immoral and indecorous manner as to bring the greatest +discredit upon the Order, and to materially injure it in the estimation of +the uninitiated community. Will it be, for a moment, contended that a +lodge in San Francisco cannot arrest the evil by bringing the unworthy +Mason under discipline, and even ejecting him from the fraternity, if +severity like that is necessary for the protection of the institution? Or +will it be contended that redress can only be sought through the delay and +uncertainty of an appeal to his lodge in New York? Even if the words of +the ancient laws are silent on this subject, reason and justice would seem +to maintain the propriety and expediency of the doctrine that the lodge at +San Francisco is amply competent to extend its jurisdiction and exercise +its discipline over the culprit.</p> + +<p>In respect to the number of votes necessary to admit a Master Mason +applying by petition for membership in a lodge, there can be no doubt that +he must submit to precisely the same conditions as those prescribed to a +profane on his petition for initiation. There is no room for argument +here, for the General Regulations are express on this subject.</p> + +<p>"No man can be made or <i>admitted a member</i> of a particular lodge," says +the fifth regulation, "without previous notice one month before given to +the said lodge."</p> + +<p>And the sixth regulation adds, that "no man can be entered a Brother in +any particular lodge, or <i>admitted to be a member</i> thereof, without the +unanimous consent of all the members of that lodge then present."</p> + +<p>So that it may be considered as settled law, so far as the General +Regulations can settle a law of Masonry, that a Master Mason can only be +admitted a member of a lodge when applying by petition, after a month's +probation, after due inquiry into his character, and after a unanimous +ballot in his favor.</p> + +<p>But there are other rights of Master Masons consequent upon membership, +which remain to be considered. In uniting with a lodge, a Master Mason +becomes a participant of all its interests, and is entitled to speak and +vote upon all subjects that come before the lodge for investigation. He is +also entitled, if duly elected by his fellows, to hold any office in the +lodge, except that of Master, for which he must be qualified by previously +having occupied the post of a Warden.</p> + +<p>A Master has the right in all cases of an appeal from the decision of the +Master or of the lodge.</p> + +<p>A Master Mason, in good standing, has a right at any time to demand from +his lodge a certificate to that effect.</p> + +<p>Whatever other rights may appertain to Master Masons will be the subjects +of separate sections.</p> +</div> + +<div class="sec" id="b3-04-02"> +<h4>Section II.</h4> + +<h5><i>Of the Right of Visit.</i></h5> + + +<p>Every Master Mason, who is an affiliated member of a lodge, has the right +to visit any other lodge as often as he may desire to do so. This right is +secured to him by the ancient regulations, and is, therefore, +irreversible. In the "Ancient Charges at the Constitution of a Lodge," +formerly contained in a MS. of the Lodge of Antiquity in London, and whose +date is not later than 1688,<sup><a href="#fn81">81</a></sup>it is directed "that every Mason receive +and cherish strange fellows when they come over the country, and set them +on work, if they will work as the manner is; that is to say, if the Mason +have any mould stone in his place, he shall give him a mould stone, and +set him on work; and if he have none, the Mason shall refresh him with +money unto the next lodge."</p> + +<p>This regulation is explicit. It not only infers the right of visit, but +it declares that the strange Brother shall be welcomed, "received, and +cherished," and "set on work," that is, permitted to participate in the +work of your lodge. Its provisions are equally applicable to Brethren +residing in the place where the lodge is situated as to transient +Brethren, provided that they are affiliated Masons.</p> + +<p>In the year 1819, the law was in England authoritatively settled by a +decree of the Grand Lodge. A complaint had been preferred against a lodge +in London, for having refused admission to some Brethren who were well +known to them, alleging that as the lodge was about to initiate a +candidate, no visitor could be admitted until that ceremony was concluded. +It was then declared, "that it is the undoubted right of every Mason who +is well known, or properly vouched, to visit any lodge during the time it +is opened for general masonic business, observing the proper forms to be +attended to on such occasions, and so that the Master may not be +interrupted in the performance of his duty."<sup><a href="#fn82">82</a></sup></p> + +<p>A lodge, when not opened for "general masonic business," but when engaged +in the consideration of matters which interest the lodge alone, and which +it would be inexpedient or indelicate to make public, may refuse to admit +a visitor. Lodges engaged in this way, in private business, from which +visitors are excluded, are said by the French Masons to be opened "<i>en +famille</i>."</p> + +<p>To entitle him to this right of visit, a Mason must be affiliated, that +is, he must be a contributing member of some lodge. This doctrine is thus +laid down in the Constitutions of the Grand Lodge of England:</p> + +<p>"A Brother who is not a subscribing member to some lodge, shall not be +permitted to visit any one lodge in the town or place in which he resides, +more than once during his secession from the craft."</p> + +<p>A non-subscribing or unaffiliated Mason is permitted to visit each lodge +once, and once only, because it is supposed that this visit is made for +the purpose of enabling him to make a selection of the one with which he +may prefer permanently to unite. But, afterwards, he loses this right of +visit, to discountenance those Brethren who wish to continue members of +the Order, and to partake of its pleasures and advantages, without +contributing to its support.</p> + +<p>A Master Mason is not entitled to visit a lodge, unless he previously +submits to an examination, or is personally vouched for by a competent +Brother present; but this is a subject of so much importance as to claim +consideration in a distinct section.</p> + +<p>Another regulation is, that a strange Brother shall furnish the lodge he +intends to visit with a certificate of his good standing in the lodge from +which he last hailed. This regulation has, in late years, given rise to +much discussion. Many of the Grand Lodges of this country, and several +masonic writers, strenuously contend for its antiquity and necessity, +while others as positively assert that it is a modern innovation upon +ancient usage.</p> + +<p>There can, however, I think, be no doubt of the antiquity of certificates. +That the system requiring them was in force nearly two hundred years ago, +at least, will be evident from the third of the Regulations made in +General Assembly, December 27, 1663, under the Grand Mastership of the +Earl of St. Albans,<sup><a href="#fn83">83</a></sup> and which is in the following words:</p> + +<p>"3. That no person hereafter who shall be accepted a Freemason, shall be +admitted into any lodge or assembly, until he has brought a certificate +of the time and place of his acceptation, from the lodge that accepted +him, unto the Master of that limit or division where such a lodge is +kept." This regulation has been reiterated on several occasions, by the +Grand Lodge of England in 1772, and at subsequent periods by several Grand +Lodges of this and other countries. It is not, however, in force in many +of the American jurisdictions.</p> + +<p>Another right connected with the right of visitation is, that of demanding +a sight of the Warrant of Constitution. This instrument it is, indeed, not +only the right but the duty of every strange visitor carefully to inspect, +before he enters a lodge, that he may thus satisfy himself of the legality +and regularity of its character and authority. On such a demand being made +by a visitor for a sight of its Warrant, every lodge is bound to comply +with the requisition, and produce the instrument. The same rule, of +course, applies to lodges under dispensation, whose Warrant of +Dispensation supplies the place of a Warrant of Constitution.</p> +</div> + +<div class="sec" id="b3-04-03"> +<h4>Section III.</h4> + +<h5><i>Of the Examination of Visitors.</i></h5> + + +<p>It has already been stated, in the preceding section, that a Master Mason +is not permitted to visit a lodge unless he previously submits to an +examination, or is personally vouched for by some competent Brother +present. The prerogative of vouching for a Brother is an important one, +and will constitute the subject of the succeeding section. At present let +us confine ourselves to the consideration of the mode of examining a +visitor.</p> + +<p>Every visitor, who offers himself to the appointed committee of the lodge +for examination, is expected, as a preliminary step, to submit to the +Tiler's Obligation; so called, because it is administered in the Tiler's +room. As this obligation forms no part of the secret ritual of the Order, +but is administered to every person before any lawful knowledge of his +being a Mason has been received, there can be nothing objectionable in +inserting it here, and in fact, it will be advantageous to have the +precise words of so important a declaration placed beyond the possibility +of change or omission by inexperienced Brethren.</p> + +<p>The oath, then, which is administered to the visitor, and which he may, if +he chooses, require every one present to take with him, is in the +following words</p> + +<p>"I, A. B., do hereby and hereon solemnly and sincerely swear, that I have +been regularly initiated, passed, and raised, to the sublime degree of a +Master Mason, in a just and legally constituted lodge of such, that I do +not now stand suspended or expelled, and know of no reason why I should +not hold masonic communication with my Brethren.</p> + +<p>This declaration having been given in the most solemn manner, the +examination must then be conducted with the necessary forms. The good old +rule of "commencing at the beginning" should be observed. Every question +is to be asked and every answer demanded which is necessary to convince +the examiner that the party examined is acquainted with what he ought to +know, to entitle him to the appellation of a Brother. Nothing is to be +taken for granted—categorical answers must be required to all that it is +deemed important to be asked. No forgetfulness is to be excused, nor is +the want of memory to be accepted as a valid excuse for the want of +knowledge. The Mason, who is so unmindful of his duties as to have +forgotten the instructions he has received, must pay the penalty of his +carelessness, and be deprived of his contemplated visit to that society +whose secret modes of recognition he has so little valued as not to have +treasured them in his memory. While there are some things which may be +safely passed over in the examination of one who confesses himself to be +"rusty," or but recently initiated, because they are details which require +much study to acquire, and constant practice to retain, there are still +other things of great importance which must be rigidly demanded, and with +the knowledge of which the examiner cannot, under any circumstances, +dispense.</p> + +<p>Should suspicions of imposture arise, let no expression of these +suspicions be made until the final decree for rejection is pronounced. And +let that decree be uttered in general terms, such as: "I am not +satisfied," or, "I do not recognize you," and not in more specific terms, +such as, "You did not answer this inquiry," or, "You are ignorant on that +point." The visitor is only entitled to know, generally, that he has not +complied with the requisitions of his examiner. To descend to particulars +is always improper and often dangerous.</p> + +<p>Above all, the examiner should never ask what are called "leading +questions," or such as include in themselves an indication of what the +answer is to be; nor should he in any manner aid the memory of the party +examined by the slightest hint. If he has it in him, it will come out +without assistance, and if he has it not, he is clearly entitled to no +aid.</p> + +<p>Lastly, never should an unjustifiable delicacy weaken the rigor of these +rules. Let it be remembered, that for the wisest and most evident reasons, +the merciful maxim of the law, which says, that it is better that +ninety-nine guilty men should escape than that one innocent man should be +punished, is with us reversed, and that in Masonry <i>it is better that +ninety and nine true men should be turned away from the door of a lodge +than that one cowan should be admitted</i>.</p> +</div> + +<div class="sec" id="b3-04-04"> +<h4>Section IV.</h4> + +<h5><i>Of Vouching for a Brother.</i></h5> + + +<p>An examination may sometimes be omitted when any competent Brother present +will vouch for the visitor's masonic standing and qualifications. This +prerogative of vouching is an important one which every Master Mason is +entitled, under certain restrictions, to exercise; but it is also one +which may so materially affect the well-being of the whole +fraternity—since by its injudicious use impostors might be introduced +among the faithful—that it should be controlled by the most stringent +regulations.</p> + +<p>To vouch for one, is to bear witness for him; and, in witnessing to truth, +every caution should be observed, lest falsehood should cunningly assume +its garb. The Brother who vouches should, therefore, know to a certainty +that the one for whom he vouches is really what he claims to be. He should +know this not from a casual conversation, nor a loose and careless +inquiry, but, as the unwritten law of the Order expresses it, from +"<i>strict trial, due examination, or lawful information</i>."</p> + +<p>Of strict trial and due examination I have already treated in the +preceding section; and it only remains to say, that when the vouching is +founded on the knowledge obtained in this way, it is absolutely necessary +that the Brother so vouching shall be <i>competent</i> to conduct such an +examination, and that his general intelligence and shrewdness and his +knowledge of Masonry shall be such as to place him above the probability +of being imposed upon. The important and indispensable qualification of a +voucher is, therefore, that he shall be competent. The Master of a lodge +has no right to accept, without further inquiry, the avouchment of a +young and inexperienced, or even of an old, if ignorant, Mason.</p> + +<p>Lawful information, which is the remaining ground for an avouchment, may +be derived either from the declaration of another Brother, or from having +met the party vouched for in a lodge on some previous occasion.</p> + +<p>If the information is derived from another Brother, who states that he has +examined the party, then all that has already been said of the competency +of the one giving the information is equally applicable. The Brother, +giving the original information, must be competent to make a rigid +examination. Again, the person giving the information, the one receiving +it, and the one of whom it is given, should be all present at the time; +for otherwise there would be no certainty of identity. Information, +therefore, given by letter or through a third party, is highly irregular. +The information must also be positive, not founded on belief or opinion, +but derived from a legitimate source. And, lastly, it must not have been +received casually, but for the very purpose of being used for masonic +purposes. For one to say to another in the course of a desultory +conversation: "A.B. is a Mason," is not sufficient. He may not be +speaking with due caution, under the expectation that his words will be +considered of weight. He must say something to this effect: "I know this +man to be a Master Mason," for such or such reasons, and you may safely +recognize him as such. This alone will insure the necessary care and +proper observance of prudence.</p> + +<p>If the information given is on the ground that the person, vouched has +been seen sitting in a lodge by the voucher, care must be taken to inquire +if it was a "Lodge of Master Masons." A person may forget, from the lapse +of time, and vouch for a stranger as a Master Mason, when the lodge in +which he saw him was only opened in the first or second degree.</p> +</div> + +<div class="sec" id="b3-04-05"> +<h4>Section V.</h4> + +<h5><i>Of the Right of Claiming Relief.</i></h5> + + +<p>One of the great objects of our institution is, to afford relief to a +worthy, distressed Brother. In his want and destitution, the claim of a +Mason upon his Brethren is much greater than that of a profane. This is a +Christian as well as a masonic doctrine. "As we have therefore +opportunity," says St. Paul, "let us do good unto all men, especially +unto them who are of the household of faith."</p> + +<p>This claim for relief he may present either to a lodge or to a Brother +Mason. The rule, as well as the principles by which it is to be regulated, +is laid down in that fundamental law of Masonry, the Old Charges, in the +following explicit words, under the head of "Behavior towards a strange +Brother:"</p> + +<p>"You are cautiously to examine him, in such a method as prudence shall +direct you, that you may not be imposed upon by an ignorant, false +pretender, whom you are to reject with contempt and derision, and beware +of giving him any hints of knowledge.</p> + +<p>"But if you discover him to be a true and genuine Brother, you are to +respect him accordingly; and if he is in want, you must relieve him if you +can, or else direct him how he may be relieved. You must employ him some +days, or else recommend him to be employed. But you are not charged to do +beyond your ability, only to prefer a poor Brother, that is a good man and +true, before any other people in the same circumstances."</p> + +<p>This law thus laid down, includes, it will be perceived, as two important +prerequisites, on which to found a claim for relief, that the person +applying shall be in distress, and that he shall be worthy of assistance.</p> + +<p>He must be in distress. Ours is not an insurance company, a joint stock +association, in which, for a certain premium paid, an equivalent may be +demanded. No Mason, or no lodge, is bound to give pecuniary or other aid +to a Brother, unless he really needs. The word " benefit," as usually used +in the modern friendly societies, has no place in the vocabulary of +Freemasonry. If a wealthy Brother is afflicted with sorrow or sickness, we +are to strive to comfort him with our sympathy, our kindness, and our +attention, but we are to bestow our eleemosynary aid only on the indigent +or the destitute.</p> + +<p>He must also be worthy. There is no obligation on a Mason to relieve the +distresses, however real they may be, of an unworthy Brother. The claimant +must be, in the language of the Charge, "true and genuine." True here is +used in its good old Saxon meaning, of "faithful" or "trusty." A true +Mason is one who is mindful of his obligations, and who faithfully +observes and practices all his duties. Such a man, alone, can rightfully +claim the assistance of his Brethren.</p> + +<p>But a third provision is made in the fundamental law; namely, that the +assistance is not to be beyond the ability of the giver. One of the most +important landmarks, contained in our unwritten law, more definitely +announces this provision, by the words, that the aid and assistance shall +be without injury to oneself or his family. Masonry does not require that +we shall sacrifice our own welfare to that of a Brother; but that with +prudent liberality, and a just regard to our own worldly means, we shall +give of the means with which Providence may have blessed us for the relief +of our distressed Brethren.</p> + +<p>It is hardly necessary to say, that the claim for relief of a worthy +distressed Mason extends also to his immediate family.</p> +</div> + +<div class="sec" id="b3-04-06"> +<h4>Section VI.</h4> + +<h5><i>Of the Right of Masonic Burial.</i></h5> + + +<p>After a very careful examination, I can find nothing in the old charges or +General Regulations, nor in any other part of the fundamental law, in +relation to masonic burial of deceased Brethren. It is probable that, at +an early period, when the great body of the craft consisted of Entered +Apprentices, the usage permitted the burial of members, of the first or +second degree, with the honors of Masonry. As far back as 1754, +processions for the purpose of burying Masons seemed to have been +conducted by some of the lodges with either too much frequency, or some +other irregularity; for, in November of that year, the Grand Lodge adopted +a regulation, forbidding them, under a heavy penalty, unless by permission +of the Grand Master, or his Deputy.<sup><a href="#fn84">84</a></sup> As there were, comparatively +speaking, few Master Masons at that period, it seems a natural inference +that most of the funeral processions were for the burial of Apprentices, +or, at least, of Fellow Crafts.</p> + +<p>But the usage since then, has been greatly changed; and by universal +consent, the law, as first committed to writing, by Preston, who was the +author of our present funeral service, is now adopted.</p> + +<p>The Regulation, as laid down by Preston, is so explicit, that I prefer +giving it in his own words.<sup><a href="#fn85">85</a></sup></p> + +<p>"No Mason can be interred with the formalities of the Order, unless it be +at his own special request, communicated to the Master of the Lodge of +which he died a member—foreigners and sojourners excepted; nor unless he +has been advanced to the third degree of Masonry, from which restriction +there can be no exception. Fellow Crafts or Apprentices are not entitled +to the funeral obsequies."</p> + +<p>This rule has been embodied in the modern Constitutions of the Grand Lodge +of England; and, as I have already observed, appears by universal consent +to have been adopted as the general usage.</p> + +<p>The necessity for a dispensation, which is also required by the modern +English Constitutions, does not seem to have met with the same general +approval, and in this country, dispensations for funeral processions are +not usually, if at all, required. Indeed, Preston himself, in explaining +the law, says that it was not intended to restrict the privileges of the +regular lodges, but that, "by the universal practice of Masons, every +regular lodge is authorized by the Constitution to act on such occasions +when limited to its own members."<sup><a href="#fn86">86</a></sup> It is only when members of other +lodges, not under the control of the Master, are convened, that a +dispensation is required. But in America, Grand Lodges or Grand Masters +have not generally interfered with the rights of the lodges to bury the +dead; the Master being of course amenable to the constituted authorities +for any indecorum or impropriety.</p> +</div></div> + + +<div class="chapter" id="b3-05"> +<h3>Chapter V.</h3> + +<h4>Of the Rights of Past Masters.</h4> + + + +<p>I have already discussed the right of Past Masters to become members of a +Grand Lodge, in a preceding part of this work,<sup><a href="#fn87">87</a></sup> and have there arrived +at the conclusion that no such inherent right exists, and that a Grand +Lodge may or may not admit them to membership, according to its own notion +of expediency. Still the fact, that they are competent by their masonic +rank of accepting such a courtesy when extended, in itself constitutes a +prerogative; for none but Masters, Wardens, or Past Masters, can under any +circumstances become members of a Grand Lodge.</p> + +<p>Past Masters possess a few other positive rights.</p> + +<p>In the first place they have a right to install their successors, and at +all times subsequent to their installation to be present at the ceremony +of installing Masters of lodges. I should scarcely have deemed it +necessary to dwell upon so self-evident a proposition, were it not that it +involves the discussion of a question which has of late years been warmly +mooted in some jurisdictions, namely, whether this right of being present +at an installation should, or should not, be extended to Past Masters, +made in Royal Arch Chapters.</p> + +<p>In view of the fact, that there are two very different kinds of possessors +of the same degree, the Grand Lodge of England has long since +distinguished them as "virtual" and as "actual" Past Masters. The terms +are sufficiently explicit, and have the advantage of enabling us to avoid +circumlocution, and I shall, therefore, adopt them.</p> + +<p>An <i>actual Past Master</i> is one who has been regularly installed to preside +over a symbolic lodge under the jurisdiction of a Grand Lodge. A <i>virtual +Past Master</i> is one who has received the degree in a chapter, for the +purpose of qualifying him for exaltation to the Royal Arch.</p> + +<p>Now the question to be considered is this. Can a virtual Past Master be +permitted to be present at the installation of an actual Past Master?</p> + +<p>The Committee of Correspondence of New York, in 1851, announced the +doctrine, that a Chapter, or virtual Past Master, cannot legally install +the Master of a Symbolic Lodge; but that there is no rule forbidding his +being present at the ceremony. This doctrine has been accepted by several +Grand Lodges, while others again refuse to admit the presence of a virtual +Past Master at the installation-service.</p> + +<p>In South Carolina, for instance, by uninterrupted usage, virtual Past +Masters are excluded from the ceremony of installation.</p> + +<p>In Louisiana, under the high authority of the late Brother Gedge, it is +asserted, that "it is the bounden duty of all Grand Lodges to prevent the +possessors of the (chapter) degree from the exercise of any function +appertaining to the office and attributes of an installed Master of a +lodge of Symbolic Masonry, and refuse to recognize them as belonging to +the order of Past Masters."<sup><a href="#fn88">88</a></sup></p> + +<p>Brother Albert Pike, whose opinion on masonic jurisprudence is entitled to +the most respectful consideration, has announced a similar doctrine in one +of his elaborate reports to the Grand Chapter of Arkansas. He does not +consider "that the Past Master's degree, conferred in a chapter, invests +the recipient with any rank or authority, except within the chapter +itself; that it no ways qualifies or authorizes him to preside in the +chair of a lodge: that a lodge has no legal means of knowing that he has +received the degree in a chapter: for it is not supposed to know anything +that takes place there any more than it knows what takes place in a Lodge +of Perfection, or a Chapter of Knights of the Rose Croix;" and, of course, +if the Past Masters of a lodge have no such "legal means" of recognition +of Chapter Masters, they cannot permit them to be present at an +installation.</p> + +<p>This is, in fact, no new doctrine. Preston, in his description of the +installation ceremony, says: "The new Master is then conducted to an +adjacent room, where he is regularly installed, and bound to his trust in +ancient form, in the presence of at least <i>three installed Masters</i>"<sup><a href="#fn89">89</a></sup> +And Dr. Oliver, in commenting on this passage, says, "this part of the +ceremony can only be orally communicated, nor can any but <i>installed</i> +Masters be present."<sup><a href="#fn90">90</a></sup></p> + +<p>And this rule appears to be founded on the principles of reason. There can +be no doubt, if we carefully examine the history of Masonry in this +country and in England, that the degree of Past Master was originally +conferred by Symbolic Lodges as an honorarium or reward bestowed upon +those Brethren who had been found worthy to occupy the Oriental Chair. In +so far it was only a degree of office, and could be obtained only from the +Lodge in which the office had been conferred. At a later period it was +deemed an essential prerequisite to exaltation in the degree of Royal +Arch, and was, for that purpose, conferred on candidates for that +position, while the Royal Arch degree was under the control of the +symbolic Lodges, but still only conferred by the Past Masters of the +Lodge. But subsequently, when the system of Royal Arch Masonry was greatly +enlarged and extended in this country, and chapters were organized +independent of the Grand and symbolic Lodges, these Chapters took with +them the Past Master's degree, and assumed the right of conferring it on +their candidates. Hence arose the anomaly which now exists in American +Masonry, of two degrees bearing the same name, and said to be almost +identical in character, conferred by two different bodies under entirely +different qualifications and for totally different purposes. As was to be +expected, when time had in some degree obliterated the details of history, +each party began to claim for itself the sovereign virtue of legitimacy. +The Past Masters of the Chapters denied the right of the Symbolic Lodges +to confer the degree, and the latter, in their turn, asserted that the +degree, as conferred in the Chapter, was an innovation.</p> + +<p>The prevalence of the former doctrine would, of course, tend to deprive +the Symbolic Lodges of a vested right held by them from the most ancient +times—that, namely, of conferring an honorarium on their Masters elect.</p> + +<p>On the whole, then, from this view of the surreptitious character of the +Chapter Degree, and supported by the high authority whom I have cited, as +well as by the best usage, I am constrained to believe that the true rule +is, to deny the Chapter, or Virtual Past Masters, the right to install, or +to be present at the installation of the Master of a Symbolic Lodge. A +Past Master may preside over a lodge in the absence of the Master, +provided he is invited to do so by the Senior Warden present. The Second +General Regulation gave the power of presiding, during the absence of the +Master, to the last Past Master present, after the lodge had been +congregated by the Senior Warden; but two years afterwards, the rule was +repealed, and the power of presiding in such cases was vested in the +Senior Warden. And accordingly, in this country, it has always been held, +that in the absence of the Master, his authority descends to the Senior +Warden, who may, however, by courtesy, offer the chair to a Past Master +present, after the lodge has been congregated. Some jurisdictions have +permitted a Past Master to preside in the absence of the Master and both +Wardens, provided he was a member of that lodge. But I confess that I can +find no warrant for this rule in any portion of our fundamental laws. The +power of congregating the lodge in the absence of the Master has always +been confined to the Wardens; and it therefore seems to me, that when both +the Master and Wardens are absent, although a Past Master may be present, +the lodge cannot be opened.</p> + +<p>A Past Master is eligible for election to the chair, without again passing +through the office of a Warden.</p> + +<p>He is also entitled to a seat in the East, and to wear a jewel and collar +peculiar to his dignity.</p> + +<p>By an ancient regulation, contained in the Old Charges, Past Masters alone +were eligible to the office of Grand Warden. The Deputy Grand Master was +also to be selected from among the Masters, or Past Masters of Lodges. No +such regulation was in existence as to the office of Grand Master, who +might be selected from the mass of the fraternity. At the present time, in +this country, it is usual to select the Grand officers from among the Past +Masters of the jurisdiction, though I know of no ancient law making such a +regulation obligatory, except in respect to the affairs of Grand Wardens +and Deputy Grand Master.</p> +</div> + + +<div class="chapter" id="b3-06"> +<h3>Chapter VI.</h3> + +<h4>Of Affiliation.</h4> + + + +<p>Affiliation is defined to be the act by which a lodge receives a Mason +among its members. A profane is said to be "initiated," but a Mason is +"affiliated."<sup><a href="#fn91">91</a></sup></p> + +<p>Now the mode in which a Mason becomes affiliated with a lodge, in some +respects differs from, and in others resembles, the mode in which a +profane is initiated.</p> + +<p>A Mason, desiring to be affiliated with a lodge, must apply by petition; +this petition must be referred to a committee for investigation of +character, he must remain in a state of probation for one month, and must +then submit to a ballot, in which unanimity will be required for his +admission. In all these respects, there is no difference in the modes of +regulating applications for initiation and affiliation. The Fifth and +Sixth General Regulations, upon which these usages are founded, draw no +distinction between the act of making a Mason and admitting a member. The +two processes are disjunctively connected in the language of both +regulations. "No man can be made, <i>or admitted a member</i> * * * * without +previous notice one month before;" are the words of the Fifth Regulation. +And in a similar spirit the Sixth adds: "But no man can be entered a +Brother in any particular lodge, <i>or admitted to be a member</i> thereof, +without the unanimous consent of all the members of that lodge."</p> + +<p>None but Master Masons are permitted to apply for affiliation; and every +Brother so applying must bring to the lodge to which he applies a +certificate of his regular dismission from the lodge of which he was last +a member. This document is now usually styled a "demit," and should +specify the good standing of the bearer at the time of his resignation or +demission.</p> + +<p>Under the regulations of the various Grand Lodges of this country, a +profane cannot, as has been already observed, apply for initiation in any +other lodge than the one nearest to his residence. No such regulation, +however, exists in relation to the application of a Mason for +affiliation. Having once been admitted into the Order, he has a right to +select the lodge with which he may desire to unite himself. He is not even +bound to affiliate with the lodge in which he was initiated, but after +being raised, may leave it, without signing the bye-laws, and attach +himself to another.</p> + +<p>A profane, having been rejected by a lodge, can never apply to any other +for initiation. But a Mason, having been rejected, on his application for +affiliation, by a lodge, is not thereby debarred from subsequently making +a similar application to any other.</p> + +<p>In some few jurisdictions a local regulation has of late years been +enacted, that no Mason shall belong to more than one lodge. It is, I +presume, competent for a Grand Lodge to enact such a regulation; but where +such enactment has not taken place, we must be governed by the ancient and +general principle.</p> + +<p>The General Regulations, adopted in 1721, contain no reference to this +case; but in a new regulation, adopted on the 19th February, 1723, it was +declared that "no Brother shall belong to more than one lodge within the +bills of mortality." This rule was, therefore, confined to the lodges in +the city of London, and did not affect the country lodges. Still, +restricted as it was in its operation, Anderson remarks, "this regulation +is neglected for several reasons, and now obsolete."<sup><a href="#fn92">92</a></sup> Custom now in +England and in other parts of Europe, as well as in some few portions of +this country, is adverse to the regulation; and where no local law exists +in a particular jurisdiction, I know of no principle of masonic +jurisprudence which forbids a Mason to affiliate himself with more than +one lodge.</p> + +<p>The only objection to it is one which must be urged, not by the Order, but +by the individual. It is, that his duties and his responsibilities are +thus multiplied, as well as his expenses. If he is willing to incur all +this additional weight in running his race of Masonry, it is not for +others to resist this exuberance of zeal. The Mason, however, who is +affiliated with more than one lodge, must remember that he is subject to +the independent jurisdiction of each; may for the same offense be tried in +each, and, although acquitted by all except one, that, if convicted by +that one, his conviction will, if he be suspended or expelled, work his +suspension or expulsion in all the others.</p> +</div> + + +<div class="chapter" id="b3-07"> +<h3>Chapter VII.</h3> + +<h4>Of Demitting.</h4> + + + +<p>To demit from a lodge is to resign one's membership, on which occasion a +certificate of good standing and a release from all dues is given to the +applicant, which is technically called a <i>demit</i>.</p> + +<p>The right to demit or resign never has, until within a few years, been +denied. In 1853, the Grand Lodge of Connecticut adopted a regulation "that +no lodge should grant a demit to any of its members, except for the +purpose of joining some other lodge; and that no member shall be +considered as having withdrawn from one lodge until he has actually become +a member of another." Similar regulations have been either adopted or +proposed by a few other Grand Lodges, but I much doubt both their +expediency and their legality. This compulsory method of keeping Masons, +after they have once been made, seems to me to be as repugnant to the +voluntary character of our institution as would be a compulsory mode of +making them in the beginning. The expediency of such a regulation is also +highly questionable. Every candidate is required to come to our doors "of +his own free will and accord," and surely we should desire to keep none +among us after that free will is no longer felt. We are all familiar with +the Hudibrastic adage, that</p> + +<blockquote class="poetry"><p> +<span class="line"> "A man convinced against his will,<br /></span> +<span class="line"> Is of the same opinion still,"</span> +</p></blockquote> + +<p>and he who is no longer actuated by that ardent esteem for the institution +which would generate a wish to continue his membership, could scarcely +have his slumbering zeal awakened, or his coldness warmed by the bolts and +bars of a regulation that should keep him a reluctant prisoner within the +walls from which he would gladly escape. Masons with such dispositions we +can gladly spare from our ranks.</p> + +<p>The Ancient Charges, while they assert that every Mason should belong to a +lodge, affix no penalty for disobedience. No man can be compelled to +continue his union with a society, whether it be religious, political, or +social, any longer than will suit his own inclinations or sense of duty. +To interfere with this inalienable prerogative of a freeman would be an +infringement on private rights. A Mason's initiation was voluntary, and +his continuance in the Order must be equally so.</p> + +<p>But no man is entitled to a demit, unless at the time of demanding it he +be in good standing and free from all charges. If under charges for crime, +he must remain and abide his trial, or if in arrears, must pay up his +dues.</p> + +<p>There is, however, one case of demission for which a special law has been +enacted. That is, when several Brethren at the same time request demits +from a lodge. As this action is sometimes the result of pique or anger, +and as the withdrawal of several members at once might seriously impair +the prosperity, or perhaps even endanger the very existence of the lodge, +it has been expressly forbidden by the General Regulations, unless the +lodge has become too numerous for convenient working; and not even then is +permitted except by a Dispensation. The words of this law are to be found +in the Eighth General Regulation, as follows:</p> + +<p>"No set or number of Brethren shall withdraw or separate themselves from +the lodge in which they were made Brethren, or were afterwards admitted +members, unless the lodge becomes too numerous; nor even then, without a +dispensation from the Grand Master or his Deputy; and when they are thus +separated, they must either immediately join themselves to such other +lodge as they shall like best, with the unanimous consent of that other +lodge to which they go, or else they must obtain the Grand Master's +warrant to join in forming a new lodge."</p> + +<p>It seems, therefore, that, although a lodge cannot deny the right of a +single member to demit, when a sort of conspiracy may be supposed to be +formed, and several Brethren present their petitions for demits at one and +the same time, the lodge may not only refuse, but is bound to do so, +unless under a dispensation, which dispensation can only be given in the +case of an over-populous lodge.</p> + +<p>With these restrictions and qualifications, it cannot be doubted that +every Master Mason has a right to demit from his lodge at his own +pleasure. What will be the result upon himself, in his future relations to +the Order, of such demission, will constitute the subject of the +succeeding chapter.</p> +</div> + + +<div class="chapter" id="b3-08"> +<h3>Chapter VIII.</h3> + +<h4>Of Unaffiliated Masons.</h4> + + + +<p>An unaffiliated Mason is one who is not connected by membership with any +lodge. There can be no doubt that such a position is contrary to the +spirit of our institution, and that affiliation is a duty obligatory on +every Mason. The Old Charges, which have been so often cited as the +fundamental law of Masonry, say on this subject: "every Brother ought to +belong to a lodge and to be subject to its bye-laws and the General +Regulations."</p> + +<p>Explicitly as this doctrine has been announced, it has been too little +observed, in consequence of no precise penalty having been annexed to its +violation. In all times, unaffiliated Masons have existed—Masons who have +withdrawn from all active participation in the duties and responsibilities +of the Order, and who, when in the hour of danger or distress, have not +hesitated to claim its protection or assistance, while they have refused +in the day of their prosperity to add anything to its wealth, its power, +or its influence. In this country, the anti-masonic persecutions of 1828, +and a few years subsequently, by causing the cessation of many lodges, +threw a vast number of Brethren out of all direct connection with the +institution; on the restoration of peace, and the renewal of labor by the +lodges, too many of these Brethren neglected to reunite themselves with +the craft, and thus remained unaffiliated. The habit, thus introduced, was +followed by others, until the sin of unaffiliation has at length arrived +at such a point of excess, as to have become a serious evil, and to have +attracted the attention and received the condemnation of almost every +Grand Lodge.</p> + +<p>A few Grand Lodges have denied the right of a Mason permanently to demit +from the Order. Texas, for instance, has declared that "it does not +recognize the right of a Mason to demit or separate himself from the lodge +in which he was made, or may afterwards be admitted, except for the +purpose of joining another lodge, or when he may be about to remove +without the jurisdiction of the lodge of which he may be a member."<sup><a href="#fn93">93</a></sup> A +few other Grand Lodges have adopted a similar regulation; but the +prevailing opinion of the authorities appears to be, that it is competent +to interfere with the right to demit, certain rights and prerogatives +being, however, lost by such demission.</p> + +<p>Arkansas, Missouri, Ohio, and one or two other Grand Lodges, while not +positively denying the right of demission, have at various times levied a +tax or contribution on the demitted or unaffiliated Masons within their +respective jurisdictions. This principle, however, has also failed to +obtain the general concurrence of other Grand Lodges, and some of them, as +Maryland, have openly denounced it. After a careful examination of the +authorities, I cannot deny to any man the <i>right</i> of withdrawing, +whensoever he pleases, from a voluntary association—the laws of the land +would not sustain us in the enforcement of such a regulation; and our own +self-respect should prevent us from attempting it. If, then, he has a +right to withdraw, it clearly follows that we have no right to tax him, +which is only one mode of inflicting a fine or penalty for an act, the +right to do which we have acceded. In the strong language of the Committee +of Correspondence of Maryland:<sup><a href="#fn94">94</a></sup> "The object of Masonry never was to +extort, <i>nolens volens,</i> money from its votaries. Such are not its +principles or teaching. The advocating such doctrines cannot advance the +interest or reputation of the institution; but will, as your committee +fear, do much to destroy its usefulness. Compulsive membership deprives it +of the title, <i>Free</i> and Accepted."</p> + +<p>But as it is an undoubted precept of the Order that every Mason should +belong to a lodge, and contribute, so far as his means will allow, to the +support of the institution, and as, by his demission, for other than +temporary purposes, he violates the principles and disobeys the precepts +of the Order, it naturally follows that his withdrawal must place him in a +different position from that which he would occupy as an affiliated Mason. +It is now time for us to inquire what that new position is.</p> + +<p>We may say, then, that, whenever a Mason permanently withdraws his +membership, he at once, and while he continues unaffiliated, dissevers all +connection between himself and the <i>Lodge organization</i> of the Order. He, +by this act, divests himself of all the rights and privileges which belong +to him as a member of that organization. Among these rights and privileges +are those of visitation, of pecuniary aid, and of masonic burial. +Whenever he approaches the door of a lodge, asking to enter or seeking for +assistance, he is to be met in the light of a profane. He may knock, but +the door must not be opened—he may ask, but he is not to receive. The +work of the lodge is not to be shared by those who have thrown aside their +aprons and their implements, and abandoned the labors of the Temple—the +funds of the lodge are to be distributed only among these who are aiding, +by their individual contributions, to the formation of similar funds in +other lodges.</p> + +<p>But from the well-known and universally-admitted maxim of "once a Mason, +and always a Mason," it follows that a demitted Brother cannot by such +demission divest himself of all his masonic responsibilities to his +Brethren, nor be deprived of their correlative responsibility to him. An +unaffiliated Mason is still bound by certain obligations, of which he +cannot, under any circumstances, divest himself, and by similar +obligations are the fraternity bound to him. These relate to the duties of +secrecy and of aid in the imminent hour of peril. Of the first of these +there can be no doubt; and as to the last, the words of the precept +directing it leaves us no option; nor is it a time when the G.H.S. of D. +is thrown out to inquire into the condition of the party.</p> + +<p>Speaking on this subject, Brother Albert Pike, in his report to the Grand +Lodge of Arkansas, says "if a person appeals to us as a Mason in imminent +peril, or such pressing need that we have not time to inquire into his +worthiness, then, lest we might refuse to relieve and aid a worthy +Brother, we must not stop to inquire <i>as to anything</i>." But I do not think +that the learned Brother has put the case in the strongest light. It is +not alone "lest we might refuse to relieve and aid a worthy Brother," that +we are in cases of "imminent peril" to make no pause for deliberation. But +it is because we are bound by our highest obligations at all times, and to +all Masons, to give that aid when <i>duly</i> called for.</p> + +<p>I may, then, after this somewhat protracted discussion, briefly +recapitulate the position, the rights and the responsibilities of an +unaffiliated Mason as follows:</p> + +<p>1. An unaffiliated Mason is still bound by all his masonic duties and +obligations, excepting those connected with the organization of the lodge.</p> + +<p>2. He has a right to aid in imminent peril when <i>he asks for that aid in +the</i> proper <i>and conventional way</i>.</p> + +<p>3. He loses the right to receive pecuniary relief.</p> + +<p>4. He loses the general right to visit<sup><a href="#fn95">95</a></sup> lodges, or to walk in masonic +processions.</p> + +<p>5. He loses the right of masonic burial.</p> + +<p>6. He still remains subject to the government of the Order, and may be +tried and punished for any offense as an affiliated Mason would be, by the +lodge within whose geographical jurisdiction he resides.</p> +</div></div> + + + +<div class="book" id="b4"> +<h2>Book Fourth.</h2> + +<h3>Of Masonic Crimes and Punishments.</h3> + + + +<div class="chapter" id="b4-01"> +<h3>Chapter I.</h3> + +<h4>Of What Are Masonic Crimes.</h4> + + + +<p>The division of wrongs, by the writers on municipal law, into private and +public, or civil injuries and crimes and misdemeanors, does not apply to +the jurisprudence of Freemasonry. Here all wrongs are crimes, because they +are a violation of the precepts of the institution; and an offense against +an individual is punished, not so much because it is a breach of his +private rights, as because it affects the well-being of the whole masonic +community.</p> + +<p>In replying to the question, "what are masonic crimes?" by which is meant +what crimes are punishable by the constituted authorities, our safest +guide will be that fundamental law which is contained in the Old Charges. +These give a concise, but succinct summary of the duties of a Mason, and, +of course, whatever is a violation of any one of these duties will +constitute a masonic crime, and the perpetrator will be amenable to +masonic punishment.</p> + +<p>But before entering on the consideration of these penal offenses, it will +be well that we should relieve the labor of the task, by inquiring what +crimes or offenses are not supposed to come within the purview of masonic +jurisprudence.</p> + +<p>Religion and politics are subjects which it is well known are stringently +forbidden to be introduced into Masonry. And hence arises the doctrine, +that Masonry will not take congnizance of religious or political offenses.</p> + +<p>Heresy, for instance, is not a masonic crime. Masons are obliged to use +the words of the Old Charges, "to that religion in which all men agree, +leaving their particular opinions to themselves;" and, therefore, as long +as a Mason acknowledges his belief in the existence of one God, a lodge +can take no action on his peculiar opinions, however heterodox they may +be.</p> + +<p>In like manner, although all the most ancient and universally-received +precepts of the institution inculcate obedience to the civil powers, and +strictly forbid any mingling in plots or conspiracies against the peace +and welfare of the nation, yet no offense against the state, which is +simply political in its character, can be noticed by a lodge. On this +important subject, the Old Charges are remarkably explicit. They say, +putting perhaps the strongest case by way of exemplifying the principle, +"that if a Brother should be a rebel against the State, he is not to be +countenanced in his rebellion, however he may be pitied as an unhappy man; +and, if convicted of no other crime, though the loyal Brotherhood must and +ought to disown his rebellion, and give no umbrage or ground of political +jealousy to the government for the time being, <i>they cannot expel him from +the lodge, and his relation to it remains indefeasible</i>"</p> + +<p>The lodge can, therefore, take no cognizance of religious or political +offenses.</p> + +<p>The first charge says: "a Mason is obliged by his tenure to obey the moral +law." Now, although, in a theological sense, the ten commandments are said +to embrace and constitute the moral law, because they are its best +exponent, yet jurists have given to the term a more general latitude, in +defining the moral laws to be "the eternal, immutable laws of good and +evil, to which the Creator himself, in all dispensations, conforms, and +which he has enabled human reason to discover, so far as they are +necessary for the conduct of human actions."<sup><a href="#fn96">96</a></sup> Perhaps the well known +summary of Justinian will give the best idea of what this law is, namely, +that we "should live honestly, (that is to say, without reproach,)<sup><a href="#fn97">97</a></sup> +should injure nobody, and render to every one his just due."</p> + +<p>If such, then, be the meaning of the moral law, and if every Mason is by +his tenure obliged to obey it, it follows, that all such crimes as profane +swearing or great impiety in any form, neglect of social and domestic +duties, murder and its concomitant vices of cruelty and hatred, adultery, +dishonesty in any shape, perjury or malevolence, and habitual falsehood, +inordinate covetousness, and in short, all those ramifications of these +leading vices which injuriously affect the relations of man to God, his +neighbor, and himself, are proper subjects of lodge jurisdiction. Whatever +moral defects constitute the bad man, make also the bad Mason, and +consequently come under the category of masonic offenses. The principle is +so plain and comprehensible as to need no further exemplification. It is +sufficient to say that, whenever an act done by a Mason is contrary to or +subsersive of the three great duties which he owes to God, his neighbor, +and himself, it becomes at once a subject of masonic investigation, and of +masonic punishment.</p> + +<p>But besides these offenses against the universal moral law, there are many +others arising from the peculiar nature of our institution. Among these we +may mention, and in their order, those that are enumerated in the several +sections of the Sixth Chapter of the Old Charges. These are, unseemly and +irreverent conduct in the lodge, all excesses of every kind, private +piques or quarrels brought into the lodge; imprudent conversation in +relation to Masonry in the presence of uninitiated strangers; refusal to +relieve a worthy distressed Brother, if in your power; and all "wrangling, +quarreling, back-biting, and slander."</p> + +<p>The lectures in the various degrees, and the Ancient Charges read on the +installation of the Master of a lodge, furnish us with other criteria for +deciding what are peculiarly masonic offenses. All of them need not be +detailed; but among them may be particularly mentioned the following: All +improper revelations, undue solicitations for candidates, angry and +over-zealous arguments in favor of Masonry with its enemies, every act +which tends to impair the unsullied purity of the Order, want of +reverence for and obedience to masonic superiors, the expression of a +contemptuous opinion of the original rulers and patrons of Masonry, or of +the institution itself; all countenance of impostors; and lastly, holding +masonic communion with clandestine Masons, or visiting irregular lodges.</p> + +<p>From this list, which, extended as it is, might easily have been enlarged, +it will be readily seen, that the sphere of masonic penal jurisdiction is +by no means limited. It should, therefore, be the object of every Mason, +to avoid the censure or reproach of his Brethren, by strictly confining +himself as a point within that circle of duty which, at his first +initiation, was presented to him as an object worthy of his consideration.</p> +</div> + + +<div class="chapter" id="b4-02"> +<h3>Chapter II.</h3> + +<h4>Of Masonic Punishments.</h4> + + + +<p>Having occupied the last chapter in a consideration of what constitute +masonic crimes, it is next in order to inquire how these offenses are to +be punished; and accordingly I propose in the following sections to treat +of the various modes in which masonic law is vindicated, commencing with +the slightest mode of punishment, which is censure, and proceeding to the +highest, or expulsion from all the rights and privileges of the Order.</p> + + +<div class="sec" id="b4-02-01"> +<h4>Section I.</h4> + +<h5><i>Of Censure.</i></h5> + + +<p>A censure is the mildest form of punishment that can be inflicted by a +lodge; and as it is simply the expression of an opinion by the members of +the lodge, that they do not approve of the conduct of the person +implicated, in a particular point of view, and as it does not in any +degree affect the masonic standing of the one censured, nor for a moment +suspend or abridge his rights and benefits, I have no doubt that it may be +done on a mere motion, without previous notice, and adopted, as any other +resolution, by a bare majority of the members present.</p> + +<p>Masonic courtesy would, however, dictate that notice should be given to +the Brother, if absent, that such a motion of censure is about to be +proposed or considered, to enable him to show cause, if any he have, why +he should not be censured. But such notice is not, as I have said, +necessary to the legality of the vote of censure.</p> + +<p>A vote of censure will sometimes, however, be the result of a trial, and +in that case its adoption must be governed by the rules of masonic trials, +which are hereafter to be laid down.</p> +</div> + +<div class="sec" id="b4-02-"> +<h4>Section II.</h4> + +<a name="b4-02-02"></a> +<h5><i>Of Reprimand.</i></h5> + + +<p>A reprimand is the next mildest form of masonic punishment. It should +never be adopted on a mere motion, but should always be the result of a +regular trial, in which the party may have the opportunity of defense.</p> + +<p>A reprimand may be either private or public. If to be given in private, +none should be present but the Master and the offender; or, if given by +letter, no copy of that letter should be preserved.</p> + +<p>If given in public, the lodge is the proper place, and the reprimand +should be given by the Master from his appropriate station.</p> + +<p>The Master is always the executive officer of the lodge, and in carrying +out the sentence he must exercise his own prudent discretion as to the +mode of delivery and form of words.</p> + +<p>A reprimand, whether private or public, does not affect the masonic +standing of the offender.</p> +</div> + +<div class="sec" id="b4-02-03"> +<h4>Section III.</h4> + +<h5><i>Of Exclusion from the Lodge.</i></h5> + + +<p>Exclusion from a lodge may be of various degrees.</p> + +<p>1. A member may for indecorous or unmasonic conduct be excluded from a +single meeting of the lodge. This may be done by the Master, under a +provision of the bye-laws giving him the authority, or on his own +responsibility, in which case he is amenable to the Grand Lodge for the +correctness of his decision. Exclusion in this way does not affect the +masonic standing of the person excluded, and does not require a previous +trial.</p> + +<p>I cannot entertain any doubt that the Master of a lodge has the right to +exclude temporarily any member or Mason, when he thinks that either his +admission, if outside, or his continuance within, if present, will impair +the peace and harmony of the lodge. It is a prerogative necessary to the +faithful performance of his duties, and inalienable from his great +responsibility to the Grand Lodge for the proper government of the Craft +intrusted to his care. If, as it is described in the ancient manner of +constituting a lodge, the Master is charged "to preserve the cement of the +Lodge," it would be folly to give him such a charge, unless he were +invested with the power to exclude an unruly or disorderly member. But as +Masters are enjoined not to rule their lodges in an unjust or arbitrary +manner, and as every Mason is clearly entitled to redress for any wrong +that has been done to him, it follows that the Master is responsible to +the Grand Lodge for the manner in which he has executed the vast power +intrusted to him, and he may be tried and punished by that body, for +excluding a member, when the motives of the act and the other +circumstances of the exclusion were not such as to warrant the exercise of +his prerogative.</p> + +<p>2. A member may be excluded from his lodge for a definite or indefinite +period, on account of the non-payment of arrears. This punishment may be +inflicted in different modes, and under different names. It is sometimes +called, <i>suspension from the lodge,</i> and sometimes <i>erasure from the +roll</i>. Both of these punishments, though differing in their effect, are +pronounced, not after a trial, but by a provision of the bye-laws of the +lodge. For this reason alone, if there were no other, I should contend, +that they do not affect the standing of the member suspended, or erased, +with relation to the craft in general. No Mason can be deprived of his +masonic rights, except after a trial, with the opportunity of defense, and +a verdict of his peers.</p> + +<p>But before coming to a definite conclusion on this subject, it is +necessary that we should view the subject in another point of view, in +which it will be seen that a suspension from the rights and benefits of +Masonry, for the non-payment of dues, is entirely at variance with the +true principles of the Order.</p> + +<p>The system of payment of lodge-dues does not by any means belong to the +ancient usages of the fraternity. It is a modern custom, established for +purposes of convenience, and arising out of other modifications, in the +organization of the Order. It is not an obligation on the part of a Mason, +to the institution at large, but is in reality a special contract, in +which the only parties are a particular lodge and its members, of which +the fraternity, as a mass, are to know nothing. It is not presented by any +general masonic law, nor any universal masonic precept. No Grand Lodge has +ever yet attempted to control or regulate it, and it is thus tacitly +admitted to form no part of the general regulations of the Order. Even in +that Old Charge in which a lodge is described, and the necessity of +membership in is enforced, not a word is said of the payment of arrears to +it, or of the duty of contributing to its support. Hence the non-payment +of arrears is a violation of a special and voluntary contract with a +lodge, and not of any general duty to the craft at large. The corollary +from all this is, evidently, that the punishment inflicted in such a case +should be one affecting the relations of the delinquent with the +particular lodge whose bye-laws he has infringed, and not a general one, +affecting his relations with the whole Order. After a consideration of +all these circumstances, I am constrained to think that suspension from +alodge, for non-payment of arrears, should only suspend the rights of the +member as to his own lodge, but should not affect his right of visiting +other lodges, nor any of the other privileges inherent in him as a Mason. +Such is not, I confess, the general opinion, or usage of the craft in this +country, but yet I cannot but believe that it is the doctrine most +consonant with the true spirit of the institution. It is the practice +pursued by the Grand Lodge of England, from which most of our Grand Lodges +derive, directly or indirectly, their existence. It is also the regulation +of the Grand Lodge of Massachusetts. The Grand Lodge of South Carolina +expressly forbids suspension from the rights and benefits of Masonry for +non-payment of dues, and the Grand Lodge of New York has a similar +provision in its Constitution.</p> + +<p>Of the two modes of exclusion from a lodge for non-payment of dues, +namely, suspension and erasure, the effects are very different. Suspension +does not abrogate the connection between the member and his lodge, and +places his rights in abeyance only. Upon the payment of the debt, he is +at once restored without other action of the lodge. But erasure from the +roll terminates all connection between the delinquent and the lodge, and +he ceases to be a member of it. Payment of the dues, simply, will not +restore him; for it is necessary that he should again be elected by the +Brethren, upon formal application.</p> + +<p>The word exclusion has a meaning in England differing from that in which +it has been used in the present section. There the prerogative of +expulsion is, as I think very rightly, exercised only by the Grand Lodge. +The term "expelled" is therefore used only when a Brother is removed from +the raft, by the Grand Lodge. The removal by a District Grand Lodge, or a +subordinate lodge, is called "exclusion." The effect, however, of the +punishment of exclusion, is similar to that which has been here advocated.</p> +</div> + +<div class="sec" id="b4-02-04"> +<h4>Section IV.</h4> + +<h5><i>Of Definite Suspension.</i></h5> + + +<p>Suspension is a punishment by which a party is temporarily deprived of his +rights and privileges as a Mason. It does not terminate his connection +with the craft, but only places it in abeyance, and it may again be +resumed in a mode hereafter to be indicated.</p> + +<p>Suspension may be, in relation to time, either definite or indefinite. And +as the effects produced upon the delinquent, especially in reference to +the manner of his restoration, are different, it is proper that each +should be separately considered.</p> + +<p>In a case of definite suspension, the time for which the delinquent is to +be suspended, whether for one month, for three, or six months, or for a +longer or shorter period, is always mentioned in the sentence.</p> + +<p>At its termination, the party suspended is at once restored without +further action of the lodge. But as this is a point upon which there has +been some difference of opinion, the argument will be fully discussed in +the chapter on the subject of <i>Restoration.</i></p> + +<p>By a definite suspension, the delinquent is for a time placed beyond the +pale of Masonry. He is deprived of all his rights as a Master Mason—is +not permitted to visit any lodge, or hold masonic communication with his +Brethren—is not entitled to masonic relief, and should he die during his +suspension, is not entitled to masonic burial. In short, the amount of +punishment differs from that of indefinite suspension or expulsion only +in the period of time for which it is inflicted.</p> + +<p>The punishment of definite suspension is the lightest that can be +inflicted of those which affect the relations of a Mason with the +fraternity at large. It must always be preceded by a trial, and the +prevalent opinion is, that it may be inflicted by a two-thirds vote of the +lodge.</p> +</div> + +<div class="sec" id="b4-02-05"> +<h4>Section V.</h4> + +<h5><i>Of Indefinite Suspension.</i></h5> + + +<p>Indefinite suspension is a punishment by which the person suspended is +deprived of all his rights and privileges as a Mason, until such time as +the lodge which has suspended him shall see fit, by a special action, to +restore him.</p> + +<p>All that has been said of definite suspension in the preceding section, +will equally apply to indefinite suspension, except that in the former +case the suspended person is at once restored by the termination of the +period for which he was suspended; while in the latter, as no period of +termination had been affixed, a special resolution of the lodge will be +necessary to effect a restoration.</p> + +<p>By suspension the connection of the party with his lodge and with the +institution is not severed; he still remains a member of his lodge, +although his rights as such are placed in abeyance. In this respect it +materially differs from expulsion, and, as an inferior grade of +punishment, is inflicted for offenses of a lighter character than those +for which expulsion is prescribed.</p> + +<p>The question here arises, whether the dues of a suspended member to his +lodge continue to accrue during his suspension? I think they do not. Dues +or arrears are payments made to a lodge for certain rights and +benefits—the exercise and enjoyment of which are guaranteed to the +member, in consideration of the dues thus paid. But as by suspension, +whether definite or indefinite, he is for the time deprived of these +rights and benefits, it would seem unjust to require from him a payment +for that which he does not enjoy. I hold, therefore, that suspension from +the rights and benefits of Masonry, includes also a suspension from the +payment of arrears.</p> + +<p>No one can be indefinitely suspended, unless after a due form of trial, +and upon the vote of at least two-thirds of the members present.</p> +</div> + +<div class="sec" id="b4-02-06"> +<h4>Section VI.</h4> + +<h5><i>Of Expulsion.</i><sup><a href="#fn98">98</a></sup></h5> + + +<p>Expulsion is the very highest penalty that can be inflicted upon a +delinquent Mason. It deprives the party expelled of all the masonic rights +and privileges that he ever enjoyed, not only as a member of the lodge +from which he has been ejected, but also of all those which were inherent +in him as a member of the fraternity at large. He is at once as completely +divested of his masonic character as though he had never been admitted +into the institution. He can no longer demand the aid of his Brethren, nor +require from them the performance of any of the duties to which he was +formerly entitled, nor visit any lodge, nor unite in any of the public or +private ceremonies of the Order. No conversation on masonic subjects can +be held with him, and he is to be considered as being completely without +the pale of the institution, and to be looked upon in the same light as a +profane, in relation to the communication of any masonic information.</p> + +<p>It is a custom too generally adopted in this country, for subordinate +lodges to inflict this punishment, and hence it is supposed by many, that +the power of inflicting it is vested in the subordinate lodges. But the +fact is, that the only proper tribunal to impose this heavy penalty is a +Grand Lodge. A subordinate may, indeed, try its delinquent member, and if +guilty declare him expelled. But the sentence is of no force until the +Grand Lodge, under whose jurisdiction it is working, has confirmed it. And +it is optional with the Grand Lodge to do so, or, as is frequently done, +to reverse the decision and reinstate the Brother. Some of the lodges in +this country claim the right to expel independently of the action of the +Grand Lodge, but the claim is not valid. The very fact that an expulsion +is a penalty, affecting the general relations of the punished party with +the whole fraternity, proves that its exercise never could, with +propriety, be intrusted to a body so circumscribed in its authority as a +subordinate lodge. Besides, the general practice of the fraternity is +against it. The English Constitutions vest the power to expel exclusively +in the Grand Lodge.<sup><a href="#fn99">99</a></sup></p> + +<p>The severity of the punishment will at once indicate the propriety of +inflicting it only for the most serious offenses, such, for instance, as +immoral conduct, that would subject a candidate for initiation to +rejection.</p> + +<p>As the punishment is general, affecting the relation of the one expelled +with the whole fraternity, it should not be lightly imposed, for the +violation of any masonic act not general in its character. The commission +of a grossly immoral act is a violation of the contract entered into +between each Mason and his Order. If sanctioned by silence or impunity, it +would bring discredit on the institution, and tend to impair its +usefulness. A Mason who is a bad man, is to the fraternity what a +mortified limb is to the body, and should be treated with the same mode of +cure—he should be cut off, lest his example spread, and disease be +propagated through the constitution.</p> + +<p>The punishment of expulsion can only be inflicted after a due course of +trial, and upon the votes of at least two-thirds of the members present, +and should always be submitted for approval and confirmation to the Grand +Lodge.</p> + +<p>One question here arises, in respect not only to expulsion but to the +other masonic punishments, of which I have treated in the preceding +sections:—Does suspension or expulsion from a Chapter of Royal Arch +Masons, an Encampment of Knights Templar, or any other of what are called +the higher degrees of Masonry, affect the relations of the expelled party +to Symbolic or Ancient Craft Masonry? I answer, unhesitatingly, that it +does not, and for reasons which, years ago, I advanced, in the following +language, and which appear to have met with the approval of the most of my +contemporaries:—</p> + +<p>"A chapter of Royal Arch Masons, for instance, is not, and cannot be, +recognized as a masonic body, by a lodge of Master Masons. 'They hear them +so to be, but they do not know them so to be,' by any of the modes of +recognition known to Masonry. The acts, therefore, of a Chapter cannot be +recognized by a Master Masons' lodge, any more than the acts of a literary +or charitable society wholly unconnected with the Order. Again: By the +present organization of Freemasonry, Grand Lodges are the supreme masonic +tribunals. If, therefore, expulsion from a Chapter of Royal Arch Masons +involved expulsion from a Blue Lodge, the right of the Grand Lodge to hear +and determine causes, and to regulate the internal concerns of the +institution, would be interfered with by another body beyond its control. +But the converse of this proposition does not hold good. Expulsion from a +Blue Lodge involves expulsion from all the higher degrees; because, as +they are composed of Blue Masons, the members could not of right sit and +hold communications on masonic subjects with one who was an expelled +Mason."<sup><a href="#fn100">100</a></sup></p> +</div></div> + + +<div class="chapter" id="b4-03"> +<h3>Chapter III.</h3> + +<h4>Of Masonic Trials.</h4> + + + +<p>Having thus discussed the penalties which are affixed to masonic offenses, +we are next to inquire into the process of trial by which a lodge +determines on the guilt or innocence of the accused. This subject will be +the most conveniently considered by a division into two sections; first, +as to the form of trial; and secondly, as to the character of the +evidence.</p> + + +<div class="sec" id="b4-03-01"> +<h4>Section I.</h4> + +<h5><i>Of the Form of Trial.</i></h5> + + +<p>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.</p> + +<p>A charge or statement of the offense imputed to the party is always a +preliminary step to every trial.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>Every member present is bound to vote, unless excused by unanimous +consent.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>The votes on the nature of the punishment should be taken by a show of +hands.</p> + +<p>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.</p> + +<p>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.</p> +</div> + +<div class="sec" id="b4-03-02"> +<h4>Section II.</h4> + +<h5><i>Of the Evidence in Masonic Trials.</i></h5> + + +<p>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.</p> + +<p>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.</p> + +<p>1. Persons who have not the use of reason, are, from the infirmity of +their nature, considered to be utterly incapable of giving evidence.<sup><a href="#fn101">101</a></sup> +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.</p> + +<p>2. Persons who are entirely devoid of any such religious principle or +belief as would bind their consciences to speak the truth, are incompetent +as witnesses. Hence, the testimony of an atheist must be rejected; +because, as it has been well said, such a person cannot be subject to that +sanction which is deemed an indispensable test of truth. But as Masonry +does not demand of its candidates any other religious declaration than +that of a belief in God, it cannot require of the witnesses in its trials +any profession of a more explicit faith. But even here it seems to concur +with the law of the land; for it has been decided by Chief Baron Willes, +that "an infidel who believes in a God, and that He will reward and punish +him in this world, but does not believe in a future state, may be examined +upon oath."</p> + +<p>3. Persons who have been rendered infamous by their conviction of great +crimes, are deemed incompetent to give evidence. This rule has been +adopted, because the commission of an infamous crime implies, as Sir +William Scott has observed, "such a dereliction of moral principle on the +part of the witness, as carries with it the conclusion that he would +entirely disregard the obligation of an oath." Of such a witness it has +been said, by another eminent judge,<sup><a href="#fn102">102</a></sup> that "the credit of his oath is +over-balanced by the stain of his iniquity."</p> + +<p>4. Persons interested in the result of the trial are considered +incompetent to give evidence. From the nature of human actions and +passions, and from the fact that all persons, even the most virtuous, are +unconsciously swayed by motives of interest, the testimony of such persons +is rather to be distrusted than believed. This rule will, perhaps, be +generally of difficult application in masonic trials, although in a civil +suit at law it is easy to define what is the interest of a party +sufficient to render his evidence incompetent. But whenever it is clearly +apparent that the interests of a witness would be greatly benefited by +either the acquittal or the conviction of the accused, his testimony must +be entirely rejected, or, if admitted, its value must be weighed with the +most scrupulous caution.</p> + +<p>Such are the rules that the wisdom of successive generations of men, +learned in the law, have adopted for the establishment of the competency +or incompetency of witnesses. There is nothing in them which conflicts +with the principles of justice, or with the Constitutions of Freemasonry; +and hence they may, very properly, be considered as a part of our own +code. In determining, therefore, the rule for the admission of witnesses +in masonic trials, we are to be governed by the simple proposition that +has been enunciated by Mr. Justice Lawrence in the following language:</p> + +<p>"I find no rule less comprehensive than this, that all persons are +admissible witnesses who have the use of their reason, and such religious +belief as to feel the obligation of an oath, who have not been convicted +of any infamous crime, and who are not influenced by interest."</p> + +<p>The peculiar, isolated character of our institution, here suggests as an +important question, whether it is admissible to take the testimony of a +profane, or person who is not a Freemason, in the trial of a Mason before +his lodge.</p> + +<p>To this question I feel compelled to reply, that such testimony is +generally admissible; but, as there are special cases in which it is not, +it seems proper to qualify that reply by a brief inquiry into the grounds +and reasons of this admissibility, and the mode and manner in which such +testimony is to be taken.</p> + +<p>The great object of every trial, in Masonry, as elsewhere, is to elicit +truth; and, in the spirit of truth, to administer justice. From whatever +source, therefore, this truth can be obtained, it is not only competent +there to seek it, but it is obligatory on us so to do. This is the +principle of law as well as of common sense. Mr. Phillips, in the +beginning of his great "Treatise on the Law of Evidence," says: "In +inquiries upon this subject, the great end and object ought always to be, +the ascertaining of the most convenient and surest means for the +attainment of truth; the rules laid down are the means used for the +attainment of that end."</p> + +<p>Now, if A, who is a Freemason, shall have committed an offense, of which B +and C alone were cognizant as witnesses, shall it be said that A must be +acquitted for want of proof, because B and C are not members of the Order? +We apprehend that in this instance the ends of justice would be defeated, +rather than subserved. If the veracity and honesty of B and C are +unimpeached, their testimony as to the fact cannot lawfully be rejected on +any ground, except that they may be interested in the result of the trial, +and might be benefited by the conviction or the acquittal of the +defendant. But this is an objection that would hold against the evidence +of a Mason, as well as a profane.</p> + +<p>Any other rule would be often attended with injurious consequences to our +institution. We may readily suppose a case by way of illustration. A, who +is a member of a lodge, is accused of habitual intemperance, a vice +eminently unmasonic in its character, and one which will always reflect a +great portion of the degradation of the offender upon the society which +shall sustain and defend him in its perpetration. But it may happen—and +this is a very conceivable case—that in consequence of the remoteness of +his dwelling, or from some other supposable cause, his Brethren have no +opportunity of seeing him, except at distant intervals. There is, +therefore, no Mason, to testify to the truth of the charge, while his +neighbors and associates, who are daily and hourly in his company, are all +aware of his habit of intoxication.</p> + +<p>If, then, a dozen or more men, all of reputation and veracity, should +come, or be brought before the lodge, ready and willing to testify to this +fact, by what process of reason or justice, or under what maxim of masonic +jurisprudence, could their testimony be rejected, simply because they were +not Masons? And if rejected—if the accused with this weight of evidence +against him, with this infamy clearly and satisfactorily proved by these +reputable witnesses, were to be acquitted, and sent forth purged of the +charge, upon a mere technical ground, and thus triumphantly be sustained +in the continuation of his vice, and that in the face of the very +community which was cognizant of his degradation of life and manners, who +could estimate the disastrous consequences to the lodge and the Order +which should thus support and uphold him in his guilty course? The world +would not, and could not appreciate the causes that led to the rejection +of such clear and unimpeachable testimony, and it would visit with its +just reprobation the institution which could thus extend its fraternal +affections to the support of undoubted guilt.</p> + +<p>But, moreover, this is not a question of mere theory; the principle of +accepting the testimony of non-masonic witnesses has been repeatedly acted +on. If a Mason has been tried by the courts of his country on an +indictment for larceny, or any other infamous crime, and been convicted by +the verdict of a jury, although neither the judge nor the jury, nor the +witnesses were Masons, no lodge after such conviction would permit him to +retain his membership, but, on the contrary, it would promptly and +indignantly expel him from the Brotherhood. If, however, the lodge should +refuse to expel him, on the ground that his conviction before the court +was based on the testimony of non-masonic witnesses, and should grant him +a lodge trial for the same offense, then, on the principle against which +we are contending, the evidence of these witnesses as "profanes" would be +rejected, and the party be acquitted for want of proof; and thus the +anomalous and disgraceful spectacle would present itself—of a felon +condemned and punished by the laws of his country for an infamous crime, +acquitted and sustained by a lodge of Freemasons.</p> + +<p>But we will be impressed with the inexpediency and injustice of this +principle, when we look at its operation from another point of view. It is +said to be a bad rule that will not work both ways; and, therefore, if the +testimony of non-masonic witnesses against the accused is rejected on the +ground of inadmissibility, it must also be rejected when given in his +favor. Now, if we suppose a case, in which a Mason was accused before his +lodge of having committed an offense, at a certain time and place, and, by +the testimony of one or two disinterested persons, he could establish what +the law calls an <i>alibi</i>, that is, that at that very time he was at a +far-distant place, and could not, therefore, have committed the offense +charged against him, we ask with what show of justice or reason could such +testimony be rejected, simply because the parties giving it were not +Masons? But if the evidence of a "profane" is admitted in favor of the +accused, rebutting testimony of the same kind cannot with consistency be +rejected; and hence the rule is determined that in the trial of Masons, it +is competent to receive the evidence of persons who are not Masons, but +whose competency, in other respects, is not denied.</p> + +<p>It must, however, be noted, that the testimony of persons who are not +Masons is not to be given as that of Masons is, within the precincts of +the lodge. They are not to be present at the trial; and whatever testimony +they have to adduce, must be taken by a committee, to be afterwards +accurately reported to the lodge. But in all cases, the accused has a +right to be present, and to interrogate the witnesses.</p> + +<p>The only remaining topic to be discussed is the method of taking the +testimony, and this can be easily disposed of.</p> + +<p>The testimony of Masons is to be taken either in lodge or in committee, +and under the sanction of their obligations.</p> + +<p>The testimony of profanes is always to be taken by a committee, and on +oath administered by a competent legal officer—the most convenient way of +taking such testimony is by affidavit.</p> +</div></div> + + +<div class="chapter" id="b4-04"> +<h3>Chapter IV.</h3> + +<h4>Of the Penal Jurisdiction of a Lodge.</h4> + + + +<p>The penal jurisdiction of a lodge is that jurisdiction which it is +authorized to exercise for the trial of masonic offenses, and the +infliction of masonic punishment. It may be considered as either +geographical or personal.</p> + +<p>The geographical jurisdiction of a lodge extends in every direction, half +way to the nearest lodge. Thus, if two lodges be situated at the distance +of sixteen miles from each other, then the penal jurisdiction of each will +extend for the space of eight miles in the direction of the other.</p> + +<p>The personal jurisdiction of a lodge is that jurisdiction which a lodge +may exercise over certain individuals, respective or irrespective of +geographical jurisdiction. This jurisdiction is more complicated than the +other, and requires a more detailed enumeration of the classes over whom +it is to be exercised.</p> + +<p>1. A lodge exercises penal jurisdiction over all its members, no matter +where they may reside. A removal from the geographical jurisdiction will +not, in this case, release the individual from personal jurisdiction. The +allegiance of a member to his lodge is indefeasible.</p> + +<p>2. A lodge exercises penal jurisdiction over all unaffiliated Masons, +living within its geographical jurisdiction. An unaffiliated Mason cannot +release himself from his responsibilities to the Order. And if, by immoral +or disgraceful conduct, he violates the regulations of the Order, or tends +to injure its reputation in the estimation of the community, he is +amenable to the lodge nearest to his place of residence, whether this +residence be temporary or permanent, and may be reprimanded, suspended, or +expelled.</p> + +<p>This doctrine is founded on the wholesome reason, that as a lodge is the +guardian of the purity and safety of the institution, within its own +jurisdiction, it must, to exercise this guardianship with success, be +invested with the power of correcting every evil that occurs within its +precincts. And if unaffiliated Masons were exempted from this control, the +institution might be seriously affected in the eyes of the community, by +their bad conduct.</p> + +<p>3. The personal jurisdiction of a lodge, for the same good reason, +extends over all Masons living in its vicinity. A Master Mason belonging +to a distant lodge, but residing within the geographical jurisdiction of +another lodge, becomes amenable for his conduct to the latter, as well as +to the former lodge. But if his own lodge is within a reasonable distance, +courtesy requires that the lodge near which he resides should rather make +a complaint to his lodge than itself institute proceedings against him. +But the reputation of the Order must not be permitted to be endangered, +and a case might occur, in which it would be inexpedient to extend this +courtesy, and where the lodge would feel compelled to proceed to the trial +and punishment of the offender, without appealing to his lodge. The +geographical jurisdiction will, in all cases, legalize the proceedings.</p> + +<p>4. But a lodge situated near the confines of a State cannot extend its +jurisdiction over Masons residing in a neighboring State, and not being +its members, however near they may reside to it: for no lodge can exercise +jurisdiction over the members of another Grand Lodge jurisdiction. Its +geographical, as well as personal jurisdiction, can extend no further than +that of its own Grand Lodge.</p> + +<p>5. Lastly, no lodge can exercise penal jurisdiction over its own Master, +for he is alone responsible for his conduct to the Grand Lodge. But it may +act as his accuser before that body, and impeach him for any offense that +he may have committed. Neither can a lodge exercise penal jurisdiction +over the Grand Master, although under other circumstances it might have +both geographical and personal jurisdiction over him, from his residence +and membership.</p> +</div> + + +<div class="chapter" id="b4-05"> +<h3>Chapter V.</h3> + +<h4>Of Appeals.</h4> + + + +<p>Every Mason, who has been tried and convicted by a lodge, has an +inalienable right to appeal from that conviction, and from the sentence +accompanying it, to the Grand Lodge.</p> + +<p>As an appeal always supposes the necessity of a review of the whole case, +the lodge is bound to furnish the Grand Lodge with an attested copy of its +proceedings on the trial, and such other testimony in its possession as +the appellant may deem necessary for his defense.</p> + +<p>The Grand Lodge may, upon investigation, confirm the verdict of its +subordinate. In this case, the appeal is dismissed, and the sentence goes +into immediate operation without any further proceedings on the part of +the lodge.</p> + +<p>The Grand Lodge may, however, only approve in part, and may reduce the +penalty inflicted, as for instance, from expulsion to suspension. In this +case, the original sentence of the lodge becomes void, and the milder +sentence of the Grand Lodge is to be put in force. The same process would +take place, were the Grand Lodge to increase instead of diminishing the +amount of punishment, as from suspension to expulsion. For it is competent +for the Grand Lodge, on an appeal, to augment, reduce or wholly abrogate +the penalty inflicted by its subordinate.</p> + +<p>But the Grand Lodge may take no direct action on the penalty inflicted, +but may simply refer the case back to the subordinate for a new trial. In +this case, the proceedings on the trial will be commenced <i>de novo</i>, if +the reference has been made on the ground of any informality or illegality +in the previous trial. But if the case is referred back, not for a new +trial, but for further consideration, on the ground that the punishment +was inadequate—either too severe, or not sufficiently so—in this case, +it is not necessary to repeat the trial. The discussion on the nature of +the penalty to be inflicted should, however, be reviewed, and any new +evidence calculated to throw light on the nature of the punishment which +is most appropriate, may be received.</p> + +<p>Lastly, the Grand Lodge may entirely reverse the decision of its +subordinate, and decree a restoration of the appellant to all his rights +and privileges, on the ground of his innocence of the charges which had +been preferred against him. But, as this action is often highly important +in its results, and places the appellant and the lodge in an entirely +different relative position, I have deemed its consideration worthy of a +distinct chapter.</p> + +<p>During the pendency of an appeal, the sentence of the subordinate lodge is +held in abeyance, and cannot; be enforced. The appellant in this case +remains in the position of a Mason "under charges."</p> +</div> + + +<div class="chapter" id="b4-06"> +<h3>Chapter VI.</h3> + +<h4>Of Restoration.</h4> + + + +<p>The penalties of suspension and expulsion are terminated by restoration, +which may take place either by the action of the lodge which inflicted +them, or by that of the Grand Lodge.</p> + +<p>Restoration from definite suspension is terminated without any special +action of the lodge, but simply by the termination of the period for which +the party was suspended. He then at once reenters into the possession of +all the rights, benefits, and functions, from which he had been +temporarily suspended.</p> + +<p>I have myself no doubt of the correctness of this principle; but, as it +has been denied by some writers, although a very large majority of the +authorities are in its favor, it may be well, briefly, to discuss its +merits.</p> + +<p>Let us suppose that on the 1st of January A.B. had been suspended for +three months, that is, until the 1st day of April. At the end of the three +months, that is to say, on the first of April, A.B. would no longer be a +suspended member—for the punishment decreed will have been endured; and +as the sentence of the lodge had expressly declared that his suspension +was to last until the 1st of April, the said sentence, if it means +anything, must mean that the suspension was, on the said 1st of April, to +cease and determine. If he were, therefore, to wait until the 1st of May +for the action of the lodge, declaring his restoration, he would suffer a +punishment of four months' suspension, which was not decreed by his lodge +upon his trial, and which would, therefore, be manifestly unjust and +illegal.</p> + +<p>Again: if the offense which he had committed was, upon his trial, found to +be so slight as to demand only a dismissal for one night from the lodge, +will it be contended that, on his leaving the lodge-room pursuant to his +sentence, he leaves not to return to it on the succeeding communication, +unless a vote should permit him? Certainly not. His punishment of +dismissal for one night had been executed; and on the succeeding night he +reentered into the possession of all his rights. But if he can do so after +a dismissal or suspension of one night, why not after one or three, six or +twelve months? The time is extended, but the principle remains the same.</p> + +<p>But the doctrine, that after the expiration of the term of a definite +suspension, an action by the lodge is still necessary to a complete +restoration, is capable of producing much mischief and oppression. For, if +the lodge not only has a right, but is under the necessity of taking up +the case anew, and deciding whether the person who had been suspended for +three months, and whose period of suspension has expired, shall now be +restored, it follows, that the members of the lodge, in the course of +their inquiry, are permitted to come to such conclusion as they may think +just and fit; for to say that they, after all their deliberations, are, to +vote only in one way, would be too absurd to require any consideration. +They may, therefore, decide that A.B., having undergone the sentence of +the lodge, shall be restored, and then of course all would be well, and no +more is to be said. But suppose that they decide otherwise, and say that +A.B., having undergone the sentence of suspension of three months, <i>shall +not</i> be restored, but must remain suspended until further orders. Here, +then, a party would have been punished a second time for the same offense, +and that, too, after having suffered what, at the time of his conviction, +was supposed to be a competent punishment—and without a trial, and +without the necessary opportunities of defense, again found guilty, and +his comparatively light punishment of suspension for three months changed +into a severer one, and of an indefinite period. The annals of the most +arbitrary government in the world—the history of the most despotic tyrant +that ever lived—could not show an instance of more unprincipled violation +of law and justice than this. And yet it may naturally be the result of +the doctrine, that in a sentence of definite suspension, the party can be +restored only by a vote of the lodge at the expiration of his term of +suspension. If the lodge can restore him, it can as well refuse to restore +him, and to refuse to restore him would be to inflict a new punishment +upon him for an old and atoned-for offense.</p> + +<p>On the 1st of January, for instance, A.B., having been put upon his trial, +witnesses having been examined, his defense having been heard, was found +guilty by his lodge of some offense, the enormity of which, whatever it +might be, seemed to require a suspension from Masonry for just three +months, neither more nor less. If the lodge had thought the crime still +greater, it would, of course, we presume, have decreed a suspension of +six, nine, or twelve months. But considering, after a fair, impartial, and +competent investigation of the merits of the case (for all this is to be +presumed), that the offended law would be satisfied with a suspension of +three months, that punishment is decreed. The court is adjourned <i>sine +die</i>; for it has done all that is required—the prisoner undergoes his +sentence with becoming contrition, and the time having expired, the bond +having been paid, and the debt satisfied, he is told that he must again +undergo the ordeal of another trial, before another court, before he can +reassume what was only taken from him for a definite period; and that it +is still doubtful, whether the sentence of the former court may not even +now, after its accomplishment, be reversed, and a new and more severe one +be inflicted.</p> + +<p>The analogy of a person who has been sentenced to imprisonment for a +certain period, and who, on the expiration of that period, is at once +released, has been referred to, as apposite to the case of a definite +suspension. Still more appropriately may we refer to the case of a person +transported for a term of years, and who cannot return until that term +expires, but who is at liberty at once to do so when it has expired. +"Another capital offense against public justice," says Blackstone, "is +the returning from transportation, or being seen at large in Great Britain +<i>before the expiration of the term for which the offender was sentenced to +be transported." </i> Mark these qualifying words: "before the expiration of +the term:" they include, from the very force of language, the proposition +that it is no offense to return <i>after</i> the expiration of the term. And so +changing certain words to meet the change of circumstances, but leaving +the principle unchanged, we may lay down the law in relation to +restorations from definite suspensions, as follows:</p> + +<p><i>It is an offense against the masonic code to claim the privileges of +Masonry, or to attempt to visit a lodge after having been suspended, +before the expiration of the term for which the offender was suspended</i>.</p> + +<p>Of course, it is no crime to resume these privileges after the term has +expired; for surely he must have strange notions of the powers of +language, who supposes that suspension for three months, and no more, does +not mean, that when the three months are over the suspension ceases. And, +if the suspension ceases, the person is no longer suspended; and, if no +longer suspended he is in good standing, and requires no further action to +restore him to good moral and masonic health.</p> + +<p>But it is said that, although originally only suspended for three months, +at the expiration of that period, his conduct might continue to be such as +to render his restoration a cause of public reproach. What is to be done +in such a case? It seems strange that the question should be asked. The +remedy is only too apparent. Let new charges be preferred, and let a new +trial take place for his derelictions of duty during the term of his +suspension. Then, the lodge may again suspend him for a still longer +period, or altogether expel him, if it finds him deserving such +punishment. But in the name of justice, law, and common sense, do not +insiduously and unmanfully continue a sentence for one and a former +offense, as a punishment for another and a later one, and that, too, +without the due forms of trial.</p> + +<p>Let us, in this case, go again for an analogy to the laws of the land. +Suppose an offender had been sentenced to an imprisonment of six months +for a larceny, and that while in prison he had committed some new crime. +When the six months of his sentence had expired, would the Sheriff feel +justified, or even the Judge who had sentenced him, in saying: "I will not +release you; you have guilty of another offense during your +incarceration, and therefore, I shall keep you confined six months +longer?" Certainly not. The Sheriff or the Judge who should do so +high-handed a measure, would soon find himself made responsible for the +violation of private rights. But the course to be pursued would be, to +arrest him for the new offense, give him a fair trial, and, if convicted +again, imprison or otherwise punish him, according to his new sentence, +or, if acquitted, discharge him.</p> + +<p>The same course should be pursued with a Mason whose conduct during the +period of his suspension has been liable to reproach or suspicion. Masons +have rights as well as citizens—every one is to be considered innocent +until he is proved guilty—and no one should suffer punishment, even of +the lightest kind, except after an impartial trial by his peers.</p> + +<p>But the case of an indefinite suspension is different. Here no particular +time has been appointed for the termination of the punishment. It may be +continued during life, unless the court which has pronounced it think +proper to give a determinate period to what was before indeterminate, and +to declare that on such a day the suspension shall cease, and the offender +be restored. In a case of this kind, action on the part of the lodge is +necessary to effect a restoration.</p> + +<p>Such a sentence being intended to last indefinitely—that is to say, +during the pleasure of the lodge—may, I conceive, be reversed at any +legal time, and the individual restored by a mere majority vote the of +lodge. Some authorities think a vote of two-thirds necessary; but I see no +reason why a lodge may not, in this as in other cases, reverse its +decision by a vote of a simple majority. The Ancient Constitutions are +completely silent on this and all its kindred points; and, therefore, +where a Grand Lodge has made no local regulation on the subject, we must +be guided by the principles of reason and analogy, both of which direct us +to the conclusion that a lodge may express its will, in matters +unregulated by the Constitutions, through the vote of a majority.</p> + +<p>But the restoration of an expelled Mason requires a different action. By +expulsion, as I have already said, all connection with the Order is +completely severed. The individual expelled ceases to be a Mason, so far +as respects the exercise of any masonic rights or privileges. His +restoration to the Order is, therefore, equivalent to the admission of a +profane. Having ceased on his expulsion to be a member of the lodge which +had expelled him, his restoration would be the admission of a new member. +The expelled Mason and the uninitiated candidate are to be placed on the +same footing—both are equally unconnected with the institution—the one +having never been in it, and the other having been completely discharged +from it.</p> + +<p>The rule for the admission of new members, as laid down in the Thirty-nine +Regulations, seems to me, therefore, to be applicable in this case; and +hence, I conceive that to reverse a sentence of expulsion and to restore +an expelled Mason will require as unanimous a vote as that which is +necessary on a ballot for initiation.</p> + +<p>Every action taken by a lodge for restoration must be done at a stated +communication and after due notice, that if any member should have good +and sufficient reasons to urge against the restoration, he may have an +opportunity to present them.</p> + +<p>In conclusion, the Grand Lodge may restore a suspended or expelled Mason, +contrary to the wishes of the lodge.</p> + +<p>In such case, if the party has been suspended only, he, at once, resumes +his place and functions in the lodge, from which, indeed, he had only been +temporarily dissevered.</p> + +<p>But in the case of the restoration of an expelled Mason to the rights and +privileges of Masonry, by a Grand Lodge, does such restoration restore him +to membership in his lodge? This question is an important one, and has +very generally been decided in the negative by the Grand Lodges of this +country. But as I unfortunately differ from these high authorities, I +cannot refrain, as an apology for this difference of opinion, from +presenting the considerations which have led me to the conclusion which I +have adopted. I cannot, it is true, in the face of the mass of opposing +authority, offer this conclusion as masonic law. But I would fain hope +that the time is not far distant when it will become so, by the change on +the part of Grand Lodges of the contrary decisions which they have made.</p> + +<p>The general opinion in this country is, that when a Mason has been +expelled by his lodge, the Grand Lodge may restore him to the rights and +privileges, but cannot restore him to membership in his lodge. My own +opinion, in contradiction to this, is, that when a Grand Lodge restores an +expelled Mason, on the ground that the punishment of expulsion from the +rights and privileges of Masonry was too severe and disproportioned to the +offense, it may or may not restore him to membership in his lodge. It +might, for instance, refuse to restore his membership on the ground that +exclusion from his lodge is an appropriate punishment; but where the +decision of the lodge as to the guilt of the individual is reversed, and +the Grand Lodge declares him to be innocent, or that the charge against +him has not been proved, then I hold, that it is compelled by a just +regard to the rights of the expelled member to restore him not only to the +rights and privileges of Masonry, but also to membership in his lodge.</p> + +<p>I cannot conceive how a Brother, whose innocence has been declared by the +verdict of his Grand Lodge, can be deprived of his vested rights as the +member of a particular lodge, without a violation of the principles of +justice. If guilty, let his expulsion stand; but, if innocent, let him be +placed in the same position in which he was before the passage of the +unjust sentence of the lodge which has been reversed.</p> + +<p>The whole error, for such I conceive it to be, in relation to this +question of restoration to membership, arises, I suppose, from a +misapprehension of an ancient regulation, which says that "no man can be +entered a Brother in any particular lodge, or admitted a member thereof, +without the unanimous consent of all the members"—which inherent +privilege is said not to be subject to dispensation, "lest a turbulent +member should thus be imposed upon them, which might spoil their harmony, +or hinder the freedom of their communication, or even break and disperse +the Lodge." But it should be remembered that this regulation altogether +refers to the admission of new members, and not to the restoration of old +ones—to the granting of a favor which the candidate solicits, and which +the lodge may or may not, in its own good pleasure, see fit to confer, and +not to the resumption of a vested and already acquired right, which, if it +be a right, no lodge can withhold. The practical working of this system of +incomplete restoration, in a by no means extreme case, will readily show +its absurdity and injustice. A member having appealed from expulsion by +his lodge to the Grand Lodge, that body calmly and fairly investigates the +case. It finds that the appellant has been falsely accused of an offense +which he has never committed; that he has been unfairly tried, and +unjustly convicted. It declares him innocent—clearly and undoubtedly +innocent, and far freer from any sort of condemnation than the prejudiced +jurors who convicted him. Under these circumstances, it becomes +obligatory that the Grand Lodge should restore him to the place he +formerly occupied, and reinvest him with the rights of which he has been +unjustly despoiled. But that it cannot do. It may restore him to the +privileges of Masonry in general; but, innocent though he be, the Grand +Lodge, in deference to the prejudices of his Brethren, must perpetuate a +wrong, and punish this innocent person by expulsion from his lodge. I +cannot, I dare not, while I remember the eternal principles of justice, +subscribe to so monstrous an exercise of wrong—so flagrant an outrage +upon private rights.</p> +</div></div> + +<a name="index"></a> +<div class="chapter"> +<h2>Index.</h2> + + + +<h3>A.</h3> + + +<p>Accused, to what he is entitled<br /> +Act passed in the reign of Henry VI., anno 1425<br /> + " " " it was never enforced<br /> +Actual Past Master, term defined<br /> +Adjournment, a term not recognized in Masonry<br /> + " motion for, cannot be entertained<br /> +Affiliated Masons only, can visit lodges<br /> +Affiliation, what it is<br /> + " mode of<br /> + " requires unanimity<br /> + " Master Masons only entitled to it<br /> + " rejected application for, may be renewed in other lodges<br /> + " may be made with more than one lodge<br /> +Age, qualifications of candidates as to<br /> +Appeal from Grand Master not permitted<br /> + " not to be entertained in a lodge<br /> + " cannot be taken from the chair<br /> + " doctrine of, discussed<br /> + " from the Master, must be to the Grand Lodge<br /> + " every Mason has a right to one, to the Grand Lodge<br /> + " pending one, the sentence is in abeyance<br /> +Apprentices, rights of <i>(see Entered Apprentice</i>)<br /> +Arrears, non-payment of<br /> + " to lodges, history of their origin<br /> + " do not accrue during suspension<br /> +Assembly, general-one held in 287 by St. Alban<br /> + " " " in 926 at York<br /> + " " governed the craft for nearly 800 years<br /> + " " how organized<br /> +Atheist cannot be a Mason<br /> +Authorities for masonic law</p> + + + +<h3>B.</h3> + + +<p>Balloting for candidates<br /> + every member must take a part in it<br /> + secrecy of, inviolable<br /> + must be unanimous<br /> + Mason irresponsible for it to the lodge<br /> + not disfranchised of it by non-payment of arrears<br /> + mode of<br /> +Balloting in each degree<br /> + not actually prescribed in the ancient constitutions, but implied<br /> + must be unanimous<br /> +Ballot, reconsideration of<br /> + motion for, out of order<br /> + cannot be granted by dispensation<br /> +Black ball is the bulwark of Masonry<br /> +Brother, a title to be always used in lodge<br /> +Burial, masonic, right of<br /> + must be requested except for strangers<br /> + Master Masons only entitled to it<br /> + dispensation for, not usually required<br /> +Business, order of<br /> + may be suspended at any time by the Master<br /> +By-laws must be approved and confirmed by Grand Lodge</p> + + + +<h3>C.</h3> + + +<p>Calling from labor to refreshment<br /> +Censure, a masonic punishment<br /> +Certificates, masonic<br /> +Chaplain, Grand (<i>see Grand Chaplain</i>)<br /> +Charges of accusation, how to be made<br /> +Closing lodge is at the discretion of the Master<br /> +Committee of investigation on character of candidates<br /> +Committees to be appointed by the Master<br /> + Master is chairman of, when present<br /> +Communication of a lodge, how terminated<br /> +Consecration of a lodge how performed<br /> + meaning of<br /> +Constituting a lodge, ceremony of<br /> + meaning of<br /> +Constitutions, how to be altered<br /> +" Gothic, adopted in 926,<br /> +Corn, wine, and oil, masonic elements of consecration,<br /> +" " " why elements,<br /> +Crimes, masonic,<br /> +" " definition of,<br /> +" " enumeration of</p> + + + +<h3>D.</h3> + + +<p>Deacons,<br /> +" two in each lodge,<br /> +" are appointed officers,<br /> +" not removable by Master or Senior Warden<br /> +" Grand <i>(see Grand Deacons</i>)<br /> +Dedication of a lodge, how performed<br /> +" to whom, and why,<br /> +" meaning of<br /> +Definite suspension<br /> +" " restoration from<br /> +Degrees, no candidate can receive more than two at one communication<br /> +Demitting<br /> +" right of, not denied until recently,<br /> +" regulations concerning<br /> +" of many at one time may be refused<br /> +Deputy Grand Master, duties and prerogatives of<br /> +" " office of, not very ancient<br /> +" " exercises prerogatives of Grand Master in his absence<br /> +"" cannot be more than one<br /> +"" originally appointed by Grand Master<br /> +Discussions, how to be conducted in lodge,<br /> +Dispensation what and where to be granted<br /> +"for a lodge<br /> +"" " tenure of its duration<br /> +"" " difference from a Warrant<br /> +District Deputy Grand Master, a modern invention<br /> +Dotage a disqualification of candidates<br /> +" meaning of the term<br /> +Dues to lodges, a modern usage<br /> +" non-payment of, does not disqualify from voting for candidates</p> + + + +<h3>E.</h3> + + +<p>Emergency, rule upon the subject<br /> +Entered Apprentice, rights of<br /> + formerly a member of his lodge<br /> + formerly permitted to attend the Grand Communications<br /> + may sit in a lodge of his degree<br /> + cannot speak or vote<br /> + cannot be deprived of his rights without trial<br /> + after trial may appeal to the Grand Lodge<br /> +Erasure from lodge, a masonic punishment<br /> +Evidence in masonic trials<br /> +Examination of visitors<br /> + how to be conducted<br /> +Exclusion, a masonic punishment<br /> +Executive powers of a Grand Lodge<br /> +Expulsion is masonic death<br /> +Expulsion, a masonic punishment<br /> + should be inflicted by Grand Lodge or with its approval<br /> + from higher degrees, its effect<br /> + restoration from<br /> +Extinct lodges, funds of, revert to the Grand Lodge</p> + + + +<h3>F.</h3> + + +<p>Family distressed, of a Mason, entitled to relief<br /> +Fellow Craft, rights of<br /> + they formerly constituted the great body of the Fraternity<br /> + formerly permitted to speak, but not vote<br /> +Finishing candidates of one lodge in another<br /> +Fool cannot be a Mason<br /> +Free, a candidate must be, at the time of making<br /> +Free-born, a Mason must be<br /> + reason for the rule<br /> +Funds of extinct lodges revert to the Grand Lodge</p> + + + +<h3>G.</h3> + + +<p>General Assembly. (<i>See Assembly, General.</i>)<br /> +God, belief in, a qualification of a candidate<br /> +Gothic constitutions adopted in 926<br /> +Grand Chaplain,<br /> + office established in 1775<br /> + duties of<br /> +Grand Deacons<br /> + office more ancient than Oliver supposes<br /> + duties of<br /> + how appointed<br /> +Grand Lodge held in 1717<br /> + mode of organizing one<br /> + three lodges necessary to organize one<br /> + dormant may be revived if a Grand Officer remains,<br /> + all the Craft formerly members of<br /> + Masters and Wardens of lodges are members<br /> + Grand Officers are also members<br /> + Past Masters are not members by inherent right<br /> + its powers and prerogatives<br /> + may make new regulations<br /> + must observe the landmarks<br /> +Grand Lodges, historical sketch of<br /> + are comparatively modern institutions<br /> +Grand Marshal<br /> + appointed by the Grand Master<br /> + duties of<br /> +Grand Master, duties and prerogatives of<br /> + office of has existed since the origin of Masonry<br /> + an elective officer<br /> + by whom to be installed<br /> + prerogatives of, derived from two sources<br /> + no appeal from his decision<br /> + may convene Grand Lodge when he chooses<br /> + entitled to two votes<br /> + how to be punished<br /> + may grant dispensations<br /> +Grand Master may make Masons at sight<br /> + may constitute new lodges<br /> + cannot dispense with requisite forms in making Masons<br /> + his own lodge cannot exercise jurisdiction over him<br /> +Grand Pursuivant<br /> +Grand Secretary<br /> + office of established in 1723<br /> + duties of<br /> +Grand Secretary, may appoint an assistant<br /> +Grand Stewards<br /> + " " first mentioned in 1721<br /> + " " duties of<br /> + " " appointed by Junior Grand Warden<br /> +Grand Stewards' Lodge<br /> +Grand Sword-Bearer<br /> + " " duties of<br /> + " " office of, constituted in 1731<br /> +Grand Tiler<br /> +" " office of, must have existed from the earliest times<br /> +" " must not be a member of the Grand Lodge<br /> +" " sometimes appointed, and sometimes elected<br /> +Grand Treasurer<br /> +" " office of, established in 1724<br /> +" " duties of<br /> +" " has always been elected<br /> +Grand Wardens<br /> +" " originally appointed by the Grand Master<br /> +" " succeed the Grand Master and Deputy</p> + + + +<h3>H.</h3> + + +<p>Heresy not a masonic crime<br /> +Higher degrees, effect of expulsion from<br /> +Historical sketch</p> + + + +<h3>I.</h3> + + +<p>Idiot cannot be made a Mason<br /> +Impostor, how to be treated in examination<br /> +Incompetent witnesses, who they are<br /> +Indefinite suspension<br /> +" " restoration from<br /> +Innovations cannot be made in the body of Masonry<br /> +Insanity, if perfectly cured, no disqualification of a candidate<br /> +Installation<br /> + " whence the term derived<br /> + " necessary to legal existence of an officer<br /> + " of a Master of a lodge<br /> + " of the Grand Master<br /> +Instruction of representatives, right of, is vested in a lodge<br /> +Investigation of character must be by a committee<br /> +Irreligious libertine cannot be a Mason<br /> + " " definition of the term</p> + + + +<h3>J.</h3> + + +<p>Judicial powers of a Grand Lodge,<br /> +Junior Grand Warden<br /> +Junior Warden,<br /> + " " presides in absence of Master and Senior Warden,<br /> + " " does not take the West in absence of Senior Warden,<br /> + " " presides over the craft during refreshment<br /> + " " appoints the stewards<br /> +Jurisdiction of a lodge<br /> + " geographical or personal<br /> + " is over all its members<br /> + " " " unaffiliated Masons in its vicinity<br /> + " cannot extend beyond State lines,<br /> + " none over its Master</p> + + + +<h3>K.</h3> + + +<p>Knowledge of reading and writing necessary to a Mason</p> + + + +<h3>L.</h3> + + +<p>Labor, calling from, to refreshment<br /> +Landmarks, what they are,<br /> + " ritual and legislative<br /> + " must be observed by the Grand Lodge<br /> +Law of Grand Lodges<br /> + " subordinate lodges<br /> + " individuals<br /> +Lawful information, what it is<br /> +Laws, how to be interpreted<br /> + " of Masonry are of two kinds—written and unwritten<br /> + " written, whence derived<br /> + " unwritten, whence derived<br /> + " " same as ancient usage<br /> +Legislative powers of a Grand Lodge<br /> +Libertine, irreligious, cannot be a Mason<br /> + meaning of the term<br /> +Lodge, subordinate<br /> + definition of<br /> + how organized<br /> + must have been congregated by some superior authority<br /> +Lodge, under dispensation<br /> + definition of<br /> + generally precedes a warranted lodge<br /> + how formed<br /> + cannot make by-laws<br /> + cannot elect officers<br /> + cannot install officers<br /> + cannot elect members<br /> +Lodge, warranted<br /> + its powers and rights<br /> + must be consecrated<br /> + must be dedicated<br /> + must be constituted<br /> + its officers must be installed<br /> + ceremony of installation in<br /> + its powers are inherent in it<br /> + its reserved rights are secured by the regulations<br /> + an assembly of the craft in their primary capacity<br /> + may select its own members<br /> + elects its own officers<br /> + what officers of, are elected in England<br /> + may install its officers<br /> + Master of, must be installed by a past Master<br /> + may be represented in the Grand Lodge<br /> + representatives of<br /> + may instruct its representatives<br /> + may frame by-laws<br /> + may suspend or exclude a member<br /> + may declare a member expelled, the sentence to be approved by the Grand Lodge<br /> + may levy annual contributions<br /> + may select its name<br /> + cannot select its number<br /> + duties of<br /> + cannot alter the ritual<br /> + must elect officers at a particular time<br /> +Lodge, warranted, cannot interfere with business of another lodge<br /> + " " cannot initiate without previous notice<br /> + " " cannot confer more than two degrees on the same candidate at one time<br /> + " " cannot make more than five new Brothers at the same time<br /> + " " must meet once a month<br /> + " " neglecting to meet forfeits its warrant<br /> + " " cannot remove from the town, without the consent of the Grand Lodge<br /> + " " may remove from one part of the town to another, under restrictions<br /> + " " officers of</p> + + + +<h3>M.</h3> + + +<p>Madmen cannot be Masons<br /> +Maims, how far disqualifying candidates<br /> + " reason for the rule relating to<br /> +Mass meeting of the craft cannot organize a Grand Lodge<br /> +Master, Grand. <i>(See Grand Master</i>.)<br /> +Master Mason, rights of<br /> + " " becomes a member by signing the by-laws<br /> + " " how this right is forfeited<br /> + " " may apply to any lodge for membership<br /> + " " to whom subject for discipline<br /> + " " may speak and vote on all questions<br /> + " " may hold any office to which elected<br /> + " " but to serve as Master must have been a Warden<br /> + " " may appeal to the Grand Lodge<br /> + " " may visit any lodge, after examination<br /> +Master of a lodge<br /> + " " " must have previously served as Warden<br /> + " " " must see Grand Lodge regulations enforced<br /> + " " " must be installed by a Past Master<br /> + " " " has the warrant in charge<br /> + " " " may call special meetings of his lodge<br /> + " " " may close his lodge at any time<br /> + " " " presides over business as well as labor<br /> + " " " is supreme in his lodge<br /> +Master of a lodge, no appeal from his decision except to Grand<br /> +Lodge<br /> + moral qualifications of<br /> + intellectual qualifications of<br /> + who is to judge of them<br /> + is a member of the Grand Lodge<br /> + may exclude a member temporarily<br /> +Membership, right of<br /> +Members of Grand Lodge are Masters and Wardens with the Grand Officers<br /> +Minutes, when to be read<br /> + how to be amended<br /> + not to be read at special communications<br /> + formula for keeping<br /> +Moral law, what it is<br /> + a Mason must obey it<br /> +Motions, when to be entertained</p> + + + +<h3>N.</h3> + + +<p>Name of a lodge to be selected by itself<br /> +Non-residents, initiation of<br /> +Number of a lodge regulates its precedency<br /> + of candidates to be initiated at one communication</p> + + + +<h3>O.</h3> + + +<p>Office, can be vacated only by death, removal, or expulsion<br /> + not vacated by suspension<br /> +Officers of a Grand Lodge<br /> + subordinate lodge<br /> + warranted lodge must be installed<br /> + how to be installed<br /> + time of election determined by Grand Lodge<br /> + elected annually<br /> + vacancies in, how to be supplied<br /> + cannot resign<br /> +Order, rules of<br /> + whence derived</p> + + + +<h3>P.</h3> + + +<p>Parliamentary law not applicable to Masonry<br /> +Past Masters<br /> + rights of<br /> + not members of the Grand Lodge by inherent right<br /> + may install their successors<br /> + of two kinds—actual and virtual<br /> + may preside in a lodge<br /> + eligible to election to the chair<br /> + entitled to a seat in the East<br /> + eligible to be elected Deputy Grand Master, or Grand Warden<br /> + virtual, cannot be present at installing a Master<br /> +Penal jurisdiction of a lodge<br /> +Perfect youth, meaning of the term<br /> +Perfection, physical, why required of a candidate<br /> +Petition of candidate<br /> + must be read at a regular communication<br /> + referred to a committee of three<br /> + reported on at next regular communication<br /> + report on, cannot be made at a special communication<br /> + renewal of, in case of rejection<br /> + how to be renewed, if rejected<br /> + for advancement to a higher degree<br /> + if rejected, how to be renewed<br /> +Petitioners, not less than seven to form a lodge<br /> + what they must set forth<br /> + must be recommended by nearest lodge<br /> +Political offenses not cognizable by a lodge<br /> +Political qualifications of candidates<br /> +Postponed business, when to be called up<br /> +Precedency of lodges, regulated by their numbers<br /> +Presiding in a lodge, who has the right of<br /> + officer, has the prerogatives of the Master, for the time<br /> +Previous question, unknown in Masonry<br /> +Probation of candidates<br /> + for initiation<br /> + for advancement<br /> +Proceedings of a regular communication cannot be amended at a special one<br /> +Profanes, testimony of, how to be taken in trials<br /> +Proficiency of candidates<br /> +Proficiency of candidates, must be suitable<br /> +Punishments, masonic<br /> +Pursuivant, a title equivalent to Sword-Bearer</p> + + + +<h3>Q.</h3> + + +<p>Qualifications of a Master of a lodge<br /> + of candidates,<br /> + moral<br /> + religious<br /> + physical<br /> + intellectual<br /> + political, 184<br /> +Quarterly communications of Grand Lodge, ordered in 1717<br /> +Question, how to be taken on a motion</p> + + + +<h3>R.</h3> + + +<p>Reading, a qualification of candidates<br /> +Recommendation of nearest lodge, necessary to form a new one<br /> + of candidate, must be by two members<br /> +Reconsideration of ballot<br /> + motion for, is out of order,<br /> + cannot be granted by dispensation<br /> +Rejected candidate cannot apply to any other lodge<br /> + renewed petition of, when to be made,<br /> +Relief, right of claiming it<br /> + unworthy Masons not entitled to it<br /> +Religion of a Mason, what it is required to be<br /> +Religious offenses not cognizable by a lodge<br /> +Removal of a lodge, rule on the subject of<br /> +Representatives of a lodge, who they are<br /> +Reprimand, a masonic punishment<br /> +Restoration<br /> + from definite suspension<br /> + indefinite supension<br /> + expulsion<br /> + must be at a stated communication<br /> + may be by Grand Lodge<br /> + requires a unanimous vote<br /> + to membership discussed</p> + + + +<h3>S.</h3> + + +<p>Secretary, Grand. (<i>See Grand Secretary.</i>)<br /> + of a lodge<br /> + his duty<br /> + is a recording, corresponding, and receiving officer<br /> + is a check upon the treasurer<br /> + often receives compensation<br /> + in case of death, or expulsion, a successor may be elected<br /> + but not in case of removal, or sickness<br /> +Senior Grand Warden. (<i>See Grand Wardens.</i>)<br /> +Senior Warden<br /> + presides in absence of Master<br /> + may invite a Past Master to preside<br /> + presides over the craft during labor<br /> + appoints the Junior Deacon<br /> +Sentence in trials, how to be obtained<br /> + —— is in abeyance pending an appeal<br /> +Stewards, Grand. (<i>See Grand Stewards.</i>)<br /> + of a lodge<br /> + appointed by Junior Warden<br /> + duties of<br /> + not removable by Junior Warden<br /> +Stranger, initiation of<br /> +Suspension<br /> + definite<br /> + indefinite<br /> +Sword Bearer, Grand. (<i>See Grand Sword Bearer.</i>)</p> + + + +<h3>T.</h3> + + +<p>Testimony, how to be taken on masonic trials<br /> +Tiler, Grand. (<i>See Grand Tiler.</i>)<br /> + of a lodge<br /> + office existed from beginning of the institution<br /> + no lodge can be without one<br /> + must be a worthy Master Mason<br /> + if a member, the office does not disfranchise him<br /> + when voting, Junior Deacon takes his place<br /> + may be removed for misconduct<br /> +Tiler's obligation, form of it<br /> +Transient persons, initiation of<br /> +Treasurer, Grand. <i>(See Grand Treasurer</i>.)<br /> + " " of a lodge<br /> + " " duties of<br /> + " " is the only banker of the lodge<br /> + " " is a disbursing officer<br /> + " " a Brother of worldly substance usually selected<br /> + " " in case of death, a successor may be elected<br /> + " " but not in case of sickness, or removal<br /> +Trials, masonic<br /> + " " form of<br /> + " " evidence in</p> + + +<h3>U.</h3> + + +<p>Unaffiliated Masons<br /> + " " tax sometimes levied on<br /> + " " position, rights, and duties of<br /> +Unaffiliation, contrary to the spirit of Masonry<br /> + " effect of, on a Mason<br /> +Unanimity in the ballot required by the ancient constitutions<br /> +Uneducated candidates not forbidden by positive enactment<br /> + " " their admission opposed to the spirit of the institution</p> + + +<h3>V.</h3> + + +<p>Virtual Past Masters, who they are<br /> +Visit, right of<br /> + " only affiliated Mason entitled to it<br /> + " must be preceded by an examination<br /> + " requires a certificate to insure it<br /> +Visitors, examination of, described<br /> + " must take the Tiler's obligation<br /> +Voting must always be by a show of hands<br /> +Voting in trials, obligatory on all members present<br /> +Voucher must be a competent Mason<br /> +Vouching for a visitor</p> + + + +<h3>W.</h3> + + +<p>Wardens, Grand. (<i>See Grand Wardens.</i>)<br /> + of a lodge are assistants of the Master<br /> + entitled to membership in Grand Lodge<br /> +Warden, Senior. (<i>See Senior Warden.</i>)<br /> +Warden, Junior. (<i>See Junior Warden.</i>)<br /> +Warrant of constitution<br /> + what it is<br /> + its difference from a dispensation<br /> + can be revoked only by the Grand Lodge<br /> + confers powers of installation and succession<br /> + not necessary before 1717<br /> + cannot be resigned by a majority of the lodge<br /> +Warranted lodges. (<i>See Lodges, Warranted.</i>)<br /> +Witnesses in masonic trials, qualifications of<br /> + definition of incompetent ones<br /> +Woman cannot be made a Mason<br /> +Writing, a qualification of candidates</p> + + + +<h3>Y.</h3> + + +<p>Yeas and nays, calling for, unmasonic<br /> +Young man under age cannot be made a Mason<br /> +Youth, perfect, meaning of the term<br /></p> +</div> + + +<div class="chapter" id="footnotes"> +<h2>Footnotes</h2> + + + +<div id="fn1"><p>1. They will be found in Oliver's edition of Preston, p. 71, note, +(U.M.L., vol. iii., p. 58), or in the American edition by Richards, +Appendix i., note 5.</p></div> + +<div id="fn2"><p>2. Found in Ol. Preston, n. 3 (p. 162. U.M.L., vol. iii., p. 134).</p></div> + +<div id="fn3"><p>3. In all references to, or citations from, Anderson's Constitutions, I +have used, unless otherwise stated, the first edition printed at London in +1723—a fac simile of which has recently been published by Bro. John W. +Leonard, of New York. I have, however, in my possession the subsequent +editions of 1738, 1755, and 1767, and have sometimes collated them +together.</p></div> + +<div id="fn4"><p>4. The Gothic Constitutions are that code of laws which was adopted by +the General Assembly at York, in the year 926. They are no longer extant, +but portions of them have been preserved by Anderson, Preston, and other +writers.</p></div> + +<div id="fn5"><p>5. Preston, book iv., sec, 2., p. 132, n. (U.M.L.,vol. iii., p. 109).</p></div> + +<div id="fn6"><p>6. General Regulations, art. xxxix.</p></div> + +<div id="fn7"><p>7. Chancellor Walworth, in his profound argument on the New York +difficulties, asserted that this fact "does not distinctly appear, +although it is, pretty evident that all voted."—p. 33. The language of +Anderson does not, however, admit of a shadow of a doubt. "The Brethren," +he says, "by a majority of hands, elected," &c.</p></div> + +<div id="fn8"><p>8. Opinion of Chancellor Walworth upon the questions connected with the +late masonic difficulties in the State of New York, p. 37. There is much +historical learning displayed in this little pamphlet.</p></div> + +<div id="fn9"><p>9. Preston, p. 131, n., Oliver's Edit. (U.M.L., vol. iii.,p. 109).</p></div> + +<div id="fn10"><p>10. Of the thirty-six Grand Masters who have presided over the craft in +England since the revival of Masonry in 1717, thirty have been noblemen, +and three princes of the reigning family.</p></div> + +<div id="fn11"><p>11. Article xxxiv.</p></div> + +<div id="fn12"><p>12. His most important prerogatives are inherent or derived from ancient +usage.</p></div> + +<div id="fn13"><p>13. Proceedings G.L. Maryland, 1849, p. 25.</p></div> + +<div id="fn14"><p>14. Art. xxxix.</p></div> + +<div id="fn15"><p>15. The word "time" has been interpreted to mean <i>communication</i>.</p></div> + +<div id="fn16"><p>16. And this is not because such past officer has an inherent right to +the mastership, but because as long as such an one is present and willing +to serve, there does not exist such an emergency as would authorize a +dispensation of the law.</p></div> + +<div id="fn17"><p>17. What further concerns a lodge under dispensation is referred to a +special chapter in a subsequent part of the work.</p></div> + +<div id="fn18"><p>18. It is well known, although it cannot be quoted as authority, that the +Athol Constitutions expressly acknowledged the existence of this +prerogative. See Dermott's Ahiman Rezon.</p></div> + +<div id="fn19"><p>19. Book of Constitutions, edit. 1767, p. 222.</p></div> + +<div id="fn20"><p>20. Book of Const., p. 233.</p></div> + +<div id="fn21"><p>21. Book of Const., p. 313.</p></div> + +<div id="fn22"><p>22. Book of Constitutions, p. 319.</p></div> + +<div id="fn23"><p>23. Preston, p. 237, ed. 1802, (U.M.L., vol. iii., p. 223).</p></div> + +<div id="fn24"><p>24. Book of Constitutions, p. 247</p></div> + +<div id="fn25"><p>25. The existence of this prerogative is denied by the Grand Lodges of +Missouri, Tennessee, Louisiana, and Massachusetts, while it is admitted by +those of New York, Kentucky, North Carolina, South Carolina, Wisconsin, +Vermont, Mississippi, Ohio, New Hampshire, Maryland, Indiana, Texas and +Florida; in the last two, however, subject to limitation.</p></div> + +<div id="fn26"><p>26. That is, the one who has longest been a Freemason.</p></div> + +<div id="fn27"><p>27. Book of the Lodge, p. 115 (U.M.L., vol. i., book 2, p. 78).</p></div> + +<div id="fn28"><p>28. It was abolished in New York in 1854.</p></div> + +<div id="fn29"><p>29. This is a small chest or coffer, representing the ark of the +covenant, and containing the three great lights of Masonry.</p></div> + +<div id="fn30"><p>30. "What man is there that hath a new house and hath not dedicated it? +Let him go and return to his house, lest he die in the battle and another +man dedicate it." Deut. xx. 5.</p></div> + +<div id="fn31"><p>31. De Syned. Vet. Ebræor., 1. iii., c. xiv., § 1.</p></div> + +<div id="fn32"><p>32. Cicero, Brut. i.</p></div> + +<div id="fn33"><p>33. See such a form of Dispensation in Cole's Masonic Library, p. 91.</p></div> + +<div id="fn34"><p>34. Preston, Append., n. 4 (U.M.L., vol. iii., pp. 150, 151).</p></div> + +<div id="fn35"><p>35. Book of Constitutions, orig. ed, p., 70 (U.M.L., vol. xv., book 1, p. +70).</p></div> + +<div id="fn36"><p>36. General Regulations of 1722. A subsequent regulation permitted the +election of a candidate, if there were not more than three black balls +against him, provided the lodge desired such a relaxation of the rule. The +lodges of this country, however, very generally, and, as I think, with +propriety, require unanimity. The subject will be hereafter discussed.</p></div> + +<div id="fn37"><p>37. Every lodge shall annually elect its Master and Treasurer by ballot. +Such Master having been regularly appointed and having served as Warden of +a warranted lodge for one year. <i>Constitutions of the Ancient Fraternity +of Free and Accepted Masons, published by authority of the United Grand +Lodge of England</i>, 1847, <i>p</i>. 58 (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn38"><p>38. The Wardens, or officers, of a lodge cannot be removed, unless for a +cause which appears to the lodge to be sufficient; but the Master, if he +be dissatisfied with the conduct of any of his officers, may lay the cause +of complaint before the lodge; and, if it shall appear to the majority of +the Brethren present that the complaint be well founded, he shall have +power to displace such officer, and to nominate another. <i>English +Constitutions, as above, p.</i> 80 (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn39"><p>39. It is not necessary that he should be a Past Master of the lodge.</p></div> + +<div id="fn40"><p>40. No master shall assume the Master's chair, until he shall have been +regularly installed, though he may in the interim rule the lodge. <i>English +Constitutions</i> (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn41"><p>41. Every Warranted Lodge is a constituent part of the Grand Lodge, in +which assembly all the power of the fraternity resides. <i>English +Constitutions, p</i>. 70 (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn42"><p>42. We shall not here discuss the question whether Past Masters are +members of the Grand Lodge, by inherent right, as that subject will be +more appropriately investigated when we come to speak of the Law of Grand +Lodges, in a future chapter. They are, however clearly, not the +representatives of their lodge.</p></div> + +<div id="fn43"><p>43. Preston, p. 167 (U.M.L., vol. iii., p. 151).</p></div> + +<div id="fn44"><p>44. General Regulations. Of the duty of members, Art. X, (U.M.L., vol. +xv., book 1, p. 61).</p></div> + +<div id="fn45"><p>45. English Constitutions, p. 59 (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn46"><p>46. In selecting the name, the modern Constitutions of England make the +approbation of the Grand Master or Provincial Grand Master necessary.</p></div> + +<div id="fn47"><p>47. Such is the doctrine of the modern English Constitutions.</p></div> + +<div id="fn48"><p>48. "No Brother can be a Warden until he has passed the part of a Fellow +Craft; nor a Master until he has acted as a Warden."—<i>Old Charges</i>, IV. +(U.M.L., vol. xv., book 1, p. 52).</p></div> + +<div id="fn49"><p>49. Regulations on Installation of a Master, No. III. Preston, p. 74 +(U.M.L., vol. iii., p. 61).</p></div> + +<div id="fn50"><p>50. Hats. quoted in Jefferson, p. 14.</p></div> + +<div id="fn51"><p>51. One of the ancient charges, which Preston tells us that it was the +constant practice of our Ancient Brethren to rehearse at the opening and +closing of the lodge, seems to refer to this rule, when it says, "the +Master, Wardens, and Brethren are just and faithful, and <i>carefully finish +the work they begin</i>."—Oliver's Preston, p. 27, <i>note</i> (U.M.L., vol. +iii., p. 22).</p></div> + +<div id="fn52"><p>52. Proceedings of G.L. of Tennessee, 1850. Appendix A, p. 8.</p></div> + +<div id="fn53"><p>53. Book of Constitutions, edition of 1755, p. 282.</p></div> + +<div id="fn54"><p>54. If it is an extra communication, this item of the transaction is, of +course, omitted, for minutes are only to be confirmed at regular +communications.</p></div> + +<div id="fn55"><p>55. Oliver's Preston, p. 163, note (U.M.L., vol. iii., p. 135).</p></div> + +<div id="fn56"><p>56. Such is the provision in the modern constitutions of England, but the +4th of the 39 Regulations required the candidate to be at least +twenty-five.</p></div> + +<div id="fn57"><p>57. See these regulations in Preston, p. 162, Oliver's ed. (U.M.L., vol. +iii., p. 135).</p></div> + +<div id="fn58"><p>58. Oliver's Preston, p. 72, (U.M.L., vol. iii., p. 59).</p></div> + +<div id="fn59"><p>59. Blackstone, Com. I., Introd., § 2.</p></div> + +<div id="fn60"><p>60. In an able report on this subject, in the proceedings of the Grand +Lodge of Georgia for 1852. In accordance with the views there expressed, +Bro. Rockwell decided officially, as District Deputy Grand Master, in +1851, that a man who had lost one eye was not admissible.</p></div> + +<div id="fn61"><p>61. Potter, 184.</p></div> + +<div id="fn62"><p>62. Page 18. In December, 1851, the Committee of Correspondence of North +Carolina, unregardful of the rigid rule of their predecessors, decided +that maimed candidates might be initiated, "provided their loss or +infirmity will not prevent them from making full proficiency in Masonry."</p></div> + +<div id="fn63"><p>63. Proceedings of the G.L. of Mo. for 1823, p. 5. The report and +resolution were on the petitions of two candidates to be initiated, one +with only one arm, and the other much deformed in his legs.</p></div> + +<div id="fn64"><p>64. When the spirit of expediency once begins, we know not where it will +stop. Thus a blind man has been initiated in Mississippi, and a one-armed +one in Kentucky; and in France a few years since, the degrees were +conferred by sign-language on a deaf mute!</p></div> + +<div id="fn65"><p>65. Namely, the incorrectly presumed operative origin of the Order. The +whole of this report, which is from the venerable Giles F. Yates, contains +an able and unanswerable defense of the ancient law in opposition to any +qualification.</p></div> + +<div id="fn66"><p>66. See proceedings of New York, 1848, pp. 36, 37.</p></div> + +<div id="fn67"><p>67. Such is the formula prescribed by the Constitutions of England as +well as all the Monitors in this country.</p></div> + +<div id="fn68"><p>68. See Mackey's Lexicon of Freemasonry, 3d Edit., art, <i>Ballot</i>.</p></div> + +<div id="fn69"><p>69. Book of Constitutions. Edit. 1755, p. 312.</p></div> + +<div id="fn70"><p>70. See Mackey's Lexicon of Freemasonry, 3d Edit., art. <i>Ballot</i></p></div> + +<div id="fn71"><p>71. Except when there is but one black ball, in which case the matter +lies over until the next stated meeting. See preceding Section.</p></div> + +<div id="fn72"><p>72. Masonry founded on Scripture, a Sermon preached in 1752, by the Rev. +W. Williams.</p></div> + +<div id="fn73"><p>73. That is, advance him, from the subordinate position of a serving man +or Apprentice, to that of a Fellow Craft or journeyman.</p></div> + +<div id="fn74"><p>74. This is also the regulation of the Grand Lodge of South Carolina.</p></div> + +<div id="fn75"><p>75. Proceedings of Grand Lodge of New York, for 1845. He excepts, of +course, from the operation of the rule, those made by dispensation; but +this exception does not affect the strength of the principle.</p></div> + +<div id="fn76"><p>76. Preston, edition of Oliver, p. 12 (U.M.L., vol. iii., p. 10).</p></div> + +<div id="fn77"><p>77. Transactions of the G.L. of New York, anno 1848, p. 73.</p></div> + +<div id="fn78"><p>78. Edition of 1723, page 71 (U.M.L., vol. xv., book 1, p. 71).</p></div> + +<div id="fn79"><p>79. Preston, p. 48 (U.M.L., vol, iii., p. 40).</p></div> + +<div id="fn80"><p>80. Const. New York, 1854, p. 13. The Constitutions of the Grand Lodge of +England (p. 64) have a similar provision; but they require the Brother to +express his wish for membership on the day of his initiation.</p></div> + +<div id="fn81"><p>81. Preston, Oliver's Ed., p. 71, <i>note</i> (U.L.M., vol. iii., p. 60).</p></div> + +<div id="fn82"><p>82. See Oliver, note in Preston, p. 75 (U.M.L., vol. iii, p. 61).</p></div> + +<div id="fn83"><p>83. Oliver's Preston, p. 162 (U.M.L., vol. iii., p. 135.)</p></div> + +<div id="fn84"><p>84. See Anderson's Const., 3d Edit., 1755, page 303.</p></div> + +<div id="fn85"><p>85. Preston, Oliver's Edit., p. 89 (U.M.L., vol. iii., p. 72).</p></div> + +<div id="fn86"><p>86. Preston, Oliver's Edit" p. 90 (U.M.L., vol. iii., p. 73).</p></div> + +<div id="fn87"><p>87. Book I., chap. iii.</p></div> + +<div id="fn88"><p>88. Proceedings of Louisiana, an. 1852.</p></div> + +<div id="fn89"><p>89. Preston, Oliver's Edit., p. 76 (U.M.L., vol. iii, p. 62).</p></div> + +<div id="fn90"><p>90. Ibid</p></div> + +<div id="fn91"><p>91. See Mackey's Lexicon of Freemasonry, <i>in voce</i>.</p></div> + +<div id="fn92"><p>92. Constitutions, Second Edition of 1738, p. 154.</p></div> + +<div id="fn93"><p>93. Proceedings for 1853.</p></div> + +<div id="fn94"><p>94. Proceedings for 1847.</p></div> + +<div id="fn95"><p>95. The right to visit is restricted to once, by many Grand Lodges to +enable him to become acquainted with the character of the lodge before he +applies for membership.</p></div> + +<div id="fn96"><p>96. Blackstone, Introd., § i.</p></div> + +<div id="fn97"><p>97. For so we should interpret the word "honeste."</p></div> + +<div id="fn98"><p>98. I have treated this subject of expulsion so fully in my "Lexicon of +Freemasonry," and find so little more to say on the subject, that I have +not at all varied from the course of argument, and very little from the +phraseology of the article in that work.</p></div> + +<div id="fn99"><p>99. In England, ejection from a membership by a subordinate lodge is +called "exclusion," and it does not deprive the party of his general +rights as a member of the fraternity.</p></div> + +<div id="fn100"><p>100. Lexicon of Freemasonry.</p></div> + +<div id="fn101"><p>101. Phillips, on Evidence, p. 3.</p></div> + +<div id="fn102"><p>102. 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Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..fbbca1f --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #12186 (https://www.gutenberg.org/ebooks/12186) diff --git a/old/12186-0.txt b/old/12186-0.txt new file mode 100644 index 0000000..9e30e52 --- /dev/null +++ b/old/12186-0.txt @@ -0,0 +1,8579 @@ +Project Gutenberg's The Principles of Masonic Law, by Albert G. Mackey + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Principles of Masonic Law + A Treatise on the Constitutional Laws, Usages And Landmarks of + Freemasonry + + +Author: Albert G. Mackey + +Release Date: April 28, 2004 [EBook #12186] + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE PRINCIPLES OF MASONIC LAW *** + + + + +Produced by Distributed Proofreaders + + + + +The Principles of Masonic Law: + +A Treatise on the Constitutional Laws, Usages And Landmarks of +Freemasonry, + +By + +Albert G. Mackey, M.D., + +Author of + +"The Lexicon of Freemasonry," "The Mystic Tie," "Legends and Traditions of +Freemasonry," Etc., Etc., + +Grand Lecturer and Grand Secretary of The Grand Lodge of South Carolina; +Secretary General of the Supreme Council of the Ancient and Accepted Rite +for the Southern Jurisdiction of the United States, Etc., Etc., Etc. + + "Est enim unum jus, quo devincta est hominum societas, quod lex + constituit una; quæ lex est recta ratio imperandi atque prohibendi, + quam qui ignorat is est injustus." + + Cicero de Legibus. c. XV. + +New York: +Jno. W. Leonard & Co., Masonic Publishers, +383 Broadway. + +1856. + + + +Entered, according to Act of Congress, in the year 1855, by Jno. W. +Leonard & Co., + +In the Clerk's Office of the District Court of the United States for the +Southern District of New York. + + + + +To + +Brother J.J.J. Gourgas, + +Sovereign Grand Inspector General in the Supreme Council for the Northern +Jurisdiction of the United States, + +I Dedicate This Work, + +As a Slight Testimonial of My Friendship and Esteem for Him +As a Man, +And of My Profound Veneration for His Character +As a Mason; +Whose Long and Useful Life Has Been Well Spent in the +Laborious Prosecution of the Science, +And the Unremitting Conservation of the Principles of Our +Sublime Institution. + + + +Table of Contents + + + +Preface +Introduction + + +Book First. The Law of Grand Lodges. + +Chapter I. Historical Sketch. +Chapter II. Of the Mode of Organizing Grand Lodges. +Chapter III. Of the Members of a Grand Lodge. +Chapter IV. Of the Officers of a Grand Lodge. + Section I. Of the Grand Master. + Section II. The Deputy Grand Master. + Section III. Of the Grand Wardens. + Section IV. Of the Grand Treasurer. + Section V. Of the Grand Secretary. + Section VI. Of the Grand Chaplain. + Section VII. Of the Grand Deacons. + Section VIII. Of the Grand Marshal. + Section IX. Of the Grand Stewards. + Section X. Of the Grand Sword-Bearer. + Section XI. Of the Grand Tiler. +Chapter V. Of the Powers and Prerogatives of a Grand Lodge. + Section I. General View. + Section II. Of the Legislative Power of a Grand Lodge. + Section III. Of the Judicial Power of a Grand Lodge. + Section IV. Of the Executive Power of a Grand Lodge. + + +Book Second. Laws of Subordinate Lodges. + +Chapter I. Of the Nature and Organization of Subordinate Lodges. +Chapter II. Of Lodges under Dispensation. +Chapter III. Of Lodges Working under a Warrant of Constitution. +Chapter IV. Of the Officers of a Subordinate Lodge. + Section I. Of the Officers in General. + Section II. Of the Worshipful Master. + Section III. Of the Wardens. + Section IV. Of the Treasurer. + Section V. Of the Secretary. + Section VI. Of the Deacons. + Section VII. Of the Stewards. + Section VIII. Of the Tiler. +Chapter V. Of Rules of Order. + Section I. Of the Order of Business. + Section II. Of Appeals from the Decision of the Chair. + Section III. Of the Mode of Taking the Question. + Section IV. Of Adjournments. + Section V. Of the Appointment of Committees. + Section VI. Of the Mode of Keeping the Minutes. + + +Book Third. The Law of Individuals. + +Chapter I. Of the Qualifications of Candidates. + Section I. Of the Moral Qualifications of Candidates. + Section II. Of the Physical Qualifications of Candidates. + Section III. Of the Intellectual Qualifications of Candidates. + Section IV. Of the Political Qualifications of Candidates. + Section V. Of the Petition of Candidates for Admission, and the + Action Thereon. + Section VI. Of Balloting for Candidates. + Section VII. Of the Reconsideration of the Ballot. + Section VIII. Of the Renewal of Applications by Rejected Candidates. + Section IX. Of the Necessary Probation and Due Proficiency of + Candidates before Advancement + Section X. Of Balloting for Candidates in each Degree. + Section XI. Of the Number to be Initiated at one Communication. + Section XII. Of Finishing the Candidates of one Lodge in another. + Section XIII. Of the Initiation of Non-residents. +Chapter II. Of the Rights of Entered Apprentices. +Chapter III. Of the Rights of Fellow Crafts. +Chapter IV. Of the Rights of Master Masons. + Section I. Of the Right of Membership. + Section II. Of the Right of Visit. + Section III. Of the Examination of Visitors. + Section IV. Of Vouching for a Brother. + Section V. Of the Right of Claiming Relief. + Section VI. Of the Right of Masonic Burial. +Chapter V. Of the Rights of Past Masters. +Chapter VI. Of Affiliation. +Chapter VII. Of Demitting. +Chapter VIII. Of Unaffiliated Masons. + + +Book Fourth. Of Masonic Crimes and Punishments. + +Chapter I. Of What Are Masonic Crimes. +Chapter II. Of Masonic Punishments. + Section I. Of Censure. + Section II. Of Reprimand. + Section III. Of Exclusion from the Lodge. + Section IV. Of Definite Suspension. + Section V. Of Indefinite Suspension. + Section VI. Of Expulsion. +Chapter III. Of Masonic Trials. + Section I. Of the Form of Trial. + Section II. Of the Evidence in Masonic Trials. +Chapter IV. Of the Penal Jurisdiction of a Lodge. +Chapter V. Of Appeals. +Chapter VI. Of Restoration. + + +Index. +Footnotes. + + + + +Preface. + + + +In presenting to the fraternity a work on the Principles of Masonic Law, +it is due to those for whom it is intended, that something should be said +of the design with which it has been written, and of the plan on which it +has been composed. It is not pretended to present to the craft an +encyclopedia of jurisprudence, in which every question that can possibly +arise, in the transactions of a Lodge, is decided with an especial +reference to its particular circumstances. Were the accomplishment of such +an herculean task possible, except after years of intense and unremitting +labor, the unwieldy size of the book produced, and the heterogeneous +nature of its contents, so far from inviting, would rather tend to +distract attention, and the object of communicating a knowledge of the +Principles of Masonic Law, would be lost in the tedious collation of +precedents, arranged without scientific system, and enunciated without +explanation. + +When I first contemplated the composition of a work on this subject, a +distinguished friend and Brother, whose opinion I much respect, and with +whose advice I am always anxious to comply, unless for the most +satisfactory reasons, suggested the expediency of collecting the decisions +of all Grand Masters, Grand Lodges, and other masonic authorities upon +every subject of Masonic Law, and of presenting them, without commentary, +to the fraternity. + +But a brief examination of this method, led me to perceive that I would be +thus constructing simply a digest of decrees, many of which would probably +be the results of inexperience, of prejudice, or of erroneous views of the +masonic system, and from which the authors themselves have, in repeated +instances, subsequently receded--for Grand Masters and Grand Lodges, +although entitled to great respect, are not infallible--and I could not, +conscientiously, have consented to assist, without any qualifying remark, +in the extension and perpetuation of edicts and opinions, which, however +high the authority from which they emanated, I did not believe to be in +accordance with the principles of Masonic jurisprudence. + +Another inconvenience which would have attended the adoption of such a +method is, that the decisions of different Grand Lodges and Grand Masters +are sometimes entirely contradictory on the same points of Masonic Law. +The decree of one jurisdiction, on any particular question, will often be +found at variance with that of another, while a third will differ from +both. The consultor of a work, embracing within its pages such distracting +judgments, unexplained by commentary, would be in doubt as to which +decision he should adopt, so that coming to the inspection with the desire +of solving a legal question, he would be constrained to close the volume, +in utter despair of extracting truth or information from so confused a +mass of contradictions. + +This plan I therefore at once abandoned. But knowing that the +jurisprudence of Masonry is founded, like all legal science, on abstract +principles, which govern and control its entire system, I deemed it to be +a better course to present these principles to my readers in an elementary +and methodical treatise, and to develop from them those necessary +deductions which reason and common sense would justify. + +Hence it is that I have presumed to call this work "The Principles of +Masonic Law." It is not a code of enactments, nor a collection of +statutes, nor yet a digest of opinions; but simply an elementary treatise, +intended to enable every one who consults it, with competent judgment, and +ordinary intelligence, to trace for himself the bearings of the law upon +any question which he seeks to investigate, and to form, for himself, a +correct opinion upon the merits of any particular case. + +Blackstone, whose method of teaching I have endeavored, although I confess +"ab longo inter-vallo," to pursue, in speaking of what an academical +expounder of the law should do, says: + +"He should consider his course as a general map of the law, marking out +the shape of the country, its connections, and boundaries, its greater +divisions, and principal cities; it is not his business to describe +minutely the subordinate limits, or to fix the longitude and latitude of +every inconsiderable hamlet." + +Such has been the rule that has governed me in the compilation of this +work. But in delineating this "general map" of the Masonic Law, I have +sought, if I may continue the metaphor, so to define boundaries, and to +describe countries, as to give the inspector no difficulty in "locating" +(to use an Americanism) any subordinate point. I have treated, it is true, +of principles, but I have not altogether lost sight of cases. + +There are certain fundamental laws of the Institution, concerning which +there never has been any dispute, and which have come down to us with all +the sanctions of antiquity, and universal acceptation. In announcing +these, I have not always thought it necessary to defend their justice, or +to assign a reason for their enactment. + +The weight of unanimous authority has, in these instances, been deemed +sufficient to entitle them to respect, and to obedience. + +But on all other questions, where authority is divided, or where doubts of +the correctness of my decision might arise, I have endeavored, by a course +of argument as satisfactory as I could command, to assign a reason for my +opinions, and to defend and enforce my views, by a reference to the +general principles of jurisprudence, and the peculiar character of the +masonic system. I ask, and should receive no deference to my own +unsupported theories--as a man, I am, of course, fallible--and may often +have decided erroneously. But I do claim for my arguments all the weight +and influence of which they may be deemed worthy, after an attentive and +unprejudiced examination. To those who may at first be ready--because I do +not agree with all their preconceived opinions--to doubt or deny my +conclusions, I would say, in the language of Themistocles, "Strike, but +hear me." + +Whatever may be the verdict passed upon my labors by my Brethren, I trust +that some clemency will be extended to the errors into which I may have +fallen, for the sake of the object which I have had in view: that, namely, +of presenting to the Craft an elementary work, that might enable every +Mason to know his rights, and to learn his duties. + +The intention was, undoubtedly, a good one. How it has been executed, it +is not for me, but for the masonic public to determine. + +Albert G. Mackey. + +Charleston, S.C., January 1st., 1856. + + + + +Introduction. + +The Authorities for Masonic Law. + + + +The laws which govern the institution of Freemasonry are of two kinds, +_unwritten_ and _written,_ and may in a manner be compared with the "lex +non scripta," or common law, and the "lex seripta," or statute law of +English and American jurists. + +The "lex non scripta," or _unwritten law_ of Freemasonry is derived from +the traditions, usages and customs of the fraternity as they have existed +from the remotest antiquity, and as they are universally admitted by the +general consent of the members of the Order. In fact, we may apply to +these unwritten laws of Masonry the definition given by Blackstone of the +"leges non scriptæ" of the English constitution--that "their original +institution and authority are not set down in writing, as acts of +parliament are, but they receive their binding power, and the force of +laws, by long and immemorial usage and by their universal reception +throughout the kingdom." When, in the course of this work, I refer to +these unwritten laws as authority upon any point, I shall do so under the +appropriate designation of "ancient usage." + +The "lex scripta," or written law of Masonry, is derived from a variety of +sources, and was framed at different periods. The following documents I +deem of sufficient authority to substantiate any principle, or to +determine any disputed question in masonic law. + +1. The "Ancient Masonic charges, from a manuscript of the Lodge of +Antiquity," and said to have been written in the reign of James II.[1] + +2. The regulations adopted at the General Assembly held in 1663, of which +the Earl of St. Albans was Grand Master.[2] + +3. The interrogatories propounded to the Master of a lodge at the time of +his installation, and which, from their universal adoption, without +alteration, by the whole fraternity, are undoubtedly to be considered as +a part of the fundamental law of Masonry. + +4. "The Charges of a Freemason, extracted from the Ancient Records of +Lodges beyond sea, and of those in England, Scotland, and Ireland, for the +use of the Lodges in London," printed in the first edition of the Book of +Constitutions, and to be found from p. 49 to p. 56 of that work.[3] + +5. The thirty-nine "General Regulations," adopted "at the annual assembly +and feast held at Stationers' hall on St. John the Baptist's day, 1721," +and which were published in the first edition of the Book of +Constitutions, p. 58 to p. + +6. The subsequent regulations adopted at various annual communications by +the Grand Lodge of England, up to the year 1769, and published in +different editions of the Book of Constitutions. These, although not of +such paramount importance and universal acceptation as the Old Charges +and the Thirty-nine Regulations, are, nevertheless, of great value as the +means of settling many disputed questions, by showing what was the law and +usage of the fraternity at the times in which they were adopted. + +Soon after the publication of the edition of 1769 of the Book of +Constitutions, the Grand Lodges of America began to separate from their +English parent and to organize independent jurisdictions. From that +period, the regulations adopted by the Grand Lodge of England ceased to +have any binding efficacy over the craft in this country, while the laws +passed by the American Grand Lodges lost the character of general +regulations, and were invested only with local authority in their several +jurisdictions. + +Before concluding this introductory section, it may be deemed necessary +that something should be said of the "Ancient Landmarks of the Order," to +which reference is so often made. + +Various definitions have been given of the landmarks. Some suppose them to +be constituted of all the rules and regulations which were in existence +anterior to the revival of Masonry in 1717, and which were confirmed and +adopted by the Grand Lodge of England at that time. Others, more +stringent in their definition, restrict them to the modes of recognition +in use among the fraternity. I am disposed to adopt a middle course, and +to define the Landmarks of Masonry to be, all those usages and customs of +the craft--whether ritual or legislative--whether they relate to forms and +ceremonies, or to the organization of the society--which have existed from +time immemorial, and the alteration or abolition of which would materially +affect the distinctive character of the institution or destroy its +identity. Thus, for example, among the legislative landmarks, I would +enumerate the office of Grand Master as the presiding officer over the +craft, and among the ritual landmarks, the legend of the third degree. But +the laws, enacted from time to time by Grand Lodges for their local +government, no matter how old they may be, do not constitute landmarks, +and may, at any time, be altered or expunged, since the 39th regulation +declares expressly that "every annual Grand Lodge has an inherent power +and authority to make new regulations or to alter these (viz., the +thirty-nine articles) for the real benefit of this ancient fraternity, +provided always that the old landmarks be carefully preserved." + + + + + +Book First + +The Law of Grand Lodges. + + + +It is proposed in this Book, first to present the reader with a brief +historical sketch of the rise and progress of the system of Grand Lodges; +and then to explain, in the subsequent sections, the mode in which such +bodies are originally organized, who constitute their officers and +members, and what are their acknowledged prerogatives. + + + + +Chapter I. + +Historical Sketch. + + +Grand Lodges under their present organization, are, in respect to the +antiquity of the Order, of a comparatively modern date. We hear of no such +bodies in the earlier ages of the institution. Tradition informs us, that +originally it was governed by the despotic authority of a few chiefs. At +the building of the temple, we have reason to believe that King Solomon +exercised an unlimited and irresponsible control over the craft, although +a tradition (not, however, of undoubted authority) says that he was +assisted in his government by the counsel of twelve superintendants, +selected from the twelve tribes of Israel. But we know too little, from +authentic materials, of the precise system adopted at that remote period, +to enable us to make any historical deductions on the subject. + +The first historical notice that we have of the formation of a supreme +controlling body of the fraternity, is in the "Gothic Constitutions"[4] +which assert that, in the year 287, St. Alban, the protomartyr of England, +who was a zealous patron of the craft, obtained from Carausius, the +British Emperor, "a charter for the Masons to hold a general council, and +gave it the name of assembly." The record further states, that St. Alban +attended the meeting and assisted in making Masons, giving them "good +charges and regulations." We know not, however, whether this assembly ever +met again; and if it did, for how many years it continued to exist. The +subsequent history of Freemasonry is entirely silent on the subject. + +The next general assemblage of the craft, of which the records of +Freemasonry inform us, was that convened in 926, at the city of York, in +England, by Prince Edwin, the brother of King Athelstane, and the grandson +of Alfred the Great. This, we say, was the next general assemblage, +because the Ashmole manuscript, which was destroyed at the revival of +Freemasonry in 1717, is said to have stated that, at that time, the Prince +obtained from his brother, the king, a permission for the craft "to hold a +yearly communication and a general assembly." The fact that such a power +of meeting was then granted, is conclusive that it did not before exist: +and would seem to prove that the assemblies of the craft, authorised by +the charter of Carausius, had long since ceased to be held. This yearly +communication did not, however, constitute, at least in the sense we now +understand it, a Grand Lodge. The name given to it was that of the +"General Assembly of Masons." It was not restricted, as now, to the +Masters and Wardens of the subordinate lodges, acting in the capacity of +delegates or representatives, but was composed, as Preston has observed, +of as many of the fraternity at large as, being within a convenient +distance, could attend once or twice a year, under the auspices of one +general head, who was elected and installed at one of these meetings, and +who, for the time being, received homage as the governor of the whole +body. Any Brethren who were competent to discharge the duty, were allowed, +by the regulations of the Order, to open and hold lodges at their +discretion, at such times and places as were most convenient to them, and +without the necessity of what we now call a Warrant of Constitution, and +then and there to initiate members into the Order.[5] To the General +Assembly, however, all the craft, without distinction, were permitted to +repair; each Mason present was entitled to take part in the deliberations, +and the rules and regulations enacted were the result of the votes of the +whole body. The General Assembly was, in fact, precisely similar to those +political congregations which, in our modern phraseology, we term "mass +meetings." + +These annual mass meetings or General Assemblies continued to be held, for +many centuries after their first establishment, at the city of York, and +were, during all that period, the supreme judicatory of the fraternity. +There are frequent references to the annual assemblies of Freemasons in +public documents. The preamble to an act passed in 1425, during the reign +of Henry VI., just five centuries after the meeting at York, states that, +"by the _yearly congregations_ and confederacies made by the Masons in +their _general assemblies, _ the good course and effect of the statute of +laborers were openly violated and broken." This act which forbade such +meetings, was, however, never put in force; for an old record, quoted in +the Book of Constitutions, speaks of the Brotherhood having frequented +this "mutual assembly," in 1434, in the reign of the same king. We have +another record of the General Assembly, which was held in York on the 27th +December, 1561, when Queen Elizabeth, who was suspicious of their secrecy, +sent an armed force to dissolve the meeting. A copy is still preserved of +the regulations which were adopted by a similar assembly held in 1663, on +the festival of St. John the Evangelist; and in these regulations it is +declared that the private lodges shall give an account of all their +acceptations made during the year to the General Assembly. Another +regulation, however, adopted at the same time, still more explicitly +acknowledges the existence of a General Assembly as the governing body of +the fraternity. It is there provided, "that for the future, the said +fraternity of Freemasons shall be regulated and governed by one Grand +Master and as many Wardens as the said society shall think fit to appoint +at every Annual General Assembly." + +And thus the interests of the institution continued, until the beginning +of the eighteenth century, or for nearly eight hundred years, to be +entrusted to those General Assemblies of the fraternity, who, without +distinction of rank or office, annually met at York to legislate for the +government of the craft. + +But in 1717, a new organization of the governing head was adopted, which +gave birth to the establishment of a Grand Lodge, in the form in which +these bodies now exist. So important a period in the history of Masonry +demands our special attention. + +After the death, in 1702, of King William, who was himself a Mason, and a +great patron of the craft, the institution began to languish, the lodges +decreased in number, and the General Assembly was entirely neglected for +many years. A few old lodges continued, it is true, to meet regularly, but +they consisted of only a few members. + +At length, on the accession of George I., the Masons of London and its +vicinity determined to revive the annual communications of the society. +There were at that time only four lodges in the south of England, and the +members of these, with several old Brethren, met in February, 1717, at the +Apple Tree Tavern, in Charles street, Covent Garden, and organized by +putting the oldest Master Mason, who was the Master of a lodge, in the +chair; they then constituted themselves into what Anderson calls, "a Grand +Lodge _pro tempore;"_ resolved to hold the annual assembly and feast, and +then to choose a Grand Master. + +Accordingly, on the 24th of June, 1717, the assembly and feast were held; +and the oldest Master of a lodge being in the chair, a list of candidates +was presented, out of which Mr. Anthony Sayer was elected Grand Master, +and Capt. Joseph Elliott and Mr. Jacob Lamball, Grand Wardens. + +The Grand Master then commanded the Masters and Wardens of lodges to meet +the Grand Officers every quarter, in communication, at the place he should +appoint in his summons sent by the Tiler. + +This was, then, undoubtedly, the commencement of that organization of the +Masters and Wardens of lodges into a Grand Lodge, which has ever since +continued to exist. + +The fraternity at large, however, still continued to claim the right of +being present at the annual assembly; and, in fact, at that meeting, their +punctual attendance at the next annual assembly and feast was recommended. + +At the same meeting, it was resolved "that the privilege of assembling as +Masons, which had been hitherto unlimited, should be vested in certain +lodges or assemblies of Masons convened in certain places; and that every +lodge to be hereafter convened, except the four old lodges at this time +existing, should be legally authorized to act by a warrant from the Grand +Master for the time being, granted to certain individuals by petition, +with the consent and approbation of the Grand Lodge in communication; and +that, without such warrant, no lodge should be hereafter deemed regular or +constitutional." + +In consequence of this regulation, several new lodges received Warrants of +Constitution, and their Masters and Wardens were ordered to attend the +communications of the Grand Lodge. The Brethren at large vested all their +privileges in the four old lodges, in trust that they would never suffer +the old charges and landmarks to be infringed; and the old lodges, in +return, agreed that the Masters and Wardens of every new lodge that might +be constituted, should be permitted to share with them all the privileges +of the Grand Lodge, except precedence of rank. The Brethren, says Preston, +considered their further attendance at the meetings of the society +unnecessary after these regulations were adopted; and therefore trusted +implicitly to their Masters and Wardens for the government of the craft; +and thenceforward the Grand Lodge has been composed of all the Masters and +Wardens of the subordinate lodges which constitute the jurisdiction. + +The ancient right of the craft, however, to take a part in the proceedings +of the Grand Lodge or Annual Assembly, was fully acknowledged by a new +regulation, adopted about the same time, in which it is declared that all +alterations of the Constitutions must be proposed and agreed to, at the +third quarterly communication preceding the annual feast, and be offered +also to the perusal of _all_ the Brethren before dinner, _even of the +youngest Entered Apprentice_[6] + +This regulation has, however, (I know not by what right,) become obsolete, +and the Annual Assembly of Masons has long ceased to be held; the Grand +Lodges having, since the beginning of the eighteenth century, assumed the +form and organization which they still preserve, as strictly +representative bodies. + + + + +Chapter II. + +Of the Mode of Organizing Grand Lodges. + + + +The topic to be discussed in this section is, the answer to the question, +How shall a Grand Lodge be established in any state or country where such +a body has not previously existed, but where there are subordinate lodges +working under Warrants derived from Grand Lodges in other states? In +answering this question, it seems proper that I should advert to the +course pursued by the original Grand Lodge of England, at its +establishment in 1717, as from that body nearly all the Grand Lodges of +the York rite now in existence derive their authority, either directly or +indirectly, and the mode of its organization has, therefore, universally +been admitted to have been regular and legitimate. + +In the first place, it is essentially requisite that the active existence +of subordinate lodges in a state should precede the formation of a Grand +Lodge; for the former are the only legitimate sources of the latter. A +mass meeting of Masons cannot assemble and organize a Grand Lodge. A +certain number of lodges, holding legal warrants from a Grand Lodge or +from different Grand Lodges, must meet by their representatives and +proceed to the formation of a Grand Lodge. When that process has been +accomplished, the subordinate lodges return the warrants, under which they +had theretofore worked, to the Grand Lodges from which they had originally +received them, and take new ones from the body which they have formed. + +That a mass meeting of the fraternity of any state is incompetent to +organize a Grand Lodge has been definitively settled--not only by general +usage, but by the express action of the Grand Lodges of the United States +which refused to recognize, in 1842, the Grand Lodge of Michigan which had +been thus irregularly established in the preceding year. That unrecognized +body was then dissolved by the Brethren of Michigan, who proceeded to +establish four subordinate lodges under Warrants granted by the Grand +Lodge of New York. These four lodges subsequently met in convention and +organized the present Grand Lodge of Michigan in a regular manner. + +It seems, however, to have been settled in the case of Vermont, that where +a Grand Lodge has been dormant for many years, and all of its subordinates +extinct, yet if any of the Grand Officers, last elected, survive and are +present, they may revive the Grand Lodge and proceed constitutionally to +the exercise of its prerogatives. + +The next inquiry is, as to the number of lodges required to organize a new +Grand Lodge. Dalcho says that _five_ lodges are necessary; and in this +opinion he is supported by the Ahiman Rezon of Pennsylvania, published in +1783 by William Smith, D.D., at that time the Grand Secretary of that +jurisdiction, and also by some other authorities. But no such regulation +is to be found in the Book of Constitutions, which is now admitted to +contain the fundamental law of the institution. Indeed, its adoption would +have been a condemnation of the legality of the Mother Grand Lodge of +England, which was formed in 1717 by the union of only _four_ lodges. The +rule, however, is to be found in the Ahiman Rezon of Laurence Dermott, +which was adopted by the "Grand Lodge of Ancient Freemasons," that seceded +from the lawful Grand Lodge in 1738. But as that body was undoubtedly, +under our present views of masonic law, schismatic and illegal, its +regulations have never been considered by masonic writers as being +possessed of any authority. + +In the absence of any written law upon the subject, we are compelled to +look to precedent for authority; and, although the Grand Lodges in the +United States have seldom been established with a representation of less +than four lodges, the fact that that of Texas was organized in 1837 by the +representatives of only _three_ lodges, and that the Grand Lodge thus +instituted was at once recognized as legal and regular by all its sister +Grand Lodges, seems to settle the question that three subordinates are +sufficient to institute a Grand Lodge. + +Three lodges, therefore, in any territory where a Grand Lodge does not +already exist, may unite in convention and organize a Grand Lodge. It will +then be necessary, that these lodges should surrender the warrants under +which they had been previously working, and take out new warrants from the +Grand Lodge which they have constituted; and, from that time forth, all +masonic authority is vested in the Grand Lodge thus formed. + +The Grand Lodge having been thus constituted, the next inquiries that +suggest themselves are as to its members and its officers, each of which +questions will occupy a distinct discussion. + + + + +Chapter III. + +Of the Members of a Grand Lodge. + + + +It is an indisputable fact that the "General Assembly" which met at York +in 926 was composed of all the members of the fraternity who chose to +repair to it; and it is equally certain that, at the first Grand Lodge, +held in 1717, after the revival of Masonry, all the craft who were present +exercised the right of membership in voting for Grand Officers,[7] and +must, therefore, have been considered members of the Grand Lodge. The +right does not, however, appear to have been afterwards claimed. At this +very assembly, the Grand Master who had been elected, summoned only the +Master and Wardens of the lodges to meet him in the quarterly +communications; and Preston distinctly states, that soon after, the +Brethren of the four old lodges, which had constituted the Grand Lodge, +considered their attendance on the future communications of the society +unnecessary, and therefore concurred with the lodges which had been +subsequently warranted in delegating the power of representation to their +Masters and Wardens, "resting satisfied that no measure of importance +would be adopted without their approbation." + +Any doubts upon the subject were, however, soon put at rest by the +enactment of a positive law. In 1721, thirty-nine articles for the future +government of the craft were approved and confirmed, the twelfth of which +was in the following words: + +"The Grand Lodge consists of, and is formed by, the Masters and Wardens of +all the regular particular lodges upon record, with the Grand Master at +their head, and his Deputy on his left hand, and the Grand Wardens in +their proper places." + +From time to time, the number of these constituents of a Grand Lodge were +increased by the extension of the qualifications for membership. Thus, in +1724, Past Grand Masters, and in 1725, Past Deputy Grand Masters, were +admitted as members of the Grand Lodge. Finally it was decreed that the +Grand Lodge should consist of the four present and all past grand +officers; the Grand Treasurer, Secretary, and Sword-Bearer; the Master, +Wardens, and nine assistants of the Grand Stewards' lodge, and the Masters +and Wardens of all the regular lodges. + +Past Masters were not at first admitted as members of the Grand Lodge. +There is no recognition of them in the old Constitutions. Walworth thinks +it must have been after 1772 that they were introduced.[8] I have extended +my researches to some years beyond that period, without any success in +finding their recognition as members under the Constitution of England. It +is true that, in 1772, Dermott prefixed a note to his edition of the +Ahiman Rezon, in which he asserts that "Past Masters of warranted lodges +on record are allowed this privilege (of membership) whilst they continue +to be members of any regular lodge." And it is, doubtless, on this +imperfect authority, that the Grand Lodges of America began at so early a +period to admit their Past Masters to seats in the Grand Lodge. In the +authorized Book of Constitutions, we find no such provision. Indeed, +Preston records that in 1808, at the laying of the foundation-stone of the +Covent Garden Theatre, by the Prince of Wales, as Grand Master, "the Grand +Lodge was opened by Charles Marsh, Esq., attended by the _Masters and +Wardens_ of all the regular lodges;" and, throughout the description of +the ceremonies, no notice is taken of Past Masters as forming any part of +the Grand Lodge. The first notice that we have been enabled to obtain of +Past Masters, as forming any part of the Grand Lodge of England, is in the +"Articles of Union between the two Grand Lodges of England," adopted in +1813, which declare that the Grand Lodge shall consist of the Grand and +Past Grand Officers, of the actual Masters and Wardens of all the +warranted lodges, and of the "Past Masters of Lodges who have regularly +served and passed the chair before the day of Union, and who continued, +without secession, regular contributing members of a warranted lodge." But +it is provided, that after the decease of all these ancient Past Masters, +the representation of every lodge shall consist of its Master and Wardens, +and one Past Master only. There is, I presume, no doubt that, from 1772, +Past Masters had held a seat in the Athol Grand Lodge of Ancient Masons, +and that they did not in the original Grand Lodge, is, I believe, a fact +equally indisputable. By the present constitutions of the United Grand +Lodge of England, Past Masters are members of the Grand Lodge, while they +continue subscribing members of a private lodge. In some of the Grand +Lodges of the United States, Past Masters have been permitted to retain +their membership, while in others, they have been disfranchised. + +On the whole, the result of this inquiry seems to be, that Past Masters +have no inherent right, derived from the ancient landmarks, to a seat in +the Grand Lodge; but as every Grand Lodge has the power, within certain +limits, to make regulations for its own government, it may or may not +admit them to membership, according to its own notion of expediency. + +Some of the Grand Lodges have not only disfranchised Past Masters but +Wardens also, and restricted membership only to acting Masters. This +innovation has arisen from the fact that the payment of mileage and +expenses to three representative would entail a heavy burden on the +revenue of the Grand Lodge. The reason may have been imperative; but in +the practice, pecuniary expediency has been made to override an ancient +usage. + +In determining, then, who are the constitutional members of a Grand Lodge, +deriving their membership from inherent right, I should say that they are +the Masters and Wardens of all regular lodges in the jurisdiction, with +the Grand Officers chosen by them. All others, who by local regulations +are made members, are so only by courtesy, and not by prescription or +ancient law. + + + + +Chapter IV. + +Of the Officers of a Grand Lodge. + + + +The officers of a Grand Lodge may be divided into two classes, _essential_ +and _accidental_, or, as they are more usually called, _Grand_ and +_Subordinate_. The former of these classes are, as the name imports, +essential to the composition of a Grand Lodge, and are to be found in +every jurisdiction, having existed from the earliest times. They are the +Grand and Deputy Grand Masters, the Grand Wardens, Grand Treasurer, and +Grand Secretary. The Grand Chaplain is also enumerated among the Grand +Officers, but the office is of comparatively modern date. + +The subordinate officers of a Grand Lodge consist of the Deacons, Marshal, +Pursuivant, or Sword-Bearer, Stewards, and others, whose titles and duties +vary in different jurisdictions. I shall devote a separate section to the +consideration of the duties of each and prerogatives of these officers. + + + +Section I. + +_Of the Grand Master._ + + +The office of Grand Master of Masons has existed from the very origin of +the institution; for it has always been necessary that the fraternity +should have a presiding head. There have been periods in the history of +the institution when neither Deputies nor Grand Wardens are mentioned, but +there is no time in its existence when it was without a Grand Master; and +hence Preston, while speaking of that remote era in which the fraternity +was governed by a General Assembly, says that this General Assembly or +Grand Lodge "was not then restricted, as it is now understood to be, to +the Masters and Wardens of private lodges, with the Grand Master and his +Wardens at their head; it consisted of as many of the Fraternity _at +large_ as, being within a convenient distance, could attend, once or twice +in a year, under the auspices of one general head, who was elected and +installed at one of these meetings; and who for the time being received +homage as the sole governor of the whole body."[9] The office is one of +great honour as well as power, and has generally been conferred upon some +individual distinguished by an influential position in society; so that +his rank and character might reflect credit upon the craft.[10] + +The Grand Mastership is an elective office, the election being annual and +accompanied with impressive ceremonies of proclamation and homage made to +him by the whole craft. Uniform usage, as well as the explicit declaration +of the General Regulations,[11] seems to require that he should be +installed by the last Grand Master. But in his absence the Deputy or some +Past Grand Master may exercise the functions of installation or +investiture. In the organization of a new Grand Lodge, ancient precedent +and the necessity of the thing will authorize the performance of the +installation by the Master of the oldest lodge present, who, however, +exercises, _pro hac vice_, the prerogatives and assumes the place of a +Grand Master. + +The Grand Master possesses a great variety of prerogatives, some of which +are derived from the "lex non scripta," or ancient usage; and others from +the written or statute law of Masonry.[12] + +I. He has the right to convene the Grand Lodge whenever he pleases, and to +preside over its deliberation. In the decision of all questions by the +Grand Lodge he is entitled to two votes. This is a privilege secured to +him by Article XII. of the General Regulations. + +It seems now to be settled, by ancient usage as well as the expressed +opinion of the generality of Grand Lodges and of masonic writers, that +there is no appeal from his decision. In June, 1849, the Grand Master of +New York, Bro. Williard, declared an appeal to be out of order and refused +to submit it to the Grand Lodge. The proceedings on that eventful occasion +have been freely discussed by the Grand Lodges of the United States, and +none of them have condemned the act of the Grand Master, while several +have sustained it in express terms. "An appeal," say the Committee of +Correspondence of Maryland, "from the decision of the Grand Master is an +anomaly at war with every principle of Freemasonry, and as such, not for +a moment to be tolerated or countenanced."[13] This opinion is also +sustained by the Committee of the Grand Lodge of Florida in the year 1851, +and at various times by other Grand Lodges. On the other hand, several +Grand Lodges have made decisions adverse to this prerogative, and the +present regulations of the Grand Lodge of England seem, by a fair +interpretation of their phraseology, to admit of an appeal from the Grand +Master. Still the general opinion of the craft in this country appears to +sustain the doctrine, that no appeal can be made from the decision of that +officer. And this doctrine has derived much support in the way of analogy +from the report adopted by the General Grand Chapter of the United States, +declaring that no appeal could lie from the decision of the presiding +officer of any Royal Arch body. + +Since we have enunciated this doctrine as masonic law, the question next +arises, in what manner shall the Grand Master be punished, should he abuse +his great prerogative? The answer to this question admits of no doubt. It +is to be found in a regulation, adopted in 1721, by the Grand Lodge of +England, and is in these words:--"If the Grand Master should abuse his +great power, and render himself unworthy of the obedience and submission +of the Lodges, he shall be treated in a way and manner to be agreed upon +in a new regulation." But the same series of regulations very explicitly +prescribe, how this new regulation is to be made; namely, it is to be +"proposed and agreed to at the third quarterly communication preceding the +annual Grand Feast, and offered to the perusal of all the Brethren before +dinner, in writing, even of the youngest entered apprentice; the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory."[14] This +mode of making a new regulation is explicitly and positively +prescribed--it can be done in no other way--and those who accept the old +regulations as the law of Masonry, must accept this provision with them. +This will, in the present organization of many Grand Lodges, render it +almost impracticable to make such a new regulation, in which case the +Grand Master must remain exempt from other punishment for his misdeeds, +than that which arises from his own conscience, and the loss of his +Brethren's regard and esteem. + +II. The power of granting dispensations is one of the most important +prerogatives of the Grand Master. A dispensation may be defined to be an +exemption from the observance of some law or the performance of some duty. +In Masonry, no one has the authority to grant this exemption, except the +Grand Master; and, although the exercise of it is limited within the +observance of the ancient landmarks, the operation of the prerogative is +still very extensive. The dispensing power may be exercised under the +following circumstances: + +1. The fourth old Regulation prescribes that "no lodge shall make more +than five new Brothers at one and the same time without an urgent +necessity."[15] But of this necessity the Grand Master may judge, and, on +good and sufficient reason being shown, he may grant a dispensation +enabling any lodge to suspend this regulation and make more than five new +Brothers. + +2. The next regulation prescribes "that no one can be accepted a member of +a particular lodge without previous notice, one month before given to the +lodge, in order to make due inquiry into the reputation and capacity of +the candidate." But here, also, it is held that, in a suitable case of +emergency, the Grand Master may exercise his prerogative and dispense with +this probation of one month, permitting the candidate to be made on the +night of his application. + +3. If a lodge should have omitted for any causes to elect its officers or +any of them on the constitutional night of election, or if any officer so +elected shall have died, been deposed or removed from the jurisdiction +subsequent to his election, the Grand Master may issue a dispensation +empowering the lodge to proceed to an election or to fill the vacancy at +any other specified communication; but he cannot grant a dispensation to +elect a new master in consequence of the death or removal of the old one, +while the two Wardens or either of them remain--because the Wardens +succeed by inherent right and in order of seniority to the vacant +mastership. And, indeed, it is held that while one of the three officers +remains, no election can be held, even by dispensation, to fill the other +two places, though vacancies in them may have occurred by death or +removal. + +4. The Grand Master may grant a dispensation empowering a lodge to elect +a Master from among the members on the floor; but this must be done only +when every Past Master, Warden, and Past Warden of the lodge has refused +to serve,[16] because ordinarily a requisite qualification for the +Mastership is, that the candidate shall, previously, have served in the +office of Warden. + +5. In the year 1723 a regulation was adopted, prescribing "that no Brother +should belong to more than one lodge within the bills of mortality." +Interpreting the last expression to mean three miles--which is now +supposed to be the geographical limit of a lodge's jurisdiction, this +regulation may still be considered as a part of the law of Masonry; but in +some Grand Lodges, as that of South Carolina, for instance, the Grand +Master will sometimes exercise his prerogative, and, dispensing with this +regulation, permit a Brother to belong to two lodges, although they may be +within three miles of each other. + +6. But the most important power of the Grand Master connected with his +dispensing prerogative is, that of constituting new lodges. It has +already been remarked that, anciently, a warrant was not required for the +formation of a lodge, but that a sufficient number of Masons, met together +within a certain limit, were empowered, with the consent of the sheriff or +chief magistrate of the place, to make Masons and practice the rites of +Masonry, without such warrant of Constitution. But, in the year 1717, it +was adopted as a regulation, that every lodge, to be thereafter convened, +should be authorised to act by a warrant from the Grand Master for the +time being, granted to certain persons by petition, with the consent and +approbation of the Grand Lodge in communication. Ever since that time, no +lodge has been considered as legally established, unless it has been +constituted by the authority of the Grand Master. In the English +Constitutions, the instrument thus empowering a lodge to meet, is called, +when granted by the Grand Master, a Warrant of Constitution. It is granted +by the Grand Master and not by the Grand Lodge. It appears to be a final +instrument, notwithstanding the provision enacted in 1717, requiring the +consent and approbation of the Grand Lodge; for in the Constitution of the +United Grand Lodge of England, there is no allusion whatever to this +consent and approbation. + +But in this country, the process is somewhat different, and the Grand +Master is deprived of a portion of his prerogative. Here, the instrument +granted by the Grand Master is called a Dispensation. The lodge receiving +it is not admitted into the register of lodges, nor is it considered as +possessing any of the rights and privileges of a lodge, except that of +making Masons, until a Warrant of Constitution is granted by the Grand +Lodge. The ancient prerogative of the Grand Master is, however, preserved +in the fact, that after a lodge has been thus warranted by the Grand +Lodge, the ceremony of constituting it, which embraces its consecration +and the installation of its officers, can only be performed by the Grand +Master in person, or by his special Deputy appointed for that purpose.[17] + +III. The third prerogative of the Grand Master is that of visitation. He +has a right to visit any lodge within his jurisdiction at such times as he +pleases, and when there to preside; and it is the duty of the Master to +offer him the chair and his gavel, which the Grand Master may decline or +accept at his pleasure. This prerogative admits of no question, as it is +distinctly declared in the first of the Thirty-nine Regulations, adopted +in 1721, in the following words:-- + +"The Grand Master or Deputy has full authority and right, not only to be +present, but to preside in every lodge, with the Master of the lodge on +his left hand, and to order his Grand Wardens to attend him, who are not +to act as Wardens of particular lodges, but in his presence and at his +command; for the Grand Master, while in a particular lodge, may command +the Wardens of that lodge, or any other Master Masons, to act as his +Wardens, _pro tempore_." + +But in a subsequent regulation it was provided, that as the Grand Master +cannot deprive the Grand Wardens of that office without the consent of the +Grand Lodge, he should appoint no other persons to act as Wardens in his +visitation to a private lodge, unless the Grand Wardens were absent. This +whole regulation is still in existence. + +The question has been lately mooted, whether, if the Grand Master declines +to preside, he does not thereby place himself in the position of a +private Brother, and become subject, as all the others present, to the +control of the Worshipful Master. I answer, that of course he becomes +subject to and must of necessity respect those rules of order and decorum +which are obligatory on all good men and Masons; but that he cannot, by +the exercise of an act of courtesy in declining to preside, divest himself +of his prerogative, which, moreover, he may at any time during the evening +assume, and demand the gavel. The Grand Master of Masons can, under no +circumstances, become subject to the decrees and orders of the Master of a +particular lodge. + +IV. Another prerogative of the Grand Master is that of appointment; which, +however, in this country, has been much diminished. According to the old +regulations, and the custom is still continued in the Constitutions of the +Grand Lodge of England, the Grand Master has the right of appointing his +Deputy and Wardens. In the United States, the office has been shorn of +this high prerogative, and these Officers are elected by the Grand Lodge. +The Deputy, however, is still appointed by the Grand Master, in some of +the States, as Massachusetts, North Carolina, Wisconsin, and Texas. The +appointment of the principal subordinate officers, is also given to the +Grand Master by the American Grand Lodges. + +V. The last and most extraordinary power of the Grand Master, is that of +_making Masons at sight_. + +The power to "make Masons at sight" is a technical term, which may be +defined to be the power to initiate, pass, and raise candidates by the +Grand Master, in a lodge of emergency, or as it is called in the Book of +Constitutions, "an occasional lodge," especially convened by him, and +consisting of such Master Masons as he may call together for that purpose +only--the lodge ceasing to exist as soon as the initiation, passing, or +raising, has been accomplished and the Brethren have been dismissed by the +Grand Master. + +Whether such a power is vested in the Grand Master, is a question that, +within the last few years, has been agitated with much warmth, by some of +the Grand Lodges of this country; but I am not aware that, until very +lately, the prerogative was ever disputed.[18] + +In the Book of Constitutions, however, several instances are furnished of +the exercise of this right by various Grand Masters. + +In 1731, Lord Lovel being Grand Master, he "formed an occasional lodge at +Houghton Hall, Sir Robert Walpole's House in Norfolk," and there made the +Duke of Lorraine, afterwards Emperor of Germany, and the Duke of +Newcastle, Master Masons.[19] + +I do not quote the case of the initiation, passing, and raising of +Frederick, Prince of Wales, in 1737, which was done in "an occasional +lodge," over which Dr. Desaguliers presided,[20] because as Desaguliers +was not the Grand Master, nor even, as has been incorrectly stated by the +New York Committee of Correspondence, Deputy Grand Master, but only a Past +Grand Master, it cannot be called _a making at sight_. He most probably +acted under the dispensation of the Grand Master, who at that time was the +Earl of Darnley. + +But in 1766, Lord Blaney, who was then Grand Master, convened "an +occasional lodge" and initiated, passed, and raised the Duke of +Gloucester.[21] + +Again in 1767, John Salter, the Deputy, then acting as Grand Master, +convened "an occasional lodge," and conferred the three degrees on the +Duke of Cumberland.[22] + +In 1787, the Prince of Wales was made a Mason "at an occasional lodge, +convened," says Preston, "for the purpose, at the Star and Garter, Pall +Mall, over which the Duke of Cumberland, (Grand Master) presided in +person."[23] + +But it is unnecessary to multiply instances of the right, exercised by +former Grand Masters, of congregating occasional lodges, and making Masons +at sight. It has been said, however, by the oppugners of this prerogative, +that these "occasional lodges" were only special communications of the +Grand Lodge, and the "makings" are thus supposed to have taken place under +the authority of that body, and not of the Grand Master. The facts, +however, do not sustain this position. Throughout the Book of +Constitutions, other meetings, whether regular or special, are distinctly +recorded as meetings of the Grand Lodge, while these "occasional lodges" +appear only to have been convened by the Grand Master, for the purpose of +making Masons. Besides, in many instances, the lodge was held at a +different place from that of the Grand Lodge, and the officers were not, +with the exception of the Grand Master, the officers of the Grand Lodge. +Thus the occasional lodge, which initiated the Duke of Lorraine, was held +at the residence of Sir Robert Walpole, in Norfolk, while the Grand Lodge +always met in London. In 1766, the Grand Lodge held its communications at +the Crown and Anchor; but the occasional lodge, which, in the same year, +conferred the degrees on the Duke of Gloucester, was convened at the Horn +Tavern. In the following year, the lodge which initiated the Duke of +Cumberland was convened at the Thatched House Tavern, the Grand Lodge +continuing to meet at the Crown and Anchor. + +This may be considered very conclusive evidence of the existence of the +prerogative of the Grand Master, which we are now discussing, but the +argument _Ă fortiori_, drawn from his dispensing power, will tend to +confirm the doctrine. + +No one doubts or denies the power of the Grand Master to constitute new +lodges by dispensation. In 1741, the Grand Lodge of England forgot it for +a moment, and adopted a new regulation, that no new lodge should be +constituted until the consent of the Grand Lodge had been first obtained, +"But this order, afterwards appearing," says the Book of +Constitutions,[24] "to be an infringement on the prerogative of the Grand +Master, and to be attended with many inconveniences and with damage to the +craft, was repealed." + +It is, then, an undoubted prerogative of the Grand Master to constitute +lodges by dispensation, and in these lodges, so constituted, Masons may be +legally entered, passed, and raised. This is done every day. Seven Master +Masons, applying to the Grand Master, he grants them a dispensation, under +authority of which they proceed to open and hold a lodge, and to make +Masons. This lodge is, however, admitted to be the mere creature of the +Grand Master, for it is in his power, at any time, to revoke the +dispensation he had granted, and thus to dissolve the lodge. + +But, if the Grand Master has the power thus to enable others to confer the +degrees and make Masons by his individual authority out of his presence, +are we not permitted to argue _Ă fortiori_ that he has also the right of +congregating seven Brethren and causing a Mason, to be made in his sight? +Can he delegate a power to others which he does not himself possess? And +is his calling together "an occasional lodge," and making, with the +assistance of the Brethren thus assembled, a Mason "at sight," that is to +say, in his presence, anything more or less than the exercise of his +dispensing power, for the establishment of a lodge under dispensation, for +a temporary period, and for a special purpose. The purpose having been +effected, and the Mason having been made, he revokes his dispensation, and +the lodge is dismissed. If we assumed any other ground than this, we +should be compelled to say, that though the Grand Master might authorise +others to make Masons, when he was absent, as in the usual case of lodges +under dispensation yet the instant that he attempted to convey the same +powers to be exercised in his presence, and under his personal +supervision, his authority would cease. This course of reasoning would +necessarily lead to a contradiction in terms, if not to an actual +absurdity. + +It is proper to state, in conclusion, that the views here set forth are +not entertained by the very able Committee of Foreign Correspondence of +the Grand Lodge of Florida, who only admit the power of the Grand Master +to make Masons in the Grand Lodge. On the other hand, the Grand Lodge of +Wisconsin, at its last communication, adopted a report, asserting "that +the Grand Master has the right to make Masons at sight, in cases which he +may deem proper"--and the Committee of Correspondence of New York +declares, that "since the time when the memory of man runneth not to the +contrary, Grand Masters have enjoyed the privilege of making Masons at +sight, without any preliminaries, and at any suitable time or place." + +The opinions of the two last quoted Grand Lodges embody the general +sentiment of the Craft on this subject.[25] But although the prerogative +is thus almost universally ceded to Grand Masters, there are many very +reasonable doubts as to the expediency of its exercise, except under +extraordinary circumstances of emergency. + +In England, the practice has generally been confined to the making of +Princes of the Royal Family, who, for reasons of state, were unwilling to +reduce themselves to the level of ordinary candidates and receive their +initiation publicly in a subordinate lodge. + +But in the exercise of this prerogative, the Grand Master cannot dispense +with any of the requisite forms of initiation, prescribed by the oral laws +of the Order. He cannot communicate the degrees, but must adhere to all +the established ceremonies--the conferring of degrees by "communication" +being a form unknown to the York rite. He must be assisted by the number +of Brethren necessary to open and hold a lodge. Due inquiry must be made +into the candidate's character, (though the Grand Master may, as in a case +of emergency, dispense with the usual probation of a month). He cannot +interfere with the business of a regular lodge, by making one whom it had +rejected, nor finishing one which it had commenced. Nor can he confer the +three degrees, at one and the same communication. In short, he must, in +making Masons at sight, conform to the ancient usages and landmarks of the +Order. + + + +Section II. + +_The Deputy Grand Master._ + + +The office of Deputy Grand Master is one of great dignity, but not of much +practical importance, except in case of the absence of the Grand Master, +when he assumes all the prerogatives of that officer. Neither is the +office, comparatively speaking, of a very ancient date. At the first +reorganization of the Grand Lodge in 1717, and for two or three years +afterwards, no Deputy was appointed, and it was not until 1721 that the +Duke of Montagu conferred the dignity on Dr. Beal. Originally the Deputy +was intended to relieve the Grand Master of all the burden and pressure of +business, and the 36th of the Regulations, adopted in 1721, states that "a +Deputy is said to have been always needful when the Grand Master was nobly +born," because it was considered as a derogation from the dignity of a +nobleman to enter upon the ordinary business of the craft. Hence we find, +among the General Regulations, one which sets forth this principle in the +following words: + +"The Grand Master should not receive any private intimations of business, +concerning Masons and Masonry, but from his Deputy first, except in such +cases as his worship can easily judge of; and if the application to the +Grand Master be irregular, his worship can order the Grand Wardens, or any +other so applying, to wait upon the Deputy, who is immediately to prepare +the business, and to lay it orderly before his worship." + +The Deputy Grand Master exercises, in the absence of the Grand Master, all +the prerogatives and performs all the duties of that officer. But he does +so, not by virtue of any new office that he has acquired by such absence, +but simply in the name of and as the representative of the Grand Master, +from whom alone he derives all his authority. Such is the doctrine +sustained in all the precedents recorded in the Book of Constitutions. + +In the presence of the Grand Master, the office of Deputy is merely one of +honour, without the necessity of performing any duties, and without the +power of exercising any prerogatives. + +There cannot be more than one Deputy Grand Master in a jurisdiction; so +that the appointment of a greater number, as is the case in some of the +States, is a manifest innovation on the ancient usages. District Deputy +Grand Masters, which officers are also a modern invention of this +country, seem to take the place in some degree of the Provincial Grand +Masters of England, but they are not invested with the same prerogatives. +The office is one of local origin, and its powers and duties are +prescribed by the local regulations of the Grand Lodge which may have +established it. + + + +Section III. + +_Of the Grand Wardens._ + + +The Senior and Junior Grand Wardens were originally appointed, like the +Deputy, by the Grand Master, and are still so appointed in England; but in +this country they are universally elected by the Grand Lodge. Their duties +do not materially differ from those performed by the corresponding +officers in a subordinate lodge. They accompany the Grand Master in his +visitations, and assume the stations of the Wardens of the lodge visited. + +According to the regulations of 1721, the Master of the oldest lodge +present was directed to take the chair of the Grand Lodge in the absence +of both the Grand Master and Deputy; but this was found to be an +interference with the rights of the Grand Wardens, and it was therefore +subsequently declared that, in the absence of the Grand Master and Deputy, +the last former Grand Master or Deputy should preside. But if no Past +Grand or Past Deputy Grand Master should be present, then the Senior Grand +Warden was to fill the chair, and, in his absence, the Junior Grand +Warden, and lastly, in absence of both these, then the oldest +Freemason[26] who is the present Master of a lodge. In this country, +however, most of the Grand Lodges have altered this regulation, and the +Wardens succeed according to seniority to the chair of the absent Grand +Master and Deputy, in preference to any Past Grand Officer. + + + +Section IV. + +_Of the Grand Treasurer._ + + +The office of Grand Treasurer was first established in 1724, in +consequence of a report of the Committee of Charity of the Grand Lodge of +England. But no one was found to hold the trust until the 24th of June, +1727, when, at the request of the Grand Master, the appointment was +accepted by Nathaniel Blackerby, Deputy Grand Master. The duties of the +office do not at all differ from those of a corresponding one in every +other society; but as the trust is an important one in a pecuniary view, +it has generally been deemed prudent that it should only be committed to +"a brother of good worldly substance," whose ample means would place him +beyond the chances of temptation. + +The office of Grand Treasurer has this peculiarity, that while all the +other officers below the Grand Master were originally, and still are in +England, appointed, that alone was always elective. + + + +Section V. + +_Of the Grand Secretary._ + + +This is one of the most important offices in the Grand Lodge, and should +always be occupied by a Brother of intelligence and education, whose +abilities may reflect honor on the institution of which he is the +accredited public organ. The office was established in the year 1723, +during the Grand Mastership of the Duke of Wharton, previous to which +time the duties appear to have been discharged by the Grand Wardens. + +The Grand Secretary not only records the proceedings of the Grand Lodge, +but conducts its correspondence, and is the medium through whom all +applications on masonic subjects are to be made to the Grand Master, or +the Grand Lodge. + +According to the regulations of the Grand Lodges of England, New York and +South Carolina, the Grand Secretary may appoint an assistant, who is not, +however, by virtue of such appointment, a member of the Grand Lodge. The +same privilege is also extended in South Carolina to the Grand Treasurer. + + + +Section VI. + +_Of the Grand Chaplain._ + + +This is the last of the Grand Offices that was established, having been +instituted on the 1st of May, in the year 1775. The duties are confined to +the reading of prayers, and other sacred portions of the ritual, in +consecrations, dedications, funeral services, etc. The office confers no +masonic authority at all, except that of a seat and a vote in the Grand +Lodge. + + + +Section VII. + +_Of the Grand Deacons._ + + +But little need be said of the Grand Deacons. Their duties correspond to +those of the same officers in subordinate lodges. The office of the +Deacons, even in a subordinate lodge, is of comparatively modern +institution. Dr. Oliver remarks that they are not mentioned in any of the +early Constitutions of Masonry, nor even so late as 1797, when Stephen +Jones wrote his "Masonic Miscellanies," and he thinks it "satisfactorily +proved that Deacons were not considered necessary, in working the business +of a lodge, before the very latter end of the eighteenth century."[27] + +But although the Deacons are not mentioned in the various works published +previous to that period, which are quoted by Dr. Oliver, it is +nevertheless certain that the office existed at a time much earlier than +that which he supposes. In a work in my possession, and which is now lying +before me, entitled "Every Young Man's Companion, etc., by W. Gordon, +Teacher of the Mathematics," sixth edition printed at London, in 1777, +there is a section, extending from page 413 to page 426, which is +dedicated to the subject of Freemasonry and to a description of the +working of a subordinate lodge. Here the Senior and Junior Deacons are +enumerated among the officers, their exact positions described and their +duties detailed, differing in no respect from the explanations of our own +ritual at the present day. The positive testimony of this book must of +course outweigh the negative testimony of the authorities quoted by +Oliver, and shows the existence in England of Deacons in the year 1777 at +least. + +It is also certain that the office of Deacon claims an earlier origin in +America than the "very latter end of the eighteenth century;" and, as an +evidence of this, it may be stated that, in the "Ahiman Rezon" of +Pennsylvania, published in 1783, the Grand Deacons are named among the +officers of the Grand Lodge, "as particular assistants to the Grand +Master and Senior Warden, in conducting the business of the Lodge." They +are to be found in all Grand Lodges of the York Rite, and are usually +appointed, the Senior by the Grand Master, and the Junior by the Senior +Grand Warden. + + + +Section VIII. + +_Of the Grand Marshal._ + + +The _Grand Marshal_, as an officer of convenience, existed from an early +period. We find him mentioned in the procession of the Grand Lodge, made +in 1731, where he is described as carrying "a truncheon, blue, tipped with +gold," insignia which he still retains. He takes no part in the usual work +of the Lodge; but his duties are confined to the proclamation of the Grand +Officers at their installation, and to the arrangement and superintendence +of public processions. + +The Grand Marshal is usually appointed by the Grand Master. + + + +Section IX. + +_Of the Grand Stewards._ + + +The first mention that is made of Stewards is in the Old Regulations, +adopted in 1721. Previous to that time, the arrangements of the Grand +Feast were placed in the hands of the Grand Wardens; and it was to relieve +them of this labor that the regulation was adopted, authorizing the Grand +Master, or his Deputy, to appoint a certain number of Stewards, who were +to act in concert with the Grand Wardens. In 1728, it was ordered that the +number of Stewards to be appointed should be twelve. In 1731, a regulation +was adopted, permitting the Grand Stewards to appoint their successors. +And, in 1735, the Grand Lodge ordered, that, "in consideration of their +past service and future usefulness," they should be constituted a Lodge of +Masters, to be called the Stewards' Lodge, which should have a registry in +the Grand Lodge list, and exercise the privilege of sending twelve +representatives. This was the origin of that body now known in the +Constitutions of the Grand Lodges of England and New York,[28] as the +Grand Stewards' Lodge, although it has been very extensively modified in +its organization. In New York, it is now no more than a Standing Committee +of the Grand Lodge; and in England, although it is regularly constituted, +as a Lodge of Master Masons, it is by a special regulation deprived of all +power of entering, passing, or raising Masons. In other jurisdictions, the +office of Grand Stewards is still preserved, but their functions are +confined to their original purpose of preparing and superintending the +Grand Feast. + +The appointment of the Grand Stewards should be most appropriately vested +in the Junior Grand Warden. + + + +Section X. + +_Of the Grand Sword-Bearer._ + + +_Grand Sword-Bearer._--It was an ancient feudal custom, that all great +dignitaries should have a sword of state borne before them, as the +insignia of their dignity. This usage has to this day been preserved in +the Masonic Institution, and the Grand Master's sword of state is still +borne in all public processions by an officer specially appointed for that +purpose. Some years after the reorganization of the Grand Lodge of +England, the sword was borne by the Master of the Lodge to which it +belonged; but, in 1730, the Duke of Norfolk, being then Grand Master, +presented to the Grand Lodge the sword of Gustavus Adolphus, King of +Sweden, which had afterwards been used in war by Bernard, Duke of Saxe +Weimar, and which the Grand Master directed should thereafter be adopted +as his sword of state. In consequence of this donation, the office of +Grand Sword-Bearer was instituted in the following year. The office is +still retained; but some Grand Lodges have changed the name to that of +_Grand Pursuivant_. + + + +Section XI. + +_Of the Grand Tiler._ + + +It is evident from the Constitutions of Masonry, as well as from the +peculiar character of the institution, that the office of Grand Tiler must +have existed from the very first organization of a Grand Lodge. As, from +the nature of the duties that he has to perform, the Grand Tiler is +necessarily excluded from partaking of the discussions, or witnessing the +proceedings of the Grand Lodge, it has very generally been determined, +from a principle of expediency, that he shall not be a member of the Grand +Lodge during the term of his office. + +The Grand Tiler is sometimes elected by the Grand Lodge, and sometimes +appointed by the Grand Master. + + + + +Chapter V. + +Of the Powers and Prerogatives of a Grand Lodge. + + + +Section I. + +_General View._ + + +The necessary and usual officers of a Grand Lodge having been described, +the rights, powers, and prerogatives of such a body is the next subject of +our inquiry. + +The foundation-stone, upon which the whole superstructure of masonic +authority in the Grand Lodge is built, is to be found in that conditional +clause annexed to the thirty-eight articles, adopted in 1721 by the Masons +of England, and which is in these words: + +"Every annual Grand Lodge has an inherent power and authority to make new +regulations, or to alter these for the real benefit of this ancient +fraternity; PROVIDED ALWAYS THAT THE OLD LANDMARKS BE CAREFULLY +PRESERVED; and that such alterations and new regulations be proposed and +agreed to at the third quarterly communication preceding the annual Grand +Feast; and that they be offered also to the perusal of all the Brethren +before dinner, in writing, even of the youngest Entered Apprentice: the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory." + +The expression which is put in capitals--"provided always that the old +landmarks be carefully preserved"--is the limiting clause which must be +steadily borne in mind, whenever we attempt to enumerate the powers of a +Grand Lodge. It must never be forgotten (in the words of another +regulation, adopted in 1723, and incorporated in the ritual of +installation), that "it is not in the power of any man, or body of men, to +make any alteration or innovation in the body of Masonry." + +"With these views to limit us, the powers of a Grand Lodge may be +enumerated in the language which has been adopted in the modern +constitutions of England, and which seem to us, after a careful +comparison, to be as comprehensive and correct as any that we have been +able to examine. This enumeration is in the following language: + +"In the Grand Lodge, alone, resides the power of enacting laws and +regulations for the permanent government of the craft, and of altering, +repealing, and abrogating them, always taking care that the ancient +landmarks of the order are preserved. The Grand Lodge has also the +inherent power of investigating, regulating, and deciding all matters +relative to the craft, or to particular lodges, or to individual Brothers, +which it may exercise either of itself, or by such delegated authority, as +in its wisdom and discretion it may appoint; but in the Grand Lodge alone +resides the power of erasing lodges, and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate authority +in England." + +In this enumeration we discover the existence of three distinct classes of +powers:--1, a legislative power; 2, a judicial power; and 3, an executive +power. Each of these will occupy a separate section. + + + +Section II. + +_Of the Legislative Power of a Grand Lodge._ + + +In the passage already quoted from the Constitutions of the Grand Lodge of +England it is said, "in the Grand Lodge, alone, resides the power of +enacting laws and regulations for the government of the craft, and of +altering, repealing, and abrogating them." General regulations for the +government of the whole craft throughout the world can no longer be +enacted by a Grand Lodge. The multiplication of these bodies, since the +year 1717, has so divided the supremacy that no regulation now enacted can +have the force and authority of those adopted by the Grand Lodge of +England in 1721, and which now constitute a part of the fundamental law of +Masonry, and as such are unchangeable by any modern Grand Lodge. + +Any Grand Lodge may, however, enact local laws for the direction of its +own special affairs, and has also the prerogative of enacting the +regulations which are to govern all its subordinates and the craft +generally in its own jurisdiction. From this legislative power, which +belongs exclusively to the Grand Lodge, it follows that no subordinate +lodge can make any new bye-laws, nor alter its old ones, without the +approval and confirmation of the Grand Lodge. Hence, the rules and +regulations of every lodge are inoperative until they are submitted to and +approved by the Grand Lodge. The confirmation of that body is the enacting +clause; and, therefore, strictly speaking, it may be said that the +subordinates only propose the bye-laws, and the Grand Lodge enacts them. + + + +Section III. + +_Of the Judicial Power of a Grand Lodge._ + + +The passage already quoted from the English Constitutions continues to +say, that "the Grand Lodge has the inherent power of investigating, +regulating and deciding all matters relative to the craft, or to +particular lodges, or to individual Brothers, which it may exercise, +either of itself, or by such delegated authority as in its wisdom and +discretion it may appoint." Under the first clause of this section, the +Grand Lodge is constituted as the Supreme Masonic Tribunal of its +jurisdiction. But as it would be impossible for that body to investigate +every masonic offense that occurs within its territorial limits, with that +full and considerate attention that the principles of justice require, it +has, under the latter clause of the section, delegated this duty, in +general, to the subordinate lodges, who are to act as its committees, and +to report the results of their inquiry for its final disposition. From +this course of action has risen the erroneous opinion of some persons, +that the jurisdiction of the Grand Lodge is only appellate in its +character. Such is not the case. The Grand Lodge possesses an original +jurisdiction over all causes occurring within its limits. It is only for +expediency that it remits the examination of the merits of any case to a +subordinate lodge as a _quasi_ committee. It may, if it thinks proper, +commence the investigation of any matter concerning either a lodge, or an +individual brother within its own bosom, and whenever an appeal from the +decision of a lodge is made, which, in reality, is only a dissent from the +report of the lodge, the Grand Lodge does actually recommence the +investigation _de novo_, and, taking the matter out of the lodge, to whom +by its general usage it had been primarily referred, it places it in the +hands of another committee of its own body for a new report. The course of +action is, it is true, similar to that in law, of an appeal from an +inferior to a superior tribunal. But the principle is different. The Grand +Lodge simply confirms or rejects the report that has been made to it, and +it may do that without any appeal having been entered. It may, in fact, +dispense with the necessity of an investigation by and report from a +subordinate lodge altogether, and undertake the trial itself from the +very inception. But this, though a constitutional, is an unusual course. +The subordinate lodge is the instrument which the Grand Lodge employs in +considering the investigation. It may or it may not make use of the +instrument, as it pleases. + + + +Section IV. + +_Of the Executive Power of a Grand Lodge._ + + +The English Constitutions conclude, in the passage that has formed the +basis of our previous remarks, by asserting that "in the Grand Lodge, +alone, resides the power of erasing lodges and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate +authority." The power of the Grand Lodge to erase lodges is accompanied +with a coincident power of constituting new lodges. This power it +originally shared with the Grand Master, and still does in England; but in +this country the power of the Grand Lodge is paramount to that of the +Grand Master. The latter can only constitute lodges temporarily, by +dispensation, and his act must be confirmed, or may be annulled by the +Grand Lodge. It is not until a lodge has received its Warrant of +Constitution from the Grand Lodge, that it can assume the rank and +exercise the prerogatives of a regular and legal lodge. + +The expelling power is one that is very properly intrusted to the Grand +Lodge, which is the only tribunal that should impose a penalty affecting +the relations of the punished party with the whole fraternity. Some of the +lodges in this country have claimed the right to expel independently of +the action of the Grand Lodge. But the claim is founded on an erroneous +assumption of powers that have never existed, and which are not recognized +by the ancient constitutions, nor the general usages of the fraternity. A +subordinate lodge tries its delinquent member, under the provisions which +have already been stated, and, according to the general usage of lodges in +the United States, declares him expelled. But the sentence is of no force +nor effect until it has been confirmed by the Grand Lodge, which may, or +may not, give the required confirmation, and which, indeed, often refuses +to do so, but actually reverses the sentence. It is apparent, from the +views already expressed on the judicial powers of the Grand Lodge, that +the sentence of expulsion uttered by the subordinate is to be taken in +the sense of a recommendatory report, and that it is the confirmation and +adoption of that report by the Grand Lodge that alone gives it vitality +and effect. + +The expelling power presumes, of course, coincidently, the reinstating +power. As the Grand Lodge alone can expel, it also alone can reinstate. + +These constitute the general powers and prerogatives of a Grand Lodge. Of +course there are other local powers, assumed by various Grand Lodges, and +differing in the several jurisdictions, but they are all derived from some +one of the three classes that we have enumerated. From these views, it +will appear that a Grand Lodge is the supreme legislative, judicial, and +executive authority of the Masonic jurisdiction in which it is situated. +It is, to use a feudal term, "the lord paramount" in Masonry. It is a +representative body, in which, however, it constituents have delegated +everything and reserved no rights to themselves. Its authority is almost +unlimited, for it is restrained by but a single check:--_It cannot alter +or remove the ancient landmarks_. + + + + + +Book Second + +Laws of Subordinate Lodges. + + + +Having thus succinctly treated of the law in relation to Grand Lodges, I +come next in order to consider the law as it respects the organization, +rights, powers, and privileges of subordinate Lodges; and the first +question that will engage our attention will be, as to the proper method +of organizing a Lodge. + + + + +Chapter I. + +Of the Nature and Organization of Subordinate Lodges. + + + +The old charges define a Lodge to be "a place where Masons assemble and +work;" and also "that assembly, or duly organized society of Masons." The +lecture on the first degree gives a still more precise definition. It says +that "a lodge is an assemblage of Masons, duly congregated, having the +Holy Bible, square, and compasses, and a charter, or warrant of +constitution, empowering them to work." + +Every lodge of Masons requires for its proper organization, that it should +have been congregated by the permission of some superior authority, which +may be either a Grand Master or a Grand Lodge. When a lodge is organized +by the authority of a Grand Master, it is said to work under a +Dispensation, and when by the authority of a Grand Lodge, it is said to +work under a warrant of constitution. In the history of a lodge, the +former authority generally precedes the latter, the lodge usually working +for some time under the dispensation of the Grand Master, before it is +regularly warranted by the Grand Lodge. But this is not necessarily the +case. A Grand Lodge will sometimes grant a warrant of constitution at +once, without the previous exercise, on the part of the Grand Master, of +his dispensing power. As it is, however, more usually the practice for the +dispensation to precede the warrant of constitution, I shall explain the +formation of a lodge according to that method. + +Any number of Master Masons, not under seven, being desirous of uniting +themselves into a lodge, apply by petition to the Grand Master for the +necessary authority. This petition must set forth that they now are, or +have been, members of a regularly constituted lodge, and must assign, as a +reason for their application, that they desire to form the lodge "for the +conveniency of their respective dwellings," or some other sufficient +reason. The petition must also name the brethren whom they desire to act +as their Master and Wardens, and the place where they intend to meet; and +it must be recommended by the nearest lodge. + +Dalcho says that not less than three Master Masons should sign the +petition; but in this he differs from all the other authorities, which +require not less than seven. This rule, too, seems to be founded in +reason; for, as it requires seven Masons to constitute a quorum for +opening and holding a lodge of Entered Apprentices, it would be absurd to +authorize a smaller number to organize a lodge which, after its +organization, could not be opened, nor make Masons in that degree. + +Preston says that the petition must be recommended "by the Masters of +three regular lodges adjacent to the place where the new lodge is to be +held." Dalcho says it must be recommended "by three other known and +approved Master Masons," but does not make any allusion to any adjacent +lodge. The laws and regulations of the Grand Lodge of Scotland require the +recommendation to be signed "by the Masters and officers of two of the +nearest lodges." The Constitutions of the Grand Lodge of England require +that it must be recommended "by the officers of some regular lodge." The +recommendation of a neighboring lodge is the general usage of the craft, +and is intended to certify to the superior authority, on the very best +evidence that can be obtained, that, namely, of an adjacent lodge, that +the new lodge will be productive of no injury to the Order. + +If this petition be granted, the Grand Secretary prepares a document +called a _dispensation_, which authorizes the officers named in the +petition to open and hold a lodge, and to "enter, pass, and raise +Freemasons." The duration of this dispensasation is generally expressed on +its face to be, "until it shall be revoked by the Grand Master or the +Grand Lodge, or until a warrant of constitution is granted by the Grand +Lodge." Preston says, that the Brethren named in it are authorized "to +assemble as Masons for forty days, and until such time as a warrant of +constitution can be obtained by command of the Grand Lodge, or that +authority be recalled." But generally, usage continues the dispensation +only until the next meeting of the Grand Lodge, when it is either revoked, +or a warrant of constitution granted. + +If the dispensation be revoked by either the Grand Master or the Grand +Lodge (for either has the power to do so), the lodge of course at once +ceases to exist. Whatever funds or property it has accumulated revert, as +in the case of all extinct lodges, to the Grand Lodge, which may be called +the natural heir of its subordinates; but all the work done in the lodge, +under the dispensation, is regular and legal, and all the Masons made by +it are, in every sense of the term, "true and lawful Brethren." + +Let it be supposed, however, that the dispensation is confirmed or +approved by the Grand Lodge, and we thus arrive at another step in the +history of the new lodge. At the next sitting of the Grand Lodge, after +the dispensation has been issued by the Grand Master, he states that fact +to the Grand Lodge, when, either at his request, or on motion of some +Brother, the vote is taken on the question of constituting the new lodge, +and, if a majority are in favor of it, the Grand Secretary is ordered to +grant a warrant of constitution. + +This instrument differs from a dispensation in many important particulars. +It is signed by all the Grand Officers, and emanates from the Grand Lodge, +while the dispensation emanates from the office of the Grand Master, and +is signed by him alone. The authority of the dispensation is temporary, +that of the warrant permanent; the one can be revoked at pleasure by the +Grand Master, who granted it; the other only for cause shown, and by the +Grand Lodge; the one bestows only a name, the other both a name and a +number; the one confers only the power of holding a lodge and making +Masons, the other not only confers these powers, but also those of +installation and of succession in office. From these differences in the +characters of the two documents, arise important differences in the powers +and privileges of a lodge under dispensation and of one that has been +regularly constituted. These differences shall hereafter be considered. + +The warrant having been granted, there still remain certain forms and +ceremonies to be observed, before the lodge can take its place among the +legal and registered lodges of the jurisdiction in which it is situated. +These are its consecration, its dedication, its constitution, and the +installation of its officers. We shall not fully enter into a description +of these various ceremonies, because they are laid down at length in all +the Monitors, and are readily accessible to our readers. It will be +sufficient if we barely allude to their character. + +The ceremony of constitution is so called, because by it the lodge becomes +constituted or established. Orthoepists define the verb to constitute, as +signifying "to give a formal existence to anything." Hence, to constitute +a lodge is to give it existence, character, and standing as such; and the +instrument that warrants the person so constituting or establishing it, in +this act, is very properly called the "warrant of constitution." + +The consecration, dedication, and constitution of a lodge must be +performed by the Grand Master in person; or, if he cannot conveniently +attend, by some Past Master appointed by him as his special proxy or +representative for that purpose. On the appointed evening, the Grand +Master, accompanied by his Grand Officers, repairs to the place where the +new lodge is to hold its meetings, the lodge[29] having been placed in the +centre of the room and decently covered with a piece of white linen or +satin. Having taken the chair, he examines the records of the lodge and +the warrant of constitution; the officers who have been chosen are +presented before him, when he inquires of the Brethren if they continue +satisfied with the choice they have made. The ceremony of consecration is +then performed. The Lodge is uncovered; and corn, wine, and oil--the +masonic elements of consecration--are poured upon it, accompanied by +appropriate prayers and invocations, and the lodge is finally declared to +be consecrated to the honor and glory of God. + +This ceremony of consecration has been handed down from the remotest +antiquity. A consecrating--a separating from profane things, and making +holy or devoting to sacred purposes--was practiced by both the Jews and +the Pagans in relation to their temples, their altars, and all their +sacred utensils. The tabernacle, as soon as it was completed, was +consecrated to God by the unction of oil. Among the Pagan nations, the +consecration of their temples was often performed with the most sumptuous +offerings and ceremonies; but oil was, on all occasions, made use of as an +element of the consecration. The lodge is, therefore, consecrated to +denote that henceforth it is to be set apart as an asylum sacred to the +cultivation of the great masonic principles of Friendship, Morality, and +Brotherly Love. Thenceforth it becomes to the conscientious Mason a place +worthy of his reverence; and he is tempted, as he passes over its +threshold, to repeat the command given to Moses: "Put off thy shoes from +off thy feet, for the place whereon thou standest is holy ground." + +The corn, wine, and oil are appropriately adopted as the Masonic elements +of consecration, because of the symbolic signification which they present +to the mind of the Mason. They are enumerated by David as among the +greatest blessings which we receive from the bounty of Divine Providence. +They were annually offered by the ancients as the first fruits, in a +thank-offering for the gifts of the earth; and as representatives of "the +corn of nourishment, the wine of refreshment, and the oil of joy," they +symbolically instruct the Mason that to the Grand Master of the Universe +he is indebted for the "health, peace, and plenty" that he enjoys. + +After the consecration of the lodge, follows its dedication. This is a +simple ceremony, and principally consists in the pronunciation of a +formula of words by which the lodge is declared to be dedicated to the +holy Saints John, followed by an invocation that "every Brother may revere +their character and imitate their virtues." + +Masonic tradition tells us that our ancient Brethren dedicated their +lodges to King Solomon, because he was their first Most Excellent Grand +Master; but that modern Masons dedicate theirs to St. John the Baptist and +St. John the Evangelist, because they were two eminent patrons of Masonry. +A more appropriate selection of patrons to whom to dedicate the lodge, +could not easily have been made; since St. John the Baptist, by +announcing the approach of Christ, and by the mystical ablution to which +he subjected his proselytes, and which was afterwards adopted in the +ceremony of initiation into Christianity, might well be considered as the +Grand Hierophant of the Church; while the mysterious and emblematic nature +of the Apocalypse assimilated the mode of teaching adopted by St. John the +Evangelist to that practiced by the fraternity. Our Jewish Brethren +usually dedicate their lodges to King Solomon, thus retaining their +ancient patron, although they thereby lose the benefit of that portion of +the Lectures which refers to the "lines parallel." The Grand Lodge of +England, at the union in 1813, agreed to dedicate to Solomon and Moses, +applying the parallels to the framer of the tabernacle and the builder of +the temple; but they have no warranty for this in ancient usage, and it is +unfortunately not the only innovation on the ancient landmarks that that +Grand Lodge has lately permitted. + +The ceremony of dedication, like that of consecration, finds its archetype +in the remotest antiquity. The Hebrews made no use of any new thing until +they had first solemnly dedicated it. This ceremony was performed in +relation even to private houses, as we may learn from the book of +Deuteronomy.[30] The 30th Psalm is a song said to have been made by David +on the dedication of the altar which he erected on the threshing-floor of +Ornan the Jebusite, after the grievous plague which had nearly devastated +the kingdom. Solomon, it will be recollected, dedicated the temple with +solemn ceremonies, prayers, and thank-offerings. The ceremony of +dedication is, indeed, alluded to in various portions of the Scriptures. + +Selden[31] says that among the Jews sacred things were both dedicated and +consecrated; but that profane things, such as private houses, etc., were +simply dedicated, without consecration. The same writer informs us that +the Pagans borrowed the custom of consecrating and dedicating their sacred +edifices, altars, and images, from the Hebrews. + +The Lodge having been thus consecrated to the solemn objects of +Freemasonry, and dedicated to the patrons of the institution, it is at +length prepared to be constituted. The ceremony of constitution is then +performed by the Grand Master, who, rising from his seat, pronounces the +following formulary of constitution: + +"In the name of the most Worshipful Grand Lodge, I now constitute and form +you, my beloved Brethren, into a regular lodge of Free and Accepted +Masons. From this time forth, I empower you to meet as a regular lodge, +constituted in conformity to the rites of our Order, and the charges of +our ancient and honorable fraternity;--and may the Supreme Architect of +the Universe prosper, direct, and counsel you, in all your doings." + +This ceremony places the lodge among the registered lodges of the +jurisdiction in which it is situated, and gives it a rank and standing and +permanent existence that it did not have before. In one word, it has, by +the consecration, dedication, and constitution, become what we technically +term "a just and legally constituted lodge," and, as such, is entitled to +certain rights and privileges, of which we shall hereafter speak. Still, +however, although the lodge has been thus fully and completely organized, +its officers have as yet no legal existence. To give them this, it is +necessary that they be inducted into their respective offices, and each +officer solemnly bound to the faithful performance of the duties he has +undertaken to discharge. This constitutes the ceremony of installation. +The Worshipful Master of the new lodge is required publicly to submit to +the ancient charges; and then all, except Past Masters, having retired, he +is invested with the Past Master's degree, and inducted into the oriental +chair of King Solomon. The Brethren are then introduced, and due homage is +paid to their new Master, after which the other officers are obligated to +the faithful discharge of their respective trusts, invested with their +insignia of office, and receive the appropriate charge. This ceremony must +be repeated at every annual election and change of officers. + +The ancient rule was, that when the Grand Master and his officers attended +to constitute a new lodge, the Deputy Grand Master invested the new +Master, the Grand Wardens invested the new Wardens, and the Grand +Treasurer and Grand Secretary invested the Treasurer and Secretary. But +this regulation has become obsolete, and the whole installation and +investiture are now performed by the Grand Master. On the occasion of +subsequent installations, the retiring Master installs his successor; and +the latter installs his subordinate officers. + +The ceremony of installation is derived from the ancient custom of +inauguration, of which we find repeated instances in the sacred as well as +profane writings. Aaron was inaugurated, or installed, by the unction of +oil, and placing on him the vestments of the High Priest; and every +succeeding High Priest was in like manner installed, before he was +considered competent to discharge the duties of his office. Among the +Romans, augurs, priests, kings, and, in the times of the republic, consuls +were always inaugurated or installed. And hence, Cicero, who was an augur, +speaking of Hortensius, says, "it was he who installed me as a member of +the college of augurs, so that I was bound by the constitution of the +order to respect and honour him as a parent."[32] The object and intention +of the ancient inauguration and the Masonic installation are precisely the +same, namely, that of setting apart and consecrating a person to the +duties of a certain office. + +The ceremonies, thus briefly described, were not always necessary to +legalize a congregation of Masons. Until the year 1717, the custom of +confining the privileges of Masonry, by a warrant of constitution, to +certain individuals, was wholly unknown. Previous to that time, a +requisite number of Master Masons were authorized by the ancient charges +to congregate together, temporarily, at their own discretion, and as best +suited their convenience, and then and there to open and hold lodges and +make Masons; making, however, their return, and paying their tribute to +the General Assembly, to which all the fraternity annually repaired, and +by whose awards the craft were governed. + +Preston, speaking of this ancient privilege, says: "A sufficient number of +Masons met together within a certain district, with the consent of the +sheriff or chief magistrate of the place, were empowered at this time to +make Masons and practice the rights of Masonry, without a warrant of +constitution." This privilege, Preston says, was inherent in them as +individuals, and continued to be enjoyed by the old lodges, which formed +the Grand Lodge in 1717, as long as they were in existence. + +But on the 24th June, 1717, the Grand Lodge of England adopted the +following regulation: "That the privilege of assembling as Masons, which +had hitherto been unlimited, should be vested in certain lodges or +assemblies of Masons, convened in certain places; and that every lodge to +be hereafter convened, except the four old lodges at this time existing, +should be legally authorized to act by a warrant from the Grand Master for +the time being, granted to certain individuals by petition, with the +consent and approbation of the Grand Lodge in communication; and that, +without such warrant, no lodge should be hereafter deemed regular or +constitutional." + +This regulation has ever since continued in force, and it is the original +law under which warrants of constitution are now granted by Grand Lodges +for the organization of their subordinates. + + + + +Chapter II. + +Of Lodges under Dispensation. + + + +It is evident, from what has already been said, that there are two kinds +of lodges, each regular in itself, but each peculiar and distinct in its +character. There are lodges working under a dispensation, and lodges +working under a warrant of constitution. Each of these will require a +separate consideration. The former will be the subject of the present +chapter. + +A lodge working under a dispensation is a merely temporary body, +originated for a special purpose, and is therefore possessed of very +circumscribed powers. The dispensation, or authority under which it acts, +expressly specifies that the persons to whom it is given are allowed to +congregate that they may "admit, enter, pass, and raise Freemasons;" no +other powers are conferred either by words or implication, and, indeed, +sometimes the dispensation states, that that congregation is to be "with +the sole intent and view, that the Brethren so congregated, admitted, +entered, and made, when they become a sufficient number, may be duly +warranted and constituted for being and holding a regular lodge."[33] + +A lodge under dispensation is simply the creature of the Grand Master. To +him it is indebted for its existence, and on his will depends the duration +of that existence. He may at any time revoke the dispensation, and the +dissolution of the lodge would be the instant result. Hence a lodge +working under a dispensation can scarcely, with strict technical +propriety, be called a lodge; it is, more properly speaking, a +congregation of Masons, acting as the proxy of the Grand Master. + +With these views of the origin and character of lodges under dispensation, +we will be better prepared to understand the nature and extent of the +powers which they possess. + +A lodge under dispensation can make no bye-laws. It is governed, during +its temporary existence, by the general Constitutions of the Order and the +rules and regulations of the Grand Lodge in whose jurisdiction it is +situated. In fact, as the bye-laws of no lodge are operative until they +are confirmed by the Grand Lodge, and as a lodge working under a +dispensation ceases to exist as such as soon as the Grand Lodge meets, it +is evident that it would be absurd to frame a code of laws which would +have no efficacy, for want of proper confirmation, and which, when the +time and opportunity for confirmation had arrived, would be needless, as +the society for which they were framed would then have no legal +existence--a new body (the warranted lodge) having taken its place. + +A lodge under dispensation cannot elect officers. The Master and Wardens +are nominated by the Brethren, and, if this nomination is approved, they +are appointed by the Grand Master. In giving them permission to meet and +make Masons, he gave them no power to do anything else. A dispensation is +itself a setting aside of the law, and an exception to a general +principle; it must, therefore, be construed literally. What is not granted +in express terms, is not granted at all. And, therefore, as nothing is +said of the election of officers, no such election can be held. The Master +may, however, and always does for convenience, appoint a competent +Brother to keep a record of the proceedings; but this is a temporary +appointment, at the pleasure of the Master, whose deputy or assistant he +is; for the Grand Lodge looks only to the Master for the records, and the +office is not legally recognized. In like manner, he may depute a trusty +Brother to take charge of the funds, and must, of course, from time to +time, appoint the deacons and tiler for the necessary working of the +lodge. + +As there can be no election, neither can there be any installation, which, +of course, always presumes a previous election for a determinate period. +Besides, the installation of officers is a part of the ceremony of +constitution, and therefore not even the Master and Wardens of a lodge +under dispensation are entitled to be thus solemnly inducted into office. + +A lodge under dispensation can elect no members. The Master and Wardens, +who are named in the dispensation, are, in point of fact, the only persons +recognized as constituting the lodge. To them is granted the privilege, as +proxies of the Grand Master, of making Masons; and for this purpose they +are authorized to congregate a sufficient number of Brethren to assist +them in the ceremonies. But neither the Master and Wardens, nor the +Brethren, thus congregated have received any power of electing members. +Nor are the persons made in a lodge under dispensation, to be considered +as members of the lodge; for, as has already been shown, they have none of +the rights and privileges which attach to membership--they can neither +make bye-laws nor elect officers. They, however, become members of the +lodge as soon as it receives its warrant of constitution. + + + + +Chapter III. + + +Of Lodges Working under a Warrant of Constitution. + + + +Section I. + +_Of the Powers and Rights of a Lodge._ + + +In respect to the powers and privileges possessed by a lodge working under +a warrant of constitution, we may say, as a general principle, that +whatever it does possess is inherent in it--nothing has been delegated by +either the Grand Master or the Grand Lodge--but that all its rights and +powers are derived originally from the ancient regulations, made before +the existence of Grand Lodges, and that what it does not possess, are the +powers which were conceded by its predecessors to the Grand Lodge. This is +evident from the history of warrants of constitution, the authority under +which subordinate lodges act. The practice of applying by petition to the +Grand Master or the Grand Lodge, for a warrant to meet as a regular +lodge, commenced in the year 1718. Previous to that time, Freemasons were +empowered by inherent privileges, vested, from time immemorial, in the +whole fraternity, to meet as occasion might require, under the direction +of some able architect; and the proceedings of these meetings, being +approved by a majority of the Brethren convened at another lodge in the +same district, were deemed constitutional.[34] But in 1718, a year after +the formation of the Grand Lodge of England, this power of meeting _ad +libitum_ was resigned into the hands of that body, and it was then agreed +that no lodges should thereafter meet, unless authorized so to do by a +warrant from the Grand Master, and with the consent of the Grand Lodge. +But as a memorial that this abandonment of the ancient right was entirely +voluntary, it was at the same time resolved that this inherent privilege +should continue to be enjoyed by the four old lodges who formed the Grand +Lodge. And, still more effectually to secure the reserved rights of the +lodges, it was also solemnly determined, that while the Grand Lodge +possesses the inherent right of making new regulations for the good of the +fraternity, provided that the _old landmarks be carefully preserved_, yet +that these regulations, to be of force, must be proposed and agreed to at +the third quarterly communication preceding the annual grand feast, and +submitted to the perusal of all the Brethren, in writing, even of the +youngest entered apprentice; "_the approbation and consent of the majority +of all the Brethren present being absolutely necessary, to make the same +binding and obligatory_."[35] + +The corollary from all this is clear. All the rights, powers, and +privileges, not conceded, by express enactment of the fraternity, to the +Grand Lodge, have been reserved to themselves. Subordinate lodges are the +assemblies of the craft in their primary capacity, and the Grand Lodge is +the Supreme Masonic Tribunal, only because it consists of and is +constituted by a representation of these primary assemblies. And, +therefore, as every act of the Grand Lodge is an act of the whole +fraternity thus represented, each new regulation that may be made is not +an assumption of authority on the part of the Grand Lodge, but a new +concession on the part of the subordinate lodges. + +This doctrine of the reserved rights of the lodges is very important, and +should never be forgotten, because it affords much aid in the decision of +many obscure points of masonic jurisprudence. The rule is, that any +doubtful power exists and is inherent in the subordinate lodges, unless +there is an express regulation conferring it on the Grand Lodge. With this +preliminary view, we may proceed to investigate the nature and extent of +these reserved powers of the subordinate lodges. + +A lodge has the right of selecting its own members, with which the Grand +Lodge cannot interfere. This is a right that the lodges have expressly +reserved to themselves, and the stipulation is inserted in the "general +regulations" in the following words: + +"No man can be entered a Brother in any particular lodge, or admitted a +member thereof, without the unanimous consent of all the members of that +lodge then present, when the candidate is proposed, and when their consent +is formally asked by the Master. They are to give their consent in their +own prudent way, either virtually or in form, but with unanimity. Nor is +this inherent privilege subject to a dispensation, because the members of +a particular lodge are the best judges of it; and because, if a turbulent +member should be imposed upon them, it might spoil their harmony, or +hinder the freedom of their communication; or even break and disperse the +lodge, which ought to be avoided by all true and faithful."[36] + +But although a lodge has the inherent right to require unanimity in the +election of a candidate, it is not necessarily restricted to such a degree +of rigor. + +A lodge has the right to elect its own officers. This right is guaranteed +to it by the words of the Warrant of Constitution. Still the right is +subject to certain restraining regulations. The election must be held at +the proper time, which, according to the usage of Masonry, in most parts +of the world, is on or immediately before the festival of St. John the +Evangelist. The proper qualifications must be regarded. A member cannot be +elected as Master, unless he has previously served as a Warden, except in +the instance of a new lodge, or other case of emergency. Where both of the +Wardens refuse promotion, where the presiding Master will not permit +himself to be reelected, and where there is no Past Master who will +consent to take the office, then, and then only, can a member be elected +from the floor to preside over the lodge. + +By the Constitutions of England, only the Master and Treasurer are elected +officers.[37] The Wardens and all the other officers are appointed by the +Master, who has not, however, the power of removal after appointment, +except by consent of the lodge;[38] but American usage gives the election +of all the officers, except the deacons, stewards, and, in some instances, +the tiler, to the lodge. + +As a consequence of the right of election, every lodge has the power of +installing its officers, subject to the same regulations, in relation to +time and qualifications, as given in the case of elections. + +The Master must be installed by a Past Master,[39] but after his own +installation he has the power to install the rest of the officers. The +ceremony of installation is not a mere vain and idle one, but is +productive of important results. Until the Master and Wardens of a lodge +are installed, they cannot represent the lodge in the Grand Lodge, nor, if +it be a new lodge, can it be recorded and recognized on the register of +the Grand Lodge. No officer can permanently take possession of the office +to which he has been elected, until he has been duly installed.[40] The +rule of the craft is, that the old officer holds on until his successor is +installed, and this rule is of universal application to officers of every +grade, from the Tiler of a subordinate lodge, to the Grand Master of +Masons. + +Every lodge that has been duly constituted, and its officers installed, is +entitled to be represented in the Grand Lodge, and to form, indeed, a +constituent part of that body.[41] The representatives of a lodge are its +Master and two Wardens.[42] This character of representation was +established in 1718, when the four old lodges, which organized the Grand +Lodge of England, agreed "to extend their patronage to every lodge which +should hereafter be constituted by the Grand Lodge, according to the new +regulations of the society; and while such lodges acted in conformity to +the ancient constitutions of the Order, to admit their Masters and Wardens +to share with them all the privileges of the Grand Lodge, excepting +precedence of rank."[43] Formerly all Master Masons were permitted to sit +in the Grand Lodge, or, as it was then called, the General Assembly, and +represent their lodge; and therefore this restricting the representation +to the three superior officers was, in fact, a concession of the craft. +This regulation is still generally observed; but I regret to see a few +Grand Lodges in this country innovating on the usage, and still further +confining the representation to the Masters alone. + +The Master and Wardens are not merely in name the representatives of the +lodge, but are bound, on all questions that come before the Grand Lodge, +truly to represent their lodge, and vote according to its instructions. +This doctrine is expressly laid down in the General Regulations, in the +following words: "The majority of every particular lodge, when +congregated, not else, shall have the privilege of giving instructions to +their Master and Wardens, before the meeting of the Grand Chapter, or +Quarterly Communication; because the said officers are their +representatives, and are supposed to speak the sentiments of their +Brethren at the said Grand Lodge."[44] + +Every lodge has the power to frame bye-laws for its own government, +provided they are not contrary to, nor inconsistent with, the general +regulations of the Grand Lodge; nor the landmarks of the order.[45] But +these bye-laws will not be valid, until they are submitted to and approved +by the Grand Lodge. And this is the case, also, with every subsequent +alteration of them, which must in like manner be submitted to the Grand +Lodge for its approval. + +A lodge has the right of suspending or excluding a member from his +membership in the lodge; but it has no power to expel him from the rights +and privileges of Masonry, except with the consent of the Grand Lodge. A +subordinate lodge tries its delinquent member, and, if guilty, declares +him expelled; but the sentence is of no force until the Grand Lodge, under +whose jurisdiction it is working, has confirmed it. And it is optional +with the Grand Lodge to do so, or, as is frequently done, to reverse the +decision and reinstate the Brother. Some of the lodges in this country +claim the right to expel, independently of the action of the Grand Lodge; +but the claim is not valid. The very fact that an expulsion is a penalty, +affecting the general relations of the punished party with the whole +fraternity, proves that its exercise never could, with propriety, be +intrusted to a body so circumscribed in its authority as a subordinate +lodge. Accordingly, the general practice of the fraternity is opposed to +it; and therefore all expulsions are reported to the Grand Lodge, not +merely as matters of information, but that they may be confirmed by that +body. The English Constitutions are explicit on this subject. "In the +Grand Lodge alone," they declare, "resides the power of erasing lodges and +expelling Brethren from the craft, a power which it ought not to delegate +to any subordinate authority in England." They allow, however, a +subordinate lodge to _exclude_ a member from the lodge; in which case he +is furnished with a certificate of the circumstances of his exclusion, and +then may join any other lodge that will accept him, after being made +acquainted with the fact of his exclusion, and its cause. This usage has +not been adopted in this country. + +A lodge has a right to levy such annual contribution for membership as the +majority of the Brethren see fit. This is entirely a matter of contract, +with which the Grand Lodge, or the craft in general, have nothing to do. +It is, indeed, a modern usage, unknown to the fraternity of former times, +and was instituted for the convenience and support of the private lodges. + +A lodge is entitled to select a name for itself, to be, however, approved +by the Grand Lodge.[46] But the Grand Lodge alone has the power of +designating the number by which the lodge shall be distinguished. By its +number alone is every lodge recognized in the register of the Grand Lodge, +and according to their numbers is the precedence of the lodges regulated. + +Finally, a lodge has certain rights in relation to its Warrant of +Constitution. This instrument having been granted by the Grand Lodge, can +be revoked by no other authority. The Grand Master, therefore, has no +power, as he has in the case of a lodge under dispensation, to withdraw +its Warrant, except temporarily, until the next meeting of the Grand +Lodge. Nor is it in the power of even the majority of the lodge, by any +act of their own, to resign the Warrant. For it has been laid down as a +law, that if the majority of the lodge should determine to quit the lodge, +or to resign their warrant, such action would be of no efficacy, because +the Warrant of Constitution, and the power of assembling, would remain +with the rest of the members, who adhere to their allegiance.[47] But if +all the members withdraw themselves, their Warrant ceases and becomes +extinct. If the conduct of a lodge has been such as clearly to forfeit its +charter, the Grand Lodge alone can decide that question and pronounce the +forfeiture. + + + +Section II. + +_Of the Duties of a Lodge._ + + +So far in relation to the rights and privileges of subordinate lodges. But +there are certain duties and obligations equally binding upon these +bodies, and certain powers, in the exercise of which they are restricted. +These will next engage our attention. + +The first great duty, not only of every lodge, but of every Mason, is to +see that the landmarks of the Order shall never be impaired. The General +Regulations of Masonry--to which every Master, at his installation, is +bound to acknowledge his submission--declare that "it is not in the power +of any man, or body of men, to make innovations in the body of Masonry." +And, hence, no lodge, without violating all the implied and express +obligations into which it has entered, can, in any manner, alter or amend +the work, lectures, and ceremonies of the institution. As its members +have received the ritual from their predecessors, so are they bound to +transmit it, unchanged, in the slightest degree, to their successors. In +the Grand Lodge, alone, resides the power of enacting new regulations; +but, even _it_ must be careful that, in every such regulation, the +landmarks are preserved. When, therefore, we hear young and inexperienced +Masters speak of making improvements (as they arrogantly call them) upon +the old lectures or ceremonies, we may be sure that such Masters either +know nothing of the duties they owe to the craft, or are willfully +forgetful of the solemn obligation which they have contracted. Some may +suppose that the ancient ritual of the Order is imperfect, and requires +amendment. One may think that the ceremonies are too simple, and wish to +increase them; another, that they are too complicated, and desire to +simplify them; one may be displeased with the antiquated language; +another, with the character of the traditions; a third, with something +else. But, the rule is imperative and absolute, that no change can or must +be made to gratify individual taste. As the Barons of England, once, with +unanimous voice, exclaimed, "Nolumus leges Angliæ mutare!" so do all good +Masons respond to every attempt at innovation, "We are unwilling to alter +the customs of Freemasonry." + +In relation to the election of officers, a subordinate lodge is allowed to +exercise no discretion. The names and duties of these officers are +prescribed, partly by the landmarks or the ancient constitutions, and +partly by the regulations of various Grand Lodges. While the landmarks are +preserved, a Grand Lodge may add to the list of officers as it pleases; +and whatever may be its regulation, the subordinate lodges are bound to +obey it; nor can any such lodge create new offices nor abolish old ones +without the consent of the Grand Lodge. + +Lodges are also bound to elect their officers at a time which is always +determined; not by the subordinate, but by the Grand Lodge. Nor can a +lodge anticipate or postpone it unless by a dispensation from the Grand +Master. + +No lodge can, at an extra meeting, alter or amend the proceedings of a +regular meeting. If such were not the rule, an unworthy Master might, by +stealth, convoke an extra meeting of a part of his lodge, and, by +expunging or altering the proceedings of the previous regular meeting, or +any particular part of them, annul any measures or resolutions that were +not consonant with his peculiar views. + +No lodge can interfere with the work or business of any other lodge, +without its permission. This is an old regulation, founded on those +principles of comity and brotherly love that should exist among all +Masons. It is declared in the manuscript charges, written in the reign of +James II., and in the possession of the Lodge of Antiquity, at London, +that "no Master or Fellow shall supplant others of their work; that is to +say, that, if he hath taken a work, or else stand Master of any work, that +he shall not put him out, unless he be unable of cunning to make an end of +his work." And, hence, no lodge can pass or raise a candidate who was +initiated, or initiate one who was rejected, in another lodge. "It would +be highly improper," says the Ahiman Rezon, "in any lodge, to confer a +degree on a Brother who is not of their house-hold; for, every lodge +ought to be competent to manage their own business, and are the best +judges of the qualifications of their own members." + +I do not intend, at the present time, to investigate the qualifications of +candidates--as that subject will, in itself, afford ample materials for a +future investigation; but, it is necessary that I should say something of +the restrictions under which every lodge labors in respect to the +admission of persons applying for degrees. + +In the first place, no lodge can initiate a candidate, "without previous +notice, and due examination into his character; and not unless his +petition has been read at one regular meeting and acted on at another." +This is in accordance with the ancient regulations; but, an exception to +it is allowed in the case of an emergency, when the lodge may read the +petition for admission, and, if the applicant is well recommended, may +proceed at once to elect and initiate him. In some jurisdictions, the +nature of the emergency must be stated to the Grand Master, who, if he +approves, will grant a dispensation; but, in others, the Master, or Master +and Wardens, are permitted to be competent judges, and may proceed to +elect and initiate, without such dispensation. The Grand Lodge of South +Carolina adheres to the former custom, and that of England to the latter. + +Another regulation is, that no lodge can confer more than two degrees, at +one communication, on the same candidate. The Grand Lodge of England is +still more stringent on this subject, and declares that "no candidate +shall be permitted to receive more than one degree, on the same day; nor +shall a higher degree in Masonry be conferred on any Brother at a less +interval than four weeks from his receiving a previous degree, nor until +he has passed an examination, in open lodge, in that degree." This rule is +also in force in South Carolina and several other of the American +jurisdictions. But, the law which forbids the whole three degrees of +Ancient Craft Masonry to be conferred, at the same communication, on one +candidate, is universal in its application, and, as such, may be deemed +one of the ancient landmarks of the Order. + +There is another rule, which seems to be of universal extent, and is, +indeed, contained in the General Regulations of 1767, to the following +effect: "No lodge shall make more than five new Brothers at one and the +same time, without an urgent necessity." + +All lodges are bound to hold their meetings at least once in every +calendar month; and every lodge neglecting so to do for one year, thereby +forfeits its warrant of constitution. + +The subject of the removal of lodges is the last thing that shall engage +our attention. Here the ancient regulations of the craft have adopted many +guards to prevent the capricious or improper removal of a lodge from its +regular place of meeting. In the first place, no lodge can be removed from +the town in which it is situated, to any other place, without the consent +of the Grand Lodge. But, a lodge may remove from one part of the town to +another, with the consent of the members, under the following +restrictions: The removal cannot be made without the Master's knowledge; +nor can any motion, for that purpose, be presented in his absence. When +such a motion is made, and properly seconded, the Master will order +summonses to every member, specifying the business, and appointing a day +for considering and determining the affair. And if then a majority of the +lodge, with the Master, or two-thirds, without him, consent to the +removal, it shall take place; but notice thereof must be sent, at once, to +the Grand Lodge. The General Regulations of 1767 further declare, that +such removal must be approved by the Grand Master. I suppose that where +the removal of the lodge was only a matter of convenience to the members, +the Grand Lodge would hardly interfere, but leave the whole subject to +their discretion; but, where the removal would be calculated to affect the +interests of the lodge, or of the fraternity--as in the case of a removal +to a house of bad reputation, or to a place of evident insecurity--I have +no doubt that the Grand Lodge, as the conservator of the character and +safety of the institution, would have a right to interpose its authority, +and prevent the improper removal. + +I have thus treated, as concisely as the important nature of the subjects +would permit, of the powers, privileges, duties, and obligations of +lodges, and have endeavored to embrace, within the limits of the +discussion, all those prominent principles of the Order, which, as they +affect the character and operations of the craft in their primary +assemblies, may properly be referred to the Law of Subordinate Lodges. + + + + +Chapter IV. + +Of the Officers of a Subordinate Lodge. + + + +Section I. + +_Of the Officers in General._ + + +Four officers, at least, the ancient customs of the craft require in every +lodge; and they are consequently found throughout the globe. These are the +Master, the two Wardens, and the Tiler. Almost equally universal are the +offices of Treasurer, Secretary, and two Deacons. But, besides these, +there may be additional officers appointed by different Grand Lodges. The +Grand Lodge of England, for instance, requires the appointment of an +officer, called the "Inner Guard." The Grand Orient of France has +prescribed a variety of officers, which are unknown to English and +American Masonry. The Grand Lodges of England and South Carolina direct +that two Stewards shall be appointed, while some other Grand Lodges make +no such requisition. Ancient usage seems to have recognized the following +officers of a subordinate lodge: the Master, two Wardens, Treasurer, +Secretary, two Deacons, two Stewards, and Tiler; and I shall therefore +treat of the duties and powers of these officers only, in the course of +the present chapter. + +The officers of a lodge are elected annually. In this country, the +election takes place on the festival of St. John the Evangelist, or at the +meeting immediately previous; but, in this latter case, the duties of the +offices do not commence until St. John's day, which may, therefore, be +considered as the beginning of the masonic year. + +Dalcho lays down the rule, that "no Freemason chosen into any office can +refuse to serve (unless he has before filled the same office), without +incurring the penalties established by the bye-laws." Undoubtedly a lodge +may enact such a regulation, and affix any reasonable penalty; but I am +not aware of any ancient regulation which makes it incumbent on +subordinate lodges to do so. + +If any of the subordinate officers, except the Master and Wardens, die, or +be removed from office, during the year, the lodge may, under the +authority of a dispensation from the Grand Master, enter into an election +to supply the vacancy. But in the case of the death or removal of the +Master or either of the Wardens, no election can be held to supply the +vacancy, even by dispensation, for reasons which will appear when I come +to treat of those offices. + +No officer can resign his office after he has been installed. Every +officer is elected for twelve months, and at his installation solemnly +promises to perform the duties of that office until the next regular day +of election; and hence the lodge cannot permit him, by a resignation, to +violate his obligation of office. + +Another rule is, that every officer holds on to his office until his +successor has been installed. It is the installation, and not the +election, which puts an officer into possession; and the faithful +management of the affairs of Masonry requires, that between the election +and installation of his successor, the predecessor shall not vacate the +office, but continue to discharge its duties. + +An office can be vacated only by death, permanent removal from the +jurisdiction, or expulsion. Suspension does not vacate, but only suspends +the performance of the duties of the office, which must then be +temporarily discharged by some other person, to be appointed from time to +time; for, as soon as the suspended officer is restored, he resumes the +dignities and duties of his office. + + + +Section II. + +_Of the Worshipful Master._ + + +This is probably the most important office in the whole system of Masonry, +as, upon the intelligence, skill, and fidelity of the Masters of our +lodges, the entire institution is dependent for its prosperity. It is an +office which is charged with heavy responsibilities, and, as a just +consequence, is accompanied by the investiture of many important powers. + +A necessary qualification of the Master of a lodge is, that he must have +previously served in the office of a Warden.[48] This qualification is +sometimes dispensed with in the case of new lodges, or where no member of +an old lodge, who has served as a Warden, will accept the office of +Master. But it is not necessary that he should have served as a Warden in +the lodge of which he is proposed to be elected Master. The discharge of +the duties of a Warden, by regular election and installation in any other +lodge, and at any former period, will be a sufficient qualification. + +One of the most important duties of the Master of a lodge is, to see that +the edicts and regulations of the Grand Lodge are obeyed by his Brethren, +and that his officers faithfully discharge their duties. + +The Master has particularly in charge the warrant of Constitution, which +must always be present in his lodge, when opened. + +The Master has a right to call a special meeting of his lodge whenever he +pleases, and is the sole judge of any emergency which may require such +special communication. + +He has, also, the right of closing his lodge at any hour that he may deem +expedient, notwithstanding the whole business of the evening may not have +been transacted. This regulation arises from the unwritten law of Masonry. +As the Master is responsible to the Grand Lodge for the fidelity of the +work done in his lodge, and as the whole of the labor is, therefore, +performed under his superintendence, it follows that, to enable him to +discharge this responsibility, he must be invested with the power of +commencing, of continuing, or of suspending labor at such time as he may, +in his wisdom, deem to be the most advantageous to the edifice of Masonry. + +It follows from this rule that a question of adjournment cannot be +entertained in a lodge. The adoption of a resolution to adjourn, would +involve the necessity of the Master to obey it. The power, therefore, of +controlling the work, would be taken out of his hands and placed in those +of the members, which would be in direct conflict with the duties imposed +upon him by the ritual. The doctrine that a lodge cannot adjourn, but must +be closed or called off at the pleasure of the Master, appears now to me +to be very generally admitted. + +The Master and his two Wardens constitute the representatives of the lodge +in the Grand Lodge, and it is his duty to attend the communications of +that body "on all convenient occasions."[49] When there, he is faithfully +to represent his lodge, and on all questions discussed, to obey its +instructions, voting in every case rather against his own convictions than +against the expressed wish of his lodge. + +The Master presides not only over the symbolic work of the lodge, but +also over its business deliberations, and in either case his decisions are +reversible only by the Grand Lodge. There can be no appeal from his +decision, on any question, to the lodge. He is supreme in his lodge, so +far as the lodge is concerned, being amenable for his conduct in the +government of it, not to its members, but to the Grrand Lodge alone. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. If a member is aggrieved by the +conduct or decisions of the Master, he has his redress by an appeal to the +Grrand Lodge, which will, of course, see that the Master does not rule his +lodge "in an unjust or arbitrary manner." But such a thing as an appeal +from the Master of the lodge to its members is unknown in Masonry. + +This may, at first sight, appear to be giving too despotic power to the +Master. But a slight reflection will convince any one that there can be +but little danger of oppression from one so guarded and controlled as a +Master is, by the sacred obligations of his office, and the supervision of +the Grand Lodge, while the placing in the hands of the craft so powerful, +and at times, and with bad spirits, so annoying a privilege as that of +immediate appeal, would necessarily tend to impair the energies and +lessen the dignity of the Master, while it would be subversive of that +spirit of discipline which pervades every part of the institution, and to +which it is mainly indebted for its prosperity and perpetuity. + +The ancient charges rehearsed at the installation of a Master, prescribe +the various moral qualifications which are required in the aspirant for +that elevated and responsible office. He is to be a good man, and +peaceable citizen or subject, a respecter of the laws, and a lover of his +Brethren--cultivating the social virtues and promoting the general good of +society as well as of his own Order. + +Within the last few years, the standard of intellectual qualifications has +been greatly elevated. And it is now admitted that the Master of a lodge, +to do justice to the exalted office which he holds, to the craft over whom +he presides, and to the candidates whom he is to instruct, should be not +only a man of irreproachable moral character, but also of expanded +intellect and liberal education. Still, as there is no express law upon +this subject, the selection of a Master and the determination of his +qualifications must be left to the judgment and good sense of the +members. + + + +Section III. + +_Of the Wardens._ + + +The Senior and Junior Warden are the assistants of the Master in the +government of the lodge. They are selected from among the members on the +floor, the possession of a previous office not being, as in the case of +the Master, a necessary qualification for election. In England they are +appointed by the Master, but in this country they are universally elected +by the lodge. + +During the temporary absence of the Master the Senior Warden has the right +of presiding, though he may, and often does by courtesy, invite a Past +Master to assume the chair. In like manner, in the absence of both Master +and Senior Warden, the Junior Warden will preside, and competent Brethren +will by him be appointed to fill the vacant seats of the Wardens. But if +the Master and Junior Warden be present, and the Senior Warden be absent, +the Junior Warden does not occupy the West, but retains his own station, +the Master appointing some Brother to occupy the station of the Senior +Warden. For the Junior Warden succeeds by law only to the office of +Master, and, unless that office be vacant, he is bound to fulfill the +duties of the office to which he has been obligated. + +In case of the death, removal from the jurisdiction, or expulsion of the +Master, by the Grand Lodge, no election can be held until the +constitutional period. The Senior Warden will take the Master's place and +preside over the lodge, while his seat will be temporarily filled from +time to time by appointment. The Senior Warden being in fact still in +existence, and only discharging one of the highest duties of his office, +that of presiding in the absence of the Master, his office cannot be +declared vacant and there can be no election for it. In such case, the +Junior Warden, for the reason already assigned, will continue at his own +station in the South. + +In case of the death, removal, or expulsion of both Master and Senior +Warden, the Junior Warden will discharge the duties of the Mastership and +make temporary appointments of both Wardens. It must always be remembered +that the Wardens succeed according to seniority to the office of Master +when vacant, but that neither can legally discharge the duties of the +other. It must also be remembered that when a Warden succeeds to the +government of the lodge, he does not become the Master; he is still only +a Warden discharging the functions of a higher vacated station, as one of +the expressed duties of his own office. A recollection of these +distinctions will enable us to avoid much embarrassment in the +consideration of all the questions incident to this subject. If the Master +be present, the Wardens assist him in the government of the lodge. The +Senior Warden presides over the craft while at labor, and the Junior when +they are in refreshment. Formerly the examination of visitors was +intrusted to the Junior Warden, but this duty is now more appropriately +performed by the Stewards or a special committee appointed for that +purpose. + +The Senior Warden has the appointment of the Senior Deacon, and the Junior +Warden that of the Stewards. + + + +Section IV. + +_Of the Treasurer._ + + +Of so much importance is this office deemed, that in English Lodges, while +all the other officers are appointed by the Master, the Treasurer alone is +elected by the lodge. It is, however, singular, that in the ritual of +installation, Preston furnishes no address to the Treasurer on his +investiture. Webb, however, has supplied the omission, and the charge +given in his work to this officer, on the night of his installation, +having been universally acknowledged and adopted by the craft in this +country, will furnish us with the most important points of the law in +relation to his duties. + +It is, then, in the first place, the duty of the Treasurer "to receive all +moneys from the hands of the Secretary." The Treasurer is only the banker +of the lodge. All fees for initiation, arrearages of members, and all +other dues to the lodge, should be first received by the Secretary, and +paid immediately over to the Treasurer for safe keeping. + +The keeping of just and regular accounts is another duty presented to the +Treasurer. As soon as he has received an amount of money from the +Secretary, he should transfer the account of it to his books. By this +means, the Secretary and Treasurer become mutual checks upon each other, +and the safety of the funds of the lodge is secured. + +The Treasurer is not only the banker, but also the disbursing officer of +the lodge; but he is directed to pay no money except with the consent of +the lodge and on the order of the Worshipful Master. It seems to me, +therefore, that every warrant drawn on him should be signed by the Master, +and the action of the lodge attested by the counter-signature of the +Secretary. + +It is usual, in consequence of the great responsibility of the Treasurer, +to select some Brother of worldly substance for the office; and still +further to insure the safety of the funds, by exacting from him a bond, +with sufficient security. He sometimes receives a per centage, or a fixed +salary, for his services. + + + +Section V. + +_Of the Secretary._ + + +It is the duty of the Secretary to record all the proceedings of the +lodge, "which may be committed to paper;" to conduct the correspondence of +the lodge, and to receive all moneys due the lodge from any source +whatsoever. He is, therefore, the recording, corresponding, and receiving +officer of the lodge. By receiving the moneys due to the lodge in the +first place, and then paying them over to the Treasurer, he becomes, as I +have already observed, a check upon that officer. + +In view of the many laborious duties which devolve upon him, the +Secretary, in many lodges, receives a compensation for his services. + +Should the Treasurer or Secretary die or be expelled, there is no doubt +that an election for a successor, to fill the unexpired term, may be held +by dispensation from the Grand Master. But the incompetency of either of +these officers to perform his duties, by reason of the infirmity of +sickness or removal from the seat of the lodge, will not, I think, +authorize such an election. Because the original officer may recover from +his infirmity, or return to his residence, and, in either case, having +been elected and installed for one year, he must remain the Secretary or +Treasurer until the expiration of the period for which he had been so +elected and installed, and, therefore, on his recovery or his return, is +entitled to resume all the prerogatives and functions of his office. The +case of death, or of expulsion, which is, in fact, masonic death, is +different, because all the rights possessed during life cease _ex +necessitate rei_, and forever lapse at the time of the said physical or +masonic death; and in the latter case, a restoration to all the rights and +privileges of Masonry would not restore the party to any office which he +had held at the time of his expulsion. + + + +Section VI. + +_Of the Deacons._ + + +In every lodge there are two of these officers--a Senior and a Junior +Deacon. They are not elected, but appointed; the former by the Master, and +the latter by the Senior Warden. + +The duties of these officers are many and important; but they are so well +defined in the ritual as to require no further consideration in this +place. + +The only question that here invites our examination is, whether the +Deacons, as appointed officers, are removable at the pleasure of the +officers who appointed them; or, whether they retain their offices, like +the Master and Wardens, until the expiration of the year. Masonic +authorities are silent on this subject; but, basing my judgment upon +analogy, I am inclined to think that they are not removable: all the +officers of a lodge are chosen to serve for one year, or, from one +festival of St. John the Evangelist to the succeeding one. This has been +the invariable usage in all lodges, and neither in the monitorial +ceremonies of installation, nor in any rules or regulations which I have +seen, is any exception to this usage made in respect to Deacons. The +written as well as the oral law of Masonry being silent on this subject, +we are bound to give them the benefit of this silence, and place them in +the same favorable position as that occupied by the superior officers, +who, we know, by express law are entitled to occupy their stations for one +year. Moreover, the power of removal is too important to be exercised +except under the sanction of an expressed law, and is contrary to the +whole spirit of Masonry, which, while it invests a presiding officer with +the largest extent of prerogative, is equally careful of the rights of the +youngest member of the fraternity. + +From these reasons I am compelled to believe that the Deacons, although +originally appointed by the Master and Senior Warden, are not removable by +either, but retain their offices until the expiration of the year. + + + +Section VII. + +_Of the Stewards._ + + +The Stewards, who are two in number, are appointed by the Junior Warden, +and sit on the right and left of him in the lodge. Their original duties +were, "to assist in the collection of dues and subscriptions; to keep an +account of the lodge expenses; to see that the tables are properly +furnished at refreshment, and that every Brother is suitably provided +for." They are also considered as the assistants of the Deacons in the +discharge of their duties, and, lately, some lodges are beginning to +confide to them the important trusts of a standing committee for the +examination of visitors and the preparation of candidates. + +What has been said in relation to the removal of the Deacons in the +preceding section, is equally applicable to the Stewards. + + + +Section VIII. + +_Of the Tiler._ + + +This is an office of great importance, and must, from the peculiar nature +of our institution, have existed from its very beginning. No lodge could +ever have been opened until a Tiler was appointed, and stationed to guard +its portals from the approach of "cowans and eavesdroppers." The +qualifications requisite for the office of a Tiler are, that he must be "a +worthy Master Mason." An Entered Apprentice, or a Fellow Craft, cannot +tile a lodge, even though it be opened in his own degree. To none but +Master Masons can this important duty of guardianship be intrusted. The +Tiler is not necessarily a member of the lodge which he tiles. There is no +regulation requiring this qualification. In fact, in large cities, one +Brother often acts as the Tiler of several lodges. If, however, he is a +member of the lodge, his office does not deprive him of the rights of +membership, and in ballotings for candidates, election of officers, or +other important questions, he is entitled to exercise his privilege of +voting, in which case the Junior Deacon will temporarily occupy his +station, while he enters the lodge to deposit his ballot. This appears to +be the general usage of the craft in this country. + +The Tiler is sometimes elected by the lodge, and sometimes appointed by +the Master. It seems generally to be admitted that he may be removed from +office for misconduct or neglect of duty, by the lodge, if he has been +elected, and by the Master, if he has been appointed. + + + + +Chapter V. + +Of Rules of Order. + + + +The safety of the minority, the preservation of harmony, and the dispatch +of business, all require that there should be, in every well-regulated +society, some rules and forms for the government of their proceedings, +and, as has been justly observed by an able writer on parliamentary law, +"whether these forms be in all cases the most rational or not, is really +not of so great importance; for it is much more material that there should +be a rule to go by, than what that rule is."[50] By common consent, the +rules established for the government of Parliament in England, and of +Congress in the United States, and which are known collectively under the +name of "Parliamentary Law," have been adopted for the regulation of all +deliberative bodies, whether of a public or private nature. But lodges of +Freemasons differ so much in their organization and character from other +societies, that this law will, in very few cases, be found applicable; +and, indeed, in many positively inapplicable to them. The rules, +therefore, for the government of masonic lodges are in general to be +deduced from the usages of the Order, from traditional or written +authority, and where both of them are silent, from analogy to the +character of the institution. To each of these sources, therefore, I shall +apply, in the course of the present chapter, and in some few instances, +where the parliamentary law coincides with our own, reference will be made +to the authority of the best writers on that science. + + + +Section I. + +_Of the Order of Business._ + + +When the Brethren have been "congregated," or called together by the +presiding officer, the first thing to be attended to is the ceremony of +opening the lodge. The consideration of this subject, as it is +sufficiently detailed in our ritual, will form no part of the present +work. + +The lodge having been opened, the next thing to be attended to is the +reading of the minutes of the last communication. The minutes having been +read, the presiding officer will put the question on their confirmation, +having first inquired of the Senior and Junior Wardens, and lastly of the +Brethren "around the lodge," whether they have any alterations to propose. +It must be borne in mind, that the question of confirmation is simply a +question whether the Secretary has faithfully and correctly recorded the +transactions of the lodge. If, therefore, it can be satisfactorily shown +by any one that there is a mis-entry, or the omission of an entry, this is +the time to correct it; and where the matter is of sufficient importance, +and the recording officer, or any member disputes the charge of error, the +vote of the lodge will be taken on the subject, and the journal will be +amended or remain as written, according to the opinion so expressed by the +majority of the members. As this is, however, a mere question of memory, +it must be apparent that those members only who were present at the +previous communication, the records of which are under examination, are +qualified to express a fair opinion. All others should ask and be +permitted to be excused from voting. + +As no special communication can alter or amend the proceedings of a +regular one, it is not deemed necessary to present the records of the +latter to the inspection of the former. This preliminary reading of the +minutes is, therefore, always omitted at special communications. + +After the reading of the minutes, unfinished business, such as motions +previously submitted and reports of committees previously appointed, will +take the preference of all other matters. Special communications being +called for the consideration of some special subject, that subject must of +course claim the priority of consideration over all others. + +In like manner, where any business has been specially and specifically +postponed to another communication, it constitutes at that communication +what is called, in parliamentary law, "the order of the day," and may at +any time in the course of the evening be called up, to the exclusion of +all other business. + +The lodge may, however, at its discretion, refuse to take up the +consideration of such order; for the same body which determined at one +time to consider a question, may at another time refuse to do so. This is +one of those instances in which parliamentary usage is applicable to the +government of a lodge. Jefferson says: "Where an order is made, that any +particular matter be taken up on any particular day, there a question is +to be put, when it is called for, Whether the house will now proceed to +that matter?" In a lodge, however, it is not the usage to propose such a +question, but the matter being called up, is discussed and acted on, +unless some Brother moves its postponement, when the question of +postponement is put. + +But with these exceptions, the unfinished business must first be disposed +of, to avoid its accumulation and its possible subsequent neglect.[51] + +New business will then be taken up in such order as the local bye-laws +prescribe, or the wisdom of the Worshipful Master may suggest. + +In a discussion, when any member wishes to speak, he must stand up in his +place, and address himself not to the lodge, nor to any particular +Brother, but to the presiding officer, styling him "Worshipful." + +When two or more members rise nearly together, the presiding officer +determines who is entitled to speak, and calls him by his name, whereupon +he proceeds, unless he voluntarily sits down, and gives way to the other. +The ordinary rules of courtesy, which should govern a masonic body above +all other societies, as well as the general usage of deliberative bodies, +require that the one first up should be entitled to the floor. But the +decision of this fact is left entirely to the Master, or presiding +officer. + +Whether a member be entitled to speak once or twice to the same question, +is left to the regulation of the local bye-laws of every lodge. But, under +all circumstances, it seems to be conceded, that a member may rise at any +time with the permission of the presiding officer, or for the purpose of +explanation. + +A member may be called to order by any other while speaking, for the use +of any indecorous remark, personal allusion, or irrelevant matter; but +this must be done in a courteous and conciliatory manner, and the question +of order will at once be decided by the presiding officer. + +No Brother is to be interrupted while speaking, except for the purpose of +calling him to order, or to make a necessary explanation; nor are any +separate conversations, or, as they are called in our ancient charges, +"private committees," to be allowed. + +Every member of the Order is, in the course of the debate as well as at +all other times in the lodge, to be addressed by the title of "Brother," +and no secular or worldly titles are ever to be used. + +In accordance with the principles of justice, the parliamentary usage is +adopted, which permits the mover of a resolution to make the concluding +speech, that he may reply to all those who have spoken against it, and sum +up the arguments in its favor. And it would be a breach of order as well +as of courtesy for any of his opponents to respond to this final argument +of the mover. + +It is within the discretion of the Master, at any time in the course of +the evening, to suspend the business of the lodge for the purpose of +proceeding to the ceremony of initiation, for the "work" of Masonry, as it +is technically called, takes precedence of all other business. + +When all business, both old and new, and the initiation of candidates, if +there be any, has been disposed of, the presiding officer inquires of the +officers and members if there be anything more to be proposed before +closing. Custom has prescribed a formulary for making this inquiry, which +is in the following words. + +The Worshipful Master, addressing the Senior and Junior Wardens and then +the Brethren, successively, says: "Brother Senior, have you anything to +offer in the West for the good of Masonry in general or of this lodge in +particular? Anything in the South, Brother Junior? Around the lodge, +Brethren?" The answers to these inquiries being in the negative on the +part of the Wardens, and silence on that of the craft, the Master proceeds +to close the lodge in the manner prescribed in the ritual. + +The reading of the minutes of the evening, not for confirmation, but for +suggestion, lest anything may have been omitted, should always precede the +closing ceremonies, unless, from the lateness of the hour, it be dispensed +with by the members. + + + +Section II. + +_Of Appeals from the Decision of the Chair._ + + +Freemasonry differs from all other institutions, in permitting no appeal +to the lodge from the decision of the presiding officer. The Master is +supreme in his lodge, so far as the lodge is concerned. He is amenable +for his conduct, in the government of the lodge, not to its members, but +to the Grand Lodge alone. In deciding points of order as well as graver +matters, no appeal can be taken from that decision to the lodge. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. It is, in fact, wrong that the +Master should even by courtesy permit such an appeal to be taken; because, +as the Committee of Correspondence of the Grand Lodge of Tennessee have +wisely remarked, by the admission of such appeals by _courtesy_, "is +established ultimately a precedent from which will be claimed _the right +to take_ appeals."[52] If a member is aggrieved with the conduct or the +decisions of the Master, he has his redress by an appeal to the Grand +Lodge, which will of course see that the Master does not rule his lodge +"in an unjust or arbitrary manner." But such a thing as an appeal from the +Master to the lodge is unknown in Masonry. + +This, at first view, may appear to be giving too despotic a power to the +Master. But a little reflection will convince any one that there can be +but slight danger of oppression from one so guarded and controlled as the +Master is by the obligations of his office and the superintendence of the +Grand Lodge, while the placing in the hands of the craft so powerful, and, +with bad spirits, so annoying a privilege as that of immediate appeal, +would necessarily tend to impair the energies and lessen the dignity of +the Master, at the same time that it would be totally subversive of that +spirit of strict discipline which pervades every part of the institution, +and to which it is mainly indebted for its prosperity and perpetuity. + +In every case where a member supposes himself to be aggrieved by the +decision of the Master, he should make his appeal to the Grand Lodge. + +It is scarcely necessary to add, that a Warden or Past Master, presiding +in the absence of the Master, assumes for the time all the rights and +prerogatives of the Master. + + + +Section III. + +_Of the Mode of Taking the Question._ + + +The question in Masonry is not taken _viva voce_ or by "aye" and "nay." +This should always be done by "a show of hands." The regulation on this +subject was adopted not later than the year 1754, at which time the Book +of Constitutions was revised, "and the necessary alterations and additions +made, consistent with the laws and rules of Masonry," and accordingly, in +the edition published in the following year, the regulation is laid down +in these words--"The opinions or votes of the members are always to be +signified by each holding up one of his hands: which uplifted hands the +Grand Wardens are to count; unless the number of hands be so unequal as to +render the counting useless. Nor should any other kind of division be ever +admitted among Masons."[53] + +Calling for the yeas and nays has been almost universally condemned as an +unmasonic practice, nor should any Master allow it to be resorted to in +his lodge. + +Moving the "previous question," a parliamentary invention for stopping all +discussion, is still more at variance with the liberal and harmonious +spirit which should distinguish masonic debates, and is, therefore, never +to be permitted in a lodge. + + + +Section IV. + +_Of Adjournments._ + + +Adjournment is a term not recognized in Masonry. There are but two ways in +which the communication of a lodge can be terminated; and these are either +by _closing_ the lodge, or by _calling from labor to refreshment_. In the +former case the business of the communication is finally disposed of until +the next communication; in the latter the lodge is still supposed to be +open and may resume its labors at any time indicated by the Master. + +But both the time of closing the lodge and of calling it from labor to +refreshment is to be determined by the absolute will and the free judgment +of the Worshipful Master, to whom alone is intrusted the care of "setting +the craft to work, and giving them wholesome instruction for labor." He +alone is responsible to the Grand Master and the Grand Lodge, that his +lodge shall be opened, continued, and closed in harmony; and as it is by +his "will and pleasure" only that it is opened, so is it by his "will and +pleasure" only that it can be closed. Any attempt, therefore, on the part +of the lodge to entertain a motion for adjournment would be an +infringement of this prerogative of the Master. Such a motion is, +therefore, always out of order, and cannot be; and cannot be acted on. + +The rule that a lodge cannot adjourn, but remain in session until closed +by the Master, derives an authoritative sanction also from the following +clause in the fifth of the Old Charges. + +"All Masons employed shall meekly receive their wages without murmuring or +mutiny, _and not desert the Master till the work is finished_." + + + +Section V. + +_Of the Appointment of Committees._ + + +It is the prerogative of the Master to appoint all Committees, unless by a +special resolution provision has been made that a committee shall +otherwise be appointed. + +The Master is also, _ex officio_, chairman of every committee which he +chooses to attend, although he may not originally have been named a member +of such committee. But he may, if he chooses, waive this privilege; yet he +may, at any time during the session of the committee, reassume his +inherent prerogative of governing the craft at all times when in his +presence, and therefore take the chair. + + + +Section VI. + +_Of the Mode of Keeping the Minutes._ + + +Masonry is preeminently an institution of forms, and hence, as was to be +expected, there is a particular form provided for recording the +proceedings of a lodge. Perhaps the best method of communicating this form +to the reader will be, to record the proceedings of a supposititious +meeting or communication. + +The following form, therefore, embraces the most important transactions +that usually occur during the session of a lodge, and it may serve as an +exemplar, for the use of secretaries. + +"A regular communication of ---- Lodge, NO. ----, was holden at ----; on +----, the ---- day of ----A.: L.: 58--. + + Present. + + Bro.: A. B----, W.: Master. + " B. C----, S.: Warden. + " C. D----, J.: Warden. + " D. E----, Treasurer. + " E. F----, Secretary. + " F. G----, S.: Deacon. + " G. H----, J.: Deacon. + " H. I----, } Stewards. + " I. K----, } + " K. L----, Tiler. + + _Members._ + Bro.: L. M---- + M. N---- + N. O---- + O. P---- + + _Visitors._ + P. Q---- + Q. R---- + R. S---- + S. T---- + +The Lodge was opened in due form on the third degree of Masonry. + +"The minutes of the regular communication of ---- were read and +confirmed.[54] + +"The committee on the petition of Mr. C. B., a candidate for initiation, +reported favorably, whereupon he was balloted for and duly elected. + +"The committee on the application of Mr. D. C., a candidate for +initiation, reported favorably, whereupon he was balloted for, and the box +appearing foul he was rejected. + +"The committee on the application of Mr. E. D., a candidate for initiation, +having reported unfavorably, he was declared rejected without a ballot. + +"The petition of Mr. F. E., a candidate for initiation, having been +withdrawn by his friends, he was declared rejected without a ballot. + +"A petition for initiation from Mr. G.F., inclosing the usual amount and +recommended by Bros. C. D.---- and H. I.----, was referred to a committee +of investigation consisting of Bros. G. H.----, L. M.----, and O. P.----. + +"Bro. S.R., an Entered Apprentice, having applied for advancement, was +duly elected to take the second degree; and Bro. W.Y., a Fellow Craft, +was, on his application for advancement, duly elected to take the third +degree. + +"A letter was read from Mrs. T. V.----, the widow of a Master Mason, when +the sum of twenty dollars was voted for her relief. + +"The amendment to article 10, section 5 of the bye-laws, proposed by Bro. +M. N. ---- at the communication of ----, was read a third time, adopted by +a constitutional majority and ordered to be sent to the Grand Lodge for +approval and confirmation. + +"The Lodge of Master Masons was then closed, and a lodge of Entered +Apprentices opened in due form. + +"Mr. C. B., a candidate for initiation, being in waiting, was duly +prepared, brought forward and initiated as an Entered Apprentice, he +paying the usual fee. + +"The Lodge of Entered Apprentices was then closed, and a Lodge of Fellow +Crafts opened in due form. + +"Bro. S. R., an Entered Apprentice, being in waiting, was duly prepared, +brought forward and passed to the degree of a Fellow Craft, he paying the +usual fee. + +"The Lodge of Fellow Crafts was then closed, and a lodge of Master Masons +opened in due form. + +"Bro. W. Y., a Fellow Craft, being in waiting, was duly prepared, brought +forward and raised to the sublime degree of a Master Mason, he paying the +usual fee. + +Amount received this evening, as follows: + + Petition of Mr. G. F., $5 + Fee of Bro. C. B., 5 + do. of Bro. S. R., 5 + do. of Bro. W. Y., 5--Total, $20 + +all of which was paid over to the Treasurer. + +There being no further business, the lodge was closed in due form and +harmony. + +E. F----, + +_Secretary._ + +Such is the form which has been adopted as the most convenient mode of +recording the transactions of a lodge. These minutes must be read, at the +close of the meeting, that the Brethren may suggest any necessary +alterations or additions, and then at the beginning of the next regular +meeting, that they may be confirmed, after which they should be +transcribed from the rough Minute Book in which they were first entered +into the permanent Record Book of the lodge. + + + + + +Book Third. + +The Law Of Individuals. + + + +Passing from the consideration of the law, which refers to Masons in their +congregated masses, as the constituents of Grand and Subordinate Lodges, I +next approach the discussion of the law which governs, them in their +individual capacity, whether in the inception of their masonic life, as +candidates for initiation, or in their gradual progress through each of +the three degrees, for it will be found that a Mason, as he assumes new +and additional obligations, and is presented with increased light, +contracts new duties, and is invested with new prerogatives and +privileges. + + + + +Chapter I. + +Of the Qualifications of Candidates. + + + +The qualifications of a candidate for initiation into the mysteries of +Freemasonry, are four-fold in their character--moral, physical, +intellectual and political. + +The moral character is intended to secure the respectability of the Order, +because, by the worthiness of its candidates, their virtuous deportment, +and good reputation, will the character of the institution be judged, +while the admission of irreligious libertines and contemners of the moral +law would necessarily impair its dignity and honor. + +The physical qualifications of a candidate contribute to the utility of +the Order, because he who is deficient in any of his limbs or members, and +who is not in the possession of all his natural senses and endowments, is +unable to perform, with pleasure to himself or credit to the fraternity, +those peculiar labors in which all should take an equal part. He thus +becomes a drone in the hive, and so far impairs the usefulness of the +lodge, as "a place where Freemasons assemble to work, and to instruct and +improve themselves in the mysteries of their ancient science." + +The intellectual qualifications refer to the security of the Order; +because they require that its mysteries shall be confided only to those +whose mental developments are such as to enable them properly to +appreciate, and faithfully to preserve from imposition, the secrets thus +entrusted to them. It is evident, for instance, that an idiot could +neither understand the hidden doctrines that might be communicated to him, +nor could he so secure such portions as he might remember, in the +"depositary of his heart," as to prevent the designing knave from worming +them out of him; for, as the wise Solomon has said, "a fool's mouth is his +destruction, and his lips are the snare of his soul." + +The political qualifications are intended to maintain the independence of +the Order; because its obligations and privileges are thus confided only +to those who, from their position in society, are capable of obeying the +one, and of exercising the other without the danger of let or hindrance +from superior authority. + +Of the moral, physical and political qualifications of a candidate there +can be no doubt, as they are distinctly laid down in the ancient charges +and constitutions. The intellectual are not so readily decided. + +These four-fold qualifications may be briefly summed up in the following +axioms. + +_Morally_, the candidate must be a man of irreproachable conduct, a +believer in the existence of God, and living "under the tongue of good +report." + +_Physically_, he must be a man of at least twenty-one years of age, +upright in body, with the senses of a man, not deformed or dismembered, +but with hale and entire limbs as a _man_ ought to be. + +_Intellectually_, he must be a man in the full possession of his +intellects, not so young that his mind shall not have been formed, nor so +old that it shall have fallen into dotage; neither a fool, an idiot, nor a +madman; and with so much education as to enable him to avail himself of +the teachings of Masonry, and to cultivate at his leisure a knowledge of +the principles and doctrines of our royal art. + +_Politically_, he must be in the unrestrained enjoyment of his civil and +personal liberty, and this, too, by the birthright of inheritance, and not +by its subsequent acquisition, in consequence of his release from +hereditary bondage. + +The lodge which strictly demands these qualifications of its candidates +may have fewer members than one less strict, but it will undoubtedly have +better ones. + +But the importance of the subject demands for each class of the +qualifications a separate section, and a more extended consideration. + + + +Section I. + +_Of the Moral Qualifications of Candidates._ + + +The old charges state, that "a Mason is obliged by his tenure to obey the +moral law." It is scarcely necessary to say, that the phrase, "moral law," +is a technical expression of theology, and refers to the Ten Commandments, +which are so called, because they define the regulations necessary for the +government of the morals and manners of men. The habitual violation of any +one of these commands would seem, according to the spirit of the Ancient +Constitutions, to disqualify a candidate for Masonry. + +The same charges go on to say, in relation to the religious character of a +Mason, that he should not be "a stupid atheist, nor an irreligious +libertine." A denier of the existence of a Supreme Architect of the +Universe cannot, of course, be obligated as a Mason, and, accordingly, +there is no landmark more certain than that which excludes every atheist +from the Order. + +The word "libertine" has, at this day, a meaning very different from what +it bore when the old charges were compiled. It then signified what we now +call a "free-thinker," or disbeliever in the divine revelation of the +Scriptures. This rule would therefore greatly abridge the universality and +tolerance of the Institution, were it not for the following qualifying +clause in the same instrument:-- + +"Though in ancient times Masons were charged in every country to be of the +religion of that country or nation, whatever it was, yet it is now thought +more expedient only to oblige them to that religion in which all men +agree, leaving their particular opinions to themselves; that is, to be +good men and true, or men of honor and honesty, by whatever denominations +or persuasions they may be distinguished." + +The construction now given universally to the religious qualification of a +candidate, is simply that he shall have a belief in the existence and +superintending control of a Supreme Being. + +These old charges from which we derive the whole of our doctrine as to the +moral qualifications of a candidate, further prescribe as to the political +relations of a Mason, that he is to be "a peaceable subject to the civil +powers, wherever he resides or works, and is never to be concerned in +plots and conspiracies against the peace and welfare of the nation, nor to +behave himself undutifully to inferior magistrates. He is cheerfully to +conform to every lawful authority; to uphold on every occasion the +interest of the community, and zealously promote the prosperity of his own +country." + +Such being the characteristics of a true Mason, the candidate who desires +to obtain that title, must show his claim to the possession of these +virtues; and hence the same charges declare, in reference to these moral +qualifications, that "The persons made Masons, or admitted members of a +lodge, must be good and true men--no immoral or scandalous men, but of +good report." + + + +Section II. + +_Of the Physical Qualifications of Candidates._ + + +The physical qualifications of a candidate refer to his sex, his age, and +the condition of his limbs. + +The first and most important requisite of a candidate is, that he shall be +"_a man_." No woman can be made a Mason. This landmark is so indisputable, +that it would be wholly superfluous to adduce any arguments or authority +in its support. + +As to age, the old charges prescribe the rule, that the candidate must be +"of mature and discreet age." But what is the precise period when one is +supposed to have arrived at this maturity and discretion, cannot be +inferred from any uniform practice of the craft in different countries. +The provisions of the civil law, which make twenty-one the age of +maturity, have, however, been generally followed. In this country the +regulation is general, that the candidate must be twenty-one years of age. +Such, too, was the regulation adopted by the General Assembly, which met +on the 27th Dec., 1663, and which prescribed that "no person shall be +accepted unless he be twenty-one years old or more."[55] In Prussia, the +candidate is required to be twenty-five; in England, twenty-one,[56] +"unless by dispensation from the Grand Master, or Provincial Grand +Master;" in Ireland, twenty-one, except "by dispensation from the Grand +Master, or the Grand Lodge;" in France, twenty-one, unless the candidate +be the son of a Mason who has rendered important service to the craft, +with the consent of his parent or guardian, or a young man who has served +six months with his corps in the army--such persons may be initiated at +eighteen; in Switzerland, the age of qualification is fixed at twenty-one, +and in Frankfort-on-Mayn, at twenty. In this country, as I have already +observed, the regulation of 1663 is rigidly enforced, and no candidate, +who has not arrived at the age of twenty-one, can be initiated. + +Our ritual excludes "an old man in his dotage" equally with a "young man +under age." But as dotage signifies imbecility of mind, this subject will +be more properly considered under the head of intellectual qualifications. + +The physical qualifications, which refer to the condition of the +candidate's body and limbs, have given rise, within a few years past, to +a great amount of discussion and much variety of opinion. The regulation +contained in the old charges of 1721, which requires the candidate to be +"a perfect youth," has in some jurisdictions been rigidly enforced to the +very letter of the law, while in others it has been so completely +explained away as to mean anything or nothing. Thus, in South Carolina, +where the rule is rigid, the candidate is required to be neither deformed +nor dismembered, but of hale and entire limbs, as a man ought to be, while +in Maine, a deformed person may be admitted, provided "the deformity is +not such as to prevent him from being instructed in the arts and mysteries +of Freemasonry." + +The first written law which we find on this subject is that which was +enacted by the General Assembly held in 1663, under the Grand Mastership +of the Earl of St. Albans, and which declares "that no person shall +hereafter be accepted a Freemason but such as are of _able_ body."[57] + +Twenty years after, in the reign of James II., or about the year 1683, it +seems to have been found necessary, more exactly to define the meaning of +this expression, "of able body," and accordingly we find, among the +charges ordered to be read to a Master on his installation, the following +regulation: + +"Thirdly, that he that be made be able in all degrees; that is, free-born, +of a good kindred, true, and no bondsman, and that _he have his right +limbs as a man ought to have."_[58] + +The old charges, published in the original Book of Constitutions in 1723, +contain the following regulation: + +"No Master should take an Apprentice, unless he be a perfect youth having +no maim or defect that may render him uncapable of learning the art." + +Notwithstanding the positive demand for _perfection_, and the positive and +explicit declaration that he must have _no maim or defect_, the remainder +of the sentence has, within a few years past, by some Grand Lodges, been +considered as a qualifying clause, which would permit the admission of +candidates whose physical defects did not exceed a particular point. But, +in perfection, there can be no degrees of comparison, and he who is +required to be perfect, is required to be so without modification or +diminution. That which is _perfect_ is complete in all its parts, and, by +a deficiency in any portion of its constituent materials, it becomes not +less perfect, (which expression would be a solecism in grammar,) but at +once by the deficiency ceases to be perfect at all--it then becomes +imperfect. In the interpretation of a law, "words," says Blackstone, "are +generally to be understood in their usual and most known signification," +and then "perfect" would mean, "complete, entire, neither defective nor +redundant." But another source of interpretation is, the "comparison of a +law with other laws, that are made by the same legislator, that have some +affinity with the subject, or that expressly relate to the same +point."[59] Applying this law of the jurists, we shall have no difficulty +in arriving at the true signification of the word "perfect," if we refer +to the regulation of 1683, of which the clause in question appears to have +been an exposition. Now, the regulation of 1683 says, in explicit terms, +that the candidate must "_have his right limbs as a man ought to have_." +Comparing the one law with the other, there can be no doubt that the +requisition of Masonry is and always has been, that admission could only +be granted to him who was neither deformed nor dismembered, but of hale +and entire limbs as a man should be. + +But another, and, as Blackstone terms it, "the most universal and +effectual way of discovering the true meaning of a law" is, to consider +"the reason and spirit of it, or the cause which moved the legislator to +enact it." Now, we must look for the origin of the law requiring physical +perfection, not to the formerly operative character of the institution, +(for there never was a time when it was not speculative as well as +operative,) but to its symbolic nature. In the ancient temple, every stone +was required to be _perfect_, for a perfect stone was the symbol of truth. +In our mystic association, every Mason represents a stone in that +spiritual temple, "that house not made with hands, eternal in the +heavens," of which the temple of Solomon was the type. Hence it is +required that he should present himself, like the perfect stone in the +material temple, a perfect man in the spiritual building. "The symbolic +relation of each member of the Order to its mystic temple, forbids the +idea," says Bro. W.S. Rockwell, of Georgia,[60] "that its constituent +portions, its living stones, should be less perfect or less a type of +their great original, than the immaculate material which formed the +earthly dwelling place of the God of their adoration." If, then, as I +presume it will be readily conceded, by all except those who erroneously +suppose the institution to have been once wholly operative and afterwards +wholly speculative, perfection is required in a candidate, not for the +physical reason that he may be enabled to give the necessary signs of +recognition, but because the defect would destroy the symbolism of that +perfect stone which every Mason is supposed to represent in the spiritual +temple, we thus arrive at a knowledge of the causes which moved the +legislators of Masonry to enact the law, and we see at once, and without +doubt, that the words _perfect youth_ are to be taken in an unqualified +sense, as signifying one who has "his right limbs as a man ought to +have."[61] + +It is, however, but fair to state that the remaining clause of the old +charge, which asserts that the candidate must have no maim or defect that +may render him incapable of learning the art, has been supposed to intend +a modification of the word "perfect," and to permit the admission of one +whose maim or defect was not of such a nature as to prevent his learning +the art of Masonry. But I would respectfully suggest that a criticism of +this kind is based upon a mistaken view of the import of the words. The +sentence is not that the candidate must have no such maim or defect as +might, by possibility, prevent him from learning the art; though this is +the interpretation given by those who are in favor of admitting slightly +maimed candidates. It is, on the contrary, so worded as to give a +consequential meaning to the word "_that_." He must have no maim or defect +_that_ may render him incapable; that is, _because_, by having such maim +or defect, he would be rendered incapable of acquiring our art. + +In the Ahiman Rezon published by Laurence Dermott in 1764, and adopted for +the government of the Grand Lodge of Ancient York Masons in England, and +many of the Provincial Grand and subordinate lodges of America, the +regulation is laid down that candidates must be "men of good report, +free-born, of mature age, not deformed nor dismembered at the time of +their making, and no woman or eunuch." It is true that at the present day +this book possesses no legal authority among the craft; but I quote it, to +show what was the interpretation given to the ancient law by a large +portion, perhaps a majority, of the English and American Masons in the +middle of the eighteenth century. + +A similar interpretation seems at all times to have been given by the +Grand Lodges of the United States, with the exception of some, who, within +a few years past, have begun to adopt a more latitudinarian construction. + +In Pennsylvania it was declared, in 1783, that candidates are not to be +"deformed or dismembered at the time of their making." + +In South Carolina the book of Constitutions, first published in 1807, +requires that "every person desiring admission must be upright in body, +not deformed or dismembered at the time of making, but of hale and entire +limbs, as a man ought to be." + +In the "Ahiman Rezon and Masonic Ritual," published by order of the Grand +Lodge of North Carolina and Tennessee, in the year 1805, candidates are +required to be "hale and sound, not deformed or dismembered at the time of +their making."[62] + +Maryland, in 1826, sanctioned the Ahiman Rezon of Cole, which declares +the law in precisely the words of South Carolina, already quoted. + +In 1823, the Grand Lodge of Missouri unanimously adopted a report, which +declared that all were to be refused admission who were not "sound in mind +and _all their members_," and she adopted a resolution asserting that "the +Grand Lodge cannot grant a letter or dispensation to a subordinate lodge +working under its jurisdiction, to initiate any person maimed, disabled, +or wanting the qualifications establishing by ancient usage."[63] + +But it is unnecessary to multiply instances. There never seems to have +been any deviation from the principle that required absolute physical +perfection, until, within a few years, the spirit of expediency[64] has +induced some Grand Lodges to propose a modified construction of the law, +and to admit those whose maims or deformities were not such as to prevent +them from complying with the ceremonial of initiation. Still, a large +number of the Grand Lodges have stood fast by the ancient landmark, and it +is yet to be hoped that all will return to their first allegiance. The +subject is an important one, and, therefore, a few of the more recent +authorities, in behalf of the old law may with advantage be cited. + +"We have examined carefully the arguments 'pro and con,' that have +accompanied the proceedings of the several Grand Lodges, submitted to us, +and the conviction has been forced upon our minds, even against our wills, +that we depart from the ancient landmarks and usages of Masonry, whenever +we admit an individual wanting in one of the human senses, or who is in +any particular maimed or deformed."--_Committee of Correspondence G. Lodge +of Georgia_, 1848, _page_ 36. + +"The rationale of the law, excluding persons physically imperfect and +deformed, lies deeper and is more ancient than the source ascribed to +it.[65] It is grounded on a principle recognized in the earliest ages of +the world; and will be found identical with that which obtained among the +ancient Jews. In this respect the Levitical law was the same as the +masonic, which would not allow any 'to go in unto the vail' who had a +blemish--a blind man, or a lame, or a man that was broken-footed, or +broken-handed, or a dwarf, &c.... + +"The learned and studious Freemasonic antiquary can satisfactorily explain +the metaphysics of this requisition in our Book of Constitutions. For the +true and faithful Brother it sufficeth to know that such a requisition +exists. He will prize it the more because of its antiquity.... No man can +in perfection be 'made a Brother,' no man can truly 'learn our mysteries,' +and practice them, or 'do the work of a Freemason,' if he is not a _man_ +with body free from maim, defect and deformity."--_Report of a Special +Committee of the Grand Lodge of New York, in_ 1848.[66] + +"The records of this Grand Lodge may be confidently appealed to, for +proofs of her repeated refusal to permit maimed persons to be initiated, +and not simply on the ground that ancient usage forbids it, but because +the fundamental constitution of the Order--the ancient charges--forbid +it."--_Committee of Correspondence of New York, for 1848, p. 70._ + +"The lodges subordinate to this Grand Lodge are hereby required, in the +initiation of applicants for Masonry, to adhere to the ancient law (as +laid down in our printed books), which says he shall be of _entire +limbs_"--_Resolution of the G.L. of Maryland, November, 1848._ + +"I received from the lodge at Ashley a petition to initiate into our Order +a gentleman of high respectability, who, unfortunately, has been maimed. I +refused my assent.... I have also refused a similar request from the lodge +of which I am a member. The fact that the most distinguished masonic body +on earth has recently removed one of the landmarks, should teach _us_ to +be careful how we touch those ancient boundaries."--_Address of the Grand +Master of New Jersey in 1849._ + +"The Grand Lodge of Florida adopted such a provision in her constitution, +[the qualifying clause permitting the initiation of a maimed person, if +his deformity was not such as to prevent his instruction], but more +mature reflection, and more light reflected from our sister Grand Lodges, +caused it to be stricken from our constitution."--_Address of Gov. Tho. +Brown, Grand Master of Florida in_ 1849. + +"As to the physical qualifications, the Ahiman Rezon leaves no doubt on +the subject, but expressly declares, that every applicant for initiation +must be a man, free-born, of lawful age, in the perfect enjoyment of his +senses, hale, and sound, and not deformed or dismembered; this is one of +the ancient landmarks of the Order, which it is in the power of no body of +men to change. A man having but one arm, or one leg, or who is in anyway +deprived of his due proportion of limbs and members, is as incapable of +initiation as a woman."--_Encyclical Letter of the Grand Lodge of South +Carolina to its subordinates in_ 1849. + +Impressed, then, by the weight of these authorities, which it would be +easy, but is unnecessary, to multiply--guided by a reference to the +symbolic and speculative (not operative) reason of the law--and governed +by the express words of the regulation of 1683--I am constrained to +believe that the spirit as well as the letter of our ancient landmarks +require that a candidate for admission should be perfect in all his +parts, that is, neither redundant nor deficient, neither deformed nor +dismembered, but of hale and entire limbs, as a man ought to be. + + + +Section III. + +_Of the Intellectual Qualifications of Candidates._ + + +The Old Charges and Ancient Constitutions are not as explicit in relation +to the intellectual as to the moral and physical qualifications of +candidates, and, therefore, in coming to a decision on this subject, we +are compelled to draw our conclusions from analogy, from common sense, and +from the peculiar character of the institution. The question that here +suggests itself on this subject is, what particular amount of human +learning is required as a constitutional qualification for initiation? + +During a careful examination of every ancient document to which I have had +access, I have met with no positive enactment forbidding the admission of +uneducated persons, even of those who can neither read nor write. The +unwritten, as well as the written laws of the Order, require that the +candidate shall be neither a _fool_ nor an _idiot_, but that he shall +possess a discreet judgment, and be in the enjoyment of all the senses of +a man. But one who is unable to subscribe his name, or to read it when +written, might still very easily prove himself to be within the +requirements of this regulation. The Constitutions of England, formed +since the union of the two Grand Lodges in 1813, are certainly explicit +enough on this subject. They require even more than a bare knowledge of +reading and writing, for, in describing the qualifications of a candidate, +they say: + +"He should be a lover of the liberal arts and sciences, and have made some +progress in one or other of them; and he must, previous to his initiation, +subscribe his name at full length, to a declaration of the following +import," etc. And in a note to this regulation, it is said, "Any +individual who cannot write is, consequently, ineligible to be admitted +into the Order." If this authority were universal in its character, there +would be no necessity for a further discussion of the subject. But the +modern constitutions of the Grand Lodge of England are only of force +within its own jurisdiction, and we are therefore again compelled to +resort to a mode of reasoning for the proper deduction of our conclusions +on this subject. + +It is undoubtedly true that in the early period of the world, when +Freemasonry took its origin, the arts of reading and writing were not so +generally disseminated among all classes of the community as they now are, +when the blessings of a common education can be readily and cheaply +obtained. And it may, therefore, be supposed that among our ancient +Brethren there were many who could neither read nor write. But after all, +this is a mere assumption, which, although it may be based on probability, +has no direct evidence for its support. And, on the other hand, we see +throughout all our ancient regulations, that a marked distinction was made +by our rulers between the Freemason and the Mason who was not free; as, +for instance, in the conclusion of the fifth chapter of the Ancient +Charges, where it is said: "No laborer shall be employed in the common +work of Masonry, nor shall Freemasons work with those who are not free, +without an urgent necessity." And this would seem to indicate a higher +estimation by the fraternity of their own character, which might be +derived from their greater attainments in knowledge. That in those days +the ordinary operative masons could neither read nor write, is a fact +established by history. But it does not follow that the Freemasons, who +were a separate society of craftsmen, were in the same unhappy category; +it is even probable, that the fact that they were not so, but that they +were, in comparison with the unaccepted masons, educated men, may have +been the reason of the distinction made between these two classes of +workmen. + +But further, all the teachings of Freemasonry are delivered on the +assumption that the recipients are men of some education, with the means +of improving their minds and increasing their knowledge. Even the Entered +Apprentice is reminded, by the rough and perfect ashlars, of the +importance and necessity of a virtuous education, in fitting him for the +discharge of his duties. To the Fellow Craft, the study of the liberal +arts and sciences is earnestly recommended; and indeed, that sacred +hieroglyphic, the knowledge of whose occult signification constitutes the +most solemn part of his instruction, presupposes an acquaintance at least +with the art of reading. And the Master Mason is expressly told in the +explanation of the forty-seventh problem of Euclid, as one of the symbols +of the third degree, that it was introduced into Masonry to teach the +Brethren the value of the arts and sciences, and that the Mason, like the +discoverer of the problem, our ancient Brother Pythagoras, should be a +diligent cultivator of learning. Our lectures, too, abound in allusions +which none but a person of some cultivation of mind could understand or +appreciate, and to address them, or any portion of our charges which refer +to the improvement of the intellect and the augmentation of knowledge, to +persons who can neither read nor write, would be, it seems to us, a +mockery unworthy of the sacred character of our institution. + +From these facts and this method of reasoning, I deduce the conclusion +that the framers of Masonry, in its present organization as a speculative +institution, must have intended to admit none into its fraternity whose +minds had not received some preliminary cultivation, and I am, therefore, +clearly of opinion, that a person who cannot read and write is not legally +qualified for admission. + +As to the inexpediency of receiving such candidates, there can be no +question or doubt. If Masonry be, as its disciples claim for it, a +scientific institution, whose great object is to improve the understanding +and to enlarge and adorn the mind, whose character cannot be appreciated, +and whose lessons of symbolic wisdom cannot be acquired, without much +studious application, how preposterous would it be to place, among its +disciples, one who had lived to adult years, without having known the +necessity or felt the ambition for a knowledge of the alphabet of his +mother tongue? Such a man could make no advancement in the art of Masonry; +and while he would confer no substantial advantage on the institution, he +would, by his manifest incapacity and ignorance, detract, in the eyes of +strangers, from its honor and dignity as an intellectual society. + +Idiots and madmen are excluded from admission into the Order, for the +evident reason that the former from an absence, and the latter from a +perversion of the intellectual faculties, are incapable of comprehending +the objects, or of assuming the responsibilities and obligations of the +institution. + +A question here suggests itself whether a person of present sound mind, +but who had formerly been deranged, can legally be initiated. The answer +to this question turns on the fact of his having perfectly recovered. If +the present sanity of the applicant is merely a lucid interval, which +physicians know to be sometimes vouched to lunatics, with the absolute +certainty, or at best, the strong probability, of an eventual return to a +state of mental derangement, he is not, of course, qualified for +initiation. But if there has been a real and durable recovery (of which a +physician will be a competent judge), then there can be no possible +objection to his admission, if otherwise eligible. We are not to look to +what the candidate once was, but to what he now is. + +Dotage, or the mental imbecility produced by excessive old age, is also a +disqualification for admission. Distinguished as it is by puerile desires +and pursuits, by a failure of the memory, a deficiency of the judgment, +and a general obliteration of the mental powers, its external signs are +easily appreciated, and furnish at once abundant reason why, like idiots +and madmen, the superannuated dotard is unfit to be the recipient of our +mystic instructions. + + + +Section IV. + +_Of the Political Qualifications of Candidates._ + + +The Constitutions of Masonry require, as the only qualification referring +to the political condition of the candidate, or his position in society, +that he shall be _free-born_. The slave, or even the man born in +servitude--though he may, subsequently, have obtained his liberty--is +excluded by the ancient regulations from initiation. The non-admission of +a slave seems to have been founded upon the best of reasons; because, as +Freemasonry involves a solemn contract, no one can legally bind himself to +its performance who is not a free agent and the master of his own actions. +That the restriction is extended to those who were originally in a servile +condition, but who may have since acquired their liberty, seems to depend +on the principle that birth, in a servile condition, is accompanied by a +degradation of mind and abasement of spirit, which no subsequent +disenthralment can so completely efface as to render the party qualified +to perform his duties, as a Mason, with that "freedom, fervency, and +zeal," which are said to have distinguished our ancient Brethren. +"Children," says Oliver, "cannot inherit a free and noble spirit except +they be born of a free woman." + +The same usage existed in the spurious Freemasonry or the Mysteries of the +ancient world. There, no slave, or men born in slavery, could be +initiated; because, the prerequisites imperatively demanded that the +candidate should not only be a man of irreproachable manners, but also a +free-born denizen of the country in which the mysteries were celebrated. + +Some masonic writers have thought that, in this regulation in relation to +free birth, some allusion is intended, both in the Mysteries and in +Freemasonry, to the relative conditions and characters of Isaac and +Ishmael. The former--the accepted one, to whom the promise was given--was +the son of a free woman, and the latter, who was cast forth to have "his +hand against every man, and every man's hand against him," was the child +of a slave. Wherefore, we read that Sarah demanded of Abraham, "Cast out +this bondwoman and her son; for the son of the bondwoman shall not be heir +with my son." Dr. Oliver, in speaking of the grand festival with which +Abraham celebrated the weaning of Isaac, says, that he "had not paid the +same compliment at the weaning of Ishmael, because he was the son of a +bondwoman, and, consequently, could not be admitted to participate in the +Freemasonry of his father, which could only be conferred on free men born +of free women." The ancient Greeks were of the same opinion; for they used +the word δουλοπĎεπεια or, "slave manners," to designate any very great +impropriety of manners. + +The Grand Lodge of England extends this doctrine, that Masons should be +free in all their thoughts and actions, so far, that it will not permit +the initiation of a candidate who is only temporarily deprived of his +liberty, or even in a place of confinement. In the year 1782, the Master +of the Royal Military Lodge, at Woolwich, being confined, most probably +for debt, in the King's Bench prison, at London, the lodge, which was +itinerant in its character, and allowed to move from place to place with +its regiment, adjourned, with its warrant of constitution, to the Master +in prison, where several Masons were made. The Grand Lodge, being informed +of the circumstances, immediately summoned the Master and Wardens of the +lodge "to answer for their conduct in making Masons in the King's Bench +prison," and, at the same time, adopted a resolution, affirming that "it +is inconsistent with the principles of Freemasonry for any Freemason's +lodge to be held, for the purposes of making, passing, or raising Masons, +in any prison or place of confinement." + + + +Section V. + +_Of the Petition of Candidates for Admission, and the Action thereon_. + + +The application of a candidate to a lodge, for initiation, is called a +"petition." This petition should always be in writing, and generally +contains a statement of the petitioner's age, occupation, and place of +residence, and a declaration of the motives which have prompted the +application, which ought to be "a favorable opinion conceived of the +institution and a desire of knowledge."[67] This petition must be +recommended by at least two members of the lodge. + +The petition must be read at a stated or regular communication of the +lodge, and referred to a committee of three members for an investigation +of the qualifications and character of the candidate. The committee having +made the necessary inquiries, will report the result at the next regular +communication and not sooner. + +The authority for this deliberate mode of proceeding is to be found in the +fifth of the 39 General Regulations, which is in these words: + +"No man can be made or admitted a member of a particular lodge, without +previous notice one month before given to the said lodge, in order to make +due inquiry into the reputation and capacity of the candidate; unless by +dispensation aforesaid." + +The last clause in this article provides for the only way in which this +probation of a month can be avoided, and that is when the Grand Master, +for reasons satisfactory to himself, being such as will constitute what is +called (sometimes improperly) a case of emergency, shall issue a +dispensation permitting the lodge to proceed forthwith to the election. + +But where this dispensation has not been issued, the committee should +proceed diligently and faithfully to the discharge of their responsible +duty. They must inquire into the moral, physical, intellectual and +political qualifications of the candidate, and make their report in +accordance with the result of their investigations. + +The report cannot be made at a special communication, but must always be +presented at a regular one. The necessity of such a rule is obvious. As +the Master can at any time within his discretion convene a special meeting +of his lodge, it is evident that a presiding officer, if actuated by an +improper desire to intrude an unworthy and unpopular applicant upon the +craft, might easily avail himself for that purpose of an occasion when the +lodge being called for some other purpose, the attendance of the members +was small, and causing a ballot to be taken, succeed in electing a +candidate, who would, at a regular meeting, have been blackballed by some +of those who were absent from the special communication. + +This regulation is promulgated by the Grand Lodge of England, in the +following words: "No person shall be made a Mason without a regular +proposition at one lodge and a ballot at the next regular stated lodge;" +it appears to have been almost universally adopted in similar language by +the Grand Lodges of this country; and, if the exact words of the law are +wanting in any of the Constitutions, the general usage of the craft has +furnished an equivalent authority for the regulation. + +If the report of the committee is unfavorable, the candidate should be +considered as rejected, without any reference to a ballot. This rule is +also founded in reason. If the committee, after a due inquiry into the +character of the applicant, find the result so disadvantageous to him as +to induce them to make an unfavorable report on his application, it is to +be presumed that on a ballot they would vote against his admission, and as +their votes alone would be sufficient to reject him, it is held +unnecessary to resort in such a case to the supererogatory ordeal of the +ballot. It would, indeed, be an anomalous proceeding, and one which would +reflect great discredit on the motives and conduct of a committee of +inquiry, were its members first to report against the reception of a +candidate, and then, immediately afterwards, to vote in favor of his +petition. The lodges will not suppose, for the honor of their committees, +that such a proceeding will take place, and accordingly the unfavorable +report of the committee is always to be considered as a rejection. + +Another reason for this regulation seems to be this. The fifth General +Regulation declares that no Lodge should ever make a Mason without "due +inquiry" into his character, and as the duty of making this inquiry is +entrusted to a competent committee, when that committee has reported that +the applicant is unworthy to be made a Mason, it would certainly appear to +militate against the spirit, if not the letter, of the regulation, for the +lodge, notwithstanding this report, to enter into a ballot on the +petition. + +But should the committee of investigation report favorably, the lodge will +then proceed to a ballot for the candidate; but, as this forms a separate +and important step in the process of "making Masons," I shall make it the +subject of a distinct section. + + + +Section VI. + +_Of Balloting for Candidates._ + + +The Thirty-nine Regulations do not explicitly prescribe the ballot-box as +the proper mode of testing the opinion of the lodge on the merits of a +petition for initiation. The sixth regulation simply says that the consent +of the members is to be "formally asked by the Master; and they are to +signify their assent or dissent _in their own prudent way_ either +virtually or in form, but with unanimity." Almost universal usage has, +however, sanctioned the ballot box and the use of black and white balls as +the proper mode of obtaining the opinion of the members. + +From the responsibility of expressing this opinion, and of admitting a +candidate into the fraternity or of repulsing him from it, no Mason is +permitted to shrink. In balloting on a petition, therefore, every member +of the Lodge is expected to vote; nor can he be excused from the discharge +of this important duty, except by the unanimous consent of his Brethren. +All the members must, therefore, come up to the performance of this trust +with firmness, candor, and a full determination to do what is right--to +allow no personal timidity to forbid the deposit of a black ball, if the +applicant is unworthy, and no illiberal prejudices to prevent the +deposition of a white one, if the character and qualifications of the +candidate are unobjectionable. And in all cases where a member himself has +no personal or acquired knowledge of these qualifications, he should rely +upon and be governed by the recommendation of his Brethren of the +Committee of Investigation, who he has no right to suppose would make a +favorable report on the petition of an unworthy applicant.[68] + +The great object of the ballot is, to secure the independence of the +voter; and, for this purpose, its secrecy should be inviolate. And this +secrecy of the ballot gives rise to a particular rule which necessarily +flows out of it. + +No Mason can be called to an account for the vote which he has deposited. +The very secrecy of the ballot is intended to secure the independence and +irresponsibility to the lodge of the voter. And, although it is +undoubtedly a crime for a member to vote against the petition of an +applicant on account of private pique or personal prejudice, still the +lodge has no right to judge that such motives alone actuated him. The +motives of men, unless divulged by themselves, can be known only to God; +"and if," as Wayland says, "from any circumstances we are led to entertain +any doubts of the motives of men, we are bound to retain these doubts +within our own bosoms." Hence, no judicial notice can be or ought to be +taken by a lodge of a vote cast by a member, on the ground of his having +been influenced by improper motives, because it is impossible for the +lodge legally to arrive at the knowledge; in the first place, of the vote +that he has given, and secondly, of the motives by which he has been +controlled. + +And even if a member voluntarily should divulge the nature of his vote and +of his motives, it is still exceedingly questionable whether the lodge +should take any notice of the act, because by so doing the independence of +the ballot might be impaired. It is through a similar mode of reasoning +that the Constitution of the United States provides, that the members of +Congress shall not be questioned, in any other place, for any speech or +debate in either House. As in this way the freedom of debate is preserved +in legislative bodies, so in like manner should the freedom of the ballot +be insured in lodges. + +The sixth General Regulation requires unanimity in the ballot. Its +language is: "but no man can be entered a Brother in any particular lodge, +or admitted to be a member thereof, without the _unanimous consent of all +the members of that lodge_ then present when the candidate is proposed." +This regulation, it will be remembered, was adopted in 1721. But in the +"New Regulations," adopted in 1754, and which are declared to have been +enacted "only for amending or explaining the Old Regulations for the good +of Masonry, without breaking in upon the ancient rules of the fraternity, +still preserving the old landmarks," it is said: "but it was found +inconvenient to insist upon unanimity in several cases; and, therefore, +the Grand Masters have allowed the lodges to admit a member, if not above +three black balls are against him; though some lodges desire no such +allowance."[69] + +The Grand Lodge of England still acts under this new regulation, and +extends the number of black balls which will reject to three, though it +permits its subordinates, if they desire it, to require unanimity. But +nearly all the Grand Lodges of this country have adhered to the old +regulation, which is undoubtedly the better one, and by special enactment +have made the unanimous consent of all the Brethren present necessary to +the election of a candidate. + +Another question here suggests itself. Can a member, who by the bye-laws +of his lodge is disqualified from the exercise of his other franchises as +a member, in consequence of being in arrears beyond a certain amount, be +prevented from depositing his ballot on the application of a candidate? +That by such a bye-law he may be disfranchised of his vote in electing +officers, or of the right to hold office, will be freely admitted. But the +words of the old regulation seem expressly, and without equivocation, to +require that _every member present_ shall vote. The candidate shall only +be admitted "by the unanimous consent of all the members of that lodge +then present when the candidate is proposed." This right of the members to +elect or reject their candidates is subsequently called "an inherent +privilege," which is not subject to a dispensation. The words are +explicit, and the right appears to be one guaranteed to every member so +long as he continues a member, and of which no bye-law can divest him as +long as the paramount authority of the Thirty-nine General Regulations is +admitted. I should say, then, that every member of a lodge present at +balloting for a candidate has a right to deposit his vote; and not only a +right, but a duty which he is to be compelled to perform; since, without +the unanimous consent of all present, there can be no election. + +Our written laws are altogether silent as to the peculiar ceremonies which +are to accompany the act of balloting, which has therefore been generally +directed by the local usage of different jurisdictions. Uniformity, +however, in this, as in all other ritual observances, is to be commended, +and I shall accordingly here describe the method which I have myself +preferred and practised in balloting for candidates, and which is the +custom adopted in the jurisdiction of South Carolina.[70] + +The committee of investigation having reported favorably, the Master of +the lodge directs the Senior Deacon to prepare the ballot box. The mode in +which this is accomplished is as follows:--The Senior Deacon takes the +ballot box, and, opening it, places all the white and black balls +indiscriminately in one compartment, leaving the other entirely empty. He +then proceeds with the box to the Junior and Senior Wardens, who satisfy +themselves by an inspection that no ball has been left in the compartment +in which the votes are to be deposited. I remark here, in passing, that +the box, in this and the other instance to be referred to hereafter, is +presented to the inferior officer first, and then to his superior, that +the examination and decision of the former may be substantiated and +confirmed by the higher authority of the latter. Let it, indeed, be +remembered, that in all such cases the usage of masonic _circumambulation_ +is to be observed, and that, therefore, we must first pass the Junior's +station before we can get to that of the Senior Warden. + +These officers having thus satisfied themselves that the box is in a +proper condition for the reception of the ballots, it is then placed upon +the altar by the Senior Deacon, who retires to his seat. The Master then +directs the Secretary to call the roll, which is done by commencing with +the Worshipful Master, and proceeding through all the officers down to the +youngest member. As a matter of convenience, the Secretary generally votes +the last of those in the room, and then, if the Tiler is a member of the +lodge, he is called in, while the Junior Deacon tiles for him, and the +name of the applicant having been told him, he is directed to deposit his +ballot, which he does, and then retires. + +As the name of each officer and member is called he approaches the altar, +and having made the proper masonic salutation to the Chair, he deposits +his ballot and retires to his seat. The roll should be called slowly, so +that at no time should there be more than one person present at the box; +for, the great object of the ballot being secrecy, no Brother should be +permitted so near the member voting as to distinguish the color of the +ball he deposits. + +The box is placed on the altar, and the ballot is deposited with the +solemnity of a masonic salutation, that the voters may be duly impressed +with the sacred and responsible nature of the duty they are called on to +discharge. The system of voting thus described, is, therefore, far better +on this account than the one sometimes adopted in lodges, of handing round +the box for the members to deposit their ballots from their seats + +The Master having inquired of the Wardens if all have voted, then orders +the Senior Deacon to "take charge of the ballot box." That officer +accordingly repairs to the altar, and taking possession of the box, +carries it, as before, to the Junior Warden, who examines the ballot, and +reports, if all the balls are white, that "the box is clear in the South," +or, if there is one or more black balls, that "the box is foul in the +South." The Deacon then carries it to the Senior Warden, and afterwards to +the Master, who, of course, make the same report, according to the +circumstances, with the necessary verbal variation of "West" and "East." + +If the box is _clear_--that is, if all the ballots are white--the Master +then announces that the applicant has been duly elected, and the Secretary +makes a record of the fact. + +But if the box is declared to be _foul_, the Master inspects the number +of black balls; if he finds two, he declares the candidate to be rejected; +if only one, he so states the fact to the lodge, and orders the Senior +Deacon again to prepare the ballot box, and a second ballot is taken in +the same way. This is done lest a black ball might have been inadvertently +voted on the first ballot. If, on the second scrutiny, one black ball is +again found, the fact is announced by the Master, who orders the election +to lie over until the next stated meeting, and requests the Brother who +deposited the black ball to call upon him and state his reasons. At the +next stated meeting the Master announces these reasons to the lodge, if +any have been made known to him, concealing, of course, the name of the +objecting Brother. At this time the validity or truth of the objections +may be discussed, and the friends of the applicant will have an +opportunity of offering any defense or explanation. The ballot is then +taken a third time, and the result, whatever it may be, is final. As I +have already observed, in most of the lodges of this country, a +reappearance of the one black ball will amount to a rejection. In those +lodges which do not require unanimity, it will, of course, be necessary +that the requisite number of black balls must be deposited on this third +ballot to insure a rejection. But if, on inspection, the box is found to +be "clear," or without a black ball, the candidate is, of course, declared +to be elected. In any case, the result of the third ballot is final, nor +can it be set aside or reversed by the action of the Grand Master or Grand +Lodge; because, by the sixth General Regulation, already so frequently +cited, the members of every particular lodge are the best judges of the +qualifications of their candidates; and, to use the language of the +Regulation, "if a fractious member should be imposed on them, it might +spoil their harmony, or hinder their freedom, or even break and disperse +the lodge." + + + +Section VII. + +_Of the Reconsideration of the Ballot._ + + +There are, unfortunately, some men in our Order, governed, not by +essentially bad motives, but by frail judgments and by total ignorance of +the true object and design of Freemasonry, who never, under any +circumstances, have recourse to the black ball, that great bulwark of +Masonry, and are always more or less incensed when any more judicious +Brother exercises his privilege of excluding those whom he thinks unworthy +of participation in our mysteries. + +I have said, that these men are not governed by motives essentially bad. +This is the fact. They honestly desire the prosperity of the institution, +and they would not willfully do one act which would impede that +prosperity. But their judgments are weak, and their zeal is without +knowledge. They do not at all understand in what the true prosperity of +the Order consists, but really and conscientiously believing that its +actual strength will be promoted by the increase of the number of its +disciples; they look rather to the _quantity_ than to the _quality_ of the +applicants who knock at the doors of our lodges. + +Now a great difference in respect to the mode in which the ballot is +conducted, will be found in those lodges which are free from the presence +of such injudicious brethren, and others into which they have gained +admittance. + +In a lodge in which every member has a correct notion of the proper moral +qualifications of the candidates for Masonry, and where there is a general +disposition to work well with a few, rather than to work badly with many, +when a ballot is ordered, each Brother, having deposited his vote, +quietly and calmly waits to hear the decision of the ballot box announced +by the Chair. If it is "clear," all are pleased that another citizen has +been found worthy to receive a portion of the illuminating rays of +Masonry. If it is "foul," each one is satisfied with the adjudication, and +rejoices that, although knowing nothing himself against the candidate, +some one has been present whom a more intimate acquaintance with the +character of the applicant has enabled to interpose his veto, and prevent +the purity of the Order from being sullied by the admission of an unworthy +candidate. Here the matter ends, and the lodge proceeds to other business. + +But in a lodge where one of these injudicious and over-zealous Brethren is +present, how different is the scene. If the candidate is elected, he, too, +rejoices; but his joy is, that the lodge has gained one more member whose +annual dues and whose initiation fee will augment the amount of its +revenues. If he is rejected, he is indignant that the lodge has been +deprived of this pecuniary accession, and forthwith he sets to work to +reverse, if possible, the decision of the ballot box, and by a volunteer +defense of the rejected candidate, and violent denunciations of those who +opposed him, he seeks to alarm the timid and disgust the intelligent, so +that, on a _reconsideration_, they may be induced to withdraw their +opposition. + +The _motion for reconsideration_ is, then, the means generally adopted, by +such seekers after quantity, to insure the success of their efforts to +bring all into our fold who seek admission, irrespective of worth or +qualification. In other words, we may say, that _the motion for +reconsideration is the great antagonist of the purity and security of the +ballot box_. The importance, then, of the position which it thus assumes, +demands a brief discussion of the time and mode in which a ballot may be +reconsidered. + +In the beginning of the discussion, it may be asserted, that it is +competent for any brother to move a reconsideration of a ballot, or for a +lodge to vote on such a motion. The ballot is a part of the work of +initiating a candidate. It is the preparatory step, and is just as +necessary to his legal making as the obligation or the investiture. As +such, then, it is clearly entirely under the control of the Master. The +Constitutions of Masonry and the Rules and Regulations of every Grand and +Subordinate lodge prescribe the mode in which the ballot shall be +conducted, so that the sense of the members may be taken. The Grand Lodge +also requires that the Master of the lodge shall see that that exact mode +of ballot shall be pursued and no other, and it will hold him responsible +that there shall be no violation of the rule. If, then, the Master is +satisfied that the ballot has been regularly and correctly conducted, and +that no possible good, but some probable evil, would arise from its +reconsideration, it is not only competent for him, but it is his solemn +duty to refuse to permit any such reconsideration. A motion to that +effect, it may be observed, will always be out of order, although any +Brother may respectfully request the Worshipful Master to order such a +reconsideration, or suggest to him its propriety or expediency. + +If, however, the Master is not satisfied that the ballot is a true +indication of the sense of the lodge, he may, in his own discretion, order +a reconsideration. Thus there may be but one black ball;--now a single +black ball may sometimes be inadvertently cast--the member voting it may +have been favorably disposed towards the candidate, and yet, from the +hurry and confusion of voting, or from the dimness of the light or the +infirmity of his own eyes, or from some other equally natural cause, he +may have selected a black ball, when he intended to have taken a white +one. It is, therefore, a matter of prudence and necessary caution, that, +when only one black ball appears, the Master should order a new ballot. On +this second ballot, it is to be presumed that more care and vigilance will +be used, and the reappearance of the black ball will then show that it was +deposited designedly. + +But where two or three or more black balls appear on the first ballot, +such a course of reasoning is not authorized, and the Master will then be +right to refuse a reconsideration. The ballot has then been regularly +taken--the lodge has emphatically decided for a rejection, and any order +to renew the ballot would only be an insult to those who opposed the +admission of the applicant, and an indirect attempt to thrust an unwelcome +intruder upon the lodge. + +But although it is in the power of the Master, under the circumstances +which we have described, to order a reconsideration, yet this prerogative +is accompanied with certain restrictions, which it may be well to notice. + +In the first place, the Master cannot order a reconsideration on any other +night than that on which the original ballot was taken.[71] After the +lodge is closed, the decision of the ballot is final, and there is no +human authority that can reverse it. The reason of this rule is evident. +If it were otherwise, an unworthy Master (for, unfortunately, all Masters +are not worthy) might on any subsequent evening avail himself of the +absence of those who had voted black balls, to order a reconsideration, +and thus succeed in introducing an unfit and rejected candidate into the +lodge, contrary to the wishes of a portion of its members. + +Neither can he order a reconsideration on the same night, if any of the +Brethren who voted have retired. All who expressed their opinion on the +first ballot, must be present to express it on the second. The reasons for +this restriction are as evident as for the former, and are of the same +character. + +It must be understood, that I do not here refer to those reconsiderations +of the ballot which are necessary to a full understanding of the opinion +of the lodge, and which have been detailed in the ceremonial of the mode +of balloting, as it was described in the preceding Section. + +It may be asked whether the Grand Master cannot, by his dispensations, +permit a reconsideration. I answer emphatically, NO. The Grand Master +possesses no such prerogative. There is no law in the whole jurisprudence +of the institution clearer than this--that neither the Grand Lodge nor the +Grand Master can interfere with the decision of the ballot box. In +Anderson's Constitutions, the law is laid down, under the head of "Duty of +Members" (edition of 1755, p. 312), that in the election of candidates the +Brethren "are to give their consent in their own prudent way, either +virtually or in form, but with unanimity." And the regulation goes on to +say: "Nor is this inherent privilege _subject to a dispensation_, because +the members of a lodge are the best judges of it; and because, if a +turbulent member should be imposed upon them, it might spoil their +harmony, or hinder the freedom of their communications, or even break and +disperse the lodge." This settles the question. A dispensation to +reconsider a ballot would be an interference with the right of the members +"to give their consent in their own prudent way;" it would be an +infringement of an "inherent privilege," and neither the Grand Lodge nor +the Grand Master can issue a dispensation for such a purpose. Every lodge +must be left to manage its own elections of candidates in its own prudent +way. + +I conclude this section by a summary of the principles which have been +discussed, and which I have endeavored to enforce by a process of +reasoning which I trust may be deemed sufficiently convincing. They are +briefly these: + +1. It is never in order for a member to move for the reconsideration of a +ballot on the petition of a candidate for initiation, nor for a lodge to +entertain such a motion. + +2. The Master alone can, for reasons satisfactory to himself, order such a +reconsideration. + +3. The Master cannot order a reconsideration on any subsequent night, nor +on the same night, after any member, who was present and voted, has +departed. + +4. The Grand Master cannot grant a dispensation for a reconsideration, nor +in any other way interfere with the ballot. The same restriction applies +to the Grand Lodge. + + + +Section VIII. + +_Of the Renewal of Applications by Rejected Candidates._ + + +As it is apparent from the last section that there can be no +reconsideration by a lodge of a rejected petition, the question will +naturally arise, how an error committed by a lodge, in the rejection of a +worthy applicant, is to be corrected, or how such a candidate, when once +rejected, is ever to make a second trial, for it is, of course, admitted, +that circumstances may occur in which a candidate who had been once +blackballed might, on a renewal of his petition, be found worthy of +admission. He may have since reformed and abandoned the vicious habits +which caused his first rejection, or it may have been since discovered +that that rejection was unjust. How, then, is such a candidate to make a +new application? + +It is a rule of universal application in Masonry, that no candidate, +having been once rejected, can apply to any other lodge for admission, +except to the one which rejected him. Under this regulation the course of +a second application is as follows: + +Some Grand Lodges have prescribed that, when a candidate has been +rejected, it shall not be competent for him to apply within a year, six +months, or some other definite period. This is altogether a local +regulation--there is no such law in the Ancient Constitutions--and +therefore, where the regulations of the Grand Lodge of the jurisdiction +are silent upon the subject, general principles direct the following as +the proper course for a rejected candidate to pursue on a second +application. He must send in a new letter, recommended and vouched for as +before, either by the same or other Brethren--it must be again referred to +a committee--lie over for a month--and the ballot be then taken as is +usual in other cases. It must be treated in all respects as an entirely +new petition, altogether irrespective of the fact that the same person had +ever before made an application. In this way due notice will be given to +the Brethren, and all possibility of an unfair election will be avoided. + +If the local regulations are silent upon the subject, the second +application may be made at any time after the rejection of the first, all +that is necessary being, that the second application should pass through +the same ordeal and be governed by the same rules that prevail in relation +to an original application. + + + +Section IX. + +_Of the necessary Probation and due Proficiency of Candidates before +Advancement_. + + +There is, perhaps, no part of the jurisprudence of Masonry which it is +more necessary strictly to observe than that which relates to the +advancement of candidates through the several degrees. The method which is +adopted in passing Apprentices and raising Fellow Crafts--the probation +which they are required to serve in each degree before advancing to a +higher--and the instructions which they receive in their progress, often +materially affect the estimation which is entertained of the institution +by its initiates. The candidate who long remains at the porch of the +temple, and lingers in the middle chamber, noting everything worthy of +observation in his passage to the holy of holies, while he better +understands the nature of the profession upon which he has entered, will +have a more exalted opinion of its beauties and excellencies than he who +has advanced, with all the rapidity that dispensations can furnish, from +the lowest to the highest grades of the Order. In the former case, the +design, the symbolism, the history, and the moral and philosophical +bearing of each degree will be indelibly impressed upon the mind, and the +appositeness of what has gone before to what is to succeed will be readily +appreciated; but, in the latter, the lessons of one hour will be +obliterated by those of the succeeding one; that which has been learned in +one degree, will be forgotten in the next; and when all is completed, and +the last instructions have been imparted, the dissatisfied neophyte will +find his mind, in all that relates to Masonry, in a state of chaotic +confusion. Like Cassio, he will remember "a mass of things, but nothing +distinctly." + +An hundred years ago it was said that "Masonry was a progressive science, +and not to be attained in any degree of perfection, but by time, patience, +and a considerable degree of application and industry."[72] And it is +because that due proportion of time, patience and application, has not +been observed, that we so often see Masons indifferent to the claims of +the institution, and totally unable to discern its true character. The +arcana of the craft, as Dr. Harris remarks, should be gradually imparted +to its members, according to their improvement. + +There is no regulation of our Order more frequently repeated in our +constitutions, nor one which should be more rigidly observed, than that +which requires of every candidate a "suitable proficiency" in one degree, +before he is permitted to pass to another. But as this regulation is too +often neglected, to the manifest injury of the whole Order, as well as of +the particular lodge which violates it, by the introduction of ignorant +and unskillful workmen into the temple, it may be worth the labor we shall +spend upon the subject, to investigate some of the authorities which +support us in the declaration, that no candidate should be promoted, +until, by a due probation, he has made "suitable proficiency in the +preceding degree." + +In one of the earliest series of regulations that have been +preserved--made in the reign of Edward III., it was ordained, "that such +as were to be admitted Master Masons, or Masters of work, should be +examined whether they be able of cunning to serve their respective Lords, +as well the lowest as the highest, to the honor and worship of the +aforesaid art, and to the profit of their Lords." + +Here, then, we may see the origin of that usage, which is still practiced +in every well governed lodge, not only of demanding a proper degree of +proficiency in the candidate, but also of testing that proficiency by an +examination. + +This cautious and honest fear of the fraternity, lest any Brother should +assume the duties of a position which he could not faithfully discharge, +and which is, in our time, tantamount to a candidate's advancing to a +degree for which he is not prepared, is again exhibited in the charges +enacted in the reign of James II., the manuscript of which was preserved +in the archives of the Lodge of Antiquity in London. In these charges it +is required, "that no Mason take on no lord's worke, nor any other man's, +unless he know himselfe well able to perform the worke, so that the craft +have no slander." In the same charges, it is prescribed that "no master, +or fellow, shall take no apprentice for less than seven years." + +In another series of charges, whose exact date is not ascertained, but +whose language and orthography indicate their antiquity, it is said: "Ye +shall ordain the wisest to be Master of the work; and neither for love nor +lineage, riches nor favor, set one over the work[73] who hath but little +knowledge, whereby the Master would be evil served, and ye ashamed." + +These charges clearly show the great stress that was placed by our ancient +Brethren upon the necessity of skill and proficiency, and they have +furnished the precedents upon which are based all the similar regulations +that have been subsequently applied to Speculative Masonry. + +In the year 1722, the Grand Lodge of England ordered the "Old Charges of +the Free and Accepted Masons" to be collected from the ancient records, +and, having approved of them, they became a part of the Constitutions of +Speculative Freemasonry. In these Charges, it is ordained that "a younger +Brother shall be instructed in working, to prevent spoiling the materials +for want of judgment, and for increasing and continuing of brotherly +love." + +Subsequently, in 1767, it was declared by the Grand Lodge, that "no lodge +shall be permitted to make and raise the same Brother, at one and the same +meeting, without a dispensation from the Grand Master, or his Deputy;" +and, lest too frequent advantage should be taken of this power of +dispensation, to hurry candidates through the degrees, it is added that +the dispensation, "_on very particular occasions only_, may be +requested." + +The Grand Lodge of England afterwards found it necessary to be more +explicit on this subject, and the regulation of that body is now contained +in the following language: + +"No candidate shall be permitted to receive more than one degree on the +same day, nor shall a higher degree in Masonry be conferred on any Brother +at a less interval than four weeks from his receiving a previous degree, +nor until he has passed an examination in open lodge in that degree."[74] + +This seems to be the recognized principle on which the fraternity are, at +this day, acting in this country. The rule is, perhaps, sometimes, and in +some places, in abeyance. A few lodges, from an impolitic desire to +increase their numerical strength, or rapidly to advance men of worldly +wealth or influence to high stations in the Order, may infringe it, and +neglect to demand of their candidates that suitable proficiency which +ought to be, in Masonry, an essential recommendation to promotion; but the +great doctrine that each degree should be well studied, and the candidate +prove his proficiency in it by an examination, has been uniformly set +forth by the Grand Lodge of the United States, whenever they have +expressed an opinion on the subject. + +Thus, for instance, in 1845, the late Bro. A.A. Robertson, Grand Master of +New York, gave utterance to the following opinion, in his annual address +to the intelligent body over which he presided: + +"The practice of examining candidates in the prior degrees, before +admission to the higher, in order to ascertain their proficiency, is +gaining the favorable notice of Masters of lodges, and cannot be too +highly valued, nor too strongly recommended to all lodges in this +jurisdiction. It necessarily requires the novitiate to reflect upon the +bearing of all that has been so far taught him, and consequently to +impress upon his mind the beauty and utility of those sublime truths, +which have been illustrated in the course of the ceremonies he has +witnessed in his progress in the mystic art. In a word, it will be the +means of making competent overseers of the work--and no candidate should +be advanced, until he has satisfied the lodge, by such examination, that +he has made the necessary proficiency in the lower degrees."[75] + +In 1845, the Grand Lodge of Iowa issued a circular to her subordinates, +in which she gave the following admonition: + +"To guard against hasty and improper work, she prohibits a candidate from +being advanced till he has made satisfactory proficiency in the preceding +degrees, by informing himself of the lectures pertaining thereto; and to +suffer a candidate to proceed who is ignorant in this essential +particular, is calculated in a high degree to injure the institution and +retard its usefulness." + +The Grand Lodge of Illinois has practically declared its adhesion to the +ancient regulation; for, in the year 1843, the dispensation of Nauvoo +Lodge, one of its subordinates, was revoked principally on the ground that +she was guilty "of pushing the candidate through the second and third +degrees, before he could possibly be skilled in the preceding degree." And +the committee who recommended the revocation, very justly remarked that +they were not sure that any length of probation would in all cases insure +skill, but they were certain that the ancient landmarks of the Order +required that the lodge should know that the candidate is well skilled in +one degree before being admitted to another. + +The Grand Lodges of Massachusetts and South Carolina have adopted, almost +in the precise words, the regulation of the Grand Lodge of England, +already cited, which requires an interval of one month to elapse between +the conferring of degrees. The Grand Lodge of New Hampshire requires a +greater probation for its candidates; its constitution prescribes the +following regulation: "All Entered Apprentices must work five months as +such, before they can be admitted to the degree of Fellow Craft. All +Fellow Crafts must work in a lodge of Fellow Crafts three months, before +they can be raised to the sublime degree of Master Mason. Provided, +nevertheless, that if any Entered Apprentice, or Fellow Craft, shall make +himself thoroughly acquainted with all the information belonging to his +degree, he may be advanced at an earlier period, at the discretion of the +lodge." + +But, perhaps, the most stringent rule upon this subject, is that which +exists in the Constitution of the Grand Lodge of Hanover, which is in the +following words: + +"No Brother can be elected an officer of a lodge until he has been three +years a Master Mason. A Fellow Craft must work at least one year in that +degree, before he can be admitted to the third degree. An Entered +Apprentice must remain at least two years in that degree." + +It seems unnecessary to extend these citations. The existence of the +regulation, which requires a necessary probation in candidates, until due +proficiency is obtained, is universally admitted. The ancient +constitutions repeatedly assert it, and it has received the subsequent +sanction of innumerable Masonic authorities. But, unfortunately, the +practice is not always in accordance with the rule. And, hence, the object +of this article is not so much to demonstrate the existence of the law, as +to urge upon our readers the necessity of a strict adherence to it. There +is no greater injury which can be inflicted on the Masonic Order (the +admission of immoral persons excepted), than that of hurrying candidates +through the several degrees. Injustice is done to the institution, whose +peculiar principles and excellencies are never properly presented--and +irreparable injury to the candidate, who, acquiring no fair appreciation +of the ceremonies through which he rapidly passes, or of the instructions +which he scarcely hears, is filled either with an indifference that never +afterwards can be warmed into zeal, or with a disgust that can never be +changed into esteem. Masonry is betrayed in such an instance by its +friends, and often loses the influence of an intelligent member, who, if +he had been properly instructed, might have become one of its warmest and +most steadfast advocates. + +This subject is so important, that I will not hesitate to add to the +influence of these opinions the great sanction of Preston's authority. + +"Many persons," says that able philosopher of Masonry, "are deluded by the +vague supposition that our mysteries are merely nominal; that the +practices established among us are frivolous, and that our ceremonies may +be adopted, or waived at pleasure. On this false foundation, we find them +hurrying through all the degrees of the Order, without adverting to the +propriety of one step they pursue, or possessing a single qualification +requisite for advancement. Passing through the usual formalities, they +consider themselves entitled to rank as masters of the art, solicit and +accept offices, and assume the government of the lodge, equally +unacquainted with the rules of the institution they pretend to support, or +the nature of the trust they engage to perform. The consequence is +obvious; anarchy and confusion ensue, and the substance is lost in the +shadow. Hence men eminent for ability, rank, and fortune, are often led to +view the honors of Masonry with such indifference, that when their +patronage is solicited, they either accept offices with reluctance, or +reject them with disdain."[76] + +Let, then, no lodge which values its own usefulness, or the character of +our institution, admit any candidate to a higher degree, until he has made +suitable proficiency in the preceding one, to be always tested by a strict +examination in open lodge. Nor can it do so, without a palpable violation +of the laws of Masonry. + + + +Section X. + +_Of Balloting for Candidates in each Degree._ + + +Although there is no law, in the Ancient Constitutions, which in express +words requires a ballot for candidates in each degree, yet the whole tenor +and spirit of these constitutions seem to indicate that there should be +recourse to such a ballot. The constant reference, in the numerous +passages which were cited in the preceding Section, to the necessity of +an examination into the proficiency of those who sought advancement, would +necessarily appear to imply that a vote of the lodge must be taken on the +question of this proficiency. Accordingly, modern Grand Lodges have +generally, by special enactment, required a ballot to be taken on the +application of an Apprentice or Fellow Craft for advancement, and where no +such regulation has been explicitly laid down, the almost constant usage +of the craft has been in favor of such ballot. + +The Ancient Constitutions having been silent on the subject of the letter +of the law, local usage or regulations must necessarily supply the +specific rule. + +Where not otherwise provided by the Constitutions of a Grand Lodge or the +bye-laws of a subordinate lodge, analogy would instruct us that the +ballot, on the application of Apprentices or Fellow Crafts for +advancement, should be governed by the same principles that regulate the +ballot on petitions for initiation. + +Of course, then, the vote should be unanimous: for I see no reason why a +lodge of Fellow Crafts should be less guarded in its admission of +Apprentices, than a lodge of Apprentices is in its admission of profanes. + +Again, the ballot should take place at a stated meeting, so that every +member may have "due and timely notice," and be prepared to exercise his +"inherent privilege" of granting or withholding his consent; for it must +be remembered that the man who was worthy or supposed to be so, when +initiated as an Entered Apprentice, may prove to be unworthy when he +applies to pass as a Fellow Graft, and every member should, therefore, +have the means and opportunity of passing his judgment on that worthiness +or unworthiness. + +If the candidate for advancement has been rejected once, he may again +apply, if there is no local regulation to the contrary. But, in such a +case, due notice should be given to all the members, which is best done by +making the application at one regular meeting, and voting for it on the +next. This, however, I suppose to be only necessary in the case of a +renewed application after a rejection. An Entered Apprentice or a Fellow +Craft is entitled after due probation to make his application for +advancement; and his first application may be balloted for on the same +evening, provided it be a regular meeting of the lodge. The members are +supposed to know what work is before them to do, and should be there to +do it. + +But the case is otherwise whenever a candidate for advancement has been +rejected. He has now been set aside by the lodge, and no time is laid down +in the regulations or usages of the craft for his making a second +application. He may never do so, or he may in three months, in a year, or +in five years. The members are, therefore, no more prepared to expect this +renewed application at any particular meeting of the lodge, than they are +to anticipate any entirely new petition of a profane. If, therefore, the +second application is not made at one regular meeting and laid over to the +next, the possibility is that the lodge may be taken by surprise, and in +the words of the old Regulation, "a turbulent member may be imposed on +it." + +The inexpediency of any other course may be readily seen, from a +suppositions case. We will assume that in a certain lodge, A, who is a +Fellow Craft, applies regularly for advancement to the third degree. On +this occasion, for good and sufficient reasons, two of the members, B and +C, express their dissent by depositing black balls. His application to be +raised is consequently rejected, and he remains a Fellow Graft. Two or +three meetings of the lodge pass over, and at each, B and C are present; +but, at the fourth meeting, circumstances compel their absence, and the +friends of A, taking advantage of that occurrence, again propose him for +advancement; the ballot is forthwith taken, and he is elected and raised +on the same evening. The injustice of this course to B and C, and the evil +to the lodge and the whole fraternity, in this imposition of one who is +probably an unworthy person, will be apparent to every intelligent and +right-minded Mason. + +I do not, however, believe that a candidate should be rejected, on his +application for advancement, in consequence of objections to his moral +worth and character. In such a case, the proper course would be to prefer +charges, to try him as an Apprentice or Fellow Craft; and, if found +guilty, to suspend, expel, or otherwise appropriately punish him. The +applicant as well as the Order is, in such a case, entitled to a fair +trial. Want of proficiency, or a mental or physical disqualification +acquired since the reception of the preceding degree, is alone a +legitimate cause for an estoppal of advancement by the ballot. But this +subject will be treated of further in the chapter on the rights of Entered +Apprentices. + + + +Section XI. + +_Of the Number to be Initiated at one Communication._ + + +The fourth General Regulation decrees that "no Lodge shall make more than +five new Brothers at one time." This regulation has been universally +interpreted (and with great propriety) to mean that not more than five +degrees can be conferred at the same communication. + +This regulation is, however, subject to dispensation by the Grand Master, +or Presiding Grand Officer, in which case the number to be initiated, +passed, or raised, will be restricted only by the words of the +dispensation. + +The following, or fifth General Regulation, says that "no man can be made +or admitted a member of a particular lodge, without previous notice, one +month before, given to the same lodge." + +Now, as a profane cannot be admitted an Entered Apprentice, or in other +words, a member of an Entered Apprentices' lodge, unless after one month's +notice, so it follows that an Apprentice cannot be admitted a member of a +Fellow Crafts' lodge, nor a Fellow Craft of a Masters', without the like +probation. For the words of the regulation which apply to one, will +equally apply to the others. And hence we derive the law, that a month at +least must always intervene between the reception of one degree and the +advancement to another. But this rule is also subject to a dispensation. + + + +Section XII. + +_Of Finishing the Candidates of one Lodge in another._ + + +It is an ancient and universal regulation, that no lodge shall interfere +with the work of another by initiating its candidates, or passing or +raising its Apprentices and Fellow Crafts. Every lodge is supposed to be +competent to manage its own business, and ought to be the best judge of +the qualifications of its own members, and hence it would be highly +improper in any lodge to confer a degree on a Brother who is not of its +household. + +This regulation is derived from a provision in the Ancient Charges, which +have very properly been supposed to contain the fundamental law of +Masonry, and which prescribes the principle of the rule in the following +symbolical language: + +"None shall discover envy at the prosperity of a Brother, nor supplant him +or put him out of his work, if he be capable to finish the same; for no +man can finish another's work, so much to the Lord's profit, unless he be +thoroughly acquainted with the designs and draughts of him that began it." + +There is, however, a case in which one lodge may, by consent, legally +finish the work of another. Let us suppose that a candidate has been +initiated in a lodge at A----, and, before he receives his second degree, +removes to B----, and that being, by the urgency of his business, unable +either to postpone his departure from A----, until he has been passed and +raised, or to return for the purpose of his receiving his second and third +degrees, then it is competent for the lodge at A---- to grant permission +to the lodge at B---- to confer them on the candidate. + +But how shall this permission be given--by a unanimous vote, or merely by +a vote of the majority of the members at A----? Here it seems to me that, +so far as regards the lodge at A----, the reasons for unanimity no longer +exist. There is here no danger that a "fractious member will be imposed on +them," as the candidate, when finished, will become a member of the lodge +at B----. The question of consent is simply in the nature of a +resolution, and may be determined by the assenting votes of a majority of +the members at A---. It is, however, to be understood, that if any Brother +believes that the candidate is unworthy, from character, of further +advancement, he may suspend the question of consent, by preferring charges +against him. If this is not done, and the consent of the lodge is +obtained, that the candidate may apply to the lodge at B---, then when his +petition is read in that lodge, it must, of course, pass through the usual +ordeal of a month's probation, and a unanimous vote; for here the old +reasons for unanimity once more prevail. + +I know of no ancient written law upon this subject, but it seems to me +that the course I have described is the only one that could be suggested +by analogy and common sense. + + + +Section XIII. + +_Of the Initiation of Non-residents._ + + +The subject of this section is naturally divided into two +branches:--First, as to the initiation by a lodge of a candidate, who, +residing in the same State or Grand Lodge jurisdiction, is still not an +inhabitant of the town in which the lodge to which he applies is +situated, but resides nearer to some other lodge; and, secondly, as to the +initiation of a stranger, whose residence is in another State, or under +the jurisdiction of another Grand Lodge. + +1. The first of these divisions presents a question which is easily +answered. Although I can find no ancient regulation on this subject, +still, by the concurrent authority of all Grand Lodges in this country, at +least, (for the Grand Lodge of England has no such provision in its +Constitution,) every lodge is forbidden to initiate any person whose +residence is nearer to any other lodge. If, however, such an initiation +should take place, although the lodge would be censurable for its +violation of the regulations of its superior, yet there has never been any +doubt that the initiation would be good and the candidate so admitted +regularly made. The punishment must fall upon the lodge and not upon the +newly-made Brother. + +2. The second division presents a more embarrassing inquiry, on account of +the diversity of opinions which have been entertained on the subject. Can +a lodge in one State, or Grand Lodge jurisdiction, initiate the resident +of another State, and would such initiation be lawful, and the person so +initiated a regular Mason, or, to use the technical language of the Order, +a Mason made "in due form," and entitled to all the rights and privileges +of the Order? + +The question is one of considerable difficulty; it has given occasion to +much controversy, and has been warmly discussed within the last few years +by several of the Grand Lodges of the United States. + +In 1847, the Grand Lodge of Alabama adopted the following regulation, +which had been previously enacted by the Grand Lodge of Tennessee: + +"Any person residing within the jurisdiction of this Grand Lodge, who has +already, or shall hereafter, travel into any foreign jurisdiction, and +there receive the degrees of Masonry, such person shall not be entitled to +the rights, benefits, and privileges of Masonry within this jurisdiction, +until he shall have been regularly admitted a member of the subordinate +lodge under this Grand Lodge, nearest which he at the time resides, in the +manner provided by the Constitution of this Grand Lodge for the admission +of members." + +The rule adopted by the Grand Lodge of Maryland is still more stringent. +It declares, "that if any individual, from selfish motives, from distrust +of his acceptance, or other causes originating in himself, knowingly and +willfully travel into another jurisdiction, and there receive the masonic +degrees, he shall be considered and held as a clandestine made Mason." + +The Grand Lodge of New York, especially, has opposed these regulations, +inflicting a penalty on the initiate, and assigns its reasons for the +opposition in the following language: + +"Before a man becomes a Mason, he is subject to no law which any Grand +Lodge can enact. No Grand Lodge has a right to make a law to compel any +citizen, who desires, to be initiated in a particular lodge, or in the +town or State of his residence; neither can any Grand Lodge forbid a +citizen to go where he pleases to seek acceptance into fellowship with the +craft; and where there is no right to compel or to forbid, there can be no +right to punish; but it will be observed, that the laws referred to were +enacted to punish the citizens of Maryland and Alabama, as Masons and +Brethren, for doing something before they were Masons and Brethren, which +they had a perfect right to do as citizens and freemen; and it must +certainly be regarded as an act of deception and treachery by a young +Mason, on returning home, to be told, that he is 'a clandestine Mason,' +that he 'ought to be expelled,' or, that he cannot be recognized as a +Brother till he 'joins a lodge where his residence is,' because he was +initiated in New York, in England, or in France, after having heard all +his life of the universality and oneness of the institution."[77] + +It seems to us that the Grand Lodge of New York has taken the proper view +of the subject; although we confess that we are not satisfied with the +whole course of reasoning by which it has arrived at the conclusion. +Whatever we may be inclined to think of the inexpediency of making +transient persons (and we certainly do believe that it would be better +that the character and qualifications of every candidate should be +submitted to the inspection of his neighbors rather than to that of +strangers), however much we may condemn the carelessness and facility of a +lodge which is thus willing to initiate a stranger, without that due +examination of his character, which, of course, in the case of +non-residents, can seldom be obtained, we are obliged to admit that such +makings are legal--the person thus made cannot be called a clandestine +Mason, because he has been made in a legally constituted lodge--and as he +is a regular Mason, we know of no principle by which he can be refused +admission as a visitor into any lodge to which he applies. + +Masonry is universal in its character, and knows no distinction of nation +or of religion. Although each state or kingdom has its distinct Grand +Lodge, this is simply for purposes of convenience in carrying out the +principles of uniformity and subordination, which should prevail +throughout the masonic system. The jurisdiction of these bodies is +entirely of a masonic character, and is exercised only over the members of +the Order who have voluntarily contracted their allegiance. It cannot +affect the profane, who are, of course, beyond its pale. It is true, that +as soon as a candidate applies to a lodge for initiation, he begins to +come within the scope of masonic law. He has to submit to a prescribed +formula of application and entrance, long before he becomes a member of +the Order. But as this formula is universal in its operation, affecting +candidates who are to receive it and lodges which are to enforce it in all +places, it must have been derived from some universal authority. The +manner, therefore, in which a candidate is to be admitted, and the +preliminary qualifications which are requisite, are prescribed by the +landmarks, the general usage, and the ancient constitutions of the Order. +And as they have directed the _mode how_, they might also have prescribed +the _place where_, a man should be made a Mason. But they have done no +such thing. We cannot, after the most diligent search, find any +constitutional regulation of the craft, which refers to the initiation of +non-residents. The subject has been left untouched; and as the ancient and +universally acknowledged authorities of Masonry have neglected to +legislate on the subject, it is now too late for any modern and local +authority, like that of a Grand Lodge, to do so. + +A Grand Lodge may, it is true, forbid--as Missouri, South Carolina, +Georgia, and several other Grand Lodges have done--the initiation of +non-residents, within its own jurisdiction, because this is a local law +enacted by a local authority; but it cannot travel beyond its own +territory, and prescribe the same rule to another Grand Lodge, which may +not, in fact, be willing to adopt it. + +The conclusions, then, at which we arrive no this subject are these: The +ancient constitutions have prescribed no regulation on the subject of the +initiation of non-residents; it is, therefore, optional with every Grand +Lodge, whether it will or will not suffer such candidates to be made +within its own jurisdiction; the making, where it is permitted, is legal, +and the candidate so made becomes a regular Mason, and is entitled to the +right of visitation. + +What, then, is the remedy, where a person of bad character, and having, in +the language of the Grand Lodge of Maryland, "a distrust of his +acceptance" at home, goes abroad and receives the degrees of Masonry? No +one will deny that such a state of things is productive of great evil to +the craft. Fortunately, the remedy is simple and easily applied. Let the +lodge, into whose jurisdiction he has returned, exercise its power of +discipline, and if his character and conduct deserve the punishment, let +him be expelled from the Order. If he is unworthy of remaining in the +Order, he should be removed from it at once; but if he is worthy of +continuing in it, there certainly can be no objection to his making use of +his right to visit. + + + + +Chapter II. + +Of the Rights of Entered Apprentices. + + + +In an inquiry into the rights of Entered Apprentices, we shall not be much +assisted by the Ancient Constitutions, which, leaving the subject in the +position in which usage had established it, are silent in relation to what +is the rule. In all such cases, we must, as I have frequently remarked +before, in settling the law, have recourse to analogy, to the general +principles of equity, and the dictates of common sense, and, with these +three as our guides, we shall find but little difficulty in coming to a +right conclusion. + +At present, an Entered Apprentice is not considered a member of the Lodge, +which privilege is only extended to Master Masons. This was not formerly +the case. Then the Master's degree was not as indiscriminately conferred +as it is now. A longer probation and greater mental or moral +qualifications were required to entitle a candidate to this sublime +dignity. None were called Master Masons but such as had presided over +their Lodges, and the office of Wardens was filled by Fellow Crafts. +Entered Apprentices, as well as Fellow Crafts, were permitted to attend +the communications of the Grand Lodge, and express their opinions; and, in +1718, it was enacted that every new regulation, proposed in the Grand +Lodge, should be submitted to the consideration of even the youngest +Entered Apprentice. Brethren of this degree composed, in fact, at that +time, the great body of the craft. But, all these things have, since, by +the gradual improvement of our organization, undergone many alterations; +and Entered Apprentices seem now, by universal consent, to be restricted +to a very few rights. They have the right of sitting in all lodges of +their degree, of receiving all the instructions which appertain to it, but +not of speaking or voting, and, lastly, of offering themselves as +candidates for advancement, without the preparatory necessity of a formal +written petition. + +These being admitted to be the rights of an Entered Apprentice, few and +unimportant as they may be, they are as dear to him as those of a Master +Mason are to one who has been advanced to that degree; and he is, and +ought to be, as firmly secured in their possession. Therefore, as no Mason +can be deprived of his rights and privileges, except after a fair and +impartial trial, and the verdict of his peers, it is clear that the +Entered Apprentice cannot be divested of these rights without just such a +trial and verdict. + +But, in the next place, we are to inquire whether the privilege of being +passed as a Fellow Craft is to be enumerated among these rights? And, we +clearly answer, No. The Entered Apprentice has the right of making the +application. Herein he differs from a profane, who has no such right of +application until he has qualified himself for making it, by becoming an +Entered Apprentice. But, if the application is granted, it is _ex gratia_, +or, by the favour of the lodge, which may withhold it, if it pleases. If +such were not the case, the lodge would possess no free will on the +subject of advancing candidates; and the rule requiring a probation and an +examination, before passing, would be useless and absurd--because, the +neglect of improvement or the want of competency would be attended with no +penalty. + +It seems to me, then, that, when an Apprentice applies for his second +degree, the lodge may, if it thinks proper, refuse to grant it; and that +it may express that refusal by a ballot. No trial is necessary, because no +rights of the candidate are affected. He is, by a rejection of his +request, left in the same position that he formerly occupied. He is still +an Entered Apprentice, in good standing; and the lodge may, at any time it +thinks proper, reverse its decision and proceed to pass him. + +If, however, he is specifically charged with any offense against the laws +of Masonry, it would then be necessary to give him a trial. Witnesses +should be heard, both for and against him, and he should be permitted to +make his defense. The opinion of the lodge should be taken, as in all +other cases of trial, and, according to the verdict, he should be +suspended, expelled, or otherwise punished. + +The effect of these two methods of proceeding is very different. When, by +a ballot, the lodge refuses to advance an Entered Apprentice, there is +not, necessarily, any stigma on his moral character. It may be, that the +refusal is based on the ground that he has not made sufficient proficiency +to entitle him to pass. Consequently, his standing as an Entered +Apprentice is not at all affected. His rights remain the same. He may +still sit in the lodge when it is opened in his degree; he may still +receive instructions in that degree; converse with Masons on masonic +subjects which are not beyond his standing; and again apply to the lodge +for permission to pass as a Fellow Craft. + +But, if he be tried on a specific charge, and be suspended or expelled, +his moral character is affected. His masonic rights are forfeited; and he +can no longer be considered as an Entered Apprentice in good standing. He +will not be permitted to sit in his lodge, to receive masonic instruction, +or to converse with Masons on masonic subjects; nor can he again apply for +advancement until the suspension or expulsion is removed by the +spontaneous action of the lodge. + +These two proceedings work differently in another respect. The Grand Lodge +will not interfere with a subordinate lodge in compelling it to pass an +Entered Apprentice; because every lodge is supposed to be competent to +finish, in its own time, and its own way, the work that it has begun. But, +as the old regulations, as well as the general consent of the craft, admit +that the Grand Lodge alone can expel from the rights and privileges of +Masonry, and that an expulsion by a subordinate lodge is inoperative until +it is confirmed by the Grand Lodge, it follows that the expulsion of the +Apprentice must be confirmed by that body; and that, therefore, he has a +right to appeal to it for a reversal of the sentence, if it was unjustly +pronounced. + +Let it not be said that this would be placing an Apprentice on too great +an equality with Master Masons. His rights are dear to him; he has paid +for them. No man would become an Apprentice unless he expected, in time, +to be made a Fellow Craft, and then a Master. He is, therefore, morally +and legally wronged when he is deprived, without sufficient cause, of the +capacity of fulfilling that expectation. It is the duty of the Grand Lodge +to see that not even the humblest member of the craft shall have his +rights unjustly invaded; and it is therefore bound, as the conservator of +the rights of all, to inquire into the truth, and administer equity. +Whenever, therefore, even an Entered Apprentice complains that he has met +with injustice and oppression, his complaint should be investigated and +justice administered. + +The question next occurs--What number of black balls should prevent an +Apprentice from passing to the second degree? I answer, the same number +that would reject the application of a profane for initiation into the +Order. And why should this not be so? Are the qualifications which would +be required of one applying, for the first time, for admission to the +degree of an Apprentice more than would subsequently be required of the +same person on his applying for a greater favor and a higher honor--that +of being advanced to the second degree? Or do the requisitions, which +exist in the earlier stages of Masonry, become less and less with every +step of the aspirant's progress? Viewing the question in this light--and, +indeed, I know of no other in which to view it--it seems to me to be +perfectly evident that the peculiar constitution and principles of our +Order will require unanimity in the election of a profane for initiation, +of an Apprentice for a Fellow Craft, and of a Fellow Craft for a Master +Mason; and that, while no Entered Apprentice can be expelled from the +Order, except by due course of trial, it is competent for the lodge, at +any time, on a ballot, to refuse to advance him to the second degree. But, +let it be remembered that the lodge which refuses to pass an Apprentice, +on account of any objections to his moral character, or doubts of his +worthiness, is bound to give him the advantage of a trial, and at once to +expel him, if guilty, or, if innocent, to advance him when otherwise +qualified. + + + + +Chapter III. + +Of the Rights of Fellow Crafts. + + + +In ancient times there were undoubtedly many rights attached to the second +degree which have now become obsolete or been repealed; for formerly the +great body of the fraternity were Fellow Crafts, and according to the old +charges, even the Grand Master might be elected from among them. The +Master and Wardens of Subordinate Lodges always were. Thus we are told +that no Brother can be Grand Master, "unless he has been a Fellow Craft +before his election," and in the ancient manner of constituting a lodge, +contained in the Book of Constitutions,[78] it is said that "the +candidates, or the new Master and Wardens, being yet among the Fellow +Crafts, the Grand Master shall ask his Deputy if he has examined them," +etc. But now that the great body of the Fraternity consists of Master +Masons, the prerogatives of Fellow Crafts are circumscribed within limits +nearly as narrow as those of Entered Apprentices. While, however, +Apprentices are not permitted to speak or vote, in ancient times, and up, +indeed, to a very late date. Fellow Crafts were entitled to take a part in +any discussion in which the lodge, while open in the first or second +degree, might engage, but not to vote. This privilege is expressly stated +by Preston, as appertaining to a Fellow Craft, in his charge to a +candidate, receiving that degree. + +"As a Craftsman, in our private assemblies you may offer your sentiments +and opinions on such subjects as are regularly introduced in the Lecture, +under the superintendence of an experienced Master, who will guard the +landmark against encroachment."[79] + +This privilege is not now, however, granted in this country to Fellow +Crafts. All, therefore, that has been said in the preceding chapter, of +the rights of Entered Apprentices, will equally apply, _mutatis mutandis_, +to the rights of Fellow Crafts. + + + + +Chapter IV. + +Of the Rights of Master Masons. + + + +When a Mason has reached the third degree, he becomes entitled to all the +rights and privileges of Ancient Craft Masonry. These rights are extensive +and complicated; and, like his duties, which are equally as extensive, +require a careful examination, thoroughly to comprehend them. Four of +them, at least, are of so much importance as to demand a distinct +consideration. These are the rights of membership, of visitation, of +relief, and of burial. To each I shall devote a separate section. + + + +Section I. + +_Of the Right of Membership._ + + +The whole spirit and tenor of the General Regulations, as well as the +uniform usage of the craft, sustain the doctrine, that when a Mason is +initiated in a lodge, he has the right, by signing the bye-laws, to +become a member without the necessity of submitting to another ballot. In +the Constitutions of the Grand Lodge of New York, this principle is +asserted to be one of the ancient landmarks, and is announced in the +following words: "Initiation makes a man a Mason; but he must receive the +Master's degree, and sign the bye-laws before he becomes a member of the +lodge."[80] If the doctrine be not exactly a landmark (which I confess I +am not quite prepared to admit), it comes to us almost clothed with the +authority of one, from the sanction of universal and uninterrupted usage. + +How long before he loses this right by a _non-user_, or neglect to avail +himself of it, is, I presume, a question to be settled by local authority. +A lodge, or a Grand Lodge, may affix the period according to its +discretion; but the general custom is, to require a signature of the +bye-laws, and a consequent enrollment in the lodge, within three months +after receiving the third degree. Should a Mason neglect to avail himself +of his privilege, he forfeits it (unless, upon sufficient cause, he is +excused by the lodge), and must submit to a ballot. + +The reason for such a law is evident. If a Mason does not at once unite +himself with the lodge in which he was raised, but permits an extended +period of time to elapse, there is no certainty that his character or +habits may not have changed, and that he may not have become, since his +initiation, unworthy of affiliation. Under the general law, it is, +therefore, necessary that he should in such case submit to the usual +probation of one month, and an investigation of his qualifications by a +committee, as well as a ballot by the members. + +But there are other privileges also connected with this right of +membership. A profane is required to apply for initiation to the lodge +nearest his place of residence, and, if there rejected, can never in +future apply to any other lodge. But the rule is different with respect to +the application of a Master Mason for membership. + +A Master Mason is not restricted in his privilege of application for +membership within any geographical limits. All that is required of him is, +that he should be an affiliated Mason; that is, that he should be a +contributing member of a lodge, without any reference to its peculiar +locality, whether near to or distant from his place of residence. The Old +Charges simply prescribe, that every Mason ought to belong to a lodge. A +Mason, therefore, strictly complies with this regulation, when he unites +himself with any lodge, thus contributing to the support of the +institution, and is then entitled to all the privileges of an affiliated +Mason. + +A rejection of the application of a Master Mason for membership by a lodge +does not deprive him of the right of applying to another. A Mason is in +"good standing" until deprived of that character by the action of some +competent masonic authority; and that action can only be by suspension or +expulsion. Rejection does not, therefore, affect the "good standing" of +the applicant; for in a rejection there is no legal form of trial, and +consequently the rejected Brother remains in the same position after as +before his rejection. He possesses the same rights as before, unimpaired +and undiminished; and among these rights is that of applying for +membership to any lodge that he may select. + +If, then, a Mason may be a member of a lodge distant from his place of +residence, and, perhaps, even situated in a different jurisdiction, the +question then arises whether the lodge within whose precincts he resides, +but of which he is not a member, can exercise its discipline over him +should he commit any offense requiring masonic punishment. On this subject +there is, among masonic writers, a difference of opinion. I, however, +agree with Brother Pike, the able Chairman of the Committee of +Correspondence of Arkansas, that the lodge can exercise such discipline. I +contend that a Mason is amenable for his conduct not only to the lodge of +which he may be a member, but also to any one within whose jurisdiction he +permanently resides. A lodge is the conservator of the purity and the +protector of the integrity of the Order within its precincts. The unworthy +conduct of a Mason, living as it were immediately under its government, is +calculated most injuriously to affect that purity and integrity. A lodge, +therefore, should not be deprived of the power of coercing such unworthy +Mason, and, by salutary punishment, of vindicating the character of the +institution. Let us suppose, by way of example, that a Mason living in San +Francisco, California, but retaining his membership in New York, behaves +in such an immoral and indecorous manner as to bring the greatest +discredit upon the Order, and to materially injure it in the estimation of +the uninitiated community. Will it be, for a moment, contended that a +lodge in San Francisco cannot arrest the evil by bringing the unworthy +Mason under discipline, and even ejecting him from the fraternity, if +severity like that is necessary for the protection of the institution? Or +will it be contended that redress can only be sought through the delay and +uncertainty of an appeal to his lodge in New York? Even if the words of +the ancient laws are silent on this subject, reason and justice would seem +to maintain the propriety and expediency of the doctrine that the lodge at +San Francisco is amply competent to extend its jurisdiction and exercise +its discipline over the culprit. + +In respect to the number of votes necessary to admit a Master Mason +applying by petition for membership in a lodge, there can be no doubt that +he must submit to precisely the same conditions as those prescribed to a +profane on his petition for initiation. There is no room for argument +here, for the General Regulations are express on this subject. + +"No man can be made or _admitted a member_ of a particular lodge," says +the fifth regulation, "without previous notice one month before given to +the said lodge." + +And the sixth regulation adds, that "no man can be entered a Brother in +any particular lodge, or _admitted to be a member_ thereof, without the +unanimous consent of all the members of that lodge then present." + +So that it may be considered as settled law, so far as the General +Regulations can settle a law of Masonry, that a Master Mason can only be +admitted a member of a lodge when applying by petition, after a month's +probation, after due inquiry into his character, and after a unanimous +ballot in his favor. + +But there are other rights of Master Masons consequent upon membership, +which remain to be considered. In uniting with a lodge, a Master Mason +becomes a participant of all its interests, and is entitled to speak and +vote upon all subjects that come before the lodge for investigation. He is +also entitled, if duly elected by his fellows, to hold any office in the +lodge, except that of Master, for which he must be qualified by previously +having occupied the post of a Warden. + +A Master has the right in all cases of an appeal from the decision of the +Master or of the lodge. + +A Master Mason, in good standing, has a right at any time to demand from +his lodge a certificate to that effect. + +Whatever other rights may appertain to Master Masons will be the subjects +of separate sections. + + + +Section II. + +_Of the Right of Visit._ + + +Every Master Mason, who is an affiliated member of a lodge, has the right +to visit any other lodge as often as he may desire to do so. This right is +secured to him by the ancient regulations, and is, therefore, +irreversible. In the "Ancient Charges at the Constitution of a Lodge," +formerly contained in a MS. of the Lodge of Antiquity in London, and whose +date is not later than 1688,[81]it is directed "that every Mason receive +and cherish strange fellows when they come over the country, and set them +on work, if they will work as the manner is; that is to say, if the Mason +have any mould stone in his place, he shall give him a mould stone, and +set him on work; and if he have none, the Mason shall refresh him with +money unto the next lodge." + +This regulation is explicit. It not only infers the right of visit, but +it declares that the strange Brother shall be welcomed, "received, and +cherished," and "set on work," that is, permitted to participate in the +work of your lodge. Its provisions are equally applicable to Brethren +residing in the place where the lodge is situated as to transient +Brethren, provided that they are affiliated Masons. + +In the year 1819, the law was in England authoritatively settled by a +decree of the Grand Lodge. A complaint had been preferred against a lodge +in London, for having refused admission to some Brethren who were well +known to them, alleging that as the lodge was about to initiate a +candidate, no visitor could be admitted until that ceremony was concluded. +It was then declared, "that it is the undoubted right of every Mason who +is well known, or properly vouched, to visit any lodge during the time it +is opened for general masonic business, observing the proper forms to be +attended to on such occasions, and so that the Master may not be +interrupted in the performance of his duty."[82] + +A lodge, when not opened for "general masonic business," but when engaged +in the consideration of matters which interest the lodge alone, and which +it would be inexpedient or indelicate to make public, may refuse to admit +a visitor. Lodges engaged in this way, in private business, from which +visitors are excluded, are said by the French Masons to be opened "_en +famille_." + +To entitle him to this right of visit, a Mason must be affiliated, that +is, he must be a contributing member of some lodge. This doctrine is thus +laid down in the Constitutions of the Grand Lodge of England: + +"A Brother who is not a subscribing member to some lodge, shall not be +permitted to visit any one lodge in the town or place in which he resides, +more than once during his secession from the craft." + +A non-subscribing or unaffiliated Mason is permitted to visit each lodge +once, and once only, because it is supposed that this visit is made for +the purpose of enabling him to make a selection of the one with which he +may prefer permanently to unite. But, afterwards, he loses this right of +visit, to discountenance those Brethren who wish to continue members of +the Order, and to partake of its pleasures and advantages, without +contributing to its support. + +A Master Mason is not entitled to visit a lodge, unless he previously +submits to an examination, or is personally vouched for by a competent +Brother present; but this is a subject of so much importance as to claim +consideration in a distinct section. + +Another regulation is, that a strange Brother shall furnish the lodge he +intends to visit with a certificate of his good standing in the lodge from +which he last hailed. This regulation has, in late years, given rise to +much discussion. Many of the Grand Lodges of this country, and several +masonic writers, strenuously contend for its antiquity and necessity, +while others as positively assert that it is a modern innovation upon +ancient usage. + +There can, however, I think, be no doubt of the antiquity of certificates. +That the system requiring them was in force nearly two hundred years ago, +at least, will be evident from the third of the Regulations made in +General Assembly, December 27, 1663, under the Grand Mastership of the +Earl of St. Albans,[83] and which is in the following words: + +"3. That no person hereafter who shall be accepted a Freemason, shall be +admitted into any lodge or assembly, until he has brought a certificate +of the time and place of his acceptation, from the lodge that accepted +him, unto the Master of that limit or division where such a lodge is +kept." This regulation has been reiterated on several occasions, by the +Grand Lodge of England in 1772, and at subsequent periods by several Grand +Lodges of this and other countries. It is not, however, in force in many +of the American jurisdictions. + +Another right connected with the right of visitation is, that of demanding +a sight of the Warrant of Constitution. This instrument it is, indeed, not +only the right but the duty of every strange visitor carefully to inspect, +before he enters a lodge, that he may thus satisfy himself of the legality +and regularity of its character and authority. On such a demand being made +by a visitor for a sight of its Warrant, every lodge is bound to comply +with the requisition, and produce the instrument. The same rule, of +course, applies to lodges under dispensation, whose Warrant of +Dispensation supplies the place of a Warrant of Constitution. + + + +Section III. + +_Of the Examination of Visitors._ + + +It has already been stated, in the preceding section, that a Master Mason +is not permitted to visit a lodge unless he previously submits to an +examination, or is personally vouched for by some competent Brother +present. The prerogative of vouching for a Brother is an important one, +and will constitute the subject of the succeeding section. At present let +us confine ourselves to the consideration of the mode of examining a +visitor. + +Every visitor, who offers himself to the appointed committee of the lodge +for examination, is expected, as a preliminary step, to submit to the +Tiler's Obligation; so called, because it is administered in the Tiler's +room. As this obligation forms no part of the secret ritual of the Order, +but is administered to every person before any lawful knowledge of his +being a Mason has been received, there can be nothing objectionable in +inserting it here, and in fact, it will be advantageous to have the +precise words of so important a declaration placed beyond the possibility +of change or omission by inexperienced Brethren. + +The oath, then, which is administered to the visitor, and which he may, if +he chooses, require every one present to take with him, is in the +following words + +"I, A. B., do hereby and hereon solemnly and sincerely swear, that I have +been regularly initiated, passed, and raised, to the sublime degree of a +Master Mason, in a just and legally constituted lodge of such, that I do +not now stand suspended or expelled, and know of no reason why I should +not hold masonic communication with my Brethren. + +This declaration having been given in the most solemn manner, the +examination must then be conducted with the necessary forms. The good old +rule of "commencing at the beginning" should be observed. Every question +is to be asked and every answer demanded which is necessary to convince +the examiner that the party examined is acquainted with what he ought to +know, to entitle him to the appellation of a Brother. Nothing is to be +taken for granted--categorical answers must be required to all that it is +deemed important to be asked. No forgetfulness is to be excused, nor is +the want of memory to be accepted as a valid excuse for the want of +knowledge. The Mason, who is so unmindful of his duties as to have +forgotten the instructions he has received, must pay the penalty of his +carelessness, and be deprived of his contemplated visit to that society +whose secret modes of recognition he has so little valued as not to have +treasured them in his memory. While there are some things which may be +safely passed over in the examination of one who confesses himself to be +"rusty," or but recently initiated, because they are details which require +much study to acquire, and constant practice to retain, there are still +other things of great importance which must be rigidly demanded, and with +the knowledge of which the examiner cannot, under any circumstances, +dispense. + +Should suspicions of imposture arise, let no expression of these +suspicions be made until the final decree for rejection is pronounced. And +let that decree be uttered in general terms, such as: "I am not +satisfied," or, "I do not recognize you," and not in more specific terms, +such as, "You did not answer this inquiry," or, "You are ignorant on that +point." The visitor is only entitled to know, generally, that he has not +complied with the requisitions of his examiner. To descend to particulars +is always improper and often dangerous. + +Above all, the examiner should never ask what are called "leading +questions," or such as include in themselves an indication of what the +answer is to be; nor should he in any manner aid the memory of the party +examined by the slightest hint. If he has it in him, it will come out +without assistance, and if he has it not, he is clearly entitled to no +aid. + +Lastly, never should an unjustifiable delicacy weaken the rigor of these +rules. Let it be remembered, that for the wisest and most evident reasons, +the merciful maxim of the law, which says, that it is better that +ninety-nine guilty men should escape than that one innocent man should be +punished, is with us reversed, and that in Masonry _it is better that +ninety and nine true men should be turned away from the door of a lodge +than that one cowan should be admitted_. + + + +Section IV. + +_Of Vouching for a Brother._ + + +An examination may sometimes be omitted when any competent Brother present +will vouch for the visitor's masonic standing and qualifications. This +prerogative of vouching is an important one which every Master Mason is +entitled, under certain restrictions, to exercise; but it is also one +which may so materially affect the well-being of the whole +fraternity--since by its injudicious use impostors might be introduced +among the faithful--that it should be controlled by the most stringent +regulations. + +To vouch for one, is to bear witness for him; and, in witnessing to truth, +every caution should be observed, lest falsehood should cunningly assume +its garb. The Brother who vouches should, therefore, know to a certainty +that the one for whom he vouches is really what he claims to be. He should +know this not from a casual conversation, nor a loose and careless +inquiry, but, as the unwritten law of the Order expresses it, from +"_strict trial, due examination, or lawful information_." + +Of strict trial and due examination I have already treated in the +preceding section; and it only remains to say, that when the vouching is +founded on the knowledge obtained in this way, it is absolutely necessary +that the Brother so vouching shall be _competent_ to conduct such an +examination, and that his general intelligence and shrewdness and his +knowledge of Masonry shall be such as to place him above the probability +of being imposed upon. The important and indispensable qualification of a +voucher is, therefore, that he shall be competent. The Master of a lodge +has no right to accept, without further inquiry, the avouchment of a +young and inexperienced, or even of an old, if ignorant, Mason. + +Lawful information, which is the remaining ground for an avouchment, may +be derived either from the declaration of another Brother, or from having +met the party vouched for in a lodge on some previous occasion. + +If the information is derived from another Brother, who states that he has +examined the party, then all that has already been said of the competency +of the one giving the information is equally applicable. The Brother, +giving the original information, must be competent to make a rigid +examination. Again, the person giving the information, the one receiving +it, and the one of whom it is given, should be all present at the time; +for otherwise there would be no certainty of identity. Information, +therefore, given by letter or through a third party, is highly irregular. +The information must also be positive, not founded on belief or opinion, +but derived from a legitimate source. And, lastly, it must not have been +received casually, but for the very purpose of being used for masonic +purposes. For one to say to another in the course of a desultory +conversation: "A.B. is a Mason," is not sufficient. He may not be +speaking with due caution, under the expectation that his words will be +considered of weight. He must say something to this effect: "I know this +man to be a Master Mason," for such or such reasons, and you may safely +recognize him as such. This alone will insure the necessary care and +proper observance of prudence. + +If the information given is on the ground that the person, vouched has +been seen sitting in a lodge by the voucher, care must be taken to inquire +if it was a "Lodge of Master Masons." A person may forget, from the lapse +of time, and vouch for a stranger as a Master Mason, when the lodge in +which he saw him was only opened in the first or second degree. + + + +Section V. + +_Of the Right of Claiming Relief._ + + +One of the great objects of our institution is, to afford relief to a +worthy, distressed Brother. In his want and destitution, the claim of a +Mason upon his Brethren is much greater than that of a profane. This is a +Christian as well as a masonic doctrine. "As we have therefore +opportunity," says St. Paul, "let us do good unto all men, especially +unto them who are of the household of faith." + +This claim for relief he may present either to a lodge or to a Brother +Mason. The rule, as well as the principles by which it is to be regulated, +is laid down in that fundamental law of Masonry, the Old Charges, in the +following explicit words, under the head of "Behavior towards a strange +Brother:" + +"You are cautiously to examine him, in such a method as prudence shall +direct you, that you may not be imposed upon by an ignorant, false +pretender, whom you are to reject with contempt and derision, and beware +of giving him any hints of knowledge. + +"But if you discover him to be a true and genuine Brother, you are to +respect him accordingly; and if he is in want, you must relieve him if you +can, or else direct him how he may be relieved. You must employ him some +days, or else recommend him to be employed. But you are not charged to do +beyond your ability, only to prefer a poor Brother, that is a good man and +true, before any other people in the same circumstances." + +This law thus laid down, includes, it will be perceived, as two important +prerequisites, on which to found a claim for relief, that the person +applying shall be in distress, and that he shall be worthy of assistance. + +He must be in distress. Ours is not an insurance company, a joint stock +association, in which, for a certain premium paid, an equivalent may be +demanded. No Mason, or no lodge, is bound to give pecuniary or other aid +to a Brother, unless he really needs. The word " benefit," as usually used +in the modern friendly societies, has no place in the vocabulary of +Freemasonry. If a wealthy Brother is afflicted with sorrow or sickness, we +are to strive to comfort him with our sympathy, our kindness, and our +attention, but we are to bestow our eleemosynary aid only on the indigent +or the destitute. + +He must also be worthy. There is no obligation on a Mason to relieve the +distresses, however real they may be, of an unworthy Brother. The claimant +must be, in the language of the Charge, "true and genuine." True here is +used in its good old Saxon meaning, of "faithful" or "trusty." A true +Mason is one who is mindful of his obligations, and who faithfully +observes and practices all his duties. Such a man, alone, can rightfully +claim the assistance of his Brethren. + +But a third provision is made in the fundamental law; namely, that the +assistance is not to be beyond the ability of the giver. One of the most +important landmarks, contained in our unwritten law, more definitely +announces this provision, by the words, that the aid and assistance shall +be without injury to oneself or his family. Masonry does not require that +we shall sacrifice our own welfare to that of a Brother; but that with +prudent liberality, and a just regard to our own worldly means, we shall +give of the means with which Providence may have blessed us for the relief +of our distressed Brethren. + +It is hardly necessary to say, that the claim for relief of a worthy +distressed Mason extends also to his immediate family. + + + +Section VI. + +_Of the Right of Masonic Burial._ + + +After a very careful examination, I can find nothing in the old charges or +General Regulations, nor in any other part of the fundamental law, in +relation to masonic burial of deceased Brethren. It is probable that, at +an early period, when the great body of the craft consisted of Entered +Apprentices, the usage permitted the burial of members, of the first or +second degree, with the honors of Masonry. As far back as 1754, +processions for the purpose of burying Masons seemed to have been +conducted by some of the lodges with either too much frequency, or some +other irregularity; for, in November of that year, the Grand Lodge adopted +a regulation, forbidding them, under a heavy penalty, unless by permission +of the Grand Master, or his Deputy.[84] As there were, comparatively +speaking, few Master Masons at that period, it seems a natural inference +that most of the funeral processions were for the burial of Apprentices, +or, at least, of Fellow Crafts. + +But the usage since then, has been greatly changed; and by universal +consent, the law, as first committed to writing, by Preston, who was the +author of our present funeral service, is now adopted. + +The Regulation, as laid down by Preston, is so explicit, that I prefer +giving it in his own words.[85] + +"No Mason can be interred with the formalities of the Order, unless it be +at his own special request, communicated to the Master of the Lodge of +which he died a member--foreigners and sojourners excepted; nor unless he +has been advanced to the third degree of Masonry, from which restriction +there can be no exception. Fellow Crafts or Apprentices are not entitled +to the funeral obsequies." + +This rule has been embodied in the modern Constitutions of the Grand Lodge +of England; and, as I have already observed, appears by universal consent +to have been adopted as the general usage. + +The necessity for a dispensation, which is also required by the modern +English Constitutions, does not seem to have met with the same general +approval, and in this country, dispensations for funeral processions are +not usually, if at all, required. Indeed, Preston himself, in explaining +the law, says that it was not intended to restrict the privileges of the +regular lodges, but that, "by the universal practice of Masons, every +regular lodge is authorized by the Constitution to act on such occasions +when limited to its own members."[86] It is only when members of other +lodges, not under the control of the Master, are convened, that a +dispensation is required. But in America, Grand Lodges or Grand Masters +have not generally interfered with the rights of the lodges to bury the +dead; the Master being of course amenable to the constituted authorities +for any indecorum or impropriety. + + + + +Chapter V. + +Of the Rights of Past Masters. + + + +I have already discussed the right of Past Masters to become members of a +Grand Lodge, in a preceding part of this work,[87] and have there arrived +at the conclusion that no such inherent right exists, and that a Grand +Lodge may or may not admit them to membership, according to its own notion +of expediency. Still the fact, that they are competent by their masonic +rank of accepting such a courtesy when extended, in itself constitutes a +prerogative; for none but Masters, Wardens, or Past Masters, can under any +circumstances become members of a Grand Lodge. + +Past Masters possess a few other positive rights. + +In the first place they have a right to install their successors, and at +all times subsequent to their installation to be present at the ceremony +of installing Masters of lodges. I should scarcely have deemed it +necessary to dwell upon so self-evident a proposition, were it not that it +involves the discussion of a question which has of late years been warmly +mooted in some jurisdictions, namely, whether this right of being present +at an installation should, or should not, be extended to Past Masters, +made in Royal Arch Chapters. + +In view of the fact, that there are two very different kinds of possessors +of the same degree, the Grand Lodge of England has long since +distinguished them as "virtual" and as "actual" Past Masters. The terms +are sufficiently explicit, and have the advantage of enabling us to avoid +circumlocution, and I shall, therefore, adopt them. + +An _actual Past Master_ is one who has been regularly installed to preside +over a symbolic lodge under the jurisdiction of a Grand Lodge. A _virtual +Past Master_ is one who has received the degree in a chapter, for the +purpose of qualifying him for exaltation to the Royal Arch. + +Now the question to be considered is this. Can a virtual Past Master be +permitted to be present at the installation of an actual Past Master? + +The Committee of Correspondence of New York, in 1851, announced the +doctrine, that a Chapter, or virtual Past Master, cannot legally install +the Master of a Symbolic Lodge; but that there is no rule forbidding his +being present at the ceremony. This doctrine has been accepted by several +Grand Lodges, while others again refuse to admit the presence of a virtual +Past Master at the installation-service. + +In South Carolina, for instance, by uninterrupted usage, virtual Past +Masters are excluded from the ceremony of installation. + +In Louisiana, under the high authority of the late Brother Gedge, it is +asserted, that "it is the bounden duty of all Grand Lodges to prevent the +possessors of the (chapter) degree from the exercise of any function +appertaining to the office and attributes of an installed Master of a +lodge of Symbolic Masonry, and refuse to recognize them as belonging to +the order of Past Masters."[88] + +Brother Albert Pike, whose opinion on masonic jurisprudence is entitled to +the most respectful consideration, has announced a similar doctrine in one +of his elaborate reports to the Grand Chapter of Arkansas. He does not +consider "that the Past Master's degree, conferred in a chapter, invests +the recipient with any rank or authority, except within the chapter +itself; that it no ways qualifies or authorizes him to preside in the +chair of a lodge: that a lodge has no legal means of knowing that he has +received the degree in a chapter: for it is not supposed to know anything +that takes place there any more than it knows what takes place in a Lodge +of Perfection, or a Chapter of Knights of the Rose Croix;" and, of course, +if the Past Masters of a lodge have no such "legal means" of recognition +of Chapter Masters, they cannot permit them to be present at an +installation. + +This is, in fact, no new doctrine. Preston, in his description of the +installation ceremony, says: "The new Master is then conducted to an +adjacent room, where he is regularly installed, and bound to his trust in +ancient form, in the presence of at least _three installed Masters_"[89] +And Dr. Oliver, in commenting on this passage, says, "this part of the +ceremony can only be orally communicated, nor can any but _installed_ +Masters be present."[90] + +And this rule appears to be founded on the principles of reason. There can +be no doubt, if we carefully examine the history of Masonry in this +country and in England, that the degree of Past Master was originally +conferred by Symbolic Lodges as an honorarium or reward bestowed upon +those Brethren who had been found worthy to occupy the Oriental Chair. In +so far it was only a degree of office, and could be obtained only from the +Lodge in which the office had been conferred. At a later period it was +deemed an essential prerequisite to exaltation in the degree of Royal +Arch, and was, for that purpose, conferred on candidates for that +position, while the Royal Arch degree was under the control of the +symbolic Lodges, but still only conferred by the Past Masters of the +Lodge. But subsequently, when the system of Royal Arch Masonry was greatly +enlarged and extended in this country, and chapters were organized +independent of the Grand and symbolic Lodges, these Chapters took with +them the Past Master's degree, and assumed the right of conferring it on +their candidates. Hence arose the anomaly which now exists in American +Masonry, of two degrees bearing the same name, and said to be almost +identical in character, conferred by two different bodies under entirely +different qualifications and for totally different purposes. As was to be +expected, when time had in some degree obliterated the details of history, +each party began to claim for itself the sovereign virtue of legitimacy. +The Past Masters of the Chapters denied the right of the Symbolic Lodges +to confer the degree, and the latter, in their turn, asserted that the +degree, as conferred in the Chapter, was an innovation. + +The prevalence of the former doctrine would, of course, tend to deprive +the Symbolic Lodges of a vested right held by them from the most ancient +times--that, namely, of conferring an honorarium on their Masters elect. + +On the whole, then, from this view of the surreptitious character of the +Chapter Degree, and supported by the high authority whom I have cited, as +well as by the best usage, I am constrained to believe that the true rule +is, to deny the Chapter, or Virtual Past Masters, the right to install, or +to be present at the installation of the Master of a Symbolic Lodge. A +Past Master may preside over a lodge in the absence of the Master, +provided he is invited to do so by the Senior Warden present. The Second +General Regulation gave the power of presiding, during the absence of the +Master, to the last Past Master present, after the lodge had been +congregated by the Senior Warden; but two years afterwards, the rule was +repealed, and the power of presiding in such cases was vested in the +Senior Warden. And accordingly, in this country, it has always been held, +that in the absence of the Master, his authority descends to the Senior +Warden, who may, however, by courtesy, offer the chair to a Past Master +present, after the lodge has been congregated. Some jurisdictions have +permitted a Past Master to preside in the absence of the Master and both +Wardens, provided he was a member of that lodge. But I confess that I can +find no warrant for this rule in any portion of our fundamental laws. The +power of congregating the lodge in the absence of the Master has always +been confined to the Wardens; and it therefore seems to me, that when both +the Master and Wardens are absent, although a Past Master may be present, +the lodge cannot be opened. + +A Past Master is eligible for election to the chair, without again passing +through the office of a Warden. + +He is also entitled to a seat in the East, and to wear a jewel and collar +peculiar to his dignity. + +By an ancient regulation, contained in the Old Charges, Past Masters alone +were eligible to the office of Grand Warden. The Deputy Grand Master was +also to be selected from among the Masters, or Past Masters of Lodges. No +such regulation was in existence as to the office of Grand Master, who +might be selected from the mass of the fraternity. At the present time, in +this country, it is usual to select the Grand officers from among the Past +Masters of the jurisdiction, though I know of no ancient law making such a +regulation obligatory, except in respect to the affairs of Grand Wardens +and Deputy Grand Master. + + + + +Chapter VI. + +Of Affiliation. + + + +Affiliation is defined to be the act by which a lodge receives a Mason +among its members. A profane is said to be "initiated," but a Mason is +"affiliated."[91] + +Now the mode in which a Mason becomes affiliated with a lodge, in some +respects differs from, and in others resembles, the mode in which a +profane is initiated. + +A Mason, desiring to be affiliated with a lodge, must apply by petition; +this petition must be referred to a committee for investigation of +character, he must remain in a state of probation for one month, and must +then submit to a ballot, in which unanimity will be required for his +admission. In all these respects, there is no difference in the modes of +regulating applications for initiation and affiliation. The Fifth and +Sixth General Regulations, upon which these usages are founded, draw no +distinction between the act of making a Mason and admitting a member. The +two processes are disjunctively connected in the language of both +regulations. "No man can be made, _or admitted a member_ * * * * without +previous notice one month before;" are the words of the Fifth Regulation. +And in a similar spirit the Sixth adds: "But no man can be entered a +Brother in any particular lodge, _or admitted to be a member_ thereof, +without the unanimous consent of all the members of that lodge." + +None but Master Masons are permitted to apply for affiliation; and every +Brother so applying must bring to the lodge to which he applies a +certificate of his regular dismission from the lodge of which he was last +a member. This document is now usually styled a "demit," and should +specify the good standing of the bearer at the time of his resignation or +demission. + +Under the regulations of the various Grand Lodges of this country, a +profane cannot, as has been already observed, apply for initiation in any +other lodge than the one nearest to his residence. No such regulation, +however, exists in relation to the application of a Mason for +affiliation. Having once been admitted into the Order, he has a right to +select the lodge with which he may desire to unite himself. He is not even +bound to affiliate with the lodge in which he was initiated, but after +being raised, may leave it, without signing the bye-laws, and attach +himself to another. + +A profane, having been rejected by a lodge, can never apply to any other +for initiation. But a Mason, having been rejected, on his application for +affiliation, by a lodge, is not thereby debarred from subsequently making +a similar application to any other. + +In some few jurisdictions a local regulation has of late years been +enacted, that no Mason shall belong to more than one lodge. It is, I +presume, competent for a Grand Lodge to enact such a regulation; but where +such enactment has not taken place, we must be governed by the ancient and +general principle. + +The General Regulations, adopted in 1721, contain no reference to this +case; but in a new regulation, adopted on the 19th February, 1723, it was +declared that "no Brother shall belong to more than one lodge within the +bills of mortality." This rule was, therefore, confined to the lodges in +the city of London, and did not affect the country lodges. Still, +restricted as it was in its operation, Anderson remarks, "this regulation +is neglected for several reasons, and now obsolete."[92] Custom now in +England and in other parts of Europe, as well as in some few portions of +this country, is adverse to the regulation; and where no local law exists +in a particular jurisdiction, I know of no principle of masonic +jurisprudence which forbids a Mason to affiliate himself with more than +one lodge. + +The only objection to it is one which must be urged, not by the Order, but +by the individual. It is, that his duties and his responsibilities are +thus multiplied, as well as his expenses. If he is willing to incur all +this additional weight in running his race of Masonry, it is not for +others to resist this exuberance of zeal. The Mason, however, who is +affiliated with more than one lodge, must remember that he is subject to +the independent jurisdiction of each; may for the same offense be tried in +each, and, although acquitted by all except one, that, if convicted by +that one, his conviction will, if he be suspended or expelled, work his +suspension or expulsion in all the others. + + + + +Chapter VII. + +Of Demitting. + + + +To demit from a lodge is to resign one's membership, on which occasion a +certificate of good standing and a release from all dues is given to the +applicant, which is technically called a _demit_. + +The right to demit or resign never has, until within a few years, been +denied. In 1853, the Grand Lodge of Connecticut adopted a regulation "that +no lodge should grant a demit to any of its members, except for the +purpose of joining some other lodge; and that no member shall be +considered as having withdrawn from one lodge until he has actually become +a member of another." Similar regulations have been either adopted or +proposed by a few other Grand Lodges, but I much doubt both their +expediency and their legality. This compulsory method of keeping Masons, +after they have once been made, seems to me to be as repugnant to the +voluntary character of our institution as would be a compulsory mode of +making them in the beginning. The expediency of such a regulation is also +highly questionable. Every candidate is required to come to our doors "of +his own free will and accord," and surely we should desire to keep none +among us after that free will is no longer felt. We are all familiar with +the Hudibrastic adage, that + + "A man convinced against his will, + Is of the same opinion still," + +and he who is no longer actuated by that ardent esteem for the institution +which would generate a wish to continue his membership, could scarcely +have his slumbering zeal awakened, or his coldness warmed by the bolts and +bars of a regulation that should keep him a reluctant prisoner within the +walls from which he would gladly escape. Masons with such dispositions we +can gladly spare from our ranks. + +The Ancient Charges, while they assert that every Mason should belong to a +lodge, affix no penalty for disobedience. No man can be compelled to +continue his union with a society, whether it be religious, political, or +social, any longer than will suit his own inclinations or sense of duty. +To interfere with this inalienable prerogative of a freeman would be an +infringement on private rights. A Mason's initiation was voluntary, and +his continuance in the Order must be equally so. + +But no man is entitled to a demit, unless at the time of demanding it he +be in good standing and free from all charges. If under charges for crime, +he must remain and abide his trial, or if in arrears, must pay up his +dues. + +There is, however, one case of demission for which a special law has been +enacted. That is, when several Brethren at the same time request demits +from a lodge. As this action is sometimes the result of pique or anger, +and as the withdrawal of several members at once might seriously impair +the prosperity, or perhaps even endanger the very existence of the lodge, +it has been expressly forbidden by the General Regulations, unless the +lodge has become too numerous for convenient working; and not even then is +permitted except by a Dispensation. The words of this law are to be found +in the Eighth General Regulation, as follows: + +"No set or number of Brethren shall withdraw or separate themselves from +the lodge in which they were made Brethren, or were afterwards admitted +members, unless the lodge becomes too numerous; nor even then, without a +dispensation from the Grand Master or his Deputy; and when they are thus +separated, they must either immediately join themselves to such other +lodge as they shall like best, with the unanimous consent of that other +lodge to which they go, or else they must obtain the Grand Master's +warrant to join in forming a new lodge." + +It seems, therefore, that, although a lodge cannot deny the right of a +single member to demit, when a sort of conspiracy may be supposed to be +formed, and several Brethren present their petitions for demits at one and +the same time, the lodge may not only refuse, but is bound to do so, +unless under a dispensation, which dispensation can only be given in the +case of an over-populous lodge. + +With these restrictions and qualifications, it cannot be doubted that +every Master Mason has a right to demit from his lodge at his own +pleasure. What will be the result upon himself, in his future relations to +the Order, of such demission, will constitute the subject of the +succeeding chapter. + + + + +Chapter VIII. + +Of Unaffiliated Masons. + + + +An unaffiliated Mason is one who is not connected by membership with any +lodge. There can be no doubt that such a position is contrary to the +spirit of our institution, and that affiliation is a duty obligatory on +every Mason. The Old Charges, which have been so often cited as the +fundamental law of Masonry, say on this subject: "every Brother ought to +belong to a lodge and to be subject to its bye-laws and the General +Regulations." + +Explicitly as this doctrine has been announced, it has been too little +observed, in consequence of no precise penalty having been annexed to its +violation. In all times, unaffiliated Masons have existed--Masons who have +withdrawn from all active participation in the duties and responsibilities +of the Order, and who, when in the hour of danger or distress, have not +hesitated to claim its protection or assistance, while they have refused +in the day of their prosperity to add anything to its wealth, its power, +or its influence. In this country, the anti-masonic persecutions of 1828, +and a few years subsequently, by causing the cessation of many lodges, +threw a vast number of Brethren out of all direct connection with the +institution; on the restoration of peace, and the renewal of labor by the +lodges, too many of these Brethren neglected to reunite themselves with +the craft, and thus remained unaffiliated. The habit, thus introduced, was +followed by others, until the sin of unaffiliation has at length arrived +at such a point of excess, as to have become a serious evil, and to have +attracted the attention and received the condemnation of almost every +Grand Lodge. + +A few Grand Lodges have denied the right of a Mason permanently to demit +from the Order. Texas, for instance, has declared that "it does not +recognize the right of a Mason to demit or separate himself from the lodge +in which he was made, or may afterwards be admitted, except for the +purpose of joining another lodge, or when he may be about to remove +without the jurisdiction of the lodge of which he may be a member."[93] A +few other Grand Lodges have adopted a similar regulation; but the +prevailing opinion of the authorities appears to be, that it is competent +to interfere with the right to demit, certain rights and prerogatives +being, however, lost by such demission. + +Arkansas, Missouri, Ohio, and one or two other Grand Lodges, while not +positively denying the right of demission, have at various times levied a +tax or contribution on the demitted or unaffiliated Masons within their +respective jurisdictions. This principle, however, has also failed to +obtain the general concurrence of other Grand Lodges, and some of them, as +Maryland, have openly denounced it. After a careful examination of the +authorities, I cannot deny to any man the _right_ of withdrawing, +whensoever he pleases, from a voluntary association--the laws of the land +would not sustain us in the enforcement of such a regulation; and our own +self-respect should prevent us from attempting it. If, then, he has a +right to withdraw, it clearly follows that we have no right to tax him, +which is only one mode of inflicting a fine or penalty for an act, the +right to do which we have acceded. In the strong language of the Committee +of Correspondence of Maryland:[94] "The object of Masonry never was to +extort, _nolens volens,_ money from its votaries. Such are not its +principles or teaching. The advocating such doctrines cannot advance the +interest or reputation of the institution; but will, as your committee +fear, do much to destroy its usefulness. Compulsive membership deprives it +of the title, _Free_ and Accepted." + +But as it is an undoubted precept of the Order that every Mason should +belong to a lodge, and contribute, so far as his means will allow, to the +support of the institution, and as, by his demission, for other than +temporary purposes, he violates the principles and disobeys the precepts +of the Order, it naturally follows that his withdrawal must place him in a +different position from that which he would occupy as an affiliated Mason. +It is now time for us to inquire what that new position is. + +We may say, then, that, whenever a Mason permanently withdraws his +membership, he at once, and while he continues unaffiliated, dissevers all +connection between himself and the _Lodge organization_ of the Order. He, +by this act, divests himself of all the rights and privileges which belong +to him as a member of that organization. Among these rights and privileges +are those of visitation, of pecuniary aid, and of masonic burial. +Whenever he approaches the door of a lodge, asking to enter or seeking for +assistance, he is to be met in the light of a profane. He may knock, but +the door must not be opened--he may ask, but he is not to receive. The +work of the lodge is not to be shared by those who have thrown aside their +aprons and their implements, and abandoned the labors of the Temple--the +funds of the lodge are to be distributed only among these who are aiding, +by their individual contributions, to the formation of similar funds in +other lodges. + +But from the well-known and universally-admitted maxim of "once a Mason, +and always a Mason," it follows that a demitted Brother cannot by such +demission divest himself of all his masonic responsibilities to his +Brethren, nor be deprived of their correlative responsibility to him. An +unaffiliated Mason is still bound by certain obligations, of which he +cannot, under any circumstances, divest himself, and by similar +obligations are the fraternity bound to him. These relate to the duties of +secrecy and of aid in the imminent hour of peril. Of the first of these +there can be no doubt; and as to the last, the words of the precept +directing it leaves us no option; nor is it a time when the G.H.S. of D. +is thrown out to inquire into the condition of the party. + +Speaking on this subject, Brother Albert Pike, in his report to the Grand +Lodge of Arkansas, says "if a person appeals to us as a Mason in imminent +peril, or such pressing need that we have not time to inquire into his +worthiness, then, lest we might refuse to relieve and aid a worthy +Brother, we must not stop to inquire _as to anything_." But I do not think +that the learned Brother has put the case in the strongest light. It is +not alone "lest we might refuse to relieve and aid a worthy Brother," that +we are in cases of "imminent peril" to make no pause for deliberation. But +it is because we are bound by our highest obligations at all times, and to +all Masons, to give that aid when _duly_ called for. + +I may, then, after this somewhat protracted discussion, briefly +recapitulate the position, the rights and the responsibilities of an +unaffiliated Mason as follows: + +1. An unaffiliated Mason is still bound by all his masonic duties and +obligations, excepting those connected with the organization of the lodge. + +2. He has a right to aid in imminent peril when _he asks for that aid in +the_ proper _and conventional way_. + +3. He loses the right to receive pecuniary relief. + +4. He loses the general right to visit[95] lodges, or to walk in masonic +processions. + +5. He loses the right of masonic burial. + +6. He still remains subject to the government of the Order, and may be +tried and punished for any offense as an affiliated Mason would be, by the +lodge within whose geographical jurisdiction he resides. + + + + + +Book Fourth. + +Of Masonic Crimes and Punishments. + + + + +Chapter I. + +Of What Are Masonic Crimes. + + + +The division of wrongs, by the writers on municipal law, into private and +public, or civil injuries and crimes and misdemeanors, does not apply to +the jurisprudence of Freemasonry. Here all wrongs are crimes, because they +are a violation of the precepts of the institution; and an offense against +an individual is punished, not so much because it is a breach of his +private rights, as because it affects the well-being of the whole masonic +community. + +In replying to the question, "what are masonic crimes?" by which is meant +what crimes are punishable by the constituted authorities, our safest +guide will be that fundamental law which is contained in the Old Charges. +These give a concise, but succinct summary of the duties of a Mason, and, +of course, whatever is a violation of any one of these duties will +constitute a masonic crime, and the perpetrator will be amenable to +masonic punishment. + +But before entering on the consideration of these penal offenses, it will +be well that we should relieve the labor of the task, by inquiring what +crimes or offenses are not supposed to come within the purview of masonic +jurisprudence. + +Religion and politics are subjects which it is well known are stringently +forbidden to be introduced into Masonry. And hence arises the doctrine, +that Masonry will not take congnizance of religious or political offenses. + +Heresy, for instance, is not a masonic crime. Masons are obliged to use +the words of the Old Charges, "to that religion in which all men agree, +leaving their particular opinions to themselves;" and, therefore, as long +as a Mason acknowledges his belief in the existence of one God, a lodge +can take no action on his peculiar opinions, however heterodox they may +be. + +In like manner, although all the most ancient and universally-received +precepts of the institution inculcate obedience to the civil powers, and +strictly forbid any mingling in plots or conspiracies against the peace +and welfare of the nation, yet no offense against the state, which is +simply political in its character, can be noticed by a lodge. On this +important subject, the Old Charges are remarkably explicit. They say, +putting perhaps the strongest case by way of exemplifying the principle, +"that if a Brother should be a rebel against the State, he is not to be +countenanced in his rebellion, however he may be pitied as an unhappy man; +and, if convicted of no other crime, though the loyal Brotherhood must and +ought to disown his rebellion, and give no umbrage or ground of political +jealousy to the government for the time being, _they cannot expel him from +the lodge, and his relation to it remains indefeasible_" + +The lodge can, therefore, take no cognizance of religious or political +offenses. + +The first charge says: "a Mason is obliged by his tenure to obey the moral +law." Now, although, in a theological sense, the ten commandments are said +to embrace and constitute the moral law, because they are its best +exponent, yet jurists have given to the term a more general latitude, in +defining the moral laws to be "the eternal, immutable laws of good and +evil, to which the Creator himself, in all dispensations, conforms, and +which he has enabled human reason to discover, so far as they are +necessary for the conduct of human actions."[96] Perhaps the well known +summary of Justinian will give the best idea of what this law is, namely, +that we "should live honestly, (that is to say, without reproach,)[97] +should injure nobody, and render to every one his just due." + +If such, then, be the meaning of the moral law, and if every Mason is by +his tenure obliged to obey it, it follows, that all such crimes as profane +swearing or great impiety in any form, neglect of social and domestic +duties, murder and its concomitant vices of cruelty and hatred, adultery, +dishonesty in any shape, perjury or malevolence, and habitual falsehood, +inordinate covetousness, and in short, all those ramifications of these +leading vices which injuriously affect the relations of man to God, his +neighbor, and himself, are proper subjects of lodge jurisdiction. Whatever +moral defects constitute the bad man, make also the bad Mason, and +consequently come under the category of masonic offenses. The principle is +so plain and comprehensible as to need no further exemplification. It is +sufficient to say that, whenever an act done by a Mason is contrary to or +subsersive of the three great duties which he owes to God, his neighbor, +and himself, it becomes at once a subject of masonic investigation, and of +masonic punishment. + +But besides these offenses against the universal moral law, there are many +others arising from the peculiar nature of our institution. Among these we +may mention, and in their order, those that are enumerated in the several +sections of the Sixth Chapter of the Old Charges. These are, unseemly and +irreverent conduct in the lodge, all excesses of every kind, private +piques or quarrels brought into the lodge; imprudent conversation in +relation to Masonry in the presence of uninitiated strangers; refusal to +relieve a worthy distressed Brother, if in your power; and all "wrangling, +quarreling, back-biting, and slander." + +The lectures in the various degrees, and the Ancient Charges read on the +installation of the Master of a lodge, furnish us with other criteria for +deciding what are peculiarly masonic offenses. All of them need not be +detailed; but among them may be particularly mentioned the following: All +improper revelations, undue solicitations for candidates, angry and +over-zealous arguments in favor of Masonry with its enemies, every act +which tends to impair the unsullied purity of the Order, want of +reverence for and obedience to masonic superiors, the expression of a +contemptuous opinion of the original rulers and patrons of Masonry, or of +the institution itself; all countenance of impostors; and lastly, holding +masonic communion with clandestine Masons, or visiting irregular lodges. + +From this list, which, extended as it is, might easily have been enlarged, +it will be readily seen, that the sphere of masonic penal jurisdiction is +by no means limited. It should, therefore, be the object of every Mason, +to avoid the censure or reproach of his Brethren, by strictly confining +himself as a point within that circle of duty which, at his first +initiation, was presented to him as an object worthy of his consideration. + + + + +Chapter II. + +Of Masonic Punishments. + + + +Having occupied the last chapter in a consideration of what constitute +masonic crimes, it is next in order to inquire how these offenses are to +be punished; and accordingly I propose in the following sections to treat +of the various modes in which masonic law is vindicated, commencing with +the slightest mode of punishment, which is censure, and proceeding to the +highest, or expulsion from all the rights and privileges of the Order. + + + +Section I. + +_Of Censure._ + + +A censure is the mildest form of punishment that can be inflicted by a +lodge; and as it is simply the expression of an opinion by the members of +the lodge, that they do not approve of the conduct of the person +implicated, in a particular point of view, and as it does not in any +degree affect the masonic standing of the one censured, nor for a moment +suspend or abridge his rights and benefits, I have no doubt that it may be +done on a mere motion, without previous notice, and adopted, as any other +resolution, by a bare majority of the members present. + +Masonic courtesy would, however, dictate that notice should be given to +the Brother, if absent, that such a motion of censure is about to be +proposed or considered, to enable him to show cause, if any he have, why +he should not be censured. But such notice is not, as I have said, +necessary to the legality of the vote of censure. + +A vote of censure will sometimes, however, be the result of a trial, and +in that case its adoption must be governed by the rules of masonic trials, +which are hereafter to be laid down. + + + +Section II. + +_Of Reprimand._ + + +A reprimand is the next mildest form of masonic punishment. It should +never be adopted on a mere motion, but should always be the result of a +regular trial, in which the party may have the opportunity of defense. + +A reprimand may be either private or public. If to be given in private, +none should be present but the Master and the offender; or, if given by +letter, no copy of that letter should be preserved. + +If given in public, the lodge is the proper place, and the reprimand +should be given by the Master from his appropriate station. + +The Master is always the executive officer of the lodge, and in carrying +out the sentence he must exercise his own prudent discretion as to the +mode of delivery and form of words. + +A reprimand, whether private or public, does not affect the masonic +standing of the offender. + + + +Section III. + +_Of Exclusion from the Lodge._ + + +Exclusion from a lodge may be of various degrees. + +1. A member may for indecorous or unmasonic conduct be excluded from a +single meeting of the lodge. This may be done by the Master, under a +provision of the bye-laws giving him the authority, or on his own +responsibility, in which case he is amenable to the Grand Lodge for the +correctness of his decision. Exclusion in this way does not affect the +masonic standing of the person excluded, and does not require a previous +trial. + +I cannot entertain any doubt that the Master of a lodge has the right to +exclude temporarily any member or Mason, when he thinks that either his +admission, if outside, or his continuance within, if present, will impair +the peace and harmony of the lodge. It is a prerogative necessary to the +faithful performance of his duties, and inalienable from his great +responsibility to the Grand Lodge for the proper government of the Craft +intrusted to his care. If, as it is described in the ancient manner of +constituting a lodge, the Master is charged "to preserve the cement of the +Lodge," it would be folly to give him such a charge, unless he were +invested with the power to exclude an unruly or disorderly member. But as +Masters are enjoined not to rule their lodges in an unjust or arbitrary +manner, and as every Mason is clearly entitled to redress for any wrong +that has been done to him, it follows that the Master is responsible to +the Grand Lodge for the manner in which he has executed the vast power +intrusted to him, and he may be tried and punished by that body, for +excluding a member, when the motives of the act and the other +circumstances of the exclusion were not such as to warrant the exercise of +his prerogative. + +2. A member may be excluded from his lodge for a definite or indefinite +period, on account of the non-payment of arrears. This punishment may be +inflicted in different modes, and under different names. It is sometimes +called, _suspension from the lodge,_ and sometimes _erasure from the +roll_. Both of these punishments, though differing in their effect, are +pronounced, not after a trial, but by a provision of the bye-laws of the +lodge. For this reason alone, if there were no other, I should contend, +that they do not affect the standing of the member suspended, or erased, +with relation to the craft in general. No Mason can be deprived of his +masonic rights, except after a trial, with the opportunity of defense, and +a verdict of his peers. + +But before coming to a definite conclusion on this subject, it is +necessary that we should view the subject in another point of view, in +which it will be seen that a suspension from the rights and benefits of +Masonry, for the non-payment of dues, is entirely at variance with the +true principles of the Order. + +The system of payment of lodge-dues does not by any means belong to the +ancient usages of the fraternity. It is a modern custom, established for +purposes of convenience, and arising out of other modifications, in the +organization of the Order. It is not an obligation on the part of a Mason, +to the institution at large, but is in reality a special contract, in +which the only parties are a particular lodge and its members, of which +the fraternity, as a mass, are to know nothing. It is not presented by any +general masonic law, nor any universal masonic precept. No Grand Lodge has +ever yet attempted to control or regulate it, and it is thus tacitly +admitted to form no part of the general regulations of the Order. Even in +that Old Charge in which a lodge is described, and the necessity of +membership in is enforced, not a word is said of the payment of arrears to +it, or of the duty of contributing to its support. Hence the non-payment +of arrears is a violation of a special and voluntary contract with a +lodge, and not of any general duty to the craft at large. The corollary +from all this is, evidently, that the punishment inflicted in such a case +should be one affecting the relations of the delinquent with the +particular lodge whose bye-laws he has infringed, and not a general one, +affecting his relations with the whole Order. After a consideration of +all these circumstances, I am constrained to think that suspension from +alodge, for non-payment of arrears, should only suspend the rights of the +member as to his own lodge, but should not affect his right of visiting +other lodges, nor any of the other privileges inherent in him as a Mason. +Such is not, I confess, the general opinion, or usage of the craft in this +country, but yet I cannot but believe that it is the doctrine most +consonant with the true spirit of the institution. It is the practice +pursued by the Grand Lodge of England, from which most of our Grand Lodges +derive, directly or indirectly, their existence. It is also the regulation +of the Grand Lodge of Massachusetts. The Grand Lodge of South Carolina +expressly forbids suspension from the rights and benefits of Masonry for +non-payment of dues, and the Grand Lodge of New York has a similar +provision in its Constitution. + +Of the two modes of exclusion from a lodge for non-payment of dues, +namely, suspension and erasure, the effects are very different. Suspension +does not abrogate the connection between the member and his lodge, and +places his rights in abeyance only. Upon the payment of the debt, he is +at once restored without other action of the lodge. But erasure from the +roll terminates all connection between the delinquent and the lodge, and +he ceases to be a member of it. Payment of the dues, simply, will not +restore him; for it is necessary that he should again be elected by the +Brethren, upon formal application. + +The word exclusion has a meaning in England differing from that in which +it has been used in the present section. There the prerogative of +expulsion is, as I think very rightly, exercised only by the Grand Lodge. +The term "expelled" is therefore used only when a Brother is removed from +the craft, by the Grand Lodge. The removal by a District Grand Lodge, or a +subordinate lodge, is called "exclusion." The effect, however, of the +punishment of exclusion, is similar to that which has been here advocated. + + + +Section IV. + +_Of Definite Suspension._ + + +Suspension is a punishment by which a party is temporarily deprived of his +rights and privileges as a Mason. It does not terminate his connection +with the craft, but only places it in abeyance, and it may again be +resumed in a mode hereafter to be indicated. + +Suspension may be, in relation to time, either definite or indefinite. And +as the effects produced upon the delinquent, especially in reference to +the manner of his restoration, are different, it is proper that each +should be separately considered. + +In a case of definite suspension, the time for which the delinquent is to +be suspended, whether for one month, for three, or six months, or for a +longer or shorter period, is always mentioned in the sentence. + +At its termination, the party suspended is at once restored without +further action of the lodge. But as this is a point upon which there has +been some difference of opinion, the argument will be fully discussed in +the chapter on the subject of _Restoration._ + +By a definite suspension, the delinquent is for a time placed beyond the +pale of Masonry. He is deprived of all his rights as a Master Mason--is +not permitted to visit any lodge, or hold masonic communication with his +Brethren--is not entitled to masonic relief, and should he die during his +suspension, is not entitled to masonic burial. In short, the amount of +punishment differs from that of indefinite suspension or expulsion only +in the period of time for which it is inflicted. + +The punishment of definite suspension is the lightest that can be +inflicted of those which affect the relations of a Mason with the +fraternity at large. It must always be preceded by a trial, and the +prevalent opinion is, that it may be inflicted by a two-thirds vote of the +lodge. + + + +Section V. + +_Of Indefinite Suspension._ + + +Indefinite suspension is a punishment by which the person suspended is +deprived of all his rights and privileges as a Mason, until such time as +the lodge which has suspended him shall see fit, by a special action, to +restore him. + +All that has been said of definite suspension in the preceding section, +will equally apply to indefinite suspension, except that in the former +case the suspended person is at once restored by the termination of the +period for which he was suspended; while in the latter, as no period of +termination had been affixed, a special resolution of the lodge will be +necessary to effect a restoration. + +By suspension the connection of the party with his lodge and with the +institution is not severed; he still remains a member of his lodge, +although his rights as such are placed in abeyance. In this respect it +materially differs from expulsion, and, as an inferior grade of +punishment, is inflicted for offenses of a lighter character than those +for which expulsion is prescribed. + +The question here arises, whether the dues of a suspended member to his +lodge continue to accrue during his suspension? I think they do not. Dues +or arrears are payments made to a lodge for certain rights and +benefits--the exercise and enjoyment of which are guaranteed to the +member, in consideration of the dues thus paid. But as by suspension, +whether definite or indefinite, he is for the time deprived of these +rights and benefits, it would seem unjust to require from him a payment +for that which he does not enjoy. I hold, therefore, that suspension from +the rights and benefits of Masonry, includes also a suspension from the +payment of arrears. + +No one can be indefinitely suspended, unless after a due form of trial, +and upon the vote of at least two-thirds of the members present. + + + +Section VI. + +_Of Expulsion._[98] + + +Expulsion is the very highest penalty that can be inflicted upon a +delinquent Mason. It deprives the party expelled of all the masonic rights +and privileges that he ever enjoyed, not only as a member of the lodge +from which he has been ejected, but also of all those which were inherent +in him as a member of the fraternity at large. He is at once as completely +divested of his masonic character as though he had never been admitted +into the institution. He can no longer demand the aid of his Brethren, nor +require from them the performance of any of the duties to which he was +formerly entitled, nor visit any lodge, nor unite in any of the public or +private ceremonies of the Order. No conversation on masonic subjects can +be held with him, and he is to be considered as being completely without +the pale of the institution, and to be looked upon in the same light as a +profane, in relation to the communication of any masonic information. + +It is a custom too generally adopted in this country, for subordinate +lodges to inflict this punishment, and hence it is supposed by many, that +the power of inflicting it is vested in the subordinate lodges. But the +fact is, that the only proper tribunal to impose this heavy penalty is a +Grand Lodge. A subordinate may, indeed, try its delinquent member, and if +guilty declare him expelled. But the sentence is of no force until the +Grand Lodge, under whose jurisdiction it is working, has confirmed it. And +it is optional with the Grand Lodge to do so, or, as is frequently done, +to reverse the decision and reinstate the Brother. Some of the lodges in +this country claim the right to expel independently of the action of the +Grand Lodge, but the claim is not valid. The very fact that an expulsion +is a penalty, affecting the general relations of the punished party with +the whole fraternity, proves that its exercise never could, with +propriety, be intrusted to a body so circumscribed in its authority as a +subordinate lodge. Besides, the general practice of the fraternity is +against it. The English Constitutions vest the power to expel exclusively +in the Grand Lodge.[99] + +The severity of the punishment will at once indicate the propriety of +inflicting it only for the most serious offenses, such, for instance, as +immoral conduct, that would subject a candidate for initiation to +rejection. + +As the punishment is general, affecting the relation of the one expelled +with the whole fraternity, it should not be lightly imposed, for the +violation of any masonic act not general in its character. The commission +of a grossly immoral act is a violation of the contract entered into +between each Mason and his Order. If sanctioned by silence or impunity, it +would bring discredit on the institution, and tend to impair its +usefulness. A Mason who is a bad man, is to the fraternity what a +mortified limb is to the body, and should be treated with the same mode of +cure--he should be cut off, lest his example spread, and disease be +propagated through the constitution. + +The punishment of expulsion can only be inflicted after a due course of +trial, and upon the votes of at least two-thirds of the members present, +and should always be submitted for approval and confirmation to the Grand +Lodge. + +One question here arises, in respect not only to expulsion but to the +other masonic punishments, of which I have treated in the preceding +sections:--Does suspension or expulsion from a Chapter of Royal Arch +Masons, an Encampment of Knights Templar, or any other of what are called +the higher degrees of Masonry, affect the relations of the expelled party +to Symbolic or Ancient Craft Masonry? I answer, unhesitatingly, that it +does not, and for reasons which, years ago, I advanced, in the following +language, and which appear to have met with the approval of the most of my +contemporaries:-- + +"A chapter of Royal Arch Masons, for instance, is not, and cannot be, +recognized as a masonic body, by a lodge of Master Masons. 'They hear them +so to be, but they do not know them so to be,' by any of the modes of +recognition known to Masonry. The acts, therefore, of a Chapter cannot be +recognized by a Master Masons' lodge, any more than the acts of a literary +or charitable society wholly unconnected with the Order. Again: By the +present organization of Freemasonry, Grand Lodges are the supreme masonic +tribunals. If, therefore, expulsion from a Chapter of Royal Arch Masons +involved expulsion from a Blue Lodge, the right of the Grand Lodge to hear +and determine causes, and to regulate the internal concerns of the +institution, would be interfered with by another body beyond its control. +But the converse of this proposition does not hold good. Expulsion from a +Blue Lodge involves expulsion from all the higher degrees; because, as +they are composed of Blue Masons, the members could not of right sit and +hold communications on masonic subjects with one who was an expelled +Mason."[100] + + + + +Chapter III. + +Of Masonic Trials. + + + +Having thus discussed the penalties which are affixed to masonic offenses, +we are next to inquire into the process of trial by which a lodge +determines on the guilt or innocence of the accused. This subject will be +the most conveniently considered by a division into two sections; first, +as to the form of trial; and secondly, as to the character of the +evidence. + + + +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. + +Every member present is bound to vote, unless excused by unanimous +consent. + +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 +as witnesses. Hence, the testimony of an atheist must be rejected; +because, as it has been well said, such a person cannot be subject to that +sanction which is deemed an indispensable test of truth. But as Masonry +does not demand of its candidates any other religious declaration than +that of a belief in God, it cannot require of the witnesses in its trials +any profession of a more explicit faith. But even here it seems to concur +with the law of the land; for it has been decided by Chief Baron Willes, +that "an infidel who believes in a God, and that He will reward and punish +him in this world, but does not believe in a future state, may be examined +upon oath." + +3. Persons who have been rendered infamous by their conviction of great +crimes, are deemed incompetent to give evidence. This rule has been +adopted, because the commission of an infamous crime implies, as Sir +William Scott has observed, "such a dereliction of moral principle on the +part of the witness, as carries with it the conclusion that he would +entirely disregard the obligation of an oath." Of such a witness it has +been said, by another eminent judge,[102] that "the credit of his oath is +over-balanced by the stain of his iniquity." + +4. Persons interested in the result of the trial are considered +incompetent to give evidence. From the nature of human actions and +passions, and from the fact that all persons, even the most virtuous, are +unconsciously swayed by motives of interest, the testimony of such persons +is rather to be distrusted than believed. This rule will, perhaps, be +generally of difficult application in masonic trials, although in a civil +suit at law it is easy to define what is the interest of a party +sufficient to render his evidence incompetent. But whenever it is clearly +apparent that the interests of a witness would be greatly benefited by +either the acquittal or the conviction of the accused, his testimony must +be entirely rejected, or, if admitted, its value must be weighed with the +most scrupulous caution. + +Such are the rules that the wisdom of successive generations of men, +learned in the law, have adopted for the establishment of the competency +or incompetency of witnesses. There is nothing in them which conflicts +with the principles of justice, or with the Constitutions of Freemasonry; +and hence they may, very properly, be considered as a part of our own +code. In determining, therefore, the rule for the admission of witnesses +in masonic trials, we are to be governed by the simple proposition that +has been enunciated by Mr. Justice Lawrence in the following language: + +"I find no rule less comprehensive than this, that all persons are +admissible witnesses who have the use of their reason, and such religious +belief as to feel the obligation of an oath, who have not been convicted +of any infamous crime, and who are not influenced by interest." + +The peculiar, isolated character of our institution, here suggests as an +important question, whether it is admissible to take the testimony of a +profane, or person who is not a Freemason, in the trial of a Mason before +his lodge. + +To this question I feel compelled to reply, that such testimony is +generally admissible; but, as there are special cases in which it is not, +it seems proper to qualify that reply by a brief inquiry into the grounds +and reasons of this admissibility, and the mode and manner in which such +testimony is to be taken. + +The great object of every trial, in Masonry, as elsewhere, is to elicit +truth; and, in the spirit of truth, to administer justice. From whatever +source, therefore, this truth can be obtained, it is not only competent +there to seek it, but it is obligatory on us so to do. This is the +principle of law as well as of common sense. Mr. Phillips, in the +beginning of his great "Treatise on the Law of Evidence," says: "In +inquiries upon this subject, the great end and object ought always to be, +the ascertaining of the most convenient and surest means for the +attainment of truth; the rules laid down are the means used for the +attainment of that end." + +Now, if A, who is a Freemason, shall have committed an offense, of which B +and C alone were cognizant as witnesses, shall it be said that A must be +acquitted for want of proof, because B and C are not members of the Order? +We apprehend that in this instance the ends of justice would be defeated, +rather than subserved. If the veracity and honesty of B and C are +unimpeached, their testimony as to the fact cannot lawfully be rejected on +any ground, except that they may be interested in the result of the trial, +and might be benefited by the conviction or the acquittal of the +defendant. But this is an objection that would hold against the evidence +of a Mason, as well as a profane. + +Any other rule would be often attended with injurious consequences to our +institution. We may readily suppose a case by way of illustration. A, who +is a member of a lodge, is accused of habitual intemperance, a vice +eminently unmasonic in its character, and one which will always reflect a +great portion of the degradation of the offender upon the society which +shall sustain and defend him in its perpetration. But it may happen--and +this is a very conceivable case--that in consequence of the remoteness of +his dwelling, or from some other supposable cause, his Brethren have no +opportunity of seeing him, except at distant intervals. There is, +therefore, no Mason, to testify to the truth of the charge, while his +neighbors and associates, who are daily and hourly in his company, are all +aware of his habit of intoxication. + +If, then, a dozen or more men, all of reputation and veracity, should +come, or be brought before the lodge, ready and willing to testify to this +fact, by what process of reason or justice, or under what maxim of masonic +jurisprudence, could their testimony be rejected, simply because they were +not Masons? And if rejected--if the accused with this weight of evidence +against him, with this infamy clearly and satisfactorily proved by these +reputable witnesses, were to be acquitted, and sent forth purged of the +charge, upon a mere technical ground, and thus triumphantly be sustained +in the continuation of his vice, and that in the face of the very +community which was cognizant of his degradation of life and manners, who +could estimate the disastrous consequences to the lodge and the Order +which should thus support and uphold him in his guilty course? The world +would not, and could not appreciate the causes that led to the rejection +of such clear and unimpeachable testimony, and it would visit with its +just reprobation the institution which could thus extend its fraternal +affections to the support of undoubted guilt. + +But, moreover, this is not a question of mere theory; the principle of +accepting the testimony of non-masonic witnesses has been repeatedly acted +on. If a Mason has been tried by the courts of his country on an +indictment for larceny, or any other infamous crime, and been convicted by +the verdict of a jury, although neither the judge nor the jury, nor the +witnesses were Masons, no lodge after such conviction would permit him to +retain his membership, but, on the contrary, it would promptly and +indignantly expel him from the Brotherhood. If, however, the lodge should +refuse to expel him, on the ground that his conviction before the court +was based on the testimony of non-masonic witnesses, and should grant him +a lodge trial for the same offense, then, on the principle against which +we are contending, the evidence of these witnesses as "profanes" would be +rejected, and the party be acquitted for want of proof; and thus the +anomalous and disgraceful spectacle would present itself--of a felon +condemned and punished by the laws of his country for an infamous crime, +acquitted and sustained by a lodge of Freemasons. + +But we will be impressed with the inexpediency and injustice of this +principle, when we look at its operation from another point of view. It is +said to be a bad rule that will not work both ways; and, therefore, if the +testimony of non-masonic witnesses against the accused is rejected on the +ground of inadmissibility, it must also be rejected when given in his +favor. Now, if we suppose a case, in which a Mason was accused before his +lodge of having committed an offense, at a certain time and place, and, by +the testimony of one or two disinterested persons, he could establish what +the law calls an _alibi_, that is, that at that very time he was at a +far-distant place, and could not, therefore, have committed the offense +charged against him, we ask with what show of justice or reason could such +testimony be rejected, simply because the parties giving it were not +Masons? But if the evidence of a "profane" is admitted in favor of the +accused, rebutting testimony of the same kind cannot with consistency be +rejected; and hence the rule is determined that in the trial of Masons, it +is competent to receive the evidence of persons who are not Masons, but +whose competency, in other respects, is not denied. + +It must, however, be noted, that the testimony of persons who are not +Masons is not to be given as that of Masons is, within the precincts of +the lodge. They are not to be present at the trial; and whatever testimony +they have to adduce, must be taken by a committee, to be afterwards +accurately reported to the lodge. But in all cases, the accused has a +right to be present, and to interrogate the witnesses. + +The only remaining topic to be discussed is the method of taking the +testimony, and this can be easily disposed of. + +The testimony of Masons is to be taken either in lodge or in committee, +and under the sanction of their obligations. + +The testimony of profanes is always to be taken by a committee, and on +oath administered by a competent legal officer--the most convenient way of +taking such testimony is by affidavit. + + + + +Chapter IV. + +Of the Penal Jurisdiction of a Lodge. + + + +The penal jurisdiction of a lodge is that jurisdiction which it is +authorized to exercise for the trial of masonic offenses, and the +infliction of masonic punishment. It may be considered as either +geographical or personal. + +The geographical jurisdiction of a lodge extends in every direction, half +way to the nearest lodge. Thus, if two lodges be situated at the distance +of sixteen miles from each other, then the penal jurisdiction of each will +extend for the space of eight miles in the direction of the other. + +The personal jurisdiction of a lodge is that jurisdiction which a lodge +may exercise over certain individuals, respective or irrespective of +geographical jurisdiction. This jurisdiction is more complicated than the +other, and requires a more detailed enumeration of the classes over whom +it is to be exercised. + +1. A lodge exercises penal jurisdiction over all its members, no matter +where they may reside. A removal from the geographical jurisdiction will +not, in this case, release the individual from personal jurisdiction. The +allegiance of a member to his lodge is indefeasible. + +2. A lodge exercises penal jurisdiction over all unaffiliated Masons, +living within its geographical jurisdiction. An unaffiliated Mason cannot +release himself from his responsibilities to the Order. And if, by immoral +or disgraceful conduct, he violates the regulations of the Order, or tends +to injure its reputation in the estimation of the community, he is +amenable to the lodge nearest to his place of residence, whether this +residence be temporary or permanent, and may be reprimanded, suspended, or +expelled. + +This doctrine is founded on the wholesome reason, that as a lodge is the +guardian of the purity and safety of the institution, within its own +jurisdiction, it must, to exercise this guardianship with success, be +invested with the power of correcting every evil that occurs within its +precincts. And if unaffiliated Masons were exempted from this control, the +institution might be seriously affected in the eyes of the community, by +their bad conduct. + +3. The personal jurisdiction of a lodge, for the same good reason, +extends over all Masons living in its vicinity. A Master Mason belonging +to a distant lodge, but residing within the geographical jurisdiction of +another lodge, becomes amenable for his conduct to the latter, as well as +to the former lodge. But if his own lodge is within a reasonable distance, +courtesy requires that the lodge near which he resides should rather make +a complaint to his lodge than itself institute proceedings against him. +But the reputation of the Order must not be permitted to be endangered, +and a case might occur, in which it would be inexpedient to extend this +courtesy, and where the lodge would feel compelled to proceed to the trial +and punishment of the offender, without appealing to his lodge. The +geographical jurisdiction will, in all cases, legalize the proceedings. + +4. But a lodge situated near the confines of a State cannot extend its +jurisdiction over Masons residing in a neighboring State, and not being +its members, however near they may reside to it: for no lodge can exercise +jurisdiction over the members of another Grand Lodge jurisdiction. Its +geographical, as well as personal jurisdiction, can extend no further than +that of its own Grand Lodge. + +5. Lastly, no lodge can exercise penal jurisdiction over its own Master, +for he is alone responsible for his conduct to the Grand Lodge. But it may +act as his accuser before that body, and impeach him for any offense that +he may have committed. Neither can a lodge exercise penal jurisdiction +over the Grand Master, although under other circumstances it might have +both geographical and personal jurisdiction over him, from his residence +and membership. + + + + +Chapter V. + +Of Appeals. + + + +Every Mason, who has been tried and convicted by a lodge, has an +inalienable right to appeal from that conviction, and from the sentence +accompanying it, to the Grand Lodge. + +As an appeal always supposes the necessity of a review of the whole case, +the lodge is bound to furnish the Grand Lodge with an attested copy of its +proceedings on the trial, and such other testimony in its possession as +the appellant may deem necessary for his defense. + +The Grand Lodge may, upon investigation, confirm the verdict of its +subordinate. In this case, the appeal is dismissed, and the sentence goes +into immediate operation without any further proceedings on the part of +the lodge. + +The Grand Lodge may, however, only approve in part, and may reduce the +penalty inflicted, as for instance, from expulsion to suspension. In this +case, the original sentence of the lodge becomes void, and the milder +sentence of the Grand Lodge is to be put in force. The same process would +take place, were the Grand Lodge to increase instead of diminishing the +amount of punishment, as from suspension to expulsion. For it is competent +for the Grand Lodge, on an appeal, to augment, reduce or wholly abrogate +the penalty inflicted by its subordinate. + +But the Grand Lodge may take no direct action on the penalty inflicted, +but may simply refer the case back to the subordinate for a new trial. In +this case, the proceedings on the trial will be commenced _de novo_, if +the reference has been made on the ground of any informality or illegality +in the previous trial. But if the case is referred back, not for a new +trial, but for further consideration, on the ground that the punishment +was inadequate--either too severe, or not sufficiently so--in this case, +it is not necessary to repeat the trial. The discussion on the nature of +the penalty to be inflicted should, however, be reviewed, and any new +evidence calculated to throw light on the nature of the punishment which +is most appropriate, may be received. + +Lastly, the Grand Lodge may entirely reverse the decision of its +subordinate, and decree a restoration of the appellant to all his rights +and privileges, on the ground of his innocence of the charges which had +been preferred against him. But, as this action is often highly important +in its results, and places the appellant and the lodge in an entirely +different relative position, I have deemed its consideration worthy of a +distinct chapter. + +During the pendency of an appeal, the sentence of the subordinate lodge is +held in abeyance, and cannot; be enforced. The appellant in this case +remains in the position of a Mason "under charges." + + + + +Chapter VI. + +Of Restoration. + + + +The penalties of suspension and expulsion are terminated by restoration, +which may take place either by the action of the lodge which inflicted +them, or by that of the Grand Lodge. + +Restoration from definite suspension is terminated without any special +action of the lodge, but simply by the termination of the period for which +the party was suspended. He then at once reenters into the possession of +all the rights, benefits, and functions, from which he had been +temporarily suspended. + +I have myself no doubt of the correctness of this principle; but, as it +has been denied by some writers, although a very large majority of the +authorities are in its favor, it may be well, briefly, to discuss its +merits. + +Let us suppose that on the 1st of January A.B. had been suspended for +three months, that is, until the 1st day of April. At the end of the three +months, that is to say, on the first of April, A.B. would no longer be a +suspended member--for the punishment decreed will have been endured; and +as the sentence of the lodge had expressly declared that his suspension +was to last until the 1st of April, the said sentence, if it means +anything, must mean that the suspension was, on the said 1st of April, to +cease and determine. If he were, therefore, to wait until the 1st of May +for the action of the lodge, declaring his restoration, he would suffer a +punishment of four months' suspension, which was not decreed by his lodge +upon his trial, and which would, therefore, be manifestly unjust and +illegal. + +Again: if the offense which he had committed was, upon his trial, found to +be so slight as to demand only a dismissal for one night from the lodge, +will it be contended that, on his leaving the lodge-room pursuant to his +sentence, he leaves not to return to it on the succeeding communication, +unless a vote should permit him? Certainly not. His punishment of +dismissal for one night had been executed; and on the succeeding night he +reentered into the possession of all his rights. But if he can do so after +a dismissal or suspension of one night, why not after one or three, six or +twelve months? The time is extended, but the principle remains the same. + +But the doctrine, that after the expiration of the term of a definite +suspension, an action by the lodge is still necessary to a complete +restoration, is capable of producing much mischief and oppression. For, if +the lodge not only has a right, but is under the necessity of taking up +the case anew, and deciding whether the person who had been suspended for +three months, and whose period of suspension has expired, shall now be +restored, it follows, that the members of the lodge, in the course of +their inquiry, are permitted to come to such conclusion as they may think +just and fit; for to say that they, after all their deliberations, are, to +vote only in one way, would be too absurd to require any consideration. +They may, therefore, decide that A.B., having undergone the sentence of +the lodge, shall be restored, and then of course all would be well, and no +more is to be said. But suppose that they decide otherwise, and say that +A.B., having undergone the sentence of suspension of three months, _shall +not_ be restored, but must remain suspended until further orders. Here, +then, a party would have been punished a second time for the same offense, +and that, too, after having suffered what, at the time of his conviction, +was supposed to be a competent punishment--and without a trial, and +without the necessary opportunities of defense, again found guilty, and +his comparatively light punishment of suspension for three months changed +into a severer one, and of an indefinite period. The annals of the most +arbitrary government in the world--the history of the most despotic tyrant +that ever lived--could not show an instance of more unprincipled violation +of law and justice than this. And yet it may naturally be the result of +the doctrine, that in a sentence of definite suspension, the party can be +restored only by a vote of the lodge at the expiration of his term of +suspension. If the lodge can restore him, it can as well refuse to restore +him, and to refuse to restore him would be to inflict a new punishment +upon him for an old and atoned-for offense. + +On the 1st of January, for instance, A.B., having been put upon his trial, +witnesses having been examined, his defense having been heard, was found +guilty by his lodge of some offense, the enormity of which, whatever it +might be, seemed to require a suspension from Masonry for just three +months, neither more nor less. If the lodge had thought the crime still +greater, it would, of course, we presume, have decreed a suspension of +six, nine, or twelve months. But considering, after a fair, impartial, and +competent investigation of the merits of the case (for all this is to be +presumed), that the offended law would be satisfied with a suspension of +three months, that punishment is decreed. The court is adjourned _sine +die_; for it has done all that is required--the prisoner undergoes his +sentence with becoming contrition, and the time having expired, the bond +having been paid, and the debt satisfied, he is told that he must again +undergo the ordeal of another trial, before another court, before he can +reassume what was only taken from him for a definite period; and that it +is still doubtful, whether the sentence of the former court may not even +now, after its accomplishment, be reversed, and a new and more severe one +be inflicted. + +The analogy of a person who has been sentenced to imprisonment for a +certain period, and who, on the expiration of that period, is at once +released, has been referred to, as apposite to the case of a definite +suspension. Still more appropriately may we refer to the case of a person +transported for a term of years, and who cannot return until that term +expires, but who is at liberty at once to do so when it has expired. +"Another capital offense against public justice," says Blackstone, "is +the returning from transportation, or being seen at large in Great Britain +_before the expiration of the term for which the offender was sentenced to +be transported." _ Mark these qualifying words: "before the expiration of +the term:" they include, from the very force of language, the proposition +that it is no offense to return _after_ the expiration of the term. And so +changing certain words to meet the change of circumstances, but leaving +the principle unchanged, we may lay down the law in relation to +restorations from definite suspensions, as follows: + +_It is an offense against the masonic code to claim the privileges of +Masonry, or to attempt to visit a lodge after having been suspended, +before the expiration of the term for which the offender was suspended_. + +Of course, it is no crime to resume these privileges after the term has +expired; for surely he must have strange notions of the powers of +language, who supposes that suspension for three months, and no more, does +not mean, that when the three months are over the suspension ceases. And, +if the suspension ceases, the person is no longer suspended; and, if no +longer suspended he is in good standing, and requires no further action to +restore him to good moral and masonic health. + +But it is said that, although originally only suspended for three months, +at the expiration of that period, his conduct might continue to be such as +to render his restoration a cause of public reproach. What is to be done +in such a case? It seems strange that the question should be asked. The +remedy is only too apparent. Let new charges be preferred, and let a new +trial take place for his derelictions of duty during the term of his +suspension. Then, the lodge may again suspend him for a still longer +period, or altogether expel him, if it finds him deserving such +punishment. But in the name of justice, law, and common sense, do not +insiduously and unmanfully continue a sentence for one and a former +offense, as a punishment for another and a later one, and that, too, +without the due forms of trial. + +Let us, in this case, go again for an analogy to the laws of the land. +Suppose an offender had been sentenced to an imprisonment of six months +for a larceny, and that while in prison he had committed some new crime. +When the six months of his sentence had expired, would the Sheriff feel +justified, or even the Judge who had sentenced him, in saying: "I will not +release you; you have guilty of another offense during your +incarceration, and therefore, I shall keep you confined six months +longer?" Certainly not. The Sheriff or the Judge who should do so +high-handed a measure, would soon find himself made responsible for the +violation of private rights. But the course to be pursued would be, to +arrest him for the new offense, give him a fair trial, and, if convicted +again, imprison or otherwise punish him, according to his new sentence, +or, if acquitted, discharge him. + +The same course should be pursued with a Mason whose conduct during the +period of his suspension has been liable to reproach or suspicion. Masons +have rights as well as citizens--every one is to be considered innocent +until he is proved guilty--and no one should suffer punishment, even of +the lightest kind, except after an impartial trial by his peers. + +But the case of an indefinite suspension is different. Here no particular +time has been appointed for the termination of the punishment. It may be +continued during life, unless the court which has pronounced it think +proper to give a determinate period to what was before indeterminate, and +to declare that on such a day the suspension shall cease, and the offender +be restored. In a case of this kind, action on the part of the lodge is +necessary to effect a restoration. + +Such a sentence being intended to last indefinitely--that is to say, +during the pleasure of the lodge--may, I conceive, be reversed at any +legal time, and the individual restored by a mere majority vote the of +lodge. Some authorities think a vote of two-thirds necessary; but I see no +reason why a lodge may not, in this as in other cases, reverse its +decision by a vote of a simple majority. The Ancient Constitutions are +completely silent on this and all its kindred points; and, therefore, +where a Grand Lodge has made no local regulation on the subject, we must +be guided by the principles of reason and analogy, both of which direct us +to the conclusion that a lodge may express its will, in matters +unregulated by the Constitutions, through the vote of a majority. + +But the restoration of an expelled Mason requires a different action. By +expulsion, as I have already said, all connection with the Order is +completely severed. The individual expelled ceases to be a Mason, so far +as respects the exercise of any masonic rights or privileges. His +restoration to the Order is, therefore, equivalent to the admission of a +profane. Having ceased on his expulsion to be a member of the lodge which +had expelled him, his restoration would be the admission of a new member. +The expelled Mason and the uninitiated candidate are to be placed on the +same footing--both are equally unconnected with the institution--the one +having never been in it, and the other having been completely discharged +from it. + +The rule for the admission of new members, as laid down in the Thirty-nine +Regulations, seems to me, therefore, to be applicable in this case; and +hence, I conceive that to reverse a sentence of expulsion and to restore +an expelled Mason will require as unanimous a vote as that which is +necessary on a ballot for initiation. + +Every action taken by a lodge for restoration must be done at a stated +communication and after due notice, that if any member should have good +and sufficient reasons to urge against the restoration, he may have an +opportunity to present them. + +In conclusion, the Grand Lodge may restore a suspended or expelled Mason, +contrary to the wishes of the lodge. + +In such case, if the party has been suspended only, he, at once, resumes +his place and functions in the lodge, from which, indeed, he had only been +temporarily dissevered. + +But in the case of the restoration of an expelled Mason to the rights and +privileges of Masonry, by a Grand Lodge, does such restoration restore him +to membership in his lodge? This question is an important one, and has +very generally been decided in the negative by the Grand Lodges of this +country. But as I unfortunately differ from these high authorities, I +cannot refrain, as an apology for this difference of opinion, from +presenting the considerations which have led me to the conclusion which I +have adopted. I cannot, it is true, in the face of the mass of opposing +authority, offer this conclusion as masonic law. But I would fain hope +that the time is not far distant when it will become so, by the change on +the part of Grand Lodges of the contrary decisions which they have made. + +The general opinion in this country is, that when a Mason has been +expelled by his lodge, the Grand Lodge may restore him to the rights and +privileges, but cannot restore him to membership in his lodge. My own +opinion, in contradiction to this, is, that when a Grand Lodge restores an +expelled Mason, on the ground that the punishment of expulsion from the +rights and privileges of Masonry was too severe and disproportioned to the +offense, it may or may not restore him to membership in his lodge. It +might, for instance, refuse to restore his membership on the ground that +exclusion from his lodge is an appropriate punishment; but where the +decision of the lodge as to the guilt of the individual is reversed, and +the Grand Lodge declares him to be innocent, or that the charge against +him has not been proved, then I hold, that it is compelled by a just +regard to the rights of the expelled member to restore him not only to the +rights and privileges of Masonry, but also to membership in his lodge. + +I cannot conceive how a Brother, whose innocence has been declared by the +verdict of his Grand Lodge, can be deprived of his vested rights as the +member of a particular lodge, without a violation of the principles of +justice. If guilty, let his expulsion stand; but, if innocent, let him be +placed in the same position in which he was before the passage of the +unjust sentence of the lodge which has been reversed. + +The whole error, for such I conceive it to be, in relation to this +question of restoration to membership, arises, I suppose, from a +misapprehension of an ancient regulation, which says that "no man can be +entered a Brother in any particular lodge, or admitted a member thereof, +without the unanimous consent of all the members"--which inherent +privilege is said not to be subject to dispensation, "lest a turbulent +member should thus be imposed upon them, which might spoil their harmony, +or hinder the freedom of their communication, or even break and disperse +the Lodge." But it should be remembered that this regulation altogether +refers to the admission of new members, and not to the restoration of old +ones--to the granting of a favor which the candidate solicits, and which +the lodge may or may not, in its own good pleasure, see fit to confer, and +not to the resumption of a vested and already acquired right, which, if it +be a right, no lodge can withhold. The practical working of this system of +incomplete restoration, in a by no means extreme case, will readily show +its absurdity and injustice. A member having appealed from expulsion by +his lodge to the Grand Lodge, that body calmly and fairly investigates the +case. It finds that the appellant has been falsely accused of an offense +which he has never committed; that he has been unfairly tried, and +unjustly convicted. It declares him innocent--clearly and undoubtedly +innocent, and far freer from any sort of condemnation than the prejudiced +jurors who convicted him. Under these circumstances, it becomes +obligatory that the Grand Lodge should restore him to the place he +formerly occupied, and reinvest him with the rights of which he has been +unjustly despoiled. But that it cannot do. It may restore him to the +privileges of Masonry in general; but, innocent though he be, the Grand +Lodge, in deference to the prejudices of his Brethren, must perpetuate a +wrong, and punish this innocent person by expulsion from his lodge. I +cannot, I dare not, while I remember the eternal principles of justice, +subscribe to so monstrous an exercise of wrong--so flagrant an outrage +upon private rights. + + + + +Index. + + + +A. + + +Accused, to what he is entitled +Act passed in the reign of Henry VI., anno 1425 + " " " it was never enforced +Actual Past Master, term defined +Adjournment, a term not recognized in Masonry + " motion for, cannot be entertained +Affiliated Masons only, can visit lodges +Affiliation, what it is + " mode of + " requires unanimity + " Master Masons only entitled to it + " rejected application for, may be renewed in other lodges + " may be made with more than one lodge +Age, qualifications of candidates as to +Appeal from Grand Master not permitted + " not to be entertained in a lodge + " cannot be taken from the chair + " doctrine of, discussed + " from the Master, must be to the Grand Lodge + " every Mason has a right to one, to the Grand Lodge + " pending one, the sentence is in abeyance +Apprentices, rights of _(see Entered Apprentice_) +Arrears, non-payment of + " to lodges, history of their origin + " do not accrue during suspension +Assembly, general-one held in 287 by St. Alban + " " " in 926 at York + " " governed the craft for nearly 800 years + " " how organized +Atheist cannot be a Mason +Authorities for masonic law + + + +B. + + +Balloting for candidates + every member must take a part in it + secrecy of, inviolable + must be unanimous + Mason irresponsible for it to the lodge + not disfranchised of it by non-payment of arrears + mode of +Balloting in each degree + not actually prescribed in the ancient constitutions, but implied + must be unanimous +Ballot, reconsideration of + motion for, out of order + cannot be granted by dispensation +Black ball is the bulwark of Masonry +Brother, a title to be always used in lodge +Burial, masonic, right of + must be requested except for strangers + Master Masons only entitled to it + dispensation for, not usually required +Business, order of + may be suspended at any time by the Master +By-laws must be approved and confirmed by Grand Lodge + + + +C. + + +Calling from labor to refreshment +Censure, a masonic punishment +Certificates, masonic +Chaplain, Grand (_see Grand Chaplain_) +Charges of accusation, how to be made +Closing lodge is at the discretion of the Master +Committee of investigation on character of candidates +Committees to be appointed by the Master + Master is chairman of, when present +Communication of a lodge, how terminated +Consecration of a lodge how performed + meaning of +Constituting a lodge, ceremony of + meaning of +Constitutions, how to be altered +" Gothic, adopted in 926, +Corn, wine, and oil, masonic elements of consecration, +" " " why elements, +Crimes, masonic, +" " definition of, +" " enumeration of + + + +D. + + +Deacons, +" two in each lodge, +" are appointed officers, +" not removable by Master or Senior Warden +" Grand _(see Grand Deacons_) +Dedication of a lodge, how performed +" to whom, and why, +" meaning of +Definite suspension +" " restoration from +Degrees, no candidate can receive more than two at one communication +Demitting +" right of, not denied until recently, +" regulations concerning +" of many at one time may be refused +Deputy Grand Master, duties and prerogatives of +" " office of, not very ancient +" " exercises prerogatives of Grand Master in his absence +"" cannot be more than one +"" originally appointed by Grand Master +Discussions, how to be conducted in lodge, +Dispensation what and where to be granted +"for a lodge +"" " tenure of its duration +"" " difference from a Warrant +District Deputy Grand Master, a modern invention +Dotage a disqualification of candidates +" meaning of the term +Dues to lodges, a modern usage +" non-payment of, does not disqualify from voting for candidates + + + +E. + + +Emergency, rule upon the subject +Entered Apprentice, rights of + formerly a member of his lodge + formerly permitted to attend the Grand Communications + may sit in a lodge of his degree + cannot speak or vote + cannot be deprived of his rights without trial + after trial may appeal to the Grand Lodge +Erasure from lodge, a masonic punishment +Evidence in masonic trials +Examination of visitors + how to be conducted +Exclusion, a masonic punishment +Executive powers of a Grand Lodge +Expulsion is masonic death +Expulsion, a masonic punishment + should be inflicted by Grand Lodge or with its approval + from higher degrees, its effect + restoration from +Extinct lodges, funds of, revert to the Grand Lodge + + + +F. + + +Family distressed, of a Mason, entitled to relief +Fellow Craft, rights of + they formerly constituted the great body of the Fraternity + formerly permitted to speak, but not vote +Finishing candidates of one lodge in another +Fool cannot be a Mason +Free, a candidate must be, at the time of making +Free-born, a Mason must be + reason for the rule +Funds of extinct lodges revert to the Grand Lodge + + + +G. + + +General Assembly. (_See Assembly, General._) +God, belief in, a qualification of a candidate +Gothic constitutions adopted in 926 +Grand Chaplain, + office established in 1775 + duties of +Grand Deacons + office more ancient than Oliver supposes + duties of + how appointed +Grand Lodge held in 1717 + mode of organizing one + three lodges necessary to organize one + dormant may be revived if a Grand Officer remains, + all the Craft formerly members of + Masters and Wardens of lodges are members + Grand Officers are also members + Past Masters are not members by inherent right + its powers and prerogatives + may make new regulations + must observe the landmarks +Grand Lodges, historical sketch of + are comparatively modern institutions +Grand Marshal + appointed by the Grand Master + duties of +Grand Master, duties and prerogatives of + office of has existed since the origin of Masonry + an elective officer + by whom to be installed + prerogatives of, derived from two sources + no appeal from his decision + may convene Grand Lodge when he chooses + entitled to two votes + how to be punished + may grant dispensations +Grand Master may make Masons at sight + may constitute new lodges + cannot dispense with requisite forms in making Masons + his own lodge cannot exercise jurisdiction over him +Grand Pursuivant +Grand Secretary + office of established in 1723 + duties of +Grand Secretary, may appoint an assistant +Grand Stewards + " " first mentioned in 1721 + " " duties of + " " appointed by Junior Grand Warden +Grand Stewards' Lodge +Grand Sword-Bearer + " " duties of + " " office of, constituted in 1731 +Grand Tiler +" " office of, must have existed from the earliest times +" " must not be a member of the Grand Lodge +" " sometimes appointed, and sometimes elected +Grand Treasurer +" " office of, established in 1724 +" " duties of +" " has always been elected +Grand Wardens +" " originally appointed by the Grand Master +" " succeed the Grand Master and Deputy + + + +H. + + +Heresy not a masonic crime +Higher degrees, effect of expulsion from +Historical sketch + + + +I. + + +Idiot cannot be made a Mason +Impostor, how to be treated in examination +Incompetent witnesses, who they are +Indefinite suspension +" " restoration from +Innovations cannot be made in the body of Masonry +Insanity, if perfectly cured, no disqualification of a candidate +Installation + " whence the term derived + " necessary to legal existence of an officer + " of a Master of a lodge + " of the Grand Master +Instruction of representatives, right of, is vested in a lodge +Investigation of character must be by a committee +Irreligious libertine cannot be a Mason + " " definition of the term + + + +J. + + +Judicial powers of a Grand Lodge, +Junior Grand Warden +Junior Warden, + " " presides in absence of Master and Senior Warden, + " " does not take the West in absence of Senior Warden, + " " presides over the craft during refreshment + " " appoints the stewards +Jurisdiction of a lodge + " geographical or personal + " is over all its members + " " " unaffiliated Masons in its vicinity + " cannot extend beyond State lines, + " none over its Master + + + +K. + + +Knowledge of reading and writing necessary to a Mason + + + +L. + + +Labor, calling from, to refreshment +Landmarks, what they are, + " ritual and legislative + " must be observed by the Grand Lodge +Law of Grand Lodges + " subordinate lodges + " individuals +Lawful information, what it is +Laws, how to be interpreted + " of Masonry are of two kinds--written and unwritten + " written, whence derived + " unwritten, whence derived + " " same as ancient usage +Legislative powers of a Grand Lodge +Libertine, irreligious, cannot be a Mason + meaning of the term +Lodge, subordinate + definition of + how organized + must have been congregated by some superior authority +Lodge, under dispensation + definition of + generally precedes a warranted lodge + how formed + cannot make by-laws + cannot elect officers + cannot install officers + cannot elect members +Lodge, warranted + its powers and rights + must be consecrated + must be dedicated + must be constituted + its officers must be installed + ceremony of installation in + its powers are inherent in it + its reserved rights are secured by the regulations + an assembly of the craft in their primary capacity + may select its own members + elects its own officers + what officers of, are elected in England + may install its officers + Master of, must be installed by a past Master + may be represented in the Grand Lodge + representatives of + may instruct its representatives + may frame by-laws + may suspend or exclude a member + may declare a member expelled, the sentence to be approved by the Grand Lodge + may levy annual contributions + may select its name + cannot select its number + duties of + cannot alter the ritual + must elect officers at a particular time +Lodge, warranted, cannot interfere with business of another lodge + " " cannot initiate without previous notice + " " cannot confer more than two degrees on the same candidate at one time + " " cannot make more than five new Brothers at the same time + " " must meet once a month + " " neglecting to meet forfeits its warrant + " " cannot remove from the town, without the consent of the Grand Lodge + " " may remove from one part of the town to another, under restrictions + " " officers of + + + +M. + + +Madmen cannot be Masons +Maims, how far disqualifying candidates + " reason for the rule relating to +Mass meeting of the craft cannot organize a Grand Lodge +Master, Grand. _(See Grand Master_.) +Master Mason, rights of + " " becomes a member by signing the by-laws + " " how this right is forfeited + " " may apply to any lodge for membership + " " to whom subject for discipline + " " may speak and vote on all questions + " " may hold any office to which elected + " " but to serve as Master must have been a Warden + " " may appeal to the Grand Lodge + " " may visit any lodge, after examination +Master of a lodge + " " " must have previously served as Warden + " " " must see Grand Lodge regulations enforced + " " " must be installed by a Past Master + " " " has the warrant in charge + " " " may call special meetings of his lodge + " " " may close his lodge at any time + " " " presides over business as well as labor + " " " is supreme in his lodge +Master of a lodge, no appeal from his decision except to Grand +Lodge + moral qualifications of + intellectual qualifications of + who is to judge of them + is a member of the Grand Lodge + may exclude a member temporarily +Membership, right of +Members of Grand Lodge are Masters and Wardens with the Grand Officers +Minutes, when to be read + how to be amended + not to be read at special communications + formula for keeping +Moral law, what it is + a Mason must obey it +Motions, when to be entertained + + + +N. + + +Name of a lodge to be selected by itself +Non-residents, initiation of +Number of a lodge regulates its precedency + of candidates to be initiated at one communication + + + +O. + + +Office, can be vacated only by death, removal, or expulsion + not vacated by suspension +Officers of a Grand Lodge + subordinate lodge + warranted lodge must be installed + how to be installed + time of election determined by Grand Lodge + elected annually + vacancies in, how to be supplied + cannot resign +Order, rules of + whence derived + + + +P. + + +Parliamentary law not applicable to Masonry +Past Masters + rights of + not members of the Grand Lodge by inherent right + may install their successors + of two kinds--actual and virtual + may preside in a lodge + eligible to election to the chair + entitled to a seat in the East + eligible to be elected Deputy Grand Master, or Grand Warden + virtual, cannot be present at installing a Master +Penal jurisdiction of a lodge +Perfect youth, meaning of the term +Perfection, physical, why required of a candidate +Petition of candidate + must be read at a regular communication + referred to a committee of three + reported on at next regular communication + report on, cannot be made at a special communication + renewal of, in case of rejection + how to be renewed, if rejected + for advancement to a higher degree + if rejected, how to be renewed +Petitioners, not less than seven to form a lodge + what they must set forth + must be recommended by nearest lodge +Political offenses not cognizable by a lodge +Political qualifications of candidates +Postponed business, when to be called up +Precedency of lodges, regulated by their numbers +Presiding in a lodge, who has the right of + officer, has the prerogatives of the Master, for the time +Previous question, unknown in Masonry +Probation of candidates + for initiation + for advancement +Proceedings of a regular communication cannot be amended at a special one +Profanes, testimony of, how to be taken in trials +Proficiency of candidates +Proficiency of candidates, must be suitable +Punishments, masonic +Pursuivant, a title equivalent to Sword-Bearer + + + +Q. + + +Qualifications of a Master of a lodge + of candidates, + moral + religious + physical + intellectual + political, 184 +Quarterly communications of Grand Lodge, ordered in 1717 +Question, how to be taken on a motion + + + +R. + + +Reading, a qualification of candidates +Recommendation of nearest lodge, necessary to form a new one + of candidate, must be by two members +Reconsideration of ballot + motion for, is out of order, + cannot be granted by dispensation +Rejected candidate cannot apply to any other lodge + renewed petition of, when to be made, +Relief, right of claiming it + unworthy Masons not entitled to it +Religion of a Mason, what it is required to be +Religious offenses not cognizable by a lodge +Removal of a lodge, rule on the subject of +Representatives of a lodge, who they are +Reprimand, a masonic punishment +Restoration + from definite suspension + indefinite supension + expulsion + must be at a stated communication + may be by Grand Lodge + requires a unanimous vote + to membership discussed + + + +S. + + +Secretary, Grand. (_See Grand Secretary._) + of a lodge + his duty + is a recording, corresponding, and receiving officer + is a check upon the treasurer + often receives compensation + in case of death, or expulsion, a successor may be elected + but not in case of removal, or sickness +Senior Grand Warden. (_See Grand Wardens._) +Senior Warden + presides in absence of Master + may invite a Past Master to preside + presides over the craft during labor + appoints the Junior Deacon +Sentence in trials, how to be obtained + ---- is in abeyance pending an appeal +Stewards, Grand. (_See Grand Stewards._) + of a lodge + appointed by Junior Warden + duties of + not removable by Junior Warden +Stranger, initiation of +Suspension + definite + indefinite +Sword Bearer, Grand. (_See Grand Sword Bearer._) + + + +T. + + +Testimony, how to be taken on masonic trials +Tiler, Grand. (_See Grand Tiler._) + of a lodge + office existed from beginning of the institution + no lodge can be without one + must be a worthy Master Mason + if a member, the office does not disfranchise him + when voting, Junior Deacon takes his place + may be removed for misconduct +Tiler's obligation, form of it +Transient persons, initiation of +Treasurer, Grand. _(See Grand Treasurer_.) + " " of a lodge + " " duties of + " " is the only banker of the lodge + " " is a disbursing officer + " " a Brother of worldly substance usually selected + " " in case of death, a successor may be elected + " " but not in case of sickness, or removal +Trials, masonic + " " form of + " " evidence in + + +U. + + +Unaffiliated Masons + " " tax sometimes levied on + " " position, rights, and duties of +Unaffiliation, contrary to the spirit of Masonry + " effect of, on a Mason +Unanimity in the ballot required by the ancient constitutions +Uneducated candidates not forbidden by positive enactment + " " their admission opposed to the spirit of the institution + + +V. + + +Virtual Past Masters, who they are +Visit, right of + " only affiliated Mason entitled to it + " must be preceded by an examination + " requires a certificate to insure it +Visitors, examination of, described + " must take the Tiler's obligation +Voting must always be by a show of hands +Voting in trials, obligatory on all members present +Voucher must be a competent Mason +Vouching for a visitor + + + +W. + + +Wardens, Grand. (_See Grand Wardens._) + of a lodge are assistants of the Master + entitled to membership in Grand Lodge +Warden, Senior. (_See Senior Warden._) +Warden, Junior. (_See Junior Warden._) +Warrant of constitution + what it is + its difference from a dispensation + can be revoked only by the Grand Lodge + confers powers of installation and succession + not necessary before 1717 + cannot be resigned by a majority of the lodge +Warranted lodges. (_See Lodges, Warranted._) +Witnesses in masonic trials, qualifications of + definition of incompetent ones +Woman cannot be made a Mason +Writing, a qualification of candidates + + + +Y. + + +Yeas and nays, calling for, unmasonic +Young man under age cannot be made a Mason +Youth, perfect, meaning of the term + + + + +Footnotes + + + +[1] They will be found in Oliver's edition of Preston, p. 71, note, +(U.M.L., vol. iii., p. 58), or in the American edition by Richards, +Appendix i., note 5. + +[2] Found in Ol. Preston, n. 3 (p. 162. U.M.L., vol. iii., p. 134). + +[3] In all references to, or citations from, Anderson's Constitutions, I +have used, unless otherwise stated, the first edition printed at London in +1723--a fac simile of which has recently been published by Bro. John W. +Leonard, of New York. I have, however, in my possession the subsequent +editions of 1738, 1755, and 1767, and have sometimes collated them +together. + +[4] The Gothic Constitutions are that code of laws which was adopted by +the General Assembly at York, in the year 926. They are no longer extant, +but portions of them have been preserved by Anderson, Preston, and other +writers. + +[5] Preston, book iv., sec, 2., p. 132, n. (U.M.L.,vol. iii., p. 109). + +[6] General Regulations, art. xxxix. + +[7] Chancellor Walworth, in his profound argument on the New York +difficulties, asserted that this fact "does not distinctly appear, +although it is, pretty evident that all voted."--p. 33. The language of +Anderson does not, however, admit of a shadow of a doubt. "The Brethren," +he says, "by a majority of hands, elected," &c. + +[8] Opinion of Chancellor Walworth upon the questions connected with the +late masonic difficulties in the State of New York, p. 37. There is much +historical learning displayed in this little pamphlet. + +[9] Preston, p. 131, n., Oliver's Edit. (U.M.L., vol. iii.,p. 109). + +[10] Of the thirty-six Grand Masters who have presided over the craft in +England since the revival of Masonry in 1717, thirty have been noblemen, +and three princes of the reigning family. + +[11] Article xxxiv. + +[12] His most important prerogatives are inherent or derived from ancient +usage. + +[13] Proceedings G.L. Maryland, 1849, p. 25. + +[14] Art. xxxix. + +[15] The word "time" has been interpreted to mean _communication_. + +[16] And this is not because such past officer has an inherent right to +the mastership, but because as long as such an one is present and willing +to serve, there does not exist such an emergency as would authorize a +dispensation of the law. + +[17] What further concerns a lodge under dispensation is referred to a +special chapter in a subsequent part of the work. + +[18] It is well known, although it cannot be quoted as authority, that the +Athol Constitutions expressly acknowledged the existence of this +prerogative. See Dermott's Ahiman Rezon. + +[19] Book of Constitutions, edit. 1767, p. 222. + +[20] Book of Const., p. 233. + +[21] Book of Const., p. 313. + +[22] Book of Constitutions, p. 319. + +[23] Preston, p. 237, ed. 1802, (U.M.L., vol. iii., p. 223). + +[24] Book of Constitutions, p. 247 + +[25] The existence of this prerogative is denied by the Grand Lodges of +Missouri, Tennessee, Louisiana, and Massachusetts, while it is admitted by +those of New York, Kentucky, North Carolina, South Carolina, Wisconsin, +Vermont, Mississippi, Ohio, New Hampshire, Maryland, Indiana, Texas and +Florida; in the last two, however, subject to limitation. + +[26] That is, the one who has longest been a Freemason. + +[27] Book of the Lodge, p. 115 (U.M.L., vol. i., book 2, p. 78). + +[28] It was abolished in New York in 1854. + +[29] This is a small chest or coffer, representing the ark of the +covenant, and containing the three great lights of Masonry. + +[30] "What man is there that hath a new house and hath not dedicated it? +Let him go and return to his house, lest he die in the battle and another +man dedicate it." Deut. xx. 5. + +[31] De Syned. Vet. Ebræor., 1. iii., c. xiv., § 1. + +[32] Cicero, Brut. i. + +[33] See such a form of Dispensation in Cole's Masonic Library, p. 91. + +[34] Preston, Append., n. 4 (U.M.L., vol. iii., pp. 150, 151). + +[35] Book of Constitutions, orig. ed, p., 70 (U.M.L., vol. xv., book 1, p. +70). + +[36] General Regulations of 1722. A subsequent regulation permitted the +election of a candidate, if there were not more than three black balls +against him, provided the lodge desired such a relaxation of the rule. The +lodges of this country, however, very generally, and, as I think, with +propriety, require unanimity. The subject will be hereafter discussed. + +[37] Every lodge shall annually elect its Master and Treasurer by ballot. +Such Master having been regularly appointed and having served as Warden of +a warranted lodge for one year. _Constitutions of the Ancient Fraternity +of Free and Accepted Masons, published by authority of the United Grand +Lodge of England_, 1847, _p_. 58 (U.M.L., vol. ix., book 1). + +[38] The Wardens, or officers, of a lodge cannot be removed, unless for a +cause which appears to the lodge to be sufficient; but the Master, if he +be dissatisfied with the conduct of any of his officers, may lay the cause +of complaint before the lodge; and, if it shall appear to the majority of +the Brethren present that the complaint be well founded, he shall have +power to displace such officer, and to nominate another. _English +Constitutions, as above, p._ 80 (U.M.L., vol. ix., book 1). + +[39] It is not necessary that he should be a Past Master of the lodge. + +[40] No master shall assume the Master's chair, until he shall have been +regularly installed, though he may in the interim rule the lodge. _English +Constitutions_ (U.M.L., vol. ix., book 1). + +[41] Every Warranted Lodge is a constituent part of the Grand Lodge, in +which assembly all the power of the fraternity resides. _English +Constitutions, p_. 70 (U.M.L., vol. ix., book 1). + +[42] We shall not here discuss the question whether Past Masters are +members of the Grand Lodge, by inherent right, as that subject will be +more appropriately investigated when we come to speak of the Law of Grand +Lodges, in a future chapter. They are, however clearly, not the +representatives of their lodge. + +[43] Preston, p. 167 (U.M.L., vol. iii., p. 151). + +[44] General Regulations. Of the duty of members, Art. X, (U.M.L., vol. +xv., book 1, p. 61). + +[45] English Constitutions, p. 59 (U.M.L., vol. ix., book 1). + +[46] In selecting the name, the modern Constitutions of England make the +approbation of the Grand Master or Provincial Grand Master necessary. + +[47] Such is the doctrine of the modern English Constitutions. + +[48] "No Brother can be a Warden until he has passed the part of a Fellow +Craft; nor a Master until he has acted as a Warden."--_Old Charges_, IV. +(U.M.L., vol. xv., book 1, p. 52). + +[49] Regulations on Installation of a Master, No. III. Preston, p. 74 +(U.M.L., vol. iii., p. 61). + +[50] Hats. quoted in Jefferson, p. 14. + +[51] One of the ancient charges, which Preston tells us that it was the +constant practice of our Ancient Brethren to rehearse at the opening and +closing of the lodge, seems to refer to this rule, when it says, "the +Master, Wardens, and Brethren are just and faithful, and _carefully finish +the work they begin_."--Oliver's Preston, p. 27, _note_ (U.M.L., vol. +iii., p. 22). + +[52] Proceedings of G.L. of Tennessee, 1850. Appendix A, p. 8. + +[53] Book of Constitutions, edition of 1755, p. 282. + +[54] If it is an extra communication, this item of the transaction is, of +course, omitted, for minutes are only to be confirmed at regular +communications. + +[55] Oliver's Preston, p. 163, note (U.M.L., vol. iii., p. 135). + +[56] Such is the provision in the modern constitutions of England, but the +4th of the 39 Regulations required the candidate to be at least +twenty-five. + +[57] See these regulations in Preston, p. 162, Oliver's ed. (U.M.L., vol. +iii., p. 135). + +[58] Oliver's Preston, p. 72, (U.M.L., vol. iii., p. 59). + +[59] Blackstone, Com. I., Introd., § 2. + +[60] In an able report on this subject, in the proceedings of the Grand +Lodge of Georgia for 1852. In accordance with the views there expressed, +Bro. Rockwell decided officially, as District Deputy Grand Master, in +1851, that a man who had lost one eye was not admissible. + +[61] Potter, 184. + +[62] Page 18. In December, 1851, the Committee of Correspondence of North +Carolina, unregardful of the rigid rule of their predecessors, decided +that maimed candidates might be initiated, "provided their loss or +infirmity will not prevent them from making full proficiency in Masonry." + +[63] Proceedings of the G.L. of Mo. for 1823, p. 5. The report and +resolution were on the petitions of two candidates to be initiated, one +with only one arm, and the other much deformed in his legs. + +[64] When the spirit of expediency once begins, we know not where it will +stop. Thus a blind man has been initiated in Mississippi, and a one-armed +one in Kentucky; and in France a few years since, the degrees were +conferred by sign-language on a deaf mute! + +[65] Namely, the incorrectly presumed operative origin of the Order. The +whole of this report, which is from the venerable Giles F. Yates, contains +an able and unanswerable defense of the ancient law in opposition to any +qualification. + +[66] See proceedings of New York, 1848, pp. 36, 37. + +[67] Such is the formula prescribed by the Constitutions of England as +well as all the Monitors in this country. + +[68] See Mackey's Lexicon of Freemasonry, 3d Edit., art, _Ballot_. + +[69] Book of Constitutions. Edit. 1755, p. 312. + +[70] See Mackey's Lexicon of Freemasonry, 3d Edit., art. _Ballot_ + +[71] Except when there is but one black ball, in which case the matter +lies over until the next stated meeting. See preceding Section. + +[72] Masonry founded on Scripture, a Sermon preached in 1752, by the Rev. +W. Williams. + +[73] That is, advance him, from the subordinate position of a serving man +or Apprentice, to that of a Fellow Craft or journeyman. + +[74] This is also the regulation of the Grand Lodge of South Carolina. + +[75] Proceedings of Grand Lodge of New York, for 1845. He excepts, of +course, from the operation of the rule, those made by dispensation; but +this exception does not affect the strength of the principle. + +[76] Preston, edition of Oliver, p. 12 (U.M.L., vol. iii., p. 10). + +[77] Transactions of the G.L. of New York, anno 1848, p. 73. + +[78] Edition of 1723, page 71 (U.M.L., vol. xv., book 1, p. 71). + +[79] Preston, p. 48 (U.M.L., vol, iii., p. 40). + +[80] Const. New York, 1854, p. 13. The Constitutions of the Grand Lodge of +England (p. 64) have a similar provision; but they require the Brother to +express his wish for membership on the day of his initiation. + +[81] Preston, Oliver's Ed., p. 71, _note_ (U.L.M., vol. iii., p. 60). + +[82] See Oliver, note in Preston, p. 75 (U.M.L., vol. iii, p. 61). + +[83] Oliver's Preston, p. 162 (U.M.L., vol. iii., p. 135.) + +[84] See Anderson's Const., 3d Edit., 1755, page 303. + +[85] Preston, Oliver's Edit., p. 89 (U.M.L., vol. iii., p. 72). + +[86] Preston, Oliver's Edit" p. 90 (U.M.L., vol. iii., p. 73). + +[87] Book I., chap. iii. + +[88] Proceedings of Louisiana, an. 1852. + +[89] Preston, Oliver's Edit., p. 76 (U.M.L., vol. iii, p. 62). + +[90] Ibid + +[91] See Mackey's Lexicon of Freemasonry, _in voce_. + +[92] Constitutions, Second Edition of 1738, p. 154. + +[93] Proceedings for 1853. + +[94] Proceedings for 1847. + +[95] The right to visit is restricted to once, by many Grand Lodges to +enable him to become acquainted with the character of the lodge before he +applies for membership. + +[96] Blackstone, Introd., § i. + +[97] For so we should interpret the word "honeste." + +[98] I have treated this subject of expulsion so fully in my "Lexicon of +Freemasonry," and find so little more to say on the subject, that I have +not at all varied from the course of argument, and very little from the +phraseology of the article in that work. + +[99] In England, ejection from a membership by a subordinate lodge is +called "exclusion," and it does not deprive the party of his general +rights as a member of the fraternity. + +[100] Lexicon of Freemasonry. + +[101] Phillips, on Evidence, p. 3. + +[102] Chief Baron Gilbert. + + + + + +End of Project Gutenberg's The Principles of Masonic Law, by Albert G. 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For +example an eBook of filename 10234 would be found at: + + https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: + https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: + https://www.gutenberg.org/GUTINDEX.ALL + + diff --git a/old/12186-8.txt b/old/12186-8.txt new file mode 100644 index 0000000..067e627 --- /dev/null +++ b/old/12186-8.txt @@ -0,0 +1,8579 @@ +Project Gutenberg's The Principles of Masonic Law, by Albert G. Mackey + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Principles of Masonic Law + A Treatise on the Constitutional Laws, Usages And Landmarks of + Freemasonry + + +Author: Albert G. Mackey + +Release Date: April 28, 2004 [EBook #12186] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE PRINCIPLES OF MASONIC LAW *** + + + + +Produced by Distributed Proofreaders + + + + +THE PRINCIPLES OF MASONIC LAW: + +A Treatise on the Constitutional Laws, Usages And Landmarks of +Freemasonry, + +By + +Albert G. Mackey, M.D., + +Author of + +"The Lexicon of Freemasonry," "The Mystic Tie," "Legends and Traditions of +Freemasonry," Etc., Etc., + +Grand Lecturer and Grand Secretary of The Grand Lodge of South Carolina; +Secretary General of the Supreme Council of the Ancient and Accepted Rite +for the Southern Jurisdiction of the United States, Etc., Etc., Etc. + + "Est enim unum jus, quo devincta est hominum societas, quod lex + constituit una; quć lex est recta ratio imperandi atque prohibendi, + quam qui ignorat is est injustus." + + Cicero de Legibus. c. XV. + +New York: +Jno. W. Leonard & Co., Masonic Publishers, +383 Broadway. + +1856. + + + +Entered, according to Act of Congress, in the year 1855, by Jno. W. +Leonard & Co., + +In the Clerk's Office of the District Court of the United States for the +Southern District of New York. + + + + +To + +Brother J.J.J. Gourgas, + +Sovereign Grand Inspector General in the Supreme Council for the Northern +Jurisdiction of the United States, + +I Dedicate This Work, + +As a Slight Testimonial of My Friendship and Esteem for Him +As a Man, +And of My Profound Veneration for His Character +As a Mason; +Whose Long and Useful Life Has Been Well Spent in the +Laborious Prosecution of the Science, +And the Unremitting Conservation of the Principles of Our +Sublime Institution. + + + +Table of Contents + + + +Preface +Introduction + + +Book First. The Law of Grand Lodges. + +Chapter I. Historical Sketch. +Chapter II. Of the Mode of Organizing Grand Lodges. +Chapter III. Of the Members of a Grand Lodge. +Chapter IV. Of the Officers of a Grand Lodge. + Section I. Of the Grand Master. + Section II. The Deputy Grand Master. + Section III. Of the Grand Wardens. + Section IV. Of the Grand Treasurer. + Section V. Of the Grand Secretary. + Section VI. Of the Grand Chaplain. + Section VII. Of the Grand Deacons. + Section VIII. Of the Grand Marshal. + Section IX. Of the Grand Stewards. + Section X. Of the Grand Sword-Bearer. + Section XI. Of the Grand Tiler. +Chapter V. Of the Powers and Prerogatives of a Grand Lodge. + Section I. General View. + Section II. Of the Legislative Power of a Grand Lodge. + Section III. Of the Judicial Power of a Grand Lodge. + Section IV. Of the Executive Power of a Grand Lodge. + + +Book Second. Laws of Subordinate Lodges. + +Chapter I. Of the Nature and Organization of Subordinate Lodges. +Chapter II. Of Lodges under Dispensation. +Chapter III. Of Lodges Working under a Warrant of Constitution. +Chapter IV. Of the Officers of a Subordinate Lodge. + Section I. Of the Officers in General. + Section II. Of the Worshipful Master. + Section III. Of the Wardens. + Section IV. Of the Treasurer. + Section V. Of the Secretary. + Section VI. Of the Deacons. + Section VII. Of the Stewards. + Section VIII. Of the Tiler. +Chapter V. Of Rules of Order. + Section I. Of the Order of Business. + Section II. Of Appeals from the Decision of the Chair. + Section III. Of the Mode of Taking the Question. + Section IV. Of Adjournments. + Section V. Of the Appointment of Committees. + Section VI. Of the Mode of Keeping the Minutes. + + +Book Third. The Law of Individuals. + +Chapter I. Of the Qualifications of Candidates. + Section I. Of the Moral Qualifications of Candidates. + Section II. Of the Physical Qualifications of Candidates. + Section III. Of the Intellectual Qualifications of Candidates. + Section IV. Of the Political Qualifications of Candidates. + Section V. Of the Petition of Candidates for Admission, and the + Action Thereon. + Section VI. Of Balloting for Candidates. + Section VII. Of the Reconsideration of the Ballot. + Section VIII. Of the Renewal of Applications by Rejected Candidates. + Section IX. Of the Necessary Probation and Due Proficiency of + Candidates before Advancement + Section X. Of Balloting for Candidates in each Degree. + Section XI. Of the Number to be Initiated at one Communication. + Section XII. Of Finishing the Candidates of one Lodge in another. + Section XIII. Of the Initiation of Non-residents. +Chapter II. Of the Rights of Entered Apprentices. +Chapter III. Of the Rights of Fellow Crafts. +Chapter IV. Of the Rights of Master Masons. + Section I. Of the Right of Membership. + Section II. Of the Right of Visit. + Section III. Of the Examination of Visitors. + Section IV. Of Vouching for a Brother. + Section V. Of the Right of Claiming Relief. + Section VI. Of the Right of Masonic Burial. +Chapter V. Of the Rights of Past Masters. +Chapter VI. Of Affiliation. +Chapter VII. Of Demitting. +Chapter VIII. Of Unaffiliated Masons. + + +Book Fourth. Of Masonic Crimes and Punishments. + +Chapter I. Of What Are Masonic Crimes. +Chapter II. Of Masonic Punishments. + Section I. Of Censure. + Section II. Of Reprimand. + Section III. Of Exclusion from the Lodge. + Section IV. Of Definite Suspension. + Section V. Of Indefinite Suspension. + Section VI. Of Expulsion. +Chapter III. Of Masonic Trials. + Section I. Of the Form of Trial. + Section II. Of the Evidence in Masonic Trials. +Chapter IV. Of the Penal Jurisdiction of a Lodge. +Chapter V. Of Appeals. +Chapter VI. Of Restoration. + + +Index. +Footnotes. + + + + +Preface. + + + +In presenting to the fraternity a work on the Principles of Masonic Law, +it is due to those for whom it is intended, that something should be said +of the design with which it has been written, and of the plan on which it +has been composed. It is not pretended to present to the craft an +encyclopedia of jurisprudence, in which every question that can possibly +arise, in the transactions of a Lodge, is decided with an especial +reference to its particular circumstances. Were the accomplishment of such +an herculean task possible, except after years of intense and unremitting +labor, the unwieldy size of the book produced, and the heterogeneous +nature of its contents, so far from inviting, would rather tend to +distract attention, and the object of communicating a knowledge of the +Principles of Masonic Law, would be lost in the tedious collation of +precedents, arranged without scientific system, and enunciated without +explanation. + +When I first contemplated the composition of a work on this subject, a +distinguished friend and Brother, whose opinion I much respect, and with +whose advice I am always anxious to comply, unless for the most +satisfactory reasons, suggested the expediency of collecting the decisions +of all Grand Masters, Grand Lodges, and other masonic authorities upon +every subject of Masonic Law, and of presenting them, without commentary, +to the fraternity. + +But a brief examination of this method, led me to perceive that I would be +thus constructing simply a digest of decrees, many of which would probably +be the results of inexperience, of prejudice, or of erroneous views of the +masonic system, and from which the authors themselves have, in repeated +instances, subsequently receded--for Grand Masters and Grand Lodges, +although entitled to great respect, are not infallible--and I could not, +conscientiously, have consented to assist, without any qualifying remark, +in the extension and perpetuation of edicts and opinions, which, however +high the authority from which they emanated, I did not believe to be in +accordance with the principles of Masonic jurisprudence. + +Another inconvenience which would have attended the adoption of such a +method is, that the decisions of different Grand Lodges and Grand Masters +are sometimes entirely contradictory on the same points of Masonic Law. +The decree of one jurisdiction, on any particular question, will often be +found at variance with that of another, while a third will differ from +both. The consultor of a work, embracing within its pages such distracting +judgments, unexplained by commentary, would be in doubt as to which +decision he should adopt, so that coming to the inspection with the desire +of solving a legal question, he would be constrained to close the volume, +in utter despair of extracting truth or information from so confused a +mass of contradictions. + +This plan I therefore at once abandoned. But knowing that the +jurisprudence of Masonry is founded, like all legal science, on abstract +principles, which govern and control its entire system, I deemed it to be +a better course to present these principles to my readers in an elementary +and methodical treatise, and to develop from them those necessary +deductions which reason and common sense would justify. + +Hence it is that I have presumed to call this work "The Principles of +Masonic Law." It is not a code of enactments, nor a collection of +statutes, nor yet a digest of opinions; but simply an elementary treatise, +intended to enable every one who consults it, with competent judgment, and +ordinary intelligence, to trace for himself the bearings of the law upon +any question which he seeks to investigate, and to form, for himself, a +correct opinion upon the merits of any particular case. + +Blackstone, whose method of teaching I have endeavored, although I confess +"ab longo inter-vallo," to pursue, in speaking of what an academical +expounder of the law should do, says: + +"He should consider his course as a general map of the law, marking out +the shape of the country, its connections, and boundaries, its greater +divisions, and principal cities; it is not his business to describe +minutely the subordinate limits, or to fix the longitude and latitude of +every inconsiderable hamlet." + +Such has been the rule that has governed me in the compilation of this +work. But in delineating this "general map" of the Masonic Law, I have +sought, if I may continue the metaphor, so to define boundaries, and to +describe countries, as to give the inspector no difficulty in "locating" +(to use an Americanism) any subordinate point. I have treated, it is true, +of principles, but I have not altogether lost sight of cases. + +There are certain fundamental laws of the Institution, concerning which +there never has been any dispute, and which have come down to us with all +the sanctions of antiquity, and universal acceptation. In announcing +these, I have not always thought it necessary to defend their justice, or +to assign a reason for their enactment. + +The weight of unanimous authority has, in these instances, been deemed +sufficient to entitle them to respect, and to obedience. + +But on all other questions, where authority is divided, or where doubts of +the correctness of my decision might arise, I have endeavored, by a course +of argument as satisfactory as I could command, to assign a reason for my +opinions, and to defend and enforce my views, by a reference to the +general principles of jurisprudence, and the peculiar character of the +masonic system. I ask, and should receive no deference to my own +unsupported theories--as a man, I am, of course, fallible--and may often +have decided erroneously. But I do claim for my arguments all the weight +and influence of which they may be deemed worthy, after an attentive and +unprejudiced examination. To those who may at first be ready--because I do +not agree with all their preconceived opinions--to doubt or deny my +conclusions, I would say, in the language of Themistocles, "Strike, but +hear me." + +Whatever may be the verdict passed upon my labors by my Brethren, I trust +that some clemency will be extended to the errors into which I may have +fallen, for the sake of the object which I have had in view: that, namely, +of presenting to the Craft an elementary work, that might enable every +Mason to know his rights, and to learn his duties. + +The intention was, undoubtedly, a good one. How it has been executed, it +is not for me, but for the masonic public to determine. + +Albert G. Mackey. + +Charleston, S.C., January 1st., 1856. + + + + +Introduction. + +The Authorities for Masonic Law. + + + +The laws which govern the institution of Freemasonry are of two kinds, +_unwritten_ and _written,_ and may in a manner be compared with the "lex +non scripta," or common law, and the "lex seripta," or statute law of +English and American jurists. + +The "lex non scripta," or _unwritten law_ of Freemasonry is derived from +the traditions, usages and customs of the fraternity as they have existed +from the remotest antiquity, and as they are universally admitted by the +general consent of the members of the Order. In fact, we may apply to +these unwritten laws of Masonry the definition given by Blackstone of the +"leges non scriptć" of the English constitution--that "their original +institution and authority are not set down in writing, as acts of +parliament are, but they receive their binding power, and the force of +laws, by long and immemorial usage and by their universal reception +throughout the kingdom." When, in the course of this work, I refer to +these unwritten laws as authority upon any point, I shall do so under the +appropriate designation of "ancient usage." + +The "lex scripta," or written law of Masonry, is derived from a variety of +sources, and was framed at different periods. The following documents I +deem of sufficient authority to substantiate any principle, or to +determine any disputed question in masonic law. + +1. The "Ancient Masonic charges, from a manuscript of the Lodge of +Antiquity," and said to have been written in the reign of James II.[1] + +2. The regulations adopted at the General Assembly held in 1663, of which +the Earl of St. Albans was Grand Master.[2] + +3. The interrogatories propounded to the Master of a lodge at the time of +his installation, and which, from their universal adoption, without +alteration, by the whole fraternity, are undoubtedly to be considered as +a part of the fundamental law of Masonry. + +4. "The Charges of a Freemason, extracted from the Ancient Records of +Lodges beyond sea, and of those in England, Scotland, and Ireland, for the +use of the Lodges in London," printed in the first edition of the Book of +Constitutions, and to be found from p. 49 to p. 56 of that work.[3] + +5. The thirty-nine "General Regulations," adopted "at the annual assembly +and feast held at Stationers' hall on St. John the Baptist's day, 1721," +and which were published in the first edition of the Book of +Constitutions, p. 58 to p. + +6. The subsequent regulations adopted at various annual communications by +the Grand Lodge of England, up to the year 1769, and published in +different editions of the Book of Constitutions. These, although not of +such paramount importance and universal acceptation as the Old Charges +and the Thirty-nine Regulations, are, nevertheless, of great value as the +means of settling many disputed questions, by showing what was the law and +usage of the fraternity at the times in which they were adopted. + +Soon after the publication of the edition of 1769 of the Book of +Constitutions, the Grand Lodges of America began to separate from their +English parent and to organize independent jurisdictions. From that +period, the regulations adopted by the Grand Lodge of England ceased to +have any binding efficacy over the craft in this country, while the laws +passed by the American Grand Lodges lost the character of general +regulations, and were invested only with local authority in their several +jurisdictions. + +Before concluding this introductory section, it may be deemed necessary +that something should be said of the "Ancient Landmarks of the Order," to +which reference is so often made. + +Various definitions have been given of the landmarks. Some suppose them to +be constituted of all the rules and regulations which were in existence +anterior to the revival of Masonry in 1717, and which were confirmed and +adopted by the Grand Lodge of England at that time. Others, more +stringent in their definition, restrict them to the modes of recognition +in use among the fraternity. I am disposed to adopt a middle course, and +to define the Landmarks of Masonry to be, all those usages and customs of +the craft--whether ritual or legislative--whether they relate to forms and +ceremonies, or to the organization of the society--which have existed from +time immemorial, and the alteration or abolition of which would materially +affect the distinctive character of the institution or destroy its +identity. Thus, for example, among the legislative landmarks, I would +enumerate the office of Grand Master as the presiding officer over the +craft, and among the ritual landmarks, the legend of the third degree. But +the laws, enacted from time to time by Grand Lodges for their local +government, no matter how old they may be, do not constitute landmarks, +and may, at any time, be altered or expunged, since the 39th regulation +declares expressly that "every annual Grand Lodge has an inherent power +and authority to make new regulations or to alter these (viz., the +thirty-nine articles) for the real benefit of this ancient fraternity, +provided always that the old landmarks be carefully preserved." + + + + + +Book First + +The Law of Grand Lodges. + + + +It is proposed in this Book, first to present the reader with a brief +historical sketch of the rise and progress of the system of Grand Lodges; +and then to explain, in the subsequent sections, the mode in which such +bodies are originally organized, who constitute their officers and +members, and what are their acknowledged prerogatives. + + + + +Chapter I. + +Historical Sketch. + + +Grand Lodges under their present organization, are, in respect to the +antiquity of the Order, of a comparatively modern date. We hear of no such +bodies in the earlier ages of the institution. Tradition informs us, that +originally it was governed by the despotic authority of a few chiefs. At +the building of the temple, we have reason to believe that King Solomon +exercised an unlimited and irresponsible control over the craft, although +a tradition (not, however, of undoubted authority) says that he was +assisted in his government by the counsel of twelve superintendants, +selected from the twelve tribes of Israel. But we know too little, from +authentic materials, of the precise system adopted at that remote period, +to enable us to make any historical deductions on the subject. + +The first historical notice that we have of the formation of a supreme +controlling body of the fraternity, is in the "Gothic Constitutions"[4] +which assert that, in the year 287, St. Alban, the protomartyr of England, +who was a zealous patron of the craft, obtained from Carausius, the +British Emperor, "a charter for the Masons to hold a general council, and +gave it the name of assembly." The record further states, that St. Alban +attended the meeting and assisted in making Masons, giving them "good +charges and regulations." We know not, however, whether this assembly ever +met again; and if it did, for how many years it continued to exist. The +subsequent history of Freemasonry is entirely silent on the subject. + +The next general assemblage of the craft, of which the records of +Freemasonry inform us, was that convened in 926, at the city of York, in +England, by Prince Edwin, the brother of King Athelstane, and the grandson +of Alfred the Great. This, we say, was the next general assemblage, +because the Ashmole manuscript, which was destroyed at the revival of +Freemasonry in 1717, is said to have stated that, at that time, the Prince +obtained from his brother, the king, a permission for the craft "to hold a +yearly communication and a general assembly." The fact that such a power +of meeting was then granted, is conclusive that it did not before exist: +and would seem to prove that the assemblies of the craft, authorised by +the charter of Carausius, had long since ceased to be held. This yearly +communication did not, however, constitute, at least in the sense we now +understand it, a Grand Lodge. The name given to it was that of the +"General Assembly of Masons." It was not restricted, as now, to the +Masters and Wardens of the subordinate lodges, acting in the capacity of +delegates or representatives, but was composed, as Preston has observed, +of as many of the fraternity at large as, being within a convenient +distance, could attend once or twice a year, under the auspices of one +general head, who was elected and installed at one of these meetings, and +who, for the time being, received homage as the governor of the whole +body. Any Brethren who were competent to discharge the duty, were allowed, +by the regulations of the Order, to open and hold lodges at their +discretion, at such times and places as were most convenient to them, and +without the necessity of what we now call a Warrant of Constitution, and +then and there to initiate members into the Order.[5] To the General +Assembly, however, all the craft, without distinction, were permitted to +repair; each Mason present was entitled to take part in the deliberations, +and the rules and regulations enacted were the result of the votes of the +whole body. The General Assembly was, in fact, precisely similar to those +political congregations which, in our modern phraseology, we term "mass +meetings." + +These annual mass meetings or General Assemblies continued to be held, for +many centuries after their first establishment, at the city of York, and +were, during all that period, the supreme judicatory of the fraternity. +There are frequent references to the annual assemblies of Freemasons in +public documents. The preamble to an act passed in 1425, during the reign +of Henry VI., just five centuries after the meeting at York, states that, +"by the _yearly congregations_ and confederacies made by the Masons in +their _general assemblies, _ the good course and effect of the statute of +laborers were openly violated and broken." This act which forbade such +meetings, was, however, never put in force; for an old record, quoted in +the Book of Constitutions, speaks of the Brotherhood having frequented +this "mutual assembly," in 1434, in the reign of the same king. We have +another record of the General Assembly, which was held in York on the 27th +December, 1561, when Queen Elizabeth, who was suspicious of their secrecy, +sent an armed force to dissolve the meeting. A copy is still preserved of +the regulations which were adopted by a similar assembly held in 1663, on +the festival of St. John the Evangelist; and in these regulations it is +declared that the private lodges shall give an account of all their +acceptations made during the year to the General Assembly. Another +regulation, however, adopted at the same time, still more explicitly +acknowledges the existence of a General Assembly as the governing body of +the fraternity. It is there provided, "that for the future, the said +fraternity of Freemasons shall be regulated and governed by one Grand +Master and as many Wardens as the said society shall think fit to appoint +at every Annual General Assembly." + +And thus the interests of the institution continued, until the beginning +of the eighteenth century, or for nearly eight hundred years, to be +entrusted to those General Assemblies of the fraternity, who, without +distinction of rank or office, annually met at York to legislate for the +government of the craft. + +But in 1717, a new organization of the governing head was adopted, which +gave birth to the establishment of a Grand Lodge, in the form in which +these bodies now exist. So important a period in the history of Masonry +demands our special attention. + +After the death, in 1702, of King William, who was himself a Mason, and a +great patron of the craft, the institution began to languish, the lodges +decreased in number, and the General Assembly was entirely neglected for +many years. A few old lodges continued, it is true, to meet regularly, but +they consisted of only a few members. + +At length, on the accession of George I., the Masons of London and its +vicinity determined to revive the annual communications of the society. +There were at that time only four lodges in the south of England, and the +members of these, with several old Brethren, met in February, 1717, at the +Apple Tree Tavern, in Charles street, Covent Garden, and organized by +putting the oldest Master Mason, who was the Master of a lodge, in the +chair; they then constituted themselves into what Anderson calls, "a Grand +Lodge _pro tempore;"_ resolved to hold the annual assembly and feast, and +then to choose a Grand Master. + +Accordingly, on the 24th of June, 1717, the assembly and feast were held; +and the oldest Master of a lodge being in the chair, a list of candidates +was presented, out of which Mr. Anthony Sayer was elected Grand Master, +and Capt. Joseph Elliott and Mr. Jacob Lamball, Grand Wardens. + +The Grand Master then commanded the Masters and Wardens of lodges to meet +the Grand Officers every quarter, in communication, at the place he should +appoint in his summons sent by the Tiler. + +This was, then, undoubtedly, the commencement of that organization of the +Masters and Wardens of lodges into a Grand Lodge, which has ever since +continued to exist. + +The fraternity at large, however, still continued to claim the right of +being present at the annual assembly; and, in fact, at that meeting, their +punctual attendance at the next annual assembly and feast was recommended. + +At the same meeting, it was resolved "that the privilege of assembling as +Masons, which had been hitherto unlimited, should be vested in certain +lodges or assemblies of Masons convened in certain places; and that every +lodge to be hereafter convened, except the four old lodges at this time +existing, should be legally authorized to act by a warrant from the Grand +Master for the time being, granted to certain individuals by petition, +with the consent and approbation of the Grand Lodge in communication; and +that, without such warrant, no lodge should be hereafter deemed regular or +constitutional." + +In consequence of this regulation, several new lodges received Warrants of +Constitution, and their Masters and Wardens were ordered to attend the +communications of the Grand Lodge. The Brethren at large vested all their +privileges in the four old lodges, in trust that they would never suffer +the old charges and landmarks to be infringed; and the old lodges, in +return, agreed that the Masters and Wardens of every new lodge that might +be constituted, should be permitted to share with them all the privileges +of the Grand Lodge, except precedence of rank. The Brethren, says Preston, +considered their further attendance at the meetings of the society +unnecessary after these regulations were adopted; and therefore trusted +implicitly to their Masters and Wardens for the government of the craft; +and thenceforward the Grand Lodge has been composed of all the Masters and +Wardens of the subordinate lodges which constitute the jurisdiction. + +The ancient right of the craft, however, to take a part in the proceedings +of the Grand Lodge or Annual Assembly, was fully acknowledged by a new +regulation, adopted about the same time, in which it is declared that all +alterations of the Constitutions must be proposed and agreed to, at the +third quarterly communication preceding the annual feast, and be offered +also to the perusal of _all_ the Brethren before dinner, _even of the +youngest Entered Apprentice_[6] + +This regulation has, however, (I know not by what right,) become obsolete, +and the Annual Assembly of Masons has long ceased to be held; the Grand +Lodges having, since the beginning of the eighteenth century, assumed the +form and organization which they still preserve, as strictly +representative bodies. + + + + +Chapter II. + +Of the Mode of Organizing Grand Lodges. + + + +The topic to be discussed in this section is, the answer to the question, +How shall a Grand Lodge be established in any state or country where such +a body has not previously existed, but where there are subordinate lodges +working under Warrants derived from Grand Lodges in other states? In +answering this question, it seems proper that I should advert to the +course pursued by the original Grand Lodge of England, at its +establishment in 1717, as from that body nearly all the Grand Lodges of +the York rite now in existence derive their authority, either directly or +indirectly, and the mode of its organization has, therefore, universally +been admitted to have been regular and legitimate. + +In the first place, it is essentially requisite that the active existence +of subordinate lodges in a state should precede the formation of a Grand +Lodge; for the former are the only legitimate sources of the latter. A +mass meeting of Masons cannot assemble and organize a Grand Lodge. A +certain number of lodges, holding legal warrants from a Grand Lodge or +from different Grand Lodges, must meet by their representatives and +proceed to the formation of a Grand Lodge. When that process has been +accomplished, the subordinate lodges return the warrants, under which they +had theretofore worked, to the Grand Lodges from which they had originally +received them, and take new ones from the body which they have formed. + +That a mass meeting of the fraternity of any state is incompetent to +organize a Grand Lodge has been definitively settled--not only by general +usage, but by the express action of the Grand Lodges of the United States +which refused to recognize, in 1842, the Grand Lodge of Michigan which had +been thus irregularly established in the preceding year. That unrecognized +body was then dissolved by the Brethren of Michigan, who proceeded to +establish four subordinate lodges under Warrants granted by the Grand +Lodge of New York. These four lodges subsequently met in convention and +organized the present Grand Lodge of Michigan in a regular manner. + +It seems, however, to have been settled in the case of Vermont, that where +a Grand Lodge has been dormant for many years, and all of its subordinates +extinct, yet if any of the Grand Officers, last elected, survive and are +present, they may revive the Grand Lodge and proceed constitutionally to +the exercise of its prerogatives. + +The next inquiry is, as to the number of lodges required to organize a new +Grand Lodge. Dalcho says that _five_ lodges are necessary; and in this +opinion he is supported by the Ahiman Rezon of Pennsylvania, published in +1783 by William Smith, D.D., at that time the Grand Secretary of that +jurisdiction, and also by some other authorities. But no such regulation +is to be found in the Book of Constitutions, which is now admitted to +contain the fundamental law of the institution. Indeed, its adoption would +have been a condemnation of the legality of the Mother Grand Lodge of +England, which was formed in 1717 by the union of only _four_ lodges. The +rule, however, is to be found in the Ahiman Rezon of Laurence Dermott, +which was adopted by the "Grand Lodge of Ancient Freemasons," that seceded +from the lawful Grand Lodge in 1738. But as that body was undoubtedly, +under our present views of masonic law, schismatic and illegal, its +regulations have never been considered by masonic writers as being +possessed of any authority. + +In the absence of any written law upon the subject, we are compelled to +look to precedent for authority; and, although the Grand Lodges in the +United States have seldom been established with a representation of less +than four lodges, the fact that that of Texas was organized in 1837 by the +representatives of only _three_ lodges, and that the Grand Lodge thus +instituted was at once recognized as legal and regular by all its sister +Grand Lodges, seems to settle the question that three subordinates are +sufficient to institute a Grand Lodge. + +Three lodges, therefore, in any territory where a Grand Lodge does not +already exist, may unite in convention and organize a Grand Lodge. It will +then be necessary, that these lodges should surrender the warrants under +which they had been previously working, and take out new warrants from the +Grand Lodge which they have constituted; and, from that time forth, all +masonic authority is vested in the Grand Lodge thus formed. + +The Grand Lodge having been thus constituted, the next inquiries that +suggest themselves are as to its members and its officers, each of which +questions will occupy a distinct discussion. + + + + +Chapter III. + +Of the Members of a Grand Lodge. + + + +It is an indisputable fact that the "General Assembly" which met at York +in 926 was composed of all the members of the fraternity who chose to +repair to it; and it is equally certain that, at the first Grand Lodge, +held in 1717, after the revival of Masonry, all the craft who were present +exercised the right of membership in voting for Grand Officers,[7] and +must, therefore, have been considered members of the Grand Lodge. The +right does not, however, appear to have been afterwards claimed. At this +very assembly, the Grand Master who had been elected, summoned only the +Master and Wardens of the lodges to meet him in the quarterly +communications; and Preston distinctly states, that soon after, the +Brethren of the four old lodges, which had constituted the Grand Lodge, +considered their attendance on the future communications of the society +unnecessary, and therefore concurred with the lodges which had been +subsequently warranted in delegating the power of representation to their +Masters and Wardens, "resting satisfied that no measure of importance +would be adopted without their approbation." + +Any doubts upon the subject were, however, soon put at rest by the +enactment of a positive law. In 1721, thirty-nine articles for the future +government of the craft were approved and confirmed, the twelfth of which +was in the following words: + +"The Grand Lodge consists of, and is formed by, the Masters and Wardens of +all the regular particular lodges upon record, with the Grand Master at +their head, and his Deputy on his left hand, and the Grand Wardens in +their proper places." + +From time to time, the number of these constituents of a Grand Lodge were +increased by the extension of the qualifications for membership. Thus, in +1724, Past Grand Masters, and in 1725, Past Deputy Grand Masters, were +admitted as members of the Grand Lodge. Finally it was decreed that the +Grand Lodge should consist of the four present and all past grand +officers; the Grand Treasurer, Secretary, and Sword-Bearer; the Master, +Wardens, and nine assistants of the Grand Stewards' lodge, and the Masters +and Wardens of all the regular lodges. + +Past Masters were not at first admitted as members of the Grand Lodge. +There is no recognition of them in the old Constitutions. Walworth thinks +it must have been after 1772 that they were introduced.[8] I have extended +my researches to some years beyond that period, without any success in +finding their recognition as members under the Constitution of England. It +is true that, in 1772, Dermott prefixed a note to his edition of the +Ahiman Rezon, in which he asserts that "Past Masters of warranted lodges +on record are allowed this privilege (of membership) whilst they continue +to be members of any regular lodge." And it is, doubtless, on this +imperfect authority, that the Grand Lodges of America began at so early a +period to admit their Past Masters to seats in the Grand Lodge. In the +authorized Book of Constitutions, we find no such provision. Indeed, +Preston records that in 1808, at the laying of the foundation-stone of the +Covent Garden Theatre, by the Prince of Wales, as Grand Master, "the Grand +Lodge was opened by Charles Marsh, Esq., attended by the _Masters and +Wardens_ of all the regular lodges;" and, throughout the description of +the ceremonies, no notice is taken of Past Masters as forming any part of +the Grand Lodge. The first notice that we have been enabled to obtain of +Past Masters, as forming any part of the Grand Lodge of England, is in the +"Articles of Union between the two Grand Lodges of England," adopted in +1813, which declare that the Grand Lodge shall consist of the Grand and +Past Grand Officers, of the actual Masters and Wardens of all the +warranted lodges, and of the "Past Masters of Lodges who have regularly +served and passed the chair before the day of Union, and who continued, +without secession, regular contributing members of a warranted lodge." But +it is provided, that after the decease of all these ancient Past Masters, +the representation of every lodge shall consist of its Master and Wardens, +and one Past Master only. There is, I presume, no doubt that, from 1772, +Past Masters had held a seat in the Athol Grand Lodge of Ancient Masons, +and that they did not in the original Grand Lodge, is, I believe, a fact +equally indisputable. By the present constitutions of the United Grand +Lodge of England, Past Masters are members of the Grand Lodge, while they +continue subscribing members of a private lodge. In some of the Grand +Lodges of the United States, Past Masters have been permitted to retain +their membership, while in others, they have been disfranchised. + +On the whole, the result of this inquiry seems to be, that Past Masters +have no inherent right, derived from the ancient landmarks, to a seat in +the Grand Lodge; but as every Grand Lodge has the power, within certain +limits, to make regulations for its own government, it may or may not +admit them to membership, according to its own notion of expediency. + +Some of the Grand Lodges have not only disfranchised Past Masters but +Wardens also, and restricted membership only to acting Masters. This +innovation has arisen from the fact that the payment of mileage and +expenses to three representative would entail a heavy burden on the +revenue of the Grand Lodge. The reason may have been imperative; but in +the practice, pecuniary expediency has been made to override an ancient +usage. + +In determining, then, who are the constitutional members of a Grand Lodge, +deriving their membership from inherent right, I should say that they are +the Masters and Wardens of all regular lodges in the jurisdiction, with +the Grand Officers chosen by them. All others, who by local regulations +are made members, are so only by courtesy, and not by prescription or +ancient law. + + + + +Chapter IV. + +Of the Officers of a Grand Lodge. + + + +The officers of a Grand Lodge may be divided into two classes, _essential_ +and _accidental_, or, as they are more usually called, _Grand_ and +_Subordinate_. The former of these classes are, as the name imports, +essential to the composition of a Grand Lodge, and are to be found in +every jurisdiction, having existed from the earliest times. They are the +Grand and Deputy Grand Masters, the Grand Wardens, Grand Treasurer, and +Grand Secretary. The Grand Chaplain is also enumerated among the Grand +Officers, but the office is of comparatively modern date. + +The subordinate officers of a Grand Lodge consist of the Deacons, Marshal, +Pursuivant, or Sword-Bearer, Stewards, and others, whose titles and duties +vary in different jurisdictions. I shall devote a separate section to the +consideration of the duties of each and prerogatives of these officers. + + + +Section I. + +_Of the Grand Master._ + + +The office of Grand Master of Masons has existed from the very origin of +the institution; for it has always been necessary that the fraternity +should have a presiding head. There have been periods in the history of +the institution when neither Deputies nor Grand Wardens are mentioned, but +there is no time in its existence when it was without a Grand Master; and +hence Preston, while speaking of that remote era in which the fraternity +was governed by a General Assembly, says that this General Assembly or +Grand Lodge "was not then restricted, as it is now understood to be, to +the Masters and Wardens of private lodges, with the Grand Master and his +Wardens at their head; it consisted of as many of the Fraternity _at +large_ as, being within a convenient distance, could attend, once or twice +in a year, under the auspices of one general head, who was elected and +installed at one of these meetings; and who for the time being received +homage as the sole governor of the whole body."[9] The office is one of +great honour as well as power, and has generally been conferred upon some +individual distinguished by an influential position in society; so that +his rank and character might reflect credit upon the craft.[10] + +The Grand Mastership is an elective office, the election being annual and +accompanied with impressive ceremonies of proclamation and homage made to +him by the whole craft. Uniform usage, as well as the explicit declaration +of the General Regulations,[11] seems to require that he should be +installed by the last Grand Master. But in his absence the Deputy or some +Past Grand Master may exercise the functions of installation or +investiture. In the organization of a new Grand Lodge, ancient precedent +and the necessity of the thing will authorize the performance of the +installation by the Master of the oldest lodge present, who, however, +exercises, _pro hac vice_, the prerogatives and assumes the place of a +Grand Master. + +The Grand Master possesses a great variety of prerogatives, some of which +are derived from the "lex non scripta," or ancient usage; and others from +the written or statute law of Masonry.[12] + +I. He has the right to convene the Grand Lodge whenever he pleases, and to +preside over its deliberation. In the decision of all questions by the +Grand Lodge he is entitled to two votes. This is a privilege secured to +him by Article XII. of the General Regulations. + +It seems now to be settled, by ancient usage as well as the expressed +opinion of the generality of Grand Lodges and of masonic writers, that +there is no appeal from his decision. In June, 1849, the Grand Master of +New York, Bro. Williard, declared an appeal to be out of order and refused +to submit it to the Grand Lodge. The proceedings on that eventful occasion +have been freely discussed by the Grand Lodges of the United States, and +none of them have condemned the act of the Grand Master, while several +have sustained it in express terms. "An appeal," say the Committee of +Correspondence of Maryland, "from the decision of the Grand Master is an +anomaly at war with every principle of Freemasonry, and as such, not for +a moment to be tolerated or countenanced."[13] This opinion is also +sustained by the Committee of the Grand Lodge of Florida in the year 1851, +and at various times by other Grand Lodges. On the other hand, several +Grand Lodges have made decisions adverse to this prerogative, and the +present regulations of the Grand Lodge of England seem, by a fair +interpretation of their phraseology, to admit of an appeal from the Grand +Master. Still the general opinion of the craft in this country appears to +sustain the doctrine, that no appeal can be made from the decision of that +officer. And this doctrine has derived much support in the way of analogy +from the report adopted by the General Grand Chapter of the United States, +declaring that no appeal could lie from the decision of the presiding +officer of any Royal Arch body. + +Since we have enunciated this doctrine as masonic law, the question next +arises, in what manner shall the Grand Master be punished, should he abuse +his great prerogative? The answer to this question admits of no doubt. It +is to be found in a regulation, adopted in 1721, by the Grand Lodge of +England, and is in these words:--"If the Grand Master should abuse his +great power, and render himself unworthy of the obedience and submission +of the Lodges, he shall be treated in a way and manner to be agreed upon +in a new regulation." But the same series of regulations very explicitly +prescribe, how this new regulation is to be made; namely, it is to be +"proposed and agreed to at the third quarterly communication preceding the +annual Grand Feast, and offered to the perusal of all the Brethren before +dinner, in writing, even of the youngest entered apprentice; the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory."[14] This +mode of making a new regulation is explicitly and positively +prescribed--it can be done in no other way--and those who accept the old +regulations as the law of Masonry, must accept this provision with them. +This will, in the present organization of many Grand Lodges, render it +almost impracticable to make such a new regulation, in which case the +Grand Master must remain exempt from other punishment for his misdeeds, +than that which arises from his own conscience, and the loss of his +Brethren's regard and esteem. + +II. The power of granting dispensations is one of the most important +prerogatives of the Grand Master. A dispensation may be defined to be an +exemption from the observance of some law or the performance of some duty. +In Masonry, no one has the authority to grant this exemption, except the +Grand Master; and, although the exercise of it is limited within the +observance of the ancient landmarks, the operation of the prerogative is +still very extensive. The dispensing power may be exercised under the +following circumstances: + +1. The fourth old Regulation prescribes that "no lodge shall make more +than five new Brothers at one and the same time without an urgent +necessity."[15] But of this necessity the Grand Master may judge, and, on +good and sufficient reason being shown, he may grant a dispensation +enabling any lodge to suspend this regulation and make more than five new +Brothers. + +2. The next regulation prescribes "that no one can be accepted a member of +a particular lodge without previous notice, one month before given to the +lodge, in order to make due inquiry into the reputation and capacity of +the candidate." But here, also, it is held that, in a suitable case of +emergency, the Grand Master may exercise his prerogative and dispense with +this probation of one month, permitting the candidate to be made on the +night of his application. + +3. If a lodge should have omitted for any causes to elect its officers or +any of them on the constitutional night of election, or if any officer so +elected shall have died, been deposed or removed from the jurisdiction +subsequent to his election, the Grand Master may issue a dispensation +empowering the lodge to proceed to an election or to fill the vacancy at +any other specified communication; but he cannot grant a dispensation to +elect a new master in consequence of the death or removal of the old one, +while the two Wardens or either of them remain--because the Wardens +succeed by inherent right and in order of seniority to the vacant +mastership. And, indeed, it is held that while one of the three officers +remains, no election can be held, even by dispensation, to fill the other +two places, though vacancies in them may have occurred by death or +removal. + +4. The Grand Master may grant a dispensation empowering a lodge to elect +a Master from among the members on the floor; but this must be done only +when every Past Master, Warden, and Past Warden of the lodge has refused +to serve,[16] because ordinarily a requisite qualification for the +Mastership is, that the candidate shall, previously, have served in the +office of Warden. + +5. In the year 1723 a regulation was adopted, prescribing "that no Brother +should belong to more than one lodge within the bills of mortality." +Interpreting the last expression to mean three miles--which is now +supposed to be the geographical limit of a lodge's jurisdiction, this +regulation may still be considered as a part of the law of Masonry; but in +some Grand Lodges, as that of South Carolina, for instance, the Grand +Master will sometimes exercise his prerogative, and, dispensing with this +regulation, permit a Brother to belong to two lodges, although they may be +within three miles of each other. + +6. But the most important power of the Grand Master connected with his +dispensing prerogative is, that of constituting new lodges. It has +already been remarked that, anciently, a warrant was not required for the +formation of a lodge, but that a sufficient number of Masons, met together +within a certain limit, were empowered, with the consent of the sheriff or +chief magistrate of the place, to make Masons and practice the rites of +Masonry, without such warrant of Constitution. But, in the year 1717, it +was adopted as a regulation, that every lodge, to be thereafter convened, +should be authorised to act by a warrant from the Grand Master for the +time being, granted to certain persons by petition, with the consent and +approbation of the Grand Lodge in communication. Ever since that time, no +lodge has been considered as legally established, unless it has been +constituted by the authority of the Grand Master. In the English +Constitutions, the instrument thus empowering a lodge to meet, is called, +when granted by the Grand Master, a Warrant of Constitution. It is granted +by the Grand Master and not by the Grand Lodge. It appears to be a final +instrument, notwithstanding the provision enacted in 1717, requiring the +consent and approbation of the Grand Lodge; for in the Constitution of the +United Grand Lodge of England, there is no allusion whatever to this +consent and approbation. + +But in this country, the process is somewhat different, and the Grand +Master is deprived of a portion of his prerogative. Here, the instrument +granted by the Grand Master is called a Dispensation. The lodge receiving +it is not admitted into the register of lodges, nor is it considered as +possessing any of the rights and privileges of a lodge, except that of +making Masons, until a Warrant of Constitution is granted by the Grand +Lodge. The ancient prerogative of the Grand Master is, however, preserved +in the fact, that after a lodge has been thus warranted by the Grand +Lodge, the ceremony of constituting it, which embraces its consecration +and the installation of its officers, can only be performed by the Grand +Master in person, or by his special Deputy appointed for that purpose.[17] + +III. The third prerogative of the Grand Master is that of visitation. He +has a right to visit any lodge within his jurisdiction at such times as he +pleases, and when there to preside; and it is the duty of the Master to +offer him the chair and his gavel, which the Grand Master may decline or +accept at his pleasure. This prerogative admits of no question, as it is +distinctly declared in the first of the Thirty-nine Regulations, adopted +in 1721, in the following words:-- + +"The Grand Master or Deputy has full authority and right, not only to be +present, but to preside in every lodge, with the Master of the lodge on +his left hand, and to order his Grand Wardens to attend him, who are not +to act as Wardens of particular lodges, but in his presence and at his +command; for the Grand Master, while in a particular lodge, may command +the Wardens of that lodge, or any other Master Masons, to act as his +Wardens, _pro tempore_." + +But in a subsequent regulation it was provided, that as the Grand Master +cannot deprive the Grand Wardens of that office without the consent of the +Grand Lodge, he should appoint no other persons to act as Wardens in his +visitation to a private lodge, unless the Grand Wardens were absent. This +whole regulation is still in existence. + +The question has been lately mooted, whether, if the Grand Master declines +to preside, he does not thereby place himself in the position of a +private Brother, and become subject, as all the others present, to the +control of the Worshipful Master. I answer, that of course he becomes +subject to and must of necessity respect those rules of order and decorum +which are obligatory on all good men and Masons; but that he cannot, by +the exercise of an act of courtesy in declining to preside, divest himself +of his prerogative, which, moreover, he may at any time during the evening +assume, and demand the gavel. The Grand Master of Masons can, under no +circumstances, become subject to the decrees and orders of the Master of a +particular lodge. + +IV. Another prerogative of the Grand Master is that of appointment; which, +however, in this country, has been much diminished. According to the old +regulations, and the custom is still continued in the Constitutions of the +Grand Lodge of England, the Grand Master has the right of appointing his +Deputy and Wardens. In the United States, the office has been shorn of +this high prerogative, and these Officers are elected by the Grand Lodge. +The Deputy, however, is still appointed by the Grand Master, in some of +the States, as Massachusetts, North Carolina, Wisconsin, and Texas. The +appointment of the principal subordinate officers, is also given to the +Grand Master by the American Grand Lodges. + +V. The last and most extraordinary power of the Grand Master, is that of +_making Masons at sight_. + +The power to "make Masons at sight" is a technical term, which may be +defined to be the power to initiate, pass, and raise candidates by the +Grand Master, in a lodge of emergency, or as it is called in the Book of +Constitutions, "an occasional lodge," especially convened by him, and +consisting of such Master Masons as he may call together for that purpose +only--the lodge ceasing to exist as soon as the initiation, passing, or +raising, has been accomplished and the Brethren have been dismissed by the +Grand Master. + +Whether such a power is vested in the Grand Master, is a question that, +within the last few years, has been agitated with much warmth, by some of +the Grand Lodges of this country; but I am not aware that, until very +lately, the prerogative was ever disputed.[18] + +In the Book of Constitutions, however, several instances are furnished of +the exercise of this right by various Grand Masters. + +In 1731, Lord Lovel being Grand Master, he "formed an occasional lodge at +Houghton Hall, Sir Robert Walpole's House in Norfolk," and there made the +Duke of Lorraine, afterwards Emperor of Germany, and the Duke of +Newcastle, Master Masons.[19] + +I do not quote the case of the initiation, passing, and raising of +Frederick, Prince of Wales, in 1737, which was done in "an occasional +lodge," over which Dr. Desaguliers presided,[20] because as Desaguliers +was not the Grand Master, nor even, as has been incorrectly stated by the +New York Committee of Correspondence, Deputy Grand Master, but only a Past +Grand Master, it cannot be called _a making at sight_. He most probably +acted under the dispensation of the Grand Master, who at that time was the +Earl of Darnley. + +But in 1766, Lord Blaney, who was then Grand Master, convened "an +occasional lodge" and initiated, passed, and raised the Duke of +Gloucester.[21] + +Again in 1767, John Salter, the Deputy, then acting as Grand Master, +convened "an occasional lodge," and conferred the three degrees on the +Duke of Cumberland.[22] + +In 1787, the Prince of Wales was made a Mason "at an occasional lodge, +convened," says Preston, "for the purpose, at the Star and Garter, Pall +Mall, over which the Duke of Cumberland, (Grand Master) presided in +person."[23] + +But it is unnecessary to multiply instances of the right, exercised by +former Grand Masters, of congregating occasional lodges, and making Masons +at sight. It has been said, however, by the oppugners of this prerogative, +that these "occasional lodges" were only special communications of the +Grand Lodge, and the "makings" are thus supposed to have taken place under +the authority of that body, and not of the Grand Master. The facts, +however, do not sustain this position. Throughout the Book of +Constitutions, other meetings, whether regular or special, are distinctly +recorded as meetings of the Grand Lodge, while these "occasional lodges" +appear only to have been convened by the Grand Master, for the purpose of +making Masons. Besides, in many instances, the lodge was held at a +different place from that of the Grand Lodge, and the officers were not, +with the exception of the Grand Master, the officers of the Grand Lodge. +Thus the occasional lodge, which initiated the Duke of Lorraine, was held +at the residence of Sir Robert Walpole, in Norfolk, while the Grand Lodge +always met in London. In 1766, the Grand Lodge held its communications at +the Crown and Anchor; but the occasional lodge, which, in the same year, +conferred the degrees on the Duke of Gloucester, was convened at the Horn +Tavern. In the following year, the lodge which initiated the Duke of +Cumberland was convened at the Thatched House Tavern, the Grand Lodge +continuing to meet at the Crown and Anchor. + +This may be considered very conclusive evidence of the existence of the +prerogative of the Grand Master, which we are now discussing, but the +argument _ŕ fortiori_, drawn from his dispensing power, will tend to +confirm the doctrine. + +No one doubts or denies the power of the Grand Master to constitute new +lodges by dispensation. In 1741, the Grand Lodge of England forgot it for +a moment, and adopted a new regulation, that no new lodge should be +constituted until the consent of the Grand Lodge had been first obtained, +"But this order, afterwards appearing," says the Book of +Constitutions,[24] "to be an infringement on the prerogative of the Grand +Master, and to be attended with many inconveniences and with damage to the +craft, was repealed." + +It is, then, an undoubted prerogative of the Grand Master to constitute +lodges by dispensation, and in these lodges, so constituted, Masons may be +legally entered, passed, and raised. This is done every day. Seven Master +Masons, applying to the Grand Master, he grants them a dispensation, under +authority of which they proceed to open and hold a lodge, and to make +Masons. This lodge is, however, admitted to be the mere creature of the +Grand Master, for it is in his power, at any time, to revoke the +dispensation he had granted, and thus to dissolve the lodge. + +But, if the Grand Master has the power thus to enable others to confer the +degrees and make Masons by his individual authority out of his presence, +are we not permitted to argue _ŕ fortiori_ that he has also the right of +congregating seven Brethren and causing a Mason, to be made in his sight? +Can he delegate a power to others which he does not himself possess? And +is his calling together "an occasional lodge," and making, with the +assistance of the Brethren thus assembled, a Mason "at sight," that is to +say, in his presence, anything more or less than the exercise of his +dispensing power, for the establishment of a lodge under dispensation, for +a temporary period, and for a special purpose. The purpose having been +effected, and the Mason having been made, he revokes his dispensation, and +the lodge is dismissed. If we assumed any other ground than this, we +should be compelled to say, that though the Grand Master might authorise +others to make Masons, when he was absent, as in the usual case of lodges +under dispensation yet the instant that he attempted to convey the same +powers to be exercised in his presence, and under his personal +supervision, his authority would cease. This course of reasoning would +necessarily lead to a contradiction in terms, if not to an actual +absurdity. + +It is proper to state, in conclusion, that the views here set forth are +not entertained by the very able Committee of Foreign Correspondence of +the Grand Lodge of Florida, who only admit the power of the Grand Master +to make Masons in the Grand Lodge. On the other hand, the Grand Lodge of +Wisconsin, at its last communication, adopted a report, asserting "that +the Grand Master has the right to make Masons at sight, in cases which he +may deem proper"--and the Committee of Correspondence of New York +declares, that "since the time when the memory of man runneth not to the +contrary, Grand Masters have enjoyed the privilege of making Masons at +sight, without any preliminaries, and at any suitable time or place." + +The opinions of the two last quoted Grand Lodges embody the general +sentiment of the Craft on this subject.[25] But although the prerogative +is thus almost universally ceded to Grand Masters, there are many very +reasonable doubts as to the expediency of its exercise, except under +extraordinary circumstances of emergency. + +In England, the practice has generally been confined to the making of +Princes of the Royal Family, who, for reasons of state, were unwilling to +reduce themselves to the level of ordinary candidates and receive their +initiation publicly in a subordinate lodge. + +But in the exercise of this prerogative, the Grand Master cannot dispense +with any of the requisite forms of initiation, prescribed by the oral laws +of the Order. He cannot communicate the degrees, but must adhere to all +the established ceremonies--the conferring of degrees by "communication" +being a form unknown to the York rite. He must be assisted by the number +of Brethren necessary to open and hold a lodge. Due inquiry must be made +into the candidate's character, (though the Grand Master may, as in a case +of emergency, dispense with the usual probation of a month). He cannot +interfere with the business of a regular lodge, by making one whom it had +rejected, nor finishing one which it had commenced. Nor can he confer the +three degrees, at one and the same communication. In short, he must, in +making Masons at sight, conform to the ancient usages and landmarks of the +Order. + + + +Section II. + +_The Deputy Grand Master._ + + +The office of Deputy Grand Master is one of great dignity, but not of much +practical importance, except in case of the absence of the Grand Master, +when he assumes all the prerogatives of that officer. Neither is the +office, comparatively speaking, of a very ancient date. At the first +reorganization of the Grand Lodge in 1717, and for two or three years +afterwards, no Deputy was appointed, and it was not until 1721 that the +Duke of Montagu conferred the dignity on Dr. Beal. Originally the Deputy +was intended to relieve the Grand Master of all the burden and pressure of +business, and the 36th of the Regulations, adopted in 1721, states that "a +Deputy is said to have been always needful when the Grand Master was nobly +born," because it was considered as a derogation from the dignity of a +nobleman to enter upon the ordinary business of the craft. Hence we find, +among the General Regulations, one which sets forth this principle in the +following words: + +"The Grand Master should not receive any private intimations of business, +concerning Masons and Masonry, but from his Deputy first, except in such +cases as his worship can easily judge of; and if the application to the +Grand Master be irregular, his worship can order the Grand Wardens, or any +other so applying, to wait upon the Deputy, who is immediately to prepare +the business, and to lay it orderly before his worship." + +The Deputy Grand Master exercises, in the absence of the Grand Master, all +the prerogatives and performs all the duties of that officer. But he does +so, not by virtue of any new office that he has acquired by such absence, +but simply in the name of and as the representative of the Grand Master, +from whom alone he derives all his authority. Such is the doctrine +sustained in all the precedents recorded in the Book of Constitutions. + +In the presence of the Grand Master, the office of Deputy is merely one of +honour, without the necessity of performing any duties, and without the +power of exercising any prerogatives. + +There cannot be more than one Deputy Grand Master in a jurisdiction; so +that the appointment of a greater number, as is the case in some of the +States, is a manifest innovation on the ancient usages. District Deputy +Grand Masters, which officers are also a modern invention of this +country, seem to take the place in some degree of the Provincial Grand +Masters of England, but they are not invested with the same prerogatives. +The office is one of local origin, and its powers and duties are +prescribed by the local regulations of the Grand Lodge which may have +established it. + + + +Section III. + +_Of the Grand Wardens._ + + +The Senior and Junior Grand Wardens were originally appointed, like the +Deputy, by the Grand Master, and are still so appointed in England; but in +this country they are universally elected by the Grand Lodge. Their duties +do not materially differ from those performed by the corresponding +officers in a subordinate lodge. They accompany the Grand Master in his +visitations, and assume the stations of the Wardens of the lodge visited. + +According to the regulations of 1721, the Master of the oldest lodge +present was directed to take the chair of the Grand Lodge in the absence +of both the Grand Master and Deputy; but this was found to be an +interference with the rights of the Grand Wardens, and it was therefore +subsequently declared that, in the absence of the Grand Master and Deputy, +the last former Grand Master or Deputy should preside. But if no Past +Grand or Past Deputy Grand Master should be present, then the Senior Grand +Warden was to fill the chair, and, in his absence, the Junior Grand +Warden, and lastly, in absence of both these, then the oldest +Freemason[26] who is the present Master of a lodge. In this country, +however, most of the Grand Lodges have altered this regulation, and the +Wardens succeed according to seniority to the chair of the absent Grand +Master and Deputy, in preference to any Past Grand Officer. + + + +Section IV. + +_Of the Grand Treasurer._ + + +The office of Grand Treasurer was first established in 1724, in +consequence of a report of the Committee of Charity of the Grand Lodge of +England. But no one was found to hold the trust until the 24th of June, +1727, when, at the request of the Grand Master, the appointment was +accepted by Nathaniel Blackerby, Deputy Grand Master. The duties of the +office do not at all differ from those of a corresponding one in every +other society; but as the trust is an important one in a pecuniary view, +it has generally been deemed prudent that it should only be committed to +"a brother of good worldly substance," whose ample means would place him +beyond the chances of temptation. + +The office of Grand Treasurer has this peculiarity, that while all the +other officers below the Grand Master were originally, and still are in +England, appointed, that alone was always elective. + + + +Section V. + +_Of the Grand Secretary._ + + +This is one of the most important offices in the Grand Lodge, and should +always be occupied by a Brother of intelligence and education, whose +abilities may reflect honor on the institution of which he is the +accredited public organ. The office was established in the year 1723, +during the Grand Mastership of the Duke of Wharton, previous to which +time the duties appear to have been discharged by the Grand Wardens. + +The Grand Secretary not only records the proceedings of the Grand Lodge, +but conducts its correspondence, and is the medium through whom all +applications on masonic subjects are to be made to the Grand Master, or +the Grand Lodge. + +According to the regulations of the Grand Lodges of England, New York and +South Carolina, the Grand Secretary may appoint an assistant, who is not, +however, by virtue of such appointment, a member of the Grand Lodge. The +same privilege is also extended in South Carolina to the Grand Treasurer. + + + +Section VI. + +_Of the Grand Chaplain._ + + +This is the last of the Grand Offices that was established, having been +instituted on the 1st of May, in the year 1775. The duties are confined to +the reading of prayers, and other sacred portions of the ritual, in +consecrations, dedications, funeral services, etc. The office confers no +masonic authority at all, except that of a seat and a vote in the Grand +Lodge. + + + +Section VII. + +_Of the Grand Deacons._ + + +But little need be said of the Grand Deacons. Their duties correspond to +those of the same officers in subordinate lodges. The office of the +Deacons, even in a subordinate lodge, is of comparatively modern +institution. Dr. Oliver remarks that they are not mentioned in any of the +early Constitutions of Masonry, nor even so late as 1797, when Stephen +Jones wrote his "Masonic Miscellanies," and he thinks it "satisfactorily +proved that Deacons were not considered necessary, in working the business +of a lodge, before the very latter end of the eighteenth century."[27] + +But although the Deacons are not mentioned in the various works published +previous to that period, which are quoted by Dr. Oliver, it is +nevertheless certain that the office existed at a time much earlier than +that which he supposes. In a work in my possession, and which is now lying +before me, entitled "Every Young Man's Companion, etc., by W. Gordon, +Teacher of the Mathematics," sixth edition printed at London, in 1777, +there is a section, extending from page 413 to page 426, which is +dedicated to the subject of Freemasonry and to a description of the +working of a subordinate lodge. Here the Senior and Junior Deacons are +enumerated among the officers, their exact positions described and their +duties detailed, differing in no respect from the explanations of our own +ritual at the present day. The positive testimony of this book must of +course outweigh the negative testimony of the authorities quoted by +Oliver, and shows the existence in England of Deacons in the year 1777 at +least. + +It is also certain that the office of Deacon claims an earlier origin in +America than the "very latter end of the eighteenth century;" and, as an +evidence of this, it may be stated that, in the "Ahiman Rezon" of +Pennsylvania, published in 1783, the Grand Deacons are named among the +officers of the Grand Lodge, "as particular assistants to the Grand +Master and Senior Warden, in conducting the business of the Lodge." They +are to be found in all Grand Lodges of the York Rite, and are usually +appointed, the Senior by the Grand Master, and the Junior by the Senior +Grand Warden. + + + +Section VIII. + +_Of the Grand Marshal._ + + +The _Grand Marshal_, as an officer of convenience, existed from an early +period. We find him mentioned in the procession of the Grand Lodge, made +in 1731, where he is described as carrying "a truncheon, blue, tipped with +gold," insignia which he still retains. He takes no part in the usual work +of the Lodge; but his duties are confined to the proclamation of the Grand +Officers at their installation, and to the arrangement and superintendence +of public processions. + +The Grand Marshal is usually appointed by the Grand Master. + + + +Section IX. + +_Of the Grand Stewards._ + + +The first mention that is made of Stewards is in the Old Regulations, +adopted in 1721. Previous to that time, the arrangements of the Grand +Feast were placed in the hands of the Grand Wardens; and it was to relieve +them of this labor that the regulation was adopted, authorizing the Grand +Master, or his Deputy, to appoint a certain number of Stewards, who were +to act in concert with the Grand Wardens. In 1728, it was ordered that the +number of Stewards to be appointed should be twelve. In 1731, a regulation +was adopted, permitting the Grand Stewards to appoint their successors. +And, in 1735, the Grand Lodge ordered, that, "in consideration of their +past service and future usefulness," they should be constituted a Lodge of +Masters, to be called the Stewards' Lodge, which should have a registry in +the Grand Lodge list, and exercise the privilege of sending twelve +representatives. This was the origin of that body now known in the +Constitutions of the Grand Lodges of England and New York,[28] as the +Grand Stewards' Lodge, although it has been very extensively modified in +its organization. In New York, it is now no more than a Standing Committee +of the Grand Lodge; and in England, although it is regularly constituted, +as a Lodge of Master Masons, it is by a special regulation deprived of all +power of entering, passing, or raising Masons. In other jurisdictions, the +office of Grand Stewards is still preserved, but their functions are +confined to their original purpose of preparing and superintending the +Grand Feast. + +The appointment of the Grand Stewards should be most appropriately vested +in the Junior Grand Warden. + + + +Section X. + +_Of the Grand Sword-Bearer._ + + +_Grand Sword-Bearer._--It was an ancient feudal custom, that all great +dignitaries should have a sword of state borne before them, as the +insignia of their dignity. This usage has to this day been preserved in +the Masonic Institution, and the Grand Master's sword of state is still +borne in all public processions by an officer specially appointed for that +purpose. Some years after the reorganization of the Grand Lodge of +England, the sword was borne by the Master of the Lodge to which it +belonged; but, in 1730, the Duke of Norfolk, being then Grand Master, +presented to the Grand Lodge the sword of Gustavus Adolphus, King of +Sweden, which had afterwards been used in war by Bernard, Duke of Saxe +Weimar, and which the Grand Master directed should thereafter be adopted +as his sword of state. In consequence of this donation, the office of +Grand Sword-Bearer was instituted in the following year. The office is +still retained; but some Grand Lodges have changed the name to that of +_Grand Pursuivant_. + + + +Section XI. + +_Of the Grand Tiler._ + + +It is evident from the Constitutions of Masonry, as well as from the +peculiar character of the institution, that the office of Grand Tiler must +have existed from the very first organization of a Grand Lodge. As, from +the nature of the duties that he has to perform, the Grand Tiler is +necessarily excluded from partaking of the discussions, or witnessing the +proceedings of the Grand Lodge, it has very generally been determined, +from a principle of expediency, that he shall not be a member of the Grand +Lodge during the term of his office. + +The Grand Tiler is sometimes elected by the Grand Lodge, and sometimes +appointed by the Grand Master. + + + + +Chapter V. + +Of the Powers and Prerogatives of a Grand Lodge. + + + +Section I. + +_General View._ + + +The necessary and usual officers of a Grand Lodge having been described, +the rights, powers, and prerogatives of such a body is the next subject of +our inquiry. + +The foundation-stone, upon which the whole superstructure of masonic +authority in the Grand Lodge is built, is to be found in that conditional +clause annexed to the thirty-eight articles, adopted in 1721 by the Masons +of England, and which is in these words: + +"Every annual Grand Lodge has an inherent power and authority to make new +regulations, or to alter these for the real benefit of this ancient +fraternity; PROVIDED ALWAYS THAT THE OLD LANDMARKS BE CAREFULLY +PRESERVED; and that such alterations and new regulations be proposed and +agreed to at the third quarterly communication preceding the annual Grand +Feast; and that they be offered also to the perusal of all the Brethren +before dinner, in writing, even of the youngest Entered Apprentice: the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory." + +The expression which is put in capitals--"provided always that the old +landmarks be carefully preserved"--is the limiting clause which must be +steadily borne in mind, whenever we attempt to enumerate the powers of a +Grand Lodge. It must never be forgotten (in the words of another +regulation, adopted in 1723, and incorporated in the ritual of +installation), that "it is not in the power of any man, or body of men, to +make any alteration or innovation in the body of Masonry." + +"With these views to limit us, the powers of a Grand Lodge may be +enumerated in the language which has been adopted in the modern +constitutions of England, and which seem to us, after a careful +comparison, to be as comprehensive and correct as any that we have been +able to examine. This enumeration is in the following language: + +"In the Grand Lodge, alone, resides the power of enacting laws and +regulations for the permanent government of the craft, and of altering, +repealing, and abrogating them, always taking care that the ancient +landmarks of the order are preserved. The Grand Lodge has also the +inherent power of investigating, regulating, and deciding all matters +relative to the craft, or to particular lodges, or to individual Brothers, +which it may exercise either of itself, or by such delegated authority, as +in its wisdom and discretion it may appoint; but in the Grand Lodge alone +resides the power of erasing lodges, and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate authority +in England." + +In this enumeration we discover the existence of three distinct classes of +powers:--1, a legislative power; 2, a judicial power; and 3, an executive +power. Each of these will occupy a separate section. + + + +Section II. + +_Of the Legislative Power of a Grand Lodge._ + + +In the passage already quoted from the Constitutions of the Grand Lodge of +England it is said, "in the Grand Lodge, alone, resides the power of +enacting laws and regulations for the government of the craft, and of +altering, repealing, and abrogating them." General regulations for the +government of the whole craft throughout the world can no longer be +enacted by a Grand Lodge. The multiplication of these bodies, since the +year 1717, has so divided the supremacy that no regulation now enacted can +have the force and authority of those adopted by the Grand Lodge of +England in 1721, and which now constitute a part of the fundamental law of +Masonry, and as such are unchangeable by any modern Grand Lodge. + +Any Grand Lodge may, however, enact local laws for the direction of its +own special affairs, and has also the prerogative of enacting the +regulations which are to govern all its subordinates and the craft +generally in its own jurisdiction. From this legislative power, which +belongs exclusively to the Grand Lodge, it follows that no subordinate +lodge can make any new bye-laws, nor alter its old ones, without the +approval and confirmation of the Grand Lodge. Hence, the rules and +regulations of every lodge are inoperative until they are submitted to and +approved by the Grand Lodge. The confirmation of that body is the enacting +clause; and, therefore, strictly speaking, it may be said that the +subordinates only propose the bye-laws, and the Grand Lodge enacts them. + + + +Section III. + +_Of the Judicial Power of a Grand Lodge._ + + +The passage already quoted from the English Constitutions continues to +say, that "the Grand Lodge has the inherent power of investigating, +regulating and deciding all matters relative to the craft, or to +particular lodges, or to individual Brothers, which it may exercise, +either of itself, or by such delegated authority as in its wisdom and +discretion it may appoint." Under the first clause of this section, the +Grand Lodge is constituted as the Supreme Masonic Tribunal of its +jurisdiction. But as it would be impossible for that body to investigate +every masonic offense that occurs within its territorial limits, with that +full and considerate attention that the principles of justice require, it +has, under the latter clause of the section, delegated this duty, in +general, to the subordinate lodges, who are to act as its committees, and +to report the results of their inquiry for its final disposition. From +this course of action has risen the erroneous opinion of some persons, +that the jurisdiction of the Grand Lodge is only appellate in its +character. Such is not the case. The Grand Lodge possesses an original +jurisdiction over all causes occurring within its limits. It is only for +expediency that it remits the examination of the merits of any case to a +subordinate lodge as a _quasi_ committee. It may, if it thinks proper, +commence the investigation of any matter concerning either a lodge, or an +individual brother within its own bosom, and whenever an appeal from the +decision of a lodge is made, which, in reality, is only a dissent from the +report of the lodge, the Grand Lodge does actually recommence the +investigation _de novo_, and, taking the matter out of the lodge, to whom +by its general usage it had been primarily referred, it places it in the +hands of another committee of its own body for a new report. The course of +action is, it is true, similar to that in law, of an appeal from an +inferior to a superior tribunal. But the principle is different. The Grand +Lodge simply confirms or rejects the report that has been made to it, and +it may do that without any appeal having been entered. It may, in fact, +dispense with the necessity of an investigation by and report from a +subordinate lodge altogether, and undertake the trial itself from the +very inception. But this, though a constitutional, is an unusual course. +The subordinate lodge is the instrument which the Grand Lodge employs in +considering the investigation. It may or it may not make use of the +instrument, as it pleases. + + + +Section IV. + +_Of the Executive Power of a Grand Lodge._ + + +The English Constitutions conclude, in the passage that has formed the +basis of our previous remarks, by asserting that "in the Grand Lodge, +alone, resides the power of erasing lodges and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate +authority." The power of the Grand Lodge to erase lodges is accompanied +with a coincident power of constituting new lodges. This power it +originally shared with the Grand Master, and still does in England; but in +this country the power of the Grand Lodge is paramount to that of the +Grand Master. The latter can only constitute lodges temporarily, by +dispensation, and his act must be confirmed, or may be annulled by the +Grand Lodge. It is not until a lodge has received its Warrant of +Constitution from the Grand Lodge, that it can assume the rank and +exercise the prerogatives of a regular and legal lodge. + +The expelling power is one that is very properly intrusted to the Grand +Lodge, which is the only tribunal that should impose a penalty affecting +the relations of the punished party with the whole fraternity. Some of the +lodges in this country have claimed the right to expel independently of +the action of the Grand Lodge. But the claim is founded on an erroneous +assumption of powers that have never existed, and which are not recognized +by the ancient constitutions, nor the general usages of the fraternity. A +subordinate lodge tries its delinquent member, under the provisions which +have already been stated, and, according to the general usage of lodges in +the United States, declares him expelled. But the sentence is of no force +nor effect until it has been confirmed by the Grand Lodge, which may, or +may not, give the required confirmation, and which, indeed, often refuses +to do so, but actually reverses the sentence. It is apparent, from the +views already expressed on the judicial powers of the Grand Lodge, that +the sentence of expulsion uttered by the subordinate is to be taken in +the sense of a recommendatory report, and that it is the confirmation and +adoption of that report by the Grand Lodge that alone gives it vitality +and effect. + +The expelling power presumes, of course, coincidently, the reinstating +power. As the Grand Lodge alone can expel, it also alone can reinstate. + +These constitute the general powers and prerogatives of a Grand Lodge. Of +course there are other local powers, assumed by various Grand Lodges, and +differing in the several jurisdictions, but they are all derived from some +one of the three classes that we have enumerated. From these views, it +will appear that a Grand Lodge is the supreme legislative, judicial, and +executive authority of the Masonic jurisdiction in which it is situated. +It is, to use a feudal term, "the lord paramount" in Masonry. It is a +representative body, in which, however, it constituents have delegated +everything and reserved no rights to themselves. Its authority is almost +unlimited, for it is restrained by but a single check:--_It cannot alter +or remove the ancient landmarks_. + + + + + +Book Second + +Laws of Subordinate Lodges. + + + +Having thus succinctly treated of the law in relation to Grand Lodges, I +come next in order to consider the law as it respects the organization, +rights, powers, and privileges of subordinate Lodges; and the first +question that will engage our attention will be, as to the proper method +of organizing a Lodge. + + + + +Chapter I. + +Of the Nature and Organization of Subordinate Lodges. + + + +The old charges define a Lodge to be "a place where Masons assemble and +work;" and also "that assembly, or duly organized society of Masons." The +lecture on the first degree gives a still more precise definition. It says +that "a lodge is an assemblage of Masons, duly congregated, having the +Holy Bible, square, and compasses, and a charter, or warrant of +constitution, empowering them to work." + +Every lodge of Masons requires for its proper organization, that it should +have been congregated by the permission of some superior authority, which +may be either a Grand Master or a Grand Lodge. When a lodge is organized +by the authority of a Grand Master, it is said to work under a +Dispensation, and when by the authority of a Grand Lodge, it is said to +work under a warrant of constitution. In the history of a lodge, the +former authority generally precedes the latter, the lodge usually working +for some time under the dispensation of the Grand Master, before it is +regularly warranted by the Grand Lodge. But this is not necessarily the +case. A Grand Lodge will sometimes grant a warrant of constitution at +once, without the previous exercise, on the part of the Grand Master, of +his dispensing power. As it is, however, more usually the practice for the +dispensation to precede the warrant of constitution, I shall explain the +formation of a lodge according to that method. + +Any number of Master Masons, not under seven, being desirous of uniting +themselves into a lodge, apply by petition to the Grand Master for the +necessary authority. This petition must set forth that they now are, or +have been, members of a regularly constituted lodge, and must assign, as a +reason for their application, that they desire to form the lodge "for the +conveniency of their respective dwellings," or some other sufficient +reason. The petition must also name the brethren whom they desire to act +as their Master and Wardens, and the place where they intend to meet; and +it must be recommended by the nearest lodge. + +Dalcho says that not less than three Master Masons should sign the +petition; but in this he differs from all the other authorities, which +require not less than seven. This rule, too, seems to be founded in +reason; for, as it requires seven Masons to constitute a quorum for +opening and holding a lodge of Entered Apprentices, it would be absurd to +authorize a smaller number to organize a lodge which, after its +organization, could not be opened, nor make Masons in that degree. + +Preston says that the petition must be recommended "by the Masters of +three regular lodges adjacent to the place where the new lodge is to be +held." Dalcho says it must be recommended "by three other known and +approved Master Masons," but does not make any allusion to any adjacent +lodge. The laws and regulations of the Grand Lodge of Scotland require the +recommendation to be signed "by the Masters and officers of two of the +nearest lodges." The Constitutions of the Grand Lodge of England require +that it must be recommended "by the officers of some regular lodge." The +recommendation of a neighboring lodge is the general usage of the craft, +and is intended to certify to the superior authority, on the very best +evidence that can be obtained, that, namely, of an adjacent lodge, that +the new lodge will be productive of no injury to the Order. + +If this petition be granted, the Grand Secretary prepares a document +called a _dispensation_, which authorizes the officers named in the +petition to open and hold a lodge, and to "enter, pass, and raise +Freemasons." The duration of this dispensasation is generally expressed on +its face to be, "until it shall be revoked by the Grand Master or the +Grand Lodge, or until a warrant of constitution is granted by the Grand +Lodge." Preston says, that the Brethren named in it are authorized "to +assemble as Masons for forty days, and until such time as a warrant of +constitution can be obtained by command of the Grand Lodge, or that +authority be recalled." But generally, usage continues the dispensation +only until the next meeting of the Grand Lodge, when it is either revoked, +or a warrant of constitution granted. + +If the dispensation be revoked by either the Grand Master or the Grand +Lodge (for either has the power to do so), the lodge of course at once +ceases to exist. Whatever funds or property it has accumulated revert, as +in the case of all extinct lodges, to the Grand Lodge, which may be called +the natural heir of its subordinates; but all the work done in the lodge, +under the dispensation, is regular and legal, and all the Masons made by +it are, in every sense of the term, "true and lawful Brethren." + +Let it be supposed, however, that the dispensation is confirmed or +approved by the Grand Lodge, and we thus arrive at another step in the +history of the new lodge. At the next sitting of the Grand Lodge, after +the dispensation has been issued by the Grand Master, he states that fact +to the Grand Lodge, when, either at his request, or on motion of some +Brother, the vote is taken on the question of constituting the new lodge, +and, if a majority are in favor of it, the Grand Secretary is ordered to +grant a warrant of constitution. + +This instrument differs from a dispensation in many important particulars. +It is signed by all the Grand Officers, and emanates from the Grand Lodge, +while the dispensation emanates from the office of the Grand Master, and +is signed by him alone. The authority of the dispensation is temporary, +that of the warrant permanent; the one can be revoked at pleasure by the +Grand Master, who granted it; the other only for cause shown, and by the +Grand Lodge; the one bestows only a name, the other both a name and a +number; the one confers only the power of holding a lodge and making +Masons, the other not only confers these powers, but also those of +installation and of succession in office. From these differences in the +characters of the two documents, arise important differences in the powers +and privileges of a lodge under dispensation and of one that has been +regularly constituted. These differences shall hereafter be considered. + +The warrant having been granted, there still remain certain forms and +ceremonies to be observed, before the lodge can take its place among the +legal and registered lodges of the jurisdiction in which it is situated. +These are its consecration, its dedication, its constitution, and the +installation of its officers. We shall not fully enter into a description +of these various ceremonies, because they are laid down at length in all +the Monitors, and are readily accessible to our readers. It will be +sufficient if we barely allude to their character. + +The ceremony of constitution is so called, because by it the lodge becomes +constituted or established. Orthoepists define the verb to constitute, as +signifying "to give a formal existence to anything." Hence, to constitute +a lodge is to give it existence, character, and standing as such; and the +instrument that warrants the person so constituting or establishing it, in +this act, is very properly called the "warrant of constitution." + +The consecration, dedication, and constitution of a lodge must be +performed by the Grand Master in person; or, if he cannot conveniently +attend, by some Past Master appointed by him as his special proxy or +representative for that purpose. On the appointed evening, the Grand +Master, accompanied by his Grand Officers, repairs to the place where the +new lodge is to hold its meetings, the lodge[29] having been placed in the +centre of the room and decently covered with a piece of white linen or +satin. Having taken the chair, he examines the records of the lodge and +the warrant of constitution; the officers who have been chosen are +presented before him, when he inquires of the Brethren if they continue +satisfied with the choice they have made. The ceremony of consecration is +then performed. The Lodge is uncovered; and corn, wine, and oil--the +masonic elements of consecration--are poured upon it, accompanied by +appropriate prayers and invocations, and the lodge is finally declared to +be consecrated to the honor and glory of God. + +This ceremony of consecration has been handed down from the remotest +antiquity. A consecrating--a separating from profane things, and making +holy or devoting to sacred purposes--was practiced by both the Jews and +the Pagans in relation to their temples, their altars, and all their +sacred utensils. The tabernacle, as soon as it was completed, was +consecrated to God by the unction of oil. Among the Pagan nations, the +consecration of their temples was often performed with the most sumptuous +offerings and ceremonies; but oil was, on all occasions, made use of as an +element of the consecration. The lodge is, therefore, consecrated to +denote that henceforth it is to be set apart as an asylum sacred to the +cultivation of the great masonic principles of Friendship, Morality, and +Brotherly Love. Thenceforth it becomes to the conscientious Mason a place +worthy of his reverence; and he is tempted, as he passes over its +threshold, to repeat the command given to Moses: "Put off thy shoes from +off thy feet, for the place whereon thou standest is holy ground." + +The corn, wine, and oil are appropriately adopted as the Masonic elements +of consecration, because of the symbolic signification which they present +to the mind of the Mason. They are enumerated by David as among the +greatest blessings which we receive from the bounty of Divine Providence. +They were annually offered by the ancients as the first fruits, in a +thank-offering for the gifts of the earth; and as representatives of "the +corn of nourishment, the wine of refreshment, and the oil of joy," they +symbolically instruct the Mason that to the Grand Master of the Universe +he is indebted for the "health, peace, and plenty" that he enjoys. + +After the consecration of the lodge, follows its dedication. This is a +simple ceremony, and principally consists in the pronunciation of a +formula of words by which the lodge is declared to be dedicated to the +holy Saints John, followed by an invocation that "every Brother may revere +their character and imitate their virtues." + +Masonic tradition tells us that our ancient Brethren dedicated their +lodges to King Solomon, because he was their first Most Excellent Grand +Master; but that modern Masons dedicate theirs to St. John the Baptist and +St. John the Evangelist, because they were two eminent patrons of Masonry. +A more appropriate selection of patrons to whom to dedicate the lodge, +could not easily have been made; since St. John the Baptist, by +announcing the approach of Christ, and by the mystical ablution to which +he subjected his proselytes, and which was afterwards adopted in the +ceremony of initiation into Christianity, might well be considered as the +Grand Hierophant of the Church; while the mysterious and emblematic nature +of the Apocalypse assimilated the mode of teaching adopted by St. John the +Evangelist to that practiced by the fraternity. Our Jewish Brethren +usually dedicate their lodges to King Solomon, thus retaining their +ancient patron, although they thereby lose the benefit of that portion of +the Lectures which refers to the "lines parallel." The Grand Lodge of +England, at the union in 1813, agreed to dedicate to Solomon and Moses, +applying the parallels to the framer of the tabernacle and the builder of +the temple; but they have no warranty for this in ancient usage, and it is +unfortunately not the only innovation on the ancient landmarks that that +Grand Lodge has lately permitted. + +The ceremony of dedication, like that of consecration, finds its archetype +in the remotest antiquity. The Hebrews made no use of any new thing until +they had first solemnly dedicated it. This ceremony was performed in +relation even to private houses, as we may learn from the book of +Deuteronomy.[30] The 30th Psalm is a song said to have been made by David +on the dedication of the altar which he erected on the threshing-floor of +Ornan the Jebusite, after the grievous plague which had nearly devastated +the kingdom. Solomon, it will be recollected, dedicated the temple with +solemn ceremonies, prayers, and thank-offerings. The ceremony of +dedication is, indeed, alluded to in various portions of the Scriptures. + +Selden[31] says that among the Jews sacred things were both dedicated and +consecrated; but that profane things, such as private houses, etc., were +simply dedicated, without consecration. The same writer informs us that +the Pagans borrowed the custom of consecrating and dedicating their sacred +edifices, altars, and images, from the Hebrews. + +The Lodge having been thus consecrated to the solemn objects of +Freemasonry, and dedicated to the patrons of the institution, it is at +length prepared to be constituted. The ceremony of constitution is then +performed by the Grand Master, who, rising from his seat, pronounces the +following formulary of constitution: + +"In the name of the most Worshipful Grand Lodge, I now constitute and form +you, my beloved Brethren, into a regular lodge of Free and Accepted +Masons. From this time forth, I empower you to meet as a regular lodge, +constituted in conformity to the rites of our Order, and the charges of +our ancient and honorable fraternity;--and may the Supreme Architect of +the Universe prosper, direct, and counsel you, in all your doings." + +This ceremony places the lodge among the registered lodges of the +jurisdiction in which it is situated, and gives it a rank and standing and +permanent existence that it did not have before. In one word, it has, by +the consecration, dedication, and constitution, become what we technically +term "a just and legally constituted lodge," and, as such, is entitled to +certain rights and privileges, of which we shall hereafter speak. Still, +however, although the lodge has been thus fully and completely organized, +its officers have as yet no legal existence. To give them this, it is +necessary that they be inducted into their respective offices, and each +officer solemnly bound to the faithful performance of the duties he has +undertaken to discharge. This constitutes the ceremony of installation. +The Worshipful Master of the new lodge is required publicly to submit to +the ancient charges; and then all, except Past Masters, having retired, he +is invested with the Past Master's degree, and inducted into the oriental +chair of King Solomon. The Brethren are then introduced, and due homage is +paid to their new Master, after which the other officers are obligated to +the faithful discharge of their respective trusts, invested with their +insignia of office, and receive the appropriate charge. This ceremony must +be repeated at every annual election and change of officers. + +The ancient rule was, that when the Grand Master and his officers attended +to constitute a new lodge, the Deputy Grand Master invested the new +Master, the Grand Wardens invested the new Wardens, and the Grand +Treasurer and Grand Secretary invested the Treasurer and Secretary. But +this regulation has become obsolete, and the whole installation and +investiture are now performed by the Grand Master. On the occasion of +subsequent installations, the retiring Master installs his successor; and +the latter installs his subordinate officers. + +The ceremony of installation is derived from the ancient custom of +inauguration, of which we find repeated instances in the sacred as well as +profane writings. Aaron was inaugurated, or installed, by the unction of +oil, and placing on him the vestments of the High Priest; and every +succeeding High Priest was in like manner installed, before he was +considered competent to discharge the duties of his office. Among the +Romans, augurs, priests, kings, and, in the times of the republic, consuls +were always inaugurated or installed. And hence, Cicero, who was an augur, +speaking of Hortensius, says, "it was he who installed me as a member of +the college of augurs, so that I was bound by the constitution of the +order to respect and honour him as a parent."[32] The object and intention +of the ancient inauguration and the Masonic installation are precisely the +same, namely, that of setting apart and consecrating a person to the +duties of a certain office. + +The ceremonies, thus briefly described, were not always necessary to +legalize a congregation of Masons. Until the year 1717, the custom of +confining the privileges of Masonry, by a warrant of constitution, to +certain individuals, was wholly unknown. Previous to that time, a +requisite number of Master Masons were authorized by the ancient charges +to congregate together, temporarily, at their own discretion, and as best +suited their convenience, and then and there to open and hold lodges and +make Masons; making, however, their return, and paying their tribute to +the General Assembly, to which all the fraternity annually repaired, and +by whose awards the craft were governed. + +Preston, speaking of this ancient privilege, says: "A sufficient number of +Masons met together within a certain district, with the consent of the +sheriff or chief magistrate of the place, were empowered at this time to +make Masons and practice the rights of Masonry, without a warrant of +constitution." This privilege, Preston says, was inherent in them as +individuals, and continued to be enjoyed by the old lodges, which formed +the Grand Lodge in 1717, as long as they were in existence. + +But on the 24th June, 1717, the Grand Lodge of England adopted the +following regulation: "That the privilege of assembling as Masons, which +had hitherto been unlimited, should be vested in certain lodges or +assemblies of Masons, convened in certain places; and that every lodge to +be hereafter convened, except the four old lodges at this time existing, +should be legally authorized to act by a warrant from the Grand Master for +the time being, granted to certain individuals by petition, with the +consent and approbation of the Grand Lodge in communication; and that, +without such warrant, no lodge should be hereafter deemed regular or +constitutional." + +This regulation has ever since continued in force, and it is the original +law under which warrants of constitution are now granted by Grand Lodges +for the organization of their subordinates. + + + + +Chapter II. + +Of Lodges under Dispensation. + + + +It is evident, from what has already been said, that there are two kinds +of lodges, each regular in itself, but each peculiar and distinct in its +character. There are lodges working under a dispensation, and lodges +working under a warrant of constitution. Each of these will require a +separate consideration. The former will be the subject of the present +chapter. + +A lodge working under a dispensation is a merely temporary body, +originated for a special purpose, and is therefore possessed of very +circumscribed powers. The dispensation, or authority under which it acts, +expressly specifies that the persons to whom it is given are allowed to +congregate that they may "admit, enter, pass, and raise Freemasons;" no +other powers are conferred either by words or implication, and, indeed, +sometimes the dispensation states, that that congregation is to be "with +the sole intent and view, that the Brethren so congregated, admitted, +entered, and made, when they become a sufficient number, may be duly +warranted and constituted for being and holding a regular lodge."[33] + +A lodge under dispensation is simply the creature of the Grand Master. To +him it is indebted for its existence, and on his will depends the duration +of that existence. He may at any time revoke the dispensation, and the +dissolution of the lodge would be the instant result. Hence a lodge +working under a dispensation can scarcely, with strict technical +propriety, be called a lodge; it is, more properly speaking, a +congregation of Masons, acting as the proxy of the Grand Master. + +With these views of the origin and character of lodges under dispensation, +we will be better prepared to understand the nature and extent of the +powers which they possess. + +A lodge under dispensation can make no bye-laws. It is governed, during +its temporary existence, by the general Constitutions of the Order and the +rules and regulations of the Grand Lodge in whose jurisdiction it is +situated. In fact, as the bye-laws of no lodge are operative until they +are confirmed by the Grand Lodge, and as a lodge working under a +dispensation ceases to exist as such as soon as the Grand Lodge meets, it +is evident that it would be absurd to frame a code of laws which would +have no efficacy, for want of proper confirmation, and which, when the +time and opportunity for confirmation had arrived, would be needless, as +the society for which they were framed would then have no legal +existence--a new body (the warranted lodge) having taken its place. + +A lodge under dispensation cannot elect officers. The Master and Wardens +are nominated by the Brethren, and, if this nomination is approved, they +are appointed by the Grand Master. In giving them permission to meet and +make Masons, he gave them no power to do anything else. A dispensation is +itself a setting aside of the law, and an exception to a general +principle; it must, therefore, be construed literally. What is not granted +in express terms, is not granted at all. And, therefore, as nothing is +said of the election of officers, no such election can be held. The Master +may, however, and always does for convenience, appoint a competent +Brother to keep a record of the proceedings; but this is a temporary +appointment, at the pleasure of the Master, whose deputy or assistant he +is; for the Grand Lodge looks only to the Master for the records, and the +office is not legally recognized. In like manner, he may depute a trusty +Brother to take charge of the funds, and must, of course, from time to +time, appoint the deacons and tiler for the necessary working of the +lodge. + +As there can be no election, neither can there be any installation, which, +of course, always presumes a previous election for a determinate period. +Besides, the installation of officers is a part of the ceremony of +constitution, and therefore not even the Master and Wardens of a lodge +under dispensation are entitled to be thus solemnly inducted into office. + +A lodge under dispensation can elect no members. The Master and Wardens, +who are named in the dispensation, are, in point of fact, the only persons +recognized as constituting the lodge. To them is granted the privilege, as +proxies of the Grand Master, of making Masons; and for this purpose they +are authorized to congregate a sufficient number of Brethren to assist +them in the ceremonies. But neither the Master and Wardens, nor the +Brethren, thus congregated have received any power of electing members. +Nor are the persons made in a lodge under dispensation, to be considered +as members of the lodge; for, as has already been shown, they have none of +the rights and privileges which attach to membership--they can neither +make bye-laws nor elect officers. They, however, become members of the +lodge as soon as it receives its warrant of constitution. + + + + +Chapter III. + + +Of Lodges Working under a Warrant of Constitution. + + + +Section I. + +_Of the Powers and Rights of a Lodge._ + + +In respect to the powers and privileges possessed by a lodge working under +a warrant of constitution, we may say, as a general principle, that +whatever it does possess is inherent in it--nothing has been delegated by +either the Grand Master or the Grand Lodge--but that all its rights and +powers are derived originally from the ancient regulations, made before +the existence of Grand Lodges, and that what it does not possess, are the +powers which were conceded by its predecessors to the Grand Lodge. This is +evident from the history of warrants of constitution, the authority under +which subordinate lodges act. The practice of applying by petition to the +Grand Master or the Grand Lodge, for a warrant to meet as a regular +lodge, commenced in the year 1718. Previous to that time, Freemasons were +empowered by inherent privileges, vested, from time immemorial, in the +whole fraternity, to meet as occasion might require, under the direction +of some able architect; and the proceedings of these meetings, being +approved by a majority of the Brethren convened at another lodge in the +same district, were deemed constitutional.[34] But in 1718, a year after +the formation of the Grand Lodge of England, this power of meeting _ad +libitum_ was resigned into the hands of that body, and it was then agreed +that no lodges should thereafter meet, unless authorized so to do by a +warrant from the Grand Master, and with the consent of the Grand Lodge. +But as a memorial that this abandonment of the ancient right was entirely +voluntary, it was at the same time resolved that this inherent privilege +should continue to be enjoyed by the four old lodges who formed the Grand +Lodge. And, still more effectually to secure the reserved rights of the +lodges, it was also solemnly determined, that while the Grand Lodge +possesses the inherent right of making new regulations for the good of the +fraternity, provided that the _old landmarks be carefully preserved_, yet +that these regulations, to be of force, must be proposed and agreed to at +the third quarterly communication preceding the annual grand feast, and +submitted to the perusal of all the Brethren, in writing, even of the +youngest entered apprentice; "_the approbation and consent of the majority +of all the Brethren present being absolutely necessary, to make the same +binding and obligatory_."[35] + +The corollary from all this is clear. All the rights, powers, and +privileges, not conceded, by express enactment of the fraternity, to the +Grand Lodge, have been reserved to themselves. Subordinate lodges are the +assemblies of the craft in their primary capacity, and the Grand Lodge is +the Supreme Masonic Tribunal, only because it consists of and is +constituted by a representation of these primary assemblies. And, +therefore, as every act of the Grand Lodge is an act of the whole +fraternity thus represented, each new regulation that may be made is not +an assumption of authority on the part of the Grand Lodge, but a new +concession on the part of the subordinate lodges. + +This doctrine of the reserved rights of the lodges is very important, and +should never be forgotten, because it affords much aid in the decision of +many obscure points of masonic jurisprudence. The rule is, that any +doubtful power exists and is inherent in the subordinate lodges, unless +there is an express regulation conferring it on the Grand Lodge. With this +preliminary view, we may proceed to investigate the nature and extent of +these reserved powers of the subordinate lodges. + +A lodge has the right of selecting its own members, with which the Grand +Lodge cannot interfere. This is a right that the lodges have expressly +reserved to themselves, and the stipulation is inserted in the "general +regulations" in the following words: + +"No man can be entered a Brother in any particular lodge, or admitted a +member thereof, without the unanimous consent of all the members of that +lodge then present, when the candidate is proposed, and when their consent +is formally asked by the Master. They are to give their consent in their +own prudent way, either virtually or in form, but with unanimity. Nor is +this inherent privilege subject to a dispensation, because the members of +a particular lodge are the best judges of it; and because, if a turbulent +member should be imposed upon them, it might spoil their harmony, or +hinder the freedom of their communication; or even break and disperse the +lodge, which ought to be avoided by all true and faithful."[36] + +But although a lodge has the inherent right to require unanimity in the +election of a candidate, it is not necessarily restricted to such a degree +of rigor. + +A lodge has the right to elect its own officers. This right is guaranteed +to it by the words of the Warrant of Constitution. Still the right is +subject to certain restraining regulations. The election must be held at +the proper time, which, according to the usage of Masonry, in most parts +of the world, is on or immediately before the festival of St. John the +Evangelist. The proper qualifications must be regarded. A member cannot be +elected as Master, unless he has previously served as a Warden, except in +the instance of a new lodge, or other case of emergency. Where both of the +Wardens refuse promotion, where the presiding Master will not permit +himself to be reelected, and where there is no Past Master who will +consent to take the office, then, and then only, can a member be elected +from the floor to preside over the lodge. + +By the Constitutions of England, only the Master and Treasurer are elected +officers.[37] The Wardens and all the other officers are appointed by the +Master, who has not, however, the power of removal after appointment, +except by consent of the lodge;[38] but American usage gives the election +of all the officers, except the deacons, stewards, and, in some instances, +the tiler, to the lodge. + +As a consequence of the right of election, every lodge has the power of +installing its officers, subject to the same regulations, in relation to +time and qualifications, as given in the case of elections. + +The Master must be installed by a Past Master,[39] but after his own +installation he has the power to install the rest of the officers. The +ceremony of installation is not a mere vain and idle one, but is +productive of important results. Until the Master and Wardens of a lodge +are installed, they cannot represent the lodge in the Grand Lodge, nor, if +it be a new lodge, can it be recorded and recognized on the register of +the Grand Lodge. No officer can permanently take possession of the office +to which he has been elected, until he has been duly installed.[40] The +rule of the craft is, that the old officer holds on until his successor is +installed, and this rule is of universal application to officers of every +grade, from the Tiler of a subordinate lodge, to the Grand Master of +Masons. + +Every lodge that has been duly constituted, and its officers installed, is +entitled to be represented in the Grand Lodge, and to form, indeed, a +constituent part of that body.[41] The representatives of a lodge are its +Master and two Wardens.[42] This character of representation was +established in 1718, when the four old lodges, which organized the Grand +Lodge of England, agreed "to extend their patronage to every lodge which +should hereafter be constituted by the Grand Lodge, according to the new +regulations of the society; and while such lodges acted in conformity to +the ancient constitutions of the Order, to admit their Masters and Wardens +to share with them all the privileges of the Grand Lodge, excepting +precedence of rank."[43] Formerly all Master Masons were permitted to sit +in the Grand Lodge, or, as it was then called, the General Assembly, and +represent their lodge; and therefore this restricting the representation +to the three superior officers was, in fact, a concession of the craft. +This regulation is still generally observed; but I regret to see a few +Grand Lodges in this country innovating on the usage, and still further +confining the representation to the Masters alone. + +The Master and Wardens are not merely in name the representatives of the +lodge, but are bound, on all questions that come before the Grand Lodge, +truly to represent their lodge, and vote according to its instructions. +This doctrine is expressly laid down in the General Regulations, in the +following words: "The majority of every particular lodge, when +congregated, not else, shall have the privilege of giving instructions to +their Master and Wardens, before the meeting of the Grand Chapter, or +Quarterly Communication; because the said officers are their +representatives, and are supposed to speak the sentiments of their +Brethren at the said Grand Lodge."[44] + +Every lodge has the power to frame bye-laws for its own government, +provided they are not contrary to, nor inconsistent with, the general +regulations of the Grand Lodge; nor the landmarks of the order.[45] But +these bye-laws will not be valid, until they are submitted to and approved +by the Grand Lodge. And this is the case, also, with every subsequent +alteration of them, which must in like manner be submitted to the Grand +Lodge for its approval. + +A lodge has the right of suspending or excluding a member from his +membership in the lodge; but it has no power to expel him from the rights +and privileges of Masonry, except with the consent of the Grand Lodge. A +subordinate lodge tries its delinquent member, and, if guilty, declares +him expelled; but the sentence is of no force until the Grand Lodge, under +whose jurisdiction it is working, has confirmed it. And it is optional +with the Grand Lodge to do so, or, as is frequently done, to reverse the +decision and reinstate the Brother. Some of the lodges in this country +claim the right to expel, independently of the action of the Grand Lodge; +but the claim is not valid. The very fact that an expulsion is a penalty, +affecting the general relations of the punished party with the whole +fraternity, proves that its exercise never could, with propriety, be +intrusted to a body so circumscribed in its authority as a subordinate +lodge. Accordingly, the general practice of the fraternity is opposed to +it; and therefore all expulsions are reported to the Grand Lodge, not +merely as matters of information, but that they may be confirmed by that +body. The English Constitutions are explicit on this subject. "In the +Grand Lodge alone," they declare, "resides the power of erasing lodges and +expelling Brethren from the craft, a power which it ought not to delegate +to any subordinate authority in England." They allow, however, a +subordinate lodge to _exclude_ a member from the lodge; in which case he +is furnished with a certificate of the circumstances of his exclusion, and +then may join any other lodge that will accept him, after being made +acquainted with the fact of his exclusion, and its cause. This usage has +not been adopted in this country. + +A lodge has a right to levy such annual contribution for membership as the +majority of the Brethren see fit. This is entirely a matter of contract, +with which the Grand Lodge, or the craft in general, have nothing to do. +It is, indeed, a modern usage, unknown to the fraternity of former times, +and was instituted for the convenience and support of the private lodges. + +A lodge is entitled to select a name for itself, to be, however, approved +by the Grand Lodge.[46] But the Grand Lodge alone has the power of +designating the number by which the lodge shall be distinguished. By its +number alone is every lodge recognized in the register of the Grand Lodge, +and according to their numbers is the precedence of the lodges regulated. + +Finally, a lodge has certain rights in relation to its Warrant of +Constitution. This instrument having been granted by the Grand Lodge, can +be revoked by no other authority. The Grand Master, therefore, has no +power, as he has in the case of a lodge under dispensation, to withdraw +its Warrant, except temporarily, until the next meeting of the Grand +Lodge. Nor is it in the power of even the majority of the lodge, by any +act of their own, to resign the Warrant. For it has been laid down as a +law, that if the majority of the lodge should determine to quit the lodge, +or to resign their warrant, such action would be of no efficacy, because +the Warrant of Constitution, and the power of assembling, would remain +with the rest of the members, who adhere to their allegiance.[47] But if +all the members withdraw themselves, their Warrant ceases and becomes +extinct. If the conduct of a lodge has been such as clearly to forfeit its +charter, the Grand Lodge alone can decide that question and pronounce the +forfeiture. + + + +Section II. + +_Of the Duties of a Lodge._ + + +So far in relation to the rights and privileges of subordinate lodges. But +there are certain duties and obligations equally binding upon these +bodies, and certain powers, in the exercise of which they are restricted. +These will next engage our attention. + +The first great duty, not only of every lodge, but of every Mason, is to +see that the landmarks of the Order shall never be impaired. The General +Regulations of Masonry--to which every Master, at his installation, is +bound to acknowledge his submission--declare that "it is not in the power +of any man, or body of men, to make innovations in the body of Masonry." +And, hence, no lodge, without violating all the implied and express +obligations into which it has entered, can, in any manner, alter or amend +the work, lectures, and ceremonies of the institution. As its members +have received the ritual from their predecessors, so are they bound to +transmit it, unchanged, in the slightest degree, to their successors. In +the Grand Lodge, alone, resides the power of enacting new regulations; +but, even _it_ must be careful that, in every such regulation, the +landmarks are preserved. When, therefore, we hear young and inexperienced +Masters speak of making improvements (as they arrogantly call them) upon +the old lectures or ceremonies, we may be sure that such Masters either +know nothing of the duties they owe to the craft, or are willfully +forgetful of the solemn obligation which they have contracted. Some may +suppose that the ancient ritual of the Order is imperfect, and requires +amendment. One may think that the ceremonies are too simple, and wish to +increase them; another, that they are too complicated, and desire to +simplify them; one may be displeased with the antiquated language; +another, with the character of the traditions; a third, with something +else. But, the rule is imperative and absolute, that no change can or must +be made to gratify individual taste. As the Barons of England, once, with +unanimous voice, exclaimed, "Nolumus leges Anglić mutare!" so do all good +Masons respond to every attempt at innovation, "We are unwilling to alter +the customs of Freemasonry." + +In relation to the election of officers, a subordinate lodge is allowed to +exercise no discretion. The names and duties of these officers are +prescribed, partly by the landmarks or the ancient constitutions, and +partly by the regulations of various Grand Lodges. While the landmarks are +preserved, a Grand Lodge may add to the list of officers as it pleases; +and whatever may be its regulation, the subordinate lodges are bound to +obey it; nor can any such lodge create new offices nor abolish old ones +without the consent of the Grand Lodge. + +Lodges are also bound to elect their officers at a time which is always +determined; not by the subordinate, but by the Grand Lodge. Nor can a +lodge anticipate or postpone it unless by a dispensation from the Grand +Master. + +No lodge can, at an extra meeting, alter or amend the proceedings of a +regular meeting. If such were not the rule, an unworthy Master might, by +stealth, convoke an extra meeting of a part of his lodge, and, by +expunging or altering the proceedings of the previous regular meeting, or +any particular part of them, annul any measures or resolutions that were +not consonant with his peculiar views. + +No lodge can interfere with the work or business of any other lodge, +without its permission. This is an old regulation, founded on those +principles of comity and brotherly love that should exist among all +Masons. It is declared in the manuscript charges, written in the reign of +James II., and in the possession of the Lodge of Antiquity, at London, +that "no Master or Fellow shall supplant others of their work; that is to +say, that, if he hath taken a work, or else stand Master of any work, that +he shall not put him out, unless he be unable of cunning to make an end of +his work." And, hence, no lodge can pass or raise a candidate who was +initiated, or initiate one who was rejected, in another lodge. "It would +be highly improper," says the Ahiman Rezon, "in any lodge, to confer a +degree on a Brother who is not of their house-hold; for, every lodge +ought to be competent to manage their own business, and are the best +judges of the qualifications of their own members." + +I do not intend, at the present time, to investigate the qualifications of +candidates--as that subject will, in itself, afford ample materials for a +future investigation; but, it is necessary that I should say something of +the restrictions under which every lodge labors in respect to the +admission of persons applying for degrees. + +In the first place, no lodge can initiate a candidate, "without previous +notice, and due examination into his character; and not unless his +petition has been read at one regular meeting and acted on at another." +This is in accordance with the ancient regulations; but, an exception to +it is allowed in the case of an emergency, when the lodge may read the +petition for admission, and, if the applicant is well recommended, may +proceed at once to elect and initiate him. In some jurisdictions, the +nature of the emergency must be stated to the Grand Master, who, if he +approves, will grant a dispensation; but, in others, the Master, or Master +and Wardens, are permitted to be competent judges, and may proceed to +elect and initiate, without such dispensation. The Grand Lodge of South +Carolina adheres to the former custom, and that of England to the latter. + +Another regulation is, that no lodge can confer more than two degrees, at +one communication, on the same candidate. The Grand Lodge of England is +still more stringent on this subject, and declares that "no candidate +shall be permitted to receive more than one degree, on the same day; nor +shall a higher degree in Masonry be conferred on any Brother at a less +interval than four weeks from his receiving a previous degree, nor until +he has passed an examination, in open lodge, in that degree." This rule is +also in force in South Carolina and several other of the American +jurisdictions. But, the law which forbids the whole three degrees of +Ancient Craft Masonry to be conferred, at the same communication, on one +candidate, is universal in its application, and, as such, may be deemed +one of the ancient landmarks of the Order. + +There is another rule, which seems to be of universal extent, and is, +indeed, contained in the General Regulations of 1767, to the following +effect: "No lodge shall make more than five new Brothers at one and the +same time, without an urgent necessity." + +All lodges are bound to hold their meetings at least once in every +calendar month; and every lodge neglecting so to do for one year, thereby +forfeits its warrant of constitution. + +The subject of the removal of lodges is the last thing that shall engage +our attention. Here the ancient regulations of the craft have adopted many +guards to prevent the capricious or improper removal of a lodge from its +regular place of meeting. In the first place, no lodge can be removed from +the town in which it is situated, to any other place, without the consent +of the Grand Lodge. But, a lodge may remove from one part of the town to +another, with the consent of the members, under the following +restrictions: The removal cannot be made without the Master's knowledge; +nor can any motion, for that purpose, be presented in his absence. When +such a motion is made, and properly seconded, the Master will order +summonses to every member, specifying the business, and appointing a day +for considering and determining the affair. And if then a majority of the +lodge, with the Master, or two-thirds, without him, consent to the +removal, it shall take place; but notice thereof must be sent, at once, to +the Grand Lodge. The General Regulations of 1767 further declare, that +such removal must be approved by the Grand Master. I suppose that where +the removal of the lodge was only a matter of convenience to the members, +the Grand Lodge would hardly interfere, but leave the whole subject to +their discretion; but, where the removal would be calculated to affect the +interests of the lodge, or of the fraternity--as in the case of a removal +to a house of bad reputation, or to a place of evident insecurity--I have +no doubt that the Grand Lodge, as the conservator of the character and +safety of the institution, would have a right to interpose its authority, +and prevent the improper removal. + +I have thus treated, as concisely as the important nature of the subjects +would permit, of the powers, privileges, duties, and obligations of +lodges, and have endeavored to embrace, within the limits of the +discussion, all those prominent principles of the Order, which, as they +affect the character and operations of the craft in their primary +assemblies, may properly be referred to the Law of Subordinate Lodges. + + + + +Chapter IV. + +Of the Officers of a Subordinate Lodge. + + + +Section I. + +_Of the Officers in General._ + + +Four officers, at least, the ancient customs of the craft require in every +lodge; and they are consequently found throughout the globe. These are the +Master, the two Wardens, and the Tiler. Almost equally universal are the +offices of Treasurer, Secretary, and two Deacons. But, besides these, +there may be additional officers appointed by different Grand Lodges. The +Grand Lodge of England, for instance, requires the appointment of an +officer, called the "Inner Guard." The Grand Orient of France has +prescribed a variety of officers, which are unknown to English and +American Masonry. The Grand Lodges of England and South Carolina direct +that two Stewards shall be appointed, while some other Grand Lodges make +no such requisition. Ancient usage seems to have recognized the following +officers of a subordinate lodge: the Master, two Wardens, Treasurer, +Secretary, two Deacons, two Stewards, and Tiler; and I shall therefore +treat of the duties and powers of these officers only, in the course of +the present chapter. + +The officers of a lodge are elected annually. In this country, the +election takes place on the festival of St. John the Evangelist, or at the +meeting immediately previous; but, in this latter case, the duties of the +offices do not commence until St. John's day, which may, therefore, be +considered as the beginning of the masonic year. + +Dalcho lays down the rule, that "no Freemason chosen into any office can +refuse to serve (unless he has before filled the same office), without +incurring the penalties established by the bye-laws." Undoubtedly a lodge +may enact such a regulation, and affix any reasonable penalty; but I am +not aware of any ancient regulation which makes it incumbent on +subordinate lodges to do so. + +If any of the subordinate officers, except the Master and Wardens, die, or +be removed from office, during the year, the lodge may, under the +authority of a dispensation from the Grand Master, enter into an election +to supply the vacancy. But in the case of the death or removal of the +Master or either of the Wardens, no election can be held to supply the +vacancy, even by dispensation, for reasons which will appear when I come +to treat of those offices. + +No officer can resign his office after he has been installed. Every +officer is elected for twelve months, and at his installation solemnly +promises to perform the duties of that office until the next regular day +of election; and hence the lodge cannot permit him, by a resignation, to +violate his obligation of office. + +Another rule is, that every officer holds on to his office until his +successor has been installed. It is the installation, and not the +election, which puts an officer into possession; and the faithful +management of the affairs of Masonry requires, that between the election +and installation of his successor, the predecessor shall not vacate the +office, but continue to discharge its duties. + +An office can be vacated only by death, permanent removal from the +jurisdiction, or expulsion. Suspension does not vacate, but only suspends +the performance of the duties of the office, which must then be +temporarily discharged by some other person, to be appointed from time to +time; for, as soon as the suspended officer is restored, he resumes the +dignities and duties of his office. + + + +Section II. + +_Of the Worshipful Master._ + + +This is probably the most important office in the whole system of Masonry, +as, upon the intelligence, skill, and fidelity of the Masters of our +lodges, the entire institution is dependent for its prosperity. It is an +office which is charged with heavy responsibilities, and, as a just +consequence, is accompanied by the investiture of many important powers. + +A necessary qualification of the Master of a lodge is, that he must have +previously served in the office of a Warden.[48] This qualification is +sometimes dispensed with in the case of new lodges, or where no member of +an old lodge, who has served as a Warden, will accept the office of +Master. But it is not necessary that he should have served as a Warden in +the lodge of which he is proposed to be elected Master. The discharge of +the duties of a Warden, by regular election and installation in any other +lodge, and at any former period, will be a sufficient qualification. + +One of the most important duties of the Master of a lodge is, to see that +the edicts and regulations of the Grand Lodge are obeyed by his Brethren, +and that his officers faithfully discharge their duties. + +The Master has particularly in charge the warrant of Constitution, which +must always be present in his lodge, when opened. + +The Master has a right to call a special meeting of his lodge whenever he +pleases, and is the sole judge of any emergency which may require such +special communication. + +He has, also, the right of closing his lodge at any hour that he may deem +expedient, notwithstanding the whole business of the evening may not have +been transacted. This regulation arises from the unwritten law of Masonry. +As the Master is responsible to the Grand Lodge for the fidelity of the +work done in his lodge, and as the whole of the labor is, therefore, +performed under his superintendence, it follows that, to enable him to +discharge this responsibility, he must be invested with the power of +commencing, of continuing, or of suspending labor at such time as he may, +in his wisdom, deem to be the most advantageous to the edifice of Masonry. + +It follows from this rule that a question of adjournment cannot be +entertained in a lodge. The adoption of a resolution to adjourn, would +involve the necessity of the Master to obey it. The power, therefore, of +controlling the work, would be taken out of his hands and placed in those +of the members, which would be in direct conflict with the duties imposed +upon him by the ritual. The doctrine that a lodge cannot adjourn, but must +be closed or called off at the pleasure of the Master, appears now to me +to be very generally admitted. + +The Master and his two Wardens constitute the representatives of the lodge +in the Grand Lodge, and it is his duty to attend the communications of +that body "on all convenient occasions."[49] When there, he is faithfully +to represent his lodge, and on all questions discussed, to obey its +instructions, voting in every case rather against his own convictions than +against the expressed wish of his lodge. + +The Master presides not only over the symbolic work of the lodge, but +also over its business deliberations, and in either case his decisions are +reversible only by the Grand Lodge. There can be no appeal from his +decision, on any question, to the lodge. He is supreme in his lodge, so +far as the lodge is concerned, being amenable for his conduct in the +government of it, not to its members, but to the Grrand Lodge alone. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. If a member is aggrieved by the +conduct or decisions of the Master, he has his redress by an appeal to the +Grrand Lodge, which will, of course, see that the Master does not rule his +lodge "in an unjust or arbitrary manner." But such a thing as an appeal +from the Master of the lodge to its members is unknown in Masonry. + +This may, at first sight, appear to be giving too despotic power to the +Master. But a slight reflection will convince any one that there can be +but little danger of oppression from one so guarded and controlled as a +Master is, by the sacred obligations of his office, and the supervision of +the Grand Lodge, while the placing in the hands of the craft so powerful, +and at times, and with bad spirits, so annoying a privilege as that of +immediate appeal, would necessarily tend to impair the energies and +lessen the dignity of the Master, while it would be subversive of that +spirit of discipline which pervades every part of the institution, and to +which it is mainly indebted for its prosperity and perpetuity. + +The ancient charges rehearsed at the installation of a Master, prescribe +the various moral qualifications which are required in the aspirant for +that elevated and responsible office. He is to be a good man, and +peaceable citizen or subject, a respecter of the laws, and a lover of his +Brethren--cultivating the social virtues and promoting the general good of +society as well as of his own Order. + +Within the last few years, the standard of intellectual qualifications has +been greatly elevated. And it is now admitted that the Master of a lodge, +to do justice to the exalted office which he holds, to the craft over whom +he presides, and to the candidates whom he is to instruct, should be not +only a man of irreproachable moral character, but also of expanded +intellect and liberal education. Still, as there is no express law upon +this subject, the selection of a Master and the determination of his +qualifications must be left to the judgment and good sense of the +members. + + + +Section III. + +_Of the Wardens._ + + +The Senior and Junior Warden are the assistants of the Master in the +government of the lodge. They are selected from among the members on the +floor, the possession of a previous office not being, as in the case of +the Master, a necessary qualification for election. In England they are +appointed by the Master, but in this country they are universally elected +by the lodge. + +During the temporary absence of the Master the Senior Warden has the right +of presiding, though he may, and often does by courtesy, invite a Past +Master to assume the chair. In like manner, in the absence of both Master +and Senior Warden, the Junior Warden will preside, and competent Brethren +will by him be appointed to fill the vacant seats of the Wardens. But if +the Master and Junior Warden be present, and the Senior Warden be absent, +the Junior Warden does not occupy the West, but retains his own station, +the Master appointing some Brother to occupy the station of the Senior +Warden. For the Junior Warden succeeds by law only to the office of +Master, and, unless that office be vacant, he is bound to fulfill the +duties of the office to which he has been obligated. + +In case of the death, removal from the jurisdiction, or expulsion of the +Master, by the Grand Lodge, no election can be held until the +constitutional period. The Senior Warden will take the Master's place and +preside over the lodge, while his seat will be temporarily filled from +time to time by appointment. The Senior Warden being in fact still in +existence, and only discharging one of the highest duties of his office, +that of presiding in the absence of the Master, his office cannot be +declared vacant and there can be no election for it. In such case, the +Junior Warden, for the reason already assigned, will continue at his own +station in the South. + +In case of the death, removal, or expulsion of both Master and Senior +Warden, the Junior Warden will discharge the duties of the Mastership and +make temporary appointments of both Wardens. It must always be remembered +that the Wardens succeed according to seniority to the office of Master +when vacant, but that neither can legally discharge the duties of the +other. It must also be remembered that when a Warden succeeds to the +government of the lodge, he does not become the Master; he is still only +a Warden discharging the functions of a higher vacated station, as one of +the expressed duties of his own office. A recollection of these +distinctions will enable us to avoid much embarrassment in the +consideration of all the questions incident to this subject. If the Master +be present, the Wardens assist him in the government of the lodge. The +Senior Warden presides over the craft while at labor, and the Junior when +they are in refreshment. Formerly the examination of visitors was +intrusted to the Junior Warden, but this duty is now more appropriately +performed by the Stewards or a special committee appointed for that +purpose. + +The Senior Warden has the appointment of the Senior Deacon, and the Junior +Warden that of the Stewards. + + + +Section IV. + +_Of the Treasurer._ + + +Of so much importance is this office deemed, that in English Lodges, while +all the other officers are appointed by the Master, the Treasurer alone is +elected by the lodge. It is, however, singular, that in the ritual of +installation, Preston furnishes no address to the Treasurer on his +investiture. Webb, however, has supplied the omission, and the charge +given in his work to this officer, on the night of his installation, +having been universally acknowledged and adopted by the craft in this +country, will furnish us with the most important points of the law in +relation to his duties. + +It is, then, in the first place, the duty of the Treasurer "to receive all +moneys from the hands of the Secretary." The Treasurer is only the banker +of the lodge. All fees for initiation, arrearages of members, and all +other dues to the lodge, should be first received by the Secretary, and +paid immediately over to the Treasurer for safe keeping. + +The keeping of just and regular accounts is another duty presented to the +Treasurer. As soon as he has received an amount of money from the +Secretary, he should transfer the account of it to his books. By this +means, the Secretary and Treasurer become mutual checks upon each other, +and the safety of the funds of the lodge is secured. + +The Treasurer is not only the banker, but also the disbursing officer of +the lodge; but he is directed to pay no money except with the consent of +the lodge and on the order of the Worshipful Master. It seems to me, +therefore, that every warrant drawn on him should be signed by the Master, +and the action of the lodge attested by the counter-signature of the +Secretary. + +It is usual, in consequence of the great responsibility of the Treasurer, +to select some Brother of worldly substance for the office; and still +further to insure the safety of the funds, by exacting from him a bond, +with sufficient security. He sometimes receives a per centage, or a fixed +salary, for his services. + + + +Section V. + +_Of the Secretary._ + + +It is the duty of the Secretary to record all the proceedings of the +lodge, "which may be committed to paper;" to conduct the correspondence of +the lodge, and to receive all moneys due the lodge from any source +whatsoever. He is, therefore, the recording, corresponding, and receiving +officer of the lodge. By receiving the moneys due to the lodge in the +first place, and then paying them over to the Treasurer, he becomes, as I +have already observed, a check upon that officer. + +In view of the many laborious duties which devolve upon him, the +Secretary, in many lodges, receives a compensation for his services. + +Should the Treasurer or Secretary die or be expelled, there is no doubt +that an election for a successor, to fill the unexpired term, may be held +by dispensation from the Grand Master. But the incompetency of either of +these officers to perform his duties, by reason of the infirmity of +sickness or removal from the seat of the lodge, will not, I think, +authorize such an election. Because the original officer may recover from +his infirmity, or return to his residence, and, in either case, having +been elected and installed for one year, he must remain the Secretary or +Treasurer until the expiration of the period for which he had been so +elected and installed, and, therefore, on his recovery or his return, is +entitled to resume all the prerogatives and functions of his office. The +case of death, or of expulsion, which is, in fact, masonic death, is +different, because all the rights possessed during life cease _ex +necessitate rei_, and forever lapse at the time of the said physical or +masonic death; and in the latter case, a restoration to all the rights and +privileges of Masonry would not restore the party to any office which he +had held at the time of his expulsion. + + + +Section VI. + +_Of the Deacons._ + + +In every lodge there are two of these officers--a Senior and a Junior +Deacon. They are not elected, but appointed; the former by the Master, and +the latter by the Senior Warden. + +The duties of these officers are many and important; but they are so well +defined in the ritual as to require no further consideration in this +place. + +The only question that here invites our examination is, whether the +Deacons, as appointed officers, are removable at the pleasure of the +officers who appointed them; or, whether they retain their offices, like +the Master and Wardens, until the expiration of the year. Masonic +authorities are silent on this subject; but, basing my judgment upon +analogy, I am inclined to think that they are not removable: all the +officers of a lodge are chosen to serve for one year, or, from one +festival of St. John the Evangelist to the succeeding one. This has been +the invariable usage in all lodges, and neither in the monitorial +ceremonies of installation, nor in any rules or regulations which I have +seen, is any exception to this usage made in respect to Deacons. The +written as well as the oral law of Masonry being silent on this subject, +we are bound to give them the benefit of this silence, and place them in +the same favorable position as that occupied by the superior officers, +who, we know, by express law are entitled to occupy their stations for one +year. Moreover, the power of removal is too important to be exercised +except under the sanction of an expressed law, and is contrary to the +whole spirit of Masonry, which, while it invests a presiding officer with +the largest extent of prerogative, is equally careful of the rights of the +youngest member of the fraternity. + +From these reasons I am compelled to believe that the Deacons, although +originally appointed by the Master and Senior Warden, are not removable by +either, but retain their offices until the expiration of the year. + + + +Section VII. + +_Of the Stewards._ + + +The Stewards, who are two in number, are appointed by the Junior Warden, +and sit on the right and left of him in the lodge. Their original duties +were, "to assist in the collection of dues and subscriptions; to keep an +account of the lodge expenses; to see that the tables are properly +furnished at refreshment, and that every Brother is suitably provided +for." They are also considered as the assistants of the Deacons in the +discharge of their duties, and, lately, some lodges are beginning to +confide to them the important trusts of a standing committee for the +examination of visitors and the preparation of candidates. + +What has been said in relation to the removal of the Deacons in the +preceding section, is equally applicable to the Stewards. + + + +Section VIII. + +_Of the Tiler._ + + +This is an office of great importance, and must, from the peculiar nature +of our institution, have existed from its very beginning. No lodge could +ever have been opened until a Tiler was appointed, and stationed to guard +its portals from the approach of "cowans and eavesdroppers." The +qualifications requisite for the office of a Tiler are, that he must be "a +worthy Master Mason." An Entered Apprentice, or a Fellow Craft, cannot +tile a lodge, even though it be opened in his own degree. To none but +Master Masons can this important duty of guardianship be intrusted. The +Tiler is not necessarily a member of the lodge which he tiles. There is no +regulation requiring this qualification. In fact, in large cities, one +Brother often acts as the Tiler of several lodges. If, however, he is a +member of the lodge, his office does not deprive him of the rights of +membership, and in ballotings for candidates, election of officers, or +other important questions, he is entitled to exercise his privilege of +voting, in which case the Junior Deacon will temporarily occupy his +station, while he enters the lodge to deposit his ballot. This appears to +be the general usage of the craft in this country. + +The Tiler is sometimes elected by the lodge, and sometimes appointed by +the Master. It seems generally to be admitted that he may be removed from +office for misconduct or neglect of duty, by the lodge, if he has been +elected, and by the Master, if he has been appointed. + + + + +Chapter V. + +Of Rules of Order. + + + +The safety of the minority, the preservation of harmony, and the dispatch +of business, all require that there should be, in every well-regulated +society, some rules and forms for the government of their proceedings, +and, as has been justly observed by an able writer on parliamentary law, +"whether these forms be in all cases the most rational or not, is really +not of so great importance; for it is much more material that there should +be a rule to go by, than what that rule is."[50] By common consent, the +rules established for the government of Parliament in England, and of +Congress in the United States, and which are known collectively under the +name of "Parliamentary Law," have been adopted for the regulation of all +deliberative bodies, whether of a public or private nature. But lodges of +Freemasons differ so much in their organization and character from other +societies, that this law will, in very few cases, be found applicable; +and, indeed, in many positively inapplicable to them. The rules, +therefore, for the government of masonic lodges are in general to be +deduced from the usages of the Order, from traditional or written +authority, and where both of them are silent, from analogy to the +character of the institution. To each of these sources, therefore, I shall +apply, in the course of the present chapter, and in some few instances, +where the parliamentary law coincides with our own, reference will be made +to the authority of the best writers on that science. + + + +Section I. + +_Of the Order of Business._ + + +When the Brethren have been "congregated," or called together by the +presiding officer, the first thing to be attended to is the ceremony of +opening the lodge. The consideration of this subject, as it is +sufficiently detailed in our ritual, will form no part of the present +work. + +The lodge having been opened, the next thing to be attended to is the +reading of the minutes of the last communication. The minutes having been +read, the presiding officer will put the question on their confirmation, +having first inquired of the Senior and Junior Wardens, and lastly of the +Brethren "around the lodge," whether they have any alterations to propose. +It must be borne in mind, that the question of confirmation is simply a +question whether the Secretary has faithfully and correctly recorded the +transactions of the lodge. If, therefore, it can be satisfactorily shown +by any one that there is a mis-entry, or the omission of an entry, this is +the time to correct it; and where the matter is of sufficient importance, +and the recording officer, or any member disputes the charge of error, the +vote of the lodge will be taken on the subject, and the journal will be +amended or remain as written, according to the opinion so expressed by the +majority of the members. As this is, however, a mere question of memory, +it must be apparent that those members only who were present at the +previous communication, the records of which are under examination, are +qualified to express a fair opinion. All others should ask and be +permitted to be excused from voting. + +As no special communication can alter or amend the proceedings of a +regular one, it is not deemed necessary to present the records of the +latter to the inspection of the former. This preliminary reading of the +minutes is, therefore, always omitted at special communications. + +After the reading of the minutes, unfinished business, such as motions +previously submitted and reports of committees previously appointed, will +take the preference of all other matters. Special communications being +called for the consideration of some special subject, that subject must of +course claim the priority of consideration over all others. + +In like manner, where any business has been specially and specifically +postponed to another communication, it constitutes at that communication +what is called, in parliamentary law, "the order of the day," and may at +any time in the course of the evening be called up, to the exclusion of +all other business. + +The lodge may, however, at its discretion, refuse to take up the +consideration of such order; for the same body which determined at one +time to consider a question, may at another time refuse to do so. This is +one of those instances in which parliamentary usage is applicable to the +government of a lodge. Jefferson says: "Where an order is made, that any +particular matter be taken up on any particular day, there a question is +to be put, when it is called for, Whether the house will now proceed to +that matter?" In a lodge, however, it is not the usage to propose such a +question, but the matter being called up, is discussed and acted on, +unless some Brother moves its postponement, when the question of +postponement is put. + +But with these exceptions, the unfinished business must first be disposed +of, to avoid its accumulation and its possible subsequent neglect.[51] + +New business will then be taken up in such order as the local bye-laws +prescribe, or the wisdom of the Worshipful Master may suggest. + +In a discussion, when any member wishes to speak, he must stand up in his +place, and address himself not to the lodge, nor to any particular +Brother, but to the presiding officer, styling him "Worshipful." + +When two or more members rise nearly together, the presiding officer +determines who is entitled to speak, and calls him by his name, whereupon +he proceeds, unless he voluntarily sits down, and gives way to the other. +The ordinary rules of courtesy, which should govern a masonic body above +all other societies, as well as the general usage of deliberative bodies, +require that the one first up should be entitled to the floor. But the +decision of this fact is left entirely to the Master, or presiding +officer. + +Whether a member be entitled to speak once or twice to the same question, +is left to the regulation of the local bye-laws of every lodge. But, under +all circumstances, it seems to be conceded, that a member may rise at any +time with the permission of the presiding officer, or for the purpose of +explanation. + +A member may be called to order by any other while speaking, for the use +of any indecorous remark, personal allusion, or irrelevant matter; but +this must be done in a courteous and conciliatory manner, and the question +of order will at once be decided by the presiding officer. + +No Brother is to be interrupted while speaking, except for the purpose of +calling him to order, or to make a necessary explanation; nor are any +separate conversations, or, as they are called in our ancient charges, +"private committees," to be allowed. + +Every member of the Order is, in the course of the debate as well as at +all other times in the lodge, to be addressed by the title of "Brother," +and no secular or worldly titles are ever to be used. + +In accordance with the principles of justice, the parliamentary usage is +adopted, which permits the mover of a resolution to make the concluding +speech, that he may reply to all those who have spoken against it, and sum +up the arguments in its favor. And it would be a breach of order as well +as of courtesy for any of his opponents to respond to this final argument +of the mover. + +It is within the discretion of the Master, at any time in the course of +the evening, to suspend the business of the lodge for the purpose of +proceeding to the ceremony of initiation, for the "work" of Masonry, as it +is technically called, takes precedence of all other business. + +When all business, both old and new, and the initiation of candidates, if +there be any, has been disposed of, the presiding officer inquires of the +officers and members if there be anything more to be proposed before +closing. Custom has prescribed a formulary for making this inquiry, which +is in the following words. + +The Worshipful Master, addressing the Senior and Junior Wardens and then +the Brethren, successively, says: "Brother Senior, have you anything to +offer in the West for the good of Masonry in general or of this lodge in +particular? Anything in the South, Brother Junior? Around the lodge, +Brethren?" The answers to these inquiries being in the negative on the +part of the Wardens, and silence on that of the craft, the Master proceeds +to close the lodge in the manner prescribed in the ritual. + +The reading of the minutes of the evening, not for confirmation, but for +suggestion, lest anything may have been omitted, should always precede the +closing ceremonies, unless, from the lateness of the hour, it be dispensed +with by the members. + + + +Section II. + +_Of Appeals from the Decision of the Chair._ + + +Freemasonry differs from all other institutions, in permitting no appeal +to the lodge from the decision of the presiding officer. The Master is +supreme in his lodge, so far as the lodge is concerned. He is amenable +for his conduct, in the government of the lodge, not to its members, but +to the Grand Lodge alone. In deciding points of order as well as graver +matters, no appeal can be taken from that decision to the lodge. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. It is, in fact, wrong that the +Master should even by courtesy permit such an appeal to be taken; because, +as the Committee of Correspondence of the Grand Lodge of Tennessee have +wisely remarked, by the admission of such appeals by _courtesy_, "is +established ultimately a precedent from which will be claimed _the right +to take_ appeals."[52] If a member is aggrieved with the conduct or the +decisions of the Master, he has his redress by an appeal to the Grand +Lodge, which will of course see that the Master does not rule his lodge +"in an unjust or arbitrary manner." But such a thing as an appeal from the +Master to the lodge is unknown in Masonry. + +This, at first view, may appear to be giving too despotic a power to the +Master. But a little reflection will convince any one that there can be +but slight danger of oppression from one so guarded and controlled as the +Master is by the obligations of his office and the superintendence of the +Grand Lodge, while the placing in the hands of the craft so powerful, and, +with bad spirits, so annoying a privilege as that of immediate appeal, +would necessarily tend to impair the energies and lessen the dignity of +the Master, at the same time that it would be totally subversive of that +spirit of strict discipline which pervades every part of the institution, +and to which it is mainly indebted for its prosperity and perpetuity. + +In every case where a member supposes himself to be aggrieved by the +decision of the Master, he should make his appeal to the Grand Lodge. + +It is scarcely necessary to add, that a Warden or Past Master, presiding +in the absence of the Master, assumes for the time all the rights and +prerogatives of the Master. + + + +Section III. + +_Of the Mode of Taking the Question._ + + +The question in Masonry is not taken _viva voce_ or by "aye" and "nay." +This should always be done by "a show of hands." The regulation on this +subject was adopted not later than the year 1754, at which time the Book +of Constitutions was revised, "and the necessary alterations and additions +made, consistent with the laws and rules of Masonry," and accordingly, in +the edition published in the following year, the regulation is laid down +in these words--"The opinions or votes of the members are always to be +signified by each holding up one of his hands: which uplifted hands the +Grand Wardens are to count; unless the number of hands be so unequal as to +render the counting useless. Nor should any other kind of division be ever +admitted among Masons."[53] + +Calling for the yeas and nays has been almost universally condemned as an +unmasonic practice, nor should any Master allow it to be resorted to in +his lodge. + +Moving the "previous question," a parliamentary invention for stopping all +discussion, is still more at variance with the liberal and harmonious +spirit which should distinguish masonic debates, and is, therefore, never +to be permitted in a lodge. + + + +Section IV. + +_Of Adjournments._ + + +Adjournment is a term not recognized in Masonry. There are but two ways in +which the communication of a lodge can be terminated; and these are either +by _closing_ the lodge, or by _calling from labor to refreshment_. In the +former case the business of the communication is finally disposed of until +the next communication; in the latter the lodge is still supposed to be +open and may resume its labors at any time indicated by the Master. + +But both the time of closing the lodge and of calling it from labor to +refreshment is to be determined by the absolute will and the free judgment +of the Worshipful Master, to whom alone is intrusted the care of "setting +the craft to work, and giving them wholesome instruction for labor." He +alone is responsible to the Grand Master and the Grand Lodge, that his +lodge shall be opened, continued, and closed in harmony; and as it is by +his "will and pleasure" only that it is opened, so is it by his "will and +pleasure" only that it can be closed. Any attempt, therefore, on the part +of the lodge to entertain a motion for adjournment would be an +infringement of this prerogative of the Master. Such a motion is, +therefore, always out of order, and cannot be; and cannot be acted on. + +The rule that a lodge cannot adjourn, but remain in session until closed +by the Master, derives an authoritative sanction also from the following +clause in the fifth of the Old Charges. + +"All Masons employed shall meekly receive their wages without murmuring or +mutiny, _and not desert the Master till the work is finished_." + + + +Section V. + +_Of the Appointment of Committees._ + + +It is the prerogative of the Master to appoint all Committees, unless by a +special resolution provision has been made that a committee shall +otherwise be appointed. + +The Master is also, _ex officio_, chairman of every committee which he +chooses to attend, although he may not originally have been named a member +of such committee. But he may, if he chooses, waive this privilege; yet he +may, at any time during the session of the committee, reassume his +inherent prerogative of governing the craft at all times when in his +presence, and therefore take the chair. + + + +Section VI. + +_Of the Mode of Keeping the Minutes._ + + +Masonry is preeminently an institution of forms, and hence, as was to be +expected, there is a particular form provided for recording the +proceedings of a lodge. Perhaps the best method of communicating this form +to the reader will be, to record the proceedings of a supposititious +meeting or communication. + +The following form, therefore, embraces the most important transactions +that usually occur during the session of a lodge, and it may serve as an +exemplar, for the use of secretaries. + +"A regular communication of ---- Lodge, NO. ----, was holden at ----; on +----, the ---- day of ----A.: L.: 58--. + + Present. + + Bro.: A. B----, W.: Master. + " B. C----, S.: Warden. + " C. D----, J.: Warden. + " D. E----, Treasurer. + " E. F----, Secretary. + " F. G----, S.: Deacon. + " G. H----, J.: Deacon. + " H. I----, } Stewards. + " I. K----, } + " K. L----, Tiler. + + _Members._ + Bro.: L. M---- + M. N---- + N. O---- + O. P---- + + _Visitors._ + P. Q---- + Q. R---- + R. S---- + S. T---- + +The Lodge was opened in due form on the third degree of Masonry. + +"The minutes of the regular communication of ---- were read and +confirmed.[54] + +"The committee on the petition of Mr. C. B., a candidate for initiation, +reported favorably, whereupon he was balloted for and duly elected. + +"The committee on the application of Mr. D. C., a candidate for +initiation, reported favorably, whereupon he was balloted for, and the box +appearing foul he was rejected. + +"The committee on the application of Mr. E. D., a candidate for initiation, +having reported unfavorably, he was declared rejected without a ballot. + +"The petition of Mr. F. E., a candidate for initiation, having been +withdrawn by his friends, he was declared rejected without a ballot. + +"A petition for initiation from Mr. G.F., inclosing the usual amount and +recommended by Bros. C. D.---- and H. I.----, was referred to a committee +of investigation consisting of Bros. G. H.----, L. M.----, and O. P.----. + +"Bro. S.R., an Entered Apprentice, having applied for advancement, was +duly elected to take the second degree; and Bro. W.Y., a Fellow Craft, +was, on his application for advancement, duly elected to take the third +degree. + +"A letter was read from Mrs. T. V.----, the widow of a Master Mason, when +the sum of twenty dollars was voted for her relief. + +"The amendment to article 10, section 5 of the bye-laws, proposed by Bro. +M. N. ---- at the communication of ----, was read a third time, adopted by +a constitutional majority and ordered to be sent to the Grand Lodge for +approval and confirmation. + +"The Lodge of Master Masons was then closed, and a lodge of Entered +Apprentices opened in due form. + +"Mr. C. B., a candidate for initiation, being in waiting, was duly +prepared, brought forward and initiated as an Entered Apprentice, he +paying the usual fee. + +"The Lodge of Entered Apprentices was then closed, and a Lodge of Fellow +Crafts opened in due form. + +"Bro. S. R., an Entered Apprentice, being in waiting, was duly prepared, +brought forward and passed to the degree of a Fellow Craft, he paying the +usual fee. + +"The Lodge of Fellow Crafts was then closed, and a lodge of Master Masons +opened in due form. + +"Bro. W. Y., a Fellow Craft, being in waiting, was duly prepared, brought +forward and raised to the sublime degree of a Master Mason, he paying the +usual fee. + +Amount received this evening, as follows: + + Petition of Mr. G. F., $5 + Fee of Bro. C. B., 5 + do. of Bro. S. R., 5 + do. of Bro. W. Y., 5--Total, $20 + +all of which was paid over to the Treasurer. + +There being no further business, the lodge was closed in due form and +harmony. + +E. F----, + +_Secretary._ + +Such is the form which has been adopted as the most convenient mode of +recording the transactions of a lodge. These minutes must be read, at the +close of the meeting, that the Brethren may suggest any necessary +alterations or additions, and then at the beginning of the next regular +meeting, that they may be confirmed, after which they should be +transcribed from the rough Minute Book in which they were first entered +into the permanent Record Book of the lodge. + + + + + +Book Third. + +The Law Of Individuals. + + + +Passing from the consideration of the law, which refers to Masons in their +congregated masses, as the constituents of Grand and Subordinate Lodges, I +next approach the discussion of the law which governs, them in their +individual capacity, whether in the inception of their masonic life, as +candidates for initiation, or in their gradual progress through each of +the three degrees, for it will be found that a Mason, as he assumes new +and additional obligations, and is presented with increased light, +contracts new duties, and is invested with new prerogatives and +privileges. + + + + +Chapter I. + +Of the Qualifications of Candidates. + + + +The qualifications of a candidate for initiation into the mysteries of +Freemasonry, are four-fold in their character--moral, physical, +intellectual and political. + +The moral character is intended to secure the respectability of the Order, +because, by the worthiness of its candidates, their virtuous deportment, +and good reputation, will the character of the institution be judged, +while the admission of irreligious libertines and contemners of the moral +law would necessarily impair its dignity and honor. + +The physical qualifications of a candidate contribute to the utility of +the Order, because he who is deficient in any of his limbs or members, and +who is not in the possession of all his natural senses and endowments, is +unable to perform, with pleasure to himself or credit to the fraternity, +those peculiar labors in which all should take an equal part. He thus +becomes a drone in the hive, and so far impairs the usefulness of the +lodge, as "a place where Freemasons assemble to work, and to instruct and +improve themselves in the mysteries of their ancient science." + +The intellectual qualifications refer to the security of the Order; +because they require that its mysteries shall be confided only to those +whose mental developments are such as to enable them properly to +appreciate, and faithfully to preserve from imposition, the secrets thus +entrusted to them. It is evident, for instance, that an idiot could +neither understand the hidden doctrines that might be communicated to him, +nor could he so secure such portions as he might remember, in the +"depositary of his heart," as to prevent the designing knave from worming +them out of him; for, as the wise Solomon has said, "a fool's mouth is his +destruction, and his lips are the snare of his soul." + +The political qualifications are intended to maintain the independence of +the Order; because its obligations and privileges are thus confided only +to those who, from their position in society, are capable of obeying the +one, and of exercising the other without the danger of let or hindrance +from superior authority. + +Of the moral, physical and political qualifications of a candidate there +can be no doubt, as they are distinctly laid down in the ancient charges +and constitutions. The intellectual are not so readily decided. + +These four-fold qualifications may be briefly summed up in the following +axioms. + +_Morally_, the candidate must be a man of irreproachable conduct, a +believer in the existence of God, and living "under the tongue of good +report." + +_Physically_, he must be a man of at least twenty-one years of age, +upright in body, with the senses of a man, not deformed or dismembered, +but with hale and entire limbs as a _man_ ought to be. + +_Intellectually_, he must be a man in the full possession of his +intellects, not so young that his mind shall not have been formed, nor so +old that it shall have fallen into dotage; neither a fool, an idiot, nor a +madman; and with so much education as to enable him to avail himself of +the teachings of Masonry, and to cultivate at his leisure a knowledge of +the principles and doctrines of our royal art. + +_Politically_, he must be in the unrestrained enjoyment of his civil and +personal liberty, and this, too, by the birthright of inheritance, and not +by its subsequent acquisition, in consequence of his release from +hereditary bondage. + +The lodge which strictly demands these qualifications of its candidates +may have fewer members than one less strict, but it will undoubtedly have +better ones. + +But the importance of the subject demands for each class of the +qualifications a separate section, and a more extended consideration. + + + +Section I. + +_Of the Moral Qualifications of Candidates._ + + +The old charges state, that "a Mason is obliged by his tenure to obey the +moral law." It is scarcely necessary to say, that the phrase, "moral law," +is a technical expression of theology, and refers to the Ten Commandments, +which are so called, because they define the regulations necessary for the +government of the morals and manners of men. The habitual violation of any +one of these commands would seem, according to the spirit of the Ancient +Constitutions, to disqualify a candidate for Masonry. + +The same charges go on to say, in relation to the religious character of a +Mason, that he should not be "a stupid atheist, nor an irreligious +libertine." A denier of the existence of a Supreme Architect of the +Universe cannot, of course, be obligated as a Mason, and, accordingly, +there is no landmark more certain than that which excludes every atheist +from the Order. + +The word "libertine" has, at this day, a meaning very different from what +it bore when the old charges were compiled. It then signified what we now +call a "free-thinker," or disbeliever in the divine revelation of the +Scriptures. This rule would therefore greatly abridge the universality and +tolerance of the Institution, were it not for the following qualifying +clause in the same instrument:-- + +"Though in ancient times Masons were charged in every country to be of the +religion of that country or nation, whatever it was, yet it is now thought +more expedient only to oblige them to that religion in which all men +agree, leaving their particular opinions to themselves; that is, to be +good men and true, or men of honor and honesty, by whatever denominations +or persuasions they may be distinguished." + +The construction now given universally to the religious qualification of a +candidate, is simply that he shall have a belief in the existence and +superintending control of a Supreme Being. + +These old charges from which we derive the whole of our doctrine as to the +moral qualifications of a candidate, further prescribe as to the political +relations of a Mason, that he is to be "a peaceable subject to the civil +powers, wherever he resides or works, and is never to be concerned in +plots and conspiracies against the peace and welfare of the nation, nor to +behave himself undutifully to inferior magistrates. He is cheerfully to +conform to every lawful authority; to uphold on every occasion the +interest of the community, and zealously promote the prosperity of his own +country." + +Such being the characteristics of a true Mason, the candidate who desires +to obtain that title, must show his claim to the possession of these +virtues; and hence the same charges declare, in reference to these moral +qualifications, that "The persons made Masons, or admitted members of a +lodge, must be good and true men--no immoral or scandalous men, but of +good report." + + + +Section II. + +_Of the Physical Qualifications of Candidates._ + + +The physical qualifications of a candidate refer to his sex, his age, and +the condition of his limbs. + +The first and most important requisite of a candidate is, that he shall be +"_a man_." No woman can be made a Mason. This landmark is so indisputable, +that it would be wholly superfluous to adduce any arguments or authority +in its support. + +As to age, the old charges prescribe the rule, that the candidate must be +"of mature and discreet age." But what is the precise period when one is +supposed to have arrived at this maturity and discretion, cannot be +inferred from any uniform practice of the craft in different countries. +The provisions of the civil law, which make twenty-one the age of +maturity, have, however, been generally followed. In this country the +regulation is general, that the candidate must be twenty-one years of age. +Such, too, was the regulation adopted by the General Assembly, which met +on the 27th Dec., 1663, and which prescribed that "no person shall be +accepted unless he be twenty-one years old or more."[55] In Prussia, the +candidate is required to be twenty-five; in England, twenty-one,[56] +"unless by dispensation from the Grand Master, or Provincial Grand +Master;" in Ireland, twenty-one, except "by dispensation from the Grand +Master, or the Grand Lodge;" in France, twenty-one, unless the candidate +be the son of a Mason who has rendered important service to the craft, +with the consent of his parent or guardian, or a young man who has served +six months with his corps in the army--such persons may be initiated at +eighteen; in Switzerland, the age of qualification is fixed at twenty-one, +and in Frankfort-on-Mayn, at twenty. In this country, as I have already +observed, the regulation of 1663 is rigidly enforced, and no candidate, +who has not arrived at the age of twenty-one, can be initiated. + +Our ritual excludes "an old man in his dotage" equally with a "young man +under age." But as dotage signifies imbecility of mind, this subject will +be more properly considered under the head of intellectual qualifications. + +The physical qualifications, which refer to the condition of the +candidate's body and limbs, have given rise, within a few years past, to +a great amount of discussion and much variety of opinion. The regulation +contained in the old charges of 1721, which requires the candidate to be +"a perfect youth," has in some jurisdictions been rigidly enforced to the +very letter of the law, while in others it has been so completely +explained away as to mean anything or nothing. Thus, in South Carolina, +where the rule is rigid, the candidate is required to be neither deformed +nor dismembered, but of hale and entire limbs, as a man ought to be, while +in Maine, a deformed person may be admitted, provided "the deformity is +not such as to prevent him from being instructed in the arts and mysteries +of Freemasonry." + +The first written law which we find on this subject is that which was +enacted by the General Assembly held in 1663, under the Grand Mastership +of the Earl of St. Albans, and which declares "that no person shall +hereafter be accepted a Freemason but such as are of _able_ body."[57] + +Twenty years after, in the reign of James II., or about the year 1683, it +seems to have been found necessary, more exactly to define the meaning of +this expression, "of able body," and accordingly we find, among the +charges ordered to be read to a Master on his installation, the following +regulation: + +"Thirdly, that he that be made be able in all degrees; that is, free-born, +of a good kindred, true, and no bondsman, and that _he have his right +limbs as a man ought to have."_[58] + +The old charges, published in the original Book of Constitutions in 1723, +contain the following regulation: + +"No Master should take an Apprentice, unless he be a perfect youth having +no maim or defect that may render him uncapable of learning the art." + +Notwithstanding the positive demand for _perfection_, and the positive and +explicit declaration that he must have _no maim or defect_, the remainder +of the sentence has, within a few years past, by some Grand Lodges, been +considered as a qualifying clause, which would permit the admission of +candidates whose physical defects did not exceed a particular point. But, +in perfection, there can be no degrees of comparison, and he who is +required to be perfect, is required to be so without modification or +diminution. That which is _perfect_ is complete in all its parts, and, by +a deficiency in any portion of its constituent materials, it becomes not +less perfect, (which expression would be a solecism in grammar,) but at +once by the deficiency ceases to be perfect at all--it then becomes +imperfect. In the interpretation of a law, "words," says Blackstone, "are +generally to be understood in their usual and most known signification," +and then "perfect" would mean, "complete, entire, neither defective nor +redundant." But another source of interpretation is, the "comparison of a +law with other laws, that are made by the same legislator, that have some +affinity with the subject, or that expressly relate to the same +point."[59] Applying this law of the jurists, we shall have no difficulty +in arriving at the true signification of the word "perfect," if we refer +to the regulation of 1683, of which the clause in question appears to have +been an exposition. Now, the regulation of 1683 says, in explicit terms, +that the candidate must "_have his right limbs as a man ought to have_." +Comparing the one law with the other, there can be no doubt that the +requisition of Masonry is and always has been, that admission could only +be granted to him who was neither deformed nor dismembered, but of hale +and entire limbs as a man should be. + +But another, and, as Blackstone terms it, "the most universal and +effectual way of discovering the true meaning of a law" is, to consider +"the reason and spirit of it, or the cause which moved the legislator to +enact it." Now, we must look for the origin of the law requiring physical +perfection, not to the formerly operative character of the institution, +(for there never was a time when it was not speculative as well as +operative,) but to its symbolic nature. In the ancient temple, every stone +was required to be _perfect_, for a perfect stone was the symbol of truth. +In our mystic association, every Mason represents a stone in that +spiritual temple, "that house not made with hands, eternal in the +heavens," of which the temple of Solomon was the type. Hence it is +required that he should present himself, like the perfect stone in the +material temple, a perfect man in the spiritual building. "The symbolic +relation of each member of the Order to its mystic temple, forbids the +idea," says Bro. W.S. Rockwell, of Georgia,[60] "that its constituent +portions, its living stones, should be less perfect or less a type of +their great original, than the immaculate material which formed the +earthly dwelling place of the God of their adoration." If, then, as I +presume it will be readily conceded, by all except those who erroneously +suppose the institution to have been once wholly operative and afterwards +wholly speculative, perfection is required in a candidate, not for the +physical reason that he may be enabled to give the necessary signs of +recognition, but because the defect would destroy the symbolism of that +perfect stone which every Mason is supposed to represent in the spiritual +temple, we thus arrive at a knowledge of the causes which moved the +legislators of Masonry to enact the law, and we see at once, and without +doubt, that the words _perfect youth_ are to be taken in an unqualified +sense, as signifying one who has "his right limbs as a man ought to +have."[61] + +It is, however, but fair to state that the remaining clause of the old +charge, which asserts that the candidate must have no maim or defect that +may render him incapable of learning the art, has been supposed to intend +a modification of the word "perfect," and to permit the admission of one +whose maim or defect was not of such a nature as to prevent his learning +the art of Masonry. But I would respectfully suggest that a criticism of +this kind is based upon a mistaken view of the import of the words. The +sentence is not that the candidate must have no such maim or defect as +might, by possibility, prevent him from learning the art; though this is +the interpretation given by those who are in favor of admitting slightly +maimed candidates. It is, on the contrary, so worded as to give a +consequential meaning to the word "_that_." He must have no maim or defect +_that_ may render him incapable; that is, _because_, by having such maim +or defect, he would be rendered incapable of acquiring our art. + +In the Ahiman Rezon published by Laurence Dermott in 1764, and adopted for +the government of the Grand Lodge of Ancient York Masons in England, and +many of the Provincial Grand and subordinate lodges of America, the +regulation is laid down that candidates must be "men of good report, +free-born, of mature age, not deformed nor dismembered at the time of +their making, and no woman or eunuch." It is true that at the present day +this book possesses no legal authority among the craft; but I quote it, to +show what was the interpretation given to the ancient law by a large +portion, perhaps a majority, of the English and American Masons in the +middle of the eighteenth century. + +A similar interpretation seems at all times to have been given by the +Grand Lodges of the United States, with the exception of some, who, within +a few years past, have begun to adopt a more latitudinarian construction. + +In Pennsylvania it was declared, in 1783, that candidates are not to be +"deformed or dismembered at the time of their making." + +In South Carolina the book of Constitutions, first published in 1807, +requires that "every person desiring admission must be upright in body, +not deformed or dismembered at the time of making, but of hale and entire +limbs, as a man ought to be." + +In the "Ahiman Rezon and Masonic Ritual," published by order of the Grand +Lodge of North Carolina and Tennessee, in the year 1805, candidates are +required to be "hale and sound, not deformed or dismembered at the time of +their making."[62] + +Maryland, in 1826, sanctioned the Ahiman Rezon of Cole, which declares +the law in precisely the words of South Carolina, already quoted. + +In 1823, the Grand Lodge of Missouri unanimously adopted a report, which +declared that all were to be refused admission who were not "sound in mind +and _all their members_," and she adopted a resolution asserting that "the +Grand Lodge cannot grant a letter or dispensation to a subordinate lodge +working under its jurisdiction, to initiate any person maimed, disabled, +or wanting the qualifications establishing by ancient usage."[63] + +But it is unnecessary to multiply instances. There never seems to have +been any deviation from the principle that required absolute physical +perfection, until, within a few years, the spirit of expediency[64] has +induced some Grand Lodges to propose a modified construction of the law, +and to admit those whose maims or deformities were not such as to prevent +them from complying with the ceremonial of initiation. Still, a large +number of the Grand Lodges have stood fast by the ancient landmark, and it +is yet to be hoped that all will return to their first allegiance. The +subject is an important one, and, therefore, a few of the more recent +authorities, in behalf of the old law may with advantage be cited. + +"We have examined carefully the arguments 'pro and con,' that have +accompanied the proceedings of the several Grand Lodges, submitted to us, +and the conviction has been forced upon our minds, even against our wills, +that we depart from the ancient landmarks and usages of Masonry, whenever +we admit an individual wanting in one of the human senses, or who is in +any particular maimed or deformed."--_Committee of Correspondence G. Lodge +of Georgia_, 1848, _page_ 36. + +"The rationale of the law, excluding persons physically imperfect and +deformed, lies deeper and is more ancient than the source ascribed to +it.[65] It is grounded on a principle recognized in the earliest ages of +the world; and will be found identical with that which obtained among the +ancient Jews. In this respect the Levitical law was the same as the +masonic, which would not allow any 'to go in unto the vail' who had a +blemish--a blind man, or a lame, or a man that was broken-footed, or +broken-handed, or a dwarf, &c.... + +"The learned and studious Freemasonic antiquary can satisfactorily explain +the metaphysics of this requisition in our Book of Constitutions. For the +true and faithful Brother it sufficeth to know that such a requisition +exists. He will prize it the more because of its antiquity.... No man can +in perfection be 'made a Brother,' no man can truly 'learn our mysteries,' +and practice them, or 'do the work of a Freemason,' if he is not a _man_ +with body free from maim, defect and deformity."--_Report of a Special +Committee of the Grand Lodge of New York, in_ 1848.[66] + +"The records of this Grand Lodge may be confidently appealed to, for +proofs of her repeated refusal to permit maimed persons to be initiated, +and not simply on the ground that ancient usage forbids it, but because +the fundamental constitution of the Order--the ancient charges--forbid +it."--_Committee of Correspondence of New York, for 1848, p. 70._ + +"The lodges subordinate to this Grand Lodge are hereby required, in the +initiation of applicants for Masonry, to adhere to the ancient law (as +laid down in our printed books), which says he shall be of _entire +limbs_"--_Resolution of the G.L. of Maryland, November, 1848._ + +"I received from the lodge at Ashley a petition to initiate into our Order +a gentleman of high respectability, who, unfortunately, has been maimed. I +refused my assent.... I have also refused a similar request from the lodge +of which I am a member. The fact that the most distinguished masonic body +on earth has recently removed one of the landmarks, should teach _us_ to +be careful how we touch those ancient boundaries."--_Address of the Grand +Master of New Jersey in 1849._ + +"The Grand Lodge of Florida adopted such a provision in her constitution, +[the qualifying clause permitting the initiation of a maimed person, if +his deformity was not such as to prevent his instruction], but more +mature reflection, and more light reflected from our sister Grand Lodges, +caused it to be stricken from our constitution."--_Address of Gov. Tho. +Brown, Grand Master of Florida in_ 1849. + +"As to the physical qualifications, the Ahiman Rezon leaves no doubt on +the subject, but expressly declares, that every applicant for initiation +must be a man, free-born, of lawful age, in the perfect enjoyment of his +senses, hale, and sound, and not deformed or dismembered; this is one of +the ancient landmarks of the Order, which it is in the power of no body of +men to change. A man having but one arm, or one leg, or who is in anyway +deprived of his due proportion of limbs and members, is as incapable of +initiation as a woman."--_Encyclical Letter of the Grand Lodge of South +Carolina to its subordinates in_ 1849. + +Impressed, then, by the weight of these authorities, which it would be +easy, but is unnecessary, to multiply--guided by a reference to the +symbolic and speculative (not operative) reason of the law--and governed +by the express words of the regulation of 1683--I am constrained to +believe that the spirit as well as the letter of our ancient landmarks +require that a candidate for admission should be perfect in all his +parts, that is, neither redundant nor deficient, neither deformed nor +dismembered, but of hale and entire limbs, as a man ought to be. + + + +Section III. + +_Of the Intellectual Qualifications of Candidates._ + + +The Old Charges and Ancient Constitutions are not as explicit in relation +to the intellectual as to the moral and physical qualifications of +candidates, and, therefore, in coming to a decision on this subject, we +are compelled to draw our conclusions from analogy, from common sense, and +from the peculiar character of the institution. The question that here +suggests itself on this subject is, what particular amount of human +learning is required as a constitutional qualification for initiation? + +During a careful examination of every ancient document to which I have had +access, I have met with no positive enactment forbidding the admission of +uneducated persons, even of those who can neither read nor write. The +unwritten, as well as the written laws of the Order, require that the +candidate shall be neither a _fool_ nor an _idiot_, but that he shall +possess a discreet judgment, and be in the enjoyment of all the senses of +a man. But one who is unable to subscribe his name, or to read it when +written, might still very easily prove himself to be within the +requirements of this regulation. The Constitutions of England, formed +since the union of the two Grand Lodges in 1813, are certainly explicit +enough on this subject. They require even more than a bare knowledge of +reading and writing, for, in describing the qualifications of a candidate, +they say: + +"He should be a lover of the liberal arts and sciences, and have made some +progress in one or other of them; and he must, previous to his initiation, +subscribe his name at full length, to a declaration of the following +import," etc. And in a note to this regulation, it is said, "Any +individual who cannot write is, consequently, ineligible to be admitted +into the Order." If this authority were universal in its character, there +would be no necessity for a further discussion of the subject. But the +modern constitutions of the Grand Lodge of England are only of force +within its own jurisdiction, and we are therefore again compelled to +resort to a mode of reasoning for the proper deduction of our conclusions +on this subject. + +It is undoubtedly true that in the early period of the world, when +Freemasonry took its origin, the arts of reading and writing were not so +generally disseminated among all classes of the community as they now are, +when the blessings of a common education can be readily and cheaply +obtained. And it may, therefore, be supposed that among our ancient +Brethren there were many who could neither read nor write. But after all, +this is a mere assumption, which, although it may be based on probability, +has no direct evidence for its support. And, on the other hand, we see +throughout all our ancient regulations, that a marked distinction was made +by our rulers between the Freemason and the Mason who was not free; as, +for instance, in the conclusion of the fifth chapter of the Ancient +Charges, where it is said: "No laborer shall be employed in the common +work of Masonry, nor shall Freemasons work with those who are not free, +without an urgent necessity." And this would seem to indicate a higher +estimation by the fraternity of their own character, which might be +derived from their greater attainments in knowledge. That in those days +the ordinary operative masons could neither read nor write, is a fact +established by history. But it does not follow that the Freemasons, who +were a separate society of craftsmen, were in the same unhappy category; +it is even probable, that the fact that they were not so, but that they +were, in comparison with the unaccepted masons, educated men, may have +been the reason of the distinction made between these two classes of +workmen. + +But further, all the teachings of Freemasonry are delivered on the +assumption that the recipients are men of some education, with the means +of improving their minds and increasing their knowledge. Even the Entered +Apprentice is reminded, by the rough and perfect ashlars, of the +importance and necessity of a virtuous education, in fitting him for the +discharge of his duties. To the Fellow Craft, the study of the liberal +arts and sciences is earnestly recommended; and indeed, that sacred +hieroglyphic, the knowledge of whose occult signification constitutes the +most solemn part of his instruction, presupposes an acquaintance at least +with the art of reading. And the Master Mason is expressly told in the +explanation of the forty-seventh problem of Euclid, as one of the symbols +of the third degree, that it was introduced into Masonry to teach the +Brethren the value of the arts and sciences, and that the Mason, like the +discoverer of the problem, our ancient Brother Pythagoras, should be a +diligent cultivator of learning. Our lectures, too, abound in allusions +which none but a person of some cultivation of mind could understand or +appreciate, and to address them, or any portion of our charges which refer +to the improvement of the intellect and the augmentation of knowledge, to +persons who can neither read nor write, would be, it seems to us, a +mockery unworthy of the sacred character of our institution. + +From these facts and this method of reasoning, I deduce the conclusion +that the framers of Masonry, in its present organization as a speculative +institution, must have intended to admit none into its fraternity whose +minds had not received some preliminary cultivation, and I am, therefore, +clearly of opinion, that a person who cannot read and write is not legally +qualified for admission. + +As to the inexpediency of receiving such candidates, there can be no +question or doubt. If Masonry be, as its disciples claim for it, a +scientific institution, whose great object is to improve the understanding +and to enlarge and adorn the mind, whose character cannot be appreciated, +and whose lessons of symbolic wisdom cannot be acquired, without much +studious application, how preposterous would it be to place, among its +disciples, one who had lived to adult years, without having known the +necessity or felt the ambition for a knowledge of the alphabet of his +mother tongue? Such a man could make no advancement in the art of Masonry; +and while he would confer no substantial advantage on the institution, he +would, by his manifest incapacity and ignorance, detract, in the eyes of +strangers, from its honor and dignity as an intellectual society. + +Idiots and madmen are excluded from admission into the Order, for the +evident reason that the former from an absence, and the latter from a +perversion of the intellectual faculties, are incapable of comprehending +the objects, or of assuming the responsibilities and obligations of the +institution. + +A question here suggests itself whether a person of present sound mind, +but who had formerly been deranged, can legally be initiated. The answer +to this question turns on the fact of his having perfectly recovered. If +the present sanity of the applicant is merely a lucid interval, which +physicians know to be sometimes vouched to lunatics, with the absolute +certainty, or at best, the strong probability, of an eventual return to a +state of mental derangement, he is not, of course, qualified for +initiation. But if there has been a real and durable recovery (of which a +physician will be a competent judge), then there can be no possible +objection to his admission, if otherwise eligible. We are not to look to +what the candidate once was, but to what he now is. + +Dotage, or the mental imbecility produced by excessive old age, is also a +disqualification for admission. Distinguished as it is by puerile desires +and pursuits, by a failure of the memory, a deficiency of the judgment, +and a general obliteration of the mental powers, its external signs are +easily appreciated, and furnish at once abundant reason why, like idiots +and madmen, the superannuated dotard is unfit to be the recipient of our +mystic instructions. + + + +Section IV. + +_Of the Political Qualifications of Candidates._ + + +The Constitutions of Masonry require, as the only qualification referring +to the political condition of the candidate, or his position in society, +that he shall be _free-born_. The slave, or even the man born in +servitude--though he may, subsequently, have obtained his liberty--is +excluded by the ancient regulations from initiation. The non-admission of +a slave seems to have been founded upon the best of reasons; because, as +Freemasonry involves a solemn contract, no one can legally bind himself to +its performance who is not a free agent and the master of his own actions. +That the restriction is extended to those who were originally in a servile +condition, but who may have since acquired their liberty, seems to depend +on the principle that birth, in a servile condition, is accompanied by a +degradation of mind and abasement of spirit, which no subsequent +disenthralment can so completely efface as to render the party qualified +to perform his duties, as a Mason, with that "freedom, fervency, and +zeal," which are said to have distinguished our ancient Brethren. +"Children," says Oliver, "cannot inherit a free and noble spirit except +they be born of a free woman." + +The same usage existed in the spurious Freemasonry or the Mysteries of the +ancient world. There, no slave, or men born in slavery, could be +initiated; because, the prerequisites imperatively demanded that the +candidate should not only be a man of irreproachable manners, but also a +free-born denizen of the country in which the mysteries were celebrated. + +Some masonic writers have thought that, in this regulation in relation to +free birth, some allusion is intended, both in the Mysteries and in +Freemasonry, to the relative conditions and characters of Isaac and +Ishmael. The former--the accepted one, to whom the promise was given--was +the son of a free woman, and the latter, who was cast forth to have "his +hand against every man, and every man's hand against him," was the child +of a slave. Wherefore, we read that Sarah demanded of Abraham, "Cast out +this bondwoman and her son; for the son of the bondwoman shall not be heir +with my son." Dr. Oliver, in speaking of the grand festival with which +Abraham celebrated the weaning of Isaac, says, that he "had not paid the +same compliment at the weaning of Ishmael, because he was the son of a +bondwoman, and, consequently, could not be admitted to participate in the +Freemasonry of his father, which could only be conferred on free men born +of free women." The ancient Greeks were of the same opinion; for they used +the word [Greek: douloprepeia] or, "slave manners," to designate any very +great impropriety of manners. + +The Grand Lodge of England extends this doctrine, that Masons should be +free in all their thoughts and actions, so far, that it will not permit +the initiation of a candidate who is only temporarily deprived of his +liberty, or even in a place of confinement. In the year 1782, the Master +of the Royal Military Lodge, at Woolwich, being confined, most probably +for debt, in the King's Bench prison, at London, the lodge, which was +itinerant in its character, and allowed to move from place to place with +its regiment, adjourned, with its warrant of constitution, to the Master +in prison, where several Masons were made. The Grand Lodge, being informed +of the circumstances, immediately summoned the Master and Wardens of the +lodge "to answer for their conduct in making Masons in the King's Bench +prison," and, at the same time, adopted a resolution, affirming that "it +is inconsistent with the principles of Freemasonry for any Freemason's +lodge to be held, for the purposes of making, passing, or raising Masons, +in any prison or place of confinement." + + + +Section V. + +_Of the Petition of Candidates for Admission, and the Action thereon_. + + +The application of a candidate to a lodge, for initiation, is called a +"petition." This petition should always be in writing, and generally +contains a statement of the petitioner's age, occupation, and place of +residence, and a declaration of the motives which have prompted the +application, which ought to be "a favorable opinion conceived of the +institution and a desire of knowledge."[67] This petition must be +recommended by at least two members of the lodge. + +The petition must be read at a stated or regular communication of the +lodge, and referred to a committee of three members for an investigation +of the qualifications and character of the candidate. The committee having +made the necessary inquiries, will report the result at the next regular +communication and not sooner. + +The authority for this deliberate mode of proceeding is to be found in the +fifth of the 39 General Regulations, which is in these words: + +"No man can be made or admitted a member of a particular lodge, without +previous notice one month before given to the said lodge, in order to make +due inquiry into the reputation and capacity of the candidate; unless by +dispensation aforesaid." + +The last clause in this article provides for the only way in which this +probation of a month can be avoided, and that is when the Grand Master, +for reasons satisfactory to himself, being such as will constitute what is +called (sometimes improperly) a case of emergency, shall issue a +dispensation permitting the lodge to proceed forthwith to the election. + +But where this dispensation has not been issued, the committee should +proceed diligently and faithfully to the discharge of their responsible +duty. They must inquire into the moral, physical, intellectual and +political qualifications of the candidate, and make their report in +accordance with the result of their investigations. + +The report cannot be made at a special communication, but must always be +presented at a regular one. The necessity of such a rule is obvious. As +the Master can at any time within his discretion convene a special meeting +of his lodge, it is evident that a presiding officer, if actuated by an +improper desire to intrude an unworthy and unpopular applicant upon the +craft, might easily avail himself for that purpose of an occasion when the +lodge being called for some other purpose, the attendance of the members +was small, and causing a ballot to be taken, succeed in electing a +candidate, who would, at a regular meeting, have been blackballed by some +of those who were absent from the special communication. + +This regulation is promulgated by the Grand Lodge of England, in the +following words: "No person shall be made a Mason without a regular +proposition at one lodge and a ballot at the next regular stated lodge;" +it appears to have been almost universally adopted in similar language by +the Grand Lodges of this country; and, if the exact words of the law are +wanting in any of the Constitutions, the general usage of the craft has +furnished an equivalent authority for the regulation. + +If the report of the committee is unfavorable, the candidate should be +considered as rejected, without any reference to a ballot. This rule is +also founded in reason. If the committee, after a due inquiry into the +character of the applicant, find the result so disadvantageous to him as +to induce them to make an unfavorable report on his application, it is to +be presumed that on a ballot they would vote against his admission, and as +their votes alone would be sufficient to reject him, it is held +unnecessary to resort in such a case to the supererogatory ordeal of the +ballot. It would, indeed, be an anomalous proceeding, and one which would +reflect great discredit on the motives and conduct of a committee of +inquiry, were its members first to report against the reception of a +candidate, and then, immediately afterwards, to vote in favor of his +petition. The lodges will not suppose, for the honor of their committees, +that such a proceeding will take place, and accordingly the unfavorable +report of the committee is always to be considered as a rejection. + +Another reason for this regulation seems to be this. The fifth General +Regulation declares that no Lodge should ever make a Mason without "due +inquiry" into his character, and as the duty of making this inquiry is +entrusted to a competent committee, when that committee has reported that +the applicant is unworthy to be made a Mason, it would certainly appear to +militate against the spirit, if not the letter, of the regulation, for the +lodge, notwithstanding this report, to enter into a ballot on the +petition. + +But should the committee of investigation report favorably, the lodge will +then proceed to a ballot for the candidate; but, as this forms a separate +and important step in the process of "making Masons," I shall make it the +subject of a distinct section. + + + +Section VI. + +_Of Balloting for Candidates._ + + +The Thirty-nine Regulations do not explicitly prescribe the ballot-box as +the proper mode of testing the opinion of the lodge on the merits of a +petition for initiation. The sixth regulation simply says that the consent +of the members is to be "formally asked by the Master; and they are to +signify their assent or dissent _in their own prudent way_ either +virtually or in form, but with unanimity." Almost universal usage has, +however, sanctioned the ballot box and the use of black and white balls as +the proper mode of obtaining the opinion of the members. + +From the responsibility of expressing this opinion, and of admitting a +candidate into the fraternity or of repulsing him from it, no Mason is +permitted to shrink. In balloting on a petition, therefore, every member +of the Lodge is expected to vote; nor can he be excused from the discharge +of this important duty, except by the unanimous consent of his Brethren. +All the members must, therefore, come up to the performance of this trust +with firmness, candor, and a full determination to do what is right--to +allow no personal timidity to forbid the deposit of a black ball, if the +applicant is unworthy, and no illiberal prejudices to prevent the +deposition of a white one, if the character and qualifications of the +candidate are unobjectionable. And in all cases where a member himself has +no personal or acquired knowledge of these qualifications, he should rely +upon and be governed by the recommendation of his Brethren of the +Committee of Investigation, who he has no right to suppose would make a +favorable report on the petition of an unworthy applicant.[68] + +The great object of the ballot is, to secure the independence of the +voter; and, for this purpose, its secrecy should be inviolate. And this +secrecy of the ballot gives rise to a particular rule which necessarily +flows out of it. + +No Mason can be called to an account for the vote which he has deposited. +The very secrecy of the ballot is intended to secure the independence and +irresponsibility to the lodge of the voter. And, although it is +undoubtedly a crime for a member to vote against the petition of an +applicant on account of private pique or personal prejudice, still the +lodge has no right to judge that such motives alone actuated him. The +motives of men, unless divulged by themselves, can be known only to God; +"and if," as Wayland says, "from any circumstances we are led to entertain +any doubts of the motives of men, we are bound to retain these doubts +within our own bosoms." Hence, no judicial notice can be or ought to be +taken by a lodge of a vote cast by a member, on the ground of his having +been influenced by improper motives, because it is impossible for the +lodge legally to arrive at the knowledge; in the first place, of the vote +that he has given, and secondly, of the motives by which he has been +controlled. + +And even if a member voluntarily should divulge the nature of his vote and +of his motives, it is still exceedingly questionable whether the lodge +should take any notice of the act, because by so doing the independence of +the ballot might be impaired. It is through a similar mode of reasoning +that the Constitution of the United States provides, that the members of +Congress shall not be questioned, in any other place, for any speech or +debate in either House. As in this way the freedom of debate is preserved +in legislative bodies, so in like manner should the freedom of the ballot +be insured in lodges. + +The sixth General Regulation requires unanimity in the ballot. Its +language is: "but no man can be entered a Brother in any particular lodge, +or admitted to be a member thereof, without the _unanimous consent of all +the members of that lodge_ then present when the candidate is proposed." +This regulation, it will be remembered, was adopted in 1721. But in the +"New Regulations," adopted in 1754, and which are declared to have been +enacted "only for amending or explaining the Old Regulations for the good +of Masonry, without breaking in upon the ancient rules of the fraternity, +still preserving the old landmarks," it is said: "but it was found +inconvenient to insist upon unanimity in several cases; and, therefore, +the Grand Masters have allowed the lodges to admit a member, if not above +three black balls are against him; though some lodges desire no such +allowance."[69] + +The Grand Lodge of England still acts under this new regulation, and +extends the number of black balls which will reject to three, though it +permits its subordinates, if they desire it, to require unanimity. But +nearly all the Grand Lodges of this country have adhered to the old +regulation, which is undoubtedly the better one, and by special enactment +have made the unanimous consent of all the Brethren present necessary to +the election of a candidate. + +Another question here suggests itself. Can a member, who by the bye-laws +of his lodge is disqualified from the exercise of his other franchises as +a member, in consequence of being in arrears beyond a certain amount, be +prevented from depositing his ballot on the application of a candidate? +That by such a bye-law he may be disfranchised of his vote in electing +officers, or of the right to hold office, will be freely admitted. But the +words of the old regulation seem expressly, and without equivocation, to +require that _every member present_ shall vote. The candidate shall only +be admitted "by the unanimous consent of all the members of that lodge +then present when the candidate is proposed." This right of the members to +elect or reject their candidates is subsequently called "an inherent +privilege," which is not subject to a dispensation. The words are +explicit, and the right appears to be one guaranteed to every member so +long as he continues a member, and of which no bye-law can divest him as +long as the paramount authority of the Thirty-nine General Regulations is +admitted. I should say, then, that every member of a lodge present at +balloting for a candidate has a right to deposit his vote; and not only a +right, but a duty which he is to be compelled to perform; since, without +the unanimous consent of all present, there can be no election. + +Our written laws are altogether silent as to the peculiar ceremonies which +are to accompany the act of balloting, which has therefore been generally +directed by the local usage of different jurisdictions. Uniformity, +however, in this, as in all other ritual observances, is to be commended, +and I shall accordingly here describe the method which I have myself +preferred and practised in balloting for candidates, and which is the +custom adopted in the jurisdiction of South Carolina.[70] + +The committee of investigation having reported favorably, the Master of +the lodge directs the Senior Deacon to prepare the ballot box. The mode in +which this is accomplished is as follows:--The Senior Deacon takes the +ballot box, and, opening it, places all the white and black balls +indiscriminately in one compartment, leaving the other entirely empty. He +then proceeds with the box to the Junior and Senior Wardens, who satisfy +themselves by an inspection that no ball has been left in the compartment +in which the votes are to be deposited. I remark here, in passing, that +the box, in this and the other instance to be referred to hereafter, is +presented to the inferior officer first, and then to his superior, that +the examination and decision of the former may be substantiated and +confirmed by the higher authority of the latter. Let it, indeed, be +remembered, that in all such cases the usage of masonic _circumambulation_ +is to be observed, and that, therefore, we must first pass the Junior's +station before we can get to that of the Senior Warden. + +These officers having thus satisfied themselves that the box is in a +proper condition for the reception of the ballots, it is then placed upon +the altar by the Senior Deacon, who retires to his seat. The Master then +directs the Secretary to call the roll, which is done by commencing with +the Worshipful Master, and proceeding through all the officers down to the +youngest member. As a matter of convenience, the Secretary generally votes +the last of those in the room, and then, if the Tiler is a member of the +lodge, he is called in, while the Junior Deacon tiles for him, and the +name of the applicant having been told him, he is directed to deposit his +ballot, which he does, and then retires. + +As the name of each officer and member is called he approaches the altar, +and having made the proper masonic salutation to the Chair, he deposits +his ballot and retires to his seat. The roll should be called slowly, so +that at no time should there be more than one person present at the box; +for, the great object of the ballot being secrecy, no Brother should be +permitted so near the member voting as to distinguish the color of the +ball he deposits. + +The box is placed on the altar, and the ballot is deposited with the +solemnity of a masonic salutation, that the voters may be duly impressed +with the sacred and responsible nature of the duty they are called on to +discharge. The system of voting thus described, is, therefore, far better +on this account than the one sometimes adopted in lodges, of handing round +the box for the members to deposit their ballots from their seats + +The Master having inquired of the Wardens if all have voted, then orders +the Senior Deacon to "take charge of the ballot box." That officer +accordingly repairs to the altar, and taking possession of the box, +carries it, as before, to the Junior Warden, who examines the ballot, and +reports, if all the balls are white, that "the box is clear in the South," +or, if there is one or more black balls, that "the box is foul in the +South." The Deacon then carries it to the Senior Warden, and afterwards to +the Master, who, of course, make the same report, according to the +circumstances, with the necessary verbal variation of "West" and "East." + +If the box is _clear_--that is, if all the ballots are white--the Master +then announces that the applicant has been duly elected, and the Secretary +makes a record of the fact. + +But if the box is declared to be _foul_, the Master inspects the number +of black balls; if he finds two, he declares the candidate to be rejected; +if only one, he so states the fact to the lodge, and orders the Senior +Deacon again to prepare the ballot box, and a second ballot is taken in +the same way. This is done lest a black ball might have been inadvertently +voted on the first ballot. If, on the second scrutiny, one black ball is +again found, the fact is announced by the Master, who orders the election +to lie over until the next stated meeting, and requests the Brother who +deposited the black ball to call upon him and state his reasons. At the +next stated meeting the Master announces these reasons to the lodge, if +any have been made known to him, concealing, of course, the name of the +objecting Brother. At this time the validity or truth of the objections +may be discussed, and the friends of the applicant will have an +opportunity of offering any defense or explanation. The ballot is then +taken a third time, and the result, whatever it may be, is final. As I +have already observed, in most of the lodges of this country, a +reappearance of the one black ball will amount to a rejection. In those +lodges which do not require unanimity, it will, of course, be necessary +that the requisite number of black balls must be deposited on this third +ballot to insure a rejection. But if, on inspection, the box is found to +be "clear," or without a black ball, the candidate is, of course, declared +to be elected. In any case, the result of the third ballot is final, nor +can it be set aside or reversed by the action of the Grand Master or Grand +Lodge; because, by the sixth General Regulation, already so frequently +cited, the members of every particular lodge are the best judges of the +qualifications of their candidates; and, to use the language of the +Regulation, "if a fractious member should be imposed on them, it might +spoil their harmony, or hinder their freedom, or even break and disperse +the lodge." + + + +Section VII. + +_Of the Reconsideration of the Ballot._ + + +There are, unfortunately, some men in our Order, governed, not by +essentially bad motives, but by frail judgments and by total ignorance of +the true object and design of Freemasonry, who never, under any +circumstances, have recourse to the black ball, that great bulwark of +Masonry, and are always more or less incensed when any more judicious +Brother exercises his privilege of excluding those whom he thinks unworthy +of participation in our mysteries. + +I have said, that these men are not governed by motives essentially bad. +This is the fact. They honestly desire the prosperity of the institution, +and they would not willfully do one act which would impede that +prosperity. But their judgments are weak, and their zeal is without +knowledge. They do not at all understand in what the true prosperity of +the Order consists, but really and conscientiously believing that its +actual strength will be promoted by the increase of the number of its +disciples; they look rather to the _quantity_ than to the _quality_ of the +applicants who knock at the doors of our lodges. + +Now a great difference in respect to the mode in which the ballot is +conducted, will be found in those lodges which are free from the presence +of such injudicious brethren, and others into which they have gained +admittance. + +In a lodge in which every member has a correct notion of the proper moral +qualifications of the candidates for Masonry, and where there is a general +disposition to work well with a few, rather than to work badly with many, +when a ballot is ordered, each Brother, having deposited his vote, +quietly and calmly waits to hear the decision of the ballot box announced +by the Chair. If it is "clear," all are pleased that another citizen has +been found worthy to receive a portion of the illuminating rays of +Masonry. If it is "foul," each one is satisfied with the adjudication, and +rejoices that, although knowing nothing himself against the candidate, +some one has been present whom a more intimate acquaintance with the +character of the applicant has enabled to interpose his veto, and prevent +the purity of the Order from being sullied by the admission of an unworthy +candidate. Here the matter ends, and the lodge proceeds to other business. + +But in a lodge where one of these injudicious and over-zealous Brethren is +present, how different is the scene. If the candidate is elected, he, too, +rejoices; but his joy is, that the lodge has gained one more member whose +annual dues and whose initiation fee will augment the amount of its +revenues. If he is rejected, he is indignant that the lodge has been +deprived of this pecuniary accession, and forthwith he sets to work to +reverse, if possible, the decision of the ballot box, and by a volunteer +defense of the rejected candidate, and violent denunciations of those who +opposed him, he seeks to alarm the timid and disgust the intelligent, so +that, on a _reconsideration_, they may be induced to withdraw their +opposition. + +The _motion for reconsideration_ is, then, the means generally adopted, by +such seekers after quantity, to insure the success of their efforts to +bring all into our fold who seek admission, irrespective of worth or +qualification. In other words, we may say, that _the motion for +reconsideration is the great antagonist of the purity and security of the +ballot box_. The importance, then, of the position which it thus assumes, +demands a brief discussion of the time and mode in which a ballot may be +reconsidered. + +In the beginning of the discussion, it may be asserted, that it is +competent for any brother to move a reconsideration of a ballot, or for a +lodge to vote on such a motion. The ballot is a part of the work of +initiating a candidate. It is the preparatory step, and is just as +necessary to his legal making as the obligation or the investiture. As +such, then, it is clearly entirely under the control of the Master. The +Constitutions of Masonry and the Rules and Regulations of every Grand and +Subordinate lodge prescribe the mode in which the ballot shall be +conducted, so that the sense of the members may be taken. The Grand Lodge +also requires that the Master of the lodge shall see that that exact mode +of ballot shall be pursued and no other, and it will hold him responsible +that there shall be no violation of the rule. If, then, the Master is +satisfied that the ballot has been regularly and correctly conducted, and +that no possible good, but some probable evil, would arise from its +reconsideration, it is not only competent for him, but it is his solemn +duty to refuse to permit any such reconsideration. A motion to that +effect, it may be observed, will always be out of order, although any +Brother may respectfully request the Worshipful Master to order such a +reconsideration, or suggest to him its propriety or expediency. + +If, however, the Master is not satisfied that the ballot is a true +indication of the sense of the lodge, he may, in his own discretion, order +a reconsideration. Thus there may be but one black ball;--now a single +black ball may sometimes be inadvertently cast--the member voting it may +have been favorably disposed towards the candidate, and yet, from the +hurry and confusion of voting, or from the dimness of the light or the +infirmity of his own eyes, or from some other equally natural cause, he +may have selected a black ball, when he intended to have taken a white +one. It is, therefore, a matter of prudence and necessary caution, that, +when only one black ball appears, the Master should order a new ballot. On +this second ballot, it is to be presumed that more care and vigilance will +be used, and the reappearance of the black ball will then show that it was +deposited designedly. + +But where two or three or more black balls appear on the first ballot, +such a course of reasoning is not authorized, and the Master will then be +right to refuse a reconsideration. The ballot has then been regularly +taken--the lodge has emphatically decided for a rejection, and any order +to renew the ballot would only be an insult to those who opposed the +admission of the applicant, and an indirect attempt to thrust an unwelcome +intruder upon the lodge. + +But although it is in the power of the Master, under the circumstances +which we have described, to order a reconsideration, yet this prerogative +is accompanied with certain restrictions, which it may be well to notice. + +In the first place, the Master cannot order a reconsideration on any other +night than that on which the original ballot was taken.[71] After the +lodge is closed, the decision of the ballot is final, and there is no +human authority that can reverse it. The reason of this rule is evident. +If it were otherwise, an unworthy Master (for, unfortunately, all Masters +are not worthy) might on any subsequent evening avail himself of the +absence of those who had voted black balls, to order a reconsideration, +and thus succeed in introducing an unfit and rejected candidate into the +lodge, contrary to the wishes of a portion of its members. + +Neither can he order a reconsideration on the same night, if any of the +Brethren who voted have retired. All who expressed their opinion on the +first ballot, must be present to express it on the second. The reasons for +this restriction are as evident as for the former, and are of the same +character. + +It must be understood, that I do not here refer to those reconsiderations +of the ballot which are necessary to a full understanding of the opinion +of the lodge, and which have been detailed in the ceremonial of the mode +of balloting, as it was described in the preceding Section. + +It may be asked whether the Grand Master cannot, by his dispensations, +permit a reconsideration. I answer emphatically, NO. The Grand Master +possesses no such prerogative. There is no law in the whole jurisprudence +of the institution clearer than this--that neither the Grand Lodge nor the +Grand Master can interfere with the decision of the ballot box. In +Anderson's Constitutions, the law is laid down, under the head of "Duty of +Members" (edition of 1755, p. 312), that in the election of candidates the +Brethren "are to give their consent in their own prudent way, either +virtually or in form, but with unanimity." And the regulation goes on to +say: "Nor is this inherent privilege _subject to a dispensation_, because +the members of a lodge are the best judges of it; and because, if a +turbulent member should be imposed upon them, it might spoil their +harmony, or hinder the freedom of their communications, or even break and +disperse the lodge." This settles the question. A dispensation to +reconsider a ballot would be an interference with the right of the members +"to give their consent in their own prudent way;" it would be an +infringement of an "inherent privilege," and neither the Grand Lodge nor +the Grand Master can issue a dispensation for such a purpose. Every lodge +must be left to manage its own elections of candidates in its own prudent +way. + +I conclude this section by a summary of the principles which have been +discussed, and which I have endeavored to enforce by a process of +reasoning which I trust may be deemed sufficiently convincing. They are +briefly these: + +1. It is never in order for a member to move for the reconsideration of a +ballot on the petition of a candidate for initiation, nor for a lodge to +entertain such a motion. + +2. The Master alone can, for reasons satisfactory to himself, order such a +reconsideration. + +3. The Master cannot order a reconsideration on any subsequent night, nor +on the same night, after any member, who was present and voted, has +departed. + +4. The Grand Master cannot grant a dispensation for a reconsideration, nor +in any other way interfere with the ballot. The same restriction applies +to the Grand Lodge. + + + +Section VIII. + +_Of the Renewal of Applications by Rejected Candidates._ + + +As it is apparent from the last section that there can be no +reconsideration by a lodge of a rejected petition, the question will +naturally arise, how an error committed by a lodge, in the rejection of a +worthy applicant, is to be corrected, or how such a candidate, when once +rejected, is ever to make a second trial, for it is, of course, admitted, +that circumstances may occur in which a candidate who had been once +blackballed might, on a renewal of his petition, be found worthy of +admission. He may have since reformed and abandoned the vicious habits +which caused his first rejection, or it may have been since discovered +that that rejection was unjust. How, then, is such a candidate to make a +new application? + +It is a rule of universal application in Masonry, that no candidate, +having been once rejected, can apply to any other lodge for admission, +except to the one which rejected him. Under this regulation the course of +a second application is as follows: + +Some Grand Lodges have prescribed that, when a candidate has been +rejected, it shall not be competent for him to apply within a year, six +months, or some other definite period. This is altogether a local +regulation--there is no such law in the Ancient Constitutions--and +therefore, where the regulations of the Grand Lodge of the jurisdiction +are silent upon the subject, general principles direct the following as +the proper course for a rejected candidate to pursue on a second +application. He must send in a new letter, recommended and vouched for as +before, either by the same or other Brethren--it must be again referred to +a committee--lie over for a month--and the ballot be then taken as is +usual in other cases. It must be treated in all respects as an entirely +new petition, altogether irrespective of the fact that the same person had +ever before made an application. In this way due notice will be given to +the Brethren, and all possibility of an unfair election will be avoided. + +If the local regulations are silent upon the subject, the second +application may be made at any time after the rejection of the first, all +that is necessary being, that the second application should pass through +the same ordeal and be governed by the same rules that prevail in relation +to an original application. + + + +Section IX. + +_Of the necessary Probation and due Proficiency of Candidates before +Advancement_. + + +There is, perhaps, no part of the jurisprudence of Masonry which it is +more necessary strictly to observe than that which relates to the +advancement of candidates through the several degrees. The method which is +adopted in passing Apprentices and raising Fellow Crafts--the probation +which they are required to serve in each degree before advancing to a +higher--and the instructions which they receive in their progress, often +materially affect the estimation which is entertained of the institution +by its initiates. The candidate who long remains at the porch of the +temple, and lingers in the middle chamber, noting everything worthy of +observation in his passage to the holy of holies, while he better +understands the nature of the profession upon which he has entered, will +have a more exalted opinion of its beauties and excellencies than he who +has advanced, with all the rapidity that dispensations can furnish, from +the lowest to the highest grades of the Order. In the former case, the +design, the symbolism, the history, and the moral and philosophical +bearing of each degree will be indelibly impressed upon the mind, and the +appositeness of what has gone before to what is to succeed will be readily +appreciated; but, in the latter, the lessons of one hour will be +obliterated by those of the succeeding one; that which has been learned in +one degree, will be forgotten in the next; and when all is completed, and +the last instructions have been imparted, the dissatisfied neophyte will +find his mind, in all that relates to Masonry, in a state of chaotic +confusion. Like Cassio, he will remember "a mass of things, but nothing +distinctly." + +An hundred years ago it was said that "Masonry was a progressive science, +and not to be attained in any degree of perfection, but by time, patience, +and a considerable degree of application and industry."[72] And it is +because that due proportion of time, patience and application, has not +been observed, that we so often see Masons indifferent to the claims of +the institution, and totally unable to discern its true character. The +arcana of the craft, as Dr. Harris remarks, should be gradually imparted +to its members, according to their improvement. + +There is no regulation of our Order more frequently repeated in our +constitutions, nor one which should be more rigidly observed, than that +which requires of every candidate a "suitable proficiency" in one degree, +before he is permitted to pass to another. But as this regulation is too +often neglected, to the manifest injury of the whole Order, as well as of +the particular lodge which violates it, by the introduction of ignorant +and unskillful workmen into the temple, it may be worth the labor we shall +spend upon the subject, to investigate some of the authorities which +support us in the declaration, that no candidate should be promoted, +until, by a due probation, he has made "suitable proficiency in the +preceding degree." + +In one of the earliest series of regulations that have been +preserved--made in the reign of Edward III., it was ordained, "that such +as were to be admitted Master Masons, or Masters of work, should be +examined whether they be able of cunning to serve their respective Lords, +as well the lowest as the highest, to the honor and worship of the +aforesaid art, and to the profit of their Lords." + +Here, then, we may see the origin of that usage, which is still practiced +in every well governed lodge, not only of demanding a proper degree of +proficiency in the candidate, but also of testing that proficiency by an +examination. + +This cautious and honest fear of the fraternity, lest any Brother should +assume the duties of a position which he could not faithfully discharge, +and which is, in our time, tantamount to a candidate's advancing to a +degree for which he is not prepared, is again exhibited in the charges +enacted in the reign of James II., the manuscript of which was preserved +in the archives of the Lodge of Antiquity in London. In these charges it +is required, "that no Mason take on no lord's worke, nor any other man's, +unless he know himselfe well able to perform the worke, so that the craft +have no slander." In the same charges, it is prescribed that "no master, +or fellow, shall take no apprentice for less than seven years." + +In another series of charges, whose exact date is not ascertained, but +whose language and orthography indicate their antiquity, it is said: "Ye +shall ordain the wisest to be Master of the work; and neither for love nor +lineage, riches nor favor, set one over the work[73] who hath but little +knowledge, whereby the Master would be evil served, and ye ashamed." + +These charges clearly show the great stress that was placed by our ancient +Brethren upon the necessity of skill and proficiency, and they have +furnished the precedents upon which are based all the similar regulations +that have been subsequently applied to Speculative Masonry. + +In the year 1722, the Grand Lodge of England ordered the "Old Charges of +the Free and Accepted Masons" to be collected from the ancient records, +and, having approved of them, they became a part of the Constitutions of +Speculative Freemasonry. In these Charges, it is ordained that "a younger +Brother shall be instructed in working, to prevent spoiling the materials +for want of judgment, and for increasing and continuing of brotherly +love." + +Subsequently, in 1767, it was declared by the Grand Lodge, that "no lodge +shall be permitted to make and raise the same Brother, at one and the same +meeting, without a dispensation from the Grand Master, or his Deputy;" +and, lest too frequent advantage should be taken of this power of +dispensation, to hurry candidates through the degrees, it is added that +the dispensation, "_on very particular occasions only_, may be +requested." + +The Grand Lodge of England afterwards found it necessary to be more +explicit on this subject, and the regulation of that body is now contained +in the following language: + +"No candidate shall be permitted to receive more than one degree on the +same day, nor shall a higher degree in Masonry be conferred on any Brother +at a less interval than four weeks from his receiving a previous degree, +nor until he has passed an examination in open lodge in that degree."[74] + +This seems to be the recognized principle on which the fraternity are, at +this day, acting in this country. The rule is, perhaps, sometimes, and in +some places, in abeyance. A few lodges, from an impolitic desire to +increase their numerical strength, or rapidly to advance men of worldly +wealth or influence to high stations in the Order, may infringe it, and +neglect to demand of their candidates that suitable proficiency which +ought to be, in Masonry, an essential recommendation to promotion; but the +great doctrine that each degree should be well studied, and the candidate +prove his proficiency in it by an examination, has been uniformly set +forth by the Grand Lodge of the United States, whenever they have +expressed an opinion on the subject. + +Thus, for instance, in 1845, the late Bro. A.A. Robertson, Grand Master of +New York, gave utterance to the following opinion, in his annual address +to the intelligent body over which he presided: + +"The practice of examining candidates in the prior degrees, before +admission to the higher, in order to ascertain their proficiency, is +gaining the favorable notice of Masters of lodges, and cannot be too +highly valued, nor too strongly recommended to all lodges in this +jurisdiction. It necessarily requires the novitiate to reflect upon the +bearing of all that has been so far taught him, and consequently to +impress upon his mind the beauty and utility of those sublime truths, +which have been illustrated in the course of the ceremonies he has +witnessed in his progress in the mystic art. In a word, it will be the +means of making competent overseers of the work--and no candidate should +be advanced, until he has satisfied the lodge, by such examination, that +he has made the necessary proficiency in the lower degrees."[75] + +In 1845, the Grand Lodge of Iowa issued a circular to her subordinates, +in which she gave the following admonition: + +"To guard against hasty and improper work, she prohibits a candidate from +being advanced till he has made satisfactory proficiency in the preceding +degrees, by informing himself of the lectures pertaining thereto; and to +suffer a candidate to proceed who is ignorant in this essential +particular, is calculated in a high degree to injure the institution and +retard its usefulness." + +The Grand Lodge of Illinois has practically declared its adhesion to the +ancient regulation; for, in the year 1843, the dispensation of Nauvoo +Lodge, one of its subordinates, was revoked principally on the ground that +she was guilty "of pushing the candidate through the second and third +degrees, before he could possibly be skilled in the preceding degree." And +the committee who recommended the revocation, very justly remarked that +they were not sure that any length of probation would in all cases insure +skill, but they were certain that the ancient landmarks of the Order +required that the lodge should know that the candidate is well skilled in +one degree before being admitted to another. + +The Grand Lodges of Massachusetts and South Carolina have adopted, almost +in the precise words, the regulation of the Grand Lodge of England, +already cited, which requires an interval of one month to elapse between +the conferring of degrees. The Grand Lodge of New Hampshire requires a +greater probation for its candidates; its constitution prescribes the +following regulation: "All Entered Apprentices must work five months as +such, before they can be admitted to the degree of Fellow Craft. All +Fellow Crafts must work in a lodge of Fellow Crafts three months, before +they can be raised to the sublime degree of Master Mason. Provided, +nevertheless, that if any Entered Apprentice, or Fellow Craft, shall make +himself thoroughly acquainted with all the information belonging to his +degree, he may be advanced at an earlier period, at the discretion of the +lodge." + +But, perhaps, the most stringent rule upon this subject, is that which +exists in the Constitution of the Grand Lodge of Hanover, which is in the +following words: + +"No Brother can be elected an officer of a lodge until he has been three +years a Master Mason. A Fellow Craft must work at least one year in that +degree, before he can be admitted to the third degree. An Entered +Apprentice must remain at least two years in that degree." + +It seems unnecessary to extend these citations. The existence of the +regulation, which requires a necessary probation in candidates, until due +proficiency is obtained, is universally admitted. The ancient +constitutions repeatedly assert it, and it has received the subsequent +sanction of innumerable Masonic authorities. But, unfortunately, the +practice is not always in accordance with the rule. And, hence, the object +of this article is not so much to demonstrate the existence of the law, as +to urge upon our readers the necessity of a strict adherence to it. There +is no greater injury which can be inflicted on the Masonic Order (the +admission of immoral persons excepted), than that of hurrying candidates +through the several degrees. Injustice is done to the institution, whose +peculiar principles and excellencies are never properly presented--and +irreparable injury to the candidate, who, acquiring no fair appreciation +of the ceremonies through which he rapidly passes, or of the instructions +which he scarcely hears, is filled either with an indifference that never +afterwards can be warmed into zeal, or with a disgust that can never be +changed into esteem. Masonry is betrayed in such an instance by its +friends, and often loses the influence of an intelligent member, who, if +he had been properly instructed, might have become one of its warmest and +most steadfast advocates. + +This subject is so important, that I will not hesitate to add to the +influence of these opinions the great sanction of Preston's authority. + +"Many persons," says that able philosopher of Masonry, "are deluded by the +vague supposition that our mysteries are merely nominal; that the +practices established among us are frivolous, and that our ceremonies may +be adopted, or waived at pleasure. On this false foundation, we find them +hurrying through all the degrees of the Order, without adverting to the +propriety of one step they pursue, or possessing a single qualification +requisite for advancement. Passing through the usual formalities, they +consider themselves entitled to rank as masters of the art, solicit and +accept offices, and assume the government of the lodge, equally +unacquainted with the rules of the institution they pretend to support, or +the nature of the trust they engage to perform. The consequence is +obvious; anarchy and confusion ensue, and the substance is lost in the +shadow. Hence men eminent for ability, rank, and fortune, are often led to +view the honors of Masonry with such indifference, that when their +patronage is solicited, they either accept offices with reluctance, or +reject them with disdain."[76] + +Let, then, no lodge which values its own usefulness, or the character of +our institution, admit any candidate to a higher degree, until he has made +suitable proficiency in the preceding one, to be always tested by a strict +examination in open lodge. Nor can it do so, without a palpable violation +of the laws of Masonry. + + + +Section X. + +_Of Balloting for Candidates in each Degree._ + + +Although there is no law, in the Ancient Constitutions, which in express +words requires a ballot for candidates in each degree, yet the whole tenor +and spirit of these constitutions seem to indicate that there should be +recourse to such a ballot. The constant reference, in the numerous +passages which were cited in the preceding Section, to the necessity of +an examination into the proficiency of those who sought advancement, would +necessarily appear to imply that a vote of the lodge must be taken on the +question of this proficiency. Accordingly, modern Grand Lodges have +generally, by special enactment, required a ballot to be taken on the +application of an Apprentice or Fellow Craft for advancement, and where no +such regulation has been explicitly laid down, the almost constant usage +of the craft has been in favor of such ballot. + +The Ancient Constitutions having been silent on the subject of the letter +of the law, local usage or regulations must necessarily supply the +specific rule. + +Where not otherwise provided by the Constitutions of a Grand Lodge or the +bye-laws of a subordinate lodge, analogy would instruct us that the +ballot, on the application of Apprentices or Fellow Crafts for +advancement, should be governed by the same principles that regulate the +ballot on petitions for initiation. + +Of course, then, the vote should be unanimous: for I see no reason why a +lodge of Fellow Crafts should be less guarded in its admission of +Apprentices, than a lodge of Apprentices is in its admission of profanes. + +Again, the ballot should take place at a stated meeting, so that every +member may have "due and timely notice," and be prepared to exercise his +"inherent privilege" of granting or withholding his consent; for it must +be remembered that the man who was worthy or supposed to be so, when +initiated as an Entered Apprentice, may prove to be unworthy when he +applies to pass as a Fellow Graft, and every member should, therefore, +have the means and opportunity of passing his judgment on that worthiness +or unworthiness. + +If the candidate for advancement has been rejected once, he may again +apply, if there is no local regulation to the contrary. But, in such a +case, due notice should be given to all the members, which is best done by +making the application at one regular meeting, and voting for it on the +next. This, however, I suppose to be only necessary in the case of a +renewed application after a rejection. An Entered Apprentice or a Fellow +Craft is entitled after due probation to make his application for +advancement; and his first application may be balloted for on the same +evening, provided it be a regular meeting of the lodge. The members are +supposed to know what work is before them to do, and should be there to +do it. + +But the case is otherwise whenever a candidate for advancement has been +rejected. He has now been set aside by the lodge, and no time is laid down +in the regulations or usages of the craft for his making a second +application. He may never do so, or he may in three months, in a year, or +in five years. The members are, therefore, no more prepared to expect this +renewed application at any particular meeting of the lodge, than they are +to anticipate any entirely new petition of a profane. If, therefore, the +second application is not made at one regular meeting and laid over to the +next, the possibility is that the lodge may be taken by surprise, and in +the words of the old Regulation, "a turbulent member may be imposed on +it." + +The inexpediency of any other course may be readily seen, from a +suppositions case. We will assume that in a certain lodge, A, who is a +Fellow Craft, applies regularly for advancement to the third degree. On +this occasion, for good and sufficient reasons, two of the members, B and +C, express their dissent by depositing black balls. His application to be +raised is consequently rejected, and he remains a Fellow Graft. Two or +three meetings of the lodge pass over, and at each, B and C are present; +but, at the fourth meeting, circumstances compel their absence, and the +friends of A, taking advantage of that occurrence, again propose him for +advancement; the ballot is forthwith taken, and he is elected and raised +on the same evening. The injustice of this course to B and C, and the evil +to the lodge and the whole fraternity, in this imposition of one who is +probably an unworthy person, will be apparent to every intelligent and +right-minded Mason. + +I do not, however, believe that a candidate should be rejected, on his +application for advancement, in consequence of objections to his moral +worth and character. In such a case, the proper course would be to prefer +charges, to try him as an Apprentice or Fellow Craft; and, if found +guilty, to suspend, expel, or otherwise appropriately punish him. The +applicant as well as the Order is, in such a case, entitled to a fair +trial. Want of proficiency, or a mental or physical disqualification +acquired since the reception of the preceding degree, is alone a +legitimate cause for an estoppal of advancement by the ballot. But this +subject will be treated of further in the chapter on the rights of Entered +Apprentices. + + + +Section XI. + +_Of the Number to be Initiated at one Communication._ + + +The fourth General Regulation decrees that "no Lodge shall make more than +five new Brothers at one time." This regulation has been universally +interpreted (and with great propriety) to mean that not more than five +degrees can be conferred at the same communication. + +This regulation is, however, subject to dispensation by the Grand Master, +or Presiding Grand Officer, in which case the number to be initiated, +passed, or raised, will be restricted only by the words of the +dispensation. + +The following, or fifth General Regulation, says that "no man can be made +or admitted a member of a particular lodge, without previous notice, one +month before, given to the same lodge." + +Now, as a profane cannot be admitted an Entered Apprentice, or in other +words, a member of an Entered Apprentices' lodge, unless after one month's +notice, so it follows that an Apprentice cannot be admitted a member of a +Fellow Crafts' lodge, nor a Fellow Craft of a Masters', without the like +probation. For the words of the regulation which apply to one, will +equally apply to the others. And hence we derive the law, that a month at +least must always intervene between the reception of one degree and the +advancement to another. But this rule is also subject to a dispensation. + + + +Section XII. + +_Of Finishing the Candidates of one Lodge in another._ + + +It is an ancient and universal regulation, that no lodge shall interfere +with the work of another by initiating its candidates, or passing or +raising its Apprentices and Fellow Crafts. Every lodge is supposed to be +competent to manage its own business, and ought to be the best judge of +the qualifications of its own members, and hence it would be highly +improper in any lodge to confer a degree on a Brother who is not of its +household. + +This regulation is derived from a provision in the Ancient Charges, which +have very properly been supposed to contain the fundamental law of +Masonry, and which prescribes the principle of the rule in the following +symbolical language: + +"None shall discover envy at the prosperity of a Brother, nor supplant him +or put him out of his work, if he be capable to finish the same; for no +man can finish another's work, so much to the Lord's profit, unless he be +thoroughly acquainted with the designs and draughts of him that began it." + +There is, however, a case in which one lodge may, by consent, legally +finish the work of another. Let us suppose that a candidate has been +initiated in a lodge at A----, and, before he receives his second degree, +removes to B----, and that being, by the urgency of his business, unable +either to postpone his departure from A----, until he has been passed and +raised, or to return for the purpose of his receiving his second and third +degrees, then it is competent for the lodge at A---- to grant permission +to the lodge at B---- to confer them on the candidate. + +But how shall this permission be given--by a unanimous vote, or merely by +a vote of the majority of the members at A----? Here it seems to me that, +so far as regards the lodge at A----, the reasons for unanimity no longer +exist. There is here no danger that a "fractious member will be imposed on +them," as the candidate, when finished, will become a member of the lodge +at B----. The question of consent is simply in the nature of a +resolution, and may be determined by the assenting votes of a majority of +the members at A---. It is, however, to be understood, that if any Brother +believes that the candidate is unworthy, from character, of further +advancement, he may suspend the question of consent, by preferring charges +against him. If this is not done, and the consent of the lodge is +obtained, that the candidate may apply to the lodge at B---, then when his +petition is read in that lodge, it must, of course, pass through the usual +ordeal of a month's probation, and a unanimous vote; for here the old +reasons for unanimity once more prevail. + +I know of no ancient written law upon this subject, but it seems to me +that the course I have described is the only one that could be suggested +by analogy and common sense. + + + +Section XIII. + +_Of the Initiation of Non-residents._ + + +The subject of this section is naturally divided into two +branches:--First, as to the initiation by a lodge of a candidate, who, +residing in the same State or Grand Lodge jurisdiction, is still not an +inhabitant of the town in which the lodge to which he applies is +situated, but resides nearer to some other lodge; and, secondly, as to the +initiation of a stranger, whose residence is in another State, or under +the jurisdiction of another Grand Lodge. + +1. The first of these divisions presents a question which is easily +answered. Although I can find no ancient regulation on this subject, +still, by the concurrent authority of all Grand Lodges in this country, at +least, (for the Grand Lodge of England has no such provision in its +Constitution,) every lodge is forbidden to initiate any person whose +residence is nearer to any other lodge. If, however, such an initiation +should take place, although the lodge would be censurable for its +violation of the regulations of its superior, yet there has never been any +doubt that the initiation would be good and the candidate so admitted +regularly made. The punishment must fall upon the lodge and not upon the +newly-made Brother. + +2. The second division presents a more embarrassing inquiry, on account of +the diversity of opinions which have been entertained on the subject. Can +a lodge in one State, or Grand Lodge jurisdiction, initiate the resident +of another State, and would such initiation be lawful, and the person so +initiated a regular Mason, or, to use the technical language of the Order, +a Mason made "in due form," and entitled to all the rights and privileges +of the Order? + +The question is one of considerable difficulty; it has given occasion to +much controversy, and has been warmly discussed within the last few years +by several of the Grand Lodges of the United States. + +In 1847, the Grand Lodge of Alabama adopted the following regulation, +which had been previously enacted by the Grand Lodge of Tennessee: + +"Any person residing within the jurisdiction of this Grand Lodge, who has +already, or shall hereafter, travel into any foreign jurisdiction, and +there receive the degrees of Masonry, such person shall not be entitled to +the rights, benefits, and privileges of Masonry within this jurisdiction, +until he shall have been regularly admitted a member of the subordinate +lodge under this Grand Lodge, nearest which he at the time resides, in the +manner provided by the Constitution of this Grand Lodge for the admission +of members." + +The rule adopted by the Grand Lodge of Maryland is still more stringent. +It declares, "that if any individual, from selfish motives, from distrust +of his acceptance, or other causes originating in himself, knowingly and +willfully travel into another jurisdiction, and there receive the masonic +degrees, he shall be considered and held as a clandestine made Mason." + +The Grand Lodge of New York, especially, has opposed these regulations, +inflicting a penalty on the initiate, and assigns its reasons for the +opposition in the following language: + +"Before a man becomes a Mason, he is subject to no law which any Grand +Lodge can enact. No Grand Lodge has a right to make a law to compel any +citizen, who desires, to be initiated in a particular lodge, or in the +town or State of his residence; neither can any Grand Lodge forbid a +citizen to go where he pleases to seek acceptance into fellowship with the +craft; and where there is no right to compel or to forbid, there can be no +right to punish; but it will be observed, that the laws referred to were +enacted to punish the citizens of Maryland and Alabama, as Masons and +Brethren, for doing something before they were Masons and Brethren, which +they had a perfect right to do as citizens and freemen; and it must +certainly be regarded as an act of deception and treachery by a young +Mason, on returning home, to be told, that he is 'a clandestine Mason,' +that he 'ought to be expelled,' or, that he cannot be recognized as a +Brother till he 'joins a lodge where his residence is,' because he was +initiated in New York, in England, or in France, after having heard all +his life of the universality and oneness of the institution."[77] + +It seems to us that the Grand Lodge of New York has taken the proper view +of the subject; although we confess that we are not satisfied with the +whole course of reasoning by which it has arrived at the conclusion. +Whatever we may be inclined to think of the inexpediency of making +transient persons (and we certainly do believe that it would be better +that the character and qualifications of every candidate should be +submitted to the inspection of his neighbors rather than to that of +strangers), however much we may condemn the carelessness and facility of a +lodge which is thus willing to initiate a stranger, without that due +examination of his character, which, of course, in the case of +non-residents, can seldom be obtained, we are obliged to admit that such +makings are legal--the person thus made cannot be called a clandestine +Mason, because he has been made in a legally constituted lodge--and as he +is a regular Mason, we know of no principle by which he can be refused +admission as a visitor into any lodge to which he applies. + +Masonry is universal in its character, and knows no distinction of nation +or of religion. Although each state or kingdom has its distinct Grand +Lodge, this is simply for purposes of convenience in carrying out the +principles of uniformity and subordination, which should prevail +throughout the masonic system. The jurisdiction of these bodies is +entirely of a masonic character, and is exercised only over the members of +the Order who have voluntarily contracted their allegiance. It cannot +affect the profane, who are, of course, beyond its pale. It is true, that +as soon as a candidate applies to a lodge for initiation, he begins to +come within the scope of masonic law. He has to submit to a prescribed +formula of application and entrance, long before he becomes a member of +the Order. But as this formula is universal in its operation, affecting +candidates who are to receive it and lodges which are to enforce it in all +places, it must have been derived from some universal authority. The +manner, therefore, in which a candidate is to be admitted, and the +preliminary qualifications which are requisite, are prescribed by the +landmarks, the general usage, and the ancient constitutions of the Order. +And as they have directed the _mode how_, they might also have prescribed +the _place where_, a man should be made a Mason. But they have done no +such thing. We cannot, after the most diligent search, find any +constitutional regulation of the craft, which refers to the initiation of +non-residents. The subject has been left untouched; and as the ancient and +universally acknowledged authorities of Masonry have neglected to +legislate on the subject, it is now too late for any modern and local +authority, like that of a Grand Lodge, to do so. + +A Grand Lodge may, it is true, forbid--as Missouri, South Carolina, +Georgia, and several other Grand Lodges have done--the initiation of +non-residents, within its own jurisdiction, because this is a local law +enacted by a local authority; but it cannot travel beyond its own +territory, and prescribe the same rule to another Grand Lodge, which may +not, in fact, be willing to adopt it. + +The conclusions, then, at which we arrive no this subject are these: The +ancient constitutions have prescribed no regulation on the subject of the +initiation of non-residents; it is, therefore, optional with every Grand +Lodge, whether it will or will not suffer such candidates to be made +within its own jurisdiction; the making, where it is permitted, is legal, +and the candidate so made becomes a regular Mason, and is entitled to the +right of visitation. + +What, then, is the remedy, where a person of bad character, and having, in +the language of the Grand Lodge of Maryland, "a distrust of his +acceptance" at home, goes abroad and receives the degrees of Masonry? No +one will deny that such a state of things is productive of great evil to +the craft. Fortunately, the remedy is simple and easily applied. Let the +lodge, into whose jurisdiction he has returned, exercise its power of +discipline, and if his character and conduct deserve the punishment, let +him be expelled from the Order. If he is unworthy of remaining in the +Order, he should be removed from it at once; but if he is worthy of +continuing in it, there certainly can be no objection to his making use of +his right to visit. + + + + +Chapter II. + +Of the Rights of Entered Apprentices. + + + +In an inquiry into the rights of Entered Apprentices, we shall not be much +assisted by the Ancient Constitutions, which, leaving the subject in the +position in which usage had established it, are silent in relation to what +is the rule. In all such cases, we must, as I have frequently remarked +before, in settling the law, have recourse to analogy, to the general +principles of equity, and the dictates of common sense, and, with these +three as our guides, we shall find but little difficulty in coming to a +right conclusion. + +At present, an Entered Apprentice is not considered a member of the Lodge, +which privilege is only extended to Master Masons. This was not formerly +the case. Then the Master's degree was not as indiscriminately conferred +as it is now. A longer probation and greater mental or moral +qualifications were required to entitle a candidate to this sublime +dignity. None were called Master Masons but such as had presided over +their Lodges, and the office of Wardens was filled by Fellow Crafts. +Entered Apprentices, as well as Fellow Crafts, were permitted to attend +the communications of the Grand Lodge, and express their opinions; and, in +1718, it was enacted that every new regulation, proposed in the Grand +Lodge, should be submitted to the consideration of even the youngest +Entered Apprentice. Brethren of this degree composed, in fact, at that +time, the great body of the craft. But, all these things have, since, by +the gradual improvement of our organization, undergone many alterations; +and Entered Apprentices seem now, by universal consent, to be restricted +to a very few rights. They have the right of sitting in all lodges of +their degree, of receiving all the instructions which appertain to it, but +not of speaking or voting, and, lastly, of offering themselves as +candidates for advancement, without the preparatory necessity of a formal +written petition. + +These being admitted to be the rights of an Entered Apprentice, few and +unimportant as they may be, they are as dear to him as those of a Master +Mason are to one who has been advanced to that degree; and he is, and +ought to be, as firmly secured in their possession. Therefore, as no Mason +can be deprived of his rights and privileges, except after a fair and +impartial trial, and the verdict of his peers, it is clear that the +Entered Apprentice cannot be divested of these rights without just such a +trial and verdict. + +But, in the next place, we are to inquire whether the privilege of being +passed as a Fellow Craft is to be enumerated among these rights? And, we +clearly answer, No. The Entered Apprentice has the right of making the +application. Herein he differs from a profane, who has no such right of +application until he has qualified himself for making it, by becoming an +Entered Apprentice. But, if the application is granted, it is _ex gratia_, +or, by the favour of the lodge, which may withhold it, if it pleases. If +such were not the case, the lodge would possess no free will on the +subject of advancing candidates; and the rule requiring a probation and an +examination, before passing, would be useless and absurd--because, the +neglect of improvement or the want of competency would be attended with no +penalty. + +It seems to me, then, that, when an Apprentice applies for his second +degree, the lodge may, if it thinks proper, refuse to grant it; and that +it may express that refusal by a ballot. No trial is necessary, because no +rights of the candidate are affected. He is, by a rejection of his +request, left in the same position that he formerly occupied. He is still +an Entered Apprentice, in good standing; and the lodge may, at any time it +thinks proper, reverse its decision and proceed to pass him. + +If, however, he is specifically charged with any offense against the laws +of Masonry, it would then be necessary to give him a trial. Witnesses +should be heard, both for and against him, and he should be permitted to +make his defense. The opinion of the lodge should be taken, as in all +other cases of trial, and, according to the verdict, he should be +suspended, expelled, or otherwise punished. + +The effect of these two methods of proceeding is very different. When, by +a ballot, the lodge refuses to advance an Entered Apprentice, there is +not, necessarily, any stigma on his moral character. It may be, that the +refusal is based on the ground that he has not made sufficient proficiency +to entitle him to pass. Consequently, his standing as an Entered +Apprentice is not at all affected. His rights remain the same. He may +still sit in the lodge when it is opened in his degree; he may still +receive instructions in that degree; converse with Masons on masonic +subjects which are not beyond his standing; and again apply to the lodge +for permission to pass as a Fellow Craft. + +But, if he be tried on a specific charge, and be suspended or expelled, +his moral character is affected. His masonic rights are forfeited; and he +can no longer be considered as an Entered Apprentice in good standing. He +will not be permitted to sit in his lodge, to receive masonic instruction, +or to converse with Masons on masonic subjects; nor can he again apply for +advancement until the suspension or expulsion is removed by the +spontaneous action of the lodge. + +These two proceedings work differently in another respect. The Grand Lodge +will not interfere with a subordinate lodge in compelling it to pass an +Entered Apprentice; because every lodge is supposed to be competent to +finish, in its own time, and its own way, the work that it has begun. But, +as the old regulations, as well as the general consent of the craft, admit +that the Grand Lodge alone can expel from the rights and privileges of +Masonry, and that an expulsion by a subordinate lodge is inoperative until +it is confirmed by the Grand Lodge, it follows that the expulsion of the +Apprentice must be confirmed by that body; and that, therefore, he has a +right to appeal to it for a reversal of the sentence, if it was unjustly +pronounced. + +Let it not be said that this would be placing an Apprentice on too great +an equality with Master Masons. His rights are dear to him; he has paid +for them. No man would become an Apprentice unless he expected, in time, +to be made a Fellow Craft, and then a Master. He is, therefore, morally +and legally wronged when he is deprived, without sufficient cause, of the +capacity of fulfilling that expectation. It is the duty of the Grand Lodge +to see that not even the humblest member of the craft shall have his +rights unjustly invaded; and it is therefore bound, as the conservator of +the rights of all, to inquire into the truth, and administer equity. +Whenever, therefore, even an Entered Apprentice complains that he has met +with injustice and oppression, his complaint should be investigated and +justice administered. + +The question next occurs--What number of black balls should prevent an +Apprentice from passing to the second degree? I answer, the same number +that would reject the application of a profane for initiation into the +Order. And why should this not be so? Are the qualifications which would +be required of one applying, for the first time, for admission to the +degree of an Apprentice more than would subsequently be required of the +same person on his applying for a greater favor and a higher honor--that +of being advanced to the second degree? Or do the requisitions, which +exist in the earlier stages of Masonry, become less and less with every +step of the aspirant's progress? Viewing the question in this light--and, +indeed, I know of no other in which to view it--it seems to me to be +perfectly evident that the peculiar constitution and principles of our +Order will require unanimity in the election of a profane for initiation, +of an Apprentice for a Fellow Craft, and of a Fellow Craft for a Master +Mason; and that, while no Entered Apprentice can be expelled from the +Order, except by due course of trial, it is competent for the lodge, at +any time, on a ballot, to refuse to advance him to the second degree. But, +let it be remembered that the lodge which refuses to pass an Apprentice, +on account of any objections to his moral character, or doubts of his +worthiness, is bound to give him the advantage of a trial, and at once to +expel him, if guilty, or, if innocent, to advance him when otherwise +qualified. + + + + +Chapter III. + +Of the Rights of Fellow Crafts. + + + +In ancient times there were undoubtedly many rights attached to the second +degree which have now become obsolete or been repealed; for formerly the +great body of the fraternity were Fellow Crafts, and according to the old +charges, even the Grand Master might be elected from among them. The +Master and Wardens of Subordinate Lodges always were. Thus we are told +that no Brother can be Grand Master, "unless he has been a Fellow Craft +before his election," and in the ancient manner of constituting a lodge, +contained in the Book of Constitutions,[78] it is said that "the +candidates, or the new Master and Wardens, being yet among the Fellow +Crafts, the Grand Master shall ask his Deputy if he has examined them," +etc. But now that the great body of the Fraternity consists of Master +Masons, the prerogatives of Fellow Crafts are circumscribed within limits +nearly as narrow as those of Entered Apprentices. While, however, +Apprentices are not permitted to speak or vote, in ancient times, and up, +indeed, to a very late date. Fellow Crafts were entitled to take a part in +any discussion in which the lodge, while open in the first or second +degree, might engage, but not to vote. This privilege is expressly stated +by Preston, as appertaining to a Fellow Craft, in his charge to a +candidate, receiving that degree. + +"As a Craftsman, in our private assemblies you may offer your sentiments +and opinions on such subjects as are regularly introduced in the Lecture, +under the superintendence of an experienced Master, who will guard the +landmark against encroachment."[79] + +This privilege is not now, however, granted in this country to Fellow +Crafts. All, therefore, that has been said in the preceding chapter, of +the rights of Entered Apprentices, will equally apply, _mutatis mutandis_, +to the rights of Fellow Crafts. + + + + +Chapter IV. + +Of the Rights of Master Masons. + + + +When a Mason has reached the third degree, he becomes entitled to all the +rights and privileges of Ancient Craft Masonry. These rights are extensive +and complicated; and, like his duties, which are equally as extensive, +require a careful examination, thoroughly to comprehend them. Four of +them, at least, are of so much importance as to demand a distinct +consideration. These are the rights of membership, of visitation, of +relief, and of burial. To each I shall devote a separate section. + + + +Section I. + +_Of the Right of Membership._ + + +The whole spirit and tenor of the General Regulations, as well as the +uniform usage of the craft, sustain the doctrine, that when a Mason is +initiated in a lodge, he has the right, by signing the bye-laws, to +become a member without the necessity of submitting to another ballot. In +the Constitutions of the Grand Lodge of New York, this principle is +asserted to be one of the ancient landmarks, and is announced in the +following words: "Initiation makes a man a Mason; but he must receive the +Master's degree, and sign the bye-laws before he becomes a member of the +lodge."[80] If the doctrine be not exactly a landmark (which I confess I +am not quite prepared to admit), it comes to us almost clothed with the +authority of one, from the sanction of universal and uninterrupted usage. + +How long before he loses this right by a _non-user_, or neglect to avail +himself of it, is, I presume, a question to be settled by local authority. +A lodge, or a Grand Lodge, may affix the period according to its +discretion; but the general custom is, to require a signature of the +bye-laws, and a consequent enrollment in the lodge, within three months +after receiving the third degree. Should a Mason neglect to avail himself +of his privilege, he forfeits it (unless, upon sufficient cause, he is +excused by the lodge), and must submit to a ballot. + +The reason for such a law is evident. If a Mason does not at once unite +himself with the lodge in which he was raised, but permits an extended +period of time to elapse, there is no certainty that his character or +habits may not have changed, and that he may not have become, since his +initiation, unworthy of affiliation. Under the general law, it is, +therefore, necessary that he should in such case submit to the usual +probation of one month, and an investigation of his qualifications by a +committee, as well as a ballot by the members. + +But there are other privileges also connected with this right of +membership. A profane is required to apply for initiation to the lodge +nearest his place of residence, and, if there rejected, can never in +future apply to any other lodge. But the rule is different with respect to +the application of a Master Mason for membership. + +A Master Mason is not restricted in his privilege of application for +membership within any geographical limits. All that is required of him is, +that he should be an affiliated Mason; that is, that he should be a +contributing member of a lodge, without any reference to its peculiar +locality, whether near to or distant from his place of residence. The Old +Charges simply prescribe, that every Mason ought to belong to a lodge. A +Mason, therefore, strictly complies with this regulation, when he unites +himself with any lodge, thus contributing to the support of the +institution, and is then entitled to all the privileges of an affiliated +Mason. + +A rejection of the application of a Master Mason for membership by a lodge +does not deprive him of the right of applying to another. A Mason is in +"good standing" until deprived of that character by the action of some +competent masonic authority; and that action can only be by suspension or +expulsion. Rejection does not, therefore, affect the "good standing" of +the applicant; for in a rejection there is no legal form of trial, and +consequently the rejected Brother remains in the same position after as +before his rejection. He possesses the same rights as before, unimpaired +and undiminished; and among these rights is that of applying for +membership to any lodge that he may select. + +If, then, a Mason may be a member of a lodge distant from his place of +residence, and, perhaps, even situated in a different jurisdiction, the +question then arises whether the lodge within whose precincts he resides, +but of which he is not a member, can exercise its discipline over him +should he commit any offense requiring masonic punishment. On this subject +there is, among masonic writers, a difference of opinion. I, however, +agree with Brother Pike, the able Chairman of the Committee of +Correspondence of Arkansas, that the lodge can exercise such discipline. I +contend that a Mason is amenable for his conduct not only to the lodge of +which he may be a member, but also to any one within whose jurisdiction he +permanently resides. A lodge is the conservator of the purity and the +protector of the integrity of the Order within its precincts. The unworthy +conduct of a Mason, living as it were immediately under its government, is +calculated most injuriously to affect that purity and integrity. A lodge, +therefore, should not be deprived of the power of coercing such unworthy +Mason, and, by salutary punishment, of vindicating the character of the +institution. Let us suppose, by way of example, that a Mason living in San +Francisco, California, but retaining his membership in New York, behaves +in such an immoral and indecorous manner as to bring the greatest +discredit upon the Order, and to materially injure it in the estimation of +the uninitiated community. Will it be, for a moment, contended that a +lodge in San Francisco cannot arrest the evil by bringing the unworthy +Mason under discipline, and even ejecting him from the fraternity, if +severity like that is necessary for the protection of the institution? Or +will it be contended that redress can only be sought through the delay and +uncertainty of an appeal to his lodge in New York? Even if the words of +the ancient laws are silent on this subject, reason and justice would seem +to maintain the propriety and expediency of the doctrine that the lodge at +San Francisco is amply competent to extend its jurisdiction and exercise +its discipline over the culprit. + +In respect to the number of votes necessary to admit a Master Mason +applying by petition for membership in a lodge, there can be no doubt that +he must submit to precisely the same conditions as those prescribed to a +profane on his petition for initiation. There is no room for argument +here, for the General Regulations are express on this subject. + +"No man can be made or _admitted a member_ of a particular lodge," says +the fifth regulation, "without previous notice one month before given to +the said lodge." + +And the sixth regulation adds, that "no man can be entered a Brother in +any particular lodge, or _admitted to be a member_ thereof, without the +unanimous consent of all the members of that lodge then present." + +So that it may be considered as settled law, so far as the General +Regulations can settle a law of Masonry, that a Master Mason can only be +admitted a member of a lodge when applying by petition, after a month's +probation, after due inquiry into his character, and after a unanimous +ballot in his favor. + +But there are other rights of Master Masons consequent upon membership, +which remain to be considered. In uniting with a lodge, a Master Mason +becomes a participant of all its interests, and is entitled to speak and +vote upon all subjects that come before the lodge for investigation. He is +also entitled, if duly elected by his fellows, to hold any office in the +lodge, except that of Master, for which he must be qualified by previously +having occupied the post of a Warden. + +A Master has the right in all cases of an appeal from the decision of the +Master or of the lodge. + +A Master Mason, in good standing, has a right at any time to demand from +his lodge a certificate to that effect. + +Whatever other rights may appertain to Master Masons will be the subjects +of separate sections. + + + +Section II. + +_Of the Right of Visit._ + + +Every Master Mason, who is an affiliated member of a lodge, has the right +to visit any other lodge as often as he may desire to do so. This right is +secured to him by the ancient regulations, and is, therefore, +irreversible. In the "Ancient Charges at the Constitution of a Lodge," +formerly contained in a MS. of the Lodge of Antiquity in London, and whose +date is not later than 1688,[81]it is directed "that every Mason receive +and cherish strange fellows when they come over the country, and set them +on work, if they will work as the manner is; that is to say, if the Mason +have any mould stone in his place, he shall give him a mould stone, and +set him on work; and if he have none, the Mason shall refresh him with +money unto the next lodge." + +This regulation is explicit. It not only infers the right of visit, but +it declares that the strange Brother shall be welcomed, "received, and +cherished," and "set on work," that is, permitted to participate in the +work of your lodge. Its provisions are equally applicable to Brethren +residing in the place where the lodge is situated as to transient +Brethren, provided that they are affiliated Masons. + +In the year 1819, the law was in England authoritatively settled by a +decree of the Grand Lodge. A complaint had been preferred against a lodge +in London, for having refused admission to some Brethren who were well +known to them, alleging that as the lodge was about to initiate a +candidate, no visitor could be admitted until that ceremony was concluded. +It was then declared, "that it is the undoubted right of every Mason who +is well known, or properly vouched, to visit any lodge during the time it +is opened for general masonic business, observing the proper forms to be +attended to on such occasions, and so that the Master may not be +interrupted in the performance of his duty."[82] + +A lodge, when not opened for "general masonic business," but when engaged +in the consideration of matters which interest the lodge alone, and which +it would be inexpedient or indelicate to make public, may refuse to admit +a visitor. Lodges engaged in this way, in private business, from which +visitors are excluded, are said by the French Masons to be opened "_en +famille_." + +To entitle him to this right of visit, a Mason must be affiliated, that +is, he must be a contributing member of some lodge. This doctrine is thus +laid down in the Constitutions of the Grand Lodge of England: + +"A Brother who is not a subscribing member to some lodge, shall not be +permitted to visit any one lodge in the town or place in which he resides, +more than once during his secession from the craft." + +A non-subscribing or unaffiliated Mason is permitted to visit each lodge +once, and once only, because it is supposed that this visit is made for +the purpose of enabling him to make a selection of the one with which he +may prefer permanently to unite. But, afterwards, he loses this right of +visit, to discountenance those Brethren who wish to continue members of +the Order, and to partake of its pleasures and advantages, without +contributing to its support. + +A Master Mason is not entitled to visit a lodge, unless he previously +submits to an examination, or is personally vouched for by a competent +Brother present; but this is a subject of so much importance as to claim +consideration in a distinct section. + +Another regulation is, that a strange Brother shall furnish the lodge he +intends to visit with a certificate of his good standing in the lodge from +which he last hailed. This regulation has, in late years, given rise to +much discussion. Many of the Grand Lodges of this country, and several +masonic writers, strenuously contend for its antiquity and necessity, +while others as positively assert that it is a modern innovation upon +ancient usage. + +There can, however, I think, be no doubt of the antiquity of certificates. +That the system requiring them was in force nearly two hundred years ago, +at least, will be evident from the third of the Regulations made in +General Assembly, December 27, 1663, under the Grand Mastership of the +Earl of St. Albans,[83] and which is in the following words: + +"3. That no person hereafter who shall be accepted a Freemason, shall be +admitted into any lodge or assembly, until he has brought a certificate +of the time and place of his acceptation, from the lodge that accepted +him, unto the Master of that limit or division where such a lodge is +kept." This regulation has been reiterated on several occasions, by the +Grand Lodge of England in 1772, and at subsequent periods by several Grand +Lodges of this and other countries. It is not, however, in force in many +of the American jurisdictions. + +Another right connected with the right of visitation is, that of demanding +a sight of the Warrant of Constitution. This instrument it is, indeed, not +only the right but the duty of every strange visitor carefully to inspect, +before he enters a lodge, that he may thus satisfy himself of the legality +and regularity of its character and authority. On such a demand being made +by a visitor for a sight of its Warrant, every lodge is bound to comply +with the requisition, and produce the instrument. The same rule, of +course, applies to lodges under dispensation, whose Warrant of +Dispensation supplies the place of a Warrant of Constitution. + + + +Section III. + +_Of the Examination of Visitors._ + + +It has already been stated, in the preceding section, that a Master Mason +is not permitted to visit a lodge unless he previously submits to an +examination, or is personally vouched for by some competent Brother +present. The prerogative of vouching for a Brother is an important one, +and will constitute the subject of the succeeding section. At present let +us confine ourselves to the consideration of the mode of examining a +visitor. + +Every visitor, who offers himself to the appointed committee of the lodge +for examination, is expected, as a preliminary step, to submit to the +Tiler's Obligation; so called, because it is administered in the Tiler's +room. As this obligation forms no part of the secret ritual of the Order, +but is administered to every person before any lawful knowledge of his +being a Mason has been received, there can be nothing objectionable in +inserting it here, and in fact, it will be advantageous to have the +precise words of so important a declaration placed beyond the possibility +of change or omission by inexperienced Brethren. + +The oath, then, which is administered to the visitor, and which he may, if +he chooses, require every one present to take with him, is in the +following words + +"I, A. B., do hereby and hereon solemnly and sincerely swear, that I have +been regularly initiated, passed, and raised, to the sublime degree of a +Master Mason, in a just and legally constituted lodge of such, that I do +not now stand suspended or expelled, and know of no reason why I should +not hold masonic communication with my Brethren. + +This declaration having been given in the most solemn manner, the +examination must then be conducted with the necessary forms. The good old +rule of "commencing at the beginning" should be observed. Every question +is to be asked and every answer demanded which is necessary to convince +the examiner that the party examined is acquainted with what he ought to +know, to entitle him to the appellation of a Brother. Nothing is to be +taken for granted--categorical answers must be required to all that it is +deemed important to be asked. No forgetfulness is to be excused, nor is +the want of memory to be accepted as a valid excuse for the want of +knowledge. The Mason, who is so unmindful of his duties as to have +forgotten the instructions he has received, must pay the penalty of his +carelessness, and be deprived of his contemplated visit to that society +whose secret modes of recognition he has so little valued as not to have +treasured them in his memory. While there are some things which may be +safely passed over in the examination of one who confesses himself to be +"rusty," or but recently initiated, because they are details which require +much study to acquire, and constant practice to retain, there are still +other things of great importance which must be rigidly demanded, and with +the knowledge of which the examiner cannot, under any circumstances, +dispense. + +Should suspicions of imposture arise, let no expression of these +suspicions be made until the final decree for rejection is pronounced. And +let that decree be uttered in general terms, such as: "I am not +satisfied," or, "I do not recognize you," and not in more specific terms, +such as, "You did not answer this inquiry," or, "You are ignorant on that +point." The visitor is only entitled to know, generally, that he has not +complied with the requisitions of his examiner. To descend to particulars +is always improper and often dangerous. + +Above all, the examiner should never ask what are called "leading +questions," or such as include in themselves an indication of what the +answer is to be; nor should he in any manner aid the memory of the party +examined by the slightest hint. If he has it in him, it will come out +without assistance, and if he has it not, he is clearly entitled to no +aid. + +Lastly, never should an unjustifiable delicacy weaken the rigor of these +rules. Let it be remembered, that for the wisest and most evident reasons, +the merciful maxim of the law, which says, that it is better that +ninety-nine guilty men should escape than that one innocent man should be +punished, is with us reversed, and that in Masonry _it is better that +ninety and nine true men should be turned away from the door of a lodge +than that one cowan should be admitted_. + + + +Section IV. + +_Of Vouching for a Brother._ + + +An examination may sometimes be omitted when any competent Brother present +will vouch for the visitor's masonic standing and qualifications. This +prerogative of vouching is an important one which every Master Mason is +entitled, under certain restrictions, to exercise; but it is also one +which may so materially affect the well-being of the whole +fraternity--since by its injudicious use impostors might be introduced +among the faithful--that it should be controlled by the most stringent +regulations. + +To vouch for one, is to bear witness for him; and, in witnessing to truth, +every caution should be observed, lest falsehood should cunningly assume +its garb. The Brother who vouches should, therefore, know to a certainty +that the one for whom he vouches is really what he claims to be. He should +know this not from a casual conversation, nor a loose and careless +inquiry, but, as the unwritten law of the Order expresses it, from +"_strict trial, due examination, or lawful information_." + +Of strict trial and due examination I have already treated in the +preceding section; and it only remains to say, that when the vouching is +founded on the knowledge obtained in this way, it is absolutely necessary +that the Brother so vouching shall be _competent_ to conduct such an +examination, and that his general intelligence and shrewdness and his +knowledge of Masonry shall be such as to place him above the probability +of being imposed upon. The important and indispensable qualification of a +voucher is, therefore, that he shall be competent. The Master of a lodge +has no right to accept, without further inquiry, the avouchment of a +young and inexperienced, or even of an old, if ignorant, Mason. + +Lawful information, which is the remaining ground for an avouchment, may +be derived either from the declaration of another Brother, or from having +met the party vouched for in a lodge on some previous occasion. + +If the information is derived from another Brother, who states that he has +examined the party, then all that has already been said of the competency +of the one giving the information is equally applicable. The Brother, +giving the original information, must be competent to make a rigid +examination. Again, the person giving the information, the one receiving +it, and the one of whom it is given, should be all present at the time; +for otherwise there would be no certainty of identity. Information, +therefore, given by letter or through a third party, is highly irregular. +The information must also be positive, not founded on belief or opinion, +but derived from a legitimate source. And, lastly, it must not have been +received casually, but for the very purpose of being used for masonic +purposes. For one to say to another in the course of a desultory +conversation: "A.B. is a Mason," is not sufficient. He may not be +speaking with due caution, under the expectation that his words will be +considered of weight. He must say something to this effect: "I know this +man to be a Master Mason," for such or such reasons, and you may safely +recognize him as such. This alone will insure the necessary care and +proper observance of prudence. + +If the information given is on the ground that the person, vouched has +been seen sitting in a lodge by the voucher, care must be taken to inquire +if it was a "Lodge of Master Masons." A person may forget, from the lapse +of time, and vouch for a stranger as a Master Mason, when the lodge in +which he saw him was only opened in the first or second degree. + + + +Section V. + +_Of the Right of Claiming Relief._ + + +One of the great objects of our institution is, to afford relief to a +worthy, distressed Brother. In his want and destitution, the claim of a +Mason upon his Brethren is much greater than that of a profane. This is a +Christian as well as a masonic doctrine. "As we have therefore +opportunity," says St. Paul, "let us do good unto all men, especially +unto them who are of the household of faith." + +This claim for relief he may present either to a lodge or to a Brother +Mason. The rule, as well as the principles by which it is to be regulated, +is laid down in that fundamental law of Masonry, the Old Charges, in the +following explicit words, under the head of "Behavior towards a strange +Brother:" + +"You are cautiously to examine him, in such a method as prudence shall +direct you, that you may not be imposed upon by an ignorant, false +pretender, whom you are to reject with contempt and derision, and beware +of giving him any hints of knowledge. + +"But if you discover him to be a true and genuine Brother, you are to +respect him accordingly; and if he is in want, you must relieve him if you +can, or else direct him how he may be relieved. You must employ him some +days, or else recommend him to be employed. But you are not charged to do +beyond your ability, only to prefer a poor Brother, that is a good man and +true, before any other people in the same circumstances." + +This law thus laid down, includes, it will be perceived, as two important +prerequisites, on which to found a claim for relief, that the person +applying shall be in distress, and that he shall be worthy of assistance. + +He must be in distress. Ours is not an insurance company, a joint stock +association, in which, for a certain premium paid, an equivalent may be +demanded. No Mason, or no lodge, is bound to give pecuniary or other aid +to a Brother, unless he really needs. The word " benefit," as usually used +in the modern friendly societies, has no place in the vocabulary of +Freemasonry. If a wealthy Brother is afflicted with sorrow or sickness, we +are to strive to comfort him with our sympathy, our kindness, and our +attention, but we are to bestow our eleemosynary aid only on the indigent +or the destitute. + +He must also be worthy. There is no obligation on a Mason to relieve the +distresses, however real they may be, of an unworthy Brother. The claimant +must be, in the language of the Charge, "true and genuine." True here is +used in its good old Saxon meaning, of "faithful" or "trusty." A true +Mason is one who is mindful of his obligations, and who faithfully +observes and practices all his duties. Such a man, alone, can rightfully +claim the assistance of his Brethren. + +But a third provision is made in the fundamental law; namely, that the +assistance is not to be beyond the ability of the giver. One of the most +important landmarks, contained in our unwritten law, more definitely +announces this provision, by the words, that the aid and assistance shall +be without injury to oneself or his family. Masonry does not require that +we shall sacrifice our own welfare to that of a Brother; but that with +prudent liberality, and a just regard to our own worldly means, we shall +give of the means with which Providence may have blessed us for the relief +of our distressed Brethren. + +It is hardly necessary to say, that the claim for relief of a worthy +distressed Mason extends also to his immediate family. + + + +Section VI. + +_Of the Right of Masonic Burial._ + + +After a very careful examination, I can find nothing in the old charges or +General Regulations, nor in any other part of the fundamental law, in +relation to masonic burial of deceased Brethren. It is probable that, at +an early period, when the great body of the craft consisted of Entered +Apprentices, the usage permitted the burial of members, of the first or +second degree, with the honors of Masonry. As far back as 1754, +processions for the purpose of burying Masons seemed to have been +conducted by some of the lodges with either too much frequency, or some +other irregularity; for, in November of that year, the Grand Lodge adopted +a regulation, forbidding them, under a heavy penalty, unless by permission +of the Grand Master, or his Deputy.[84] As there were, comparatively +speaking, few Master Masons at that period, it seems a natural inference +that most of the funeral processions were for the burial of Apprentices, +or, at least, of Fellow Crafts. + +But the usage since then, has been greatly changed; and by universal +consent, the law, as first committed to writing, by Preston, who was the +author of our present funeral service, is now adopted. + +The Regulation, as laid down by Preston, is so explicit, that I prefer +giving it in his own words.[85] + +"No Mason can be interred with the formalities of the Order, unless it be +at his own special request, communicated to the Master of the Lodge of +which he died a member--foreigners and sojourners excepted; nor unless he +has been advanced to the third degree of Masonry, from which restriction +there can be no exception. Fellow Crafts or Apprentices are not entitled +to the funeral obsequies." + +This rule has been embodied in the modern Constitutions of the Grand Lodge +of England; and, as I have already observed, appears by universal consent +to have been adopted as the general usage. + +The necessity for a dispensation, which is also required by the modern +English Constitutions, does not seem to have met with the same general +approval, and in this country, dispensations for funeral processions are +not usually, if at all, required. Indeed, Preston himself, in explaining +the law, says that it was not intended to restrict the privileges of the +regular lodges, but that, "by the universal practice of Masons, every +regular lodge is authorized by the Constitution to act on such occasions +when limited to its own members."[86] It is only when members of other +lodges, not under the control of the Master, are convened, that a +dispensation is required. But in America, Grand Lodges or Grand Masters +have not generally interfered with the rights of the lodges to bury the +dead; the Master being of course amenable to the constituted authorities +for any indecorum or impropriety. + + + + +Chapter V. + +Of the Rights of Past Masters. + + + +I have already discussed the right of Past Masters to become members of a +Grand Lodge, in a preceding part of this work,[87] and have there arrived +at the conclusion that no such inherent right exists, and that a Grand +Lodge may or may not admit them to membership, according to its own notion +of expediency. Still the fact, that they are competent by their masonic +rank of accepting such a courtesy when extended, in itself constitutes a +prerogative; for none but Masters, Wardens, or Past Masters, can under any +circumstances become members of a Grand Lodge. + +Past Masters possess a few other positive rights. + +In the first place they have a right to install their successors, and at +all times subsequent to their installation to be present at the ceremony +of installing Masters of lodges. I should scarcely have deemed it +necessary to dwell upon so self-evident a proposition, were it not that it +involves the discussion of a question which has of late years been warmly +mooted in some jurisdictions, namely, whether this right of being present +at an installation should, or should not, be extended to Past Masters, +made in Royal Arch Chapters. + +In view of the fact, that there are two very different kinds of possessors +of the same degree, the Grand Lodge of England has long since +distinguished them as "virtual" and as "actual" Past Masters. The terms +are sufficiently explicit, and have the advantage of enabling us to avoid +circumlocution, and I shall, therefore, adopt them. + +An _actual Past Master_ is one who has been regularly installed to preside +over a symbolic lodge under the jurisdiction of a Grand Lodge. A _virtual +Past Master_ is one who has received the degree in a chapter, for the +purpose of qualifying him for exaltation to the Royal Arch. + +Now the question to be considered is this. Can a virtual Past Master be +permitted to be present at the installation of an actual Past Master? + +The Committee of Correspondence of New York, in 1851, announced the +doctrine, that a Chapter, or virtual Past Master, cannot legally install +the Master of a Symbolic Lodge; but that there is no rule forbidding his +being present at the ceremony. This doctrine has been accepted by several +Grand Lodges, while others again refuse to admit the presence of a virtual +Past Master at the installation-service. + +In South Carolina, for instance, by uninterrupted usage, virtual Past +Masters are excluded from the ceremony of installation. + +In Louisiana, under the high authority of the late Brother Gedge, it is +asserted, that "it is the bounden duty of all Grand Lodges to prevent the +possessors of the (chapter) degree from the exercise of any function +appertaining to the office and attributes of an installed Master of a +lodge of Symbolic Masonry, and refuse to recognize them as belonging to +the order of Past Masters."[88] + +Brother Albert Pike, whose opinion on masonic jurisprudence is entitled to +the most respectful consideration, has announced a similar doctrine in one +of his elaborate reports to the Grand Chapter of Arkansas. He does not +consider "that the Past Master's degree, conferred in a chapter, invests +the recipient with any rank or authority, except within the chapter +itself; that it no ways qualifies or authorizes him to preside in the +chair of a lodge: that a lodge has no legal means of knowing that he has +received the degree in a chapter: for it is not supposed to know anything +that takes place there any more than it knows what takes place in a Lodge +of Perfection, or a Chapter of Knights of the Rose Croix;" and, of course, +if the Past Masters of a lodge have no such "legal means" of recognition +of Chapter Masters, they cannot permit them to be present at an +installation. + +This is, in fact, no new doctrine. Preston, in his description of the +installation ceremony, says: "The new Master is then conducted to an +adjacent room, where he is regularly installed, and bound to his trust in +ancient form, in the presence of at least _three installed Masters_"[89] +And Dr. Oliver, in commenting on this passage, says, "this part of the +ceremony can only be orally communicated, nor can any but _installed_ +Masters be present."[90] + +And this rule appears to be founded on the principles of reason. There can +be no doubt, if we carefully examine the history of Masonry in this +country and in England, that the degree of Past Master was originally +conferred by Symbolic Lodges as an honorarium or reward bestowed upon +those Brethren who had been found worthy to occupy the Oriental Chair. In +so far it was only a degree of office, and could be obtained only from the +Lodge in which the office had been conferred. At a later period it was +deemed an essential prerequisite to exaltation in the degree of Royal +Arch, and was, for that purpose, conferred on candidates for that +position, while the Royal Arch degree was under the control of the +symbolic Lodges, but still only conferred by the Past Masters of the +Lodge. But subsequently, when the system of Royal Arch Masonry was greatly +enlarged and extended in this country, and chapters were organized +independent of the Grand and symbolic Lodges, these Chapters took with +them the Past Master's degree, and assumed the right of conferring it on +their candidates. Hence arose the anomaly which now exists in American +Masonry, of two degrees bearing the same name, and said to be almost +identical in character, conferred by two different bodies under entirely +different qualifications and for totally different purposes. As was to be +expected, when time had in some degree obliterated the details of history, +each party began to claim for itself the sovereign virtue of legitimacy. +The Past Masters of the Chapters denied the right of the Symbolic Lodges +to confer the degree, and the latter, in their turn, asserted that the +degree, as conferred in the Chapter, was an innovation. + +The prevalence of the former doctrine would, of course, tend to deprive +the Symbolic Lodges of a vested right held by them from the most ancient +times--that, namely, of conferring an honorarium on their Masters elect. + +On the whole, then, from this view of the surreptitious character of the +Chapter Degree, and supported by the high authority whom I have cited, as +well as by the best usage, I am constrained to believe that the true rule +is, to deny the Chapter, or Virtual Past Masters, the right to install, or +to be present at the installation of the Master of a Symbolic Lodge. A +Past Master may preside over a lodge in the absence of the Master, +provided he is invited to do so by the Senior Warden present. The Second +General Regulation gave the power of presiding, during the absence of the +Master, to the last Past Master present, after the lodge had been +congregated by the Senior Warden; but two years afterwards, the rule was +repealed, and the power of presiding in such cases was vested in the +Senior Warden. And accordingly, in this country, it has always been held, +that in the absence of the Master, his authority descends to the Senior +Warden, who may, however, by courtesy, offer the chair to a Past Master +present, after the lodge has been congregated. Some jurisdictions have +permitted a Past Master to preside in the absence of the Master and both +Wardens, provided he was a member of that lodge. But I confess that I can +find no warrant for this rule in any portion of our fundamental laws. The +power of congregating the lodge in the absence of the Master has always +been confined to the Wardens; and it therefore seems to me, that when both +the Master and Wardens are absent, although a Past Master may be present, +the lodge cannot be opened. + +A Past Master is eligible for election to the chair, without again passing +through the office of a Warden. + +He is also entitled to a seat in the East, and to wear a jewel and collar +peculiar to his dignity. + +By an ancient regulation, contained in the Old Charges, Past Masters alone +were eligible to the office of Grand Warden. The Deputy Grand Master was +also to be selected from among the Masters, or Past Masters of Lodges. No +such regulation was in existence as to the office of Grand Master, who +might be selected from the mass of the fraternity. At the present time, in +this country, it is usual to select the Grand officers from among the Past +Masters of the jurisdiction, though I know of no ancient law making such a +regulation obligatory, except in respect to the affairs of Grand Wardens +and Deputy Grand Master. + + + + +Chapter VI. + +Of Affiliation. + + + +Affiliation is defined to be the act by which a lodge receives a Mason +among its members. A profane is said to be "initiated," but a Mason is +"affiliated."[91] + +Now the mode in which a Mason becomes affiliated with a lodge, in some +respects differs from, and in others resembles, the mode in which a +profane is initiated. + +A Mason, desiring to be affiliated with a lodge, must apply by petition; +this petition must be referred to a committee for investigation of +character, he must remain in a state of probation for one month, and must +then submit to a ballot, in which unanimity will be required for his +admission. In all these respects, there is no difference in the modes of +regulating applications for initiation and affiliation. The Fifth and +Sixth General Regulations, upon which these usages are founded, draw no +distinction between the act of making a Mason and admitting a member. The +two processes are disjunctively connected in the language of both +regulations. "No man can be made, _or admitted a member_ * * * * without +previous notice one month before;" are the words of the Fifth Regulation. +And in a similar spirit the Sixth adds: "But no man can be entered a +Brother in any particular lodge, _or admitted to be a member_ thereof, +without the unanimous consent of all the members of that lodge." + +None but Master Masons are permitted to apply for affiliation; and every +Brother so applying must bring to the lodge to which he applies a +certificate of his regular dismission from the lodge of which he was last +a member. This document is now usually styled a "demit," and should +specify the good standing of the bearer at the time of his resignation or +demission. + +Under the regulations of the various Grand Lodges of this country, a +profane cannot, as has been already observed, apply for initiation in any +other lodge than the one nearest to his residence. No such regulation, +however, exists in relation to the application of a Mason for +affiliation. Having once been admitted into the Order, he has a right to +select the lodge with which he may desire to unite himself. He is not even +bound to affiliate with the lodge in which he was initiated, but after +being raised, may leave it, without signing the bye-laws, and attach +himself to another. + +A profane, having been rejected by a lodge, can never apply to any other +for initiation. But a Mason, having been rejected, on his application for +affiliation, by a lodge, is not thereby debarred from subsequently making +a similar application to any other. + +In some few jurisdictions a local regulation has of late years been +enacted, that no Mason shall belong to more than one lodge. It is, I +presume, competent for a Grand Lodge to enact such a regulation; but where +such enactment has not taken place, we must be governed by the ancient and +general principle. + +The General Regulations, adopted in 1721, contain no reference to this +case; but in a new regulation, adopted on the 19th February, 1723, it was +declared that "no Brother shall belong to more than one lodge within the +bills of mortality." This rule was, therefore, confined to the lodges in +the city of London, and did not affect the country lodges. Still, +restricted as it was in its operation, Anderson remarks, "this regulation +is neglected for several reasons, and now obsolete."[92] Custom now in +England and in other parts of Europe, as well as in some few portions of +this country, is adverse to the regulation; and where no local law exists +in a particular jurisdiction, I know of no principle of masonic +jurisprudence which forbids a Mason to affiliate himself with more than +one lodge. + +The only objection to it is one which must be urged, not by the Order, but +by the individual. It is, that his duties and his responsibilities are +thus multiplied, as well as his expenses. If he is willing to incur all +this additional weight in running his race of Masonry, it is not for +others to resist this exuberance of zeal. The Mason, however, who is +affiliated with more than one lodge, must remember that he is subject to +the independent jurisdiction of each; may for the same offense be tried in +each, and, although acquitted by all except one, that, if convicted by +that one, his conviction will, if he be suspended or expelled, work his +suspension or expulsion in all the others. + + + + +Chapter VII. + +Of Demitting. + + + +To demit from a lodge is to resign one's membership, on which occasion a +certificate of good standing and a release from all dues is given to the +applicant, which is technically called a _demit_. + +The right to demit or resign never has, until within a few years, been +denied. In 1853, the Grand Lodge of Connecticut adopted a regulation "that +no lodge should grant a demit to any of its members, except for the +purpose of joining some other lodge; and that no member shall be +considered as having withdrawn from one lodge until he has actually become +a member of another." Similar regulations have been either adopted or +proposed by a few other Grand Lodges, but I much doubt both their +expediency and their legality. This compulsory method of keeping Masons, +after they have once been made, seems to me to be as repugnant to the +voluntary character of our institution as would be a compulsory mode of +making them in the beginning. The expediency of such a regulation is also +highly questionable. Every candidate is required to come to our doors "of +his own free will and accord," and surely we should desire to keep none +among us after that free will is no longer felt. We are all familiar with +the Hudibrastic adage, that + + "A man convinced against his will, + Is of the same opinion still," + +and he who is no longer actuated by that ardent esteem for the institution +which would generate a wish to continue his membership, could scarcely +have his slumbering zeal awakened, or his coldness warmed by the bolts and +bars of a regulation that should keep him a reluctant prisoner within the +walls from which he would gladly escape. Masons with such dispositions we +can gladly spare from our ranks. + +The Ancient Charges, while they assert that every Mason should belong to a +lodge, affix no penalty for disobedience. No man can be compelled to +continue his union with a society, whether it be religious, political, or +social, any longer than will suit his own inclinations or sense of duty. +To interfere with this inalienable prerogative of a freeman would be an +infringement on private rights. A Mason's initiation was voluntary, and +his continuance in the Order must be equally so. + +But no man is entitled to a demit, unless at the time of demanding it he +be in good standing and free from all charges. If under charges for crime, +he must remain and abide his trial, or if in arrears, must pay up his +dues. + +There is, however, one case of demission for which a special law has been +enacted. That is, when several Brethren at the same time request demits +from a lodge. As this action is sometimes the result of pique or anger, +and as the withdrawal of several members at once might seriously impair +the prosperity, or perhaps even endanger the very existence of the lodge, +it has been expressly forbidden by the General Regulations, unless the +lodge has become too numerous for convenient working; and not even then is +permitted except by a Dispensation. The words of this law are to be found +in the Eighth General Regulation, as follows: + +"No set or number of Brethren shall withdraw or separate themselves from +the lodge in which they were made Brethren, or were afterwards admitted +members, unless the lodge becomes too numerous; nor even then, without a +dispensation from the Grand Master or his Deputy; and when they are thus +separated, they must either immediately join themselves to such other +lodge as they shall like best, with the unanimous consent of that other +lodge to which they go, or else they must obtain the Grand Master's +warrant to join in forming a new lodge." + +It seems, therefore, that, although a lodge cannot deny the right of a +single member to demit, when a sort of conspiracy may be supposed to be +formed, and several Brethren present their petitions for demits at one and +the same time, the lodge may not only refuse, but is bound to do so, +unless under a dispensation, which dispensation can only be given in the +case of an over-populous lodge. + +With these restrictions and qualifications, it cannot be doubted that +every Master Mason has a right to demit from his lodge at his own +pleasure. What will be the result upon himself, in his future relations to +the Order, of such demission, will constitute the subject of the +succeeding chapter. + + + + +Chapter VIII. + +Of Unaffiliated Masons. + + + +An unaffiliated Mason is one who is not connected by membership with any +lodge. There can be no doubt that such a position is contrary to the +spirit of our institution, and that affiliation is a duty obligatory on +every Mason. The Old Charges, which have been so often cited as the +fundamental law of Masonry, say on this subject: "every Brother ought to +belong to a lodge and to be subject to its bye-laws and the General +Regulations." + +Explicitly as this doctrine has been announced, it has been too little +observed, in consequence of no precise penalty having been annexed to its +violation. In all times, unaffiliated Masons have existed--Masons who have +withdrawn from all active participation in the duties and responsibilities +of the Order, and who, when in the hour of danger or distress, have not +hesitated to claim its protection or assistance, while they have refused +in the day of their prosperity to add anything to its wealth, its power, +or its influence. In this country, the anti-masonic persecutions of 1828, +and a few years subsequently, by causing the cessation of many lodges, +threw a vast number of Brethren out of all direct connection with the +institution; on the restoration of peace, and the renewal of labor by the +lodges, too many of these Brethren neglected to reunite themselves with +the craft, and thus remained unaffiliated. The habit, thus introduced, was +followed by others, until the sin of unaffiliation has at length arrived +at such a point of excess, as to have become a serious evil, and to have +attracted the attention and received the condemnation of almost every +Grand Lodge. + +A few Grand Lodges have denied the right of a Mason permanently to demit +from the Order. Texas, for instance, has declared that "it does not +recognize the right of a Mason to demit or separate himself from the lodge +in which he was made, or may afterwards be admitted, except for the +purpose of joining another lodge, or when he may be about to remove +without the jurisdiction of the lodge of which he may be a member."[93] A +few other Grand Lodges have adopted a similar regulation; but the +prevailing opinion of the authorities appears to be, that it is competent +to interfere with the right to demit, certain rights and prerogatives +being, however, lost by such demission. + +Arkansas, Missouri, Ohio, and one or two other Grand Lodges, while not +positively denying the right of demission, have at various times levied a +tax or contribution on the demitted or unaffiliated Masons within their +respective jurisdictions. This principle, however, has also failed to +obtain the general concurrence of other Grand Lodges, and some of them, as +Maryland, have openly denounced it. After a careful examination of the +authorities, I cannot deny to any man the _right_ of withdrawing, +whensoever he pleases, from a voluntary association--the laws of the land +would not sustain us in the enforcement of such a regulation; and our own +self-respect should prevent us from attempting it. If, then, he has a +right to withdraw, it clearly follows that we have no right to tax him, +which is only one mode of inflicting a fine or penalty for an act, the +right to do which we have acceded. In the strong language of the Committee +of Correspondence of Maryland:[94] "The object of Masonry never was to +extort, _nolens volens,_ money from its votaries. Such are not its +principles or teaching. The advocating such doctrines cannot advance the +interest or reputation of the institution; but will, as your committee +fear, do much to destroy its usefulness. Compulsive membership deprives it +of the title, _Free_ and Accepted." + +But as it is an undoubted precept of the Order that every Mason should +belong to a lodge, and contribute, so far as his means will allow, to the +support of the institution, and as, by his demission, for other than +temporary purposes, he violates the principles and disobeys the precepts +of the Order, it naturally follows that his withdrawal must place him in a +different position from that which he would occupy as an affiliated Mason. +It is now time for us to inquire what that new position is. + +We may say, then, that, whenever a Mason permanently withdraws his +membership, he at once, and while he continues unaffiliated, dissevers all +connection between himself and the _Lodge organization_ of the Order. He, +by this act, divests himself of all the rights and privileges which belong +to him as a member of that organization. Among these rights and privileges +are those of visitation, of pecuniary aid, and of masonic burial. +Whenever he approaches the door of a lodge, asking to enter or seeking for +assistance, he is to be met in the light of a profane. He may knock, but +the door must not be opened--he may ask, but he is not to receive. The +work of the lodge is not to be shared by those who have thrown aside their +aprons and their implements, and abandoned the labors of the Temple--the +funds of the lodge are to be distributed only among these who are aiding, +by their individual contributions, to the formation of similar funds in +other lodges. + +But from the well-known and universally-admitted maxim of "once a Mason, +and always a Mason," it follows that a demitted Brother cannot by such +demission divest himself of all his masonic responsibilities to his +Brethren, nor be deprived of their correlative responsibility to him. An +unaffiliated Mason is still bound by certain obligations, of which he +cannot, under any circumstances, divest himself, and by similar +obligations are the fraternity bound to him. These relate to the duties of +secrecy and of aid in the imminent hour of peril. Of the first of these +there can be no doubt; and as to the last, the words of the precept +directing it leaves us no option; nor is it a time when the G.H.S. of D. +is thrown out to inquire into the condition of the party. + +Speaking on this subject, Brother Albert Pike, in his report to the Grand +Lodge of Arkansas, says "if a person appeals to us as a Mason in imminent +peril, or such pressing need that we have not time to inquire into his +worthiness, then, lest we might refuse to relieve and aid a worthy +Brother, we must not stop to inquire _as to anything_." But I do not think +that the learned Brother has put the case in the strongest light. It is +not alone "lest we might refuse to relieve and aid a worthy Brother," that +we are in cases of "imminent peril" to make no pause for deliberation. But +it is because we are bound by our highest obligations at all times, and to +all Masons, to give that aid when _duly_ called for. + +I may, then, after this somewhat protracted discussion, briefly +recapitulate the position, the rights and the responsibilities of an +unaffiliated Mason as follows: + +1. An unaffiliated Mason is still bound by all his masonic duties and +obligations, excepting those connected with the organization of the lodge. + +2. He has a right to aid in imminent peril when _he asks for that aid in +the_ proper _and conventional way_. + +3. He loses the right to receive pecuniary relief. + +4. He loses the general right to visit[95] lodges, or to walk in masonic +processions. + +5. He loses the right of masonic burial. + +6. He still remains subject to the government of the Order, and may be +tried and punished for any offense as an affiliated Mason would be, by the +lodge within whose geographical jurisdiction he resides. + + + + + +Book Fourth. + +Of Masonic Crimes and Punishments. + + + + +Chapter I. + +Of What Are Masonic Crimes. + + + +The division of wrongs, by the writers on municipal law, into private and +public, or civil injuries and crimes and misdemeanors, does not apply to +the jurisprudence of Freemasonry. Here all wrongs are crimes, because they +are a violation of the precepts of the institution; and an offense against +an individual is punished, not so much because it is a breach of his +private rights, as because it affects the well-being of the whole masonic +community. + +In replying to the question, "what are masonic crimes?" by which is meant +what crimes are punishable by the constituted authorities, our safest +guide will be that fundamental law which is contained in the Old Charges. +These give a concise, but succinct summary of the duties of a Mason, and, +of course, whatever is a violation of any one of these duties will +constitute a masonic crime, and the perpetrator will be amenable to +masonic punishment. + +But before entering on the consideration of these penal offenses, it will +be well that we should relieve the labor of the task, by inquiring what +crimes or offenses are not supposed to come within the purview of masonic +jurisprudence. + +Religion and politics are subjects which it is well known are stringently +forbidden to be introduced into Masonry. And hence arises the doctrine, +that Masonry will not take congnizance of religious or political offenses. + +Heresy, for instance, is not a masonic crime. Masons are obliged to use +the words of the Old Charges, "to that religion in which all men agree, +leaving their particular opinions to themselves;" and, therefore, as long +as a Mason acknowledges his belief in the existence of one God, a lodge +can take no action on his peculiar opinions, however heterodox they may +be. + +In like manner, although all the most ancient and universally-received +precepts of the institution inculcate obedience to the civil powers, and +strictly forbid any mingling in plots or conspiracies against the peace +and welfare of the nation, yet no offense against the state, which is +simply political in its character, can be noticed by a lodge. On this +important subject, the Old Charges are remarkably explicit. They say, +putting perhaps the strongest case by way of exemplifying the principle, +"that if a Brother should be a rebel against the State, he is not to be +countenanced in his rebellion, however he may be pitied as an unhappy man; +and, if convicted of no other crime, though the loyal Brotherhood must and +ought to disown his rebellion, and give no umbrage or ground of political +jealousy to the government for the time being, _they cannot expel him from +the lodge, and his relation to it remains indefeasible_" + +The lodge can, therefore, take no cognizance of religious or political +offenses. + +The first charge says: "a Mason is obliged by his tenure to obey the moral +law." Now, although, in a theological sense, the ten commandments are said +to embrace and constitute the moral law, because they are its best +exponent, yet jurists have given to the term a more general latitude, in +defining the moral laws to be "the eternal, immutable laws of good and +evil, to which the Creator himself, in all dispensations, conforms, and +which he has enabled human reason to discover, so far as they are +necessary for the conduct of human actions."[96] Perhaps the well known +summary of Justinian will give the best idea of what this law is, namely, +that we "should live honestly, (that is to say, without reproach,)[97] +should injure nobody, and render to every one his just due." + +If such, then, be the meaning of the moral law, and if every Mason is by +his tenure obliged to obey it, it follows, that all such crimes as profane +swearing or great impiety in any form, neglect of social and domestic +duties, murder and its concomitant vices of cruelty and hatred, adultery, +dishonesty in any shape, perjury or malevolence, and habitual falsehood, +inordinate covetousness, and in short, all those ramifications of these +leading vices which injuriously affect the relations of man to God, his +neighbor, and himself, are proper subjects of lodge jurisdiction. Whatever +moral defects constitute the bad man, make also the bad Mason, and +consequently come under the category of masonic offenses. The principle is +so plain and comprehensible as to need no further exemplification. It is +sufficient to say that, whenever an act done by a Mason is contrary to or +subsersive of the three great duties which he owes to God, his neighbor, +and himself, it becomes at once a subject of masonic investigation, and of +masonic punishment. + +But besides these offenses against the universal moral law, there are many +others arising from the peculiar nature of our institution. Among these we +may mention, and in their order, those that are enumerated in the several +sections of the Sixth Chapter of the Old Charges. These are, unseemly and +irreverent conduct in the lodge, all excesses of every kind, private +piques or quarrels brought into the lodge; imprudent conversation in +relation to Masonry in the presence of uninitiated strangers; refusal to +relieve a worthy distressed Brother, if in your power; and all "wrangling, +quarreling, back-biting, and slander." + +The lectures in the various degrees, and the Ancient Charges read on the +installation of the Master of a lodge, furnish us with other criteria for +deciding what are peculiarly masonic offenses. All of them need not be +detailed; but among them may be particularly mentioned the following: All +improper revelations, undue solicitations for candidates, angry and +over-zealous arguments in favor of Masonry with its enemies, every act +which tends to impair the unsullied purity of the Order, want of +reverence for and obedience to masonic superiors, the expression of a +contemptuous opinion of the original rulers and patrons of Masonry, or of +the institution itself; all countenance of impostors; and lastly, holding +masonic communion with clandestine Masons, or visiting irregular lodges. + +From this list, which, extended as it is, might easily have been enlarged, +it will be readily seen, that the sphere of masonic penal jurisdiction is +by no means limited. It should, therefore, be the object of every Mason, +to avoid the censure or reproach of his Brethren, by strictly confining +himself as a point within that circle of duty which, at his first +initiation, was presented to him as an object worthy of his consideration. + + + + +Chapter II. + +Of Masonic Punishments. + + + +Having occupied the last chapter in a consideration of what constitute +masonic crimes, it is next in order to inquire how these offenses are to +be punished; and accordingly I propose in the following sections to treat +of the various modes in which masonic law is vindicated, commencing with +the slightest mode of punishment, which is censure, and proceeding to the +highest, or expulsion from all the rights and privileges of the Order. + + + +Section I. + +_Of Censure._ + + +A censure is the mildest form of punishment that can be inflicted by a +lodge; and as it is simply the expression of an opinion by the members of +the lodge, that they do not approve of the conduct of the person +implicated, in a particular point of view, and as it does not in any +degree affect the masonic standing of the one censured, nor for a moment +suspend or abridge his rights and benefits, I have no doubt that it may be +done on a mere motion, without previous notice, and adopted, as any other +resolution, by a bare majority of the members present. + +Masonic courtesy would, however, dictate that notice should be given to +the Brother, if absent, that such a motion of censure is about to be +proposed or considered, to enable him to show cause, if any he have, why +he should not be censured. But such notice is not, as I have said, +necessary to the legality of the vote of censure. + +A vote of censure will sometimes, however, be the result of a trial, and +in that case its adoption must be governed by the rules of masonic trials, +which are hereafter to be laid down. + + + +Section II. + +_Of Reprimand._ + + +A reprimand is the next mildest form of masonic punishment. It should +never be adopted on a mere motion, but should always be the result of a +regular trial, in which the party may have the opportunity of defense. + +A reprimand may be either private or public. If to be given in private, +none should be present but the Master and the offender; or, if given by +letter, no copy of that letter should be preserved. + +If given in public, the lodge is the proper place, and the reprimand +should be given by the Master from his appropriate station. + +The Master is always the executive officer of the lodge, and in carrying +out the sentence he must exercise his own prudent discretion as to the +mode of delivery and form of words. + +A reprimand, whether private or public, does not affect the masonic +standing of the offender. + + + +Section III. + +_Of Exclusion from the Lodge._ + + +Exclusion from a lodge may be of various degrees. + +1. A member may for indecorous or unmasonic conduct be excluded from a +single meeting of the lodge. This may be done by the Master, under a +provision of the bye-laws giving him the authority, or on his own +responsibility, in which case he is amenable to the Grand Lodge for the +correctness of his decision. Exclusion in this way does not affect the +masonic standing of the person excluded, and does not require a previous +trial. + +I cannot entertain any doubt that the Master of a lodge has the right to +exclude temporarily any member or Mason, when he thinks that either his +admission, if outside, or his continuance within, if present, will impair +the peace and harmony of the lodge. It is a prerogative necessary to the +faithful performance of his duties, and inalienable from his great +responsibility to the Grand Lodge for the proper government of the Craft +intrusted to his care. If, as it is described in the ancient manner of +constituting a lodge, the Master is charged "to preserve the cement of the +Lodge," it would be folly to give him such a charge, unless he were +invested with the power to exclude an unruly or disorderly member. But as +Masters are enjoined not to rule their lodges in an unjust or arbitrary +manner, and as every Mason is clearly entitled to redress for any wrong +that has been done to him, it follows that the Master is responsible to +the Grand Lodge for the manner in which he has executed the vast power +intrusted to him, and he may be tried and punished by that body, for +excluding a member, when the motives of the act and the other +circumstances of the exclusion were not such as to warrant the exercise of +his prerogative. + +2. A member may be excluded from his lodge for a definite or indefinite +period, on account of the non-payment of arrears. This punishment may be +inflicted in different modes, and under different names. It is sometimes +called, _suspension from the lodge,_ and sometimes _erasure from the +roll_. Both of these punishments, though differing in their effect, are +pronounced, not after a trial, but by a provision of the bye-laws of the +lodge. For this reason alone, if there were no other, I should contend, +that they do not affect the standing of the member suspended, or erased, +with relation to the craft in general. No Mason can be deprived of his +masonic rights, except after a trial, with the opportunity of defense, and +a verdict of his peers. + +But before coming to a definite conclusion on this subject, it is +necessary that we should view the subject in another point of view, in +which it will be seen that a suspension from the rights and benefits of +Masonry, for the non-payment of dues, is entirely at variance with the +true principles of the Order. + +The system of payment of lodge-dues does not by any means belong to the +ancient usages of the fraternity. It is a modern custom, established for +purposes of convenience, and arising out of other modifications, in the +organization of the Order. It is not an obligation on the part of a Mason, +to the institution at large, but is in reality a special contract, in +which the only parties are a particular lodge and its members, of which +the fraternity, as a mass, are to know nothing. It is not presented by any +general masonic law, nor any universal masonic precept. No Grand Lodge has +ever yet attempted to control or regulate it, and it is thus tacitly +admitted to form no part of the general regulations of the Order. Even in +that Old Charge in which a lodge is described, and the necessity of +membership in is enforced, not a word is said of the payment of arrears to +it, or of the duty of contributing to its support. Hence the non-payment +of arrears is a violation of a special and voluntary contract with a +lodge, and not of any general duty to the craft at large. The corollary +from all this is, evidently, that the punishment inflicted in such a case +should be one affecting the relations of the delinquent with the +particular lodge whose bye-laws he has infringed, and not a general one, +affecting his relations with the whole Order. After a consideration of +all these circumstances, I am constrained to think that suspension from +alodge, for non-payment of arrears, should only suspend the rights of the +member as to his own lodge, but should not affect his right of visiting +other lodges, nor any of the other privileges inherent in him as a Mason. +Such is not, I confess, the general opinion, or usage of the craft in this +country, but yet I cannot but believe that it is the doctrine most +consonant with the true spirit of the institution. It is the practice +pursued by the Grand Lodge of England, from which most of our Grand Lodges +derive, directly or indirectly, their existence. It is also the regulation +of the Grand Lodge of Massachusetts. The Grand Lodge of South Carolina +expressly forbids suspension from the rights and benefits of Masonry for +non-payment of dues, and the Grand Lodge of New York has a similar +provision in its Constitution. + +Of the two modes of exclusion from a lodge for non-payment of dues, +namely, suspension and erasure, the effects are very different. Suspension +does not abrogate the connection between the member and his lodge, and +places his rights in abeyance only. Upon the payment of the debt, he is +at once restored without other action of the lodge. But erasure from the +roll terminates all connection between the delinquent and the lodge, and +he ceases to be a member of it. Payment of the dues, simply, will not +restore him; for it is necessary that he should again be elected by the +Brethren, upon formal application. + +The word exclusion has a meaning in England differing from that in which +it has been used in the present section. There the prerogative of +expulsion is, as I think very rightly, exercised only by the Grand Lodge. +The term "expelled" is therefore used only when a Brother is removed from +the craft, by the Grand Lodge. The removal by a District Grand Lodge, or a +subordinate lodge, is called "exclusion." The effect, however, of the +punishment of exclusion, is similar to that which has been here advocated. + + + +Section IV. + +_Of Definite Suspension._ + + +Suspension is a punishment by which a party is temporarily deprived of his +rights and privileges as a Mason. It does not terminate his connection +with the craft, but only places it in abeyance, and it may again be +resumed in a mode hereafter to be indicated. + +Suspension may be, in relation to time, either definite or indefinite. And +as the effects produced upon the delinquent, especially in reference to +the manner of his restoration, are different, it is proper that each +should be separately considered. + +In a case of definite suspension, the time for which the delinquent is to +be suspended, whether for one month, for three, or six months, or for a +longer or shorter period, is always mentioned in the sentence. + +At its termination, the party suspended is at once restored without +further action of the lodge. But as this is a point upon which there has +been some difference of opinion, the argument will be fully discussed in +the chapter on the subject of _Restoration._ + +By a definite suspension, the delinquent is for a time placed beyond the +pale of Masonry. He is deprived of all his rights as a Master Mason--is +not permitted to visit any lodge, or hold masonic communication with his +Brethren--is not entitled to masonic relief, and should he die during his +suspension, is not entitled to masonic burial. In short, the amount of +punishment differs from that of indefinite suspension or expulsion only +in the period of time for which it is inflicted. + +The punishment of definite suspension is the lightest that can be +inflicted of those which affect the relations of a Mason with the +fraternity at large. It must always be preceded by a trial, and the +prevalent opinion is, that it may be inflicted by a two-thirds vote of the +lodge. + + + +Section V. + +_Of Indefinite Suspension._ + + +Indefinite suspension is a punishment by which the person suspended is +deprived of all his rights and privileges as a Mason, until such time as +the lodge which has suspended him shall see fit, by a special action, to +restore him. + +All that has been said of definite suspension in the preceding section, +will equally apply to indefinite suspension, except that in the former +case the suspended person is at once restored by the termination of the +period for which he was suspended; while in the latter, as no period of +termination had been affixed, a special resolution of the lodge will be +necessary to effect a restoration. + +By suspension the connection of the party with his lodge and with the +institution is not severed; he still remains a member of his lodge, +although his rights as such are placed in abeyance. In this respect it +materially differs from expulsion, and, as an inferior grade of +punishment, is inflicted for offenses of a lighter character than those +for which expulsion is prescribed. + +The question here arises, whether the dues of a suspended member to his +lodge continue to accrue during his suspension? I think they do not. Dues +or arrears are payments made to a lodge for certain rights and +benefits--the exercise and enjoyment of which are guaranteed to the +member, in consideration of the dues thus paid. But as by suspension, +whether definite or indefinite, he is for the time deprived of these +rights and benefits, it would seem unjust to require from him a payment +for that which he does not enjoy. I hold, therefore, that suspension from +the rights and benefits of Masonry, includes also a suspension from the +payment of arrears. + +No one can be indefinitely suspended, unless after a due form of trial, +and upon the vote of at least two-thirds of the members present. + + + +Section VI. + +_Of Expulsion._[98] + + +Expulsion is the very highest penalty that can be inflicted upon a +delinquent Mason. It deprives the party expelled of all the masonic rights +and privileges that he ever enjoyed, not only as a member of the lodge +from which he has been ejected, but also of all those which were inherent +in him as a member of the fraternity at large. He is at once as completely +divested of his masonic character as though he had never been admitted +into the institution. He can no longer demand the aid of his Brethren, nor +require from them the performance of any of the duties to which he was +formerly entitled, nor visit any lodge, nor unite in any of the public or +private ceremonies of the Order. No conversation on masonic subjects can +be held with him, and he is to be considered as being completely without +the pale of the institution, and to be looked upon in the same light as a +profane, in relation to the communication of any masonic information. + +It is a custom too generally adopted in this country, for subordinate +lodges to inflict this punishment, and hence it is supposed by many, that +the power of inflicting it is vested in the subordinate lodges. But the +fact is, that the only proper tribunal to impose this heavy penalty is a +Grand Lodge. A subordinate may, indeed, try its delinquent member, and if +guilty declare him expelled. But the sentence is of no force until the +Grand Lodge, under whose jurisdiction it is working, has confirmed it. And +it is optional with the Grand Lodge to do so, or, as is frequently done, +to reverse the decision and reinstate the Brother. Some of the lodges in +this country claim the right to expel independently of the action of the +Grand Lodge, but the claim is not valid. The very fact that an expulsion +is a penalty, affecting the general relations of the punished party with +the whole fraternity, proves that its exercise never could, with +propriety, be intrusted to a body so circumscribed in its authority as a +subordinate lodge. Besides, the general practice of the fraternity is +against it. The English Constitutions vest the power to expel exclusively +in the Grand Lodge.[99] + +The severity of the punishment will at once indicate the propriety of +inflicting it only for the most serious offenses, such, for instance, as +immoral conduct, that would subject a candidate for initiation to +rejection. + +As the punishment is general, affecting the relation of the one expelled +with the whole fraternity, it should not be lightly imposed, for the +violation of any masonic act not general in its character. The commission +of a grossly immoral act is a violation of the contract entered into +between each Mason and his Order. If sanctioned by silence or impunity, it +would bring discredit on the institution, and tend to impair its +usefulness. A Mason who is a bad man, is to the fraternity what a +mortified limb is to the body, and should be treated with the same mode of +cure--he should be cut off, lest his example spread, and disease be +propagated through the constitution. + +The punishment of expulsion can only be inflicted after a due course of +trial, and upon the votes of at least two-thirds of the members present, +and should always be submitted for approval and confirmation to the Grand +Lodge. + +One question here arises, in respect not only to expulsion but to the +other masonic punishments, of which I have treated in the preceding +sections:--Does suspension or expulsion from a Chapter of Royal Arch +Masons, an Encampment of Knights Templar, or any other of what are called +the higher degrees of Masonry, affect the relations of the expelled party +to Symbolic or Ancient Craft Masonry? I answer, unhesitatingly, that it +does not, and for reasons which, years ago, I advanced, in the following +language, and which appear to have met with the approval of the most of my +contemporaries:-- + +"A chapter of Royal Arch Masons, for instance, is not, and cannot be, +recognized as a masonic body, by a lodge of Master Masons. 'They hear them +so to be, but they do not know them so to be,' by any of the modes of +recognition known to Masonry. The acts, therefore, of a Chapter cannot be +recognized by a Master Masons' lodge, any more than the acts of a literary +or charitable society wholly unconnected with the Order. Again: By the +present organization of Freemasonry, Grand Lodges are the supreme masonic +tribunals. If, therefore, expulsion from a Chapter of Royal Arch Masons +involved expulsion from a Blue Lodge, the right of the Grand Lodge to hear +and determine causes, and to regulate the internal concerns of the +institution, would be interfered with by another body beyond its control. +But the converse of this proposition does not hold good. Expulsion from a +Blue Lodge involves expulsion from all the higher degrees; because, as +they are composed of Blue Masons, the members could not of right sit and +hold communications on masonic subjects with one who was an expelled +Mason."[100] + + + + +Chapter III. + +Of Masonic Trials. + + + +Having thus discussed the penalties which are affixed to masonic offenses, +we are next to inquire into the process of trial by which a lodge +determines on the guilt or innocence of the accused. This subject will be +the most conveniently considered by a division into two sections; first, +as to the form of trial; and secondly, as to the character of the +evidence. + + + +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. + +Every member present is bound to vote, unless excused by unanimous +consent. + +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 +as witnesses. Hence, the testimony of an atheist must be rejected; +because, as it has been well said, such a person cannot be subject to that +sanction which is deemed an indispensable test of truth. But as Masonry +does not demand of its candidates any other religious declaration than +that of a belief in God, it cannot require of the witnesses in its trials +any profession of a more explicit faith. But even here it seems to concur +with the law of the land; for it has been decided by Chief Baron Willes, +that "an infidel who believes in a God, and that He will reward and punish +him in this world, but does not believe in a future state, may be examined +upon oath." + +3. Persons who have been rendered infamous by their conviction of great +crimes, are deemed incompetent to give evidence. This rule has been +adopted, because the commission of an infamous crime implies, as Sir +William Scott has observed, "such a dereliction of moral principle on the +part of the witness, as carries with it the conclusion that he would +entirely disregard the obligation of an oath." Of such a witness it has +been said, by another eminent judge,[102] that "the credit of his oath is +over-balanced by the stain of his iniquity." + +4. Persons interested in the result of the trial are considered +incompetent to give evidence. From the nature of human actions and +passions, and from the fact that all persons, even the most virtuous, are +unconsciously swayed by motives of interest, the testimony of such persons +is rather to be distrusted than believed. This rule will, perhaps, be +generally of difficult application in masonic trials, although in a civil +suit at law it is easy to define what is the interest of a party +sufficient to render his evidence incompetent. But whenever it is clearly +apparent that the interests of a witness would be greatly benefited by +either the acquittal or the conviction of the accused, his testimony must +be entirely rejected, or, if admitted, its value must be weighed with the +most scrupulous caution. + +Such are the rules that the wisdom of successive generations of men, +learned in the law, have adopted for the establishment of the competency +or incompetency of witnesses. There is nothing in them which conflicts +with the principles of justice, or with the Constitutions of Freemasonry; +and hence they may, very properly, be considered as a part of our own +code. In determining, therefore, the rule for the admission of witnesses +in masonic trials, we are to be governed by the simple proposition that +has been enunciated by Mr. Justice Lawrence in the following language: + +"I find no rule less comprehensive than this, that all persons are +admissible witnesses who have the use of their reason, and such religious +belief as to feel the obligation of an oath, who have not been convicted +of any infamous crime, and who are not influenced by interest." + +The peculiar, isolated character of our institution, here suggests as an +important question, whether it is admissible to take the testimony of a +profane, or person who is not a Freemason, in the trial of a Mason before +his lodge. + +To this question I feel compelled to reply, that such testimony is +generally admissible; but, as there are special cases in which it is not, +it seems proper to qualify that reply by a brief inquiry into the grounds +and reasons of this admissibility, and the mode and manner in which such +testimony is to be taken. + +The great object of every trial, in Masonry, as elsewhere, is to elicit +truth; and, in the spirit of truth, to administer justice. From whatever +source, therefore, this truth can be obtained, it is not only competent +there to seek it, but it is obligatory on us so to do. This is the +principle of law as well as of common sense. Mr. Phillips, in the +beginning of his great "Treatise on the Law of Evidence," says: "In +inquiries upon this subject, the great end and object ought always to be, +the ascertaining of the most convenient and surest means for the +attainment of truth; the rules laid down are the means used for the +attainment of that end." + +Now, if A, who is a Freemason, shall have committed an offense, of which B +and C alone were cognizant as witnesses, shall it be said that A must be +acquitted for want of proof, because B and C are not members of the Order? +We apprehend that in this instance the ends of justice would be defeated, +rather than subserved. If the veracity and honesty of B and C are +unimpeached, their testimony as to the fact cannot lawfully be rejected on +any ground, except that they may be interested in the result of the trial, +and might be benefited by the conviction or the acquittal of the +defendant. But this is an objection that would hold against the evidence +of a Mason, as well as a profane. + +Any other rule would be often attended with injurious consequences to our +institution. We may readily suppose a case by way of illustration. A, who +is a member of a lodge, is accused of habitual intemperance, a vice +eminently unmasonic in its character, and one which will always reflect a +great portion of the degradation of the offender upon the society which +shall sustain and defend him in its perpetration. But it may happen--and +this is a very conceivable case--that in consequence of the remoteness of +his dwelling, or from some other supposable cause, his Brethren have no +opportunity of seeing him, except at distant intervals. There is, +therefore, no Mason, to testify to the truth of the charge, while his +neighbors and associates, who are daily and hourly in his company, are all +aware of his habit of intoxication. + +If, then, a dozen or more men, all of reputation and veracity, should +come, or be brought before the lodge, ready and willing to testify to this +fact, by what process of reason or justice, or under what maxim of masonic +jurisprudence, could their testimony be rejected, simply because they were +not Masons? And if rejected--if the accused with this weight of evidence +against him, with this infamy clearly and satisfactorily proved by these +reputable witnesses, were to be acquitted, and sent forth purged of the +charge, upon a mere technical ground, and thus triumphantly be sustained +in the continuation of his vice, and that in the face of the very +community which was cognizant of his degradation of life and manners, who +could estimate the disastrous consequences to the lodge and the Order +which should thus support and uphold him in his guilty course? The world +would not, and could not appreciate the causes that led to the rejection +of such clear and unimpeachable testimony, and it would visit with its +just reprobation the institution which could thus extend its fraternal +affections to the support of undoubted guilt. + +But, moreover, this is not a question of mere theory; the principle of +accepting the testimony of non-masonic witnesses has been repeatedly acted +on. If a Mason has been tried by the courts of his country on an +indictment for larceny, or any other infamous crime, and been convicted by +the verdict of a jury, although neither the judge nor the jury, nor the +witnesses were Masons, no lodge after such conviction would permit him to +retain his membership, but, on the contrary, it would promptly and +indignantly expel him from the Brotherhood. If, however, the lodge should +refuse to expel him, on the ground that his conviction before the court +was based on the testimony of non-masonic witnesses, and should grant him +a lodge trial for the same offense, then, on the principle against which +we are contending, the evidence of these witnesses as "profanes" would be +rejected, and the party be acquitted for want of proof; and thus the +anomalous and disgraceful spectacle would present itself--of a felon +condemned and punished by the laws of his country for an infamous crime, +acquitted and sustained by a lodge of Freemasons. + +But we will be impressed with the inexpediency and injustice of this +principle, when we look at its operation from another point of view. It is +said to be a bad rule that will not work both ways; and, therefore, if the +testimony of non-masonic witnesses against the accused is rejected on the +ground of inadmissibility, it must also be rejected when given in his +favor. Now, if we suppose a case, in which a Mason was accused before his +lodge of having committed an offense, at a certain time and place, and, by +the testimony of one or two disinterested persons, he could establish what +the law calls an _alibi_, that is, that at that very time he was at a +far-distant place, and could not, therefore, have committed the offense +charged against him, we ask with what show of justice or reason could such +testimony be rejected, simply because the parties giving it were not +Masons? But if the evidence of a "profane" is admitted in favor of the +accused, rebutting testimony of the same kind cannot with consistency be +rejected; and hence the rule is determined that in the trial of Masons, it +is competent to receive the evidence of persons who are not Masons, but +whose competency, in other respects, is not denied. + +It must, however, be noted, that the testimony of persons who are not +Masons is not to be given as that of Masons is, within the precincts of +the lodge. They are not to be present at the trial; and whatever testimony +they have to adduce, must be taken by a committee, to be afterwards +accurately reported to the lodge. But in all cases, the accused has a +right to be present, and to interrogate the witnesses. + +The only remaining topic to be discussed is the method of taking the +testimony, and this can be easily disposed of. + +The testimony of Masons is to be taken either in lodge or in committee, +and under the sanction of their obligations. + +The testimony of profanes is always to be taken by a committee, and on +oath administered by a competent legal officer--the most convenient way of +taking such testimony is by affidavit. + + + + +Chapter IV. + +Of the Penal Jurisdiction of a Lodge. + + + +The penal jurisdiction of a lodge is that jurisdiction which it is +authorized to exercise for the trial of masonic offenses, and the +infliction of masonic punishment. It may be considered as either +geographical or personal. + +The geographical jurisdiction of a lodge extends in every direction, half +way to the nearest lodge. Thus, if two lodges be situated at the distance +of sixteen miles from each other, then the penal jurisdiction of each will +extend for the space of eight miles in the direction of the other. + +The personal jurisdiction of a lodge is that jurisdiction which a lodge +may exercise over certain individuals, respective or irrespective of +geographical jurisdiction. This jurisdiction is more complicated than the +other, and requires a more detailed enumeration of the classes over whom +it is to be exercised. + +1. A lodge exercises penal jurisdiction over all its members, no matter +where they may reside. A removal from the geographical jurisdiction will +not, in this case, release the individual from personal jurisdiction. The +allegiance of a member to his lodge is indefeasible. + +2. A lodge exercises penal jurisdiction over all unaffiliated Masons, +living within its geographical jurisdiction. An unaffiliated Mason cannot +release himself from his responsibilities to the Order. And if, by immoral +or disgraceful conduct, he violates the regulations of the Order, or tends +to injure its reputation in the estimation of the community, he is +amenable to the lodge nearest to his place of residence, whether this +residence be temporary or permanent, and may be reprimanded, suspended, or +expelled. + +This doctrine is founded on the wholesome reason, that as a lodge is the +guardian of the purity and safety of the institution, within its own +jurisdiction, it must, to exercise this guardianship with success, be +invested with the power of correcting every evil that occurs within its +precincts. And if unaffiliated Masons were exempted from this control, the +institution might be seriously affected in the eyes of the community, by +their bad conduct. + +3. The personal jurisdiction of a lodge, for the same good reason, +extends over all Masons living in its vicinity. A Master Mason belonging +to a distant lodge, but residing within the geographical jurisdiction of +another lodge, becomes amenable for his conduct to the latter, as well as +to the former lodge. But if his own lodge is within a reasonable distance, +courtesy requires that the lodge near which he resides should rather make +a complaint to his lodge than itself institute proceedings against him. +But the reputation of the Order must not be permitted to be endangered, +and a case might occur, in which it would be inexpedient to extend this +courtesy, and where the lodge would feel compelled to proceed to the trial +and punishment of the offender, without appealing to his lodge. The +geographical jurisdiction will, in all cases, legalize the proceedings. + +4. But a lodge situated near the confines of a State cannot extend its +jurisdiction over Masons residing in a neighboring State, and not being +its members, however near they may reside to it: for no lodge can exercise +jurisdiction over the members of another Grand Lodge jurisdiction. Its +geographical, as well as personal jurisdiction, can extend no further than +that of its own Grand Lodge. + +5. Lastly, no lodge can exercise penal jurisdiction over its own Master, +for he is alone responsible for his conduct to the Grand Lodge. But it may +act as his accuser before that body, and impeach him for any offense that +he may have committed. Neither can a lodge exercise penal jurisdiction +over the Grand Master, although under other circumstances it might have +both geographical and personal jurisdiction over him, from his residence +and membership. + + + + +Chapter V. + +Of Appeals. + + + +Every Mason, who has been tried and convicted by a lodge, has an +inalienable right to appeal from that conviction, and from the sentence +accompanying it, to the Grand Lodge. + +As an appeal always supposes the necessity of a review of the whole case, +the lodge is bound to furnish the Grand Lodge with an attested copy of its +proceedings on the trial, and such other testimony in its possession as +the appellant may deem necessary for his defense. + +The Grand Lodge may, upon investigation, confirm the verdict of its +subordinate. In this case, the appeal is dismissed, and the sentence goes +into immediate operation without any further proceedings on the part of +the lodge. + +The Grand Lodge may, however, only approve in part, and may reduce the +penalty inflicted, as for instance, from expulsion to suspension. In this +case, the original sentence of the lodge becomes void, and the milder +sentence of the Grand Lodge is to be put in force. The same process would +take place, were the Grand Lodge to increase instead of diminishing the +amount of punishment, as from suspension to expulsion. For it is competent +for the Grand Lodge, on an appeal, to augment, reduce or wholly abrogate +the penalty inflicted by its subordinate. + +But the Grand Lodge may take no direct action on the penalty inflicted, +but may simply refer the case back to the subordinate for a new trial. In +this case, the proceedings on the trial will be commenced _de novo_, if +the reference has been made on the ground of any informality or illegality +in the previous trial. But if the case is referred back, not for a new +trial, but for further consideration, on the ground that the punishment +was inadequate--either too severe, or not sufficiently so--in this case, +it is not necessary to repeat the trial. The discussion on the nature of +the penalty to be inflicted should, however, be reviewed, and any new +evidence calculated to throw light on the nature of the punishment which +is most appropriate, may be received. + +Lastly, the Grand Lodge may entirely reverse the decision of its +subordinate, and decree a restoration of the appellant to all his rights +and privileges, on the ground of his innocence of the charges which had +been preferred against him. But, as this action is often highly important +in its results, and places the appellant and the lodge in an entirely +different relative position, I have deemed its consideration worthy of a +distinct chapter. + +During the pendency of an appeal, the sentence of the subordinate lodge is +held in abeyance, and cannot; be enforced. The appellant in this case +remains in the position of a Mason "under charges." + + + + +Chapter VI. + +Of Restoration. + + + +The penalties of suspension and expulsion are terminated by restoration, +which may take place either by the action of the lodge which inflicted +them, or by that of the Grand Lodge. + +Restoration from definite suspension is terminated without any special +action of the lodge, but simply by the termination of the period for which +the party was suspended. He then at once reenters into the possession of +all the rights, benefits, and functions, from which he had been +temporarily suspended. + +I have myself no doubt of the correctness of this principle; but, as it +has been denied by some writers, although a very large majority of the +authorities are in its favor, it may be well, briefly, to discuss its +merits. + +Let us suppose that on the 1st of January A.B. had been suspended for +three months, that is, until the 1st day of April. At the end of the three +months, that is to say, on the first of April, A.B. would no longer be a +suspended member--for the punishment decreed will have been endured; and +as the sentence of the lodge had expressly declared that his suspension +was to last until the 1st of April, the said sentence, if it means +anything, must mean that the suspension was, on the said 1st of April, to +cease and determine. If he were, therefore, to wait until the 1st of May +for the action of the lodge, declaring his restoration, he would suffer a +punishment of four months' suspension, which was not decreed by his lodge +upon his trial, and which would, therefore, be manifestly unjust and +illegal. + +Again: if the offense which he had committed was, upon his trial, found to +be so slight as to demand only a dismissal for one night from the lodge, +will it be contended that, on his leaving the lodge-room pursuant to his +sentence, he leaves not to return to it on the succeeding communication, +unless a vote should permit him? Certainly not. His punishment of +dismissal for one night had been executed; and on the succeeding night he +reentered into the possession of all his rights. But if he can do so after +a dismissal or suspension of one night, why not after one or three, six or +twelve months? The time is extended, but the principle remains the same. + +But the doctrine, that after the expiration of the term of a definite +suspension, an action by the lodge is still necessary to a complete +restoration, is capable of producing much mischief and oppression. For, if +the lodge not only has a right, but is under the necessity of taking up +the case anew, and deciding whether the person who had been suspended for +three months, and whose period of suspension has expired, shall now be +restored, it follows, that the members of the lodge, in the course of +their inquiry, are permitted to come to such conclusion as they may think +just and fit; for to say that they, after all their deliberations, are, to +vote only in one way, would be too absurd to require any consideration. +They may, therefore, decide that A.B., having undergone the sentence of +the lodge, shall be restored, and then of course all would be well, and no +more is to be said. But suppose that they decide otherwise, and say that +A.B., having undergone the sentence of suspension of three months, _shall +not_ be restored, but must remain suspended until further orders. Here, +then, a party would have been punished a second time for the same offense, +and that, too, after having suffered what, at the time of his conviction, +was supposed to be a competent punishment--and without a trial, and +without the necessary opportunities of defense, again found guilty, and +his comparatively light punishment of suspension for three months changed +into a severer one, and of an indefinite period. The annals of the most +arbitrary government in the world--the history of the most despotic tyrant +that ever lived--could not show an instance of more unprincipled violation +of law and justice than this. And yet it may naturally be the result of +the doctrine, that in a sentence of definite suspension, the party can be +restored only by a vote of the lodge at the expiration of his term of +suspension. If the lodge can restore him, it can as well refuse to restore +him, and to refuse to restore him would be to inflict a new punishment +upon him for an old and atoned-for offense. + +On the 1st of January, for instance, A.B., having been put upon his trial, +witnesses having been examined, his defense having been heard, was found +guilty by his lodge of some offense, the enormity of which, whatever it +might be, seemed to require a suspension from Masonry for just three +months, neither more nor less. If the lodge had thought the crime still +greater, it would, of course, we presume, have decreed a suspension of +six, nine, or twelve months. But considering, after a fair, impartial, and +competent investigation of the merits of the case (for all this is to be +presumed), that the offended law would be satisfied with a suspension of +three months, that punishment is decreed. The court is adjourned _sine +die_; for it has done all that is required--the prisoner undergoes his +sentence with becoming contrition, and the time having expired, the bond +having been paid, and the debt satisfied, he is told that he must again +undergo the ordeal of another trial, before another court, before he can +reassume what was only taken from him for a definite period; and that it +is still doubtful, whether the sentence of the former court may not even +now, after its accomplishment, be reversed, and a new and more severe one +be inflicted. + +The analogy of a person who has been sentenced to imprisonment for a +certain period, and who, on the expiration of that period, is at once +released, has been referred to, as apposite to the case of a definite +suspension. Still more appropriately may we refer to the case of a person +transported for a term of years, and who cannot return until that term +expires, but who is at liberty at once to do so when it has expired. +"Another capital offense against public justice," says Blackstone, "is +the returning from transportation, or being seen at large in Great Britain +_before the expiration of the term for which the offender was sentenced to +be transported." _ Mark these qualifying words: "before the expiration of +the term:" they include, from the very force of language, the proposition +that it is no offense to return _after_ the expiration of the term. And so +changing certain words to meet the change of circumstances, but leaving +the principle unchanged, we may lay down the law in relation to +restorations from definite suspensions, as follows: + +_It is an offense against the masonic code to claim the privileges of +Masonry, or to attempt to visit a lodge after having been suspended, +before the expiration of the term for which the offender was suspended_. + +Of course, it is no crime to resume these privileges after the term has +expired; for surely he must have strange notions of the powers of +language, who supposes that suspension for three months, and no more, does +not mean, that when the three months are over the suspension ceases. And, +if the suspension ceases, the person is no longer suspended; and, if no +longer suspended he is in good standing, and requires no further action to +restore him to good moral and masonic health. + +But it is said that, although originally only suspended for three months, +at the expiration of that period, his conduct might continue to be such as +to render his restoration a cause of public reproach. What is to be done +in such a case? It seems strange that the question should be asked. The +remedy is only too apparent. Let new charges be preferred, and let a new +trial take place for his derelictions of duty during the term of his +suspension. Then, the lodge may again suspend him for a still longer +period, or altogether expel him, if it finds him deserving such +punishment. But in the name of justice, law, and common sense, do not +insiduously and unmanfully continue a sentence for one and a former +offense, as a punishment for another and a later one, and that, too, +without the due forms of trial. + +Let us, in this case, go again for an analogy to the laws of the land. +Suppose an offender had been sentenced to an imprisonment of six months +for a larceny, and that while in prison he had committed some new crime. +When the six months of his sentence had expired, would the Sheriff feel +justified, or even the Judge who had sentenced him, in saying: "I will not +release you; you have guilty of another offense during your +incarceration, and therefore, I shall keep you confined six months +longer?" Certainly not. The Sheriff or the Judge who should do so +high-handed a measure, would soon find himself made responsible for the +violation of private rights. But the course to be pursued would be, to +arrest him for the new offense, give him a fair trial, and, if convicted +again, imprison or otherwise punish him, according to his new sentence, +or, if acquitted, discharge him. + +The same course should be pursued with a Mason whose conduct during the +period of his suspension has been liable to reproach or suspicion. Masons +have rights as well as citizens--every one is to be considered innocent +until he is proved guilty--and no one should suffer punishment, even of +the lightest kind, except after an impartial trial by his peers. + +But the case of an indefinite suspension is different. Here no particular +time has been appointed for the termination of the punishment. It may be +continued during life, unless the court which has pronounced it think +proper to give a determinate period to what was before indeterminate, and +to declare that on such a day the suspension shall cease, and the offender +be restored. In a case of this kind, action on the part of the lodge is +necessary to effect a restoration. + +Such a sentence being intended to last indefinitely--that is to say, +during the pleasure of the lodge--may, I conceive, be reversed at any +legal time, and the individual restored by a mere majority vote the of +lodge. Some authorities think a vote of two-thirds necessary; but I see no +reason why a lodge may not, in this as in other cases, reverse its +decision by a vote of a simple majority. The Ancient Constitutions are +completely silent on this and all its kindred points; and, therefore, +where a Grand Lodge has made no local regulation on the subject, we must +be guided by the principles of reason and analogy, both of which direct us +to the conclusion that a lodge may express its will, in matters +unregulated by the Constitutions, through the vote of a majority. + +But the restoration of an expelled Mason requires a different action. By +expulsion, as I have already said, all connection with the Order is +completely severed. The individual expelled ceases to be a Mason, so far +as respects the exercise of any masonic rights or privileges. His +restoration to the Order is, therefore, equivalent to the admission of a +profane. Having ceased on his expulsion to be a member of the lodge which +had expelled him, his restoration would be the admission of a new member. +The expelled Mason and the uninitiated candidate are to be placed on the +same footing--both are equally unconnected with the institution--the one +having never been in it, and the other having been completely discharged +from it. + +The rule for the admission of new members, as laid down in the Thirty-nine +Regulations, seems to me, therefore, to be applicable in this case; and +hence, I conceive that to reverse a sentence of expulsion and to restore +an expelled Mason will require as unanimous a vote as that which is +necessary on a ballot for initiation. + +Every action taken by a lodge for restoration must be done at a stated +communication and after due notice, that if any member should have good +and sufficient reasons to urge against the restoration, he may have an +opportunity to present them. + +In conclusion, the Grand Lodge may restore a suspended or expelled Mason, +contrary to the wishes of the lodge. + +In such case, if the party has been suspended only, he, at once, resumes +his place and functions in the lodge, from which, indeed, he had only been +temporarily dissevered. + +But in the case of the restoration of an expelled Mason to the rights and +privileges of Masonry, by a Grand Lodge, does such restoration restore him +to membership in his lodge? This question is an important one, and has +very generally been decided in the negative by the Grand Lodges of this +country. But as I unfortunately differ from these high authorities, I +cannot refrain, as an apology for this difference of opinion, from +presenting the considerations which have led me to the conclusion which I +have adopted. I cannot, it is true, in the face of the mass of opposing +authority, offer this conclusion as masonic law. But I would fain hope +that the time is not far distant when it will become so, by the change on +the part of Grand Lodges of the contrary decisions which they have made. + +The general opinion in this country is, that when a Mason has been +expelled by his lodge, the Grand Lodge may restore him to the rights and +privileges, but cannot restore him to membership in his lodge. My own +opinion, in contradiction to this, is, that when a Grand Lodge restores an +expelled Mason, on the ground that the punishment of expulsion from the +rights and privileges of Masonry was too severe and disproportioned to the +offense, it may or may not restore him to membership in his lodge. It +might, for instance, refuse to restore his membership on the ground that +exclusion from his lodge is an appropriate punishment; but where the +decision of the lodge as to the guilt of the individual is reversed, and +the Grand Lodge declares him to be innocent, or that the charge against +him has not been proved, then I hold, that it is compelled by a just +regard to the rights of the expelled member to restore him not only to the +rights and privileges of Masonry, but also to membership in his lodge. + +I cannot conceive how a Brother, whose innocence has been declared by the +verdict of his Grand Lodge, can be deprived of his vested rights as the +member of a particular lodge, without a violation of the principles of +justice. If guilty, let his expulsion stand; but, if innocent, let him be +placed in the same position in which he was before the passage of the +unjust sentence of the lodge which has been reversed. + +The whole error, for such I conceive it to be, in relation to this +question of restoration to membership, arises, I suppose, from a +misapprehension of an ancient regulation, which says that "no man can be +entered a Brother in any particular lodge, or admitted a member thereof, +without the unanimous consent of all the members"--which inherent +privilege is said not to be subject to dispensation, "lest a turbulent +member should thus be imposed upon them, which might spoil their harmony, +or hinder the freedom of their communication, or even break and disperse +the Lodge." But it should be remembered that this regulation altogether +refers to the admission of new members, and not to the restoration of old +ones--to the granting of a favor which the candidate solicits, and which +the lodge may or may not, in its own good pleasure, see fit to confer, and +not to the resumption of a vested and already acquired right, which, if it +be a right, no lodge can withhold. The practical working of this system of +incomplete restoration, in a by no means extreme case, will readily show +its absurdity and injustice. A member having appealed from expulsion by +his lodge to the Grand Lodge, that body calmly and fairly investigates the +case. It finds that the appellant has been falsely accused of an offense +which he has never committed; that he has been unfairly tried, and +unjustly convicted. It declares him innocent--clearly and undoubtedly +innocent, and far freer from any sort of condemnation than the prejudiced +jurors who convicted him. Under these circumstances, it becomes +obligatory that the Grand Lodge should restore him to the place he +formerly occupied, and reinvest him with the rights of which he has been +unjustly despoiled. But that it cannot do. It may restore him to the +privileges of Masonry in general; but, innocent though he be, the Grand +Lodge, in deference to the prejudices of his Brethren, must perpetuate a +wrong, and punish this innocent person by expulsion from his lodge. I +cannot, I dare not, while I remember the eternal principles of justice, +subscribe to so monstrous an exercise of wrong--so flagrant an outrage +upon private rights. + + + + +Index. + + + +A. + + +Accused, to what he is entitled +Act passed in the reign of Henry VI., anno 1425 + " " " it was never enforced +Actual Past Master, term defined +Adjournment, a term not recognized in Masonry + " motion for, cannot be entertained +Affiliated Masons only, can visit lodges +Affiliation, what it is + " mode of + " requires unanimity + " Master Masons only entitled to it + " rejected application for, may be renewed in other lodges + " may be made with more than one lodge +Age, qualifications of candidates as to +Appeal from Grand Master not permitted + " not to be entertained in a lodge + " cannot be taken from the chair + " doctrine of, discussed + " from the Master, must be to the Grand Lodge + " every Mason has a right to one, to the Grand Lodge + " pending one, the sentence is in abeyance +Apprentices, rights of _(see Entered Apprentice_) +Arrears, non-payment of + " to lodges, history of their origin + " do not accrue during suspension +Assembly, general-one held in 287 by St. Alban + " " " in 926 at York + " " governed the craft for nearly 800 years + " " how organized +Atheist cannot be a Mason +Authorities for masonic law + + + +B. + + +Balloting for candidates + every member must take a part in it + secrecy of, inviolable + must be unanimous + Mason irresponsible for it to the lodge + not disfranchised of it by non-payment of arrears + mode of +Balloting in each degree + not actually prescribed in the ancient constitutions, but implied + must be unanimous +Ballot, reconsideration of + motion for, out of order + cannot be granted by dispensation +Black ball is the bulwark of Masonry +Brother, a title to be always used in lodge +Burial, masonic, right of + must be requested except for strangers + Master Masons only entitled to it + dispensation for, not usually required +Business, order of + may be suspended at any time by the Master +By-laws must be approved and confirmed by Grand Lodge + + + +C. + + +Calling from labor to refreshment +Censure, a masonic punishment +Certificates, masonic +Chaplain, Grand (_see Grand Chaplain_) +Charges of accusation, how to be made +Closing lodge is at the discretion of the Master +Committee of investigation on character of candidates +Committees to be appointed by the Master + Master is chairman of, when present +Communication of a lodge, how terminated +Consecration of a lodge how performed + meaning of +Constituting a lodge, ceremony of + meaning of +Constitutions, how to be altered +" Gothic, adopted in 926, +Corn, wine, and oil, masonic elements of consecration, +" " " why elements, +Crimes, masonic, +" " definition of, +" " enumeration of + + + +D. + + +Deacons, +" two in each lodge, +" are appointed officers, +" not removable by Master or Senior Warden +" Grand _(see Grand Deacons_) +Dedication of a lodge, how performed +" to whom, and why, +" meaning of +Definite suspension +" " restoration from +Degrees, no candidate can receive more than two at one communication +Demitting +" right of, not denied until recently, +" regulations concerning +" of many at one time may be refused +Deputy Grand Master, duties and prerogatives of +" " office of, not very ancient +" " exercises prerogatives of Grand Master in his absence +"" cannot be more than one +"" originally appointed by Grand Master +Discussions, how to be conducted in lodge, +Dispensation what and where to be granted +"for a lodge +"" " tenure of its duration +"" " difference from a Warrant +District Deputy Grand Master, a modern invention +Dotage a disqualification of candidates +" meaning of the term +Dues to lodges, a modern usage +" non-payment of, does not disqualify from voting for candidates + + + +E. + + +Emergency, rule upon the subject +Entered Apprentice, rights of + formerly a member of his lodge + formerly permitted to attend the Grand Communications + may sit in a lodge of his degree + cannot speak or vote + cannot be deprived of his rights without trial + after trial may appeal to the Grand Lodge +Erasure from lodge, a masonic punishment +Evidence in masonic trials +Examination of visitors + how to be conducted +Exclusion, a masonic punishment +Executive powers of a Grand Lodge +Expulsion is masonic death +Expulsion, a masonic punishment + should be inflicted by Grand Lodge or with its approval + from higher degrees, its effect + restoration from +Extinct lodges, funds of, revert to the Grand Lodge + + + +F. + + +Family distressed, of a Mason, entitled to relief +Fellow Craft, rights of + they formerly constituted the great body of the Fraternity + formerly permitted to speak, but not vote +Finishing candidates of one lodge in another +Fool cannot be a Mason +Free, a candidate must be, at the time of making +Free-born, a Mason must be + reason for the rule +Funds of extinct lodges revert to the Grand Lodge + + + +G. + + +General Assembly. (_See Assembly, General._) +God, belief in, a qualification of a candidate +Gothic constitutions adopted in 926 +Grand Chaplain, + office established in 1775 + duties of +Grand Deacons + office more ancient than Oliver supposes + duties of + how appointed +Grand Lodge held in 1717 + mode of organizing one + three lodges necessary to organize one + dormant may be revived if a Grand Officer remains, + all the Craft formerly members of + Masters and Wardens of lodges are members + Grand Officers are also members + Past Masters are not members by inherent right + its powers and prerogatives + may make new regulations + must observe the landmarks +Grand Lodges, historical sketch of + are comparatively modern institutions +Grand Marshal + appointed by the Grand Master + duties of +Grand Master, duties and prerogatives of + office of has existed since the origin of Masonry + an elective officer + by whom to be installed + prerogatives of, derived from two sources + no appeal from his decision + may convene Grand Lodge when he chooses + entitled to two votes + how to be punished + may grant dispensations +Grand Master may make Masons at sight + may constitute new lodges + cannot dispense with requisite forms in making Masons + his own lodge cannot exercise jurisdiction over him +Grand Pursuivant +Grand Secretary + office of established in 1723 + duties of +Grand Secretary, may appoint an assistant +Grand Stewards + " " first mentioned in 1721 + " " duties of + " " appointed by Junior Grand Warden +Grand Stewards' Lodge +Grand Sword-Bearer + " " duties of + " " office of, constituted in 1731 +Grand Tiler +" " office of, must have existed from the earliest times +" " must not be a member of the Grand Lodge +" " sometimes appointed, and sometimes elected +Grand Treasurer +" " office of, established in 1724 +" " duties of +" " has always been elected +Grand Wardens +" " originally appointed by the Grand Master +" " succeed the Grand Master and Deputy + + + +H. + + +Heresy not a masonic crime +Higher degrees, effect of expulsion from +Historical sketch + + + +I. + + +Idiot cannot be made a Mason +Impostor, how to be treated in examination +Incompetent witnesses, who they are +Indefinite suspension +" " restoration from +Innovations cannot be made in the body of Masonry +Insanity, if perfectly cured, no disqualification of a candidate +Installation + " whence the term derived + " necessary to legal existence of an officer + " of a Master of a lodge + " of the Grand Master +Instruction of representatives, right of, is vested in a lodge +Investigation of character must be by a committee +Irreligious libertine cannot be a Mason + " " definition of the term + + + +J. + + +Judicial powers of a Grand Lodge, +Junior Grand Warden +Junior Warden, + " " presides in absence of Master and Senior Warden, + " " does not take the West in absence of Senior Warden, + " " presides over the craft during refreshment + " " appoints the stewards +Jurisdiction of a lodge + " geographical or personal + " is over all its members + " " " unaffiliated Masons in its vicinity + " cannot extend beyond State lines, + " none over its Master + + + +K. + + +Knowledge of reading and writing necessary to a Mason + + + +L. + + +Labor, calling from, to refreshment +Landmarks, what they are, + " ritual and legislative + " must be observed by the Grand Lodge +Law of Grand Lodges + " subordinate lodges + " individuals +Lawful information, what it is +Laws, how to be interpreted + " of Masonry are of two kinds--written and unwritten + " written, whence derived + " unwritten, whence derived + " " same as ancient usage +Legislative powers of a Grand Lodge +Libertine, irreligious, cannot be a Mason + meaning of the term +Lodge, subordinate + definition of + how organized + must have been congregated by some superior authority +Lodge, under dispensation + definition of + generally precedes a warranted lodge + how formed + cannot make by-laws + cannot elect officers + cannot install officers + cannot elect members +Lodge, warranted + its powers and rights + must be consecrated + must be dedicated + must be constituted + its officers must be installed + ceremony of installation in + its powers are inherent in it + its reserved rights are secured by the regulations + an assembly of the craft in their primary capacity + may select its own members + elects its own officers + what officers of, are elected in England + may install its officers + Master of, must be installed by a past Master + may be represented in the Grand Lodge + representatives of + may instruct its representatives + may frame by-laws + may suspend or exclude a member + may declare a member expelled, the sentence to be approved by the Grand Lodge + may levy annual contributions + may select its name + cannot select its number + duties of + cannot alter the ritual + must elect officers at a particular time +Lodge, warranted, cannot interfere with business of another lodge + " " cannot initiate without previous notice + " " cannot confer more than two degrees on the same candidate at one time + " " cannot make more than five new Brothers at the same time + " " must meet once a month + " " neglecting to meet forfeits its warrant + " " cannot remove from the town, without the consent of the Grand Lodge + " " may remove from one part of the town to another, under restrictions + " " officers of + + + +M. + + +Madmen cannot be Masons +Maims, how far disqualifying candidates + " reason for the rule relating to +Mass meeting of the craft cannot organize a Grand Lodge +Master, Grand. _(See Grand Master_.) +Master Mason, rights of + " " becomes a member by signing the by-laws + " " how this right is forfeited + " " may apply to any lodge for membership + " " to whom subject for discipline + " " may speak and vote on all questions + " " may hold any office to which elected + " " but to serve as Master must have been a Warden + " " may appeal to the Grand Lodge + " " may visit any lodge, after examination +Master of a lodge + " " " must have previously served as Warden + " " " must see Grand Lodge regulations enforced + " " " must be installed by a Past Master + " " " has the warrant in charge + " " " may call special meetings of his lodge + " " " may close his lodge at any time + " " " presides over business as well as labor + " " " is supreme in his lodge +Master of a lodge, no appeal from his decision except to Grand +Lodge + moral qualifications of + intellectual qualifications of + who is to judge of them + is a member of the Grand Lodge + may exclude a member temporarily +Membership, right of +Members of Grand Lodge are Masters and Wardens with the Grand Officers +Minutes, when to be read + how to be amended + not to be read at special communications + formula for keeping +Moral law, what it is + a Mason must obey it +Motions, when to be entertained + + + +N. + + +Name of a lodge to be selected by itself +Non-residents, initiation of +Number of a lodge regulates its precedency + of candidates to be initiated at one communication + + + +O. + + +Office, can be vacated only by death, removal, or expulsion + not vacated by suspension +Officers of a Grand Lodge + subordinate lodge + warranted lodge must be installed + how to be installed + time of election determined by Grand Lodge + elected annually + vacancies in, how to be supplied + cannot resign +Order, rules of + whence derived + + + +P. + + +Parliamentary law not applicable to Masonry +Past Masters + rights of + not members of the Grand Lodge by inherent right + may install their successors + of two kinds--actual and virtual + may preside in a lodge + eligible to election to the chair + entitled to a seat in the East + eligible to be elected Deputy Grand Master, or Grand Warden + virtual, cannot be present at installing a Master +Penal jurisdiction of a lodge +Perfect youth, meaning of the term +Perfection, physical, why required of a candidate +Petition of candidate + must be read at a regular communication + referred to a committee of three + reported on at next regular communication + report on, cannot be made at a special communication + renewal of, in case of rejection + how to be renewed, if rejected + for advancement to a higher degree + if rejected, how to be renewed +Petitioners, not less than seven to form a lodge + what they must set forth + must be recommended by nearest lodge +Political offenses not cognizable by a lodge +Political qualifications of candidates +Postponed business, when to be called up +Precedency of lodges, regulated by their numbers +Presiding in a lodge, who has the right of + officer, has the prerogatives of the Master, for the time +Previous question, unknown in Masonry +Probation of candidates + for initiation + for advancement +Proceedings of a regular communication cannot be amended at a special one +Profanes, testimony of, how to be taken in trials +Proficiency of candidates +Proficiency of candidates, must be suitable +Punishments, masonic +Pursuivant, a title equivalent to Sword-Bearer + + + +Q. + + +Qualifications of a Master of a lodge + of candidates, + moral + religious + physical + intellectual + political, 184 +Quarterly communications of Grand Lodge, ordered in 1717 +Question, how to be taken on a motion + + + +R. + + +Reading, a qualification of candidates +Recommendation of nearest lodge, necessary to form a new one + of candidate, must be by two members +Reconsideration of ballot + motion for, is out of order, + cannot be granted by dispensation +Rejected candidate cannot apply to any other lodge + renewed petition of, when to be made, +Relief, right of claiming it + unworthy Masons not entitled to it +Religion of a Mason, what it is required to be +Religious offenses not cognizable by a lodge +Removal of a lodge, rule on the subject of +Representatives of a lodge, who they are +Reprimand, a masonic punishment +Restoration + from definite suspension + indefinite supension + expulsion + must be at a stated communication + may be by Grand Lodge + requires a unanimous vote + to membership discussed + + + +S. + + +Secretary, Grand. (_See Grand Secretary._) + of a lodge + his duty + is a recording, corresponding, and receiving officer + is a check upon the treasurer + often receives compensation + in case of death, or expulsion, a successor may be elected + but not in case of removal, or sickness +Senior Grand Warden. (_See Grand Wardens._) +Senior Warden + presides in absence of Master + may invite a Past Master to preside + presides over the craft during labor + appoints the Junior Deacon +Sentence in trials, how to be obtained + ---- is in abeyance pending an appeal +Stewards, Grand. (_See Grand Stewards._) + of a lodge + appointed by Junior Warden + duties of + not removable by Junior Warden +Stranger, initiation of +Suspension + definite + indefinite +Sword Bearer, Grand. (_See Grand Sword Bearer._) + + + +T. + + +Testimony, how to be taken on masonic trials +Tiler, Grand. (_See Grand Tiler._) + of a lodge + office existed from beginning of the institution + no lodge can be without one + must be a worthy Master Mason + if a member, the office does not disfranchise him + when voting, Junior Deacon takes his place + may be removed for misconduct +Tiler's obligation, form of it +Transient persons, initiation of +Treasurer, Grand. _(See Grand Treasurer_.) + " " of a lodge + " " duties of + " " is the only banker of the lodge + " " is a disbursing officer + " " a Brother of worldly substance usually selected + " " in case of death, a successor may be elected + " " but not in case of sickness, or removal +Trials, masonic + " " form of + " " evidence in + + +U. + + +Unaffiliated Masons + " " tax sometimes levied on + " " position, rights, and duties of +Unaffiliation, contrary to the spirit of Masonry + " effect of, on a Mason +Unanimity in the ballot required by the ancient constitutions +Uneducated candidates not forbidden by positive enactment + " " their admission opposed to the spirit of the institution + + +V. + + +Virtual Past Masters, who they are +Visit, right of + " only affiliated Mason entitled to it + " must be preceded by an examination + " requires a certificate to insure it +Visitors, examination of, described + " must take the Tiler's obligation +Voting must always be by a show of hands +Voting in trials, obligatory on all members present +Voucher must be a competent Mason +Vouching for a visitor + + + +W. + + +Wardens, Grand. (_See Grand Wardens._) + of a lodge are assistants of the Master + entitled to membership in Grand Lodge +Warden, Senior. (_See Senior Warden._) +Warden, Junior. (_See Junior Warden._) +Warrant of constitution + what it is + its difference from a dispensation + can be revoked only by the Grand Lodge + confers powers of installation and succession + not necessary before 1717 + cannot be resigned by a majority of the lodge +Warranted lodges. (_See Lodges, Warranted._) +Witnesses in masonic trials, qualifications of + definition of incompetent ones +Woman cannot be made a Mason +Writing, a qualification of candidates + + + +Y. + + +Yeas and nays, calling for, unmasonic +Young man under age cannot be made a Mason +Youth, perfect, meaning of the term + + + + +Footnotes + + + +[1] They will be found in Oliver's edition of Preston, p. 71, note, +(U.M.L., vol. iii., p. 58), or in the American edition by Richards, +Appendix i., note 5. + +[2] Found in Ol. Preston, n. 3 (p. 162. U.M.L., vol. iii., p. 134). + +[3] In all references to, or citations from, Anderson's Constitutions, I +have used, unless otherwise stated, the first edition printed at London in +1723--a fac simile of which has recently been published by Bro. John W. +Leonard, of New York. I have, however, in my possession the subsequent +editions of 1738, 1755, and 1767, and have sometimes collated them +together. + +[4] The Gothic Constitutions are that code of laws which was adopted by +the General Assembly at York, in the year 926. They are no longer extant, +but portions of them have been preserved by Anderson, Preston, and other +writers. + +[5] Preston, book iv., sec, 2., p. 132, n. (U.M.L.,vol. iii., p. 109). + +[6] General Regulations, art. xxxix. + +[7] Chancellor Walworth, in his profound argument on the New York +difficulties, asserted that this fact "does not distinctly appear, +although it is, pretty evident that all voted."--p. 33. The language of +Anderson does not, however, admit of a shadow of a doubt. "The Brethren," +he says, "by a majority of hands, elected," &c. + +[8] Opinion of Chancellor Walworth upon the questions connected with the +late masonic difficulties in the State of New York, p. 37. There is much +historical learning displayed in this little pamphlet. + +[9] Preston, p. 131, n., Oliver's Edit. (U.M.L., vol. iii.,p. 109). + +[10] Of the thirty-six Grand Masters who have presided over the craft in +England since the revival of Masonry in 1717, thirty have been noblemen, +and three princes of the reigning family. + +[11] Article xxxiv. + +[12] His most important prerogatives are inherent or derived from ancient +usage. + +[13] Proceedings G.L. Maryland, 1849, p. 25. + +[14] Art. xxxix. + +[15] The word "time" has been interpreted to mean _communication_. + +[16] And this is not because such past officer has an inherent right to +the mastership, but because as long as such an one is present and willing +to serve, there does not exist such an emergency as would authorize a +dispensation of the law. + +[17] What further concerns a lodge under dispensation is referred to a +special chapter in a subsequent part of the work. + +[18] It is well known, although it cannot be quoted as authority, that the +Athol Constitutions expressly acknowledged the existence of this +prerogative. See Dermott's Ahiman Rezon. + +[19] Book of Constitutions, edit. 1767, p. 222. + +[20] Book of Const., p. 233. + +[21] Book of Const., p. 313. + +[22] Book of Constitutions, p. 319. + +[23] Preston, p. 237, ed. 1802, (U.M.L., vol. iii., p. 223). + +[24] Book of Constitutions, p. 247 + +[25] The existence of this prerogative is denied by the Grand Lodges of +Missouri, Tennessee, Louisiana, and Massachusetts, while it is admitted by +those of New York, Kentucky, North Carolina, South Carolina, Wisconsin, +Vermont, Mississippi, Ohio, New Hampshire, Maryland, Indiana, Texas and +Florida; in the last two, however, subject to limitation. + +[26] That is, the one who has longest been a Freemason. + +[27] Book of the Lodge, p. 115 (U.M.L., vol. i., book 2, p. 78). + +[28] It was abolished in New York in 1854. + +[29] This is a small chest or coffer, representing the ark of the +covenant, and containing the three great lights of Masonry. + +[30] "What man is there that hath a new house and hath not dedicated it? +Let him go and return to his house, lest he die in the battle and another +man dedicate it." Deut. xx. 5. + +[31] De Syned. Vet. Ebrćor., 1. iii., c. xiv., § 1. + +[32] Cicero, Brut. i. + +[33] See such a form of Dispensation in Cole's Masonic Library, p. 91. + +[34] Preston, Append., n. 4 (U.M.L., vol. iii., pp. 150, 151). + +[35] Book of Constitutions, orig. ed, p., 70 (U.M.L., vol. xv., book 1, p. +70). + +[36] General Regulations of 1722. A subsequent regulation permitted the +election of a candidate, if there were not more than three black balls +against him, provided the lodge desired such a relaxation of the rule. The +lodges of this country, however, very generally, and, as I think, with +propriety, require unanimity. The subject will be hereafter discussed. + +[37] Every lodge shall annually elect its Master and Treasurer by ballot. +Such Master having been regularly appointed and having served as Warden of +a warranted lodge for one year. _Constitutions of the Ancient Fraternity +of Free and Accepted Masons, published by authority of the United Grand +Lodge of England_, 1847, _p_. 58 (U.M.L., vol. ix., book 1). + +[38] The Wardens, or officers, of a lodge cannot be removed, unless for a +cause which appears to the lodge to be sufficient; but the Master, if he +be dissatisfied with the conduct of any of his officers, may lay the cause +of complaint before the lodge; and, if it shall appear to the majority of +the Brethren present that the complaint be well founded, he shall have +power to displace such officer, and to nominate another. _English +Constitutions, as above, p._ 80 (U.M.L., vol. ix., book 1). + +[39] It is not necessary that he should be a Past Master of the lodge. + +[40] No master shall assume the Master's chair, until he shall have been +regularly installed, though he may in the interim rule the lodge. _English +Constitutions_ (U.M.L., vol. ix., book 1). + +[41] Every Warranted Lodge is a constituent part of the Grand Lodge, in +which assembly all the power of the fraternity resides. _English +Constitutions, p_. 70 (U.M.L., vol. ix., book 1). + +[42] We shall not here discuss the question whether Past Masters are +members of the Grand Lodge, by inherent right, as that subject will be +more appropriately investigated when we come to speak of the Law of Grand +Lodges, in a future chapter. They are, however clearly, not the +representatives of their lodge. + +[43] Preston, p. 167 (U.M.L., vol. iii., p. 151). + +[44] General Regulations. Of the duty of members, Art. X, (U.M.L., vol. +xv., book 1, p. 61). + +[45] English Constitutions, p. 59 (U.M.L., vol. ix., book 1). + +[46] In selecting the name, the modern Constitutions of England make the +approbation of the Grand Master or Provincial Grand Master necessary. + +[47] Such is the doctrine of the modern English Constitutions. + +[48] "No Brother can be a Warden until he has passed the part of a Fellow +Craft; nor a Master until he has acted as a Warden."--_Old Charges_, IV. +(U.M.L., vol. xv., book 1, p. 52). + +[49] Regulations on Installation of a Master, No. III. Preston, p. 74 +(U.M.L., vol. iii., p. 61). + +[50] Hats. quoted in Jefferson, p. 14. + +[51] One of the ancient charges, which Preston tells us that it was the +constant practice of our Ancient Brethren to rehearse at the opening and +closing of the lodge, seems to refer to this rule, when it says, "the +Master, Wardens, and Brethren are just and faithful, and _carefully finish +the work they begin_."--Oliver's Preston, p. 27, _note_ (U.M.L., vol. +iii., p. 22). + +[52] Proceedings of G.L. of Tennessee, 1850. Appendix A, p. 8. + +[53] Book of Constitutions, edition of 1755, p. 282. + +[54] If it is an extra communication, this item of the transaction is, of +course, omitted, for minutes are only to be confirmed at regular +communications. + +[55] Oliver's Preston, p. 163, note (U.M.L., vol. iii., p. 135). + +[56] Such is the provision in the modern constitutions of England, but the +4th of the 39 Regulations required the candidate to be at least +twenty-five. + +[57] See these regulations in Preston, p. 162, Oliver's ed. (U.M.L., vol. +iii., p. 135). + +[58] Oliver's Preston, p. 72, (U.M.L., vol. iii., p. 59). + +[59] Blackstone, Com. I., Introd., § 2. + +[60] In an able report on this subject, in the proceedings of the Grand +Lodge of Georgia for 1852. In accordance with the views there expressed, +Bro. Rockwell decided officially, as District Deputy Grand Master, in +1851, that a man who had lost one eye was not admissible. + +[61] Potter, 184. + +[62] Page 18. In December, 1851, the Committee of Correspondence of North +Carolina, unregardful of the rigid rule of their predecessors, decided +that maimed candidates might be initiated, "provided their loss or +infirmity will not prevent them from making full proficiency in Masonry." + +[63] Proceedings of the G.L. of Mo. for 1823, p. 5. The report and +resolution were on the petitions of two candidates to be initiated, one +with only one arm, and the other much deformed in his legs. + +[64] When the spirit of expediency once begins, we know not where it will +stop. Thus a blind man has been initiated in Mississippi, and a one-armed +one in Kentucky; and in France a few years since, the degrees were +conferred by sign-language on a deaf mute! + +[65] Namely, the incorrectly presumed operative origin of the Order. The +whole of this report, which is from the venerable Giles F. Yates, contains +an able and unanswerable defense of the ancient law in opposition to any +qualification. + +[66] See proceedings of New York, 1848, pp. 36, 37. + +[67] Such is the formula prescribed by the Constitutions of England as +well as all the Monitors in this country. + +[68] See Mackey's Lexicon of Freemasonry, 3d Edit., art, _Ballot_. + +[69] Book of Constitutions. Edit. 1755, p. 312. + +[70] See Mackey's Lexicon of Freemasonry, 3d Edit., art. _Ballot_ + +[71] Except when there is but one black ball, in which case the matter +lies over until the next stated meeting. See preceding Section. + +[72] Masonry founded on Scripture, a Sermon preached in 1752, by the Rev. +W. Williams. + +[73] That is, advance him, from the subordinate position of a serving man +or Apprentice, to that of a Fellow Craft or journeyman. + +[74] This is also the regulation of the Grand Lodge of South Carolina. + +[75] Proceedings of Grand Lodge of New York, for 1845. He excepts, of +course, from the operation of the rule, those made by dispensation; but +this exception does not affect the strength of the principle. + +[76] Preston, edition of Oliver, p. 12 (U.M.L., vol. iii., p. 10). + +[77] Transactions of the G.L. of New York, anno 1848, p. 73. + +[78] Edition of 1723, page 71 (U.M.L., vol. xv., book 1, p. 71). + +[79] Preston, p. 48 (U.M.L., vol, iii., p. 40). + +[80] Const. New York, 1854, p. 13. The Constitutions of the Grand Lodge of +England (p. 64) have a similar provision; but they require the Brother to +express his wish for membership on the day of his initiation. + +[81] Preston, Oliver's Ed., p. 71, _note_ (U.L.M., vol. iii., p. 60). + +[82] See Oliver, note in Preston, p. 75 (U.M.L., vol. iii, p. 61). + +[83] Oliver's Preston, p. 162 (U.M.L., vol. iii., p. 135.) + +[84] See Anderson's Const., 3d Edit., 1755, page 303. + +[85] Preston, Oliver's Edit., p. 89 (U.M.L., vol. iii., p. 72). + +[86] Preston, Oliver's Edit" p. 90 (U.M.L., vol. iii., p. 73). + +[87] Book I., chap. iii. + +[88] Proceedings of Louisiana, an. 1852. + +[89] Preston, Oliver's Edit., p. 76 (U.M.L., vol. iii, p. 62). + +[90] Ibid + +[91] See Mackey's Lexicon of Freemasonry, _in voce_. + +[92] Constitutions, Second Edition of 1738, p. 154. + +[93] Proceedings for 1853. + +[94] Proceedings for 1847. + +[95] The right to visit is restricted to once, by many Grand Lodges to +enable him to become acquainted with the character of the lodge before he +applies for membership. + +[96] Blackstone, Introd., § i. + +[97] For so we should interpret the word "honeste." + +[98] I have treated this subject of expulsion so fully in my "Lexicon of +Freemasonry," and find so little more to say on the subject, that I have +not at all varied from the course of argument, and very little from the +phraseology of the article in that work. + +[99] In England, ejection from a membership by a subordinate lodge is +called "exclusion," and it does not deprive the party of his general +rights as a member of the fraternity. + +[100] Lexicon of Freemasonry. + +[101] Phillips, on Evidence, p. 3. + +[102] Chief Baron Gilbert. + + + + + +End of Project Gutenberg's The Principles of Masonic Law, by Albert G. 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Mackey, M.D.</title> +<style type="text/css"> + <!-- + body { + margin: 0.5em; + font-family: Verdana, Arial, sans-serif; + } + + h1,h2,h3,h4,h5,h6 { + text-align: center; + font-weight: bold; + } + + h1,h2,h3,h4 { + font-variant: small-caps + } + + .smallcaps { font-variant: small-caps } + + a { text-decoration: none; } + + a:hover { background-color: #ffffcc } + + div.book { + margin-top: 6em; + padding: 5px; + } + + div.chapter { + margin-top: 4em; + padding: 5px; + } + + div.sec { + margin-top: 2em; + padding: 5px; + } + + hr { + height: 1px; + border-width: 1px; + border-style: dashed; + } + + p.abs, blockquote.epi { + width: 80%; + margin-left: auto; + margin-right: auto; + } + + p.byline { + text-align: center; + font-variant: small-caps; + } + + #tp, #verso, #dedication { text-align: center; } + + #tp blockquote.epi { + text-align: left; + width: 40%; + margin-left: auto; + margin-right: auto; + } + + #toc ul { + list-style-type: none; + } + --> +</style> +</head> +<body> + + +<pre> + +Project Gutenberg's The Principles of Masonic Law, by Albert G. Mackey + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Principles of Masonic Law + A Treatise on the Constitutional Laws, Usages And Landmarks of + Freemasonry + + +Author: Albert G. Mackey + +Release Date: April 28, 2004 [EBook #12186] + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE PRINCIPLES OF MASONIC LAW *** + + + + +Produced by Distributed Proofreaders + + + + + +</pre> + + +<div id="tp"> +<h1 class="title">The Principles of Masonic Law:</h1> + +<h2>A Treatise on the Constitutional Laws, Usages And Landmarks of +Freemasonry,</h2> + +<p class='byline'>By</p> + +<h2 class="author">Albert G. Mackey, M.D.,</h2> + +<h3>Author of<br /> + +"The Lexicon of Freemasonry," "The Mystic Tie,"<br /> "Legends and Traditions of +Freemasonry,"<br /> Etc., Etc.,</h3> + +<h4>Grand Lecturer and Grand Secretary of The Grand Lodge of South Carolina; +Secretary General of the Supreme Council of the Ancient and Accepted Rite +for the Southern Jurisdiction of the United States, Etc., Etc., Etc.</h4> + +<blockquote class="epi"><p> + "Est enim unum jus, quo devincta est hominum societas, quod lex + constituit una; quæ lex est recta ratio imperandi atque prohibendi, + quam qui ignorat is est injustus."</p> + +<p> Cicero de Legibus. c. XV.</p></blockquote> + +<h4>New York:<br /> +Jno. W. Leonard & Co., Masonic Publishers,<br /> +383 Broadway.</h4> + +<h5>1856.</h5> +</div> + +<div id="verso"> +<p>Entered, according to Act of Congress, in the year 1855, by Jno. W. +Leonard & Co.,</p> + +<p>In the Clerk's Office of the District Court of the United States for the +Southern District of New York.</p> +</div> + + +<div id="dedication"> +<h2>To</h2> + +<h3>Brother J.J.J. Gourgas,</h3> + +<p>Sovereign Grand Inspector General in the Supreme Council for the Northern +Jurisdiction of the United States,</p> + +<p>I Dedicate This Work,</p> + +<p>As a Slight Testimonial of My Friendship and Esteem for Him<br /> +As a Man,<br /> +And of My Profound Veneration for His Character<br /> +As a Mason;<br /> +Whose Long and Useful Life Has Been Well Spent in the<br /> +Laborious Prosecution of the Science,<br /> +And the Unremitting Conservation of the Principles of Our<br /> +Sublime Institution.</p> +</div> + +<div class="chapter" id="toc"> +<h2>Table of Contents</h2> + + + +<p><a href="#preface">Preface</a></p> +<p><a href="#intro">Introduction</a></p> + +<h3>Book First.<br /><a href="#b1">The Law of Grand Lodges.</a></h3> + +<ul> + <li>Chapter I. <a href="#b1-01">Historical Sketch.</a></li> + <li>Chapter II. <a href="#b1-02">Of the Mode of Organizing Grand Lodges.</a></li> + <li>Chapter III. <a href="#b1-03">Of the Members of a Grand Lodge.</a></li> + <li>Chapter IV. <a href="#b1-04">Of the Officers of a Grand Lodge.</a> + <ul> + <li>Section I. <a href="#b1-04-01"><i>Of the Grand Master.</i></a></li> + <li>Section II. <a href="#b1-04-02"><i>The Deputy Grand Master.</i></a></li> + <li>Section III. <a href="#b1-04-03"><i>Of the Grand Wardens.</i></a></li> + <li>Section IV. <a href="#b1-04-04"><i>Of the Grand Treasurer.</i></a></li> + <li>Section V. <a href="#b1-04-05"><i>Of the Grand Secretary.</i></a></li> + <li>Section VI. <a href="#b1-04-06"><i>Of the Grand Chaplain.</i></a></li> + <li>Section VII. <a href="#b1-04-07"><i>Of the Grand Deacons.</i></a></li> + <li>Section VIII. <a href="#b1-04-08"><i>Of the Grand Marshal.</i></a></li> + <li>Section IX. <a href="#b1-04-09"><i>Of the Grand Stewards.</i></a></li> + <li>Section X. <a href="#b1-04-10"><i>Of the Grand Sword-Bearer.</i></a></li> + <li>Section XI. <a href="#b1-04-11"><i>Of the Grand Tiler.</i></a></li> + </ul> + </li> + <li>Chapter V. <a href="#b1-05">Of the Powers and Prerogatives of a Grand Lodge.</a> + <ul> + <li>Section I. <a href="#b1-05-01"><i>General View.</i></a></li> + <li>Section II. <a href="#b1-05-02"><i>Of the Legislative Power of a Grand Lodge.</i></a></li> + <li>Section III. <a href="#b1-05-03"><i>Of the Judicial Power of a Grand Lodge.</i></a></li> + <li>Section IV. <a href="#b1-05-04"><i>Of the Executive Power of a Grand Lodge.</i></a></li> + </ul> + </li> +</ul> + +<h3>Book Second.<br /><a href="#b2">Laws of Subordinate Lodges.</a></h3> + +<ul> + <li>Chapter I. <a href="#b2-01">Of the Nature and Organization of Subordinate Lodges.</a></li> + <li>Chapter II. <a href="#b2-02">Of Lodges under Dispensation.</a></li> + <li>Chapter III. <a href="#b2-03">Of Lodges Working under a Warrant of Constitution.</a></li> + <li>Chapter IV. <a href="#b2-04">Of the Officers of a Subordinate Lodge.</a> + <ul> + <li>Section I. <a href="#b2-04-01"><i>Of the Officers in General.</i></a></li> + <li>Section II. <a href="#b2-04-02"><i>Of the Worshipful Master.</i></a></li> + <li>Section III. <a href="#b2-04-03"><i>Of the Wardens.</i></a></li> + <li>Section IV. <a href="#b2-04-04"><i>Of the Treasurer.</i></a></li> + <li>Section V. <a href="#b2-04-05"><i>Of the Secretary.</i></a></li> + <li>Section VI. <a href="#b2-04-06"><i>Of the Deacons.</i></a></li> + <li>Section VII. <a href="#b2-04-07"><i>Of the Stewards.</i></a></li> + <li>Section VIII. <a href="#b2-04-08"><i>Of the Tiler.</i></a></li> + </ul> + </li> + <li>Chapter V. <a href="#b2-05">Of Rules of Order.</a> + <ul> + <li>Section I. <a href="#b1-05-01"><i>Of the Order of Business.</i></a></li> + <li>Section II. <a href="#b1-05-02"><i>Of Appeals from the Decision of the Chair.</i></a></li> + <li>Section III. <a href="#b1-05-03"><i>Of the Mode of Taking the Question.</i></a></li> + <li>Section IV. <a href="#b1-05-04"><i>Of Adjournments.</i></a></li> + <li>Section V. <a href="#b2-05-05"><i>Of the Appointment of Committees.</i></a></li> + <li>Section VI. <a href="#b2-05-06"><i>Of the Mode of Keeping the Minutes.</i></a></li> + </ul> + </li> +</ul> + +<h3>Book Third.<br /><a href="#b3">The Law of Individuals.</a></h3> + +<ul> + <li>Chapter I. <a href="#b3-01">Of the Qualifications of Candidates.</a> + <ul> + <li>Section I. <a href="#b3-01-01"><i>Of the Moral Qualifications of Candidates.</i></a></li> + <li>Section II. <a href="#b3-01-02"><i>Of the Physical Qualifications of Candidates.</i></a></li> + <li>Section III. <a href="#b3-01-03"><i>Of the Intellectual Qualifications of Candidates.</i></a></li> + <li>Section IV. <a href="#b3-01-04"><i>Of the Political Qualifications of Candidates.</i></a></li> + <li>Section V. <a href="#b3-01-05"><i>Of the Petition of Candidates for Admission, and the Action Thereon.</i></a></li> + <li>Section VI. <a href="#b3-01-06"><i>Of Balloting for Candidates.</i></a></li> + <li>Section VII. <a href="#b3-01-07"><i>Of the Reconsideration of the Ballot.</i></a></li> + <li>Section VIII. <a href="#b3-01-08"><i>Of the Renewal of Applications by Rejected Candidates.</i></a></li> + <li>Section IX. <a href="#b3-01-09"><i>Of the Necessary Probation and Due Proficiency of Candidates before Advancement</i></a></li> + <li>Section X. <a href="#b3-01-10"><i>Of Balloting for Candidates in each Degree.</i></a></li> + <li>Section XI. <a href="#b3-01-11"><i>Of the Number to be Initiated at one Communication.</i></a></li> + <li>Section XII. <a href="#b3-01-12"><i>Of Finishing the Candidates of one Lodge in another.</i></a></li> + <li>Section XIII. <a href="#b3-01-12"><i>Of the Initiation of Non-residents.</i></a></li> + </ul> + </li> + <li>Chapter II. <a href="#b3-02">Of the Rights of Entered Apprentices.</a></li> + <li>Chapter III. <a href="#b3-03">Of the Rights of Fellow Crafts.</a></li> + <li>Chapter IV. <a href="#b3-04">Of the Rights of Master Masons.</a> + <ul> + <li>Section I. <a href="#b3-04-01"><i>Of the Right of Membership.</i></a></li> + <li>Section II. <a href="#b3-04-02"><i>Of the Right of Visit.</i></a></li> + <li>Section III. <a href="#b3-04-03"><i>Of the Examination of Visitors.</i></a></li> + <li>Section IV. <a href="#b3-04-04"><i>Of Vouching for a Brother.</i></a></li> + <li>Section V. <a href="#b3-04-05"><i>Of the Right of Claiming Relief.</i></a></li> + <li>Section VI. <a href="#b3-04-06"><i>Of the Right of Masonic Burial.</i></a></li> + </ul> + </li> + <li>Chapter V. <a href="#b3-05">Of the Rights of Past Masters.</a></li> + <li>Chapter VI. <a href="#b3-06">Of Affiliation.</a></li> + <li>Chapter VII. <a href="#b3-07">Of Demitting.</a></li> + <li>Chapter VIII. <a href="#b3-08">Of Unaffiliated Masons.</a></li> +</ul> + +<h3>Book Fourth.<br /><a href="#b3">Of Masonic Crimes and Punishments.</a></h3> + +<ul> + <li>Chapter I. <a href="#b4-01">Of What Are Masonic Crimes.</a></li> + <li>Chapter II. <a href="#b4-02">Of Masonic Punishments.</a> + <ul> + <li>Section I. <a href="#b4-02-01"><i>Of Censure.</i></a></li> + <li>Section II. <a href="#b4-02-02"><i>Of Reprimand.</i></a></li> + <li>Section III. <a href="#b4-02-03"><i>Of Exclusion from the Lodge.</i></a></li> + <li>Section IV. <a href="#b4-02-04"><i>Of Definite Suspension.</i></a></li> + <li>Section V. <a href="#b4-02-05"><i>Of Indefinite Suspension.</i></a></li> + <li>Section VI. <a href="#b4-02-06"><i>Of Expulsion.</i></a></li> + </ul> + </li> + <li>Chapter III. <a href="#b4-03">Of Masonic Trials.</a> + <ul> + <li>Section I. <a href="#b4-03-01"><i>Of the Form of Trial.</i></a></li> + <li>Section II. <a href="#b4-03-02"><i>Of the Evidence in Masonic Trials.</i></a></li> + </ul> + </li> + <li>Chapter IV. <a href="#b4-04">Of the Penal Jurisdiction of a Lodge.</a></li> + <li>Chapter V. <a href="#b4-05">Of Appeals.</a></li> + <li>Chapter VI. <a href="#b4-06">Of Restoration.</a></li> +</ul> + +<p><a href="#index">Index.</a></p> +<p><a href="#footnotes">Footnotes.</a></p> +</div> + + +<div class="chapter" id="preface"> +<h2>Preface.</h2> + + + +<p>In presenting to the fraternity a work on the Principles of Masonic Law, +it is due to those for whom it is intended, that something should be said +of the design with which it has been written, and of the plan on which it +has been composed. It is not pretended to present to the craft an +encyclopedia of jurisprudence, in which every question that can possibly +arise, in the transactions of a Lodge, is decided with an especial +reference to its particular circumstances. Were the accomplishment of such +an herculean task possible, except after years of intense and unremitting +labor, the unwieldy size of the book produced, and the heterogeneous +nature of its contents, so far from inviting, would rather tend to +distract attention, and the object of communicating a knowledge of the +Principles of Masonic Law, would be lost in the tedious collation of +precedents, arranged without scientific system, and enunciated without +explanation.</p> + +<p>When I first contemplated the composition of a work on this subject, a +distinguished friend and Brother, whose opinion I much respect, and with +whose advice I am always anxious to comply, unless for the most +satisfactory reasons, suggested the expediency of collecting the decisions +of all Grand Masters, Grand Lodges, and other masonic authorities upon +every subject of Masonic Law, and of presenting them, without commentary, +to the fraternity.</p> + +<p>But a brief examination of this method, led me to perceive that I would be +thus constructing simply a digest of decrees, many of which would probably +be the results of inexperience, of prejudice, or of erroneous views of the +masonic system, and from which the authors themselves have, in repeated +instances, subsequently receded—for Grand Masters and Grand Lodges, +although entitled to great respect, are not infallible—and I could not, +conscientiously, have consented to assist, without any qualifying remark, +in the extension and perpetuation of edicts and opinions, which, however +high the authority from which they emanated, I did not believe to be in +accordance with the principles of Masonic jurisprudence.</p> + +<p>Another inconvenience which would have attended the adoption of such a +method is, that the decisions of different Grand Lodges and Grand Masters +are sometimes entirely contradictory on the same points of Masonic Law. +The decree of one jurisdiction, on any particular question, will often be +found at variance with that of another, while a third will differ from +both. The consultor of a work, embracing within its pages such distracting +judgments, unexplained by commentary, would be in doubt as to which +decision he should adopt, so that coming to the inspection with the desire +of solving a legal question, he would be constrained to close the volume, +in utter despair of extracting truth or information from so confused a +mass of contradictions.</p> + +<p>This plan I therefore at once abandoned. But knowing that the +jurisprudence of Masonry is founded, like all legal science, on abstract +principles, which govern and control its entire system, I deemed it to be +a better course to present these principles to my readers in an elementary +and methodical treatise, and to develop from them those necessary +deductions which reason and common sense would justify.</p> + +<p>Hence it is that I have presumed to call this work "The Principles of +Masonic Law." It is not a code of enactments, nor a collection of +statutes, nor yet a digest of opinions; but simply an elementary treatise, +intended to enable every one who consults it, with competent judgment, and +ordinary intelligence, to trace for himself the bearings of the law upon +any question which he seeks to investigate, and to form, for himself, a +correct opinion upon the merits of any particular case.</p> + +<p>Blackstone, whose method of teaching I have endeavored, although I confess +"ab longo inter-vallo," to pursue, in speaking of what an academical +expounder of the law should do, says:</p> + +<p>"He should consider his course as a general map of the law, marking out +the shape of the country, its connections, and boundaries, its greater +divisions, and principal cities; it is not his business to describe +minutely the subordinate limits, or to fix the longitude and latitude of +every inconsiderable hamlet."</p> + +<p>Such has been the rule that has governed me in the compilation of this +work. But in delineating this "general map" of the Masonic Law, I have +sought, if I may continue the metaphor, so to define boundaries, and to +describe countries, as to give the inspector no difficulty in "locating" +(to use an Americanism) any subordinate point. I have treated, it is true, +of principles, but I have not altogether lost sight of cases.</p> + +<p>There are certain fundamental laws of the Institution, concerning which +there never has been any dispute, and which have come down to us with all +the sanctions of antiquity, and universal acceptation. In announcing +these, I have not always thought it necessary to defend their justice, or +to assign a reason for their enactment.</p> + +<p>The weight of unanimous authority has, in these instances, been deemed +sufficient to entitle them to respect, and to obedience.</p> + +<p>But on all other questions, where authority is divided, or where doubts of +the correctness of my decision might arise, I have endeavored, by a course +of argument as satisfactory as I could command, to assign a reason for my +opinions, and to defend and enforce my views, by a reference to the +general principles of jurisprudence, and the peculiar character of the +masonic system. I ask, and should receive no deference to my own +unsupported theories—as a man, I am, of course, fallible—and may often +have decided erroneously. But I do claim for my arguments all the weight +and influence of which they may be deemed worthy, after an attentive and +unprejudiced examination. To those who may at first be ready—because I do +not agree with all their preconceived opinions—to doubt or deny my +conclusions, I would say, in the language of Themistocles, "Strike, but +hear me."</p> + +<p>Whatever may be the verdict passed upon my labors by my Brethren, I trust +that some clemency will be extended to the errors into which I may have +fallen, for the sake of the object which I have had in view: that, namely, +of presenting to the Craft an elementary work, that might enable every +Mason to know his rights, and to learn his duties.</p> + +<p>The intention was, undoubtedly, a good one. How it has been executed, it +is not for me, but for the masonic public to determine.</p> + +<p>Albert G. Mackey.</p> + +<p>Charleston, S.C., January 1st., 1856.</p> +</div> + + +<div class="chapter" id="intro"> +<h2>Introduction.</h2> + +<h3>The Authorities for Masonic Law.</h3> + + + +<p>The laws which govern the institution of Freemasonry are of two kinds, +<i>unwritten</i> and <i>written,</i> and may in a manner be compared with the "lex +non scripta," or common law, and the "lex seripta," or statute law of +English and American jurists.</p> + +<p>The "lex non scripta," or <i>unwritten law</i> of Freemasonry is derived from +the traditions, usages and customs of the fraternity as they have existed +from the remotest antiquity, and as they are universally admitted by the +general consent of the members of the Order. In fact, we may apply to +these unwritten laws of Masonry the definition given by Blackstone of the +"leges non scriptæ" of the English constitution—that "their original +institution and authority are not set down in writing, as acts of +parliament are, but they receive their binding power, and the force of +laws, by long and immemorial usage and by their universal reception +throughout the kingdom." When, in the course of this work, I refer to +these unwritten laws as authority upon any point, I shall do so under the +appropriate designation of "ancient usage."</p> + +<p>The "lex scripta," or written law of Masonry, is derived from a variety of +sources, and was framed at different periods. The following documents I +deem of sufficient authority to substantiate any principle, or to +determine any disputed question in masonic law.</p> + +<p>1. The "Ancient Masonic charges, from a manuscript of the Lodge of +Antiquity," and said to have been written in the reign of James II.<sup><a href="#fn1">1</a></sup></p> + +<p>2. The regulations adopted at the General Assembly held in 1663, of which +the Earl of St. Albans was Grand Master.<sup><a href="#fn2">2</a></sup></p> + +<p>3. The interrogatories propounded to the Master of a lodge at the time of +his installation, and which, from their universal adoption, without +alteration, by the whole fraternity, are undoubtedly to be considered as +a part of the fundamental law of Masonry.</p> + +<p>4. "The Charges of a Freemason, extracted from the Ancient Records of +Lodges beyond sea, and of those in England, Scotland, and Ireland, for the +use of the Lodges in London," printed in the first edition of the Book of +Constitutions, and to be found from p. 49 to p. 56 of that work.<sup><a href="#fn3">3</a></sup></p> + +<p>5. The thirty-nine "General Regulations," adopted "at the annual assembly +and feast held at Stationers' hall on St. John the Baptist's day, 1721," +and which were published in the first edition of the Book of +Constitutions, p. 58 to p.</p> + +<p>6. The subsequent regulations adopted at various annual communications by +the Grand Lodge of England, up to the year 1769, and published in +different editions of the Book of Constitutions. These, although not of +such paramount importance and universal acceptation as the Old Charges +and the Thirty-nine Regulations, are, nevertheless, of great value as the +means of settling many disputed questions, by showing what was the law and +usage of the fraternity at the times in which they were adopted.</p> + +<p>Soon after the publication of the edition of 1769 of the Book of +Constitutions, the Grand Lodges of America began to separate from their +English parent and to organize independent jurisdictions. From that +period, the regulations adopted by the Grand Lodge of England ceased to +have any binding efficacy over the craft in this country, while the laws +passed by the American Grand Lodges lost the character of general +regulations, and were invested only with local authority in their several +jurisdictions.</p> + +<p>Before concluding this introductory section, it may be deemed necessary +that something should be said of the "Ancient Landmarks of the Order," to +which reference is so often made.</p> + +<p>Various definitions have been given of the landmarks. Some suppose them to +be constituted of all the rules and regulations which were in existence +anterior to the revival of Masonry in 1717, and which were confirmed and +adopted by the Grand Lodge of England at that time. Others, more +stringent in their definition, restrict them to the modes of recognition +in use among the fraternity. I am disposed to adopt a middle course, and +to define the Landmarks of Masonry to be, all those usages and customs of +the craft—whether ritual or legislative—whether they relate to forms and +ceremonies, or to the organization of the society—which have existed from +time immemorial, and the alteration or abolition of which would materially +affect the distinctive character of the institution or destroy its +identity. Thus, for example, among the legislative landmarks, I would +enumerate the office of Grand Master as the presiding officer over the +craft, and among the ritual landmarks, the legend of the third degree. But +the laws, enacted from time to time by Grand Lodges for their local +government, no matter how old they may be, do not constitute landmarks, +and may, at any time, be altered or expunged, since the 39th regulation +declares expressly that "every annual Grand Lodge has an inherent power +and authority to make new regulations or to alter these (viz., the +thirty-nine articles) for the real benefit of this ancient fraternity, +provided always that the old landmarks be carefully preserved."</p> +</div> + + + +<div class="book" id="b1"> +<h2>Book First</h2> + +<h3>The Law of Grand Lodges.</h3> + + + +<p>It is proposed in this Book, first to present the reader with a brief +historical sketch of the rise and progress of the system of Grand Lodges; +and then to explain, in the subsequent sections, the mode in which such +bodies are originally organized, who constitute their officers and +members, and what are their acknowledged prerogatives.</p> + + + +<div class="chapter" id="b1-01"> +<h3>Chapter I.</h3> + +<h4>Historical Sketch.</h4> + + +<p>Grand Lodges under their present organization, are, in respect to the +antiquity of the Order, of a comparatively modern date. We hear of no such +bodies in the earlier ages of the institution. Tradition informs us, that +originally it was governed by the despotic authority of a few chiefs. At +the building of the temple, we have reason to believe that King Solomon +exercised an unlimited and irresponsible control over the craft, although +a tradition (not, however, of undoubted authority) says that he was +assisted in his government by the counsel of twelve superintendants, +selected from the twelve tribes of Israel. But we know too little, from +authentic materials, of the precise system adopted at that remote period, +to enable us to make any historical deductions on the subject.</p> + +<p>The first historical notice that we have of the formation of a supreme +controlling body of the fraternity, is in the "Gothic Constitutions"<sup><a href="#fn4">4</a></sup> +which assert that, in the year 287, St. Alban, the protomartyr of England, +who was a zealous patron of the craft, obtained from Carausius, the +British Emperor, "a charter for the Masons to hold a general council, and +gave it the name of assembly." The record further states, that St. Alban +attended the meeting and assisted in making Masons, giving them "good +charges and regulations." We know not, however, whether this assembly ever +met again; and if it did, for how many years it continued to exist. The +subsequent history of Freemasonry is entirely silent on the subject.</p> + +<p>The next general assemblage of the craft, of which the records of +Freemasonry inform us, was that convened in 926, at the city of York, in +England, by Prince Edwin, the brother of King Athelstane, and the grandson +of Alfred the Great. This, we say, was the next general assemblage, +because the Ashmole manuscript, which was destroyed at the revival of +Freemasonry in 1717, is said to have stated that, at that time, the Prince +obtained from his brother, the king, a permission for the craft "to hold a +yearly communication and a general assembly." The fact that such a power +of meeting was then granted, is conclusive that it did not before exist: +and would seem to prove that the assemblies of the craft, authorised by +the charter of Carausius, had long since ceased to be held. This yearly +communication did not, however, constitute, at least in the sense we now +understand it, a Grand Lodge. The name given to it was that of the +"General Assembly of Masons." It was not restricted, as now, to the +Masters and Wardens of the subordinate lodges, acting in the capacity of +delegates or representatives, but was composed, as Preston has observed, +of as many of the fraternity at large as, being within a convenient +distance, could attend once or twice a year, under the auspices of one +general head, who was elected and installed at one of these meetings, and +who, for the time being, received homage as the governor of the whole +body. Any Brethren who were competent to discharge the duty, were allowed, +by the regulations of the Order, to open and hold lodges at their +discretion, at such times and places as were most convenient to them, and +without the necessity of what we now call a Warrant of Constitution, and +then and there to initiate members into the Order.<sup><a href="#fn5">5</a></sup> To the General +Assembly, however, all the craft, without distinction, were permitted to +repair; each Mason present was entitled to take part in the deliberations, +and the rules and regulations enacted were the result of the votes of the +whole body. The General Assembly was, in fact, precisely similar to those +political congregations which, in our modern phraseology, we term "mass +meetings."</p> + +<p>These annual mass meetings or General Assemblies continued to be held, for +many centuries after their first establishment, at the city of York, and +were, during all that period, the supreme judicatory of the fraternity. +There are frequent references to the annual assemblies of Freemasons in +public documents. The preamble to an act passed in 1425, during the reign +of Henry VI., just five centuries after the meeting at York, states that, +"by the <i>yearly congregations</i> and confederacies made by the Masons in +their <i>general assemblies, </i> the good course and effect of the statute of +laborers were openly violated and broken." This act which forbade such +meetings, was, however, never put in force; for an old record, quoted in +the Book of Constitutions, speaks of the Brotherhood having frequented +this "mutual assembly," in 1434, in the reign of the same king. We have +another record of the General Assembly, which was held in York on the 27th +December, 1561, when Queen Elizabeth, who was suspicious of their secrecy, +sent an armed force to dissolve the meeting. A copy is still preserved of +the regulations which were adopted by a similar assembly held in 1663, on +the festival of St. John the Evangelist; and in these regulations it is +declared that the private lodges shall give an account of all their +acceptations made during the year to the General Assembly. Another +regulation, however, adopted at the same time, still more explicitly +acknowledges the existence of a General Assembly as the governing body of +the fraternity. It is there provided, "that for the future, the said +fraternity of Freemasons shall be regulated and governed by one Grand +Master and as many Wardens as the said society shall think fit to appoint +at every Annual General Assembly."</p> + +<p>And thus the interests of the institution continued, until the beginning +of the eighteenth century, or for nearly eight hundred years, to be +entrusted to those General Assemblies of the fraternity, who, without +distinction of rank or office, annually met at York to legislate for the +government of the craft.</p> + +<p>But in 1717, a new organization of the governing head was adopted, which +gave birth to the establishment of a Grand Lodge, in the form in which +these bodies now exist. So important a period in the history of Masonry +demands our special attention.</p> + +<p>After the death, in 1702, of King William, who was himself a Mason, and a +great patron of the craft, the institution began to languish, the lodges +decreased in number, and the General Assembly was entirely neglected for +many years. A few old lodges continued, it is true, to meet regularly, but +they consisted of only a few members.</p> + +<p>At length, on the accession of George I., the Masons of London and its +vicinity determined to revive the annual communications of the society. +There were at that time only four lodges in the south of England, and the +members of these, with several old Brethren, met in February, 1717, at the +Apple Tree Tavern, in Charles street, Covent Garden, and organized by +putting the oldest Master Mason, who was the Master of a lodge, in the +chair; they then constituted themselves into what Anderson calls, "a Grand +Lodge <i>pro tempore;"</i> resolved to hold the annual assembly and feast, and +then to choose a Grand Master.</p> + +<p>Accordingly, on the 24th of June, 1717, the assembly and feast were held; +and the oldest Master of a lodge being in the chair, a list of candidates +was presented, out of which Mr. Anthony Sayer was elected Grand Master, +and Capt. Joseph Elliott and Mr. Jacob Lamball, Grand Wardens.</p> + +<p>The Grand Master then commanded the Masters and Wardens of lodges to meet +the Grand Officers every quarter, in communication, at the place he should +appoint in his summons sent by the Tiler.</p> + +<p>This was, then, undoubtedly, the commencement of that organization of the +Masters and Wardens of lodges into a Grand Lodge, which has ever since +continued to exist.</p> + +<p>The fraternity at large, however, still continued to claim the right of +being present at the annual assembly; and, in fact, at that meeting, their +punctual attendance at the next annual assembly and feast was recommended.</p> + +<p>At the same meeting, it was resolved "that the privilege of assembling as +Masons, which had been hitherto unlimited, should be vested in certain +lodges or assemblies of Masons convened in certain places; and that every +lodge to be hereafter convened, except the four old lodges at this time +existing, should be legally authorized to act by a warrant from the Grand +Master for the time being, granted to certain individuals by petition, +with the consent and approbation of the Grand Lodge in communication; and +that, without such warrant, no lodge should be hereafter deemed regular or +constitutional."</p> + +<p>In consequence of this regulation, several new lodges received Warrants of +Constitution, and their Masters and Wardens were ordered to attend the +communications of the Grand Lodge. The Brethren at large vested all their +privileges in the four old lodges, in trust that they would never suffer +the old charges and landmarks to be infringed; and the old lodges, in +return, agreed that the Masters and Wardens of every new lodge that might +be constituted, should be permitted to share with them all the privileges +of the Grand Lodge, except precedence of rank. The Brethren, says Preston, +considered their further attendance at the meetings of the society +unnecessary after these regulations were adopted; and therefore trusted +implicitly to their Masters and Wardens for the government of the craft; +and thenceforward the Grand Lodge has been composed of all the Masters and +Wardens of the subordinate lodges which constitute the jurisdiction.</p> + +<p>The ancient right of the craft, however, to take a part in the proceedings +of the Grand Lodge or Annual Assembly, was fully acknowledged by a new +regulation, adopted about the same time, in which it is declared that all +alterations of the Constitutions must be proposed and agreed to, at the +third quarterly communication preceding the annual feast, and be offered +also to the perusal of <i>all</i> the Brethren before dinner, <i>even of the +youngest Entered Apprentice</i><sup><a href="#fn6">6</a></sup></p> + +<p>This regulation has, however, (I know not by what right,) become obsolete, +and the Annual Assembly of Masons has long ceased to be held; the Grand +Lodges having, since the beginning of the eighteenth century, assumed the +form and organization which they still preserve, as strictly +representative bodies.</p> +</div> + + +<div class="chapter" id="b1-02"> +<h3>Chapter II.</h3> + +<h4>Of the Mode of Organizing Grand Lodges.</h4> + + + +<p>The topic to be discussed in this section is, the answer to the question, +How shall a Grand Lodge be established in any state or country where such +a body has not previously existed, but where there are subordinate lodges +working under Warrants derived from Grand Lodges in other states? In +answering this question, it seems proper that I should advert to the +course pursued by the original Grand Lodge of England, at its +establishment in 1717, as from that body nearly all the Grand Lodges of +the York rite now in existence derive their authority, either directly or +indirectly, and the mode of its organization has, therefore, universally +been admitted to have been regular and legitimate.</p> + +<p>In the first place, it is essentially requisite that the active existence +of subordinate lodges in a state should precede the formation of a Grand +Lodge; for the former are the only legitimate sources of the latter. A +mass meeting of Masons cannot assemble and organize a Grand Lodge. A +certain number of lodges, holding legal warrants from a Grand Lodge or +from different Grand Lodges, must meet by their representatives and +proceed to the formation of a Grand Lodge. When that process has been +accomplished, the subordinate lodges return the warrants, under which they +had theretofore worked, to the Grand Lodges from which they had originally +received them, and take new ones from the body which they have formed.</p> + +<p>That a mass meeting of the fraternity of any state is incompetent to +organize a Grand Lodge has been definitively settled—not only by general +usage, but by the express action of the Grand Lodges of the United States +which refused to recognize, in 1842, the Grand Lodge of Michigan which had +been thus irregularly established in the preceding year. That unrecognized +body was then dissolved by the Brethren of Michigan, who proceeded to +establish four subordinate lodges under Warrants granted by the Grand +Lodge of New York. These four lodges subsequently met in convention and +organized the present Grand Lodge of Michigan in a regular manner.</p> + +<p>It seems, however, to have been settled in the case of Vermont, that where +a Grand Lodge has been dormant for many years, and all of its subordinates +extinct, yet if any of the Grand Officers, last elected, survive and are +present, they may revive the Grand Lodge and proceed constitutionally to +the exercise of its prerogatives.</p> + +<p>The next inquiry is, as to the number of lodges required to organize a new +Grand Lodge. Dalcho says that <i>five</i> lodges are necessary; and in this +opinion he is supported by the Ahiman Rezon of Pennsylvania, published in +1783 by William Smith, D.D., at that time the Grand Secretary of that +jurisdiction, and also by some other authorities. But no such regulation +is to be found in the Book of Constitutions, which is now admitted to +contain the fundamental law of the institution. Indeed, its adoption would +have been a condemnation of the legality of the Mother Grand Lodge of +England, which was formed in 1717 by the union of only <i>four</i> lodges. The +rule, however, is to be found in the Ahiman Rezon of Laurence Dermott, +which was adopted by the "Grand Lodge of Ancient Freemasons," that seceded +from the lawful Grand Lodge in 1738. But as that body was undoubtedly, +under our present views of masonic law, schismatic and illegal, its +regulations have never been considered by masonic writers as being +possessed of any authority.</p> + +<p>In the absence of any written law upon the subject, we are compelled to +look to precedent for authority; and, although the Grand Lodges in the +United States have seldom been established with a representation of less +than four lodges, the fact that that of Texas was organized in 1837 by the +representatives of only <i>three</i> lodges, and that the Grand Lodge thus +instituted was at once recognized as legal and regular by all its sister +Grand Lodges, seems to settle the question that three subordinates are +sufficient to institute a Grand Lodge.</p> + +<p>Three lodges, therefore, in any territory where a Grand Lodge does not +already exist, may unite in convention and organize a Grand Lodge. It will +then be necessary, that these lodges should surrender the warrants under +which they had been previously working, and take out new warrants from the +Grand Lodge which they have constituted; and, from that time forth, all +masonic authority is vested in the Grand Lodge thus formed.</p> + +<p>The Grand Lodge having been thus constituted, the next inquiries that +suggest themselves are as to its members and its officers, each of which +questions will occupy a distinct discussion.</p> +</div> + + +<div class="chapter" id="b1-03"> +<h3>Chapter III.</h3> + +<h4>Of the Members of a Grand Lodge.</h4> + + + +<p>It is an indisputable fact that the "General Assembly" which met at York +in 926 was composed of all the members of the fraternity who chose to +repair to it; and it is equally certain that, at the first Grand Lodge, +held in 1717, after the revival of Masonry, all the craft who were present +exercised the right of membership in voting for Grand Officers,<sup><a href="#fn7">7</a></sup> and +must, therefore, have been considered members of the Grand Lodge. The +right does not, however, appear to have been afterwards claimed. At this +very assembly, the Grand Master who had been elected, summoned only the +Master and Wardens of the lodges to meet him in the quarterly +communications; and Preston distinctly states, that soon after, the +Brethren of the four old lodges, which had constituted the Grand Lodge, +considered their attendance on the future communications of the society +unnecessary, and therefore concurred with the lodges which had been +subsequently warranted in delegating the power of representation to their +Masters and Wardens, "resting satisfied that no measure of importance +would be adopted without their approbation."</p> + +<p>Any doubts upon the subject were, however, soon put at rest by the +enactment of a positive law. In 1721, thirty-nine articles for the future +government of the craft were approved and confirmed, the twelfth of which +was in the following words:</p> + +<p>"The Grand Lodge consists of, and is formed by, the Masters and Wardens of +all the regular particular lodges upon record, with the Grand Master at +their head, and his Deputy on his left hand, and the Grand Wardens in +their proper places."</p> + +<p>From time to time, the number of these constituents of a Grand Lodge were +increased by the extension of the qualifications for membership. Thus, in +1724, Past Grand Masters, and in 1725, Past Deputy Grand Masters, were +admitted as members of the Grand Lodge. Finally it was decreed that the +Grand Lodge should consist of the four present and all past grand +officers; the Grand Treasurer, Secretary, and Sword-Bearer; the Master, +Wardens, and nine assistants of the Grand Stewards' lodge, and the Masters +and Wardens of all the regular lodges.</p> + +<p>Past Masters were not at first admitted as members of the Grand Lodge. +There is no recognition of them in the old Constitutions. Walworth thinks +it must have been after 1772 that they were introduced.<sup><a href="#fn8">8</a></sup> I have extended +my researches to some years beyond that period, without any success in +finding their recognition as members under the Constitution of England. It +is true that, in 1772, Dermott prefixed a note to his edition of the +Ahiman Rezon, in which he asserts that "Past Masters of warranted lodges +on record are allowed this privilege (of membership) whilst they continue +to be members of any regular lodge." And it is, doubtless, on this +imperfect authority, that the Grand Lodges of America began at so early a +period to admit their Past Masters to seats in the Grand Lodge. In the +authorized Book of Constitutions, we find no such provision. Indeed, +Preston records that in 1808, at the laying of the foundation-stone of the +Covent Garden Theatre, by the Prince of Wales, as Grand Master, "the Grand +Lodge was opened by Charles Marsh, Esq., attended by the <i>Masters and +Wardens</i> of all the regular lodges;" and, throughout the description of +the ceremonies, no notice is taken of Past Masters as forming any part of +the Grand Lodge. The first notice that we have been enabled to obtain of +Past Masters, as forming any part of the Grand Lodge of England, is in the +"Articles of Union between the two Grand Lodges of England," adopted in +1813, which declare that the Grand Lodge shall consist of the Grand and +Past Grand Officers, of the actual Masters and Wardens of all the +warranted lodges, and of the "Past Masters of Lodges who have regularly +served and passed the chair before the day of Union, and who continued, +without secession, regular contributing members of a warranted lodge." But +it is provided, that after the decease of all these ancient Past Masters, +the representation of every lodge shall consist of its Master and Wardens, +and one Past Master only. There is, I presume, no doubt that, from 1772, +Past Masters had held a seat in the Athol Grand Lodge of Ancient Masons, +and that they did not in the original Grand Lodge, is, I believe, a fact +equally indisputable. By the present constitutions of the United Grand +Lodge of England, Past Masters are members of the Grand Lodge, while they +continue subscribing members of a private lodge. In some of the Grand +Lodges of the United States, Past Masters have been permitted to retain +their membership, while in others, they have been disfranchised.</p> + +<p>On the whole, the result of this inquiry seems to be, that Past Masters +have no inherent right, derived from the ancient landmarks, to a seat in +the Grand Lodge; but as every Grand Lodge has the power, within certain +limits, to make regulations for its own government, it may or may not +admit them to membership, according to its own notion of expediency.</p> + +<p>Some of the Grand Lodges have not only disfranchised Past Masters but +Wardens also, and restricted membership only to acting Masters. This +innovation has arisen from the fact that the payment of mileage and +expenses to three representative would entail a heavy burden on the +revenue of the Grand Lodge. The reason may have been imperative; but in +the practice, pecuniary expediency has been made to override an ancient +usage.</p> + +<p>In determining, then, who are the constitutional members of a Grand Lodge, +deriving their membership from inherent right, I should say that they are +the Masters and Wardens of all regular lodges in the jurisdiction, with +the Grand Officers chosen by them. All others, who by local regulations +are made members, are so only by courtesy, and not by prescription or +ancient law.</p> +</div> + + +<div class="chapter" id="b1-04"> +<h3>Chapter IV.</h3> + +<h4>Of the Officers of a Grand Lodge.</h4> + + + +<p>The officers of a Grand Lodge may be divided into two classes, <i>essential</i> +and <i>accidental</i>, or, as they are more usually called, <i>Grand</i> and +<i>Subordinate</i>. The former of these classes are, as the name imports, +essential to the composition of a Grand Lodge, and are to be found in +every jurisdiction, having existed from the earliest times. They are the +Grand and Deputy Grand Masters, the Grand Wardens, Grand Treasurer, and +Grand Secretary. The Grand Chaplain is also enumerated among the Grand +Officers, but the office is of comparatively modern date.</p> + +<p>The subordinate officers of a Grand Lodge consist of the Deacons, Marshal, +Pursuivant, or Sword-Bearer, Stewards, and others, whose titles and duties +vary in different jurisdictions. I shall devote a separate section to the +consideration of the duties of each and prerogatives of these officers.</p> + + +<div class="sec" id="b1-04-01"> +<h3>Section I.</h3> + +<h5><i>Of the Grand Master.</i></h5> + + +<p>The office of Grand Master of Masons has existed from the very origin of +the institution; for it has always been necessary that the fraternity +should have a presiding head. There have been periods in the history of +the institution when neither Deputies nor Grand Wardens are mentioned, but +there is no time in its existence when it was without a Grand Master; and +hence Preston, while speaking of that remote era in which the fraternity +was governed by a General Assembly, says that this General Assembly or +Grand Lodge "was not then restricted, as it is now understood to be, to +the Masters and Wardens of private lodges, with the Grand Master and his +Wardens at their head; it consisted of as many of the Fraternity <i>at +large</i> as, being within a convenient distance, could attend, once or twice +in a year, under the auspices of one general head, who was elected and +installed at one of these meetings; and who for the time being received +homage as the sole governor of the whole body."<sup><a href="#fn9">9</a></sup> The office is one of +great honour as well as power, and has generally been conferred upon some +individual distinguished by an influential position in society; so that +his rank and character might reflect credit upon the craft.<sup><a href="#fn10">10</a></sup></p> + +<p>The Grand Mastership is an elective office, the election being annual and +accompanied with impressive ceremonies of proclamation and homage made to +him by the whole craft. Uniform usage, as well as the explicit declaration +of the General Regulations,<sup><a href="#fn11">11</a></sup> seems to require that he should be +installed by the last Grand Master. But in his absence the Deputy or some +Past Grand Master may exercise the functions of installation or +investiture. In the organization of a new Grand Lodge, ancient precedent +and the necessity of the thing will authorize the performance of the +installation by the Master of the oldest lodge present, who, however, +exercises, <i>pro hac vice</i>, the prerogatives and assumes the place of a +Grand Master.</p> + +<p>The Grand Master possesses a great variety of prerogatives, some of which +are derived from the "lex non scripta," or ancient usage; and others from +the written or statute law of Masonry.<sup><a href="#fn12">12</a></sup></p> + +<p>I. He has the right to convene the Grand Lodge whenever he pleases, and to +preside over its deliberation. In the decision of all questions by the +Grand Lodge he is entitled to two votes. This is a privilege secured to +him by Article XII. of the General Regulations.</p> + +<p>It seems now to be settled, by ancient usage as well as the expressed +opinion of the generality of Grand Lodges and of masonic writers, that +there is no appeal from his decision. In June, 1849, the Grand Master of +New York, Bro. Williard, declared an appeal to be out of order and refused +to submit it to the Grand Lodge. The proceedings on that eventful occasion +have been freely discussed by the Grand Lodges of the United States, and +none of them have condemned the act of the Grand Master, while several +have sustained it in express terms. "An appeal," say the Committee of +Correspondence of Maryland, "from the decision of the Grand Master is an +anomaly at war with every principle of Freemasonry, and as such, not for +a moment to be tolerated or countenanced."<sup><a href="#fn13">13</a></sup> This opinion is also +sustained by the Committee of the Grand Lodge of Florida in the year 1851, +and at various times by other Grand Lodges. On the other hand, several +Grand Lodges have made decisions adverse to this prerogative, and the +present regulations of the Grand Lodge of England seem, by a fair +interpretation of their phraseology, to admit of an appeal from the Grand +Master. Still the general opinion of the craft in this country appears to +sustain the doctrine, that no appeal can be made from the decision of that +officer. And this doctrine has derived much support in the way of analogy +from the report adopted by the General Grand Chapter of the United States, +declaring that no appeal could lie from the decision of the presiding +officer of any Royal Arch body.</p> + +<p>Since we have enunciated this doctrine as masonic law, the question next +arises, in what manner shall the Grand Master be punished, should he abuse +his great prerogative? The answer to this question admits of no doubt. It +is to be found in a regulation, adopted in 1721, by the Grand Lodge of +England, and is in these words:—"If the Grand Master should abuse his +great power, and render himself unworthy of the obedience and submission +of the Lodges, he shall be treated in a way and manner to be agreed upon +in a new regulation." But the same series of regulations very explicitly +prescribe, how this new regulation is to be made; namely, it is to be +"proposed and agreed to at the third quarterly communication preceding the +annual Grand Feast, and offered to the perusal of all the Brethren before +dinner, in writing, even of the youngest entered apprentice; the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory."<sup><a href="#fn14">14</a></sup> This +mode of making a new regulation is explicitly and positively +prescribed—it can be done in no other way—and those who accept the old +regulations as the law of Masonry, must accept this provision with them. +This will, in the present organization of many Grand Lodges, render it +almost impracticable to make such a new regulation, in which case the +Grand Master must remain exempt from other punishment for his misdeeds, +than that which arises from his own conscience, and the loss of his +Brethren's regard and esteem.</p> + +<p>II. The power of granting dispensations is one of the most important +prerogatives of the Grand Master. A dispensation may be defined to be an +exemption from the observance of some law or the performance of some duty. +In Masonry, no one has the authority to grant this exemption, except the +Grand Master; and, although the exercise of it is limited within the +observance of the ancient landmarks, the operation of the prerogative is +still very extensive. The dispensing power may be exercised under the +following circumstances:</p> + +<p>1. The fourth old Regulation prescribes that "no lodge shall make more +than five new Brothers at one and the same time without an urgent +necessity."<sup><a href="#fn15">15</a></sup> But of this necessity the Grand Master may judge, and, on +good and sufficient reason being shown, he may grant a dispensation +enabling any lodge to suspend this regulation and make more than five new +Brothers.</p> + +<p>2. The next regulation prescribes "that no one can be accepted a member of +a particular lodge without previous notice, one month before given to the +lodge, in order to make due inquiry into the reputation and capacity of +the candidate." But here, also, it is held that, in a suitable case of +emergency, the Grand Master may exercise his prerogative and dispense with +this probation of one month, permitting the candidate to be made on the +night of his application.</p> + +<p>3. If a lodge should have omitted for any causes to elect its officers or +any of them on the constitutional night of election, or if any officer so +elected shall have died, been deposed or removed from the jurisdiction +subsequent to his election, the Grand Master may issue a dispensation +empowering the lodge to proceed to an election or to fill the vacancy at +any other specified communication; but he cannot grant a dispensation to +elect a new master in consequence of the death or removal of the old one, +while the two Wardens or either of them remain—because the Wardens +succeed by inherent right and in order of seniority to the vacant +mastership. And, indeed, it is held that while one of the three officers +remains, no election can be held, even by dispensation, to fill the other +two places, though vacancies in them may have occurred by death or +removal.</p> + +<p>4. The Grand Master may grant a dispensation empowering a lodge to elect +a Master from among the members on the floor; but this must be done only +when every Past Master, Warden, and Past Warden of the lodge has refused +to serve,<sup><a href="#fn16">16</a></sup> because ordinarily a requisite qualification for the +Mastership is, that the candidate shall, previously, have served in the +office of Warden.</p> + +<p>5. In the year 1723 a regulation was adopted, prescribing "that no Brother +should belong to more than one lodge within the bills of mortality." +Interpreting the last expression to mean three miles—which is now +supposed to be the geographical limit of a lodge's jurisdiction, this +regulation may still be considered as a part of the law of Masonry; but in +some Grand Lodges, as that of South Carolina, for instance, the Grand +Master will sometimes exercise his prerogative, and, dispensing with this +regulation, permit a Brother to belong to two lodges, although they may be +within three miles of each other.</p> + +<p>6. But the most important power of the Grand Master connected with his +dispensing prerogative is, that of constituting new lodges. It has +already been remarked that, anciently, a warrant was not required for the +formation of a lodge, but that a sufficient number of Masons, met together +within a certain limit, were empowered, with the consent of the sheriff or +chief magistrate of the place, to make Masons and practice the rites of +Masonry, without such warrant of Constitution. But, in the year 1717, it +was adopted as a regulation, that every lodge, to be thereafter convened, +should be authorised to act by a warrant from the Grand Master for the +time being, granted to certain persons by petition, with the consent and +approbation of the Grand Lodge in communication. Ever since that time, no +lodge has been considered as legally established, unless it has been +constituted by the authority of the Grand Master. In the English +Constitutions, the instrument thus empowering a lodge to meet, is called, +when granted by the Grand Master, a Warrant of Constitution. It is granted +by the Grand Master and not by the Grand Lodge. It appears to be a final +instrument, notwithstanding the provision enacted in 1717, requiring the +consent and approbation of the Grand Lodge; for in the Constitution of the +United Grand Lodge of England, there is no allusion whatever to this +consent and approbation.</p> + +<p>But in this country, the process is somewhat different, and the Grand +Master is deprived of a portion of his prerogative. Here, the instrument +granted by the Grand Master is called a Dispensation. The lodge receiving +it is not admitted into the register of lodges, nor is it considered as +possessing any of the rights and privileges of a lodge, except that of +making Masons, until a Warrant of Constitution is granted by the Grand +Lodge. The ancient prerogative of the Grand Master is, however, preserved +in the fact, that after a lodge has been thus warranted by the Grand +Lodge, the ceremony of constituting it, which embraces its consecration +and the installation of its officers, can only be performed by the Grand +Master in person, or by his special Deputy appointed for that purpose.<sup><a href="#fn17">17</a></sup></p> + +<p>III. The third prerogative of the Grand Master is that of visitation. He +has a right to visit any lodge within his jurisdiction at such times as he +pleases, and when there to preside; and it is the duty of the Master to +offer him the chair and his gavel, which the Grand Master may decline or +accept at his pleasure. This prerogative admits of no question, as it is +distinctly declared in the first of the Thirty-nine Regulations, adopted +in 1721, in the following words:—</p> + +<p>"The Grand Master or Deputy has full authority and right, not only to be +present, but to preside in every lodge, with the Master of the lodge on +his left hand, and to order his Grand Wardens to attend him, who are not +to act as Wardens of particular lodges, but in his presence and at his +command; for the Grand Master, while in a particular lodge, may command +the Wardens of that lodge, or any other Master Masons, to act as his +Wardens, <i>pro tempore</i>."</p> + +<p>But in a subsequent regulation it was provided, that as the Grand Master +cannot deprive the Grand Wardens of that office without the consent of the +Grand Lodge, he should appoint no other persons to act as Wardens in his +visitation to a private lodge, unless the Grand Wardens were absent. This +whole regulation is still in existence.</p> + +<p>The question has been lately mooted, whether, if the Grand Master declines +to preside, he does not thereby place himself in the position of a +private Brother, and become subject, as all the others present, to the +control of the Worshipful Master. I answer, that of course he becomes +subject to and must of necessity respect those rules of order and decorum +which are obligatory on all good men and Masons; but that he cannot, by +the exercise of an act of courtesy in declining to preside, divest himself +of his prerogative, which, moreover, he may at any time during the evening +assume, and demand the gavel. The Grand Master of Masons can, under no +circumstances, become subject to the decrees and orders of the Master of a +particular lodge.</p> + +<p>IV. Another prerogative of the Grand Master is that of appointment; which, +however, in this country, has been much diminished. According to the old +regulations, and the custom is still continued in the Constitutions of the +Grand Lodge of England, the Grand Master has the right of appointing his +Deputy and Wardens. In the United States, the office has been shorn of +this high prerogative, and these Officers are elected by the Grand Lodge. +The Deputy, however, is still appointed by the Grand Master, in some of +the States, as Massachusetts, North Carolina, Wisconsin, and Texas. The +appointment of the principal subordinate officers, is also given to the +Grand Master by the American Grand Lodges.</p> + +<p>V. The last and most extraordinary power of the Grand Master, is that of +<i>making Masons at sight</i>.</p> + +<p>The power to "make Masons at sight" is a technical term, which may be +defined to be the power to initiate, pass, and raise candidates by the +Grand Master, in a lodge of emergency, or as it is called in the Book of +Constitutions, "an occasional lodge," especially convened by him, and +consisting of such Master Masons as he may call together for that purpose +only—the lodge ceasing to exist as soon as the initiation, passing, or +raising, has been accomplished and the Brethren have been dismissed by the +Grand Master.</p> + +<p>Whether such a power is vested in the Grand Master, is a question that, +within the last few years, has been agitated with much warmth, by some of +the Grand Lodges of this country; but I am not aware that, until very +lately, the prerogative was ever disputed.<sup><a href="#fn18">18</a></sup></p> + +<p>In the Book of Constitutions, however, several instances are furnished of +the exercise of this right by various Grand Masters.</p> + +<p>In 1731, Lord Lovel being Grand Master, he "formed an occasional lodge at +Houghton Hall, Sir Robert Walpole's House in Norfolk," and there made the +Duke of Lorraine, afterwards Emperor of Germany, and the Duke of +Newcastle, Master Masons.<sup><a href="#fn19">19</a></sup></p> + +<p>I do not quote the case of the initiation, passing, and raising of +Frederick, Prince of Wales, in 1737, which was done in "an occasional +lodge," over which Dr. Desaguliers presided,<sup><a href="#fn20">20</a></sup> because as Desaguliers +was not the Grand Master, nor even, as has been incorrectly stated by the +New York Committee of Correspondence, Deputy Grand Master, but only a Past +Grand Master, it cannot be called <i>a making at sight</i>. He most probably +acted under the dispensation of the Grand Master, who at that time was the +Earl of Darnley.</p> + +<p>But in 1766, Lord Blaney, who was then Grand Master, convened "an +occasional lodge" and initiated, passed, and raised the Duke of +Gloucester.<sup><a href="#fn21">21</a></sup></p> + +<p>Again in 1767, John Salter, the Deputy, then acting as Grand Master, +convened "an occasional lodge," and conferred the three degrees on the +Duke of Cumberland.<sup><a href="#fn22">22</a></sup></p> + +<p>In 1787, the Prince of Wales was made a Mason "at an occasional lodge, +convened," says Preston, "for the purpose, at the Star and Garter, Pall +Mall, over which the Duke of Cumberland, (Grand Master) presided in +person."<sup><a href="#fn23">23</a></sup></p> + +<p>But it is unnecessary to multiply instances of the right, exercised by +former Grand Masters, of congregating occasional lodges, and making Masons +at sight. It has been said, however, by the oppugners of this prerogative, +that these "occasional lodges" were only special communications of the +Grand Lodge, and the "makings" are thus supposed to have taken place under +the authority of that body, and not of the Grand Master. The facts, +however, do not sustain this position. Throughout the Book of +Constitutions, other meetings, whether regular or special, are distinctly +recorded as meetings of the Grand Lodge, while these "occasional lodges" +appear only to have been convened by the Grand Master, for the purpose of +making Masons. Besides, in many instances, the lodge was held at a +different place from that of the Grand Lodge, and the officers were not, +with the exception of the Grand Master, the officers of the Grand Lodge. +Thus the occasional lodge, which initiated the Duke of Lorraine, was held +at the residence of Sir Robert Walpole, in Norfolk, while the Grand Lodge +always met in London. In 1766, the Grand Lodge held its communications at +the Crown and Anchor; but the occasional lodge, which, in the same year, +conferred the degrees on the Duke of Gloucester, was convened at the Horn +Tavern. In the following year, the lodge which initiated the Duke of +Cumberland was convened at the Thatched House Tavern, the Grand Lodge +continuing to meet at the Crown and Anchor.</p> + +<p>This may be considered very conclusive evidence of the existence of the +prerogative of the Grand Master, which we are now discussing, but the +argument <i>à fortiori</i>, drawn from his dispensing power, will tend to +confirm the doctrine.</p> + +<p>No one doubts or denies the power of the Grand Master to constitute new +lodges by dispensation. In 1741, the Grand Lodge of England forgot it for +a moment, and adopted a new regulation, that no new lodge should be +constituted until the consent of the Grand Lodge had been first obtained, +"But this order, afterwards appearing," says the Book of +Constitutions,<sup><a href="#fn24">24</a></sup> "to be an infringement on the prerogative of the Grand +Master, and to be attended with many inconveniences and with damage to the +craft, was repealed."</p> + +<p>It is, then, an undoubted prerogative of the Grand Master to constitute +lodges by dispensation, and in these lodges, so constituted, Masons may be +legally entered, passed, and raised. This is done every day. Seven Master +Masons, applying to the Grand Master, he grants them a dispensation, under +authority of which they proceed to open and hold a lodge, and to make +Masons. This lodge is, however, admitted to be the mere creature of the +Grand Master, for it is in his power, at any time, to revoke the +dispensation he had granted, and thus to dissolve the lodge.</p> + +<p>But, if the Grand Master has the power thus to enable others to confer the +degrees and make Masons by his individual authority out of his presence, +are we not permitted to argue <i>à fortiori</i> that he has also the right of +congregating seven Brethren and causing a Mason, to be made in his sight? +Can he delegate a power to others which he does not himself possess? And +is his calling together "an occasional lodge," and making, with the +assistance of the Brethren thus assembled, a Mason "at sight," that is to +say, in his presence, anything more or less than the exercise of his +dispensing power, for the establishment of a lodge under dispensation, for +a temporary period, and for a special purpose. The purpose having been +effected, and the Mason having been made, he revokes his dispensation, and +the lodge is dismissed. If we assumed any other ground than this, we +should be compelled to say, that though the Grand Master might authorise +others to make Masons, when he was absent, as in the usual case of lodges +under dispensation yet the instant that he attempted to convey the same +powers to be exercised in his presence, and under his personal +supervision, his authority would cease. This course of reasoning would +necessarily lead to a contradiction in terms, if not to an actual +absurdity.</p> + +<p>It is proper to state, in conclusion, that the views here set forth are +not entertained by the very able Committee of Foreign Correspondence of +the Grand Lodge of Florida, who only admit the power of the Grand Master +to make Masons in the Grand Lodge. On the other hand, the Grand Lodge of +Wisconsin, at its last communication, adopted a report, asserting "that +the Grand Master has the right to make Masons at sight, in cases which he +may deem proper"—and the Committee of Correspondence of New York +declares, that "since the time when the memory of man runneth not to the +contrary, Grand Masters have enjoyed the privilege of making Masons at +sight, without any preliminaries, and at any suitable time or place."</p> + +<p>The opinions of the two last quoted Grand Lodges embody the general +sentiment of the Craft on this subject.<sup><a href="#fn25">25</a></sup> But although the prerogative +is thus almost universally ceded to Grand Masters, there are many very +reasonable doubts as to the expediency of its exercise, except under +extraordinary circumstances of emergency.</p> + +<p>In England, the practice has generally been confined to the making of +Princes of the Royal Family, who, for reasons of state, were unwilling to +reduce themselves to the level of ordinary candidates and receive their +initiation publicly in a subordinate lodge.</p> + +<p>But in the exercise of this prerogative, the Grand Master cannot dispense +with any of the requisite forms of initiation, prescribed by the oral laws +of the Order. He cannot communicate the degrees, but must adhere to all +the established ceremonies—the conferring of degrees by "communication" +being a form unknown to the York rite. He must be assisted by the number +of Brethren necessary to open and hold a lodge. Due inquiry must be made +into the candidate's character, (though the Grand Master may, as in a case +of emergency, dispense with the usual probation of a month). He cannot +interfere with the business of a regular lodge, by making one whom it had +rejected, nor finishing one which it had commenced. Nor can he confer the +three degrees, at one and the same communication. In short, he must, in +making Masons at sight, conform to the ancient usages and landmarks of the +Order.</p> +</div> + +<div class="sec" id="b1-04-02"> +<h4>Section II.</h4> + +<h5><i>The Deputy Grand Master.</i></h5> + + +<p>The office of Deputy Grand Master is one of great dignity, but not of much +practical importance, except in case of the absence of the Grand Master, +when he assumes all the prerogatives of that officer. Neither is the +office, comparatively speaking, of a very ancient date. At the first +reorganization of the Grand Lodge in 1717, and for two or three years +afterwards, no Deputy was appointed, and it was not until 1721 that the +Duke of Montagu conferred the dignity on Dr. Beal. Originally the Deputy +was intended to relieve the Grand Master of all the burden and pressure of +business, and the 36th of the Regulations, adopted in 1721, states that "a +Deputy is said to have been always needful when the Grand Master was nobly +born," because it was considered as a derogation from the dignity of a +nobleman to enter upon the ordinary business of the craft. Hence we find, +among the General Regulations, one which sets forth this principle in the +following words:</p> + +<p>"The Grand Master should not receive any private intimations of business, +concerning Masons and Masonry, but from his Deputy first, except in such +cases as his worship can easily judge of; and if the application to the +Grand Master be irregular, his worship can order the Grand Wardens, or any +other so applying, to wait upon the Deputy, who is immediately to prepare +the business, and to lay it orderly before his worship."</p> + +<p>The Deputy Grand Master exercises, in the absence of the Grand Master, all +the prerogatives and performs all the duties of that officer. But he does +so, not by virtue of any new office that he has acquired by such absence, +but simply in the name of and as the representative of the Grand Master, +from whom alone he derives all his authority. Such is the doctrine +sustained in all the precedents recorded in the Book of Constitutions.</p> + +<p>In the presence of the Grand Master, the office of Deputy is merely one of +honour, without the necessity of performing any duties, and without the +power of exercising any prerogatives.</p> + +<p>There cannot be more than one Deputy Grand Master in a jurisdiction; so +that the appointment of a greater number, as is the case in some of the +States, is a manifest innovation on the ancient usages. District Deputy +Grand Masters, which officers are also a modern invention of this +country, seem to take the place in some degree of the Provincial Grand +Masters of England, but they are not invested with the same prerogatives. +The office is one of local origin, and its powers and duties are +prescribed by the local regulations of the Grand Lodge which may have +established it.</p> +</div> + +<div class="sec" id="b1-04-03"> +<h4>Section III.</h4> + +<h5><i>Of the Grand Wardens.</i></h5> + + +<p>The Senior and Junior Grand Wardens were originally appointed, like the +Deputy, by the Grand Master, and are still so appointed in England; but in +this country they are universally elected by the Grand Lodge. Their duties +do not materially differ from those performed by the corresponding +officers in a subordinate lodge. They accompany the Grand Master in his +visitations, and assume the stations of the Wardens of the lodge visited.</p> + +<p>According to the regulations of 1721, the Master of the oldest lodge +present was directed to take the chair of the Grand Lodge in the absence +of both the Grand Master and Deputy; but this was found to be an +interference with the rights of the Grand Wardens, and it was therefore +subsequently declared that, in the absence of the Grand Master and Deputy, +the last former Grand Master or Deputy should preside. But if no Past +Grand or Past Deputy Grand Master should be present, then the Senior Grand +Warden was to fill the chair, and, in his absence, the Junior Grand +Warden, and lastly, in absence of both these, then the oldest +Freemason<sup><a href="#fn26">26</a></sup> who is the present Master of a lodge. In this country, +however, most of the Grand Lodges have altered this regulation, and the +Wardens succeed according to seniority to the chair of the absent Grand +Master and Deputy, in preference to any Past Grand Officer.</p> +</div> + +<div class="sec" id="b1-04-04"> +<h4>Section IV.</h4> + +<h5><i>Of the Grand Treasurer.</i></h5> + + +<p>The office of Grand Treasurer was first established in 1724, in +consequence of a report of the Committee of Charity of the Grand Lodge of +England. But no one was found to hold the trust until the 24th of June, +1727, when, at the request of the Grand Master, the appointment was +accepted by Nathaniel Blackerby, Deputy Grand Master. The duties of the +office do not at all differ from those of a corresponding one in every +other society; but as the trust is an important one in a pecuniary view, +it has generally been deemed prudent that it should only be committed to +"a brother of good worldly substance," whose ample means would place him +beyond the chances of temptation.</p> + +<p>The office of Grand Treasurer has this peculiarity, that while all the +other officers below the Grand Master were originally, and still are in +England, appointed, that alone was always elective.</p> +</div> + +<div class="sec" id="b1-04-05"> +<h4>Section V.</h4> + +<h5><i>Of the Grand Secretary.</i></h5> + + +<p>This is one of the most important offices in the Grand Lodge, and should +always be occupied by a Brother of intelligence and education, whose +abilities may reflect honor on the institution of which he is the +accredited public organ. The office was established in the year 1723, +during the Grand Mastership of the Duke of Wharton, previous to which +time the duties appear to have been discharged by the Grand Wardens.</p> + +<p>The Grand Secretary not only records the proceedings of the Grand Lodge, +but conducts its correspondence, and is the medium through whom all +applications on masonic subjects are to be made to the Grand Master, or +the Grand Lodge.</p> + +<p>According to the regulations of the Grand Lodges of England, New York and +South Carolina, the Grand Secretary may appoint an assistant, who is not, +however, by virtue of such appointment, a member of the Grand Lodge. The +same privilege is also extended in South Carolina to the Grand Treasurer.</p> +</div> + +<div class="sec" id="b1-04-06"> +<h4>Section VI.</h4> + +<h5><i>Of the Grand Chaplain.</i></h5> + + +<p>This is the last of the Grand Offices that was established, having been +instituted on the 1st of May, in the year 1775. The duties are confined to +the reading of prayers, and other sacred portions of the ritual, in +consecrations, dedications, funeral services, etc. The office confers no +masonic authority at all, except that of a seat and a vote in the Grand +Lodge.</p> +</div> + +<div class="sec" id="b1-04-07"> +<h4>Section VII.</h4> + +<h5><i>Of the Grand Deacons.</i></h5> + + +<p>But little need be said of the Grand Deacons. Their duties correspond to +those of the same officers in subordinate lodges. The office of the +Deacons, even in a subordinate lodge, is of comparatively modern +institution. Dr. Oliver remarks that they are not mentioned in any of the +early Constitutions of Masonry, nor even so late as 1797, when Stephen +Jones wrote his "Masonic Miscellanies," and he thinks it "satisfactorily +proved that Deacons were not considered necessary, in working the business +of a lodge, before the very latter end of the eighteenth century."<sup><a href="#fn27">27</a></sup></p> + +<p>But although the Deacons are not mentioned in the various works published +previous to that period, which are quoted by Dr. Oliver, it is +nevertheless certain that the office existed at a time much earlier than +that which he supposes. In a work in my possession, and which is now lying +before me, entitled "Every Young Man's Companion, etc., by W. Gordon, +Teacher of the Mathematics," sixth edition printed at London, in 1777, +there is a section, extending from page 413 to page 426, which is +dedicated to the subject of Freemasonry and to a description of the +working of a subordinate lodge. Here the Senior and Junior Deacons are +enumerated among the officers, their exact positions described and their +duties detailed, differing in no respect from the explanations of our own +ritual at the present day. The positive testimony of this book must of +course outweigh the negative testimony of the authorities quoted by +Oliver, and shows the existence in England of Deacons in the year 1777 at +least.</p> + +<p>It is also certain that the office of Deacon claims an earlier origin in +America than the "very latter end of the eighteenth century;" and, as an +evidence of this, it may be stated that, in the "Ahiman Rezon" of +Pennsylvania, published in 1783, the Grand Deacons are named among the +officers of the Grand Lodge, "as particular assistants to the Grand +Master and Senior Warden, in conducting the business of the Lodge." They +are to be found in all Grand Lodges of the York Rite, and are usually +appointed, the Senior by the Grand Master, and the Junior by the Senior +Grand Warden.</p> +</div> + +<div class="sec" id="b1-04-08"> +<h4>Section VIII.</h4> + +<h5><i>Of the Grand Marshal.</i></h5> + + +<p>The <i>Grand Marshal</i>, as an officer of convenience, existed from an early +period. We find him mentioned in the procession of the Grand Lodge, made +in 1731, where he is described as carrying "a truncheon, blue, tipped with +gold," insignia which he still retains. He takes no part in the usual work +of the Lodge; but his duties are confined to the proclamation of the Grand +Officers at their installation, and to the arrangement and superintendence +of public processions.</p> + +<p>The Grand Marshal is usually appointed by the Grand Master.</p> +</div> + +<div class="sec" id="b1-04-09"> +<h4>Section IX.</h4> + +<h5><i>Of the Grand Stewards.</i></h5> + + +<p>The first mention that is made of Stewards is in the Old Regulations, +adopted in 1721. Previous to that time, the arrangements of the Grand +Feast were placed in the hands of the Grand Wardens; and it was to relieve +them of this labor that the regulation was adopted, authorizing the Grand +Master, or his Deputy, to appoint a certain number of Stewards, who were +to act in concert with the Grand Wardens. In 1728, it was ordered that the +number of Stewards to be appointed should be twelve. In 1731, a regulation +was adopted, permitting the Grand Stewards to appoint their successors. +And, in 1735, the Grand Lodge ordered, that, "in consideration of their +past service and future usefulness," they should be constituted a Lodge of +Masters, to be called the Stewards' Lodge, which should have a registry in +the Grand Lodge list, and exercise the privilege of sending twelve +representatives. This was the origin of that body now known in the +Constitutions of the Grand Lodges of England and New York,<sup><a href="#fn28">28</a></sup> as the +Grand Stewards' Lodge, although it has been very extensively modified in +its organization. In New York, it is now no more than a Standing Committee +of the Grand Lodge; and in England, although it is regularly constituted, +as a Lodge of Master Masons, it is by a special regulation deprived of all +power of entering, passing, or raising Masons. In other jurisdictions, the +office of Grand Stewards is still preserved, but their functions are +confined to their original purpose of preparing and superintending the +Grand Feast.</p> + +<p>The appointment of the Grand Stewards should be most appropriately vested +in the Junior Grand Warden.</p> +</div> + +<div class="sec" id="b1-04-10"> +<h4>Section X.</h4> + +<h5><i>Of the Grand Sword-Bearer.</i></h5> + + +<p><i>Grand Sword-Bearer.</i>—It was an ancient feudal custom, that all great +dignitaries should have a sword of state borne before them, as the +insignia of their dignity. This usage has to this day been preserved in +the Masonic Institution, and the Grand Master's sword of state is still +borne in all public processions by an officer specially appointed for that +purpose. Some years after the reorganization of the Grand Lodge of +England, the sword was borne by the Master of the Lodge to which it +belonged; but, in 1730, the Duke of Norfolk, being then Grand Master, +presented to the Grand Lodge the sword of Gustavus Adolphus, King of +Sweden, which had afterwards been used in war by Bernard, Duke of Saxe +Weimar, and which the Grand Master directed should thereafter be adopted +as his sword of state. In consequence of this donation, the office of +Grand Sword-Bearer was instituted in the following year. The office is +still retained; but some Grand Lodges have changed the name to that of +<i>Grand Pursuivant</i>.</p> +</div> + +<div class="sec" id="b1-04-11"> +<h4>Section XI.</h4> + +<h5><i>Of the Grand Tiler.</i></h5> + + +<p>It is evident from the Constitutions of Masonry, as well as from the +peculiar character of the institution, that the office of Grand Tiler must +have existed from the very first organization of a Grand Lodge. As, from +the nature of the duties that he has to perform, the Grand Tiler is +necessarily excluded from partaking of the discussions, or witnessing the +proceedings of the Grand Lodge, it has very generally been determined, +from a principle of expediency, that he shall not be a member of the Grand +Lodge during the term of his office.</p> + +<p>The Grand Tiler is sometimes elected by the Grand Lodge, and sometimes +appointed by the Grand Master.</p> +</div></div> + + +<div class="chapter" id="b1-05"> +<h3>Chapter V.</h3> + +<h4>Of the Powers and Prerogatives of a Grand Lodge.</h4> + + +<div class="sec" id="b1-05-01"> +<h4>Section I.</h4> + +<h5><i>General View.</i></h5> + + +<p>The necessary and usual officers of a Grand Lodge having been described, +the rights, powers, and prerogatives of such a body is the next subject of +our inquiry.</p> + +<p>The foundation-stone, upon which the whole superstructure of masonic +authority in the Grand Lodge is built, is to be found in that conditional +clause annexed to the thirty-eight articles, adopted in 1721 by the Masons +of England, and which is in these words:</p> + +<p>"Every annual Grand Lodge has an inherent power and authority to make new +regulations, or to alter these for the real benefit of this ancient +fraternity; PROVIDED ALWAYS THAT THE OLD LANDMARKS BE CAREFULLY +PRESERVED; and that such alterations and new regulations be proposed and +agreed to at the third quarterly communication preceding the annual Grand +Feast; and that they be offered also to the perusal of all the Brethren +before dinner, in writing, even of the youngest Entered Apprentice: the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory."</p> + +<p>The expression which is put in capitals—"provided always that the old +landmarks be carefully preserved"—is the limiting clause which must be +steadily borne in mind, whenever we attempt to enumerate the powers of a +Grand Lodge. It must never be forgotten (in the words of another +regulation, adopted in 1723, and incorporated in the ritual of +installation), that "it is not in the power of any man, or body of men, to +make any alteration or innovation in the body of Masonry."</p> + +<p>"With these views to limit us, the powers of a Grand Lodge may be +enumerated in the language which has been adopted in the modern +constitutions of England, and which seem to us, after a careful +comparison, to be as comprehensive and correct as any that we have been +able to examine. This enumeration is in the following language:</p> + +<p>"In the Grand Lodge, alone, resides the power of enacting laws and +regulations for the permanent government of the craft, and of altering, +repealing, and abrogating them, always taking care that the ancient +landmarks of the order are preserved. The Grand Lodge has also the +inherent power of investigating, regulating, and deciding all matters +relative to the craft, or to particular lodges, or to individual Brothers, +which it may exercise either of itself, or by such delegated authority, as +in its wisdom and discretion it may appoint; but in the Grand Lodge alone +resides the power of erasing lodges, and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate authority +in England."</p> + +<p>In this enumeration we discover the existence of three distinct classes of +powers:—1, a legislative power; 2, a judicial power; and 3, an executive +power. Each of these will occupy a separate section.</p> +</div> + +<div class="sec" id="b1-05-02"> +<h4>Section II.</h4> + +<h5><i>Of the Legislative Power of a Grand Lodge.</i></h5> + + +<p>In the passage already quoted from the Constitutions of the Grand Lodge of +England it is said, "in the Grand Lodge, alone, resides the power of +enacting laws and regulations for the government of the craft, and of +altering, repealing, and abrogating them." General regulations for the +government of the whole craft throughout the world can no longer be +enacted by a Grand Lodge. The multiplication of these bodies, since the +year 1717, has so divided the supremacy that no regulation now enacted can +have the force and authority of those adopted by the Grand Lodge of +England in 1721, and which now constitute a part of the fundamental law of +Masonry, and as such are unchangeable by any modern Grand Lodge.</p> + +<p>Any Grand Lodge may, however, enact local laws for the direction of its +own special affairs, and has also the prerogative of enacting the +regulations which are to govern all its subordinates and the craft +generally in its own jurisdiction. From this legislative power, which +belongs exclusively to the Grand Lodge, it follows that no subordinate +lodge can make any new bye-laws, nor alter its old ones, without the +approval and confirmation of the Grand Lodge. Hence, the rules and +regulations of every lodge are inoperative until they are submitted to and +approved by the Grand Lodge. The confirmation of that body is the enacting +clause; and, therefore, strictly speaking, it may be said that the +subordinates only propose the bye-laws, and the Grand Lodge enacts them.</p> +</div> + +<div class="sec" id="b1-05-03"> +<h4>Section III.</h4> + +<h5><i>Of the Judicial Power of a Grand Lodge.</i></h5> + + +<p>The passage already quoted from the English Constitutions continues to +say, that "the Grand Lodge has the inherent power of investigating, +regulating and deciding all matters relative to the craft, or to +particular lodges, or to individual Brothers, which it may exercise, +either of itself, or by such delegated authority as in its wisdom and +discretion it may appoint." Under the first clause of this section, the +Grand Lodge is constituted as the Supreme Masonic Tribunal of its +jurisdiction. But as it would be impossible for that body to investigate +every masonic offense that occurs within its territorial limits, with that +full and considerate attention that the principles of justice require, it +has, under the latter clause of the section, delegated this duty, in +general, to the subordinate lodges, who are to act as its committees, and +to report the results of their inquiry for its final disposition. From +this course of action has risen the erroneous opinion of some persons, +that the jurisdiction of the Grand Lodge is only appellate in its +character. Such is not the case. The Grand Lodge possesses an original +jurisdiction over all causes occurring within its limits. It is only for +expediency that it remits the examination of the merits of any case to a +subordinate lodge as a <i>quasi</i> committee. It may, if it thinks proper, +commence the investigation of any matter concerning either a lodge, or an +individual brother within its own bosom, and whenever an appeal from the +decision of a lodge is made, which, in reality, is only a dissent from the +report of the lodge, the Grand Lodge does actually recommence the +investigation <i>de novo</i>, and, taking the matter out of the lodge, to whom +by its general usage it had been primarily referred, it places it in the +hands of another committee of its own body for a new report. The course of +action is, it is true, similar to that in law, of an appeal from an +inferior to a superior tribunal. But the principle is different. The Grand +Lodge simply confirms or rejects the report that has been made to it, and +it may do that without any appeal having been entered. It may, in fact, +dispense with the necessity of an investigation by and report from a +subordinate lodge altogether, and undertake the trial itself from the +very inception. But this, though a constitutional, is an unusual course. +The subordinate lodge is the instrument which the Grand Lodge employs in +considering the investigation. It may or it may not make use of the +instrument, as it pleases.</p> +</div> + +<div class="sec" id="b1-05-04"> +<h4>Section IV.</h4> + +<h5><i>Of the Executive Power of a Grand Lodge.</i></h5> + + +<p>The English Constitutions conclude, in the passage that has formed the +basis of our previous remarks, by asserting that "in the Grand Lodge, +alone, resides the power of erasing lodges and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate +authority." The power of the Grand Lodge to erase lodges is accompanied +with a coincident power of constituting new lodges. This power it +originally shared with the Grand Master, and still does in England; but in +this country the power of the Grand Lodge is paramount to that of the +Grand Master. The latter can only constitute lodges temporarily, by +dispensation, and his act must be confirmed, or may be annulled by the +Grand Lodge. It is not until a lodge has received its Warrant of +Constitution from the Grand Lodge, that it can assume the rank and +exercise the prerogatives of a regular and legal lodge.</p> + +<p>The expelling power is one that is very properly intrusted to the Grand +Lodge, which is the only tribunal that should impose a penalty affecting +the relations of the punished party with the whole fraternity. Some of the +lodges in this country have claimed the right to expel independently of +the action of the Grand Lodge. But the claim is founded on an erroneous +assumption of powers that have never existed, and which are not recognized +by the ancient constitutions, nor the general usages of the fraternity. A +subordinate lodge tries its delinquent member, under the provisions which +have already been stated, and, according to the general usage of lodges in +the United States, declares him expelled. But the sentence is of no force +nor effect until it has been confirmed by the Grand Lodge, which may, or +may not, give the required confirmation, and which, indeed, often refuses +to do so, but actually reverses the sentence. It is apparent, from the +views already expressed on the judicial powers of the Grand Lodge, that +the sentence of expulsion uttered by the subordinate is to be taken in +the sense of a recommendatory report, and that it is the confirmation and +adoption of that report by the Grand Lodge that alone gives it vitality +and effect.</p> + +<p>The expelling power presumes, of course, coincidently, the reinstating +power. As the Grand Lodge alone can expel, it also alone can reinstate.</p> + +<p>These constitute the general powers and prerogatives of a Grand Lodge. Of +course there are other local powers, assumed by various Grand Lodges, and +differing in the several jurisdictions, but they are all derived from some +one of the three classes that we have enumerated. From these views, it +will appear that a Grand Lodge is the supreme legislative, judicial, and +executive authority of the Masonic jurisdiction in which it is situated. +It is, to use a feudal term, "the lord paramount" in Masonry. It is a +representative body, in which, however, it constituents have delegated +everything and reserved no rights to themselves. Its authority is almost +unlimited, for it is restrained by but a single check:—<i>It cannot alter +or remove the ancient landmarks</i>.</p> +</div></div></div> + + + +<div class="book" id="b2"> +<h2>Book Second</h2> + +<h3>Laws of Subordinate Lodges.</h3> + + + +<p>Having thus succinctly treated of the law in relation to Grand Lodges, I +come next in order to consider the law as it respects the organization, +rights, powers, and privileges of subordinate Lodges; and the first +question that will engage our attention will be, as to the proper method +of organizing a Lodge.</p> + + + +<div class="chapter" id="b2-01"> +<h3>Chapter I.</h3> + +<h4>Of the Nature and Organization of Subordinate Lodges.</h4> + + + +<p>The old charges define a Lodge to be "a place where Masons assemble and +work;" and also "that assembly, or duly organized society of Masons." The +lecture on the first degree gives a still more precise definition. It says +that "a lodge is an assemblage of Masons, duly congregated, having the +Holy Bible, square, and compasses, and a charter, or warrant of +constitution, empowering them to work."</p> + +<p>Every lodge of Masons requires for its proper organization, that it should +have been congregated by the permission of some superior authority, which +may be either a Grand Master or a Grand Lodge. When a lodge is organized +by the authority of a Grand Master, it is said to work under a +Dispensation, and when by the authority of a Grand Lodge, it is said to +work under a warrant of constitution. In the history of a lodge, the +former authority generally precedes the latter, the lodge usually working +for some time under the dispensation of the Grand Master, before it is +regularly warranted by the Grand Lodge. But this is not necessarily the +case. A Grand Lodge will sometimes grant a warrant of constitution at +once, without the previous exercise, on the part of the Grand Master, of +his dispensing power. As it is, however, more usually the practice for the +dispensation to precede the warrant of constitution, I shall explain the +formation of a lodge according to that method.</p> + +<p>Any number of Master Masons, not under seven, being desirous of uniting +themselves into a lodge, apply by petition to the Grand Master for the +necessary authority. This petition must set forth that they now are, or +have been, members of a regularly constituted lodge, and must assign, as a +reason for their application, that they desire to form the lodge "for the +conveniency of their respective dwellings," or some other sufficient +reason. The petition must also name the brethren whom they desire to act +as their Master and Wardens, and the place where they intend to meet; and +it must be recommended by the nearest lodge.</p> + +<p>Dalcho says that not less than three Master Masons should sign the +petition; but in this he differs from all the other authorities, which +require not less than seven. This rule, too, seems to be founded in +reason; for, as it requires seven Masons to constitute a quorum for +opening and holding a lodge of Entered Apprentices, it would be absurd to +authorize a smaller number to organize a lodge which, after its +organization, could not be opened, nor make Masons in that degree.</p> + +<p>Preston says that the petition must be recommended "by the Masters of +three regular lodges adjacent to the place where the new lodge is to be +held." Dalcho says it must be recommended "by three other known and +approved Master Masons," but does not make any allusion to any adjacent +lodge. The laws and regulations of the Grand Lodge of Scotland require the +recommendation to be signed "by the Masters and officers of two of the +nearest lodges." The Constitutions of the Grand Lodge of England require +that it must be recommended "by the officers of some regular lodge." The +recommendation of a neighboring lodge is the general usage of the craft, +and is intended to certify to the superior authority, on the very best +evidence that can be obtained, that, namely, of an adjacent lodge, that +the new lodge will be productive of no injury to the Order.</p> + +<p>If this petition be granted, the Grand Secretary prepares a document +called a <i>dispensation</i>, which authorizes the officers named in the +petition to open and hold a lodge, and to "enter, pass, and raise +Freemasons." The duration of this dispensasation is generally expressed on +its face to be, "until it shall be revoked by the Grand Master or the +Grand Lodge, or until a warrant of constitution is granted by the Grand +Lodge." Preston says, that the Brethren named in it are authorized "to +assemble as Masons for forty days, and until such time as a warrant of +constitution can be obtained by command of the Grand Lodge, or that +authority be recalled." But generally, usage continues the dispensation +only until the next meeting of the Grand Lodge, when it is either revoked, +or a warrant of constitution granted.</p> + +<p>If the dispensation be revoked by either the Grand Master or the Grand +Lodge (for either has the power to do so), the lodge of course at once +ceases to exist. Whatever funds or property it has accumulated revert, as +in the case of all extinct lodges, to the Grand Lodge, which may be called +the natural heir of its subordinates; but all the work done in the lodge, +under the dispensation, is regular and legal, and all the Masons made by +it are, in every sense of the term, "true and lawful Brethren."</p> + +<p>Let it be supposed, however, that the dispensation is confirmed or +approved by the Grand Lodge, and we thus arrive at another step in the +history of the new lodge. At the next sitting of the Grand Lodge, after +the dispensation has been issued by the Grand Master, he states that fact +to the Grand Lodge, when, either at his request, or on motion of some +Brother, the vote is taken on the question of constituting the new lodge, +and, if a majority are in favor of it, the Grand Secretary is ordered to +grant a warrant of constitution.</p> + +<p>This instrument differs from a dispensation in many important particulars. +It is signed by all the Grand Officers, and emanates from the Grand Lodge, +while the dispensation emanates from the office of the Grand Master, and +is signed by him alone. The authority of the dispensation is temporary, +that of the warrant permanent; the one can be revoked at pleasure by the +Grand Master, who granted it; the other only for cause shown, and by the +Grand Lodge; the one bestows only a name, the other both a name and a +number; the one confers only the power of holding a lodge and making +Masons, the other not only confers these powers, but also those of +installation and of succession in office. From these differences in the +characters of the two documents, arise important differences in the powers +and privileges of a lodge under dispensation and of one that has been +regularly constituted. These differences shall hereafter be considered.</p> + +<p>The warrant having been granted, there still remain certain forms and +ceremonies to be observed, before the lodge can take its place among the +legal and registered lodges of the jurisdiction in which it is situated. +These are its consecration, its dedication, its constitution, and the +installation of its officers. We shall not fully enter into a description +of these various ceremonies, because they are laid down at length in all +the Monitors, and are readily accessible to our readers. It will be +sufficient if we barely allude to their character.</p> + +<p>The ceremony of constitution is so called, because by it the lodge becomes +constituted or established. Orthoepists define the verb to constitute, as +signifying "to give a formal existence to anything." Hence, to constitute +a lodge is to give it existence, character, and standing as such; and the +instrument that warrants the person so constituting or establishing it, in +this act, is very properly called the "warrant of constitution."</p> + +<p>The consecration, dedication, and constitution of a lodge must be +performed by the Grand Master in person; or, if he cannot conveniently +attend, by some Past Master appointed by him as his special proxy or +representative for that purpose. On the appointed evening, the Grand +Master, accompanied by his Grand Officers, repairs to the place where the +new lodge is to hold its meetings, the lodge<sup><a href="#fn29">29</a></sup> having been placed in the +centre of the room and decently covered with a piece of white linen or +satin. Having taken the chair, he examines the records of the lodge and +the warrant of constitution; the officers who have been chosen are +presented before him, when he inquires of the Brethren if they continue +satisfied with the choice they have made. The ceremony of consecration is +then performed. The Lodge is uncovered; and corn, wine, and oil—the +masonic elements of consecration—are poured upon it, accompanied by +appropriate prayers and invocations, and the lodge is finally declared to +be consecrated to the honor and glory of God.</p> + +<p>This ceremony of consecration has been handed down from the remotest +antiquity. A consecrating—a separating from profane things, and making +holy or devoting to sacred purposes—was practiced by both the Jews and +the Pagans in relation to their temples, their altars, and all their +sacred utensils. The tabernacle, as soon as it was completed, was +consecrated to God by the unction of oil. Among the Pagan nations, the +consecration of their temples was often performed with the most sumptuous +offerings and ceremonies; but oil was, on all occasions, made use of as an +element of the consecration. The lodge is, therefore, consecrated to +denote that henceforth it is to be set apart as an asylum sacred to the +cultivation of the great masonic principles of Friendship, Morality, and +Brotherly Love. Thenceforth it becomes to the conscientious Mason a place +worthy of his reverence; and he is tempted, as he passes over its +threshold, to repeat the command given to Moses: "Put off thy shoes from +off thy feet, for the place whereon thou standest is holy ground."</p> + +<p>The corn, wine, and oil are appropriately adopted as the Masonic elements +of consecration, because of the symbolic signification which they present +to the mind of the Mason. They are enumerated by David as among the +greatest blessings which we receive from the bounty of Divine Providence. +They were annually offered by the ancients as the first fruits, in a +thank-offering for the gifts of the earth; and as representatives of "the +corn of nourishment, the wine of refreshment, and the oil of joy," they +symbolically instruct the Mason that to the Grand Master of the Universe +he is indebted for the "health, peace, and plenty" that he enjoys.</p> + +<p>After the consecration of the lodge, follows its dedication. This is a +simple ceremony, and principally consists in the pronunciation of a +formula of words by which the lodge is declared to be dedicated to the +holy Saints John, followed by an invocation that "every Brother may revere +their character and imitate their virtues."</p> + +<p>Masonic tradition tells us that our ancient Brethren dedicated their +lodges to King Solomon, because he was their first Most Excellent Grand +Master; but that modern Masons dedicate theirs to St. John the Baptist and +St. John the Evangelist, because they were two eminent patrons of Masonry. +A more appropriate selection of patrons to whom to dedicate the lodge, +could not easily have been made; since St. John the Baptist, by +announcing the approach of Christ, and by the mystical ablution to which +he subjected his proselytes, and which was afterwards adopted in the +ceremony of initiation into Christianity, might well be considered as the +Grand Hierophant of the Church; while the mysterious and emblematic nature +of the Apocalypse assimilated the mode of teaching adopted by St. John the +Evangelist to that practiced by the fraternity. Our Jewish Brethren +usually dedicate their lodges to King Solomon, thus retaining their +ancient patron, although they thereby lose the benefit of that portion of +the Lectures which refers to the "lines parallel." The Grand Lodge of +England, at the union in 1813, agreed to dedicate to Solomon and Moses, +applying the parallels to the framer of the tabernacle and the builder of +the temple; but they have no warranty for this in ancient usage, and it is +unfortunately not the only innovation on the ancient landmarks that that +Grand Lodge has lately permitted.</p> + +<p>The ceremony of dedication, like that of consecration, finds its archetype +in the remotest antiquity. The Hebrews made no use of any new thing until +they had first solemnly dedicated it. This ceremony was performed in +relation even to private houses, as we may learn from the book of +Deuteronomy.<sup><a href="#fn30">30</a></sup> The 30th Psalm is a song said to have been made by David +on the dedication of the altar which he erected on the threshing-floor of +Ornan the Jebusite, after the grievous plague which had nearly devastated +the kingdom. Solomon, it will be recollected, dedicated the temple with +solemn ceremonies, prayers, and thank-offerings. The ceremony of +dedication is, indeed, alluded to in various portions of the Scriptures.</p> + +<p>Selden<sup><a href="#fn31">31</a></sup> says that among the Jews sacred things were both dedicated and +consecrated; but that profane things, such as private houses, etc., were +simply dedicated, without consecration. The same writer informs us that +the Pagans borrowed the custom of consecrating and dedicating their sacred +edifices, altars, and images, from the Hebrews.</p> + +<p>The Lodge having been thus consecrated to the solemn objects of +Freemasonry, and dedicated to the patrons of the institution, it is at +length prepared to be constituted. The ceremony of constitution is then +performed by the Grand Master, who, rising from his seat, pronounces the +following formulary of constitution:</p> + +<p>"In the name of the most Worshipful Grand Lodge, I now constitute and form +you, my beloved Brethren, into a regular lodge of Free and Accepted +Masons. From this time forth, I empower you to meet as a regular lodge, +constituted in conformity to the rites of our Order, and the charges of +our ancient and honorable fraternity;—and may the Supreme Architect of +the Universe prosper, direct, and counsel you, in all your doings."</p> + +<p>This ceremony places the lodge among the registered lodges of the +jurisdiction in which it is situated, and gives it a rank and standing and +permanent existence that it did not have before. In one word, it has, by +the consecration, dedication, and constitution, become what we technically +term "a just and legally constituted lodge," and, as such, is entitled to +certain rights and privileges, of which we shall hereafter speak. Still, +however, although the lodge has been thus fully and completely organized, +its officers have as yet no legal existence. To give them this, it is +necessary that they be inducted into their respective offices, and each +officer solemnly bound to the faithful performance of the duties he has +undertaken to discharge. This constitutes the ceremony of installation. +The Worshipful Master of the new lodge is required publicly to submit to +the ancient charges; and then all, except Past Masters, having retired, he +is invested with the Past Master's degree, and inducted into the oriental +chair of King Solomon. The Brethren are then introduced, and due homage is +paid to their new Master, after which the other officers are obligated to +the faithful discharge of their respective trusts, invested with their +insignia of office, and receive the appropriate charge. This ceremony must +be repeated at every annual election and change of officers.</p> + +<p>The ancient rule was, that when the Grand Master and his officers attended +to constitute a new lodge, the Deputy Grand Master invested the new +Master, the Grand Wardens invested the new Wardens, and the Grand +Treasurer and Grand Secretary invested the Treasurer and Secretary. But +this regulation has become obsolete, and the whole installation and +investiture are now performed by the Grand Master. On the occasion of +subsequent installations, the retiring Master installs his successor; and +the latter installs his subordinate officers.</p> + +<p>The ceremony of installation is derived from the ancient custom of +inauguration, of which we find repeated instances in the sacred as well as +profane writings. Aaron was inaugurated, or installed, by the unction of +oil, and placing on him the vestments of the High Priest; and every +succeeding High Priest was in like manner installed, before he was +considered competent to discharge the duties of his office. Among the +Romans, augurs, priests, kings, and, in the times of the republic, consuls +were always inaugurated or installed. And hence, Cicero, who was an augur, +speaking of Hortensius, says, "it was he who installed me as a member of +the college of augurs, so that I was bound by the constitution of the +order to respect and honour him as a parent."<sup><a href="#fn32">32</a></sup> The object and intention +of the ancient inauguration and the Masonic installation are precisely the +same, namely, that of setting apart and consecrating a person to the +duties of a certain office.</p> + +<p>The ceremonies, thus briefly described, were not always necessary to +legalize a congregation of Masons. Until the year 1717, the custom of +confining the privileges of Masonry, by a warrant of constitution, to +certain individuals, was wholly unknown. Previous to that time, a +requisite number of Master Masons were authorized by the ancient charges +to congregate together, temporarily, at their own discretion, and as best +suited their convenience, and then and there to open and hold lodges and +make Masons; making, however, their return, and paying their tribute to +the General Assembly, to which all the fraternity annually repaired, and +by whose awards the craft were governed.</p> + +<p>Preston, speaking of this ancient privilege, says: "A sufficient number of +Masons met together within a certain district, with the consent of the +sheriff or chief magistrate of the place, were empowered at this time to +make Masons and practice the rights of Masonry, without a warrant of +constitution." This privilege, Preston says, was inherent in them as +individuals, and continued to be enjoyed by the old lodges, which formed +the Grand Lodge in 1717, as long as they were in existence.</p> + +<p>But on the 24th June, 1717, the Grand Lodge of England adopted the +following regulation: "That the privilege of assembling as Masons, which +had hitherto been unlimited, should be vested in certain lodges or +assemblies of Masons, convened in certain places; and that every lodge to +be hereafter convened, except the four old lodges at this time existing, +should be legally authorized to act by a warrant from the Grand Master for +the time being, granted to certain individuals by petition, with the +consent and approbation of the Grand Lodge in communication; and that, +without such warrant, no lodge should be hereafter deemed regular or +constitutional."</p> + +<p>This regulation has ever since continued in force, and it is the original +law under which warrants of constitution are now granted by Grand Lodges +for the organization of their subordinates.</p> +</div> + + +<div class="chapter" id="b2-02"> +<h3>Chapter II.</h3> + +<h4>Of Lodges under Dispensation.</h4> + + + +<p>It is evident, from what has already been said, that there are two kinds +of lodges, each regular in itself, but each peculiar and distinct in its +character. There are lodges working under a dispensation, and lodges +working under a warrant of constitution. Each of these will require a +separate consideration. The former will be the subject of the present +chapter.</p> + +<p>A lodge working under a dispensation is a merely temporary body, +originated for a special purpose, and is therefore possessed of very +circumscribed powers. The dispensation, or authority under which it acts, +expressly specifies that the persons to whom it is given are allowed to +congregate that they may "admit, enter, pass, and raise Freemasons;" no +other powers are conferred either by words or implication, and, indeed, +sometimes the dispensation states, that that congregation is to be "with +the sole intent and view, that the Brethren so congregated, admitted, +entered, and made, when they become a sufficient number, may be duly +warranted and constituted for being and holding a regular lodge."<sup><a href="#fn33">33</a></sup></p> + +<p>A lodge under dispensation is simply the creature of the Grand Master. To +him it is indebted for its existence, and on his will depends the duration +of that existence. He may at any time revoke the dispensation, and the +dissolution of the lodge would be the instant result. Hence a lodge +working under a dispensation can scarcely, with strict technical +propriety, be called a lodge; it is, more properly speaking, a +congregation of Masons, acting as the proxy of the Grand Master.</p> + +<p>With these views of the origin and character of lodges under dispensation, +we will be better prepared to understand the nature and extent of the +powers which they possess.</p> + +<p>A lodge under dispensation can make no bye-laws. It is governed, during +its temporary existence, by the general Constitutions of the Order and the +rules and regulations of the Grand Lodge in whose jurisdiction it is +situated. In fact, as the bye-laws of no lodge are operative until they +are confirmed by the Grand Lodge, and as a lodge working under a +dispensation ceases to exist as such as soon as the Grand Lodge meets, it +is evident that it would be absurd to frame a code of laws which would +have no efficacy, for want of proper confirmation, and which, when the +time and opportunity for confirmation had arrived, would be needless, as +the society for which they were framed would then have no legal +existence—a new body (the warranted lodge) having taken its place.</p> + +<p>A lodge under dispensation cannot elect officers. The Master and Wardens +are nominated by the Brethren, and, if this nomination is approved, they +are appointed by the Grand Master. In giving them permission to meet and +make Masons, he gave them no power to do anything else. A dispensation is +itself a setting aside of the law, and an exception to a general +principle; it must, therefore, be construed literally. What is not granted +in express terms, is not granted at all. And, therefore, as nothing is +said of the election of officers, no such election can be held. The Master +may, however, and always does for convenience, appoint a competent +Brother to keep a record of the proceedings; but this is a temporary +appointment, at the pleasure of the Master, whose deputy or assistant he +is; for the Grand Lodge looks only to the Master for the records, and the +office is not legally recognized. In like manner, he may depute a trusty +Brother to take charge of the funds, and must, of course, from time to +time, appoint the deacons and tiler for the necessary working of the +lodge.</p> + +<p>As there can be no election, neither can there be any installation, which, +of course, always presumes a previous election for a determinate period. +Besides, the installation of officers is a part of the ceremony of +constitution, and therefore not even the Master and Wardens of a lodge +under dispensation are entitled to be thus solemnly inducted into office.</p> + +<p>A lodge under dispensation can elect no members. The Master and Wardens, +who are named in the dispensation, are, in point of fact, the only persons +recognized as constituting the lodge. To them is granted the privilege, as +proxies of the Grand Master, of making Masons; and for this purpose they +are authorized to congregate a sufficient number of Brethren to assist +them in the ceremonies. But neither the Master and Wardens, nor the +Brethren, thus congregated have received any power of electing members. +Nor are the persons made in a lodge under dispensation, to be considered +as members of the lodge; for, as has already been shown, they have none of +the rights and privileges which attach to membership—they can neither +make bye-laws nor elect officers. They, however, become members of the +lodge as soon as it receives its warrant of constitution.</p> +</div> + + +<div class="chapter" id="b2-03"> +<h3>Chapter III.</h3> + +<h4>Of Lodges Working under a Warrant of Constitution.</h4> + + +<div class="sec" id="b2-03-01"> +<h4>Section I.</h4> + +<h5><i>Of the Powers and Rights of a Lodge.</i></h5> + + +<p>In respect to the powers and privileges possessed by a lodge working under +a warrant of constitution, we may say, as a general principle, that +whatever it does possess is inherent in it—nothing has been delegated by +either the Grand Master or the Grand Lodge—but that all its rights and +powers are derived originally from the ancient regulations, made before +the existence of Grand Lodges, and that what it does not possess, are the +powers which were conceded by its predecessors to the Grand Lodge. This is +evident from the history of warrants of constitution, the authority under +which subordinate lodges act. The practice of applying by petition to the +Grand Master or the Grand Lodge, for a warrant to meet as a regular +lodge, commenced in the year 1718. Previous to that time, Freemasons were +empowered by inherent privileges, vested, from time immemorial, in the +whole fraternity, to meet as occasion might require, under the direction +of some able architect; and the proceedings of these meetings, being +approved by a majority of the Brethren convened at another lodge in the +same district, were deemed constitutional.<sup><a href="#fn34">34</a></sup> But in 1718, a year after +the formation of the Grand Lodge of England, this power of meeting <i>ad +libitum</i> was resigned into the hands of that body, and it was then agreed +that no lodges should thereafter meet, unless authorized so to do by a +warrant from the Grand Master, and with the consent of the Grand Lodge. +But as a memorial that this abandonment of the ancient right was entirely +voluntary, it was at the same time resolved that this inherent privilege +should continue to be enjoyed by the four old lodges who formed the Grand +Lodge. And, still more effectually to secure the reserved rights of the +lodges, it was also solemnly determined, that while the Grand Lodge +possesses the inherent right of making new regulations for the good of the +fraternity, provided that the <i>old landmarks be carefully preserved</i>, yet +that these regulations, to be of force, must be proposed and agreed to at +the third quarterly communication preceding the annual grand feast, and +submitted to the perusal of all the Brethren, in writing, even of the +youngest entered apprentice; "<i>the approbation and consent of the majority +of all the Brethren present being absolutely necessary, to make the same +binding and obligatory</i>."<sup><a href="#fn35">35</a></sup></p> + +<p>The corollary from all this is clear. All the rights, powers, and +privileges, not conceded, by express enactment of the fraternity, to the +Grand Lodge, have been reserved to themselves. Subordinate lodges are the +assemblies of the craft in their primary capacity, and the Grand Lodge is +the Supreme Masonic Tribunal, only because it consists of and is +constituted by a representation of these primary assemblies. And, +therefore, as every act of the Grand Lodge is an act of the whole +fraternity thus represented, each new regulation that may be made is not +an assumption of authority on the part of the Grand Lodge, but a new +concession on the part of the subordinate lodges.</p> + +<p>This doctrine of the reserved rights of the lodges is very important, and +should never be forgotten, because it affords much aid in the decision of +many obscure points of masonic jurisprudence. The rule is, that any +doubtful power exists and is inherent in the subordinate lodges, unless +there is an express regulation conferring it on the Grand Lodge. With this +preliminary view, we may proceed to investigate the nature and extent of +these reserved powers of the subordinate lodges.</p> + +<p>A lodge has the right of selecting its own members, with which the Grand +Lodge cannot interfere. This is a right that the lodges have expressly +reserved to themselves, and the stipulation is inserted in the "general +regulations" in the following words:</p> + +<p>"No man can be entered a Brother in any particular lodge, or admitted a +member thereof, without the unanimous consent of all the members of that +lodge then present, when the candidate is proposed, and when their consent +is formally asked by the Master. They are to give their consent in their +own prudent way, either virtually or in form, but with unanimity. Nor is +this inherent privilege subject to a dispensation, because the members of +a particular lodge are the best judges of it; and because, if a turbulent +member should be imposed upon them, it might spoil their harmony, or +hinder the freedom of their communication; or even break and disperse the +lodge, which ought to be avoided by all true and faithful."<sup><a href="#fn36">36</a></sup></p> + +<p>But although a lodge has the inherent right to require unanimity in the +election of a candidate, it is not necessarily restricted to such a degree +of rigor.</p> + +<p>A lodge has the right to elect its own officers. This right is guaranteed +to it by the words of the Warrant of Constitution. Still the right is +subject to certain restraining regulations. The election must be held at +the proper time, which, according to the usage of Masonry, in most parts +of the world, is on or immediately before the festival of St. John the +Evangelist. The proper qualifications must be regarded. A member cannot be +elected as Master, unless he has previously served as a Warden, except in +the instance of a new lodge, or other case of emergency. Where both of the +Wardens refuse promotion, where the presiding Master will not permit +himself to be reelected, and where there is no Past Master who will +consent to take the office, then, and then only, can a member be elected +from the floor to preside over the lodge.</p> + +<p>By the Constitutions of England, only the Master and Treasurer are elected +officers.<sup><a href="#fn37">37</a></sup> The Wardens and all the other officers are appointed by the +Master, who has not, however, the power of removal after appointment, +except by consent of the lodge;<sup><a href="#fn38">38</a></sup> but American usage gives the election +of all the officers, except the deacons, stewards, and, in some instances, +the tiler, to the lodge.</p> + +<p>As a consequence of the right of election, every lodge has the power of +installing its officers, subject to the same regulations, in relation to +time and qualifications, as given in the case of elections.</p> + +<p>The Master must be installed by a Past Master,<sup><a href="#fn39">39</a></sup> but after his own +installation he has the power to install the rest of the officers. The +ceremony of installation is not a mere vain and idle one, but is +productive of important results. Until the Master and Wardens of a lodge +are installed, they cannot represent the lodge in the Grand Lodge, nor, if +it be a new lodge, can it be recorded and recognized on the register of +the Grand Lodge. No officer can permanently take possession of the office +to which he has been elected, until he has been duly installed.<sup><a href="#fn40">40</a></sup> The +rule of the craft is, that the old officer holds on until his successor is +installed, and this rule is of universal application to officers of every +grade, from the Tiler of a subordinate lodge, to the Grand Master of +Masons.</p> + +<p>Every lodge that has been duly constituted, and its officers installed, is +entitled to be represented in the Grand Lodge, and to form, indeed, a +constituent part of that body.<sup><a href="#fn41">41</a></sup> The representatives of a lodge are its +Master and two Wardens.<sup><a href="#fn42">42</a></sup> This character of representation was +established in 1718, when the four old lodges, which organized the Grand +Lodge of England, agreed "to extend their patronage to every lodge which +should hereafter be constituted by the Grand Lodge, according to the new +regulations of the society; and while such lodges acted in conformity to +the ancient constitutions of the Order, to admit their Masters and Wardens +to share with them all the privileges of the Grand Lodge, excepting +precedence of rank."<sup><a href="#fn43">43</a></sup> Formerly all Master Masons were permitted to sit +in the Grand Lodge, or, as it was then called, the General Assembly, and +represent their lodge; and therefore this restricting the representation +to the three superior officers was, in fact, a concession of the craft. +This regulation is still generally observed; but I regret to see a few +Grand Lodges in this country innovating on the usage, and still further +confining the representation to the Masters alone.</p> + +<p>The Master and Wardens are not merely in name the representatives of the +lodge, but are bound, on all questions that come before the Grand Lodge, +truly to represent their lodge, and vote according to its instructions. +This doctrine is expressly laid down in the General Regulations, in the +following words: "The majority of every particular lodge, when +congregated, not else, shall have the privilege of giving instructions to +their Master and Wardens, before the meeting of the Grand Chapter, or +Quarterly Communication; because the said officers are their +representatives, and are supposed to speak the sentiments of their +Brethren at the said Grand Lodge."<sup><a href="#fn44">44</a></sup></p> + +<p>Every lodge has the power to frame bye-laws for its own government, +provided they are not contrary to, nor inconsistent with, the general +regulations of the Grand Lodge; nor the landmarks of the order.<sup><a href="#fn45">45</a></sup> But +these bye-laws will not be valid, until they are submitted to and approved +by the Grand Lodge. And this is the case, also, with every subsequent +alteration of them, which must in like manner be submitted to the Grand +Lodge for its approval.</p> + +<p>A lodge has the right of suspending or excluding a member from his +membership in the lodge; but it has no power to expel him from the rights +and privileges of Masonry, except with the consent of the Grand Lodge. A +subordinate lodge tries its delinquent member, and, if guilty, declares +him expelled; but the sentence is of no force until the Grand Lodge, under +whose jurisdiction it is working, has confirmed it. And it is optional +with the Grand Lodge to do so, or, as is frequently done, to reverse the +decision and reinstate the Brother. Some of the lodges in this country +claim the right to expel, independently of the action of the Grand Lodge; +but the claim is not valid. The very fact that an expulsion is a penalty, +affecting the general relations of the punished party with the whole +fraternity, proves that its exercise never could, with propriety, be +intrusted to a body so circumscribed in its authority as a subordinate +lodge. Accordingly, the general practice of the fraternity is opposed to +it; and therefore all expulsions are reported to the Grand Lodge, not +merely as matters of information, but that they may be confirmed by that +body. The English Constitutions are explicit on this subject. "In the +Grand Lodge alone," they declare, "resides the power of erasing lodges and +expelling Brethren from the craft, a power which it ought not to delegate +to any subordinate authority in England." They allow, however, a +subordinate lodge to <i>exclude</i> a member from the lodge; in which case he +is furnished with a certificate of the circumstances of his exclusion, and +then may join any other lodge that will accept him, after being made +acquainted with the fact of his exclusion, and its cause. This usage has +not been adopted in this country.</p> + +<p>A lodge has a right to levy such annual contribution for membership as the +majority of the Brethren see fit. This is entirely a matter of contract, +with which the Grand Lodge, or the craft in general, have nothing to do. +It is, indeed, a modern usage, unknown to the fraternity of former times, +and was instituted for the convenience and support of the private lodges.</p> + +<p>A lodge is entitled to select a name for itself, to be, however, approved +by the Grand Lodge.<sup><a href="#fn46">46</a></sup> But the Grand Lodge alone has the power of +designating the number by which the lodge shall be distinguished. By its +number alone is every lodge recognized in the register of the Grand Lodge, +and according to their numbers is the precedence of the lodges regulated.</p> + +<p>Finally, a lodge has certain rights in relation to its Warrant of +Constitution. This instrument having been granted by the Grand Lodge, can +be revoked by no other authority. The Grand Master, therefore, has no +power, as he has in the case of a lodge under dispensation, to withdraw +its Warrant, except temporarily, until the next meeting of the Grand +Lodge. Nor is it in the power of even the majority of the lodge, by any +act of their own, to resign the Warrant. For it has been laid down as a +law, that if the majority of the lodge should determine to quit the lodge, +or to resign their warrant, such action would be of no efficacy, because +the Warrant of Constitution, and the power of assembling, would remain +with the rest of the members, who adhere to their allegiance.<sup><a href="#fn47">47</a></sup> But if +all the members withdraw themselves, their Warrant ceases and becomes +extinct. If the conduct of a lodge has been such as clearly to forfeit its +charter, the Grand Lodge alone can decide that question and pronounce the +forfeiture.</p> +</div> + +<div class="sec" id="b2-03-02"> +<h4>Section II.</h4> + +<h5><i>Of the Duties of a Lodge.</i></h5> + + +<p>So far in relation to the rights and privileges of subordinate lodges. But +there are certain duties and obligations equally binding upon these +bodies, and certain powers, in the exercise of which they are restricted. +These will next engage our attention.</p> + +<p>The first great duty, not only of every lodge, but of every Mason, is to +see that the landmarks of the Order shall never be impaired. The General +Regulations of Masonry—to which every Master, at his installation, is +bound to acknowledge his submission—declare that "it is not in the power +of any man, or body of men, to make innovations in the body of Masonry." +And, hence, no lodge, without violating all the implied and express +obligations into which it has entered, can, in any manner, alter or amend +the work, lectures, and ceremonies of the institution. As its members +have received the ritual from their predecessors, so are they bound to +transmit it, unchanged, in the slightest degree, to their successors. In +the Grand Lodge, alone, resides the power of enacting new regulations; +but, even <i>it</i> must be careful that, in every such regulation, the +landmarks are preserved. When, therefore, we hear young and inexperienced +Masters speak of making improvements (as they arrogantly call them) upon +the old lectures or ceremonies, we may be sure that such Masters either +know nothing of the duties they owe to the craft, or are willfully +forgetful of the solemn obligation which they have contracted. Some may +suppose that the ancient ritual of the Order is imperfect, and requires +amendment. One may think that the ceremonies are too simple, and wish to +increase them; another, that they are too complicated, and desire to +simplify them; one may be displeased with the antiquated language; +another, with the character of the traditions; a third, with something +else. But, the rule is imperative and absolute, that no change can or must +be made to gratify individual taste. As the Barons of England, once, with +unanimous voice, exclaimed, "Nolumus leges Angliæ mutare!" so do all good +Masons respond to every attempt at innovation, "We are unwilling to alter +the customs of Freemasonry."</p> + +<p>In relation to the election of officers, a subordinate lodge is allowed to +exercise no discretion. The names and duties of these officers are +prescribed, partly by the landmarks or the ancient constitutions, and +partly by the regulations of various Grand Lodges. While the landmarks are +preserved, a Grand Lodge may add to the list of officers as it pleases; +and whatever may be its regulation, the subordinate lodges are bound to +obey it; nor can any such lodge create new offices nor abolish old ones +without the consent of the Grand Lodge.</p> + +<p>Lodges are also bound to elect their officers at a time which is always +determined; not by the subordinate, but by the Grand Lodge. Nor can a +lodge anticipate or postpone it unless by a dispensation from the Grand +Master.</p> + +<p>No lodge can, at an extra meeting, alter or amend the proceedings of a +regular meeting. If such were not the rule, an unworthy Master might, by +stealth, convoke an extra meeting of a part of his lodge, and, by +expunging or altering the proceedings of the previous regular meeting, or +any particular part of them, annul any measures or resolutions that were +not consonant with his peculiar views.</p> + +<p>No lodge can interfere with the work or business of any other lodge, +without its permission. This is an old regulation, founded on those +principles of comity and brotherly love that should exist among all +Masons. It is declared in the manuscript charges, written in the reign of +James II., and in the possession of the Lodge of Antiquity, at London, +that "no Master or Fellow shall supplant others of their work; that is to +say, that, if he hath taken a work, or else stand Master of any work, that +he shall not put him out, unless he be unable of cunning to make an end of +his work." And, hence, no lodge can pass or raise a candidate who was +initiated, or initiate one who was rejected, in another lodge. "It would +be highly improper," says the Ahiman Rezon, "in any lodge, to confer a +degree on a Brother who is not of their house-hold; for, every lodge +ought to be competent to manage their own business, and are the best +judges of the qualifications of their own members."</p> + +<p>I do not intend, at the present time, to investigate the qualifications of +candidates—as that subject will, in itself, afford ample materials for a +future investigation; but, it is necessary that I should say something of +the restrictions under which every lodge labors in respect to the +admission of persons applying for degrees.</p> + +<p>In the first place, no lodge can initiate a candidate, "without previous +notice, and due examination into his character; and not unless his +petition has been read at one regular meeting and acted on at another." +This is in accordance with the ancient regulations; but, an exception to +it is allowed in the case of an emergency, when the lodge may read the +petition for admission, and, if the applicant is well recommended, may +proceed at once to elect and initiate him. In some jurisdictions, the +nature of the emergency must be stated to the Grand Master, who, if he +approves, will grant a dispensation; but, in others, the Master, or Master +and Wardens, are permitted to be competent judges, and may proceed to +elect and initiate, without such dispensation. The Grand Lodge of South +Carolina adheres to the former custom, and that of England to the latter.</p> + +<p>Another regulation is, that no lodge can confer more than two degrees, at +one communication, on the same candidate. The Grand Lodge of England is +still more stringent on this subject, and declares that "no candidate +shall be permitted to receive more than one degree, on the same day; nor +shall a higher degree in Masonry be conferred on any Brother at a less +interval than four weeks from his receiving a previous degree, nor until +he has passed an examination, in open lodge, in that degree." This rule is +also in force in South Carolina and several other of the American +jurisdictions. But, the law which forbids the whole three degrees of +Ancient Craft Masonry to be conferred, at the same communication, on one +candidate, is universal in its application, and, as such, may be deemed +one of the ancient landmarks of the Order.</p> + +<p>There is another rule, which seems to be of universal extent, and is, +indeed, contained in the General Regulations of 1767, to the following +effect: "No lodge shall make more than five new Brothers at one and the +same time, without an urgent necessity."</p> + +<p>All lodges are bound to hold their meetings at least once in every +calendar month; and every lodge neglecting so to do for one year, thereby +forfeits its warrant of constitution.</p> + +<p>The subject of the removal of lodges is the last thing that shall engage +our attention. Here the ancient regulations of the craft have adopted many +guards to prevent the capricious or improper removal of a lodge from its +regular place of meeting. In the first place, no lodge can be removed from +the town in which it is situated, to any other place, without the consent +of the Grand Lodge. But, a lodge may remove from one part of the town to +another, with the consent of the members, under the following +restrictions: The removal cannot be made without the Master's knowledge; +nor can any motion, for that purpose, be presented in his absence. When +such a motion is made, and properly seconded, the Master will order +summonses to every member, specifying the business, and appointing a day +for considering and determining the affair. And if then a majority of the +lodge, with the Master, or two-thirds, without him, consent to the +removal, it shall take place; but notice thereof must be sent, at once, to +the Grand Lodge. The General Regulations of 1767 further declare, that +such removal must be approved by the Grand Master. I suppose that where +the removal of the lodge was only a matter of convenience to the members, +the Grand Lodge would hardly interfere, but leave the whole subject to +their discretion; but, where the removal would be calculated to affect the +interests of the lodge, or of the fraternity—as in the case of a removal +to a house of bad reputation, or to a place of evident insecurity—I have +no doubt that the Grand Lodge, as the conservator of the character and +safety of the institution, would have a right to interpose its authority, +and prevent the improper removal.</p> + +<p>I have thus treated, as concisely as the important nature of the subjects +would permit, of the powers, privileges, duties, and obligations of +lodges, and have endeavored to embrace, within the limits of the +discussion, all those prominent principles of the Order, which, as they +affect the character and operations of the craft in their primary +assemblies, may properly be referred to the Law of Subordinate Lodges.</p> +</div></div> + + +<div class="chapter" id="b2-04"> +<h3>Chapter IV.</h3> + +<h4>Of the Officers of a Subordinate Lodge.</h4> + + +<div class="sec" id="b2-04-01"> +<h4>Section I.</h4> + +<h5><i>Of the Officers in General.</i></h5> + + +<p>Four officers, at least, the ancient customs of the craft require in every +lodge; and they are consequently found throughout the globe. These are the +Master, the two Wardens, and the Tiler. Almost equally universal are the +offices of Treasurer, Secretary, and two Deacons. But, besides these, +there may be additional officers appointed by different Grand Lodges. The +Grand Lodge of England, for instance, requires the appointment of an +officer, called the "Inner Guard." The Grand Orient of France has +prescribed a variety of officers, which are unknown to English and +American Masonry. The Grand Lodges of England and South Carolina direct +that two Stewards shall be appointed, while some other Grand Lodges make +no such requisition. Ancient usage seems to have recognized the following +officers of a subordinate lodge: the Master, two Wardens, Treasurer, +Secretary, two Deacons, two Stewards, and Tiler; and I shall therefore +treat of the duties and powers of these officers only, in the course of +the present chapter.</p> + +<p>The officers of a lodge are elected annually. In this country, the +election takes place on the festival of St. John the Evangelist, or at the +meeting immediately previous; but, in this latter case, the duties of the +offices do not commence until St. John's day, which may, therefore, be +considered as the beginning of the masonic year.</p> + +<p>Dalcho lays down the rule, that "no Freemason chosen into any office can +refuse to serve (unless he has before filled the same office), without +incurring the penalties established by the bye-laws." Undoubtedly a lodge +may enact such a regulation, and affix any reasonable penalty; but I am +not aware of any ancient regulation which makes it incumbent on +subordinate lodges to do so.</p> + +<p>If any of the subordinate officers, except the Master and Wardens, die, or +be removed from office, during the year, the lodge may, under the +authority of a dispensation from the Grand Master, enter into an election +to supply the vacancy. But in the case of the death or removal of the +Master or either of the Wardens, no election can be held to supply the +vacancy, even by dispensation, for reasons which will appear when I come +to treat of those offices.</p> + +<p>No officer can resign his office after he has been installed. Every +officer is elected for twelve months, and at his installation solemnly +promises to perform the duties of that office until the next regular day +of election; and hence the lodge cannot permit him, by a resignation, to +violate his obligation of office.</p> + +<p>Another rule is, that every officer holds on to his office until his +successor has been installed. It is the installation, and not the +election, which puts an officer into possession; and the faithful +management of the affairs of Masonry requires, that between the election +and installation of his successor, the predecessor shall not vacate the +office, but continue to discharge its duties.</p> + +<p>An office can be vacated only by death, permanent removal from the +jurisdiction, or expulsion. Suspension does not vacate, but only suspends +the performance of the duties of the office, which must then be +temporarily discharged by some other person, to be appointed from time to +time; for, as soon as the suspended officer is restored, he resumes the +dignities and duties of his office.</p> +</div> + +<div class="sec" id="b2-04-02"> +<h4>Section II.</h4> + +<h5><i>Of the Worshipful Master.</i></h5> + + +<p>This is probably the most important office in the whole system of Masonry, +as, upon the intelligence, skill, and fidelity of the Masters of our +lodges, the entire institution is dependent for its prosperity. It is an +office which is charged with heavy responsibilities, and, as a just +consequence, is accompanied by the investiture of many important powers.</p> + +<p>A necessary qualification of the Master of a lodge is, that he must have +previously served in the office of a Warden.<sup><a href="#fn48">48</a></sup> This qualification is +sometimes dispensed with in the case of new lodges, or where no member of +an old lodge, who has served as a Warden, will accept the office of +Master. But it is not necessary that he should have served as a Warden in +the lodge of which he is proposed to be elected Master. The discharge of +the duties of a Warden, by regular election and installation in any other +lodge, and at any former period, will be a sufficient qualification.</p> + +<p>One of the most important duties of the Master of a lodge is, to see that +the edicts and regulations of the Grand Lodge are obeyed by his Brethren, +and that his officers faithfully discharge their duties.</p> + +<p>The Master has particularly in charge the warrant of Constitution, which +must always be present in his lodge, when opened.</p> + +<p>The Master has a right to call a special meeting of his lodge whenever he +pleases, and is the sole judge of any emergency which may require such +special communication.</p> + +<p>He has, also, the right of closing his lodge at any hour that he may deem +expedient, notwithstanding the whole business of the evening may not have +been transacted. This regulation arises from the unwritten law of Masonry. +As the Master is responsible to the Grand Lodge for the fidelity of the +work done in his lodge, and as the whole of the labor is, therefore, +performed under his superintendence, it follows that, to enable him to +discharge this responsibility, he must be invested with the power of +commencing, of continuing, or of suspending labor at such time as he may, +in his wisdom, deem to be the most advantageous to the edifice of Masonry.</p> + +<p>It follows from this rule that a question of adjournment cannot be +entertained in a lodge. The adoption of a resolution to adjourn, would +involve the necessity of the Master to obey it. The power, therefore, of +controlling the work, would be taken out of his hands and placed in those +of the members, which would be in direct conflict with the duties imposed +upon him by the ritual. The doctrine that a lodge cannot adjourn, but must +be closed or called off at the pleasure of the Master, appears now to me +to be very generally admitted.</p> + +<p>The Master and his two Wardens constitute the representatives of the lodge +in the Grand Lodge, and it is his duty to attend the communications of +that body "on all convenient occasions."<sup><a href="#fn49">49</a></sup> When there, he is faithfully +to represent his lodge, and on all questions discussed, to obey its +instructions, voting in every case rather against his own convictions than +against the expressed wish of his lodge.</p> + +<p>The Master presides not only over the symbolic work of the lodge, but +also over its business deliberations, and in either case his decisions are +reversible only by the Grand Lodge. There can be no appeal from his +decision, on any question, to the lodge. He is supreme in his lodge, so +far as the lodge is concerned, being amenable for his conduct in the +government of it, not to its members, but to the Grrand Lodge alone. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. If a member is aggrieved by the +conduct or decisions of the Master, he has his redress by an appeal to the +Grrand Lodge, which will, of course, see that the Master does not rule his +lodge "in an unjust or arbitrary manner." But such a thing as an appeal +from the Master of the lodge to its members is unknown in Masonry.</p> + +<p>This may, at first sight, appear to be giving too despotic power to the +Master. But a slight reflection will convince any one that there can be +but little danger of oppression from one so guarded and controlled as a +Master is, by the sacred obligations of his office, and the supervision of +the Grand Lodge, while the placing in the hands of the craft so powerful, +and at times, and with bad spirits, so annoying a privilege as that of +immediate appeal, would necessarily tend to impair the energies and +lessen the dignity of the Master, while it would be subversive of that +spirit of discipline which pervades every part of the institution, and to +which it is mainly indebted for its prosperity and perpetuity.</p> + +<p>The ancient charges rehearsed at the installation of a Master, prescribe +the various moral qualifications which are required in the aspirant for +that elevated and responsible office. He is to be a good man, and +peaceable citizen or subject, a respecter of the laws, and a lover of his +Brethren—cultivating the social virtues and promoting the general good of +society as well as of his own Order.</p> + +<p>Within the last few years, the standard of intellectual qualifications has +been greatly elevated. And it is now admitted that the Master of a lodge, +to do justice to the exalted office which he holds, to the craft over whom +he presides, and to the candidates whom he is to instruct, should be not +only a man of irreproachable moral character, but also of expanded +intellect and liberal education. Still, as there is no express law upon +this subject, the selection of a Master and the determination of his +qualifications must be left to the judgment and good sense of the +members.</p> +</div> + +<div class="sec" id="b2-04-03"> +<h4>Section III.</h4> + +<h5><i>Of the Wardens.</i></h5> + + +<p>The Senior and Junior Warden are the assistants of the Master in the +government of the lodge. They are selected from among the members on the +floor, the possession of a previous office not being, as in the case of +the Master, a necessary qualification for election. In England they are +appointed by the Master, but in this country they are universally elected +by the lodge.</p> + +<p>During the temporary absence of the Master the Senior Warden has the right +of presiding, though he may, and often does by courtesy, invite a Past +Master to assume the chair. In like manner, in the absence of both Master +and Senior Warden, the Junior Warden will preside, and competent Brethren +will by him be appointed to fill the vacant seats of the Wardens. But if +the Master and Junior Warden be present, and the Senior Warden be absent, +the Junior Warden does not occupy the West, but retains his own station, +the Master appointing some Brother to occupy the station of the Senior +Warden. For the Junior Warden succeeds by law only to the office of +Master, and, unless that office be vacant, he is bound to fulfill the +duties of the office to which he has been obligated.</p> + +<p>In case of the death, removal from the jurisdiction, or expulsion of the +Master, by the Grand Lodge, no election can be held until the +constitutional period. The Senior Warden will take the Master's place and +preside over the lodge, while his seat will be temporarily filled from +time to time by appointment. The Senior Warden being in fact still in +existence, and only discharging one of the highest duties of his office, +that of presiding in the absence of the Master, his office cannot be +declared vacant and there can be no election for it. In such case, the +Junior Warden, for the reason already assigned, will continue at his own +station in the South.</p> + +<p>In case of the death, removal, or expulsion of both Master and Senior +Warden, the Junior Warden will discharge the duties of the Mastership and +make temporary appointments of both Wardens. It must always be remembered +that the Wardens succeed according to seniority to the office of Master +when vacant, but that neither can legally discharge the duties of the +other. It must also be remembered that when a Warden succeeds to the +government of the lodge, he does not become the Master; he is still only +a Warden discharging the functions of a higher vacated station, as one of +the expressed duties of his own office. A recollection of these +distinctions will enable us to avoid much embarrassment in the +consideration of all the questions incident to this subject. If the Master +be present, the Wardens assist him in the government of the lodge. The +Senior Warden presides over the craft while at labor, and the Junior when +they are in refreshment. Formerly the examination of visitors was +intrusted to the Junior Warden, but this duty is now more appropriately +performed by the Stewards or a special committee appointed for that +purpose.</p> + +<p>The Senior Warden has the appointment of the Senior Deacon, and the Junior +Warden that of the Stewards.</p> +</div> + +<div class="sec" id="b2-04-04"> +<h4>Section IV.</h4> + +<h5><i>Of the Treasurer.</i></h5> + + +<p>Of so much importance is this office deemed, that in English Lodges, while +all the other officers are appointed by the Master, the Treasurer alone is +elected by the lodge. It is, however, singular, that in the ritual of +installation, Preston furnishes no address to the Treasurer on his +investiture. Webb, however, has supplied the omission, and the charge +given in his work to this officer, on the night of his installation, +having been universally acknowledged and adopted by the craft in this +country, will furnish us with the most important points of the law in +relation to his duties.</p> + +<p>It is, then, in the first place, the duty of the Treasurer "to receive all +moneys from the hands of the Secretary." The Treasurer is only the banker +of the lodge. All fees for initiation, arrearages of members, and all +other dues to the lodge, should be first received by the Secretary, and +paid immediately over to the Treasurer for safe keeping.</p> + +<p>The keeping of just and regular accounts is another duty presented to the +Treasurer. As soon as he has received an amount of money from the +Secretary, he should transfer the account of it to his books. By this +means, the Secretary and Treasurer become mutual checks upon each other, +and the safety of the funds of the lodge is secured.</p> + +<p>The Treasurer is not only the banker, but also the disbursing officer of +the lodge; but he is directed to pay no money except with the consent of +the lodge and on the order of the Worshipful Master. It seems to me, +therefore, that every warrant drawn on him should be signed by the Master, +and the action of the lodge attested by the counter-signature of the +Secretary.</p> + +<p>It is usual, in consequence of the great responsibility of the Treasurer, +to select some Brother of worldly substance for the office; and still +further to insure the safety of the funds, by exacting from him a bond, +with sufficient security. He sometimes receives a per centage, or a fixed +salary, for his services.</p> +</div> + +<div class="sec" id="b2-04-05"> +<h4>Section V.</h4> + +<h5><i>Of the Secretary.</i></h5> + + +<p>It is the duty of the Secretary to record all the proceedings of the +lodge, "which may be committed to paper;" to conduct the correspondence of +the lodge, and to receive all moneys due the lodge from any source +whatsoever. He is, therefore, the recording, corresponding, and receiving +officer of the lodge. By receiving the moneys due to the lodge in the +first place, and then paying them over to the Treasurer, he becomes, as I +have already observed, a check upon that officer.</p> + +<p>In view of the many laborious duties which devolve upon him, the +Secretary, in many lodges, receives a compensation for his services.</p> + +<p>Should the Treasurer or Secretary die or be expelled, there is no doubt +that an election for a successor, to fill the unexpired term, may be held +by dispensation from the Grand Master. But the incompetency of either of +these officers to perform his duties, by reason of the infirmity of +sickness or removal from the seat of the lodge, will not, I think, +authorize such an election. Because the original officer may recover from +his infirmity, or return to his residence, and, in either case, having +been elected and installed for one year, he must remain the Secretary or +Treasurer until the expiration of the period for which he had been so +elected and installed, and, therefore, on his recovery or his return, is +entitled to resume all the prerogatives and functions of his office. The +case of death, or of expulsion, which is, in fact, masonic death, is +different, because all the rights possessed during life cease <i>ex +necessitate rei</i>, and forever lapse at the time of the said physical or +masonic death; and in the latter case, a restoration to all the rights and +privileges of Masonry would not restore the party to any office which he +had held at the time of his expulsion.</p> +</div> + +<div class="sec" id="b2-04-06"> +<h4>Section VI.</h4> + +<h5><i>Of the Deacons.</i></h5> + + +<p>In every lodge there are two of these officers—a Senior and a Junior +Deacon. They are not elected, but appointed; the former by the Master, and +the latter by the Senior Warden.</p> + +<p>The duties of these officers are many and important; but they are so well +defined in the ritual as to require no further consideration in this +place.</p> + +<p>The only question that here invites our examination is, whether the +Deacons, as appointed officers, are removable at the pleasure of the +officers who appointed them; or, whether they retain their offices, like +the Master and Wardens, until the expiration of the year. Masonic +authorities are silent on this subject; but, basing my judgment upon +analogy, I am inclined to think that they are not removable: all the +officers of a lodge are chosen to serve for one year, or, from one +festival of St. John the Evangelist to the succeeding one. This has been +the invariable usage in all lodges, and neither in the monitorial +ceremonies of installation, nor in any rules or regulations which I have +seen, is any exception to this usage made in respect to Deacons. The +written as well as the oral law of Masonry being silent on this subject, +we are bound to give them the benefit of this silence, and place them in +the same favorable position as that occupied by the superior officers, +who, we know, by express law are entitled to occupy their stations for one +year. Moreover, the power of removal is too important to be exercised +except under the sanction of an expressed law, and is contrary to the +whole spirit of Masonry, which, while it invests a presiding officer with +the largest extent of prerogative, is equally careful of the rights of the +youngest member of the fraternity.</p> + +<p>From these reasons I am compelled to believe that the Deacons, although +originally appointed by the Master and Senior Warden, are not removable by +either, but retain their offices until the expiration of the year.</p> +</div> + +<div class="sec" id="b2-04-07"> +<h4>Section VII.</h4> + +<h5><i>Of the Stewards.</i></h5> + + +<p>The Stewards, who are two in number, are appointed by the Junior Warden, +and sit on the right and left of him in the lodge. Their original duties +were, "to assist in the collection of dues and subscriptions; to keep an +account of the lodge expenses; to see that the tables are properly +furnished at refreshment, and that every Brother is suitably provided +for." They are also considered as the assistants of the Deacons in the +discharge of their duties, and, lately, some lodges are beginning to +confide to them the important trusts of a standing committee for the +examination of visitors and the preparation of candidates.</p> + +<p>What has been said in relation to the removal of the Deacons in the +preceding section, is equally applicable to the Stewards.</p> +</div> + +<div class="sec" id="b2-04-08"> +<h4>Section VIII.</h4> + +<h5><i>Of the Tiler.</i></h5> + + +<p>This is an office of great importance, and must, from the peculiar nature +of our institution, have existed from its very beginning. No lodge could +ever have been opened until a Tiler was appointed, and stationed to guard +its portals from the approach of "cowans and eavesdroppers." The +qualifications requisite for the office of a Tiler are, that he must be "a +worthy Master Mason." An Entered Apprentice, or a Fellow Craft, cannot +tile a lodge, even though it be opened in his own degree. To none but +Master Masons can this important duty of guardianship be intrusted. The +Tiler is not necessarily a member of the lodge which he tiles. There is no +regulation requiring this qualification. In fact, in large cities, one +Brother often acts as the Tiler of several lodges. If, however, he is a +member of the lodge, his office does not deprive him of the rights of +membership, and in ballotings for candidates, election of officers, or +other important questions, he is entitled to exercise his privilege of +voting, in which case the Junior Deacon will temporarily occupy his +station, while he enters the lodge to deposit his ballot. This appears to +be the general usage of the craft in this country.</p> + +<p>The Tiler is sometimes elected by the lodge, and sometimes appointed by +the Master. It seems generally to be admitted that he may be removed from +office for misconduct or neglect of duty, by the lodge, if he has been +elected, and by the Master, if he has been appointed.</p> +</div></div> + + +<div class="chapter" id="b2-05"> +<h3>Chapter V.</h3> + +<h4>Of Rules of Order.</h4> + + + +<p>The safety of the minority, the preservation of harmony, and the dispatch +of business, all require that there should be, in every well-regulated +society, some rules and forms for the government of their proceedings, +and, as has been justly observed by an able writer on parliamentary law, +"whether these forms be in all cases the most rational or not, is really +not of so great importance; for it is much more material that there should +be a rule to go by, than what that rule is."<sup><a href="#fn50">50</a></sup> By common consent, the +rules established for the government of Parliament in England, and of +Congress in the United States, and which are known collectively under the +name of "Parliamentary Law," have been adopted for the regulation of all +deliberative bodies, whether of a public or private nature. But lodges of +Freemasons differ so much in their organization and character from other +societies, that this law will, in very few cases, be found applicable; +and, indeed, in many positively inapplicable to them. The rules, +therefore, for the government of masonic lodges are in general to be +deduced from the usages of the Order, from traditional or written +authority, and where both of them are silent, from analogy to the +character of the institution. To each of these sources, therefore, I shall +apply, in the course of the present chapter, and in some few instances, +where the parliamentary law coincides with our own, reference will be made +to the authority of the best writers on that science.</p> + + +<div class="sec" id="b2-05-01"> +<h4>Section I.</h4> + +<h5><i>Of the Order of Business.</i></h5> + + +<p>When the Brethren have been "congregated," or called together by the +presiding officer, the first thing to be attended to is the ceremony of +opening the lodge. The consideration of this subject, as it is +sufficiently detailed in our ritual, will form no part of the present +work.</p> + +<p>The lodge having been opened, the next thing to be attended to is the +reading of the minutes of the last communication. The minutes having been +read, the presiding officer will put the question on their confirmation, +having first inquired of the Senior and Junior Wardens, and lastly of the +Brethren "around the lodge," whether they have any alterations to propose. +It must be borne in mind, that the question of confirmation is simply a +question whether the Secretary has faithfully and correctly recorded the +transactions of the lodge. If, therefore, it can be satisfactorily shown +by any one that there is a mis-entry, or the omission of an entry, this is +the time to correct it; and where the matter is of sufficient importance, +and the recording officer, or any member disputes the charge of error, the +vote of the lodge will be taken on the subject, and the journal will be +amended or remain as written, according to the opinion so expressed by the +majority of the members. As this is, however, a mere question of memory, +it must be apparent that those members only who were present at the +previous communication, the records of which are under examination, are +qualified to express a fair opinion. All others should ask and be +permitted to be excused from voting.</p> + +<p>As no special communication can alter or amend the proceedings of a +regular one, it is not deemed necessary to present the records of the +latter to the inspection of the former. This preliminary reading of the +minutes is, therefore, always omitted at special communications.</p> + +<p>After the reading of the minutes, unfinished business, such as motions +previously submitted and reports of committees previously appointed, will +take the preference of all other matters. Special communications being +called for the consideration of some special subject, that subject must of +course claim the priority of consideration over all others.</p> + +<p>In like manner, where any business has been specially and specifically +postponed to another communication, it constitutes at that communication +what is called, in parliamentary law, "the order of the day," and may at +any time in the course of the evening be called up, to the exclusion of +all other business.</p> + +<p>The lodge may, however, at its discretion, refuse to take up the +consideration of such order; for the same body which determined at one +time to consider a question, may at another time refuse to do so. This is +one of those instances in which parliamentary usage is applicable to the +government of a lodge. Jefferson says: "Where an order is made, that any +particular matter be taken up on any particular day, there a question is +to be put, when it is called for, Whether the house will now proceed to +that matter?" In a lodge, however, it is not the usage to propose such a +question, but the matter being called up, is discussed and acted on, +unless some Brother moves its postponement, when the question of +postponement is put.</p> + +<p>But with these exceptions, the unfinished business must first be disposed +of, to avoid its accumulation and its possible subsequent neglect.<sup><a href="#fn51">51</a></sup></p> + +<p>New business will then be taken up in such order as the local bye-laws +prescribe, or the wisdom of the Worshipful Master may suggest.</p> + +<p>In a discussion, when any member wishes to speak, he must stand up in his +place, and address himself not to the lodge, nor to any particular +Brother, but to the presiding officer, styling him "Worshipful."</p> + +<p>When two or more members rise nearly together, the presiding officer +determines who is entitled to speak, and calls him by his name, whereupon +he proceeds, unless he voluntarily sits down, and gives way to the other. +The ordinary rules of courtesy, which should govern a masonic body above +all other societies, as well as the general usage of deliberative bodies, +require that the one first up should be entitled to the floor. But the +decision of this fact is left entirely to the Master, or presiding +officer.</p> + +<p>Whether a member be entitled to speak once or twice to the same question, +is left to the regulation of the local bye-laws of every lodge. But, under +all circumstances, it seems to be conceded, that a member may rise at any +time with the permission of the presiding officer, or for the purpose of +explanation.</p> + +<p>A member may be called to order by any other while speaking, for the use +of any indecorous remark, personal allusion, or irrelevant matter; but +this must be done in a courteous and conciliatory manner, and the question +of order will at once be decided by the presiding officer.</p> + +<p>No Brother is to be interrupted while speaking, except for the purpose of +calling him to order, or to make a necessary explanation; nor are any +separate conversations, or, as they are called in our ancient charges, +"private committees," to be allowed.</p> + +<p>Every member of the Order is, in the course of the debate as well as at +all other times in the lodge, to be addressed by the title of "Brother," +and no secular or worldly titles are ever to be used.</p> + +<p>In accordance with the principles of justice, the parliamentary usage is +adopted, which permits the mover of a resolution to make the concluding +speech, that he may reply to all those who have spoken against it, and sum +up the arguments in its favor. And it would be a breach of order as well +as of courtesy for any of his opponents to respond to this final argument +of the mover.</p> + +<p>It is within the discretion of the Master, at any time in the course of +the evening, to suspend the business of the lodge for the purpose of +proceeding to the ceremony of initiation, for the "work" of Masonry, as it +is technically called, takes precedence of all other business.</p> + +<p>When all business, both old and new, and the initiation of candidates, if +there be any, has been disposed of, the presiding officer inquires of the +officers and members if there be anything more to be proposed before +closing. Custom has prescribed a formulary for making this inquiry, which +is in the following words.</p> + +<p>The Worshipful Master, addressing the Senior and Junior Wardens and then +the Brethren, successively, says: "Brother Senior, have you anything to +offer in the West for the good of Masonry in general or of this lodge in +particular? Anything in the South, Brother Junior? Around the lodge, +Brethren?" The answers to these inquiries being in the negative on the +part of the Wardens, and silence on that of the craft, the Master proceeds +to close the lodge in the manner prescribed in the ritual.</p> + +<p>The reading of the minutes of the evening, not for confirmation, but for +suggestion, lest anything may have been omitted, should always precede the +closing ceremonies, unless, from the lateness of the hour, it be dispensed +with by the members.</p> +</div> + +<div class="sec" id="b2-05-02"> +<h4>Section II.</h4> + +<h5><i>Of Appeals from the Decision of the Chair.</i></h5> + + +<p>Freemasonry differs from all other institutions, in permitting no appeal +to the lodge from the decision of the presiding officer. The Master is +supreme in his lodge, so far as the lodge is concerned. He is amenable +for his conduct, in the government of the lodge, not to its members, but +to the Grand Lodge alone. In deciding points of order as well as graver +matters, no appeal can be taken from that decision to the lodge. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. It is, in fact, wrong that the +Master should even by courtesy permit such an appeal to be taken; because, +as the Committee of Correspondence of the Grand Lodge of Tennessee have +wisely remarked, by the admission of such appeals by <i>courtesy</i>, "is +established ultimately a precedent from which will be claimed <i>the right +to take</i> appeals."<sup><a href="#fn52">52</a></sup> If a member is aggrieved with the conduct or the +decisions of the Master, he has his redress by an appeal to the Grand +Lodge, which will of course see that the Master does not rule his lodge +"in an unjust or arbitrary manner." But such a thing as an appeal from the +Master to the lodge is unknown in Masonry.</p> + +<p>This, at first view, may appear to be giving too despotic a power to the +Master. But a little reflection will convince any one that there can be +but slight danger of oppression from one so guarded and controlled as the +Master is by the obligations of his office and the superintendence of the +Grand Lodge, while the placing in the hands of the craft so powerful, and, +with bad spirits, so annoying a privilege as that of immediate appeal, +would necessarily tend to impair the energies and lessen the dignity of +the Master, at the same time that it would be totally subversive of that +spirit of strict discipline which pervades every part of the institution, +and to which it is mainly indebted for its prosperity and perpetuity.</p> + +<p>In every case where a member supposes himself to be aggrieved by the +decision of the Master, he should make his appeal to the Grand Lodge.</p> + +<p>It is scarcely necessary to add, that a Warden or Past Master, presiding +in the absence of the Master, assumes for the time all the rights and +prerogatives of the Master.</p> +</div> + +<div class="sec" id="b2-05-03"> +<h4>Section III.</h4> + +<h5><i>Of the Mode of Taking the Question.</i></h5> + + +<p>The question in Masonry is not taken <i>viva voce</i> or by "aye" and "nay." +This should always be done by "a show of hands." The regulation on this +subject was adopted not later than the year 1754, at which time the Book +of Constitutions was revised, "and the necessary alterations and additions +made, consistent with the laws and rules of Masonry," and accordingly, in +the edition published in the following year, the regulation is laid down +in these words—"The opinions or votes of the members are always to be +signified by each holding up one of his hands: which uplifted hands the +Grand Wardens are to count; unless the number of hands be so unequal as to +render the counting useless. Nor should any other kind of division be ever +admitted among Masons."<sup><a href="#fn53">53</a></sup></p> + +<p>Calling for the yeas and nays has been almost universally condemned as an +unmasonic practice, nor should any Master allow it to be resorted to in +his lodge.</p> + +<p>Moving the "previous question," a parliamentary invention for stopping all +discussion, is still more at variance with the liberal and harmonious +spirit which should distinguish masonic debates, and is, therefore, never +to be permitted in a lodge.</p> +</div> + +<div class="sec" id="b2-05-04"> +<h4>Section IV.</h4> + +<h5><i>Of Adjournments.</i></h5> + + +<p>Adjournment is a term not recognized in Masonry. There are but two ways in +which the communication of a lodge can be terminated; and these are either +by <i>closing</i> the lodge, or by <i>calling from labor to refreshment</i>. In the +former case the business of the communication is finally disposed of until +the next communication; in the latter the lodge is still supposed to be +open and may resume its labors at any time indicated by the Master.</p> + +<p>But both the time of closing the lodge and of calling it from labor to +refreshment is to be determined by the absolute will and the free judgment +of the Worshipful Master, to whom alone is intrusted the care of "setting +the craft to work, and giving them wholesome instruction for labor." He +alone is responsible to the Grand Master and the Grand Lodge, that his +lodge shall be opened, continued, and closed in harmony; and as it is by +his "will and pleasure" only that it is opened, so is it by his "will and +pleasure" only that it can be closed. Any attempt, therefore, on the part +of the lodge to entertain a motion for adjournment would be an +infringement of this prerogative of the Master. Such a motion is, +therefore, always out of order, and cannot be; and cannot be acted on.</p> + +<p>The rule that a lodge cannot adjourn, but remain in session until closed +by the Master, derives an authoritative sanction also from the following +clause in the fifth of the Old Charges.</p> + +<p>"All Masons employed shall meekly receive their wages without murmuring or +mutiny, <i>and not desert the Master till the work is finished</i>."</p> +</div> + +<div class="sec" id="b2-05-05"> +<h4>Section V.</h4> + +<h5><i>Of the Appointment of Committees.</i></h5> + + +<p>It is the prerogative of the Master to appoint all Committees, unless by a +special resolution provision has been made that a committee shall +otherwise be appointed.</p> + +<p>The Master is also, <i>ex officio</i>, chairman of every committee which he +chooses to attend, although he may not originally have been named a member +of such committee. But he may, if he chooses, waive this privilege; yet he +may, at any time during the session of the committee, reassume his +inherent prerogative of governing the craft at all times when in his +presence, and therefore take the chair.</p> +</div> + +<div class="sec" id="b2-05-06"> +<h4>Section VI.</h4> + +<h5><i>Of the Mode of Keeping the Minutes.</i></h5> + + +<p>Masonry is preeminently an institution of forms, and hence, as was to be +expected, there is a particular form provided for recording the +proceedings of a lodge. Perhaps the best method of communicating this form +to the reader will be, to record the proceedings of a supposititious +meeting or communication.</p> + +<p>The following form, therefore, embraces the most important transactions +that usually occur during the session of a lodge, and it may serve as an +exemplar, for the use of secretaries.</p> + +<p>"A regular communication of —— Lodge, NO. ——, was holden at ——; on +----, the —— day of ——A.: L.: 58—.</p> + +<pre> + Present. + + Bro.: A. B——, W.: Master. + " B. C——, S.: Warden. + " C. D——, J.: Warden. + " D. E——, Treasurer. + " E. F——, Secretary. + " F. G——, S.: Deacon. + " G. H——, J.: Deacon. + " H. I——, } Stewards. + " I. K——, } + " K. L——, Tiler. + + <i>Members.</i> + Bro.: L. M—— + M. N—— + N. O—— + O. P—— + + <i>Visitors.</i> + P. Q—— + Q. R—— + R. S—— + S. T—— +</pre> + +<p>The Lodge was opened in due form on the third degree of Masonry.</p> + +<p>"The minutes of the regular communication of —— were read and +confirmed.<sup><a href="#fn54">54</a></sup></p> + +<p>"The committee on the petition of Mr. C. B., a candidate for initiation, +reported favorably, whereupon he was balloted for and duly elected.</p> + +<p>"The committee on the application of Mr. D. C., a candidate for +initiation, reported favorably, whereupon he was balloted for, and the box +appearing foul he was rejected.</p> + +<p>"The committee on the application of Mr. E. D., a candidate for initiation, +having reported unfavorably, he was declared rejected without a ballot.</p> + +<p>"The petition of Mr. F. E., a candidate for initiation, having been +withdrawn by his friends, he was declared rejected without a ballot.</p> + +<p>"A petition for initiation from Mr. G.F., inclosing the usual amount and +recommended by Bros. C. D.—— and H. I.——, was referred to a committee +of investigation consisting of Bros. G. H.——, L. M.——, and O. P.——.</p> + +<p>"Bro. S.R., an Entered Apprentice, having applied for advancement, was +duly elected to take the second degree; and Bro. W.Y., a Fellow Craft, +was, on his application for advancement, duly elected to take the third +degree.</p> + +<p>"A letter was read from Mrs. T. V.——, the widow of a Master Mason, when +the sum of twenty dollars was voted for her relief.</p> + +<p>"The amendment to article 10, section 5 of the bye-laws, proposed by Bro. +M. N. —— at the communication of ——, was read a third time, adopted by +a constitutional majority and ordered to be sent to the Grand Lodge for +approval and confirmation.</p> + +<p>"The Lodge of Master Masons was then closed, and a lodge of Entered +Apprentices opened in due form.</p> + +<p>"Mr. C. B., a candidate for initiation, being in waiting, was duly +prepared, brought forward and initiated as an Entered Apprentice, he +paying the usual fee.</p> + +<p>"The Lodge of Entered Apprentices was then closed, and a Lodge of Fellow +Crafts opened in due form.</p> + +<p>"Bro. S. R., an Entered Apprentice, being in waiting, was duly prepared, +brought forward and passed to the degree of a Fellow Craft, he paying the +usual fee.</p> + +<p>"The Lodge of Fellow Crafts was then closed, and a lodge of Master Masons +opened in due form.</p> + +<p>"Bro. W. Y., a Fellow Craft, being in waiting, was duly prepared, brought +forward and raised to the sublime degree of a Master Mason, he paying the +usual fee.</p> + +<p>Amount received this evening, as follows:</p> + +<table summary="amount received"> +<tr><td> Petition </td><td>of </td><td>Mr. G. F., </td><td>$5</td></tr> +<tr><td> Fee </td><td>of </td><td>Bro. C. B., </td><td>5</td></tr> +<tr><td> do. </td><td>of </td><td>Bro. S. R., </td><td>5</td></tr> +<tr><td> do. </td><td>of </td><td>Bro. W. Y., </td><td>5—</td><td>Total, $20</td></tr> +</table> + +<p>all of which was paid over to the Treasurer.</p> + +<p>There being no further business, the lodge was closed in due form and +harmony.</p> + +<p>E. F——,</p> + +<p><i>Secretary.</i></p> + +<p>Such is the form which has been adopted as the most convenient mode of +recording the transactions of a lodge. These minutes must be read, at the +close of the meeting, that the Brethren may suggest any necessary +alterations or additions, and then at the beginning of the next regular +meeting, that they may be confirmed, after which they should be +transcribed from the rough Minute Book in which they were first entered +into the permanent Record Book of the lodge.</p> +</div></div></div> + + + +<div class="book" id="b3"> +<h2>Book Third.</h2> + +<h3>The Law of Individuals.</h3> + + + +<p>Passing from the consideration of the law, which refers to Masons in their +congregated masses, as the constituents of Grand and Subordinate Lodges, I +next approach the discussion of the law which governs, them in their +individual capacity, whether in the inception of their masonic life, as +candidates for initiation, or in their gradual progress through each of +the three degrees, for it will be found that a Mason, as he assumes new +and additional obligations, and is presented with increased light, +contracts new duties, and is invested with new prerogatives and +privileges.</p> + + + +<div class="chapter" id="b3-01"> +<h3>Chapter I.</h3> + +<h4>Of the Qualifications of Candidates.</h4> + + + +<p>The qualifications of a candidate for initiation into the mysteries of +Freemasonry, are four-fold in their character—moral, physical, +intellectual and political.</p> + +<p>The moral character is intended to secure the respectability of the Order, +because, by the worthiness of its candidates, their virtuous deportment, +and good reputation, will the character of the institution be judged, +while the admission of irreligious libertines and contemners of the moral +law would necessarily impair its dignity and honor.</p> + +<p>The physical qualifications of a candidate contribute to the utility of +the Order, because he who is deficient in any of his limbs or members, and +who is not in the possession of all his natural senses and endowments, is +unable to perform, with pleasure to himself or credit to the fraternity, +those peculiar labors in which all should take an equal part. He thus +becomes a drone in the hive, and so far impairs the usefulness of the +lodge, as "a place where Freemasons assemble to work, and to instruct and +improve themselves in the mysteries of their ancient science."</p> + +<p>The intellectual qualifications refer to the security of the Order; +because they require that its mysteries shall be confided only to those +whose mental developments are such as to enable them properly to +appreciate, and faithfully to preserve from imposition, the secrets thus +entrusted to them. It is evident, for instance, that an idiot could +neither understand the hidden doctrines that might be communicated to him, +nor could he so secure such portions as he might remember, in the +"depositary of his heart," as to prevent the designing knave from worming +them out of him; for, as the wise Solomon has said, "a fool's mouth is his +destruction, and his lips are the snare of his soul."</p> + +<p>The political qualifications are intended to maintain the independence of +the Order; because its obligations and privileges are thus confided only +to those who, from their position in society, are capable of obeying the +one, and of exercising the other without the danger of let or hindrance +from superior authority.</p> + +<p>Of the moral, physical and political qualifications of a candidate there +can be no doubt, as they are distinctly laid down in the ancient charges +and constitutions. The intellectual are not so readily decided.</p> + +<p>These four-fold qualifications may be briefly summed up in the following +axioms.</p> + +<p><i>Morally</i>, the candidate must be a man of irreproachable conduct, a +believer in the existence of God, and living "under the tongue of good +report."</p> + +<p><i>Physically</i>, he must be a man of at least twenty-one years of age, +upright in body, with the senses of a man, not deformed or dismembered, +but with hale and entire limbs as a <i>man</i> ought to be.</p> + +<p><i>Intellectually</i>, he must be a man in the full possession of his +intellects, not so young that his mind shall not have been formed, nor so +old that it shall have fallen into dotage; neither a fool, an idiot, nor a +madman; and with so much education as to enable him to avail himself of +the teachings of Masonry, and to cultivate at his leisure a knowledge of +the principles and doctrines of our royal art.</p> + +<p><i>Politically</i>, he must be in the unrestrained enjoyment of his civil and +personal liberty, and this, too, by the birthright of inheritance, and not +by its subsequent acquisition, in consequence of his release from +hereditary bondage.</p> + +<p>The lodge which strictly demands these qualifications of its candidates +may have fewer members than one less strict, but it will undoubtedly have +better ones.</p> + +<p>But the importance of the subject demands for each class of the +qualifications a separate section, and a more extended consideration.</p> + + +<div class="sec" id="b3-01-01"> +<h4>Section I.</h4> + +<h5><i>Of the Moral Qualifications of Candidates.</i></h5> + + +<p>The old charges state, that "a Mason is obliged by his tenure to obey the +moral law." It is scarcely necessary to say, that the phrase, "moral law," +is a technical expression of theology, and refers to the Ten Commandments, +which are so called, because they define the regulations necessary for the +government of the morals and manners of men. The habitual violation of any +one of these commands would seem, according to the spirit of the Ancient +Constitutions, to disqualify a candidate for Masonry.</p> + +<p>The same charges go on to say, in relation to the religious character of a +Mason, that he should not be "a stupid atheist, nor an irreligious +libertine." A denier of the existence of a Supreme Architect of the +Universe cannot, of course, be obligated as a Mason, and, accordingly, +there is no landmark more certain than that which excludes every atheist +from the Order.</p> + +<p>The word "libertine" has, at this day, a meaning very different from what +it bore when the old charges were compiled. It then signified what we now +call a "free-thinker," or disbeliever in the divine revelation of the +Scriptures. This rule would therefore greatly abridge the universality and +tolerance of the Institution, were it not for the following qualifying +clause in the same instrument:—</p> + +<p>"Though in ancient times Masons were charged in every country to be of the +religion of that country or nation, whatever it was, yet it is now thought +more expedient only to oblige them to that religion in which all men +agree, leaving their particular opinions to themselves; that is, to be +good men and true, or men of honor and honesty, by whatever denominations +or persuasions they may be distinguished."</p> + +<p>The construction now given universally to the religious qualification of a +candidate, is simply that he shall have a belief in the existence and +superintending control of a Supreme Being.</p> + +<p>These old charges from which we derive the whole of our doctrine as to the +moral qualifications of a candidate, further prescribe as to the political +relations of a Mason, that he is to be "a peaceable subject to the civil +powers, wherever he resides or works, and is never to be concerned in +plots and conspiracies against the peace and welfare of the nation, nor to +behave himself undutifully to inferior magistrates. He is cheerfully to +conform to every lawful authority; to uphold on every occasion the +interest of the community, and zealously promote the prosperity of his own +country."</p> + +<p>Such being the characteristics of a true Mason, the candidate who desires +to obtain that title, must show his claim to the possession of these +virtues; and hence the same charges declare, in reference to these moral +qualifications, that "The persons made Masons, or admitted members of a +lodge, must be good and true men—no immoral or scandalous men, but of +good report."</p> +</div> + +<div class="sec" id="b3-01-02"> +<h4>Section II.</h4> + +<h5><i>Of the Physical Qualifications of Candidates.</i></h5> + + +<p>The physical qualifications of a candidate refer to his sex, his age, and +the condition of his limbs.</p> + +<p>The first and most important requisite of a candidate is, that he shall be +"<i>a man</i>." No woman can be made a Mason. This landmark is so indisputable, +that it would be wholly superfluous to adduce any arguments or authority +in its support.</p> + +<p>As to age, the old charges prescribe the rule, that the candidate must be +"of mature and discreet age." But what is the precise period when one is +supposed to have arrived at this maturity and discretion, cannot be +inferred from any uniform practice of the craft in different countries. +The provisions of the civil law, which make twenty-one the age of +maturity, have, however, been generally followed. In this country the +regulation is general, that the candidate must be twenty-one years of age. +Such, too, was the regulation adopted by the General Assembly, which met +on the 27th Dec., 1663, and which prescribed that "no person shall be +accepted unless he be twenty-one years old or more."<sup><a href="#fn55">55</a></sup> In Prussia, the +candidate is required to be twenty-five; in England, twenty-one,<sup><a href="#fn56">56</a></sup> +"unless by dispensation from the Grand Master, or Provincial Grand +Master;" in Ireland, twenty-one, except "by dispensation from the Grand +Master, or the Grand Lodge;" in France, twenty-one, unless the candidate +be the son of a Mason who has rendered important service to the craft, +with the consent of his parent or guardian, or a young man who has served +six months with his corps in the army—such persons may be initiated at +eighteen; in Switzerland, the age of qualification is fixed at twenty-one, +and in Frankfort-on-Mayn, at twenty. In this country, as I have already +observed, the regulation of 1663 is rigidly enforced, and no candidate, +who has not arrived at the age of twenty-one, can be initiated.</p> + +<p>Our ritual excludes "an old man in his dotage" equally with a "young man +under age." But as dotage signifies imbecility of mind, this subject will +be more properly considered under the head of intellectual qualifications.</p> + +<p>The physical qualifications, which refer to the condition of the +candidate's body and limbs, have given rise, within a few years past, to +a great amount of discussion and much variety of opinion. The regulation +contained in the old charges of 1721, which requires the candidate to be +"a perfect youth," has in some jurisdictions been rigidly enforced to the +very letter of the law, while in others it has been so completely +explained away as to mean anything or nothing. Thus, in South Carolina, +where the rule is rigid, the candidate is required to be neither deformed +nor dismembered, but of hale and entire limbs, as a man ought to be, while +in Maine, a deformed person may be admitted, provided "the deformity is +not such as to prevent him from being instructed in the arts and mysteries +of Freemasonry."</p> + +<p>The first written law which we find on this subject is that which was +enacted by the General Assembly held in 1663, under the Grand Mastership +of the Earl of St. Albans, and which declares "that no person shall +hereafter be accepted a Freemason but such as are of <i>able</i> body."<sup><a href="#fn57">57</a></sup></p> + +<p>Twenty years after, in the reign of James II., or about the year 1683, it +seems to have been found necessary, more exactly to define the meaning of +this expression, "of able body," and accordingly we find, among the +charges ordered to be read to a Master on his installation, the following +regulation:</p> + +<p>"Thirdly, that he that be made be able in all degrees; that is, free-born, +of a good kindred, true, and no bondsman, and that <i>he have his right +limbs as a man ought to have."</i><sup><a href="#fn58">58</a></sup></p> + +<p>The old charges, published in the original Book of Constitutions in 1723, +contain the following regulation:</p> + +<p>"No Master should take an Apprentice, unless he be a perfect youth having +no maim or defect that may render him uncapable of learning the art."</p> + +<p>Notwithstanding the positive demand for <i>perfection</i>, and the positive and +explicit declaration that he must have <i>no maim or defect</i>, the remainder +of the sentence has, within a few years past, by some Grand Lodges, been +considered as a qualifying clause, which would permit the admission of +candidates whose physical defects did not exceed a particular point. But, +in perfection, there can be no degrees of comparison, and he who is +required to be perfect, is required to be so without modification or +diminution. That which is <i>perfect</i> is complete in all its parts, and, by +a deficiency in any portion of its constituent materials, it becomes not +less perfect, (which expression would be a solecism in grammar,) but at +once by the deficiency ceases to be perfect at all—it then becomes +imperfect. In the interpretation of a law, "words," says Blackstone, "are +generally to be understood in their usual and most known signification," +and then "perfect" would mean, "complete, entire, neither defective nor +redundant." But another source of interpretation is, the "comparison of a +law with other laws, that are made by the same legislator, that have some +affinity with the subject, or that expressly relate to the same +point."<sup><a href="#fn59">59</a></sup> Applying this law of the jurists, we shall have no difficulty +in arriving at the true signification of the word "perfect," if we refer +to the regulation of 1683, of which the clause in question appears to have +been an exposition. Now, the regulation of 1683 says, in explicit terms, +that the candidate must "<i>have his right limbs as a man ought to have</i>." +Comparing the one law with the other, there can be no doubt that the +requisition of Masonry is and always has been, that admission could only +be granted to him who was neither deformed nor dismembered, but of hale +and entire limbs as a man should be.</p> + +<p>But another, and, as Blackstone terms it, "the most universal and +effectual way of discovering the true meaning of a law" is, to consider +"the reason and spirit of it, or the cause which moved the legislator to +enact it." Now, we must look for the origin of the law requiring physical +perfection, not to the formerly operative character of the institution, +(for there never was a time when it was not speculative as well as +operative,) but to its symbolic nature. In the ancient temple, every stone +was required to be <i>perfect</i>, for a perfect stone was the symbol of truth. +In our mystic association, every Mason represents a stone in that +spiritual temple, "that house not made with hands, eternal in the +heavens," of which the temple of Solomon was the type. Hence it is +required that he should present himself, like the perfect stone in the +material temple, a perfect man in the spiritual building. "The symbolic +relation of each member of the Order to its mystic temple, forbids the +idea," says Bro. W.S. Rockwell, of Georgia,<sup><a href="#fn60">60</a></sup> "that its constituent +portions, its living stones, should be less perfect or less a type of +their great original, than the immaculate material which formed the +earthly dwelling place of the God of their adoration." If, then, as I +presume it will be readily conceded, by all except those who erroneously +suppose the institution to have been once wholly operative and afterwards +wholly speculative, perfection is required in a candidate, not for the +physical reason that he may be enabled to give the necessary signs of +recognition, but because the defect would destroy the symbolism of that +perfect stone which every Mason is supposed to represent in the spiritual +temple, we thus arrive at a knowledge of the causes which moved the +legislators of Masonry to enact the law, and we see at once, and without +doubt, that the words <i>perfect youth</i> are to be taken in an unqualified +sense, as signifying one who has "his right limbs as a man ought to +have."<sup><a href="#fn61">61</a></sup></p> + +<p>It is, however, but fair to state that the remaining clause of the old +charge, which asserts that the candidate must have no maim or defect that +may render him incapable of learning the art, has been supposed to intend +a modification of the word "perfect," and to permit the admission of one +whose maim or defect was not of such a nature as to prevent his learning +the art of Masonry. But I would respectfully suggest that a criticism of +this kind is based upon a mistaken view of the import of the words. The +sentence is not that the candidate must have no such maim or defect as +might, by possibility, prevent him from learning the art; though this is +the interpretation given by those who are in favor of admitting slightly +maimed candidates. It is, on the contrary, so worded as to give a +consequential meaning to the word "<i>that</i>." He must have no maim or defect +<i>that</i> may render him incapable; that is, <i>because</i>, by having such maim +or defect, he would be rendered incapable of acquiring our art.</p> + +<p>In the Ahiman Rezon published by Laurence Dermott in 1764, and adopted for +the government of the Grand Lodge of Ancient York Masons in England, and +many of the Provincial Grand and subordinate lodges of America, the +regulation is laid down that candidates must be "men of good report, +free-born, of mature age, not deformed nor dismembered at the time of +their making, and no woman or eunuch." It is true that at the present day +this book possesses no legal authority among the craft; but I quote it, to +show what was the interpretation given to the ancient law by a large +portion, perhaps a majority, of the English and American Masons in the +middle of the eighteenth century.</p> + +<p>A similar interpretation seems at all times to have been given by the +Grand Lodges of the United States, with the exception of some, who, within +a few years past, have begun to adopt a more latitudinarian construction.</p> + +<p>In Pennsylvania it was declared, in 1783, that candidates are not to be +"deformed or dismembered at the time of their making."</p> + +<p>In South Carolina the book of Constitutions, first published in 1807, +requires that "every person desiring admission must be upright in body, +not deformed or dismembered at the time of making, but of hale and entire +limbs, as a man ought to be."</p> + +<p>In the "Ahiman Rezon and Masonic Ritual," published by order of the Grand +Lodge of North Carolina and Tennessee, in the year 1805, candidates are +required to be "hale and sound, not deformed or dismembered at the time of +their making."<sup><a href="#fn62">62</a></sup></p> + +<p>Maryland, in 1826, sanctioned the Ahiman Rezon of Cole, which declares +the law in precisely the words of South Carolina, already quoted.</p> + +<p>In 1823, the Grand Lodge of Missouri unanimously adopted a report, which +declared that all were to be refused admission who were not "sound in mind +and <i>all their members</i>," and she adopted a resolution asserting that "the +Grand Lodge cannot grant a letter or dispensation to a subordinate lodge +working under its jurisdiction, to initiate any person maimed, disabled, +or wanting the qualifications establishing by ancient usage."<sup><a href="#fn63">63</a></sup></p> + +<p>But it is unnecessary to multiply instances. There never seems to have +been any deviation from the principle that required absolute physical +perfection, until, within a few years, the spirit of expediency<sup><a href="#fn64">64</a></sup> has +induced some Grand Lodges to propose a modified construction of the law, +and to admit those whose maims or deformities were not such as to prevent +them from complying with the ceremonial of initiation. Still, a large +number of the Grand Lodges have stood fast by the ancient landmark, and it +is yet to be hoped that all will return to their first allegiance. The +subject is an important one, and, therefore, a few of the more recent +authorities, in behalf of the old law may with advantage be cited.</p> + +<p>"We have examined carefully the arguments 'pro and con,' that have +accompanied the proceedings of the several Grand Lodges, submitted to us, +and the conviction has been forced upon our minds, even against our wills, +that we depart from the ancient landmarks and usages of Masonry, whenever +we admit an individual wanting in one of the human senses, or who is in +any particular maimed or deformed."—<i>Committee of Correspondence G. Lodge +of Georgia</i>, 1848, <i>page</i> 36.</p> + +<p>"The rationale of the law, excluding persons physically imperfect and +deformed, lies deeper and is more ancient than the source ascribed to +it.<sup><a href="#fn65">65</a></sup> It is grounded on a principle recognized in the earliest ages of +the world; and will be found identical with that which obtained among the +ancient Jews. In this respect the Levitical law was the same as the +masonic, which would not allow any 'to go in unto the vail' who had a +blemish—a blind man, or a lame, or a man that was broken-footed, or +broken-handed, or a dwarf, &c....</p> + +<p>"The learned and studious Freemasonic antiquary can satisfactorily explain +the metaphysics of this requisition in our Book of Constitutions. For the +true and faithful Brother it sufficeth to know that such a requisition +exists. He will prize it the more because of its antiquity.... No man can +in perfection be 'made a Brother,' no man can truly 'learn our mysteries,' +and practice them, or 'do the work of a Freemason,' if he is not a <i>man</i> +with body free from maim, defect and deformity."—<i>Report of a Special +Committee of the Grand Lodge of New York, in</i> 1848.<sup><a href="#fn66">66</a></sup></p> + +<p>"The records of this Grand Lodge may be confidently appealed to, for +proofs of her repeated refusal to permit maimed persons to be initiated, +and not simply on the ground that ancient usage forbids it, but because +the fundamental constitution of the Order—the ancient charges—forbid +it."—<i>Committee of Correspondence of New York, for 1848, p. 70.</i></p> + +<p>"The lodges subordinate to this Grand Lodge are hereby required, in the +initiation of applicants for Masonry, to adhere to the ancient law (as +laid down in our printed books), which says he shall be of <i>entire +limbs</i>"—<i>Resolution of the G.L. of Maryland, November, 1848.</i></p> + +<p>"I received from the lodge at Ashley a petition to initiate into our Order +a gentleman of high respectability, who, unfortunately, has been maimed. I +refused my assent.... I have also refused a similar request from the lodge +of which I am a member. The fact that the most distinguished masonic body +on earth has recently removed one of the landmarks, should teach <i>us</i> to +be careful how we touch those ancient boundaries."—<i>Address of the Grand +Master of New Jersey in 1849.</i></p> + +<p>"The Grand Lodge of Florida adopted such a provision in her constitution, +[the qualifying clause permitting the initiation of a maimed person, if +his deformity was not such as to prevent his instruction], but more +mature reflection, and more light reflected from our sister Grand Lodges, +caused it to be stricken from our constitution."—<i>Address of Gov. Tho. +Brown, Grand Master of Florida in</i> 1849.</p> + +<p>"As to the physical qualifications, the Ahiman Rezon leaves no doubt on +the subject, but expressly declares, that every applicant for initiation +must be a man, free-born, of lawful age, in the perfect enjoyment of his +senses, hale, and sound, and not deformed or dismembered; this is one of +the ancient landmarks of the Order, which it is in the power of no body of +men to change. A man having but one arm, or one leg, or who is in anyway +deprived of his due proportion of limbs and members, is as incapable of +initiation as a woman."—<i>Encyclical Letter of the Grand Lodge of South +Carolina to its subordinates in</i> 1849.</p> + +<p>Impressed, then, by the weight of these authorities, which it would be +easy, but is unnecessary, to multiply—guided by a reference to the +symbolic and speculative (not operative) reason of the law—and governed +by the express words of the regulation of 1683—I am constrained to +believe that the spirit as well as the letter of our ancient landmarks +require that a candidate for admission should be perfect in all his +parts, that is, neither redundant nor deficient, neither deformed nor +dismembered, but of hale and entire limbs, as a man ought to be.</p> +</div> + +<div class="sec" id="b3-01-03"> +<h4>Section III.</h4> + +<h5><i>Of the Intellectual Qualifications of Candidates.</i></h5> + + +<p>The Old Charges and Ancient Constitutions are not as explicit in relation +to the intellectual as to the moral and physical qualifications of +candidates, and, therefore, in coming to a decision on this subject, we +are compelled to draw our conclusions from analogy, from common sense, and +from the peculiar character of the institution. The question that here +suggests itself on this subject is, what particular amount of human +learning is required as a constitutional qualification for initiation?</p> + +<p>During a careful examination of every ancient document to which I have had +access, I have met with no positive enactment forbidding the admission of +uneducated persons, even of those who can neither read nor write. The +unwritten, as well as the written laws of the Order, require that the +candidate shall be neither a <i>fool</i> nor an <i>idiot</i>, but that he shall +possess a discreet judgment, and be in the enjoyment of all the senses of +a man. But one who is unable to subscribe his name, or to read it when +written, might still very easily prove himself to be within the +requirements of this regulation. The Constitutions of England, formed +since the union of the two Grand Lodges in 1813, are certainly explicit +enough on this subject. They require even more than a bare knowledge of +reading and writing, for, in describing the qualifications of a candidate, +they say:</p> + +<p>"He should be a lover of the liberal arts and sciences, and have made some +progress in one or other of them; and he must, previous to his initiation, +subscribe his name at full length, to a declaration of the following +import," etc. And in a note to this regulation, it is said, "Any +individual who cannot write is, consequently, ineligible to be admitted +into the Order." If this authority were universal in its character, there +would be no necessity for a further discussion of the subject. But the +modern constitutions of the Grand Lodge of England are only of force +within its own jurisdiction, and we are therefore again compelled to +resort to a mode of reasoning for the proper deduction of our conclusions +on this subject.</p> + +<p>It is undoubtedly true that in the early period of the world, when +Freemasonry took its origin, the arts of reading and writing were not so +generally disseminated among all classes of the community as they now are, +when the blessings of a common education can be readily and cheaply +obtained. And it may, therefore, be supposed that among our ancient +Brethren there were many who could neither read nor write. But after all, +this is a mere assumption, which, although it may be based on probability, +has no direct evidence for its support. And, on the other hand, we see +throughout all our ancient regulations, that a marked distinction was made +by our rulers between the Freemason and the Mason who was not free; as, +for instance, in the conclusion of the fifth chapter of the Ancient +Charges, where it is said: "No laborer shall be employed in the common +work of Masonry, nor shall Freemasons work with those who are not free, +without an urgent necessity." And this would seem to indicate a higher +estimation by the fraternity of their own character, which might be +derived from their greater attainments in knowledge. That in those days +the ordinary operative masons could neither read nor write, is a fact +established by history. But it does not follow that the Freemasons, who +were a separate society of craftsmen, were in the same unhappy category; +it is even probable, that the fact that they were not so, but that they +were, in comparison with the unaccepted masons, educated men, may have +been the reason of the distinction made between these two classes of +workmen.</p> + +<p>But further, all the teachings of Freemasonry are delivered on the +assumption that the recipients are men of some education, with the means +of improving their minds and increasing their knowledge. Even the Entered +Apprentice is reminded, by the rough and perfect ashlars, of the +importance and necessity of a virtuous education, in fitting him for the +discharge of his duties. To the Fellow Craft, the study of the liberal +arts and sciences is earnestly recommended; and indeed, that sacred +hieroglyphic, the knowledge of whose occult signification constitutes the +most solemn part of his instruction, presupposes an acquaintance at least +with the art of reading. And the Master Mason is expressly told in the +explanation of the forty-seventh problem of Euclid, as one of the symbols +of the third degree, that it was introduced into Masonry to teach the +Brethren the value of the arts and sciences, and that the Mason, like the +discoverer of the problem, our ancient Brother Pythagoras, should be a +diligent cultivator of learning. Our lectures, too, abound in allusions +which none but a person of some cultivation of mind could understand or +appreciate, and to address them, or any portion of our charges which refer +to the improvement of the intellect and the augmentation of knowledge, to +persons who can neither read nor write, would be, it seems to us, a +mockery unworthy of the sacred character of our institution.</p> + +<p>From these facts and this method of reasoning, I deduce the conclusion +that the framers of Masonry, in its present organization as a speculative +institution, must have intended to admit none into its fraternity whose +minds had not received some preliminary cultivation, and I am, therefore, +clearly of opinion, that a person who cannot read and write is not legally +qualified for admission.</p> + +<p>As to the inexpediency of receiving such candidates, there can be no +question or doubt. If Masonry be, as its disciples claim for it, a +scientific institution, whose great object is to improve the understanding +and to enlarge and adorn the mind, whose character cannot be appreciated, +and whose lessons of symbolic wisdom cannot be acquired, without much +studious application, how preposterous would it be to place, among its +disciples, one who had lived to adult years, without having known the +necessity or felt the ambition for a knowledge of the alphabet of his +mother tongue? Such a man could make no advancement in the art of Masonry; +and while he would confer no substantial advantage on the institution, he +would, by his manifest incapacity and ignorance, detract, in the eyes of +strangers, from its honor and dignity as an intellectual society.</p> + +<p>Idiots and madmen are excluded from admission into the Order, for the +evident reason that the former from an absence, and the latter from a +perversion of the intellectual faculties, are incapable of comprehending +the objects, or of assuming the responsibilities and obligations of the +institution.</p> + +<p>A question here suggests itself whether a person of present sound mind, +but who had formerly been deranged, can legally be initiated. The answer +to this question turns on the fact of his having perfectly recovered. If +the present sanity of the applicant is merely a lucid interval, which +physicians know to be sometimes vouched to lunatics, with the absolute +certainty, or at best, the strong probability, of an eventual return to a +state of mental derangement, he is not, of course, qualified for +initiation. But if there has been a real and durable recovery (of which a +physician will be a competent judge), then there can be no possible +objection to his admission, if otherwise eligible. We are not to look to +what the candidate once was, but to what he now is.</p> + +<p>Dotage, or the mental imbecility produced by excessive old age, is also a +disqualification for admission. Distinguished as it is by puerile desires +and pursuits, by a failure of the memory, a deficiency of the judgment, +and a general obliteration of the mental powers, its external signs are +easily appreciated, and furnish at once abundant reason why, like idiots +and madmen, the superannuated dotard is unfit to be the recipient of our +mystic instructions.</p> +</div> + +<div class="sec" id="b3-01-04"> +<h4>Section IV.</h4> + +<h5><i>Of the Political Qualifications of Candidates.</i></h5> + + +<p>The Constitutions of Masonry require, as the only qualification referring +to the political condition of the candidate, or his position in society, +that he shall be <i>free-born</i>. The slave, or even the man born in +servitude—though he may, subsequently, have obtained his liberty—is +excluded by the ancient regulations from initiation. The non-admission of +a slave seems to have been founded upon the best of reasons; because, as +Freemasonry involves a solemn contract, no one can legally bind himself to +its performance who is not a free agent and the master of his own actions. +That the restriction is extended to those who were originally in a servile +condition, but who may have since acquired their liberty, seems to depend +on the principle that birth, in a servile condition, is accompanied by a +degradation of mind and abasement of spirit, which no subsequent +disenthralment can so completely efface as to render the party qualified +to perform his duties, as a Mason, with that "freedom, fervency, and +zeal," which are said to have distinguished our ancient Brethren. +"Children," says Oliver, "cannot inherit a free and noble spirit except +they be born of a free woman."</p> + +<p>The same usage existed in the spurious Freemasonry or the Mysteries of the +ancient world. There, no slave, or men born in slavery, could be +initiated; because, the prerequisites imperatively demanded that the +candidate should not only be a man of irreproachable manners, but also a +free-born denizen of the country in which the mysteries were celebrated.</p> + +<p>Some masonic writers have thought that, in this regulation in relation to +free birth, some allusion is intended, both in the Mysteries and in +Freemasonry, to the relative conditions and characters of Isaac and +Ishmael. The former—the accepted one, to whom the promise was given—was +the son of a free woman, and the latter, who was cast forth to have "his +hand against every man, and every man's hand against him," was the child +of a slave. Wherefore, we read that Sarah demanded of Abraham, "Cast out +this bondwoman and her son; for the son of the bondwoman shall not be heir +with my son." Dr. Oliver, in speaking of the grand festival with which +Abraham celebrated the weaning of Isaac, says, that he "had not paid the +same compliment at the weaning of Ishmael, because he was the son of a +bondwoman, and, consequently, could not be admitted to participate in the +Freemasonry of his father, which could only be conferred on free men born +of free women." The ancient Greeks were of the same opinion; for they used +the word δουλοπρεπεια or, "slave manners," to +designate any very great impropriety of manners.</p> + +<p>The Grand Lodge of England extends this doctrine, that Masons should be +free in all their thoughts and actions, so far, that it will not permit +the initiation of a candidate who is only temporarily deprived of his +liberty, or even in a place of confinement. In the year 1782, the Master +of the Royal Military Lodge, at Woolwich, being confined, most probably +for debt, in the King's Bench prison, at London, the lodge, which was +itinerant in its character, and allowed to move from place to place with +its regiment, adjourned, with its warrant of constitution, to the Master +in prison, where several Masons were made. The Grand Lodge, being informed +of the circumstances, immediately summoned the Master and Wardens of the +lodge "to answer for their conduct in making Masons in the King's Bench +prison," and, at the same time, adopted a resolution, affirming that "it +is inconsistent with the principles of Freemasonry for any Freemason's +lodge to be held, for the purposes of making, passing, or raising Masons, +in any prison or place of confinement."</p> +</div> + +<div class="sec" id="b3-01-05"> +<h4>Section V.</h4> + +<h5><i>Of the Petition of Candidates for Admission, and the Action Thereon.</i></h5> + + +<p>The application of a candidate to a lodge, for initiation, is called a +"petition." This petition should always be in writing, and generally +contains a statement of the petitioner's age, occupation, and place of +residence, and a declaration of the motives which have prompted the +application, which ought to be "a favorable opinion conceived of the +institution and a desire of knowledge."<sup><a href="#fn67">67</a></sup> This petition must be +recommended by at least two members of the lodge.</p> + +<p>The petition must be read at a stated or regular communication of the +lodge, and referred to a committee of three members for an investigation +of the qualifications and character of the candidate. The committee having +made the necessary inquiries, will report the result at the next regular +communication and not sooner.</p> + +<p>The authority for this deliberate mode of proceeding is to be found in the +fifth of the 39 General Regulations, which is in these words:</p> + +<p>"No man can be made or admitted a member of a particular lodge, without +previous notice one month before given to the said lodge, in order to make +due inquiry into the reputation and capacity of the candidate; unless by +dispensation aforesaid."</p> + +<p>The last clause in this article provides for the only way in which this +probation of a month can be avoided, and that is when the Grand Master, +for reasons satisfactory to himself, being such as will constitute what is +called (sometimes improperly) a case of emergency, shall issue a +dispensation permitting the lodge to proceed forthwith to the election.</p> + +<p>But where this dispensation has not been issued, the committee should +proceed diligently and faithfully to the discharge of their responsible +duty. They must inquire into the moral, physical, intellectual and +political qualifications of the candidate, and make their report in +accordance with the result of their investigations.</p> + +<p>The report cannot be made at a special communication, but must always be +presented at a regular one. The necessity of such a rule is obvious. As +the Master can at any time within his discretion convene a special meeting +of his lodge, it is evident that a presiding officer, if actuated by an +improper desire to intrude an unworthy and unpopular applicant upon the +craft, might easily avail himself for that purpose of an occasion when the +lodge being called for some other purpose, the attendance of the members +was small, and causing a ballot to be taken, succeed in electing a +candidate, who would, at a regular meeting, have been blackballed by some +of those who were absent from the special communication.</p> + +<p>This regulation is promulgated by the Grand Lodge of England, in the +following words: "No person shall be made a Mason without a regular +proposition at one lodge and a ballot at the next regular stated lodge;" +it appears to have been almost universally adopted in similar language by +the Grand Lodges of this country; and, if the exact words of the law are +wanting in any of the Constitutions, the general usage of the craft has +furnished an equivalent authority for the regulation.</p> + +<p>If the report of the committee is unfavorable, the candidate should be +considered as rejected, without any reference to a ballot. This rule is +also founded in reason. If the committee, after a due inquiry into the +character of the applicant, find the result so disadvantageous to him as +to induce them to make an unfavorable report on his application, it is to +be presumed that on a ballot they would vote against his admission, and as +their votes alone would be sufficient to reject him, it is held +unnecessary to resort in such a case to the supererogatory ordeal of the +ballot. It would, indeed, be an anomalous proceeding, and one which would +reflect great discredit on the motives and conduct of a committee of +inquiry, were its members first to report against the reception of a +candidate, and then, immediately afterwards, to vote in favor of his +petition. The lodges will not suppose, for the honor of their committees, +that such a proceeding will take place, and accordingly the unfavorable +report of the committee is always to be considered as a rejection.</p> + +<p>Another reason for this regulation seems to be this. The fifth General +Regulation declares that no Lodge should ever make a Mason without "due +inquiry" into his character, and as the duty of making this inquiry is +entrusted to a competent committee, when that committee has reported that +the applicant is unworthy to be made a Mason, it would certainly appear to +militate against the spirit, if not the letter, of the regulation, for the +lodge, notwithstanding this report, to enter into a ballot on the +petition.</p> + +<p>But should the committee of investigation report favorably, the lodge will +then proceed to a ballot for the candidate; but, as this forms a separate +and important step in the process of "making Masons," I shall make it the +subject of a distinct section.</p> +</div> + +<div class="sec" id="b3-01-06"> +<h4>Section VI.</h4> + +<h5><i>Of Balloting for Candidates.</i></h5> + + +<p>The Thirty-nine Regulations do not explicitly prescribe the ballot-box as +the proper mode of testing the opinion of the lodge on the merits of a +petition for initiation. The sixth regulation simply says that the consent +of the members is to be "formally asked by the Master; and they are to +signify their assent or dissent <i>in their own prudent way</i> either +virtually or in form, but with unanimity." Almost universal usage has, +however, sanctioned the ballot box and the use of black and white balls as +the proper mode of obtaining the opinion of the members.</p> + +<p>From the responsibility of expressing this opinion, and of admitting a +candidate into the fraternity or of repulsing him from it, no Mason is +permitted to shrink. In balloting on a petition, therefore, every member +of the Lodge is expected to vote; nor can he be excused from the discharge +of this important duty, except by the unanimous consent of his Brethren. +All the members must, therefore, come up to the performance of this trust +with firmness, candor, and a full determination to do what is right—to +allow no personal timidity to forbid the deposit of a black ball, if the +applicant is unworthy, and no illiberal prejudices to prevent the +deposition of a white one, if the character and qualifications of the +candidate are unobjectionable. And in all cases where a member himself has +no personal or acquired knowledge of these qualifications, he should rely +upon and be governed by the recommendation of his Brethren of the +Committee of Investigation, who he has no right to suppose would make a +favorable report on the petition of an unworthy applicant.<sup><a href="#fn68">68</a></sup></p> + +<p>The great object of the ballot is, to secure the independence of the +voter; and, for this purpose, its secrecy should be inviolate. And this +secrecy of the ballot gives rise to a particular rule which necessarily +flows out of it.</p> + +<p>No Mason can be called to an account for the vote which he has deposited. +The very secrecy of the ballot is intended to secure the independence and +irresponsibility to the lodge of the voter. And, although it is +undoubtedly a crime for a member to vote against the petition of an +applicant on account of private pique or personal prejudice, still the +lodge has no right to judge that such motives alone actuated him. The +motives of men, unless divulged by themselves, can be known only to God; +"and if," as Wayland says, "from any circumstances we are led to entertain +any doubts of the motives of men, we are bound to retain these doubts +within our own bosoms." Hence, no judicial notice can be or ought to be +taken by a lodge of a vote cast by a member, on the ground of his having +been influenced by improper motives, because it is impossible for the +lodge legally to arrive at the knowledge; in the first place, of the vote +that he has given, and secondly, of the motives by which he has been +controlled.</p> + +<p>And even if a member voluntarily should divulge the nature of his vote and +of his motives, it is still exceedingly questionable whether the lodge +should take any notice of the act, because by so doing the independence of +the ballot might be impaired. It is through a similar mode of reasoning +that the Constitution of the United States provides, that the members of +Congress shall not be questioned, in any other place, for any speech or +debate in either House. As in this way the freedom of debate is preserved +in legislative bodies, so in like manner should the freedom of the ballot +be insured in lodges.</p> + +<p>The sixth General Regulation requires unanimity in the ballot. Its +language is: "but no man can be entered a Brother in any particular lodge, +or admitted to be a member thereof, without the <i>unanimous consent of all +the members of that lodge</i> then present when the candidate is proposed." +This regulation, it will be remembered, was adopted in 1721. But in the +"New Regulations," adopted in 1754, and which are declared to have been +enacted "only for amending or explaining the Old Regulations for the good +of Masonry, without breaking in upon the ancient rules of the fraternity, +still preserving the old landmarks," it is said: "but it was found +inconvenient to insist upon unanimity in several cases; and, therefore, +the Grand Masters have allowed the lodges to admit a member, if not above +three black balls are against him; though some lodges desire no such +allowance."<sup><a href="#fn69">69</a></sup></p> + +<p>The Grand Lodge of England still acts under this new regulation, and +extends the number of black balls which will reject to three, though it +permits its subordinates, if they desire it, to require unanimity. But +nearly all the Grand Lodges of this country have adhered to the old +regulation, which is undoubtedly the better one, and by special enactment +have made the unanimous consent of all the Brethren present necessary to +the election of a candidate.</p> + +<p>Another question here suggests itself. Can a member, who by the bye-laws +of his lodge is disqualified from the exercise of his other franchises as +a member, in consequence of being in arrears beyond a certain amount, be +prevented from depositing his ballot on the application of a candidate? +That by such a bye-law he may be disfranchised of his vote in electing +officers, or of the right to hold office, will be freely admitted. But the +words of the old regulation seem expressly, and without equivocation, to +require that <i>every member present</i> shall vote. The candidate shall only +be admitted "by the unanimous consent of all the members of that lodge +then present when the candidate is proposed." This right of the members to +elect or reject their candidates is subsequently called "an inherent +privilege," which is not subject to a dispensation. The words are +explicit, and the right appears to be one guaranteed to every member so +long as he continues a member, and of which no bye-law can divest him as +long as the paramount authority of the Thirty-nine General Regulations is +admitted. I should say, then, that every member of a lodge present at +balloting for a candidate has a right to deposit his vote; and not only a +right, but a duty which he is to be compelled to perform; since, without +the unanimous consent of all present, there can be no election.</p> + +<p>Our written laws are altogether silent as to the peculiar ceremonies which +are to accompany the act of balloting, which has therefore been generally +directed by the local usage of different jurisdictions. Uniformity, +however, in this, as in all other ritual observances, is to be commended, +and I shall accordingly here describe the method which I have myself +preferred and practised in balloting for candidates, and which is the +custom adopted in the jurisdiction of South Carolina.<sup><a href="#fn70">70</a></sup></p> + +<p>The committee of investigation having reported favorably, the Master of +the lodge directs the Senior Deacon to prepare the ballot box. The mode in +which this is accomplished is as follows:—The Senior Deacon takes the +ballot box, and, opening it, places all the white and black balls +indiscriminately in one compartment, leaving the other entirely empty. He +then proceeds with the box to the Junior and Senior Wardens, who satisfy +themselves by an inspection that no ball has been left in the compartment +in which the votes are to be deposited. I remark here, in passing, that +the box, in this and the other instance to be referred to hereafter, is +presented to the inferior officer first, and then to his superior, that +the examination and decision of the former may be substantiated and +confirmed by the higher authority of the latter. Let it, indeed, be +remembered, that in all such cases the usage of masonic <i>circumambulation</i> +is to be observed, and that, therefore, we must first pass the Junior's +station before we can get to that of the Senior Warden.</p> + +<p>These officers having thus satisfied themselves that the box is in a +proper condition for the reception of the ballots, it is then placed upon +the altar by the Senior Deacon, who retires to his seat. The Master then +directs the Secretary to call the roll, which is done by commencing with +the Worshipful Master, and proceeding through all the officers down to the +youngest member. As a matter of convenience, the Secretary generally votes +the last of those in the room, and then, if the Tiler is a member of the +lodge, he is called in, while the Junior Deacon tiles for him, and the +name of the applicant having been told him, he is directed to deposit his +ballot, which he does, and then retires.</p> + +<p>As the name of each officer and member is called he approaches the altar, +and having made the proper masonic salutation to the Chair, he deposits +his ballot and retires to his seat. The roll should be called slowly, so +that at no time should there be more than one person present at the box; +for, the great object of the ballot being secrecy, no Brother should be +permitted so near the member voting as to distinguish the color of the +ball he deposits.</p> + +<p>The box is placed on the altar, and the ballot is deposited with the +solemnity of a masonic salutation, that the voters may be duly impressed +with the sacred and responsible nature of the duty they are called on to +discharge. The system of voting thus described, is, therefore, far better +on this account than the one sometimes adopted in lodges, of handing round +the box for the members to deposit their ballots from their seats</p> + +<p>The Master having inquired of the Wardens if all have voted, then orders +the Senior Deacon to "take charge of the ballot box." That officer +accordingly repairs to the altar, and taking possession of the box, +carries it, as before, to the Junior Warden, who examines the ballot, and +reports, if all the balls are white, that "the box is clear in the South," +or, if there is one or more black balls, that "the box is foul in the +South." The Deacon then carries it to the Senior Warden, and afterwards to +the Master, who, of course, make the same report, according to the +circumstances, with the necessary verbal variation of "West" and "East."</p> + +<p>If the box is <i>clear</i>—that is, if all the ballots are white—the Master +then announces that the applicant has been duly elected, and the Secretary +makes a record of the fact.</p> + +<p>But if the box is declared to be <i>foul</i>, the Master inspects the number +of black balls; if he finds two, he declares the candidate to be rejected; +if only one, he so states the fact to the lodge, and orders the Senior +Deacon again to prepare the ballot box, and a second ballot is taken in +the same way. This is done lest a black ball might have been inadvertently +voted on the first ballot. If, on the second scrutiny, one black ball is +again found, the fact is announced by the Master, who orders the election +to lie over until the next stated meeting, and requests the Brother who +deposited the black ball to call upon him and state his reasons. At the +next stated meeting the Master announces these reasons to the lodge, if +any have been made known to him, concealing, of course, the name of the +objecting Brother. At this time the validity or truth of the objections +may be discussed, and the friends of the applicant will have an +opportunity of offering any defense or explanation. The ballot is then +taken a third time, and the result, whatever it may be, is final. As I +have already observed, in most of the lodges of this country, a +reappearance of the one black ball will amount to a rejection. In those +lodges which do not require unanimity, it will, of course, be necessary +that the requisite number of black balls must be deposited on this third +ballot to insure a rejection. But if, on inspection, the box is found to +be "clear," or without a black ball, the candidate is, of course, declared +to be elected. In any case, the result of the third ballot is final, nor +can it be set aside or reversed by the action of the Grand Master or Grand +Lodge; because, by the sixth General Regulation, already so frequently +cited, the members of every particular lodge are the best judges of the +qualifications of their candidates; and, to use the language of the +Regulation, "if a fractious member should be imposed on them, it might +spoil their harmony, or hinder their freedom, or even break and disperse +the lodge."</p> +</div> + +<div class="sec" id="b3-01-07"> +<h4>Section VII.</h4> + +<h5><i>Of the Reconsideration of the Ballot.</i></h5> + + +<p>There are, unfortunately, some men in our Order, governed, not by +essentially bad motives, but by frail judgments and by total ignorance of +the true object and design of Freemasonry, who never, under any +circumstances, have recourse to the black ball, that great bulwark of +Masonry, and are always more or less incensed when any more judicious +Brother exercises his privilege of excluding those whom he thinks unworthy +of participation in our mysteries.</p> + +<p>I have said, that these men are not governed by motives essentially bad. +This is the fact. They honestly desire the prosperity of the institution, +and they would not willfully do one act which would impede that +prosperity. But their judgments are weak, and their zeal is without +knowledge. They do not at all understand in what the true prosperity of +the Order consists, but really and conscientiously believing that its +actual strength will be promoted by the increase of the number of its +disciples; they look rather to the <i>quantity</i> than to the <i>quality</i> of the +applicants who knock at the doors of our lodges.</p> + +<p>Now a great difference in respect to the mode in which the ballot is +conducted, will be found in those lodges which are free from the presence +of such injudicious brethren, and others into which they have gained +admittance.</p> + +<p>In a lodge in which every member has a correct notion of the proper moral +qualifications of the candidates for Masonry, and where there is a general +disposition to work well with a few, rather than to work badly with many, +when a ballot is ordered, each Brother, having deposited his vote, +quietly and calmly waits to hear the decision of the ballot box announced +by the Chair. If it is "clear," all are pleased that another citizen has +been found worthy to receive a portion of the illuminating rays of +Masonry. If it is "foul," each one is satisfied with the adjudication, and +rejoices that, although knowing nothing himself against the candidate, +some one has been present whom a more intimate acquaintance with the +character of the applicant has enabled to interpose his veto, and prevent +the purity of the Order from being sullied by the admission of an unworthy +candidate. Here the matter ends, and the lodge proceeds to other business.</p> + +<p>But in a lodge where one of these injudicious and over-zealous Brethren is +present, how different is the scene. If the candidate is elected, he, too, +rejoices; but his joy is, that the lodge has gained one more member whose +annual dues and whose initiation fee will augment the amount of its +revenues. If he is rejected, he is indignant that the lodge has been +deprived of this pecuniary accession, and forthwith he sets to work to +reverse, if possible, the decision of the ballot box, and by a volunteer +defense of the rejected candidate, and violent denunciations of those who +opposed him, he seeks to alarm the timid and disgust the intelligent, so +that, on a <i>reconsideration</i>, they may be induced to withdraw their +opposition.</p> + +<p>The <i>motion for reconsideration</i> is, then, the means generally adopted, by +such seekers after quantity, to insure the success of their efforts to +bring all into our fold who seek admission, irrespective of worth or +qualification. In other words, we may say, that <i>the motion for +reconsideration is the great antagonist of the purity and security of the +ballot box</i>. The importance, then, of the position which it thus assumes, +demands a brief discussion of the time and mode in which a ballot may be +reconsidered.</p> + +<p>In the beginning of the discussion, it may be asserted, that it is +competent for any brother to move a reconsideration of a ballot, or for a +lodge to vote on such a motion. The ballot is a part of the work of +initiating a candidate. It is the preparatory step, and is just as +necessary to his legal making as the obligation or the investiture. As +such, then, it is clearly entirely under the control of the Master. The +Constitutions of Masonry and the Rules and Regulations of every Grand and +Subordinate lodge prescribe the mode in which the ballot shall be +conducted, so that the sense of the members may be taken. The Grand Lodge +also requires that the Master of the lodge shall see that that exact mode +of ballot shall be pursued and no other, and it will hold him responsible +that there shall be no violation of the rule. If, then, the Master is +satisfied that the ballot has been regularly and correctly conducted, and +that no possible good, but some probable evil, would arise from its +reconsideration, it is not only competent for him, but it is his solemn +duty to refuse to permit any such reconsideration. A motion to that +effect, it may be observed, will always be out of order, although any +Brother may respectfully request the Worshipful Master to order such a +reconsideration, or suggest to him its propriety or expediency.</p> + +<p>If, however, the Master is not satisfied that the ballot is a true +indication of the sense of the lodge, he may, in his own discretion, order +a reconsideration. Thus there may be but one black ball;—now a single +black ball may sometimes be inadvertently cast—the member voting it may +have been favorably disposed towards the candidate, and yet, from the +hurry and confusion of voting, or from the dimness of the light or the +infirmity of his own eyes, or from some other equally natural cause, he +may have selected a black ball, when he intended to have taken a white +one. It is, therefore, a matter of prudence and necessary caution, that, +when only one black ball appears, the Master should order a new ballot. On +this second ballot, it is to be presumed that more care and vigilance will +be used, and the reappearance of the black ball will then show that it was +deposited designedly.</p> + +<p>But where two or three or more black balls appear on the first ballot, +such a course of reasoning is not authorized, and the Master will then be +right to refuse a reconsideration. The ballot has then been regularly +taken—the lodge has emphatically decided for a rejection, and any order +to renew the ballot would only be an insult to those who opposed the +admission of the applicant, and an indirect attempt to thrust an unwelcome +intruder upon the lodge.</p> + +<p>But although it is in the power of the Master, under the circumstances +which we have described, to order a reconsideration, yet this prerogative +is accompanied with certain restrictions, which it may be well to notice.</p> + +<p>In the first place, the Master cannot order a reconsideration on any other +night than that on which the original ballot was taken.<sup><a href="#fn71">71</a></sup> After the +lodge is closed, the decision of the ballot is final, and there is no +human authority that can reverse it. The reason of this rule is evident. +If it were otherwise, an unworthy Master (for, unfortunately, all Masters +are not worthy) might on any subsequent evening avail himself of the +absence of those who had voted black balls, to order a reconsideration, +and thus succeed in introducing an unfit and rejected candidate into the +lodge, contrary to the wishes of a portion of its members.</p> + +<p>Neither can he order a reconsideration on the same night, if any of the +Brethren who voted have retired. All who expressed their opinion on the +first ballot, must be present to express it on the second. The reasons for +this restriction are as evident as for the former, and are of the same +character.</p> + +<p>It must be understood, that I do not here refer to those reconsiderations +of the ballot which are necessary to a full understanding of the opinion +of the lodge, and which have been detailed in the ceremonial of the mode +of balloting, as it was described in the preceding Section.</p> + +<p>It may be asked whether the Grand Master cannot, by his dispensations, +permit a reconsideration. I answer emphatically, NO. The Grand Master +possesses no such prerogative. There is no law in the whole jurisprudence +of the institution clearer than this—that neither the Grand Lodge nor the +Grand Master can interfere with the decision of the ballot box. In +Anderson's Constitutions, the law is laid down, under the head of "Duty of +Members" (edition of 1755, p. 312), that in the election of candidates the +Brethren "are to give their consent in their own prudent way, either +virtually or in form, but with unanimity." And the regulation goes on to +say: "Nor is this inherent privilege <i>subject to a dispensation</i>, because +the members of a lodge are the best judges of it; and because, if a +turbulent member should be imposed upon them, it might spoil their +harmony, or hinder the freedom of their communications, or even break and +disperse the lodge." This settles the question. A dispensation to +reconsider a ballot would be an interference with the right of the members +"to give their consent in their own prudent way;" it would be an +infringement of an "inherent privilege," and neither the Grand Lodge nor +the Grand Master can issue a dispensation for such a purpose. Every lodge +must be left to manage its own elections of candidates in its own prudent +way.</p> + +<p>I conclude this section by a summary of the principles which have been +discussed, and which I have endeavored to enforce by a process of +reasoning which I trust may be deemed sufficiently convincing. They are +briefly these:</p> + +<p>1. It is never in order for a member to move for the reconsideration of a +ballot on the petition of a candidate for initiation, nor for a lodge to +entertain such a motion.</p> + +<p>2. The Master alone can, for reasons satisfactory to himself, order such a +reconsideration.</p> + +<p>3. The Master cannot order a reconsideration on any subsequent night, nor +on the same night, after any member, who was present and voted, has +departed.</p> + +<p>4. The Grand Master cannot grant a dispensation for a reconsideration, nor +in any other way interfere with the ballot. The same restriction applies +to the Grand Lodge.</p> +</div> + +<div class="sec" id="b3-01-08"> +<h4>Section VIII.</h4> + +<h5><i>Of the Renewal of Applications by Rejected Candidates.</i></h5> + + +<p>As it is apparent from the last section that there can be no +reconsideration by a lodge of a rejected petition, the question will +naturally arise, how an error committed by a lodge, in the rejection of a +worthy applicant, is to be corrected, or how such a candidate, when once +rejected, is ever to make a second trial, for it is, of course, admitted, +that circumstances may occur in which a candidate who had been once +blackballed might, on a renewal of his petition, be found worthy of +admission. He may have since reformed and abandoned the vicious habits +which caused his first rejection, or it may have been since discovered +that that rejection was unjust. How, then, is such a candidate to make a +new application?</p> + +<p>It is a rule of universal application in Masonry, that no candidate, +having been once rejected, can apply to any other lodge for admission, +except to the one which rejected him. Under this regulation the course of +a second application is as follows:</p> + +<p>Some Grand Lodges have prescribed that, when a candidate has been +rejected, it shall not be competent for him to apply within a year, six +months, or some other definite period. This is altogether a local +regulation—there is no such law in the Ancient Constitutions—and +therefore, where the regulations of the Grand Lodge of the jurisdiction +are silent upon the subject, general principles direct the following as +the proper course for a rejected candidate to pursue on a second +application. He must send in a new letter, recommended and vouched for as +before, either by the same or other Brethren—it must be again referred to +a committee—lie over for a month—and the ballot be then taken as is +usual in other cases. It must be treated in all respects as an entirely +new petition, altogether irrespective of the fact that the same person had +ever before made an application. In this way due notice will be given to +the Brethren, and all possibility of an unfair election will be avoided.</p> + +<p>If the local regulations are silent upon the subject, the second +application may be made at any time after the rejection of the first, all +that is necessary being, that the second application should pass through +the same ordeal and be governed by the same rules that prevail in relation +to an original application.</p> +</div> + +<div class="sec" id="b3-01-09"> +<h4>Section IX.</h4> + +<p><i>Of the Necessary Probation and Due Proficiency of Candidates before +Advancement</i>.</p> + + +<p>There is, perhaps, no part of the jurisprudence of Masonry which it is +more necessary strictly to observe than that which relates to the +advancement of candidates through the several degrees. The method which is +adopted in passing Apprentices and raising Fellow Crafts—the probation +which they are required to serve in each degree before advancing to a +higher—and the instructions which they receive in their progress, often +materially affect the estimation which is entertained of the institution +by its initiates. The candidate who long remains at the porch of the +temple, and lingers in the middle chamber, noting everything worthy of +observation in his passage to the holy of holies, while he better +understands the nature of the profession upon which he has entered, will +have a more exalted opinion of its beauties and excellencies than he who +has advanced, with all the rapidity that dispensations can furnish, from +the lowest to the highest grades of the Order. In the former case, the +design, the symbolism, the history, and the moral and philosophical +bearing of each degree will be indelibly impressed upon the mind, and the +appositeness of what has gone before to what is to succeed will be readily +appreciated; but, in the latter, the lessons of one hour will be +obliterated by those of the succeeding one; that which has been learned in +one degree, will be forgotten in the next; and when all is completed, and +the last instructions have been imparted, the dissatisfied neophyte will +find his mind, in all that relates to Masonry, in a state of chaotic +confusion. Like Cassio, he will remember "a mass of things, but nothing +distinctly."</p> + +<p>An hundred years ago it was said that "Masonry was a progressive science, +and not to be attained in any degree of perfection, but by time, patience, +and a considerable degree of application and industry."<sup><a href="#fn72">72</a></sup> And it is +because that due proportion of time, patience and application, has not +been observed, that we so often see Masons indifferent to the claims of +the institution, and totally unable to discern its true character. The +arcana of the craft, as Dr. Harris remarks, should be gradually imparted +to its members, according to their improvement.</p> + +<p>There is no regulation of our Order more frequently repeated in our +constitutions, nor one which should be more rigidly observed, than that +which requires of every candidate a "suitable proficiency" in one degree, +before he is permitted to pass to another. But as this regulation is too +often neglected, to the manifest injury of the whole Order, as well as of +the particular lodge which violates it, by the introduction of ignorant +and unskillful workmen into the temple, it may be worth the labor we shall +spend upon the subject, to investigate some of the authorities which +support us in the declaration, that no candidate should be promoted, +until, by a due probation, he has made "suitable proficiency in the +preceding degree."</p> + +<p>In one of the earliest series of regulations that have been +preserved—made in the reign of Edward III., it was ordained, "that such +as were to be admitted Master Masons, or Masters of work, should be +examined whether they be able of cunning to serve their respective Lords, +as well the lowest as the highest, to the honor and worship of the +aforesaid art, and to the profit of their Lords."</p> + +<p>Here, then, we may see the origin of that usage, which is still practiced +in every well governed lodge, not only of demanding a proper degree of +proficiency in the candidate, but also of testing that proficiency by an +examination.</p> + +<p>This cautious and honest fear of the fraternity, lest any Brother should +assume the duties of a position which he could not faithfully discharge, +and which is, in our time, tantamount to a candidate's advancing to a +degree for which he is not prepared, is again exhibited in the charges +enacted in the reign of James II., the manuscript of which was preserved +in the archives of the Lodge of Antiquity in London. In these charges it +is required, "that no Mason take on no lord's worke, nor any other man's, +unless he know himselfe well able to perform the worke, so that the craft +have no slander." In the same charges, it is prescribed that "no master, +or fellow, shall take no apprentice for less than seven years."</p> + +<p>In another series of charges, whose exact date is not ascertained, but +whose language and orthography indicate their antiquity, it is said: "Ye +shall ordain the wisest to be Master of the work; and neither for love nor +lineage, riches nor favor, set one over the work<sup><a href="#fn73">73</a></sup> who hath but little +knowledge, whereby the Master would be evil served, and ye ashamed."</p> + +<p>These charges clearly show the great stress that was placed by our ancient +Brethren upon the necessity of skill and proficiency, and they have +furnished the precedents upon which are based all the similar regulations +that have been subsequently applied to Speculative Masonry.</p> + +<p>In the year 1722, the Grand Lodge of England ordered the "Old Charges of +the Free and Accepted Masons" to be collected from the ancient records, +and, having approved of them, they became a part of the Constitutions of +Speculative Freemasonry. In these Charges, it is ordained that "a younger +Brother shall be instructed in working, to prevent spoiling the materials +for want of judgment, and for increasing and continuing of brotherly +love."</p> + +<p>Subsequently, in 1767, it was declared by the Grand Lodge, that "no lodge +shall be permitted to make and raise the same Brother, at one and the same +meeting, without a dispensation from the Grand Master, or his Deputy;" +and, lest too frequent advantage should be taken of this power of +dispensation, to hurry candidates through the degrees, it is added that +the dispensation, "<i>on very particular occasions only</i>, may be +requested."</p> + +<p>The Grand Lodge of England afterwards found it necessary to be more +explicit on this subject, and the regulation of that body is now contained +in the following language:</p> + +<p>"No candidate shall be permitted to receive more than one degree on the +same day, nor shall a higher degree in Masonry be conferred on any Brother +at a less interval than four weeks from his receiving a previous degree, +nor until he has passed an examination in open lodge in that degree."<sup><a href="#fn74">74</a></sup></p> + +<p>This seems to be the recognized principle on which the fraternity are, at +this day, acting in this country. The rule is, perhaps, sometimes, and in +some places, in abeyance. A few lodges, from an impolitic desire to +increase their numerical strength, or rapidly to advance men of worldly +wealth or influence to high stations in the Order, may infringe it, and +neglect to demand of their candidates that suitable proficiency which +ought to be, in Masonry, an essential recommendation to promotion; but the +great doctrine that each degree should be well studied, and the candidate +prove his proficiency in it by an examination, has been uniformly set +forth by the Grand Lodge of the United States, whenever they have +expressed an opinion on the subject.</p> + +<p>Thus, for instance, in 1845, the late Bro. A.A. Robertson, Grand Master of +New York, gave utterance to the following opinion, in his annual address +to the intelligent body over which he presided:</p> + +<p>"The practice of examining candidates in the prior degrees, before +admission to the higher, in order to ascertain their proficiency, is +gaining the favorable notice of Masters of lodges, and cannot be too +highly valued, nor too strongly recommended to all lodges in this +jurisdiction. It necessarily requires the novitiate to reflect upon the +bearing of all that has been so far taught him, and consequently to +impress upon his mind the beauty and utility of those sublime truths, +which have been illustrated in the course of the ceremonies he has +witnessed in his progress in the mystic art. In a word, it will be the +means of making competent overseers of the work—and no candidate should +be advanced, until he has satisfied the lodge, by such examination, that +he has made the necessary proficiency in the lower degrees."<sup><a href="#fn75">75</a></sup></p> + +<p>In 1845, the Grand Lodge of Iowa issued a circular to her subordinates, +in which she gave the following admonition:</p> + +<p>"To guard against hasty and improper work, she prohibits a candidate from +being advanced till he has made satisfactory proficiency in the preceding +degrees, by informing himself of the lectures pertaining thereto; and to +suffer a candidate to proceed who is ignorant in this essential +particular, is calculated in a high degree to injure the institution and +retard its usefulness."</p> + +<p>The Grand Lodge of Illinois has practically declared its adhesion to the +ancient regulation; for, in the year 1843, the dispensation of Nauvoo +Lodge, one of its subordinates, was revoked principally on the ground that +she was guilty "of pushing the candidate through the second and third +degrees, before he could possibly be skilled in the preceding degree." And +the committee who recommended the revocation, very justly remarked that +they were not sure that any length of probation would in all cases insure +skill, but they were certain that the ancient landmarks of the Order +required that the lodge should know that the candidate is well skilled in +one degree before being admitted to another.</p> + +<p>The Grand Lodges of Massachusetts and South Carolina have adopted, almost +in the precise words, the regulation of the Grand Lodge of England, +already cited, which requires an interval of one month to elapse between +the conferring of degrees. The Grand Lodge of New Hampshire requires a +greater probation for its candidates; its constitution prescribes the +following regulation: "All Entered Apprentices must work five months as +such, before they can be admitted to the degree of Fellow Craft. All +Fellow Crafts must work in a lodge of Fellow Crafts three months, before +they can be raised to the sublime degree of Master Mason. Provided, +nevertheless, that if any Entered Apprentice, or Fellow Craft, shall make +himself thoroughly acquainted with all the information belonging to his +degree, he may be advanced at an earlier period, at the discretion of the +lodge."</p> + +<p>But, perhaps, the most stringent rule upon this subject, is that which +exists in the Constitution of the Grand Lodge of Hanover, which is in the +following words:</p> + +<p>"No Brother can be elected an officer of a lodge until he has been three +years a Master Mason. A Fellow Craft must work at least one year in that +degree, before he can be admitted to the third degree. An Entered +Apprentice must remain at least two years in that degree."</p> + +<p>It seems unnecessary to extend these citations. The existence of the +regulation, which requires a necessary probation in candidates, until due +proficiency is obtained, is universally admitted. The ancient +constitutions repeatedly assert it, and it has received the subsequent +sanction of innumerable Masonic authorities. But, unfortunately, the +practice is not always in accordance with the rule. And, hence, the object +of this article is not so much to demonstrate the existence of the law, as +to urge upon our readers the necessity of a strict adherence to it. There +is no greater injury which can be inflicted on the Masonic Order (the +admission of immoral persons excepted), than that of hurrying candidates +through the several degrees. Injustice is done to the institution, whose +peculiar principles and excellencies are never properly presented—and +irreparable injury to the candidate, who, acquiring no fair appreciation +of the ceremonies through which he rapidly passes, or of the instructions +which he scarcely hears, is filled either with an indifference that never +afterwards can be warmed into zeal, or with a disgust that can never be +changed into esteem. Masonry is betrayed in such an instance by its +friends, and often loses the influence of an intelligent member, who, if +he had been properly instructed, might have become one of its warmest and +most steadfast advocates.</p> + +<p>This subject is so important, that I will not hesitate to add to the +influence of these opinions the great sanction of Preston's authority.</p> + +<p>"Many persons," says that able philosopher of Masonry, "are deluded by the +vague supposition that our mysteries are merely nominal; that the +practices established among us are frivolous, and that our ceremonies may +be adopted, or waived at pleasure. On this false foundation, we find them +hurrying through all the degrees of the Order, without adverting to the +propriety of one step they pursue, or possessing a single qualification +requisite for advancement. Passing through the usual formalities, they +consider themselves entitled to rank as masters of the art, solicit and +accept offices, and assume the government of the lodge, equally +unacquainted with the rules of the institution they pretend to support, or +the nature of the trust they engage to perform. The consequence is +obvious; anarchy and confusion ensue, and the substance is lost in the +shadow. Hence men eminent for ability, rank, and fortune, are often led to +view the honors of Masonry with such indifference, that when their +patronage is solicited, they either accept offices with reluctance, or +reject them with disdain."<sup><a href="#fn76">76</a></sup></p> + +<p>Let, then, no lodge which values its own usefulness, or the character of +our institution, admit any candidate to a higher degree, until he has made +suitable proficiency in the preceding one, to be always tested by a strict +examination in open lodge. Nor can it do so, without a palpable violation +of the laws of Masonry.</p> +</div> + +<div class="sec" id="b3-01-10"> +<h4>Section X.</h4> + +<h5><i>Of Balloting for Candidates in each Degree.</i></h5> + + +<p>Although there is no law, in the Ancient Constitutions, which in express +words requires a ballot for candidates in each degree, yet the whole tenor +and spirit of these constitutions seem to indicate that there should be +recourse to such a ballot. The constant reference, in the numerous +passages which were cited in the preceding Section, to the necessity of +an examination into the proficiency of those who sought advancement, would +necessarily appear to imply that a vote of the lodge must be taken on the +question of this proficiency. Accordingly, modern Grand Lodges have +generally, by special enactment, required a ballot to be taken on the +application of an Apprentice or Fellow Craft for advancement, and where no +such regulation has been explicitly laid down, the almost constant usage +of the craft has been in favor of such ballot.</p> + +<p>The Ancient Constitutions having been silent on the subject of the letter +of the law, local usage or regulations must necessarily supply the +specific rule.</p> + +<p>Where not otherwise provided by the Constitutions of a Grand Lodge or the +bye-laws of a subordinate lodge, analogy would instruct us that the +ballot, on the application of Apprentices or Fellow Crafts for +advancement, should be governed by the same principles that regulate the +ballot on petitions for initiation.</p> + +<p>Of course, then, the vote should be unanimous: for I see no reason why a +lodge of Fellow Crafts should be less guarded in its admission of +Apprentices, than a lodge of Apprentices is in its admission of profanes.</p> + +<p>Again, the ballot should take place at a stated meeting, so that every +member may have "due and timely notice," and be prepared to exercise his +"inherent privilege" of granting or withholding his consent; for it must +be remembered that the man who was worthy or supposed to be so, when +initiated as an Entered Apprentice, may prove to be unworthy when he +applies to pass as a Fellow Graft, and every member should, therefore, +have the means and opportunity of passing his judgment on that worthiness +or unworthiness.</p> + +<p>If the candidate for advancement has been rejected once, he may again +apply, if there is no local regulation to the contrary. But, in such a +case, due notice should be given to all the members, which is best done by +making the application at one regular meeting, and voting for it on the +next. This, however, I suppose to be only necessary in the case of a +renewed application after a rejection. An Entered Apprentice or a Fellow +Craft is entitled after due probation to make his application for +advancement; and his first application may be balloted for on the same +evening, provided it be a regular meeting of the lodge. The members are +supposed to know what work is before them to do, and should be there to +do it.</p> + +<p>But the case is otherwise whenever a candidate for advancement has been +rejected. He has now been set aside by the lodge, and no time is laid down +in the regulations or usages of the craft for his making a second +application. He may never do so, or he may in three months, in a year, or +in five years. The members are, therefore, no more prepared to expect this +renewed application at any particular meeting of the lodge, than they are +to anticipate any entirely new petition of a profane. If, therefore, the +second application is not made at one regular meeting and laid over to the +next, the possibility is that the lodge may be taken by surprise, and in +the words of the old Regulation, "a turbulent member may be imposed on +it."</p> + +<p>The inexpediency of any other course may be readily seen, from a +suppositions case. We will assume that in a certain lodge, A, who is a +Fellow Craft, applies regularly for advancement to the third degree. On +this occasion, for good and sufficient reasons, two of the members, B and +C, express their dissent by depositing black balls. His application to be +raised is consequently rejected, and he remains a Fellow Graft. Two or +three meetings of the lodge pass over, and at each, B and C are present; +but, at the fourth meeting, circumstances compel their absence, and the +friends of A, taking advantage of that occurrence, again propose him for +advancement; the ballot is forthwith taken, and he is elected and raised +on the same evening. The injustice of this course to B and C, and the evil +to the lodge and the whole fraternity, in this imposition of one who is +probably an unworthy person, will be apparent to every intelligent and +right-minded Mason.</p> + +<p>I do not, however, believe that a candidate should be rejected, on his +application for advancement, in consequence of objections to his moral +worth and character. In such a case, the proper course would be to prefer +charges, to try him as an Apprentice or Fellow Craft; and, if found +guilty, to suspend, expel, or otherwise appropriately punish him. The +applicant as well as the Order is, in such a case, entitled to a fair +trial. Want of proficiency, or a mental or physical disqualification +acquired since the reception of the preceding degree, is alone a +legitimate cause for an estoppal of advancement by the ballot. But this +subject will be treated of further in the chapter on the rights of Entered +Apprentices.</p> +</div> + +<div class="sec" id="b3-01-11"> +<h4>Section XI.</h4> + +<h5><i>Of the Number to be Initiated at one Communication.</i></h5> + + +<p>The fourth General Regulation decrees that "no Lodge shall make more than +five new Brothers at one time." This regulation has been universally +interpreted (and with great propriety) to mean that not more than five +degrees can be conferred at the same communication.</p> + +<p>This regulation is, however, subject to dispensation by the Grand Master, +or Presiding Grand Officer, in which case the number to be initiated, +passed, or raised, will be restricted only by the words of the +dispensation.</p> + +<p>The following, or fifth General Regulation, says that "no man can be made +or admitted a member of a particular lodge, without previous notice, one +month before, given to the same lodge."</p> + +<p>Now, as a profane cannot be admitted an Entered Apprentice, or in other +words, a member of an Entered Apprentices' lodge, unless after one month's +notice, so it follows that an Apprentice cannot be admitted a member of a +Fellow Crafts' lodge, nor a Fellow Craft of a Masters', without the like +probation. For the words of the regulation which apply to one, will +equally apply to the others. And hence we derive the law, that a month at +least must always intervene between the reception of one degree and the +advancement to another. But this rule is also subject to a dispensation.</p> +</div> + +<div class="sec" id="b3-01-12"> +<h4>Section XII.</h4> + +<h5><i>Of Finishing the Candidates of one Lodge in another.</i></h5> + + +<p>It is an ancient and universal regulation, that no lodge shall interfere +with the work of another by initiating its candidates, or passing or +raising its Apprentices and Fellow Crafts. Every lodge is supposed to be +competent to manage its own business, and ought to be the best judge of +the qualifications of its own members, and hence it would be highly +improper in any lodge to confer a degree on a Brother who is not of its +household.</p> + +<p>This regulation is derived from a provision in the Ancient Charges, which +have very properly been supposed to contain the fundamental law of +Masonry, and which prescribes the principle of the rule in the following +symbolical language:</p> + +<p>"None shall discover envy at the prosperity of a Brother, nor supplant him +or put him out of his work, if he be capable to finish the same; for no +man can finish another's work, so much to the Lord's profit, unless he be +thoroughly acquainted with the designs and draughts of him that began it."</p> + +<p>There is, however, a case in which one lodge may, by consent, legally +finish the work of another. Let us suppose that a candidate has been +initiated in a lodge at A——, and, before he receives his second degree, +removes to B——, and that being, by the urgency of his business, unable +either to postpone his departure from A——, until he has been passed and +raised, or to return for the purpose of his receiving his second and third +degrees, then it is competent for the lodge at A—— to grant permission +to the lodge at B—— to confer them on the candidate.</p> + +<p>But how shall this permission be given—by a unanimous vote, or merely by +a vote of the majority of the members at A——? Here it seems to me that, +so far as regards the lodge at A——, the reasons for unanimity no longer +exist. There is here no danger that a "fractious member will be imposed on +them," as the candidate, when finished, will become a member of the lodge +at B——. The question of consent is simply in the nature of a +resolution, and may be determined by the assenting votes of a majority of +the members at A—-. It is, however, to be understood, that if any Brother +believes that the candidate is unworthy, from character, of further +advancement, he may suspend the question of consent, by preferring charges +against him. If this is not done, and the consent of the lodge is +obtained, that the candidate may apply to the lodge at B—-, then when his +petition is read in that lodge, it must, of course, pass through the usual +ordeal of a month's probation, and a unanimous vote; for here the old +reasons for unanimity once more prevail.</p> + +<p>I know of no ancient written law upon this subject, but it seems to me +that the course I have described is the only one that could be suggested +by analogy and common sense.</p> +</div> + +<div class="sec" id="b3-01-13"> +<h4>Section XIII.</h4> + +<h5><i>Of the Initiation of Non-residents.</i></h5> + + +<p>The subject of this section is naturally divided into two +branches:—First, as to the initiation by a lodge of a candidate, who, +residing in the same State or Grand Lodge jurisdiction, is still not an +inhabitant of the town in which the lodge to which he applies is +situated, but resides nearer to some other lodge; and, secondly, as to the +initiation of a stranger, whose residence is in another State, or under +the jurisdiction of another Grand Lodge.</p> + +<p>1. The first of these divisions presents a question which is easily +answered. Although I can find no ancient regulation on this subject, +still, by the concurrent authority of all Grand Lodges in this country, at +least, (for the Grand Lodge of England has no such provision in its +Constitution,) every lodge is forbidden to initiate any person whose +residence is nearer to any other lodge. If, however, such an initiation +should take place, although the lodge would be censurable for its +violation of the regulations of its superior, yet there has never been any +doubt that the initiation would be good and the candidate so admitted +regularly made. The punishment must fall upon the lodge and not upon the +newly-made Brother.</p> + +<p>2. The second division presents a more embarrassing inquiry, on account of +the diversity of opinions which have been entertained on the subject. Can +a lodge in one State, or Grand Lodge jurisdiction, initiate the resident +of another State, and would such initiation be lawful, and the person so +initiated a regular Mason, or, to use the technical language of the Order, +a Mason made "in due form," and entitled to all the rights and privileges +of the Order?</p> + +<p>The question is one of considerable difficulty; it has given occasion to +much controversy, and has been warmly discussed within the last few years +by several of the Grand Lodges of the United States.</p> + +<p>In 1847, the Grand Lodge of Alabama adopted the following regulation, +which had been previously enacted by the Grand Lodge of Tennessee:</p> + +<p>"Any person residing within the jurisdiction of this Grand Lodge, who has +already, or shall hereafter, travel into any foreign jurisdiction, and +there receive the degrees of Masonry, such person shall not be entitled to +the rights, benefits, and privileges of Masonry within this jurisdiction, +until he shall have been regularly admitted a member of the subordinate +lodge under this Grand Lodge, nearest which he at the time resides, in the +manner provided by the Constitution of this Grand Lodge for the admission +of members."</p> + +<p>The rule adopted by the Grand Lodge of Maryland is still more stringent. +It declares, "that if any individual, from selfish motives, from distrust +of his acceptance, or other causes originating in himself, knowingly and +willfully travel into another jurisdiction, and there receive the masonic +degrees, he shall be considered and held as a clandestine made Mason."</p> + +<p>The Grand Lodge of New York, especially, has opposed these regulations, +inflicting a penalty on the initiate, and assigns its reasons for the +opposition in the following language:</p> + +<p>"Before a man becomes a Mason, he is subject to no law which any Grand +Lodge can enact. No Grand Lodge has a right to make a law to compel any +citizen, who desires, to be initiated in a particular lodge, or in the +town or State of his residence; neither can any Grand Lodge forbid a +citizen to go where he pleases to seek acceptance into fellowship with the +craft; and where there is no right to compel or to forbid, there can be no +right to punish; but it will be observed, that the laws referred to were +enacted to punish the citizens of Maryland and Alabama, as Masons and +Brethren, for doing something before they were Masons and Brethren, which +they had a perfect right to do as citizens and freemen; and it must +certainly be regarded as an act of deception and treachery by a young +Mason, on returning home, to be told, that he is 'a clandestine Mason,' +that he 'ought to be expelled,' or, that he cannot be recognized as a +Brother till he 'joins a lodge where his residence is,' because he was +initiated in New York, in England, or in France, after having heard all +his life of the universality and oneness of the institution."<sup><a href="#fn77">77</a></sup></p> + +<p>It seems to us that the Grand Lodge of New York has taken the proper view +of the subject; although we confess that we are not satisfied with the +whole course of reasoning by which it has arrived at the conclusion. +Whatever we may be inclined to think of the inexpediency of making +transient persons (and we certainly do believe that it would be better +that the character and qualifications of every candidate should be +submitted to the inspection of his neighbors rather than to that of +strangers), however much we may condemn the carelessness and facility of a +lodge which is thus willing to initiate a stranger, without that due +examination of his character, which, of course, in the case of +non-residents, can seldom be obtained, we are obliged to admit that such +makings are legal—the person thus made cannot be called a clandestine +Mason, because he has been made in a legally constituted lodge—and as he +is a regular Mason, we know of no principle by which he can be refused +admission as a visitor into any lodge to which he applies.</p> + +<p>Masonry is universal in its character, and knows no distinction of nation +or of religion. Although each state or kingdom has its distinct Grand +Lodge, this is simply for purposes of convenience in carrying out the +principles of uniformity and subordination, which should prevail +throughout the masonic system. The jurisdiction of these bodies is +entirely of a masonic character, and is exercised only over the members of +the Order who have voluntarily contracted their allegiance. It cannot +affect the profane, who are, of course, beyond its pale. It is true, that +as soon as a candidate applies to a lodge for initiation, he begins to +come within the scope of masonic law. He has to submit to a prescribed +formula of application and entrance, long before he becomes a member of +the Order. But as this formula is universal in its operation, affecting +candidates who are to receive it and lodges which are to enforce it in all +places, it must have been derived from some universal authority. The +manner, therefore, in which a candidate is to be admitted, and the +preliminary qualifications which are requisite, are prescribed by the +landmarks, the general usage, and the ancient constitutions of the Order. +And as they have directed the <i>mode how</i>, they might also have prescribed +the <i>place where</i>, a man should be made a Mason. But they have done no +such thing. We cannot, after the most diligent search, find any +constitutional regulation of the craft, which refers to the initiation of +non-residents. The subject has been left untouched; and as the ancient and +universally acknowledged authorities of Masonry have neglected to +legislate on the subject, it is now too late for any modern and local +authority, like that of a Grand Lodge, to do so.</p> + +<p>A Grand Lodge may, it is true, forbid—as Missouri, South Carolina, +Georgia, and several other Grand Lodges have done—the initiation of +non-residents, within its own jurisdiction, because this is a local law +enacted by a local authority; but it cannot travel beyond its own +territory, and prescribe the same rule to another Grand Lodge, which may +not, in fact, be willing to adopt it.</p> + +<p>The conclusions, then, at which we arrive no this subject are these: The +ancient constitutions have prescribed no regulation on the subject of the +initiation of non-residents; it is, therefore, optional with every Grand +Lodge, whether it will or will not suffer such candidates to be made +within its own jurisdiction; the making, where it is permitted, is legal, +and the candidate so made becomes a regular Mason, and is entitled to the +right of visitation.</p> + +<p>What, then, is the remedy, where a person of bad character, and having, in +the language of the Grand Lodge of Maryland, "a distrust of his +acceptance" at home, goes abroad and receives the degrees of Masonry? No +one will deny that such a state of things is productive of great evil to +the craft. Fortunately, the remedy is simple and easily applied. Let the +lodge, into whose jurisdiction he has returned, exercise its power of +discipline, and if his character and conduct deserve the punishment, let +him be expelled from the Order. If he is unworthy of remaining in the +Order, he should be removed from it at once; but if he is worthy of +continuing in it, there certainly can be no objection to his making use of +his right to visit.</p> +</div></div> + + +<div class="chapter" id="b3-02"> +<h3>Chapter II.</h3> + +<h4>Of the Rights of Entered Apprentices.</h4> + + + +<p>In an inquiry into the rights of Entered Apprentices, we shall not be much +assisted by the Ancient Constitutions, which, leaving the subject in the +position in which usage had established it, are silent in relation to what +is the rule. In all such cases, we must, as I have frequently remarked +before, in settling the law, have recourse to analogy, to the general +principles of equity, and the dictates of common sense, and, with these +three as our guides, we shall find but little difficulty in coming to a +right conclusion.</p> + +<p>At present, an Entered Apprentice is not considered a member of the Lodge, +which privilege is only extended to Master Masons. This was not formerly +the case. Then the Master's degree was not as indiscriminately conferred +as it is now. A longer probation and greater mental or moral +qualifications were required to entitle a candidate to this sublime +dignity. None were called Master Masons but such as had presided over +their Lodges, and the office of Wardens was filled by Fellow Crafts. +Entered Apprentices, as well as Fellow Crafts, were permitted to attend +the communications of the Grand Lodge, and express their opinions; and, in +1718, it was enacted that every new regulation, proposed in the Grand +Lodge, should be submitted to the consideration of even the youngest +Entered Apprentice. Brethren of this degree composed, in fact, at that +time, the great body of the craft. But, all these things have, since, by +the gradual improvement of our organization, undergone many alterations; +and Entered Apprentices seem now, by universal consent, to be restricted +to a very few rights. They have the right of sitting in all lodges of +their degree, of receiving all the instructions which appertain to it, but +not of speaking or voting, and, lastly, of offering themselves as +candidates for advancement, without the preparatory necessity of a formal +written petition.</p> + +<p>These being admitted to be the rights of an Entered Apprentice, few and +unimportant as they may be, they are as dear to him as those of a Master +Mason are to one who has been advanced to that degree; and he is, and +ought to be, as firmly secured in their possession. Therefore, as no Mason +can be deprived of his rights and privileges, except after a fair and +impartial trial, and the verdict of his peers, it is clear that the +Entered Apprentice cannot be divested of these rights without just such a +trial and verdict.</p> + +<p>But, in the next place, we are to inquire whether the privilege of being +passed as a Fellow Craft is to be enumerated among these rights? And, we +clearly answer, No. The Entered Apprentice has the right of making the +application. Herein he differs from a profane, who has no such right of +application until he has qualified himself for making it, by becoming an +Entered Apprentice. But, if the application is granted, it is <i>ex gratia</i>, +or, by the favour of the lodge, which may withhold it, if it pleases. If +such were not the case, the lodge would possess no free will on the +subject of advancing candidates; and the rule requiring a probation and an +examination, before passing, would be useless and absurd—because, the +neglect of improvement or the want of competency would be attended with no +penalty.</p> + +<p>It seems to me, then, that, when an Apprentice applies for his second +degree, the lodge may, if it thinks proper, refuse to grant it; and that +it may express that refusal by a ballot. No trial is necessary, because no +rights of the candidate are affected. He is, by a rejection of his +request, left in the same position that he formerly occupied. He is still +an Entered Apprentice, in good standing; and the lodge may, at any time it +thinks proper, reverse its decision and proceed to pass him.</p> + +<p>If, however, he is specifically charged with any offense against the laws +of Masonry, it would then be necessary to give him a trial. Witnesses +should be heard, both for and against him, and he should be permitted to +make his defense. The opinion of the lodge should be taken, as in all +other cases of trial, and, according to the verdict, he should be +suspended, expelled, or otherwise punished.</p> + +<p>The effect of these two methods of proceeding is very different. When, by +a ballot, the lodge refuses to advance an Entered Apprentice, there is +not, necessarily, any stigma on his moral character. It may be, that the +refusal is based on the ground that he has not made sufficient proficiency +to entitle him to pass. Consequently, his standing as an Entered +Apprentice is not at all affected. His rights remain the same. He may +still sit in the lodge when it is opened in his degree; he may still +receive instructions in that degree; converse with Masons on masonic +subjects which are not beyond his standing; and again apply to the lodge +for permission to pass as a Fellow Craft.</p> + +<p>But, if he be tried on a specific charge, and be suspended or expelled, +his moral character is affected. His masonic rights are forfeited; and he +can no longer be considered as an Entered Apprentice in good standing. He +will not be permitted to sit in his lodge, to receive masonic instruction, +or to converse with Masons on masonic subjects; nor can he again apply for +advancement until the suspension or expulsion is removed by the +spontaneous action of the lodge.</p> + +<p>These two proceedings work differently in another respect. The Grand Lodge +will not interfere with a subordinate lodge in compelling it to pass an +Entered Apprentice; because every lodge is supposed to be competent to +finish, in its own time, and its own way, the work that it has begun. But, +as the old regulations, as well as the general consent of the craft, admit +that the Grand Lodge alone can expel from the rights and privileges of +Masonry, and that an expulsion by a subordinate lodge is inoperative until +it is confirmed by the Grand Lodge, it follows that the expulsion of the +Apprentice must be confirmed by that body; and that, therefore, he has a +right to appeal to it for a reversal of the sentence, if it was unjustly +pronounced.</p> + +<p>Let it not be said that this would be placing an Apprentice on too great +an equality with Master Masons. His rights are dear to him; he has paid +for them. No man would become an Apprentice unless he expected, in time, +to be made a Fellow Craft, and then a Master. He is, therefore, morally +and legally wronged when he is deprived, without sufficient cause, of the +capacity of fulfilling that expectation. It is the duty of the Grand Lodge +to see that not even the humblest member of the craft shall have his +rights unjustly invaded; and it is therefore bound, as the conservator of +the rights of all, to inquire into the truth, and administer equity. +Whenever, therefore, even an Entered Apprentice complains that he has met +with injustice and oppression, his complaint should be investigated and +justice administered.</p> + +<p>The question next occurs—What number of black balls should prevent an +Apprentice from passing to the second degree? I answer, the same number +that would reject the application of a profane for initiation into the +Order. And why should this not be so? Are the qualifications which would +be required of one applying, for the first time, for admission to the +degree of an Apprentice more than would subsequently be required of the +same person on his applying for a greater favor and a higher honor—that +of being advanced to the second degree? Or do the requisitions, which +exist in the earlier stages of Masonry, become less and less with every +step of the aspirant's progress? Viewing the question in this light—and, +indeed, I know of no other in which to view it—it seems to me to be +perfectly evident that the peculiar constitution and principles of our +Order will require unanimity in the election of a profane for initiation, +of an Apprentice for a Fellow Craft, and of a Fellow Craft for a Master +Mason; and that, while no Entered Apprentice can be expelled from the +Order, except by due course of trial, it is competent for the lodge, at +any time, on a ballot, to refuse to advance him to the second degree. But, +let it be remembered that the lodge which refuses to pass an Apprentice, +on account of any objections to his moral character, or doubts of his +worthiness, is bound to give him the advantage of a trial, and at once to +expel him, if guilty, or, if innocent, to advance him when otherwise +qualified.</p> +</div> + + +<div class="chapter" id="b3-03"> +<h3>Chapter III.</h3> + +<h4>Of the Rights of Fellow Crafts.</h4> + + + +<p>In ancient times there were undoubtedly many rights attached to the second +degree which have now become obsolete or been repealed; for formerly the +great body of the fraternity were Fellow Crafts, and according to the old +charges, even the Grand Master might be elected from among them. The +Master and Wardens of Subordinate Lodges always were. Thus we are told +that no Brother can be Grand Master, "unless he has been a Fellow Craft +before his election," and in the ancient manner of constituting a lodge, +contained in the Book of Constitutions,<sup><a href="#fn78">78</a></sup> it is said that "the +candidates, or the new Master and Wardens, being yet among the Fellow +Crafts, the Grand Master shall ask his Deputy if he has examined them," +etc. But now that the great body of the Fraternity consists of Master +Masons, the prerogatives of Fellow Crafts are circumscribed within limits +nearly as narrow as those of Entered Apprentices. While, however, +Apprentices are not permitted to speak or vote, in ancient times, and up, +indeed, to a very late date. Fellow Crafts were entitled to take a part in +any discussion in which the lodge, while open in the first or second +degree, might engage, but not to vote. This privilege is expressly stated +by Preston, as appertaining to a Fellow Craft, in his charge to a +candidate, receiving that degree.</p> + +<p>"As a Craftsman, in our private assemblies you may offer your sentiments +and opinions on such subjects as are regularly introduced in the Lecture, +under the superintendence of an experienced Master, who will guard the +landmark against encroachment."<sup><a href="#fn79">79</a></sup></p> + +<p>This privilege is not now, however, granted in this country to Fellow +Crafts. All, therefore, that has been said in the preceding chapter, of +the rights of Entered Apprentices, will equally apply, <i>mutatis mutandis</i>, +to the rights of Fellow Crafts.</p> +</div> + + +<div class="chapter" id="b3-04"> +<h3>Chapter IV.</h3> + +<h4>Of the Rights of Master Masons.</h4> + + + +<p>When a Mason has reached the third degree, he becomes entitled to all the +rights and privileges of Ancient Craft Masonry. These rights are extensive +and complicated; and, like his duties, which are equally as extensive, +require a careful examination, thoroughly to comprehend them. Four of +them, at least, are of so much importance as to demand a distinct +consideration. These are the rights of membership, of visitation, of +relief, and of burial. To each I shall devote a separate section.</p> + + +<div class="sec" id="b3-04-01"> +<h4>Section I.</h4> + +<h5><i>Of the Right of Membership.</i></h5> + + +<p>The whole spirit and tenor of the General Regulations, as well as the +uniform usage of the craft, sustain the doctrine, that when a Mason is +initiated in a lodge, he has the right, by signing the bye-laws, to +become a member without the necessity of submitting to another ballot. In +the Constitutions of the Grand Lodge of New York, this principle is +asserted to be one of the ancient landmarks, and is announced in the +following words: "Initiation makes a man a Mason; but he must receive the +Master's degree, and sign the bye-laws before he becomes a member of the +lodge."<sup><a href="#fn80">80</a></sup> If the doctrine be not exactly a landmark (which I confess I +am not quite prepared to admit), it comes to us almost clothed with the +authority of one, from the sanction of universal and uninterrupted usage.</p> + +<p>How long before he loses this right by a <i>non-user</i>, or neglect to avail +himself of it, is, I presume, a question to be settled by local authority. +A lodge, or a Grand Lodge, may affix the period according to its +discretion; but the general custom is, to require a signature of the +bye-laws, and a consequent enrollment in the lodge, within three months +after receiving the third degree. Should a Mason neglect to avail himself +of his privilege, he forfeits it (unless, upon sufficient cause, he is +excused by the lodge), and must submit to a ballot.</p> + +<p>The reason for such a law is evident. If a Mason does not at once unite +himself with the lodge in which he was raised, but permits an extended +period of time to elapse, there is no certainty that his character or +habits may not have changed, and that he may not have become, since his +initiation, unworthy of affiliation. Under the general law, it is, +therefore, necessary that he should in such case submit to the usual +probation of one month, and an investigation of his qualifications by a +committee, as well as a ballot by the members.</p> + +<p>But there are other privileges also connected with this right of +membership. A profane is required to apply for initiation to the lodge +nearest his place of residence, and, if there rejected, can never in +future apply to any other lodge. But the rule is different with respect to +the application of a Master Mason for membership.</p> + +<p>A Master Mason is not restricted in his privilege of application for +membership within any geographical limits. All that is required of him is, +that he should be an affiliated Mason; that is, that he should be a +contributing member of a lodge, without any reference to its peculiar +locality, whether near to or distant from his place of residence. The Old +Charges simply prescribe, that every Mason ought to belong to a lodge. A +Mason, therefore, strictly complies with this regulation, when he unites +himself with any lodge, thus contributing to the support of the +institution, and is then entitled to all the privileges of an affiliated +Mason.</p> + +<p>A rejection of the application of a Master Mason for membership by a lodge +does not deprive him of the right of applying to another. A Mason is in +"good standing" until deprived of that character by the action of some +competent masonic authority; and that action can only be by suspension or +expulsion. Rejection does not, therefore, affect the "good standing" of +the applicant; for in a rejection there is no legal form of trial, and +consequently the rejected Brother remains in the same position after as +before his rejection. He possesses the same rights as before, unimpaired +and undiminished; and among these rights is that of applying for +membership to any lodge that he may select.</p> + +<p>If, then, a Mason may be a member of a lodge distant from his place of +residence, and, perhaps, even situated in a different jurisdiction, the +question then arises whether the lodge within whose precincts he resides, +but of which he is not a member, can exercise its discipline over him +should he commit any offense requiring masonic punishment. On this subject +there is, among masonic writers, a difference of opinion. I, however, +agree with Brother Pike, the able Chairman of the Committee of +Correspondence of Arkansas, that the lodge can exercise such discipline. I +contend that a Mason is amenable for his conduct not only to the lodge of +which he may be a member, but also to any one within whose jurisdiction he +permanently resides. A lodge is the conservator of the purity and the +protector of the integrity of the Order within its precincts. The unworthy +conduct of a Mason, living as it were immediately under its government, is +calculated most injuriously to affect that purity and integrity. A lodge, +therefore, should not be deprived of the power of coercing such unworthy +Mason, and, by salutary punishment, of vindicating the character of the +institution. Let us suppose, by way of example, that a Mason living in San +Francisco, California, but retaining his membership in New York, behaves +in such an immoral and indecorous manner as to bring the greatest +discredit upon the Order, and to materially injure it in the estimation of +the uninitiated community. Will it be, for a moment, contended that a +lodge in San Francisco cannot arrest the evil by bringing the unworthy +Mason under discipline, and even ejecting him from the fraternity, if +severity like that is necessary for the protection of the institution? Or +will it be contended that redress can only be sought through the delay and +uncertainty of an appeal to his lodge in New York? Even if the words of +the ancient laws are silent on this subject, reason and justice would seem +to maintain the propriety and expediency of the doctrine that the lodge at +San Francisco is amply competent to extend its jurisdiction and exercise +its discipline over the culprit.</p> + +<p>In respect to the number of votes necessary to admit a Master Mason +applying by petition for membership in a lodge, there can be no doubt that +he must submit to precisely the same conditions as those prescribed to a +profane on his petition for initiation. There is no room for argument +here, for the General Regulations are express on this subject.</p> + +<p>"No man can be made or <i>admitted a member</i> of a particular lodge," says +the fifth regulation, "without previous notice one month before given to +the said lodge."</p> + +<p>And the sixth regulation adds, that "no man can be entered a Brother in +any particular lodge, or <i>admitted to be a member</i> thereof, without the +unanimous consent of all the members of that lodge then present."</p> + +<p>So that it may be considered as settled law, so far as the General +Regulations can settle a law of Masonry, that a Master Mason can only be +admitted a member of a lodge when applying by petition, after a month's +probation, after due inquiry into his character, and after a unanimous +ballot in his favor.</p> + +<p>But there are other rights of Master Masons consequent upon membership, +which remain to be considered. In uniting with a lodge, a Master Mason +becomes a participant of all its interests, and is entitled to speak and +vote upon all subjects that come before the lodge for investigation. He is +also entitled, if duly elected by his fellows, to hold any office in the +lodge, except that of Master, for which he must be qualified by previously +having occupied the post of a Warden.</p> + +<p>A Master has the right in all cases of an appeal from the decision of the +Master or of the lodge.</p> + +<p>A Master Mason, in good standing, has a right at any time to demand from +his lodge a certificate to that effect.</p> + +<p>Whatever other rights may appertain to Master Masons will be the subjects +of separate sections.</p> +</div> + +<div class="sec" id="b3-04-02"> +<h4>Section II.</h4> + +<h5><i>Of the Right of Visit.</i></h5> + + +<p>Every Master Mason, who is an affiliated member of a lodge, has the right +to visit any other lodge as often as he may desire to do so. This right is +secured to him by the ancient regulations, and is, therefore, +irreversible. In the "Ancient Charges at the Constitution of a Lodge," +formerly contained in a MS. of the Lodge of Antiquity in London, and whose +date is not later than 1688,<sup><a href="#fn81">81</a></sup>it is directed "that every Mason receive +and cherish strange fellows when they come over the country, and set them +on work, if they will work as the manner is; that is to say, if the Mason +have any mould stone in his place, he shall give him a mould stone, and +set him on work; and if he have none, the Mason shall refresh him with +money unto the next lodge."</p> + +<p>This regulation is explicit. It not only infers the right of visit, but +it declares that the strange Brother shall be welcomed, "received, and +cherished," and "set on work," that is, permitted to participate in the +work of your lodge. Its provisions are equally applicable to Brethren +residing in the place where the lodge is situated as to transient +Brethren, provided that they are affiliated Masons.</p> + +<p>In the year 1819, the law was in England authoritatively settled by a +decree of the Grand Lodge. A complaint had been preferred against a lodge +in London, for having refused admission to some Brethren who were well +known to them, alleging that as the lodge was about to initiate a +candidate, no visitor could be admitted until that ceremony was concluded. +It was then declared, "that it is the undoubted right of every Mason who +is well known, or properly vouched, to visit any lodge during the time it +is opened for general masonic business, observing the proper forms to be +attended to on such occasions, and so that the Master may not be +interrupted in the performance of his duty."<sup><a href="#fn82">82</a></sup></p> + +<p>A lodge, when not opened for "general masonic business," but when engaged +in the consideration of matters which interest the lodge alone, and which +it would be inexpedient or indelicate to make public, may refuse to admit +a visitor. Lodges engaged in this way, in private business, from which +visitors are excluded, are said by the French Masons to be opened "<i>en +famille</i>."</p> + +<p>To entitle him to this right of visit, a Mason must be affiliated, that +is, he must be a contributing member of some lodge. This doctrine is thus +laid down in the Constitutions of the Grand Lodge of England:</p> + +<p>"A Brother who is not a subscribing member to some lodge, shall not be +permitted to visit any one lodge in the town or place in which he resides, +more than once during his secession from the craft."</p> + +<p>A non-subscribing or unaffiliated Mason is permitted to visit each lodge +once, and once only, because it is supposed that this visit is made for +the purpose of enabling him to make a selection of the one with which he +may prefer permanently to unite. But, afterwards, he loses this right of +visit, to discountenance those Brethren who wish to continue members of +the Order, and to partake of its pleasures and advantages, without +contributing to its support.</p> + +<p>A Master Mason is not entitled to visit a lodge, unless he previously +submits to an examination, or is personally vouched for by a competent +Brother present; but this is a subject of so much importance as to claim +consideration in a distinct section.</p> + +<p>Another regulation is, that a strange Brother shall furnish the lodge he +intends to visit with a certificate of his good standing in the lodge from +which he last hailed. This regulation has, in late years, given rise to +much discussion. Many of the Grand Lodges of this country, and several +masonic writers, strenuously contend for its antiquity and necessity, +while others as positively assert that it is a modern innovation upon +ancient usage.</p> + +<p>There can, however, I think, be no doubt of the antiquity of certificates. +That the system requiring them was in force nearly two hundred years ago, +at least, will be evident from the third of the Regulations made in +General Assembly, December 27, 1663, under the Grand Mastership of the +Earl of St. Albans,<sup><a href="#fn83">83</a></sup> and which is in the following words:</p> + +<p>"3. That no person hereafter who shall be accepted a Freemason, shall be +admitted into any lodge or assembly, until he has brought a certificate +of the time and place of his acceptation, from the lodge that accepted +him, unto the Master of that limit or division where such a lodge is +kept." This regulation has been reiterated on several occasions, by the +Grand Lodge of England in 1772, and at subsequent periods by several Grand +Lodges of this and other countries. It is not, however, in force in many +of the American jurisdictions.</p> + +<p>Another right connected with the right of visitation is, that of demanding +a sight of the Warrant of Constitution. This instrument it is, indeed, not +only the right but the duty of every strange visitor carefully to inspect, +before he enters a lodge, that he may thus satisfy himself of the legality +and regularity of its character and authority. On such a demand being made +by a visitor for a sight of its Warrant, every lodge is bound to comply +with the requisition, and produce the instrument. The same rule, of +course, applies to lodges under dispensation, whose Warrant of +Dispensation supplies the place of a Warrant of Constitution.</p> +</div> + +<div class="sec" id="b3-04-03"> +<h4>Section III.</h4> + +<h5><i>Of the Examination of Visitors.</i></h5> + + +<p>It has already been stated, in the preceding section, that a Master Mason +is not permitted to visit a lodge unless he previously submits to an +examination, or is personally vouched for by some competent Brother +present. The prerogative of vouching for a Brother is an important one, +and will constitute the subject of the succeeding section. At present let +us confine ourselves to the consideration of the mode of examining a +visitor.</p> + +<p>Every visitor, who offers himself to the appointed committee of the lodge +for examination, is expected, as a preliminary step, to submit to the +Tiler's Obligation; so called, because it is administered in the Tiler's +room. As this obligation forms no part of the secret ritual of the Order, +but is administered to every person before any lawful knowledge of his +being a Mason has been received, there can be nothing objectionable in +inserting it here, and in fact, it will be advantageous to have the +precise words of so important a declaration placed beyond the possibility +of change or omission by inexperienced Brethren.</p> + +<p>The oath, then, which is administered to the visitor, and which he may, if +he chooses, require every one present to take with him, is in the +following words</p> + +<p>"I, A. B., do hereby and hereon solemnly and sincerely swear, that I have +been regularly initiated, passed, and raised, to the sublime degree of a +Master Mason, in a just and legally constituted lodge of such, that I do +not now stand suspended or expelled, and know of no reason why I should +not hold masonic communication with my Brethren.</p> + +<p>This declaration having been given in the most solemn manner, the +examination must then be conducted with the necessary forms. The good old +rule of "commencing at the beginning" should be observed. Every question +is to be asked and every answer demanded which is necessary to convince +the examiner that the party examined is acquainted with what he ought to +know, to entitle him to the appellation of a Brother. Nothing is to be +taken for granted—categorical answers must be required to all that it is +deemed important to be asked. No forgetfulness is to be excused, nor is +the want of memory to be accepted as a valid excuse for the want of +knowledge. The Mason, who is so unmindful of his duties as to have +forgotten the instructions he has received, must pay the penalty of his +carelessness, and be deprived of his contemplated visit to that society +whose secret modes of recognition he has so little valued as not to have +treasured them in his memory. While there are some things which may be +safely passed over in the examination of one who confesses himself to be +"rusty," or but recently initiated, because they are details which require +much study to acquire, and constant practice to retain, there are still +other things of great importance which must be rigidly demanded, and with +the knowledge of which the examiner cannot, under any circumstances, +dispense.</p> + +<p>Should suspicions of imposture arise, let no expression of these +suspicions be made until the final decree for rejection is pronounced. And +let that decree be uttered in general terms, such as: "I am not +satisfied," or, "I do not recognize you," and not in more specific terms, +such as, "You did not answer this inquiry," or, "You are ignorant on that +point." The visitor is only entitled to know, generally, that he has not +complied with the requisitions of his examiner. To descend to particulars +is always improper and often dangerous.</p> + +<p>Above all, the examiner should never ask what are called "leading +questions," or such as include in themselves an indication of what the +answer is to be; nor should he in any manner aid the memory of the party +examined by the slightest hint. If he has it in him, it will come out +without assistance, and if he has it not, he is clearly entitled to no +aid.</p> + +<p>Lastly, never should an unjustifiable delicacy weaken the rigor of these +rules. Let it be remembered, that for the wisest and most evident reasons, +the merciful maxim of the law, which says, that it is better that +ninety-nine guilty men should escape than that one innocent man should be +punished, is with us reversed, and that in Masonry <i>it is better that +ninety and nine true men should be turned away from the door of a lodge +than that one cowan should be admitted</i>.</p> +</div> + +<div class="sec" id="b3-04-04"> +<h4>Section IV.</h4> + +<h5><i>Of Vouching for a Brother.</i></h5> + + +<p>An examination may sometimes be omitted when any competent Brother present +will vouch for the visitor's masonic standing and qualifications. This +prerogative of vouching is an important one which every Master Mason is +entitled, under certain restrictions, to exercise; but it is also one +which may so materially affect the well-being of the whole +fraternity—since by its injudicious use impostors might be introduced +among the faithful—that it should be controlled by the most stringent +regulations.</p> + +<p>To vouch for one, is to bear witness for him; and, in witnessing to truth, +every caution should be observed, lest falsehood should cunningly assume +its garb. The Brother who vouches should, therefore, know to a certainty +that the one for whom he vouches is really what he claims to be. He should +know this not from a casual conversation, nor a loose and careless +inquiry, but, as the unwritten law of the Order expresses it, from +"<i>strict trial, due examination, or lawful information</i>."</p> + +<p>Of strict trial and due examination I have already treated in the +preceding section; and it only remains to say, that when the vouching is +founded on the knowledge obtained in this way, it is absolutely necessary +that the Brother so vouching shall be <i>competent</i> to conduct such an +examination, and that his general intelligence and shrewdness and his +knowledge of Masonry shall be such as to place him above the probability +of being imposed upon. The important and indispensable qualification of a +voucher is, therefore, that he shall be competent. The Master of a lodge +has no right to accept, without further inquiry, the avouchment of a +young and inexperienced, or even of an old, if ignorant, Mason.</p> + +<p>Lawful information, which is the remaining ground for an avouchment, may +be derived either from the declaration of another Brother, or from having +met the party vouched for in a lodge on some previous occasion.</p> + +<p>If the information is derived from another Brother, who states that he has +examined the party, then all that has already been said of the competency +of the one giving the information is equally applicable. The Brother, +giving the original information, must be competent to make a rigid +examination. Again, the person giving the information, the one receiving +it, and the one of whom it is given, should be all present at the time; +for otherwise there would be no certainty of identity. Information, +therefore, given by letter or through a third party, is highly irregular. +The information must also be positive, not founded on belief or opinion, +but derived from a legitimate source. And, lastly, it must not have been +received casually, but for the very purpose of being used for masonic +purposes. For one to say to another in the course of a desultory +conversation: "A.B. is a Mason," is not sufficient. He may not be +speaking with due caution, under the expectation that his words will be +considered of weight. He must say something to this effect: "I know this +man to be a Master Mason," for such or such reasons, and you may safely +recognize him as such. This alone will insure the necessary care and +proper observance of prudence.</p> + +<p>If the information given is on the ground that the person, vouched has +been seen sitting in a lodge by the voucher, care must be taken to inquire +if it was a "Lodge of Master Masons." A person may forget, from the lapse +of time, and vouch for a stranger as a Master Mason, when the lodge in +which he saw him was only opened in the first or second degree.</p> +</div> + +<div class="sec" id="b3-04-05"> +<h4>Section V.</h4> + +<h5><i>Of the Right of Claiming Relief.</i></h5> + + +<p>One of the great objects of our institution is, to afford relief to a +worthy, distressed Brother. In his want and destitution, the claim of a +Mason upon his Brethren is much greater than that of a profane. This is a +Christian as well as a masonic doctrine. "As we have therefore +opportunity," says St. Paul, "let us do good unto all men, especially +unto them who are of the household of faith."</p> + +<p>This claim for relief he may present either to a lodge or to a Brother +Mason. The rule, as well as the principles by which it is to be regulated, +is laid down in that fundamental law of Masonry, the Old Charges, in the +following explicit words, under the head of "Behavior towards a strange +Brother:"</p> + +<p>"You are cautiously to examine him, in such a method as prudence shall +direct you, that you may not be imposed upon by an ignorant, false +pretender, whom you are to reject with contempt and derision, and beware +of giving him any hints of knowledge.</p> + +<p>"But if you discover him to be a true and genuine Brother, you are to +respect him accordingly; and if he is in want, you must relieve him if you +can, or else direct him how he may be relieved. You must employ him some +days, or else recommend him to be employed. But you are not charged to do +beyond your ability, only to prefer a poor Brother, that is a good man and +true, before any other people in the same circumstances."</p> + +<p>This law thus laid down, includes, it will be perceived, as two important +prerequisites, on which to found a claim for relief, that the person +applying shall be in distress, and that he shall be worthy of assistance.</p> + +<p>He must be in distress. Ours is not an insurance company, a joint stock +association, in which, for a certain premium paid, an equivalent may be +demanded. No Mason, or no lodge, is bound to give pecuniary or other aid +to a Brother, unless he really needs. The word " benefit," as usually used +in the modern friendly societies, has no place in the vocabulary of +Freemasonry. If a wealthy Brother is afflicted with sorrow or sickness, we +are to strive to comfort him with our sympathy, our kindness, and our +attention, but we are to bestow our eleemosynary aid only on the indigent +or the destitute.</p> + +<p>He must also be worthy. There is no obligation on a Mason to relieve the +distresses, however real they may be, of an unworthy Brother. The claimant +must be, in the language of the Charge, "true and genuine." True here is +used in its good old Saxon meaning, of "faithful" or "trusty." A true +Mason is one who is mindful of his obligations, and who faithfully +observes and practices all his duties. Such a man, alone, can rightfully +claim the assistance of his Brethren.</p> + +<p>But a third provision is made in the fundamental law; namely, that the +assistance is not to be beyond the ability of the giver. One of the most +important landmarks, contained in our unwritten law, more definitely +announces this provision, by the words, that the aid and assistance shall +be without injury to oneself or his family. Masonry does not require that +we shall sacrifice our own welfare to that of a Brother; but that with +prudent liberality, and a just regard to our own worldly means, we shall +give of the means with which Providence may have blessed us for the relief +of our distressed Brethren.</p> + +<p>It is hardly necessary to say, that the claim for relief of a worthy +distressed Mason extends also to his immediate family.</p> +</div> + +<div class="sec" id="b3-04-06"> +<h4>Section VI.</h4> + +<h5><i>Of the Right of Masonic Burial.</i></h5> + + +<p>After a very careful examination, I can find nothing in the old charges or +General Regulations, nor in any other part of the fundamental law, in +relation to masonic burial of deceased Brethren. It is probable that, at +an early period, when the great body of the craft consisted of Entered +Apprentices, the usage permitted the burial of members, of the first or +second degree, with the honors of Masonry. As far back as 1754, +processions for the purpose of burying Masons seemed to have been +conducted by some of the lodges with either too much frequency, or some +other irregularity; for, in November of that year, the Grand Lodge adopted +a regulation, forbidding them, under a heavy penalty, unless by permission +of the Grand Master, or his Deputy.<sup><a href="#fn84">84</a></sup> As there were, comparatively +speaking, few Master Masons at that period, it seems a natural inference +that most of the funeral processions were for the burial of Apprentices, +or, at least, of Fellow Crafts.</p> + +<p>But the usage since then, has been greatly changed; and by universal +consent, the law, as first committed to writing, by Preston, who was the +author of our present funeral service, is now adopted.</p> + +<p>The Regulation, as laid down by Preston, is so explicit, that I prefer +giving it in his own words.<sup><a href="#fn85">85</a></sup></p> + +<p>"No Mason can be interred with the formalities of the Order, unless it be +at his own special request, communicated to the Master of the Lodge of +which he died a member—foreigners and sojourners excepted; nor unless he +has been advanced to the third degree of Masonry, from which restriction +there can be no exception. Fellow Crafts or Apprentices are not entitled +to the funeral obsequies."</p> + +<p>This rule has been embodied in the modern Constitutions of the Grand Lodge +of England; and, as I have already observed, appears by universal consent +to have been adopted as the general usage.</p> + +<p>The necessity for a dispensation, which is also required by the modern +English Constitutions, does not seem to have met with the same general +approval, and in this country, dispensations for funeral processions are +not usually, if at all, required. Indeed, Preston himself, in explaining +the law, says that it was not intended to restrict the privileges of the +regular lodges, but that, "by the universal practice of Masons, every +regular lodge is authorized by the Constitution to act on such occasions +when limited to its own members."<sup><a href="#fn86">86</a></sup> It is only when members of other +lodges, not under the control of the Master, are convened, that a +dispensation is required. But in America, Grand Lodges or Grand Masters +have not generally interfered with the rights of the lodges to bury the +dead; the Master being of course amenable to the constituted authorities +for any indecorum or impropriety.</p> +</div></div> + + +<div class="chapter" id="b3-05"> +<h3>Chapter V.</h3> + +<h4>Of the Rights of Past Masters.</h4> + + + +<p>I have already discussed the right of Past Masters to become members of a +Grand Lodge, in a preceding part of this work,<sup><a href="#fn87">87</a></sup> and have there arrived +at the conclusion that no such inherent right exists, and that a Grand +Lodge may or may not admit them to membership, according to its own notion +of expediency. Still the fact, that they are competent by their masonic +rank of accepting such a courtesy when extended, in itself constitutes a +prerogative; for none but Masters, Wardens, or Past Masters, can under any +circumstances become members of a Grand Lodge.</p> + +<p>Past Masters possess a few other positive rights.</p> + +<p>In the first place they have a right to install their successors, and at +all times subsequent to their installation to be present at the ceremony +of installing Masters of lodges. I should scarcely have deemed it +necessary to dwell upon so self-evident a proposition, were it not that it +involves the discussion of a question which has of late years been warmly +mooted in some jurisdictions, namely, whether this right of being present +at an installation should, or should not, be extended to Past Masters, +made in Royal Arch Chapters.</p> + +<p>In view of the fact, that there are two very different kinds of possessors +of the same degree, the Grand Lodge of England has long since +distinguished them as "virtual" and as "actual" Past Masters. The terms +are sufficiently explicit, and have the advantage of enabling us to avoid +circumlocution, and I shall, therefore, adopt them.</p> + +<p>An <i>actual Past Master</i> is one who has been regularly installed to preside +over a symbolic lodge under the jurisdiction of a Grand Lodge. A <i>virtual +Past Master</i> is one who has received the degree in a chapter, for the +purpose of qualifying him for exaltation to the Royal Arch.</p> + +<p>Now the question to be considered is this. Can a virtual Past Master be +permitted to be present at the installation of an actual Past Master?</p> + +<p>The Committee of Correspondence of New York, in 1851, announced the +doctrine, that a Chapter, or virtual Past Master, cannot legally install +the Master of a Symbolic Lodge; but that there is no rule forbidding his +being present at the ceremony. This doctrine has been accepted by several +Grand Lodges, while others again refuse to admit the presence of a virtual +Past Master at the installation-service.</p> + +<p>In South Carolina, for instance, by uninterrupted usage, virtual Past +Masters are excluded from the ceremony of installation.</p> + +<p>In Louisiana, under the high authority of the late Brother Gedge, it is +asserted, that "it is the bounden duty of all Grand Lodges to prevent the +possessors of the (chapter) degree from the exercise of any function +appertaining to the office and attributes of an installed Master of a +lodge of Symbolic Masonry, and refuse to recognize them as belonging to +the order of Past Masters."<sup><a href="#fn88">88</a></sup></p> + +<p>Brother Albert Pike, whose opinion on masonic jurisprudence is entitled to +the most respectful consideration, has announced a similar doctrine in one +of his elaborate reports to the Grand Chapter of Arkansas. He does not +consider "that the Past Master's degree, conferred in a chapter, invests +the recipient with any rank or authority, except within the chapter +itself; that it no ways qualifies or authorizes him to preside in the +chair of a lodge: that a lodge has no legal means of knowing that he has +received the degree in a chapter: for it is not supposed to know anything +that takes place there any more than it knows what takes place in a Lodge +of Perfection, or a Chapter of Knights of the Rose Croix;" and, of course, +if the Past Masters of a lodge have no such "legal means" of recognition +of Chapter Masters, they cannot permit them to be present at an +installation.</p> + +<p>This is, in fact, no new doctrine. Preston, in his description of the +installation ceremony, says: "The new Master is then conducted to an +adjacent room, where he is regularly installed, and bound to his trust in +ancient form, in the presence of at least <i>three installed Masters</i>"<sup><a href="#fn89">89</a></sup> +And Dr. Oliver, in commenting on this passage, says, "this part of the +ceremony can only be orally communicated, nor can any but <i>installed</i> +Masters be present."<sup><a href="#fn90">90</a></sup></p> + +<p>And this rule appears to be founded on the principles of reason. There can +be no doubt, if we carefully examine the history of Masonry in this +country and in England, that the degree of Past Master was originally +conferred by Symbolic Lodges as an honorarium or reward bestowed upon +those Brethren who had been found worthy to occupy the Oriental Chair. In +so far it was only a degree of office, and could be obtained only from the +Lodge in which the office had been conferred. At a later period it was +deemed an essential prerequisite to exaltation in the degree of Royal +Arch, and was, for that purpose, conferred on candidates for that +position, while the Royal Arch degree was under the control of the +symbolic Lodges, but still only conferred by the Past Masters of the +Lodge. But subsequently, when the system of Royal Arch Masonry was greatly +enlarged and extended in this country, and chapters were organized +independent of the Grand and symbolic Lodges, these Chapters took with +them the Past Master's degree, and assumed the right of conferring it on +their candidates. Hence arose the anomaly which now exists in American +Masonry, of two degrees bearing the same name, and said to be almost +identical in character, conferred by two different bodies under entirely +different qualifications and for totally different purposes. As was to be +expected, when time had in some degree obliterated the details of history, +each party began to claim for itself the sovereign virtue of legitimacy. +The Past Masters of the Chapters denied the right of the Symbolic Lodges +to confer the degree, and the latter, in their turn, asserted that the +degree, as conferred in the Chapter, was an innovation.</p> + +<p>The prevalence of the former doctrine would, of course, tend to deprive +the Symbolic Lodges of a vested right held by them from the most ancient +times—that, namely, of conferring an honorarium on their Masters elect.</p> + +<p>On the whole, then, from this view of the surreptitious character of the +Chapter Degree, and supported by the high authority whom I have cited, as +well as by the best usage, I am constrained to believe that the true rule +is, to deny the Chapter, or Virtual Past Masters, the right to install, or +to be present at the installation of the Master of a Symbolic Lodge. A +Past Master may preside over a lodge in the absence of the Master, +provided he is invited to do so by the Senior Warden present. The Second +General Regulation gave the power of presiding, during the absence of the +Master, to the last Past Master present, after the lodge had been +congregated by the Senior Warden; but two years afterwards, the rule was +repealed, and the power of presiding in such cases was vested in the +Senior Warden. And accordingly, in this country, it has always been held, +that in the absence of the Master, his authority descends to the Senior +Warden, who may, however, by courtesy, offer the chair to a Past Master +present, after the lodge has been congregated. Some jurisdictions have +permitted a Past Master to preside in the absence of the Master and both +Wardens, provided he was a member of that lodge. But I confess that I can +find no warrant for this rule in any portion of our fundamental laws. The +power of congregating the lodge in the absence of the Master has always +been confined to the Wardens; and it therefore seems to me, that when both +the Master and Wardens are absent, although a Past Master may be present, +the lodge cannot be opened.</p> + +<p>A Past Master is eligible for election to the chair, without again passing +through the office of a Warden.</p> + +<p>He is also entitled to a seat in the East, and to wear a jewel and collar +peculiar to his dignity.</p> + +<p>By an ancient regulation, contained in the Old Charges, Past Masters alone +were eligible to the office of Grand Warden. The Deputy Grand Master was +also to be selected from among the Masters, or Past Masters of Lodges. No +such regulation was in existence as to the office of Grand Master, who +might be selected from the mass of the fraternity. At the present time, in +this country, it is usual to select the Grand officers from among the Past +Masters of the jurisdiction, though I know of no ancient law making such a +regulation obligatory, except in respect to the affairs of Grand Wardens +and Deputy Grand Master.</p> +</div> + + +<div class="chapter" id="b3-06"> +<h3>Chapter VI.</h3> + +<h4>Of Affiliation.</h4> + + + +<p>Affiliation is defined to be the act by which a lodge receives a Mason +among its members. A profane is said to be "initiated," but a Mason is +"affiliated."<sup><a href="#fn91">91</a></sup></p> + +<p>Now the mode in which a Mason becomes affiliated with a lodge, in some +respects differs from, and in others resembles, the mode in which a +profane is initiated.</p> + +<p>A Mason, desiring to be affiliated with a lodge, must apply by petition; +this petition must be referred to a committee for investigation of +character, he must remain in a state of probation for one month, and must +then submit to a ballot, in which unanimity will be required for his +admission. In all these respects, there is no difference in the modes of +regulating applications for initiation and affiliation. The Fifth and +Sixth General Regulations, upon which these usages are founded, draw no +distinction between the act of making a Mason and admitting a member. The +two processes are disjunctively connected in the language of both +regulations. "No man can be made, <i>or admitted a member</i> * * * * without +previous notice one month before;" are the words of the Fifth Regulation. +And in a similar spirit the Sixth adds: "But no man can be entered a +Brother in any particular lodge, <i>or admitted to be a member</i> thereof, +without the unanimous consent of all the members of that lodge."</p> + +<p>None but Master Masons are permitted to apply for affiliation; and every +Brother so applying must bring to the lodge to which he applies a +certificate of his regular dismission from the lodge of which he was last +a member. This document is now usually styled a "demit," and should +specify the good standing of the bearer at the time of his resignation or +demission.</p> + +<p>Under the regulations of the various Grand Lodges of this country, a +profane cannot, as has been already observed, apply for initiation in any +other lodge than the one nearest to his residence. No such regulation, +however, exists in relation to the application of a Mason for +affiliation. Having once been admitted into the Order, he has a right to +select the lodge with which he may desire to unite himself. He is not even +bound to affiliate with the lodge in which he was initiated, but after +being raised, may leave it, without signing the bye-laws, and attach +himself to another.</p> + +<p>A profane, having been rejected by a lodge, can never apply to any other +for initiation. But a Mason, having been rejected, on his application for +affiliation, by a lodge, is not thereby debarred from subsequently making +a similar application to any other.</p> + +<p>In some few jurisdictions a local regulation has of late years been +enacted, that no Mason shall belong to more than one lodge. It is, I +presume, competent for a Grand Lodge to enact such a regulation; but where +such enactment has not taken place, we must be governed by the ancient and +general principle.</p> + +<p>The General Regulations, adopted in 1721, contain no reference to this +case; but in a new regulation, adopted on the 19th February, 1723, it was +declared that "no Brother shall belong to more than one lodge within the +bills of mortality." This rule was, therefore, confined to the lodges in +the city of London, and did not affect the country lodges. Still, +restricted as it was in its operation, Anderson remarks, "this regulation +is neglected for several reasons, and now obsolete."<sup><a href="#fn92">92</a></sup> Custom now in +England and in other parts of Europe, as well as in some few portions of +this country, is adverse to the regulation; and where no local law exists +in a particular jurisdiction, I know of no principle of masonic +jurisprudence which forbids a Mason to affiliate himself with more than +one lodge.</p> + +<p>The only objection to it is one which must be urged, not by the Order, but +by the individual. It is, that his duties and his responsibilities are +thus multiplied, as well as his expenses. If he is willing to incur all +this additional weight in running his race of Masonry, it is not for +others to resist this exuberance of zeal. The Mason, however, who is +affiliated with more than one lodge, must remember that he is subject to +the independent jurisdiction of each; may for the same offense be tried in +each, and, although acquitted by all except one, that, if convicted by +that one, his conviction will, if he be suspended or expelled, work his +suspension or expulsion in all the others.</p> +</div> + + +<div class="chapter" id="b3-07"> +<h3>Chapter VII.</h3> + +<h4>Of Demitting.</h4> + + + +<p>To demit from a lodge is to resign one's membership, on which occasion a +certificate of good standing and a release from all dues is given to the +applicant, which is technically called a <i>demit</i>.</p> + +<p>The right to demit or resign never has, until within a few years, been +denied. In 1853, the Grand Lodge of Connecticut adopted a regulation "that +no lodge should grant a demit to any of its members, except for the +purpose of joining some other lodge; and that no member shall be +considered as having withdrawn from one lodge until he has actually become +a member of another." Similar regulations have been either adopted or +proposed by a few other Grand Lodges, but I much doubt both their +expediency and their legality. This compulsory method of keeping Masons, +after they have once been made, seems to me to be as repugnant to the +voluntary character of our institution as would be a compulsory mode of +making them in the beginning. The expediency of such a regulation is also +highly questionable. Every candidate is required to come to our doors "of +his own free will and accord," and surely we should desire to keep none +among us after that free will is no longer felt. We are all familiar with +the Hudibrastic adage, that</p> + +<blockquote class="poetry"><p> +<span class="line"> "A man convinced against his will,<br /></span> +<span class="line"> Is of the same opinion still,"</span> +</p></blockquote> + +<p>and he who is no longer actuated by that ardent esteem for the institution +which would generate a wish to continue his membership, could scarcely +have his slumbering zeal awakened, or his coldness warmed by the bolts and +bars of a regulation that should keep him a reluctant prisoner within the +walls from which he would gladly escape. Masons with such dispositions we +can gladly spare from our ranks.</p> + +<p>The Ancient Charges, while they assert that every Mason should belong to a +lodge, affix no penalty for disobedience. No man can be compelled to +continue his union with a society, whether it be religious, political, or +social, any longer than will suit his own inclinations or sense of duty. +To interfere with this inalienable prerogative of a freeman would be an +infringement on private rights. A Mason's initiation was voluntary, and +his continuance in the Order must be equally so.</p> + +<p>But no man is entitled to a demit, unless at the time of demanding it he +be in good standing and free from all charges. If under charges for crime, +he must remain and abide his trial, or if in arrears, must pay up his +dues.</p> + +<p>There is, however, one case of demission for which a special law has been +enacted. That is, when several Brethren at the same time request demits +from a lodge. As this action is sometimes the result of pique or anger, +and as the withdrawal of several members at once might seriously impair +the prosperity, or perhaps even endanger the very existence of the lodge, +it has been expressly forbidden by the General Regulations, unless the +lodge has become too numerous for convenient working; and not even then is +permitted except by a Dispensation. The words of this law are to be found +in the Eighth General Regulation, as follows:</p> + +<p>"No set or number of Brethren shall withdraw or separate themselves from +the lodge in which they were made Brethren, or were afterwards admitted +members, unless the lodge becomes too numerous; nor even then, without a +dispensation from the Grand Master or his Deputy; and when they are thus +separated, they must either immediately join themselves to such other +lodge as they shall like best, with the unanimous consent of that other +lodge to which they go, or else they must obtain the Grand Master's +warrant to join in forming a new lodge."</p> + +<p>It seems, therefore, that, although a lodge cannot deny the right of a +single member to demit, when a sort of conspiracy may be supposed to be +formed, and several Brethren present their petitions for demits at one and +the same time, the lodge may not only refuse, but is bound to do so, +unless under a dispensation, which dispensation can only be given in the +case of an over-populous lodge.</p> + +<p>With these restrictions and qualifications, it cannot be doubted that +every Master Mason has a right to demit from his lodge at his own +pleasure. What will be the result upon himself, in his future relations to +the Order, of such demission, will constitute the subject of the +succeeding chapter.</p> +</div> + + +<div class="chapter" id="b3-08"> +<h3>Chapter VIII.</h3> + +<h4>Of Unaffiliated Masons.</h4> + + + +<p>An unaffiliated Mason is one who is not connected by membership with any +lodge. There can be no doubt that such a position is contrary to the +spirit of our institution, and that affiliation is a duty obligatory on +every Mason. The Old Charges, which have been so often cited as the +fundamental law of Masonry, say on this subject: "every Brother ought to +belong to a lodge and to be subject to its bye-laws and the General +Regulations."</p> + +<p>Explicitly as this doctrine has been announced, it has been too little +observed, in consequence of no precise penalty having been annexed to its +violation. In all times, unaffiliated Masons have existed—Masons who have +withdrawn from all active participation in the duties and responsibilities +of the Order, and who, when in the hour of danger or distress, have not +hesitated to claim its protection or assistance, while they have refused +in the day of their prosperity to add anything to its wealth, its power, +or its influence. In this country, the anti-masonic persecutions of 1828, +and a few years subsequently, by causing the cessation of many lodges, +threw a vast number of Brethren out of all direct connection with the +institution; on the restoration of peace, and the renewal of labor by the +lodges, too many of these Brethren neglected to reunite themselves with +the craft, and thus remained unaffiliated. The habit, thus introduced, was +followed by others, until the sin of unaffiliation has at length arrived +at such a point of excess, as to have become a serious evil, and to have +attracted the attention and received the condemnation of almost every +Grand Lodge.</p> + +<p>A few Grand Lodges have denied the right of a Mason permanently to demit +from the Order. Texas, for instance, has declared that "it does not +recognize the right of a Mason to demit or separate himself from the lodge +in which he was made, or may afterwards be admitted, except for the +purpose of joining another lodge, or when he may be about to remove +without the jurisdiction of the lodge of which he may be a member."<sup><a href="#fn93">93</a></sup> A +few other Grand Lodges have adopted a similar regulation; but the +prevailing opinion of the authorities appears to be, that it is competent +to interfere with the right to demit, certain rights and prerogatives +being, however, lost by such demission.</p> + +<p>Arkansas, Missouri, Ohio, and one or two other Grand Lodges, while not +positively denying the right of demission, have at various times levied a +tax or contribution on the demitted or unaffiliated Masons within their +respective jurisdictions. This principle, however, has also failed to +obtain the general concurrence of other Grand Lodges, and some of them, as +Maryland, have openly denounced it. After a careful examination of the +authorities, I cannot deny to any man the <i>right</i> of withdrawing, +whensoever he pleases, from a voluntary association—the laws of the land +would not sustain us in the enforcement of such a regulation; and our own +self-respect should prevent us from attempting it. If, then, he has a +right to withdraw, it clearly follows that we have no right to tax him, +which is only one mode of inflicting a fine or penalty for an act, the +right to do which we have acceded. In the strong language of the Committee +of Correspondence of Maryland:<sup><a href="#fn94">94</a></sup> "The object of Masonry never was to +extort, <i>nolens volens,</i> money from its votaries. Such are not its +principles or teaching. The advocating such doctrines cannot advance the +interest or reputation of the institution; but will, as your committee +fear, do much to destroy its usefulness. Compulsive membership deprives it +of the title, <i>Free</i> and Accepted."</p> + +<p>But as it is an undoubted precept of the Order that every Mason should +belong to a lodge, and contribute, so far as his means will allow, to the +support of the institution, and as, by his demission, for other than +temporary purposes, he violates the principles and disobeys the precepts +of the Order, it naturally follows that his withdrawal must place him in a +different position from that which he would occupy as an affiliated Mason. +It is now time for us to inquire what that new position is.</p> + +<p>We may say, then, that, whenever a Mason permanently withdraws his +membership, he at once, and while he continues unaffiliated, dissevers all +connection between himself and the <i>Lodge organization</i> of the Order. He, +by this act, divests himself of all the rights and privileges which belong +to him as a member of that organization. Among these rights and privileges +are those of visitation, of pecuniary aid, and of masonic burial. +Whenever he approaches the door of a lodge, asking to enter or seeking for +assistance, he is to be met in the light of a profane. He may knock, but +the door must not be opened—he may ask, but he is not to receive. The +work of the lodge is not to be shared by those who have thrown aside their +aprons and their implements, and abandoned the labors of the Temple—the +funds of the lodge are to be distributed only among these who are aiding, +by their individual contributions, to the formation of similar funds in +other lodges.</p> + +<p>But from the well-known and universally-admitted maxim of "once a Mason, +and always a Mason," it follows that a demitted Brother cannot by such +demission divest himself of all his masonic responsibilities to his +Brethren, nor be deprived of their correlative responsibility to him. An +unaffiliated Mason is still bound by certain obligations, of which he +cannot, under any circumstances, divest himself, and by similar +obligations are the fraternity bound to him. These relate to the duties of +secrecy and of aid in the imminent hour of peril. Of the first of these +there can be no doubt; and as to the last, the words of the precept +directing it leaves us no option; nor is it a time when the G.H.S. of D. +is thrown out to inquire into the condition of the party.</p> + +<p>Speaking on this subject, Brother Albert Pike, in his report to the Grand +Lodge of Arkansas, says "if a person appeals to us as a Mason in imminent +peril, or such pressing need that we have not time to inquire into his +worthiness, then, lest we might refuse to relieve and aid a worthy +Brother, we must not stop to inquire <i>as to anything</i>." But I do not think +that the learned Brother has put the case in the strongest light. It is +not alone "lest we might refuse to relieve and aid a worthy Brother," that +we are in cases of "imminent peril" to make no pause for deliberation. But +it is because we are bound by our highest obligations at all times, and to +all Masons, to give that aid when <i>duly</i> called for.</p> + +<p>I may, then, after this somewhat protracted discussion, briefly +recapitulate the position, the rights and the responsibilities of an +unaffiliated Mason as follows:</p> + +<p>1. An unaffiliated Mason is still bound by all his masonic duties and +obligations, excepting those connected with the organization of the lodge.</p> + +<p>2. He has a right to aid in imminent peril when <i>he asks for that aid in +the</i> proper <i>and conventional way</i>.</p> + +<p>3. He loses the right to receive pecuniary relief.</p> + +<p>4. He loses the general right to visit<sup><a href="#fn95">95</a></sup> lodges, or to walk in masonic +processions.</p> + +<p>5. He loses the right of masonic burial.</p> + +<p>6. He still remains subject to the government of the Order, and may be +tried and punished for any offense as an affiliated Mason would be, by the +lodge within whose geographical jurisdiction he resides.</p> +</div></div> + + + +<div class="book" id="b4"> +<h2>Book Fourth.</h2> + +<h3>Of Masonic Crimes and Punishments.</h3> + + + +<div class="chapter" id="b4-01"> +<h3>Chapter I.</h3> + +<h4>Of What Are Masonic Crimes.</h4> + + + +<p>The division of wrongs, by the writers on municipal law, into private and +public, or civil injuries and crimes and misdemeanors, does not apply to +the jurisprudence of Freemasonry. Here all wrongs are crimes, because they +are a violation of the precepts of the institution; and an offense against +an individual is punished, not so much because it is a breach of his +private rights, as because it affects the well-being of the whole masonic +community.</p> + +<p>In replying to the question, "what are masonic crimes?" by which is meant +what crimes are punishable by the constituted authorities, our safest +guide will be that fundamental law which is contained in the Old Charges. +These give a concise, but succinct summary of the duties of a Mason, and, +of course, whatever is a violation of any one of these duties will +constitute a masonic crime, and the perpetrator will be amenable to +masonic punishment.</p> + +<p>But before entering on the consideration of these penal offenses, it will +be well that we should relieve the labor of the task, by inquiring what +crimes or offenses are not supposed to come within the purview of masonic +jurisprudence.</p> + +<p>Religion and politics are subjects which it is well known are stringently +forbidden to be introduced into Masonry. And hence arises the doctrine, +that Masonry will not take congnizance of religious or political offenses.</p> + +<p>Heresy, for instance, is not a masonic crime. Masons are obliged to use +the words of the Old Charges, "to that religion in which all men agree, +leaving their particular opinions to themselves;" and, therefore, as long +as a Mason acknowledges his belief in the existence of one God, a lodge +can take no action on his peculiar opinions, however heterodox they may +be.</p> + +<p>In like manner, although all the most ancient and universally-received +precepts of the institution inculcate obedience to the civil powers, and +strictly forbid any mingling in plots or conspiracies against the peace +and welfare of the nation, yet no offense against the state, which is +simply political in its character, can be noticed by a lodge. On this +important subject, the Old Charges are remarkably explicit. They say, +putting perhaps the strongest case by way of exemplifying the principle, +"that if a Brother should be a rebel against the State, he is not to be +countenanced in his rebellion, however he may be pitied as an unhappy man; +and, if convicted of no other crime, though the loyal Brotherhood must and +ought to disown his rebellion, and give no umbrage or ground of political +jealousy to the government for the time being, <i>they cannot expel him from +the lodge, and his relation to it remains indefeasible</i>"</p> + +<p>The lodge can, therefore, take no cognizance of religious or political +offenses.</p> + +<p>The first charge says: "a Mason is obliged by his tenure to obey the moral +law." Now, although, in a theological sense, the ten commandments are said +to embrace and constitute the moral law, because they are its best +exponent, yet jurists have given to the term a more general latitude, in +defining the moral laws to be "the eternal, immutable laws of good and +evil, to which the Creator himself, in all dispensations, conforms, and +which he has enabled human reason to discover, so far as they are +necessary for the conduct of human actions."<sup><a href="#fn96">96</a></sup> Perhaps the well known +summary of Justinian will give the best idea of what this law is, namely, +that we "should live honestly, (that is to say, without reproach,)<sup><a href="#fn97">97</a></sup> +should injure nobody, and render to every one his just due."</p> + +<p>If such, then, be the meaning of the moral law, and if every Mason is by +his tenure obliged to obey it, it follows, that all such crimes as profane +swearing or great impiety in any form, neglect of social and domestic +duties, murder and its concomitant vices of cruelty and hatred, adultery, +dishonesty in any shape, perjury or malevolence, and habitual falsehood, +inordinate covetousness, and in short, all those ramifications of these +leading vices which injuriously affect the relations of man to God, his +neighbor, and himself, are proper subjects of lodge jurisdiction. Whatever +moral defects constitute the bad man, make also the bad Mason, and +consequently come under the category of masonic offenses. The principle is +so plain and comprehensible as to need no further exemplification. It is +sufficient to say that, whenever an act done by a Mason is contrary to or +subsersive of the three great duties which he owes to God, his neighbor, +and himself, it becomes at once a subject of masonic investigation, and of +masonic punishment.</p> + +<p>But besides these offenses against the universal moral law, there are many +others arising from the peculiar nature of our institution. Among these we +may mention, and in their order, those that are enumerated in the several +sections of the Sixth Chapter of the Old Charges. These are, unseemly and +irreverent conduct in the lodge, all excesses of every kind, private +piques or quarrels brought into the lodge; imprudent conversation in +relation to Masonry in the presence of uninitiated strangers; refusal to +relieve a worthy distressed Brother, if in your power; and all "wrangling, +quarreling, back-biting, and slander."</p> + +<p>The lectures in the various degrees, and the Ancient Charges read on the +installation of the Master of a lodge, furnish us with other criteria for +deciding what are peculiarly masonic offenses. All of them need not be +detailed; but among them may be particularly mentioned the following: All +improper revelations, undue solicitations for candidates, angry and +over-zealous arguments in favor of Masonry with its enemies, every act +which tends to impair the unsullied purity of the Order, want of +reverence for and obedience to masonic superiors, the expression of a +contemptuous opinion of the original rulers and patrons of Masonry, or of +the institution itself; all countenance of impostors; and lastly, holding +masonic communion with clandestine Masons, or visiting irregular lodges.</p> + +<p>From this list, which, extended as it is, might easily have been enlarged, +it will be readily seen, that the sphere of masonic penal jurisdiction is +by no means limited. It should, therefore, be the object of every Mason, +to avoid the censure or reproach of his Brethren, by strictly confining +himself as a point within that circle of duty which, at his first +initiation, was presented to him as an object worthy of his consideration.</p> +</div> + + +<div class="chapter" id="b4-02"> +<h3>Chapter II.</h3> + +<h4>Of Masonic Punishments.</h4> + + + +<p>Having occupied the last chapter in a consideration of what constitute +masonic crimes, it is next in order to inquire how these offenses are to +be punished; and accordingly I propose in the following sections to treat +of the various modes in which masonic law is vindicated, commencing with +the slightest mode of punishment, which is censure, and proceeding to the +highest, or expulsion from all the rights and privileges of the Order.</p> + + +<div class="sec" id="b4-02-01"> +<h4>Section I.</h4> + +<h5><i>Of Censure.</i></h5> + + +<p>A censure is the mildest form of punishment that can be inflicted by a +lodge; and as it is simply the expression of an opinion by the members of +the lodge, that they do not approve of the conduct of the person +implicated, in a particular point of view, and as it does not in any +degree affect the masonic standing of the one censured, nor for a moment +suspend or abridge his rights and benefits, I have no doubt that it may be +done on a mere motion, without previous notice, and adopted, as any other +resolution, by a bare majority of the members present.</p> + +<p>Masonic courtesy would, however, dictate that notice should be given to +the Brother, if absent, that such a motion of censure is about to be +proposed or considered, to enable him to show cause, if any he have, why +he should not be censured. But such notice is not, as I have said, +necessary to the legality of the vote of censure.</p> + +<p>A vote of censure will sometimes, however, be the result of a trial, and +in that case its adoption must be governed by the rules of masonic trials, +which are hereafter to be laid down.</p> +</div> + +<div class="sec" id="b4-02-"> +<h4>Section II.</h4> + +<a name="b4-02-02"></a> +<h5><i>Of Reprimand.</i></h5> + + +<p>A reprimand is the next mildest form of masonic punishment. It should +never be adopted on a mere motion, but should always be the result of a +regular trial, in which the party may have the opportunity of defense.</p> + +<p>A reprimand may be either private or public. If to be given in private, +none should be present but the Master and the offender; or, if given by +letter, no copy of that letter should be preserved.</p> + +<p>If given in public, the lodge is the proper place, and the reprimand +should be given by the Master from his appropriate station.</p> + +<p>The Master is always the executive officer of the lodge, and in carrying +out the sentence he must exercise his own prudent discretion as to the +mode of delivery and form of words.</p> + +<p>A reprimand, whether private or public, does not affect the masonic +standing of the offender.</p> +</div> + +<div class="sec" id="b4-02-03"> +<h4>Section III.</h4> + +<h5><i>Of Exclusion from the Lodge.</i></h5> + + +<p>Exclusion from a lodge may be of various degrees.</p> + +<p>1. A member may for indecorous or unmasonic conduct be excluded from a +single meeting of the lodge. This may be done by the Master, under a +provision of the bye-laws giving him the authority, or on his own +responsibility, in which case he is amenable to the Grand Lodge for the +correctness of his decision. Exclusion in this way does not affect the +masonic standing of the person excluded, and does not require a previous +trial.</p> + +<p>I cannot entertain any doubt that the Master of a lodge has the right to +exclude temporarily any member or Mason, when he thinks that either his +admission, if outside, or his continuance within, if present, will impair +the peace and harmony of the lodge. It is a prerogative necessary to the +faithful performance of his duties, and inalienable from his great +responsibility to the Grand Lodge for the proper government of the Craft +intrusted to his care. If, as it is described in the ancient manner of +constituting a lodge, the Master is charged "to preserve the cement of the +Lodge," it would be folly to give him such a charge, unless he were +invested with the power to exclude an unruly or disorderly member. But as +Masters are enjoined not to rule their lodges in an unjust or arbitrary +manner, and as every Mason is clearly entitled to redress for any wrong +that has been done to him, it follows that the Master is responsible to +the Grand Lodge for the manner in which he has executed the vast power +intrusted to him, and he may be tried and punished by that body, for +excluding a member, when the motives of the act and the other +circumstances of the exclusion were not such as to warrant the exercise of +his prerogative.</p> + +<p>2. A member may be excluded from his lodge for a definite or indefinite +period, on account of the non-payment of arrears. This punishment may be +inflicted in different modes, and under different names. It is sometimes +called, <i>suspension from the lodge,</i> and sometimes <i>erasure from the +roll</i>. Both of these punishments, though differing in their effect, are +pronounced, not after a trial, but by a provision of the bye-laws of the +lodge. For this reason alone, if there were no other, I should contend, +that they do not affect the standing of the member suspended, or erased, +with relation to the craft in general. No Mason can be deprived of his +masonic rights, except after a trial, with the opportunity of defense, and +a verdict of his peers.</p> + +<p>But before coming to a definite conclusion on this subject, it is +necessary that we should view the subject in another point of view, in +which it will be seen that a suspension from the rights and benefits of +Masonry, for the non-payment of dues, is entirely at variance with the +true principles of the Order.</p> + +<p>The system of payment of lodge-dues does not by any means belong to the +ancient usages of the fraternity. It is a modern custom, established for +purposes of convenience, and arising out of other modifications, in the +organization of the Order. It is not an obligation on the part of a Mason, +to the institution at large, but is in reality a special contract, in +which the only parties are a particular lodge and its members, of which +the fraternity, as a mass, are to know nothing. It is not presented by any +general masonic law, nor any universal masonic precept. No Grand Lodge has +ever yet attempted to control or regulate it, and it is thus tacitly +admitted to form no part of the general regulations of the Order. Even in +that Old Charge in which a lodge is described, and the necessity of +membership in is enforced, not a word is said of the payment of arrears to +it, or of the duty of contributing to its support. Hence the non-payment +of arrears is a violation of a special and voluntary contract with a +lodge, and not of any general duty to the craft at large. The corollary +from all this is, evidently, that the punishment inflicted in such a case +should be one affecting the relations of the delinquent with the +particular lodge whose bye-laws he has infringed, and not a general one, +affecting his relations with the whole Order. After a consideration of +all these circumstances, I am constrained to think that suspension from +alodge, for non-payment of arrears, should only suspend the rights of the +member as to his own lodge, but should not affect his right of visiting +other lodges, nor any of the other privileges inherent in him as a Mason. +Such is not, I confess, the general opinion, or usage of the craft in this +country, but yet I cannot but believe that it is the doctrine most +consonant with the true spirit of the institution. It is the practice +pursued by the Grand Lodge of England, from which most of our Grand Lodges +derive, directly or indirectly, their existence. It is also the regulation +of the Grand Lodge of Massachusetts. The Grand Lodge of South Carolina +expressly forbids suspension from the rights and benefits of Masonry for +non-payment of dues, and the Grand Lodge of New York has a similar +provision in its Constitution.</p> + +<p>Of the two modes of exclusion from a lodge for non-payment of dues, +namely, suspension and erasure, the effects are very different. Suspension +does not abrogate the connection between the member and his lodge, and +places his rights in abeyance only. Upon the payment of the debt, he is +at once restored without other action of the lodge. But erasure from the +roll terminates all connection between the delinquent and the lodge, and +he ceases to be a member of it. Payment of the dues, simply, will not +restore him; for it is necessary that he should again be elected by the +Brethren, upon formal application.</p> + +<p>The word exclusion has a meaning in England differing from that in which +it has been used in the present section. There the prerogative of +expulsion is, as I think very rightly, exercised only by the Grand Lodge. +The term "expelled" is therefore used only when a Brother is removed from +the raft, by the Grand Lodge. The removal by a District Grand Lodge, or a +subordinate lodge, is called "exclusion." The effect, however, of the +punishment of exclusion, is similar to that which has been here advocated.</p> +</div> + +<div class="sec" id="b4-02-04"> +<h4>Section IV.</h4> + +<h5><i>Of Definite Suspension.</i></h5> + + +<p>Suspension is a punishment by which a party is temporarily deprived of his +rights and privileges as a Mason. It does not terminate his connection +with the craft, but only places it in abeyance, and it may again be +resumed in a mode hereafter to be indicated.</p> + +<p>Suspension may be, in relation to time, either definite or indefinite. And +as the effects produced upon the delinquent, especially in reference to +the manner of his restoration, are different, it is proper that each +should be separately considered.</p> + +<p>In a case of definite suspension, the time for which the delinquent is to +be suspended, whether for one month, for three, or six months, or for a +longer or shorter period, is always mentioned in the sentence.</p> + +<p>At its termination, the party suspended is at once restored without +further action of the lodge. But as this is a point upon which there has +been some difference of opinion, the argument will be fully discussed in +the chapter on the subject of <i>Restoration.</i></p> + +<p>By a definite suspension, the delinquent is for a time placed beyond the +pale of Masonry. He is deprived of all his rights as a Master Mason—is +not permitted to visit any lodge, or hold masonic communication with his +Brethren—is not entitled to masonic relief, and should he die during his +suspension, is not entitled to masonic burial. In short, the amount of +punishment differs from that of indefinite suspension or expulsion only +in the period of time for which it is inflicted.</p> + +<p>The punishment of definite suspension is the lightest that can be +inflicted of those which affect the relations of a Mason with the +fraternity at large. It must always be preceded by a trial, and the +prevalent opinion is, that it may be inflicted by a two-thirds vote of the +lodge.</p> +</div> + +<div class="sec" id="b4-02-05"> +<h4>Section V.</h4> + +<h5><i>Of Indefinite Suspension.</i></h5> + + +<p>Indefinite suspension is a punishment by which the person suspended is +deprived of all his rights and privileges as a Mason, until such time as +the lodge which has suspended him shall see fit, by a special action, to +restore him.</p> + +<p>All that has been said of definite suspension in the preceding section, +will equally apply to indefinite suspension, except that in the former +case the suspended person is at once restored by the termination of the +period for which he was suspended; while in the latter, as no period of +termination had been affixed, a special resolution of the lodge will be +necessary to effect a restoration.</p> + +<p>By suspension the connection of the party with his lodge and with the +institution is not severed; he still remains a member of his lodge, +although his rights as such are placed in abeyance. In this respect it +materially differs from expulsion, and, as an inferior grade of +punishment, is inflicted for offenses of a lighter character than those +for which expulsion is prescribed.</p> + +<p>The question here arises, whether the dues of a suspended member to his +lodge continue to accrue during his suspension? I think they do not. Dues +or arrears are payments made to a lodge for certain rights and +benefits—the exercise and enjoyment of which are guaranteed to the +member, in consideration of the dues thus paid. But as by suspension, +whether definite or indefinite, he is for the time deprived of these +rights and benefits, it would seem unjust to require from him a payment +for that which he does not enjoy. I hold, therefore, that suspension from +the rights and benefits of Masonry, includes also a suspension from the +payment of arrears.</p> + +<p>No one can be indefinitely suspended, unless after a due form of trial, +and upon the vote of at least two-thirds of the members present.</p> +</div> + +<div class="sec" id="b4-02-06"> +<h4>Section VI.</h4> + +<h5><i>Of Expulsion.</i><sup><a href="#fn98">98</a></sup></h5> + + +<p>Expulsion is the very highest penalty that can be inflicted upon a +delinquent Mason. It deprives the party expelled of all the masonic rights +and privileges that he ever enjoyed, not only as a member of the lodge +from which he has been ejected, but also of all those which were inherent +in him as a member of the fraternity at large. He is at once as completely +divested of his masonic character as though he had never been admitted +into the institution. He can no longer demand the aid of his Brethren, nor +require from them the performance of any of the duties to which he was +formerly entitled, nor visit any lodge, nor unite in any of the public or +private ceremonies of the Order. No conversation on masonic subjects can +be held with him, and he is to be considered as being completely without +the pale of the institution, and to be looked upon in the same light as a +profane, in relation to the communication of any masonic information.</p> + +<p>It is a custom too generally adopted in this country, for subordinate +lodges to inflict this punishment, and hence it is supposed by many, that +the power of inflicting it is vested in the subordinate lodges. But the +fact is, that the only proper tribunal to impose this heavy penalty is a +Grand Lodge. A subordinate may, indeed, try its delinquent member, and if +guilty declare him expelled. But the sentence is of no force until the +Grand Lodge, under whose jurisdiction it is working, has confirmed it. And +it is optional with the Grand Lodge to do so, or, as is frequently done, +to reverse the decision and reinstate the Brother. Some of the lodges in +this country claim the right to expel independently of the action of the +Grand Lodge, but the claim is not valid. The very fact that an expulsion +is a penalty, affecting the general relations of the punished party with +the whole fraternity, proves that its exercise never could, with +propriety, be intrusted to a body so circumscribed in its authority as a +subordinate lodge. Besides, the general practice of the fraternity is +against it. The English Constitutions vest the power to expel exclusively +in the Grand Lodge.<sup><a href="#fn99">99</a></sup></p> + +<p>The severity of the punishment will at once indicate the propriety of +inflicting it only for the most serious offenses, such, for instance, as +immoral conduct, that would subject a candidate for initiation to +rejection.</p> + +<p>As the punishment is general, affecting the relation of the one expelled +with the whole fraternity, it should not be lightly imposed, for the +violation of any masonic act not general in its character. The commission +of a grossly immoral act is a violation of the contract entered into +between each Mason and his Order. If sanctioned by silence or impunity, it +would bring discredit on the institution, and tend to impair its +usefulness. A Mason who is a bad man, is to the fraternity what a +mortified limb is to the body, and should be treated with the same mode of +cure—he should be cut off, lest his example spread, and disease be +propagated through the constitution.</p> + +<p>The punishment of expulsion can only be inflicted after a due course of +trial, and upon the votes of at least two-thirds of the members present, +and should always be submitted for approval and confirmation to the Grand +Lodge.</p> + +<p>One question here arises, in respect not only to expulsion but to the +other masonic punishments, of which I have treated in the preceding +sections:—Does suspension or expulsion from a Chapter of Royal Arch +Masons, an Encampment of Knights Templar, or any other of what are called +the higher degrees of Masonry, affect the relations of the expelled party +to Symbolic or Ancient Craft Masonry? I answer, unhesitatingly, that it +does not, and for reasons which, years ago, I advanced, in the following +language, and which appear to have met with the approval of the most of my +contemporaries:—</p> + +<p>"A chapter of Royal Arch Masons, for instance, is not, and cannot be, +recognized as a masonic body, by a lodge of Master Masons. 'They hear them +so to be, but they do not know them so to be,' by any of the modes of +recognition known to Masonry. The acts, therefore, of a Chapter cannot be +recognized by a Master Masons' lodge, any more than the acts of a literary +or charitable society wholly unconnected with the Order. Again: By the +present organization of Freemasonry, Grand Lodges are the supreme masonic +tribunals. If, therefore, expulsion from a Chapter of Royal Arch Masons +involved expulsion from a Blue Lodge, the right of the Grand Lodge to hear +and determine causes, and to regulate the internal concerns of the +institution, would be interfered with by another body beyond its control. +But the converse of this proposition does not hold good. Expulsion from a +Blue Lodge involves expulsion from all the higher degrees; because, as +they are composed of Blue Masons, the members could not of right sit and +hold communications on masonic subjects with one who was an expelled +Mason."<sup><a href="#fn100">100</a></sup></p> +</div></div> + + +<div class="chapter" id="b4-03"> +<h3>Chapter III.</h3> + +<h4>Of Masonic Trials.</h4> + + + +<p>Having thus discussed the penalties which are affixed to masonic offenses, +we are next to inquire into the process of trial by which a lodge +determines on the guilt or innocence of the accused. This subject will be +the most conveniently considered by a division into two sections; first, +as to the form of trial; and secondly, as to the character of the +evidence.</p> + + +<div class="sec" id="b4-03-01"> +<h4>Section I.</h4> + +<h5><i>Of the Form of Trial.</i></h5> + + +<p>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.</p> + +<p>A charge or statement of the offense imputed to the party is always a +preliminary step to every trial.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>Every member present is bound to vote, unless excused by unanimous +consent.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>The votes on the nature of the punishment should be taken by a show of +hands.</p> + +<p>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.</p> + +<p>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.</p> +</div> + +<div class="sec" id="b4-03-02"> +<h4>Section II.</h4> + +<h5><i>Of the Evidence in Masonic Trials.</i></h5> + + +<p>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.</p> + +<p>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.</p> + +<p>1. Persons who have not the use of reason, are, from the infirmity of +their nature, considered to be utterly incapable of giving evidence.<sup><a href="#fn101">101</a></sup> +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.</p> + +<p>2. Persons who are entirely devoid of any such religious principle or +belief as would bind their consciences to speak the truth, are incompetent +as witnesses. Hence, the testimony of an atheist must be rejected; +because, as it has been well said, such a person cannot be subject to that +sanction which is deemed an indispensable test of truth. But as Masonry +does not demand of its candidates any other religious declaration than +that of a belief in God, it cannot require of the witnesses in its trials +any profession of a more explicit faith. But even here it seems to concur +with the law of the land; for it has been decided by Chief Baron Willes, +that "an infidel who believes in a God, and that He will reward and punish +him in this world, but does not believe in a future state, may be examined +upon oath."</p> + +<p>3. Persons who have been rendered infamous by their conviction of great +crimes, are deemed incompetent to give evidence. This rule has been +adopted, because the commission of an infamous crime implies, as Sir +William Scott has observed, "such a dereliction of moral principle on the +part of the witness, as carries with it the conclusion that he would +entirely disregard the obligation of an oath." Of such a witness it has +been said, by another eminent judge,<sup><a href="#fn102">102</a></sup> that "the credit of his oath is +over-balanced by the stain of his iniquity."</p> + +<p>4. Persons interested in the result of the trial are considered +incompetent to give evidence. From the nature of human actions and +passions, and from the fact that all persons, even the most virtuous, are +unconsciously swayed by motives of interest, the testimony of such persons +is rather to be distrusted than believed. This rule will, perhaps, be +generally of difficult application in masonic trials, although in a civil +suit at law it is easy to define what is the interest of a party +sufficient to render his evidence incompetent. But whenever it is clearly +apparent that the interests of a witness would be greatly benefited by +either the acquittal or the conviction of the accused, his testimony must +be entirely rejected, or, if admitted, its value must be weighed with the +most scrupulous caution.</p> + +<p>Such are the rules that the wisdom of successive generations of men, +learned in the law, have adopted for the establishment of the competency +or incompetency of witnesses. There is nothing in them which conflicts +with the principles of justice, or with the Constitutions of Freemasonry; +and hence they may, very properly, be considered as a part of our own +code. In determining, therefore, the rule for the admission of witnesses +in masonic trials, we are to be governed by the simple proposition that +has been enunciated by Mr. Justice Lawrence in the following language:</p> + +<p>"I find no rule less comprehensive than this, that all persons are +admissible witnesses who have the use of their reason, and such religious +belief as to feel the obligation of an oath, who have not been convicted +of any infamous crime, and who are not influenced by interest."</p> + +<p>The peculiar, isolated character of our institution, here suggests as an +important question, whether it is admissible to take the testimony of a +profane, or person who is not a Freemason, in the trial of a Mason before +his lodge.</p> + +<p>To this question I feel compelled to reply, that such testimony is +generally admissible; but, as there are special cases in which it is not, +it seems proper to qualify that reply by a brief inquiry into the grounds +and reasons of this admissibility, and the mode and manner in which such +testimony is to be taken.</p> + +<p>The great object of every trial, in Masonry, as elsewhere, is to elicit +truth; and, in the spirit of truth, to administer justice. From whatever +source, therefore, this truth can be obtained, it is not only competent +there to seek it, but it is obligatory on us so to do. This is the +principle of law as well as of common sense. Mr. Phillips, in the +beginning of his great "Treatise on the Law of Evidence," says: "In +inquiries upon this subject, the great end and object ought always to be, +the ascertaining of the most convenient and surest means for the +attainment of truth; the rules laid down are the means used for the +attainment of that end."</p> + +<p>Now, if A, who is a Freemason, shall have committed an offense, of which B +and C alone were cognizant as witnesses, shall it be said that A must be +acquitted for want of proof, because B and C are not members of the Order? +We apprehend that in this instance the ends of justice would be defeated, +rather than subserved. If the veracity and honesty of B and C are +unimpeached, their testimony as to the fact cannot lawfully be rejected on +any ground, except that they may be interested in the result of the trial, +and might be benefited by the conviction or the acquittal of the +defendant. But this is an objection that would hold against the evidence +of a Mason, as well as a profane.</p> + +<p>Any other rule would be often attended with injurious consequences to our +institution. We may readily suppose a case by way of illustration. A, who +is a member of a lodge, is accused of habitual intemperance, a vice +eminently unmasonic in its character, and one which will always reflect a +great portion of the degradation of the offender upon the society which +shall sustain and defend him in its perpetration. But it may happen—and +this is a very conceivable case—that in consequence of the remoteness of +his dwelling, or from some other supposable cause, his Brethren have no +opportunity of seeing him, except at distant intervals. There is, +therefore, no Mason, to testify to the truth of the charge, while his +neighbors and associates, who are daily and hourly in his company, are all +aware of his habit of intoxication.</p> + +<p>If, then, a dozen or more men, all of reputation and veracity, should +come, or be brought before the lodge, ready and willing to testify to this +fact, by what process of reason or justice, or under what maxim of masonic +jurisprudence, could their testimony be rejected, simply because they were +not Masons? And if rejected—if the accused with this weight of evidence +against him, with this infamy clearly and satisfactorily proved by these +reputable witnesses, were to be acquitted, and sent forth purged of the +charge, upon a mere technical ground, and thus triumphantly be sustained +in the continuation of his vice, and that in the face of the very +community which was cognizant of his degradation of life and manners, who +could estimate the disastrous consequences to the lodge and the Order +which should thus support and uphold him in his guilty course? The world +would not, and could not appreciate the causes that led to the rejection +of such clear and unimpeachable testimony, and it would visit with its +just reprobation the institution which could thus extend its fraternal +affections to the support of undoubted guilt.</p> + +<p>But, moreover, this is not a question of mere theory; the principle of +accepting the testimony of non-masonic witnesses has been repeatedly acted +on. If a Mason has been tried by the courts of his country on an +indictment for larceny, or any other infamous crime, and been convicted by +the verdict of a jury, although neither the judge nor the jury, nor the +witnesses were Masons, no lodge after such conviction would permit him to +retain his membership, but, on the contrary, it would promptly and +indignantly expel him from the Brotherhood. If, however, the lodge should +refuse to expel him, on the ground that his conviction before the court +was based on the testimony of non-masonic witnesses, and should grant him +a lodge trial for the same offense, then, on the principle against which +we are contending, the evidence of these witnesses as "profanes" would be +rejected, and the party be acquitted for want of proof; and thus the +anomalous and disgraceful spectacle would present itself—of a felon +condemned and punished by the laws of his country for an infamous crime, +acquitted and sustained by a lodge of Freemasons.</p> + +<p>But we will be impressed with the inexpediency and injustice of this +principle, when we look at its operation from another point of view. It is +said to be a bad rule that will not work both ways; and, therefore, if the +testimony of non-masonic witnesses against the accused is rejected on the +ground of inadmissibility, it must also be rejected when given in his +favor. Now, if we suppose a case, in which a Mason was accused before his +lodge of having committed an offense, at a certain time and place, and, by +the testimony of one or two disinterested persons, he could establish what +the law calls an <i>alibi</i>, that is, that at that very time he was at a +far-distant place, and could not, therefore, have committed the offense +charged against him, we ask with what show of justice or reason could such +testimony be rejected, simply because the parties giving it were not +Masons? But if the evidence of a "profane" is admitted in favor of the +accused, rebutting testimony of the same kind cannot with consistency be +rejected; and hence the rule is determined that in the trial of Masons, it +is competent to receive the evidence of persons who are not Masons, but +whose competency, in other respects, is not denied.</p> + +<p>It must, however, be noted, that the testimony of persons who are not +Masons is not to be given as that of Masons is, within the precincts of +the lodge. They are not to be present at the trial; and whatever testimony +they have to adduce, must be taken by a committee, to be afterwards +accurately reported to the lodge. But in all cases, the accused has a +right to be present, and to interrogate the witnesses.</p> + +<p>The only remaining topic to be discussed is the method of taking the +testimony, and this can be easily disposed of.</p> + +<p>The testimony of Masons is to be taken either in lodge or in committee, +and under the sanction of their obligations.</p> + +<p>The testimony of profanes is always to be taken by a committee, and on +oath administered by a competent legal officer—the most convenient way of +taking such testimony is by affidavit.</p> +</div></div> + + +<div class="chapter" id="b4-04"> +<h3>Chapter IV.</h3> + +<h4>Of the Penal Jurisdiction of a Lodge.</h4> + + + +<p>The penal jurisdiction of a lodge is that jurisdiction which it is +authorized to exercise for the trial of masonic offenses, and the +infliction of masonic punishment. It may be considered as either +geographical or personal.</p> + +<p>The geographical jurisdiction of a lodge extends in every direction, half +way to the nearest lodge. Thus, if two lodges be situated at the distance +of sixteen miles from each other, then the penal jurisdiction of each will +extend for the space of eight miles in the direction of the other.</p> + +<p>The personal jurisdiction of a lodge is that jurisdiction which a lodge +may exercise over certain individuals, respective or irrespective of +geographical jurisdiction. This jurisdiction is more complicated than the +other, and requires a more detailed enumeration of the classes over whom +it is to be exercised.</p> + +<p>1. A lodge exercises penal jurisdiction over all its members, no matter +where they may reside. A removal from the geographical jurisdiction will +not, in this case, release the individual from personal jurisdiction. The +allegiance of a member to his lodge is indefeasible.</p> + +<p>2. A lodge exercises penal jurisdiction over all unaffiliated Masons, +living within its geographical jurisdiction. An unaffiliated Mason cannot +release himself from his responsibilities to the Order. And if, by immoral +or disgraceful conduct, he violates the regulations of the Order, or tends +to injure its reputation in the estimation of the community, he is +amenable to the lodge nearest to his place of residence, whether this +residence be temporary or permanent, and may be reprimanded, suspended, or +expelled.</p> + +<p>This doctrine is founded on the wholesome reason, that as a lodge is the +guardian of the purity and safety of the institution, within its own +jurisdiction, it must, to exercise this guardianship with success, be +invested with the power of correcting every evil that occurs within its +precincts. And if unaffiliated Masons were exempted from this control, the +institution might be seriously affected in the eyes of the community, by +their bad conduct.</p> + +<p>3. The personal jurisdiction of a lodge, for the same good reason, +extends over all Masons living in its vicinity. A Master Mason belonging +to a distant lodge, but residing within the geographical jurisdiction of +another lodge, becomes amenable for his conduct to the latter, as well as +to the former lodge. But if his own lodge is within a reasonable distance, +courtesy requires that the lodge near which he resides should rather make +a complaint to his lodge than itself institute proceedings against him. +But the reputation of the Order must not be permitted to be endangered, +and a case might occur, in which it would be inexpedient to extend this +courtesy, and where the lodge would feel compelled to proceed to the trial +and punishment of the offender, without appealing to his lodge. The +geographical jurisdiction will, in all cases, legalize the proceedings.</p> + +<p>4. But a lodge situated near the confines of a State cannot extend its +jurisdiction over Masons residing in a neighboring State, and not being +its members, however near they may reside to it: for no lodge can exercise +jurisdiction over the members of another Grand Lodge jurisdiction. Its +geographical, as well as personal jurisdiction, can extend no further than +that of its own Grand Lodge.</p> + +<p>5. Lastly, no lodge can exercise penal jurisdiction over its own Master, +for he is alone responsible for his conduct to the Grand Lodge. But it may +act as his accuser before that body, and impeach him for any offense that +he may have committed. Neither can a lodge exercise penal jurisdiction +over the Grand Master, although under other circumstances it might have +both geographical and personal jurisdiction over him, from his residence +and membership.</p> +</div> + + +<div class="chapter" id="b4-05"> +<h3>Chapter V.</h3> + +<h4>Of Appeals.</h4> + + + +<p>Every Mason, who has been tried and convicted by a lodge, has an +inalienable right to appeal from that conviction, and from the sentence +accompanying it, to the Grand Lodge.</p> + +<p>As an appeal always supposes the necessity of a review of the whole case, +the lodge is bound to furnish the Grand Lodge with an attested copy of its +proceedings on the trial, and such other testimony in its possession as +the appellant may deem necessary for his defense.</p> + +<p>The Grand Lodge may, upon investigation, confirm the verdict of its +subordinate. In this case, the appeal is dismissed, and the sentence goes +into immediate operation without any further proceedings on the part of +the lodge.</p> + +<p>The Grand Lodge may, however, only approve in part, and may reduce the +penalty inflicted, as for instance, from expulsion to suspension. In this +case, the original sentence of the lodge becomes void, and the milder +sentence of the Grand Lodge is to be put in force. The same process would +take place, were the Grand Lodge to increase instead of diminishing the +amount of punishment, as from suspension to expulsion. For it is competent +for the Grand Lodge, on an appeal, to augment, reduce or wholly abrogate +the penalty inflicted by its subordinate.</p> + +<p>But the Grand Lodge may take no direct action on the penalty inflicted, +but may simply refer the case back to the subordinate for a new trial. In +this case, the proceedings on the trial will be commenced <i>de novo</i>, if +the reference has been made on the ground of any informality or illegality +in the previous trial. But if the case is referred back, not for a new +trial, but for further consideration, on the ground that the punishment +was inadequate—either too severe, or not sufficiently so—in this case, +it is not necessary to repeat the trial. The discussion on the nature of +the penalty to be inflicted should, however, be reviewed, and any new +evidence calculated to throw light on the nature of the punishment which +is most appropriate, may be received.</p> + +<p>Lastly, the Grand Lodge may entirely reverse the decision of its +subordinate, and decree a restoration of the appellant to all his rights +and privileges, on the ground of his innocence of the charges which had +been preferred against him. But, as this action is often highly important +in its results, and places the appellant and the lodge in an entirely +different relative position, I have deemed its consideration worthy of a +distinct chapter.</p> + +<p>During the pendency of an appeal, the sentence of the subordinate lodge is +held in abeyance, and cannot; be enforced. The appellant in this case +remains in the position of a Mason "under charges."</p> +</div> + + +<div class="chapter" id="b4-06"> +<h3>Chapter VI.</h3> + +<h4>Of Restoration.</h4> + + + +<p>The penalties of suspension and expulsion are terminated by restoration, +which may take place either by the action of the lodge which inflicted +them, or by that of the Grand Lodge.</p> + +<p>Restoration from definite suspension is terminated without any special +action of the lodge, but simply by the termination of the period for which +the party was suspended. He then at once reenters into the possession of +all the rights, benefits, and functions, from which he had been +temporarily suspended.</p> + +<p>I have myself no doubt of the correctness of this principle; but, as it +has been denied by some writers, although a very large majority of the +authorities are in its favor, it may be well, briefly, to discuss its +merits.</p> + +<p>Let us suppose that on the 1st of January A.B. had been suspended for +three months, that is, until the 1st day of April. At the end of the three +months, that is to say, on the first of April, A.B. would no longer be a +suspended member—for the punishment decreed will have been endured; and +as the sentence of the lodge had expressly declared that his suspension +was to last until the 1st of April, the said sentence, if it means +anything, must mean that the suspension was, on the said 1st of April, to +cease and determine. If he were, therefore, to wait until the 1st of May +for the action of the lodge, declaring his restoration, he would suffer a +punishment of four months' suspension, which was not decreed by his lodge +upon his trial, and which would, therefore, be manifestly unjust and +illegal.</p> + +<p>Again: if the offense which he had committed was, upon his trial, found to +be so slight as to demand only a dismissal for one night from the lodge, +will it be contended that, on his leaving the lodge-room pursuant to his +sentence, he leaves not to return to it on the succeeding communication, +unless a vote should permit him? Certainly not. His punishment of +dismissal for one night had been executed; and on the succeeding night he +reentered into the possession of all his rights. But if he can do so after +a dismissal or suspension of one night, why not after one or three, six or +twelve months? The time is extended, but the principle remains the same.</p> + +<p>But the doctrine, that after the expiration of the term of a definite +suspension, an action by the lodge is still necessary to a complete +restoration, is capable of producing much mischief and oppression. For, if +the lodge not only has a right, but is under the necessity of taking up +the case anew, and deciding whether the person who had been suspended for +three months, and whose period of suspension has expired, shall now be +restored, it follows, that the members of the lodge, in the course of +their inquiry, are permitted to come to such conclusion as they may think +just and fit; for to say that they, after all their deliberations, are, to +vote only in one way, would be too absurd to require any consideration. +They may, therefore, decide that A.B., having undergone the sentence of +the lodge, shall be restored, and then of course all would be well, and no +more is to be said. But suppose that they decide otherwise, and say that +A.B., having undergone the sentence of suspension of three months, <i>shall +not</i> be restored, but must remain suspended until further orders. Here, +then, a party would have been punished a second time for the same offense, +and that, too, after having suffered what, at the time of his conviction, +was supposed to be a competent punishment—and without a trial, and +without the necessary opportunities of defense, again found guilty, and +his comparatively light punishment of suspension for three months changed +into a severer one, and of an indefinite period. The annals of the most +arbitrary government in the world—the history of the most despotic tyrant +that ever lived—could not show an instance of more unprincipled violation +of law and justice than this. And yet it may naturally be the result of +the doctrine, that in a sentence of definite suspension, the party can be +restored only by a vote of the lodge at the expiration of his term of +suspension. If the lodge can restore him, it can as well refuse to restore +him, and to refuse to restore him would be to inflict a new punishment +upon him for an old and atoned-for offense.</p> + +<p>On the 1st of January, for instance, A.B., having been put upon his trial, +witnesses having been examined, his defense having been heard, was found +guilty by his lodge of some offense, the enormity of which, whatever it +might be, seemed to require a suspension from Masonry for just three +months, neither more nor less. If the lodge had thought the crime still +greater, it would, of course, we presume, have decreed a suspension of +six, nine, or twelve months. But considering, after a fair, impartial, and +competent investigation of the merits of the case (for all this is to be +presumed), that the offended law would be satisfied with a suspension of +three months, that punishment is decreed. The court is adjourned <i>sine +die</i>; for it has done all that is required—the prisoner undergoes his +sentence with becoming contrition, and the time having expired, the bond +having been paid, and the debt satisfied, he is told that he must again +undergo the ordeal of another trial, before another court, before he can +reassume what was only taken from him for a definite period; and that it +is still doubtful, whether the sentence of the former court may not even +now, after its accomplishment, be reversed, and a new and more severe one +be inflicted.</p> + +<p>The analogy of a person who has been sentenced to imprisonment for a +certain period, and who, on the expiration of that period, is at once +released, has been referred to, as apposite to the case of a definite +suspension. Still more appropriately may we refer to the case of a person +transported for a term of years, and who cannot return until that term +expires, but who is at liberty at once to do so when it has expired. +"Another capital offense against public justice," says Blackstone, "is +the returning from transportation, or being seen at large in Great Britain +<i>before the expiration of the term for which the offender was sentenced to +be transported." </i> Mark these qualifying words: "before the expiration of +the term:" they include, from the very force of language, the proposition +that it is no offense to return <i>after</i> the expiration of the term. And so +changing certain words to meet the change of circumstances, but leaving +the principle unchanged, we may lay down the law in relation to +restorations from definite suspensions, as follows:</p> + +<p><i>It is an offense against the masonic code to claim the privileges of +Masonry, or to attempt to visit a lodge after having been suspended, +before the expiration of the term for which the offender was suspended</i>.</p> + +<p>Of course, it is no crime to resume these privileges after the term has +expired; for surely he must have strange notions of the powers of +language, who supposes that suspension for three months, and no more, does +not mean, that when the three months are over the suspension ceases. And, +if the suspension ceases, the person is no longer suspended; and, if no +longer suspended he is in good standing, and requires no further action to +restore him to good moral and masonic health.</p> + +<p>But it is said that, although originally only suspended for three months, +at the expiration of that period, his conduct might continue to be such as +to render his restoration a cause of public reproach. What is to be done +in such a case? It seems strange that the question should be asked. The +remedy is only too apparent. Let new charges be preferred, and let a new +trial take place for his derelictions of duty during the term of his +suspension. Then, the lodge may again suspend him for a still longer +period, or altogether expel him, if it finds him deserving such +punishment. But in the name of justice, law, and common sense, do not +insiduously and unmanfully continue a sentence for one and a former +offense, as a punishment for another and a later one, and that, too, +without the due forms of trial.</p> + +<p>Let us, in this case, go again for an analogy to the laws of the land. +Suppose an offender had been sentenced to an imprisonment of six months +for a larceny, and that while in prison he had committed some new crime. +When the six months of his sentence had expired, would the Sheriff feel +justified, or even the Judge who had sentenced him, in saying: "I will not +release you; you have guilty of another offense during your +incarceration, and therefore, I shall keep you confined six months +longer?" Certainly not. The Sheriff or the Judge who should do so +high-handed a measure, would soon find himself made responsible for the +violation of private rights. But the course to be pursued would be, to +arrest him for the new offense, give him a fair trial, and, if convicted +again, imprison or otherwise punish him, according to his new sentence, +or, if acquitted, discharge him.</p> + +<p>The same course should be pursued with a Mason whose conduct during the +period of his suspension has been liable to reproach or suspicion. Masons +have rights as well as citizens—every one is to be considered innocent +until he is proved guilty—and no one should suffer punishment, even of +the lightest kind, except after an impartial trial by his peers.</p> + +<p>But the case of an indefinite suspension is different. Here no particular +time has been appointed for the termination of the punishment. It may be +continued during life, unless the court which has pronounced it think +proper to give a determinate period to what was before indeterminate, and +to declare that on such a day the suspension shall cease, and the offender +be restored. In a case of this kind, action on the part of the lodge is +necessary to effect a restoration.</p> + +<p>Such a sentence being intended to last indefinitely—that is to say, +during the pleasure of the lodge—may, I conceive, be reversed at any +legal time, and the individual restored by a mere majority vote the of +lodge. Some authorities think a vote of two-thirds necessary; but I see no +reason why a lodge may not, in this as in other cases, reverse its +decision by a vote of a simple majority. The Ancient Constitutions are +completely silent on this and all its kindred points; and, therefore, +where a Grand Lodge has made no local regulation on the subject, we must +be guided by the principles of reason and analogy, both of which direct us +to the conclusion that a lodge may express its will, in matters +unregulated by the Constitutions, through the vote of a majority.</p> + +<p>But the restoration of an expelled Mason requires a different action. By +expulsion, as I have already said, all connection with the Order is +completely severed. The individual expelled ceases to be a Mason, so far +as respects the exercise of any masonic rights or privileges. His +restoration to the Order is, therefore, equivalent to the admission of a +profane. Having ceased on his expulsion to be a member of the lodge which +had expelled him, his restoration would be the admission of a new member. +The expelled Mason and the uninitiated candidate are to be placed on the +same footing—both are equally unconnected with the institution—the one +having never been in it, and the other having been completely discharged +from it.</p> + +<p>The rule for the admission of new members, as laid down in the Thirty-nine +Regulations, seems to me, therefore, to be applicable in this case; and +hence, I conceive that to reverse a sentence of expulsion and to restore +an expelled Mason will require as unanimous a vote as that which is +necessary on a ballot for initiation.</p> + +<p>Every action taken by a lodge for restoration must be done at a stated +communication and after due notice, that if any member should have good +and sufficient reasons to urge against the restoration, he may have an +opportunity to present them.</p> + +<p>In conclusion, the Grand Lodge may restore a suspended or expelled Mason, +contrary to the wishes of the lodge.</p> + +<p>In such case, if the party has been suspended only, he, at once, resumes +his place and functions in the lodge, from which, indeed, he had only been +temporarily dissevered.</p> + +<p>But in the case of the restoration of an expelled Mason to the rights and +privileges of Masonry, by a Grand Lodge, does such restoration restore him +to membership in his lodge? This question is an important one, and has +very generally been decided in the negative by the Grand Lodges of this +country. But as I unfortunately differ from these high authorities, I +cannot refrain, as an apology for this difference of opinion, from +presenting the considerations which have led me to the conclusion which I +have adopted. I cannot, it is true, in the face of the mass of opposing +authority, offer this conclusion as masonic law. But I would fain hope +that the time is not far distant when it will become so, by the change on +the part of Grand Lodges of the contrary decisions which they have made.</p> + +<p>The general opinion in this country is, that when a Mason has been +expelled by his lodge, the Grand Lodge may restore him to the rights and +privileges, but cannot restore him to membership in his lodge. My own +opinion, in contradiction to this, is, that when a Grand Lodge restores an +expelled Mason, on the ground that the punishment of expulsion from the +rights and privileges of Masonry was too severe and disproportioned to the +offense, it may or may not restore him to membership in his lodge. It +might, for instance, refuse to restore his membership on the ground that +exclusion from his lodge is an appropriate punishment; but where the +decision of the lodge as to the guilt of the individual is reversed, and +the Grand Lodge declares him to be innocent, or that the charge against +him has not been proved, then I hold, that it is compelled by a just +regard to the rights of the expelled member to restore him not only to the +rights and privileges of Masonry, but also to membership in his lodge.</p> + +<p>I cannot conceive how a Brother, whose innocence has been declared by the +verdict of his Grand Lodge, can be deprived of his vested rights as the +member of a particular lodge, without a violation of the principles of +justice. If guilty, let his expulsion stand; but, if innocent, let him be +placed in the same position in which he was before the passage of the +unjust sentence of the lodge which has been reversed.</p> + +<p>The whole error, for such I conceive it to be, in relation to this +question of restoration to membership, arises, I suppose, from a +misapprehension of an ancient regulation, which says that "no man can be +entered a Brother in any particular lodge, or admitted a member thereof, +without the unanimous consent of all the members"—which inherent +privilege is said not to be subject to dispensation, "lest a turbulent +member should thus be imposed upon them, which might spoil their harmony, +or hinder the freedom of their communication, or even break and disperse +the Lodge." But it should be remembered that this regulation altogether +refers to the admission of new members, and not to the restoration of old +ones—to the granting of a favor which the candidate solicits, and which +the lodge may or may not, in its own good pleasure, see fit to confer, and +not to the resumption of a vested and already acquired right, which, if it +be a right, no lodge can withhold. The practical working of this system of +incomplete restoration, in a by no means extreme case, will readily show +its absurdity and injustice. A member having appealed from expulsion by +his lodge to the Grand Lodge, that body calmly and fairly investigates the +case. It finds that the appellant has been falsely accused of an offense +which he has never committed; that he has been unfairly tried, and +unjustly convicted. It declares him innocent—clearly and undoubtedly +innocent, and far freer from any sort of condemnation than the prejudiced +jurors who convicted him. Under these circumstances, it becomes +obligatory that the Grand Lodge should restore him to the place he +formerly occupied, and reinvest him with the rights of which he has been +unjustly despoiled. But that it cannot do. It may restore him to the +privileges of Masonry in general; but, innocent though he be, the Grand +Lodge, in deference to the prejudices of his Brethren, must perpetuate a +wrong, and punish this innocent person by expulsion from his lodge. I +cannot, I dare not, while I remember the eternal principles of justice, +subscribe to so monstrous an exercise of wrong—so flagrant an outrage +upon private rights.</p> +</div></div> + +<a name="index"></a> +<div class="chapter"> +<h2>Index.</h2> + + + +<h3>A.</h3> + + +<p>Accused, to what he is entitled<br /> +Act passed in the reign of Henry VI., anno 1425<br /> + " " " it was never enforced<br /> +Actual Past Master, term defined<br /> +Adjournment, a term not recognized in Masonry<br /> + " motion for, cannot be entertained<br /> +Affiliated Masons only, can visit lodges<br /> +Affiliation, what it is<br /> + " mode of<br /> + " requires unanimity<br /> + " Master Masons only entitled to it<br /> + " rejected application for, may be renewed in other lodges<br /> + " may be made with more than one lodge<br /> +Age, qualifications of candidates as to<br /> +Appeal from Grand Master not permitted<br /> + " not to be entertained in a lodge<br /> + " cannot be taken from the chair<br /> + " doctrine of, discussed<br /> + " from the Master, must be to the Grand Lodge<br /> + " every Mason has a right to one, to the Grand Lodge<br /> + " pending one, the sentence is in abeyance<br /> +Apprentices, rights of <i>(see Entered Apprentice</i>)<br /> +Arrears, non-payment of<br /> + " to lodges, history of their origin<br /> + " do not accrue during suspension<br /> +Assembly, general-one held in 287 by St. Alban<br /> + " " " in 926 at York<br /> + " " governed the craft for nearly 800 years<br /> + " " how organized<br /> +Atheist cannot be a Mason<br /> +Authorities for masonic law</p> + + + +<h3>B.</h3> + + +<p>Balloting for candidates<br /> + every member must take a part in it<br /> + secrecy of, inviolable<br /> + must be unanimous<br /> + Mason irresponsible for it to the lodge<br /> + not disfranchised of it by non-payment of arrears<br /> + mode of<br /> +Balloting in each degree<br /> + not actually prescribed in the ancient constitutions, but implied<br /> + must be unanimous<br /> +Ballot, reconsideration of<br /> + motion for, out of order<br /> + cannot be granted by dispensation<br /> +Black ball is the bulwark of Masonry<br /> +Brother, a title to be always used in lodge<br /> +Burial, masonic, right of<br /> + must be requested except for strangers<br /> + Master Masons only entitled to it<br /> + dispensation for, not usually required<br /> +Business, order of<br /> + may be suspended at any time by the Master<br /> +By-laws must be approved and confirmed by Grand Lodge</p> + + + +<h3>C.</h3> + + +<p>Calling from labor to refreshment<br /> +Censure, a masonic punishment<br /> +Certificates, masonic<br /> +Chaplain, Grand (<i>see Grand Chaplain</i>)<br /> +Charges of accusation, how to be made<br /> +Closing lodge is at the discretion of the Master<br /> +Committee of investigation on character of candidates<br /> +Committees to be appointed by the Master<br /> + Master is chairman of, when present<br /> +Communication of a lodge, how terminated<br /> +Consecration of a lodge how performed<br /> + meaning of<br /> +Constituting a lodge, ceremony of<br /> + meaning of<br /> +Constitutions, how to be altered<br /> +" Gothic, adopted in 926,<br /> +Corn, wine, and oil, masonic elements of consecration,<br /> +" " " why elements,<br /> +Crimes, masonic,<br /> +" " definition of,<br /> +" " enumeration of</p> + + + +<h3>D.</h3> + + +<p>Deacons,<br /> +" two in each lodge,<br /> +" are appointed officers,<br /> +" not removable by Master or Senior Warden<br /> +" Grand <i>(see Grand Deacons</i>)<br /> +Dedication of a lodge, how performed<br /> +" to whom, and why,<br /> +" meaning of<br /> +Definite suspension<br /> +" " restoration from<br /> +Degrees, no candidate can receive more than two at one communication<br /> +Demitting<br /> +" right of, not denied until recently,<br /> +" regulations concerning<br /> +" of many at one time may be refused<br /> +Deputy Grand Master, duties and prerogatives of<br /> +" " office of, not very ancient<br /> +" " exercises prerogatives of Grand Master in his absence<br /> +"" cannot be more than one<br /> +"" originally appointed by Grand Master<br /> +Discussions, how to be conducted in lodge,<br /> +Dispensation what and where to be granted<br /> +"for a lodge<br /> +"" " tenure of its duration<br /> +"" " difference from a Warrant<br /> +District Deputy Grand Master, a modern invention<br /> +Dotage a disqualification of candidates<br /> +" meaning of the term<br /> +Dues to lodges, a modern usage<br /> +" non-payment of, does not disqualify from voting for candidates</p> + + + +<h3>E.</h3> + + +<p>Emergency, rule upon the subject<br /> +Entered Apprentice, rights of<br /> + formerly a member of his lodge<br /> + formerly permitted to attend the Grand Communications<br /> + may sit in a lodge of his degree<br /> + cannot speak or vote<br /> + cannot be deprived of his rights without trial<br /> + after trial may appeal to the Grand Lodge<br /> +Erasure from lodge, a masonic punishment<br /> +Evidence in masonic trials<br /> +Examination of visitors<br /> + how to be conducted<br /> +Exclusion, a masonic punishment<br /> +Executive powers of a Grand Lodge<br /> +Expulsion is masonic death<br /> +Expulsion, a masonic punishment<br /> + should be inflicted by Grand Lodge or with its approval<br /> + from higher degrees, its effect<br /> + restoration from<br /> +Extinct lodges, funds of, revert to the Grand Lodge</p> + + + +<h3>F.</h3> + + +<p>Family distressed, of a Mason, entitled to relief<br /> +Fellow Craft, rights of<br /> + they formerly constituted the great body of the Fraternity<br /> + formerly permitted to speak, but not vote<br /> +Finishing candidates of one lodge in another<br /> +Fool cannot be a Mason<br /> +Free, a candidate must be, at the time of making<br /> +Free-born, a Mason must be<br /> + reason for the rule<br /> +Funds of extinct lodges revert to the Grand Lodge</p> + + + +<h3>G.</h3> + + +<p>General Assembly. (<i>See Assembly, General.</i>)<br /> +God, belief in, a qualification of a candidate<br /> +Gothic constitutions adopted in 926<br /> +Grand Chaplain,<br /> + office established in 1775<br /> + duties of<br /> +Grand Deacons<br /> + office more ancient than Oliver supposes<br /> + duties of<br /> + how appointed<br /> +Grand Lodge held in 1717<br /> + mode of organizing one<br /> + three lodges necessary to organize one<br /> + dormant may be revived if a Grand Officer remains,<br /> + all the Craft formerly members of<br /> + Masters and Wardens of lodges are members<br /> + Grand Officers are also members<br /> + Past Masters are not members by inherent right<br /> + its powers and prerogatives<br /> + may make new regulations<br /> + must observe the landmarks<br /> +Grand Lodges, historical sketch of<br /> + are comparatively modern institutions<br /> +Grand Marshal<br /> + appointed by the Grand Master<br /> + duties of<br /> +Grand Master, duties and prerogatives of<br /> + office of has existed since the origin of Masonry<br /> + an elective officer<br /> + by whom to be installed<br /> + prerogatives of, derived from two sources<br /> + no appeal from his decision<br /> + may convene Grand Lodge when he chooses<br /> + entitled to two votes<br /> + how to be punished<br /> + may grant dispensations<br /> +Grand Master may make Masons at sight<br /> + may constitute new lodges<br /> + cannot dispense with requisite forms in making Masons<br /> + his own lodge cannot exercise jurisdiction over him<br /> +Grand Pursuivant<br /> +Grand Secretary<br /> + office of established in 1723<br /> + duties of<br /> +Grand Secretary, may appoint an assistant<br /> +Grand Stewards<br /> + " " first mentioned in 1721<br /> + " " duties of<br /> + " " appointed by Junior Grand Warden<br /> +Grand Stewards' Lodge<br /> +Grand Sword-Bearer<br /> + " " duties of<br /> + " " office of, constituted in 1731<br /> +Grand Tiler<br /> +" " office of, must have existed from the earliest times<br /> +" " must not be a member of the Grand Lodge<br /> +" " sometimes appointed, and sometimes elected<br /> +Grand Treasurer<br /> +" " office of, established in 1724<br /> +" " duties of<br /> +" " has always been elected<br /> +Grand Wardens<br /> +" " originally appointed by the Grand Master<br /> +" " succeed the Grand Master and Deputy</p> + + + +<h3>H.</h3> + + +<p>Heresy not a masonic crime<br /> +Higher degrees, effect of expulsion from<br /> +Historical sketch</p> + + + +<h3>I.</h3> + + +<p>Idiot cannot be made a Mason<br /> +Impostor, how to be treated in examination<br /> +Incompetent witnesses, who they are<br /> +Indefinite suspension<br /> +" " restoration from<br /> +Innovations cannot be made in the body of Masonry<br /> +Insanity, if perfectly cured, no disqualification of a candidate<br /> +Installation<br /> + " whence the term derived<br /> + " necessary to legal existence of an officer<br /> + " of a Master of a lodge<br /> + " of the Grand Master<br /> +Instruction of representatives, right of, is vested in a lodge<br /> +Investigation of character must be by a committee<br /> +Irreligious libertine cannot be a Mason<br /> + " " definition of the term</p> + + + +<h3>J.</h3> + + +<p>Judicial powers of a Grand Lodge,<br /> +Junior Grand Warden<br /> +Junior Warden,<br /> + " " presides in absence of Master and Senior Warden,<br /> + " " does not take the West in absence of Senior Warden,<br /> + " " presides over the craft during refreshment<br /> + " " appoints the stewards<br /> +Jurisdiction of a lodge<br /> + " geographical or personal<br /> + " is over all its members<br /> + " " " unaffiliated Masons in its vicinity<br /> + " cannot extend beyond State lines,<br /> + " none over its Master</p> + + + +<h3>K.</h3> + + +<p>Knowledge of reading and writing necessary to a Mason</p> + + + +<h3>L.</h3> + + +<p>Labor, calling from, to refreshment<br /> +Landmarks, what they are,<br /> + " ritual and legislative<br /> + " must be observed by the Grand Lodge<br /> +Law of Grand Lodges<br /> + " subordinate lodges<br /> + " individuals<br /> +Lawful information, what it is<br /> +Laws, how to be interpreted<br /> + " of Masonry are of two kinds—written and unwritten<br /> + " written, whence derived<br /> + " unwritten, whence derived<br /> + " " same as ancient usage<br /> +Legislative powers of a Grand Lodge<br /> +Libertine, irreligious, cannot be a Mason<br /> + meaning of the term<br /> +Lodge, subordinate<br /> + definition of<br /> + how organized<br /> + must have been congregated by some superior authority<br /> +Lodge, under dispensation<br /> + definition of<br /> + generally precedes a warranted lodge<br /> + how formed<br /> + cannot make by-laws<br /> + cannot elect officers<br /> + cannot install officers<br /> + cannot elect members<br /> +Lodge, warranted<br /> + its powers and rights<br /> + must be consecrated<br /> + must be dedicated<br /> + must be constituted<br /> + its officers must be installed<br /> + ceremony of installation in<br /> + its powers are inherent in it<br /> + its reserved rights are secured by the regulations<br /> + an assembly of the craft in their primary capacity<br /> + may select its own members<br /> + elects its own officers<br /> + what officers of, are elected in England<br /> + may install its officers<br /> + Master of, must be installed by a past Master<br /> + may be represented in the Grand Lodge<br /> + representatives of<br /> + may instruct its representatives<br /> + may frame by-laws<br /> + may suspend or exclude a member<br /> + may declare a member expelled, the sentence to be approved by the Grand Lodge<br /> + may levy annual contributions<br /> + may select its name<br /> + cannot select its number<br /> + duties of<br /> + cannot alter the ritual<br /> + must elect officers at a particular time<br /> +Lodge, warranted, cannot interfere with business of another lodge<br /> + " " cannot initiate without previous notice<br /> + " " cannot confer more than two degrees on the same candidate at one time<br /> + " " cannot make more than five new Brothers at the same time<br /> + " " must meet once a month<br /> + " " neglecting to meet forfeits its warrant<br /> + " " cannot remove from the town, without the consent of the Grand Lodge<br /> + " " may remove from one part of the town to another, under restrictions<br /> + " " officers of</p> + + + +<h3>M.</h3> + + +<p>Madmen cannot be Masons<br /> +Maims, how far disqualifying candidates<br /> + " reason for the rule relating to<br /> +Mass meeting of the craft cannot organize a Grand Lodge<br /> +Master, Grand. <i>(See Grand Master</i>.)<br /> +Master Mason, rights of<br /> + " " becomes a member by signing the by-laws<br /> + " " how this right is forfeited<br /> + " " may apply to any lodge for membership<br /> + " " to whom subject for discipline<br /> + " " may speak and vote on all questions<br /> + " " may hold any office to which elected<br /> + " " but to serve as Master must have been a Warden<br /> + " " may appeal to the Grand Lodge<br /> + " " may visit any lodge, after examination<br /> +Master of a lodge<br /> + " " " must have previously served as Warden<br /> + " " " must see Grand Lodge regulations enforced<br /> + " " " must be installed by a Past Master<br /> + " " " has the warrant in charge<br /> + " " " may call special meetings of his lodge<br /> + " " " may close his lodge at any time<br /> + " " " presides over business as well as labor<br /> + " " " is supreme in his lodge<br /> +Master of a lodge, no appeal from his decision except to Grand<br /> +Lodge<br /> + moral qualifications of<br /> + intellectual qualifications of<br /> + who is to judge of them<br /> + is a member of the Grand Lodge<br /> + may exclude a member temporarily<br /> +Membership, right of<br /> +Members of Grand Lodge are Masters and Wardens with the Grand Officers<br /> +Minutes, when to be read<br /> + how to be amended<br /> + not to be read at special communications<br /> + formula for keeping<br /> +Moral law, what it is<br /> + a Mason must obey it<br /> +Motions, when to be entertained</p> + + + +<h3>N.</h3> + + +<p>Name of a lodge to be selected by itself<br /> +Non-residents, initiation of<br /> +Number of a lodge regulates its precedency<br /> + of candidates to be initiated at one communication</p> + + + +<h3>O.</h3> + + +<p>Office, can be vacated only by death, removal, or expulsion<br /> + not vacated by suspension<br /> +Officers of a Grand Lodge<br /> + subordinate lodge<br /> + warranted lodge must be installed<br /> + how to be installed<br /> + time of election determined by Grand Lodge<br /> + elected annually<br /> + vacancies in, how to be supplied<br /> + cannot resign<br /> +Order, rules of<br /> + whence derived</p> + + + +<h3>P.</h3> + + +<p>Parliamentary law not applicable to Masonry<br /> +Past Masters<br /> + rights of<br /> + not members of the Grand Lodge by inherent right<br /> + may install their successors<br /> + of two kinds—actual and virtual<br /> + may preside in a lodge<br /> + eligible to election to the chair<br /> + entitled to a seat in the East<br /> + eligible to be elected Deputy Grand Master, or Grand Warden<br /> + virtual, cannot be present at installing a Master<br /> +Penal jurisdiction of a lodge<br /> +Perfect youth, meaning of the term<br /> +Perfection, physical, why required of a candidate<br /> +Petition of candidate<br /> + must be read at a regular communication<br /> + referred to a committee of three<br /> + reported on at next regular communication<br /> + report on, cannot be made at a special communication<br /> + renewal of, in case of rejection<br /> + how to be renewed, if rejected<br /> + for advancement to a higher degree<br /> + if rejected, how to be renewed<br /> +Petitioners, not less than seven to form a lodge<br /> + what they must set forth<br /> + must be recommended by nearest lodge<br /> +Political offenses not cognizable by a lodge<br /> +Political qualifications of candidates<br /> +Postponed business, when to be called up<br /> +Precedency of lodges, regulated by their numbers<br /> +Presiding in a lodge, who has the right of<br /> + officer, has the prerogatives of the Master, for the time<br /> +Previous question, unknown in Masonry<br /> +Probation of candidates<br /> + for initiation<br /> + for advancement<br /> +Proceedings of a regular communication cannot be amended at a special one<br /> +Profanes, testimony of, how to be taken in trials<br /> +Proficiency of candidates<br /> +Proficiency of candidates, must be suitable<br /> +Punishments, masonic<br /> +Pursuivant, a title equivalent to Sword-Bearer</p> + + + +<h3>Q.</h3> + + +<p>Qualifications of a Master of a lodge<br /> + of candidates,<br /> + moral<br /> + religious<br /> + physical<br /> + intellectual<br /> + political, 184<br /> +Quarterly communications of Grand Lodge, ordered in 1717<br /> +Question, how to be taken on a motion</p> + + + +<h3>R.</h3> + + +<p>Reading, a qualification of candidates<br /> +Recommendation of nearest lodge, necessary to form a new one<br /> + of candidate, must be by two members<br /> +Reconsideration of ballot<br /> + motion for, is out of order,<br /> + cannot be granted by dispensation<br /> +Rejected candidate cannot apply to any other lodge<br /> + renewed petition of, when to be made,<br /> +Relief, right of claiming it<br /> + unworthy Masons not entitled to it<br /> +Religion of a Mason, what it is required to be<br /> +Religious offenses not cognizable by a lodge<br /> +Removal of a lodge, rule on the subject of<br /> +Representatives of a lodge, who they are<br /> +Reprimand, a masonic punishment<br /> +Restoration<br /> + from definite suspension<br /> + indefinite supension<br /> + expulsion<br /> + must be at a stated communication<br /> + may be by Grand Lodge<br /> + requires a unanimous vote<br /> + to membership discussed</p> + + + +<h3>S.</h3> + + +<p>Secretary, Grand. (<i>See Grand Secretary.</i>)<br /> + of a lodge<br /> + his duty<br /> + is a recording, corresponding, and receiving officer<br /> + is a check upon the treasurer<br /> + often receives compensation<br /> + in case of death, or expulsion, a successor may be elected<br /> + but not in case of removal, or sickness<br /> +Senior Grand Warden. (<i>See Grand Wardens.</i>)<br /> +Senior Warden<br /> + presides in absence of Master<br /> + may invite a Past Master to preside<br /> + presides over the craft during labor<br /> + appoints the Junior Deacon<br /> +Sentence in trials, how to be obtained<br /> + —— is in abeyance pending an appeal<br /> +Stewards, Grand. (<i>See Grand Stewards.</i>)<br /> + of a lodge<br /> + appointed by Junior Warden<br /> + duties of<br /> + not removable by Junior Warden<br /> +Stranger, initiation of<br /> +Suspension<br /> + definite<br /> + indefinite<br /> +Sword Bearer, Grand. (<i>See Grand Sword Bearer.</i>)</p> + + + +<h3>T.</h3> + + +<p>Testimony, how to be taken on masonic trials<br /> +Tiler, Grand. (<i>See Grand Tiler.</i>)<br /> + of a lodge<br /> + office existed from beginning of the institution<br /> + no lodge can be without one<br /> + must be a worthy Master Mason<br /> + if a member, the office does not disfranchise him<br /> + when voting, Junior Deacon takes his place<br /> + may be removed for misconduct<br /> +Tiler's obligation, form of it<br /> +Transient persons, initiation of<br /> +Treasurer, Grand. <i>(See Grand Treasurer</i>.)<br /> + " " of a lodge<br /> + " " duties of<br /> + " " is the only banker of the lodge<br /> + " " is a disbursing officer<br /> + " " a Brother of worldly substance usually selected<br /> + " " in case of death, a successor may be elected<br /> + " " but not in case of sickness, or removal<br /> +Trials, masonic<br /> + " " form of<br /> + " " evidence in</p> + + +<h3>U.</h3> + + +<p>Unaffiliated Masons<br /> + " " tax sometimes levied on<br /> + " " position, rights, and duties of<br /> +Unaffiliation, contrary to the spirit of Masonry<br /> + " effect of, on a Mason<br /> +Unanimity in the ballot required by the ancient constitutions<br /> +Uneducated candidates not forbidden by positive enactment<br /> + " " their admission opposed to the spirit of the institution</p> + + +<h3>V.</h3> + + +<p>Virtual Past Masters, who they are<br /> +Visit, right of<br /> + " only affiliated Mason entitled to it<br /> + " must be preceded by an examination<br /> + " requires a certificate to insure it<br /> +Visitors, examination of, described<br /> + " must take the Tiler's obligation<br /> +Voting must always be by a show of hands<br /> +Voting in trials, obligatory on all members present<br /> +Voucher must be a competent Mason<br /> +Vouching for a visitor</p> + + + +<h3>W.</h3> + + +<p>Wardens, Grand. (<i>See Grand Wardens.</i>)<br /> + of a lodge are assistants of the Master<br /> + entitled to membership in Grand Lodge<br /> +Warden, Senior. (<i>See Senior Warden.</i>)<br /> +Warden, Junior. (<i>See Junior Warden.</i>)<br /> +Warrant of constitution<br /> + what it is<br /> + its difference from a dispensation<br /> + can be revoked only by the Grand Lodge<br /> + confers powers of installation and succession<br /> + not necessary before 1717<br /> + cannot be resigned by a majority of the lodge<br /> +Warranted lodges. (<i>See Lodges, Warranted.</i>)<br /> +Witnesses in masonic trials, qualifications of<br /> + definition of incompetent ones<br /> +Woman cannot be made a Mason<br /> +Writing, a qualification of candidates</p> + + + +<h3>Y.</h3> + + +<p>Yeas and nays, calling for, unmasonic<br /> +Young man under age cannot be made a Mason<br /> +Youth, perfect, meaning of the term<br /></p> +</div> + + +<div class="chapter" id="footnotes"> +<h2>Footnotes</h2> + + + +<div id="fn1"><p>1. They will be found in Oliver's edition of Preston, p. 71, note, +(U.M.L., vol. iii., p. 58), or in the American edition by Richards, +Appendix i., note 5.</p></div> + +<div id="fn2"><p>2. Found in Ol. Preston, n. 3 (p. 162. U.M.L., vol. iii., p. 134).</p></div> + +<div id="fn3"><p>3. In all references to, or citations from, Anderson's Constitutions, I +have used, unless otherwise stated, the first edition printed at London in +1723—a fac simile of which has recently been published by Bro. John W. +Leonard, of New York. I have, however, in my possession the subsequent +editions of 1738, 1755, and 1767, and have sometimes collated them +together.</p></div> + +<div id="fn4"><p>4. The Gothic Constitutions are that code of laws which was adopted by +the General Assembly at York, in the year 926. They are no longer extant, +but portions of them have been preserved by Anderson, Preston, and other +writers.</p></div> + +<div id="fn5"><p>5. Preston, book iv., sec, 2., p. 132, n. (U.M.L.,vol. iii., p. 109).</p></div> + +<div id="fn6"><p>6. General Regulations, art. xxxix.</p></div> + +<div id="fn7"><p>7. Chancellor Walworth, in his profound argument on the New York +difficulties, asserted that this fact "does not distinctly appear, +although it is, pretty evident that all voted."—p. 33. The language of +Anderson does not, however, admit of a shadow of a doubt. "The Brethren," +he says, "by a majority of hands, elected," &c.</p></div> + +<div id="fn8"><p>8. Opinion of Chancellor Walworth upon the questions connected with the +late masonic difficulties in the State of New York, p. 37. There is much +historical learning displayed in this little pamphlet.</p></div> + +<div id="fn9"><p>9. Preston, p. 131, n., Oliver's Edit. (U.M.L., vol. iii.,p. 109).</p></div> + +<div id="fn10"><p>10. Of the thirty-six Grand Masters who have presided over the craft in +England since the revival of Masonry in 1717, thirty have been noblemen, +and three princes of the reigning family.</p></div> + +<div id="fn11"><p>11. Article xxxiv.</p></div> + +<div id="fn12"><p>12. His most important prerogatives are inherent or derived from ancient +usage.</p></div> + +<div id="fn13"><p>13. Proceedings G.L. Maryland, 1849, p. 25.</p></div> + +<div id="fn14"><p>14. Art. xxxix.</p></div> + +<div id="fn15"><p>15. The word "time" has been interpreted to mean <i>communication</i>.</p></div> + +<div id="fn16"><p>16. And this is not because such past officer has an inherent right to +the mastership, but because as long as such an one is present and willing +to serve, there does not exist such an emergency as would authorize a +dispensation of the law.</p></div> + +<div id="fn17"><p>17. What further concerns a lodge under dispensation is referred to a +special chapter in a subsequent part of the work.</p></div> + +<div id="fn18"><p>18. It is well known, although it cannot be quoted as authority, that the +Athol Constitutions expressly acknowledged the existence of this +prerogative. See Dermott's Ahiman Rezon.</p></div> + +<div id="fn19"><p>19. Book of Constitutions, edit. 1767, p. 222.</p></div> + +<div id="fn20"><p>20. Book of Const., p. 233.</p></div> + +<div id="fn21"><p>21. Book of Const., p. 313.</p></div> + +<div id="fn22"><p>22. Book of Constitutions, p. 319.</p></div> + +<div id="fn23"><p>23. Preston, p. 237, ed. 1802, (U.M.L., vol. iii., p. 223).</p></div> + +<div id="fn24"><p>24. Book of Constitutions, p. 247</p></div> + +<div id="fn25"><p>25. The existence of this prerogative is denied by the Grand Lodges of +Missouri, Tennessee, Louisiana, and Massachusetts, while it is admitted by +those of New York, Kentucky, North Carolina, South Carolina, Wisconsin, +Vermont, Mississippi, Ohio, New Hampshire, Maryland, Indiana, Texas and +Florida; in the last two, however, subject to limitation.</p></div> + +<div id="fn26"><p>26. That is, the one who has longest been a Freemason.</p></div> + +<div id="fn27"><p>27. Book of the Lodge, p. 115 (U.M.L., vol. i., book 2, p. 78).</p></div> + +<div id="fn28"><p>28. It was abolished in New York in 1854.</p></div> + +<div id="fn29"><p>29. This is a small chest or coffer, representing the ark of the +covenant, and containing the three great lights of Masonry.</p></div> + +<div id="fn30"><p>30. "What man is there that hath a new house and hath not dedicated it? +Let him go and return to his house, lest he die in the battle and another +man dedicate it." Deut. xx. 5.</p></div> + +<div id="fn31"><p>31. De Syned. Vet. Ebræor., 1. iii., c. xiv., § 1.</p></div> + +<div id="fn32"><p>32. Cicero, Brut. i.</p></div> + +<div id="fn33"><p>33. See such a form of Dispensation in Cole's Masonic Library, p. 91.</p></div> + +<div id="fn34"><p>34. Preston, Append., n. 4 (U.M.L., vol. iii., pp. 150, 151).</p></div> + +<div id="fn35"><p>35. Book of Constitutions, orig. ed, p., 70 (U.M.L., vol. xv., book 1, p. +70).</p></div> + +<div id="fn36"><p>36. General Regulations of 1722. A subsequent regulation permitted the +election of a candidate, if there were not more than three black balls +against him, provided the lodge desired such a relaxation of the rule. The +lodges of this country, however, very generally, and, as I think, with +propriety, require unanimity. The subject will be hereafter discussed.</p></div> + +<div id="fn37"><p>37. Every lodge shall annually elect its Master and Treasurer by ballot. +Such Master having been regularly appointed and having served as Warden of +a warranted lodge for one year. <i>Constitutions of the Ancient Fraternity +of Free and Accepted Masons, published by authority of the United Grand +Lodge of England</i>, 1847, <i>p</i>. 58 (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn38"><p>38. The Wardens, or officers, of a lodge cannot be removed, unless for a +cause which appears to the lodge to be sufficient; but the Master, if he +be dissatisfied with the conduct of any of his officers, may lay the cause +of complaint before the lodge; and, if it shall appear to the majority of +the Brethren present that the complaint be well founded, he shall have +power to displace such officer, and to nominate another. <i>English +Constitutions, as above, p.</i> 80 (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn39"><p>39. It is not necessary that he should be a Past Master of the lodge.</p></div> + +<div id="fn40"><p>40. No master shall assume the Master's chair, until he shall have been +regularly installed, though he may in the interim rule the lodge. <i>English +Constitutions</i> (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn41"><p>41. Every Warranted Lodge is a constituent part of the Grand Lodge, in +which assembly all the power of the fraternity resides. <i>English +Constitutions, p</i>. 70 (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn42"><p>42. We shall not here discuss the question whether Past Masters are +members of the Grand Lodge, by inherent right, as that subject will be +more appropriately investigated when we come to speak of the Law of Grand +Lodges, in a future chapter. They are, however clearly, not the +representatives of their lodge.</p></div> + +<div id="fn43"><p>43. Preston, p. 167 (U.M.L., vol. iii., p. 151).</p></div> + +<div id="fn44"><p>44. General Regulations. Of the duty of members, Art. X, (U.M.L., vol. +xv., book 1, p. 61).</p></div> + +<div id="fn45"><p>45. English Constitutions, p. 59 (U.M.L., vol. ix., book 1).</p></div> + +<div id="fn46"><p>46. In selecting the name, the modern Constitutions of England make the +approbation of the Grand Master or Provincial Grand Master necessary.</p></div> + +<div id="fn47"><p>47. Such is the doctrine of the modern English Constitutions.</p></div> + +<div id="fn48"><p>48. "No Brother can be a Warden until he has passed the part of a Fellow +Craft; nor a Master until he has acted as a Warden."—<i>Old Charges</i>, IV. +(U.M.L., vol. xv., book 1, p. 52).</p></div> + +<div id="fn49"><p>49. Regulations on Installation of a Master, No. III. Preston, p. 74 +(U.M.L., vol. iii., p. 61).</p></div> + +<div id="fn50"><p>50. Hats. quoted in Jefferson, p. 14.</p></div> + +<div id="fn51"><p>51. One of the ancient charges, which Preston tells us that it was the +constant practice of our Ancient Brethren to rehearse at the opening and +closing of the lodge, seems to refer to this rule, when it says, "the +Master, Wardens, and Brethren are just and faithful, and <i>carefully finish +the work they begin</i>."—Oliver's Preston, p. 27, <i>note</i> (U.M.L., vol. +iii., p. 22).</p></div> + +<div id="fn52"><p>52. Proceedings of G.L. of Tennessee, 1850. Appendix A, p. 8.</p></div> + +<div id="fn53"><p>53. Book of Constitutions, edition of 1755, p. 282.</p></div> + +<div id="fn54"><p>54. If it is an extra communication, this item of the transaction is, of +course, omitted, for minutes are only to be confirmed at regular +communications.</p></div> + +<div id="fn55"><p>55. Oliver's Preston, p. 163, note (U.M.L., vol. iii., p. 135).</p></div> + +<div id="fn56"><p>56. Such is the provision in the modern constitutions of England, but the +4th of the 39 Regulations required the candidate to be at least +twenty-five.</p></div> + +<div id="fn57"><p>57. See these regulations in Preston, p. 162, Oliver's ed. (U.M.L., vol. +iii., p. 135).</p></div> + +<div id="fn58"><p>58. Oliver's Preston, p. 72, (U.M.L., vol. iii., p. 59).</p></div> + +<div id="fn59"><p>59. Blackstone, Com. I., Introd., § 2.</p></div> + +<div id="fn60"><p>60. In an able report on this subject, in the proceedings of the Grand +Lodge of Georgia for 1852. In accordance with the views there expressed, +Bro. Rockwell decided officially, as District Deputy Grand Master, in +1851, that a man who had lost one eye was not admissible.</p></div> + +<div id="fn61"><p>61. Potter, 184.</p></div> + +<div id="fn62"><p>62. Page 18. In December, 1851, the Committee of Correspondence of North +Carolina, unregardful of the rigid rule of their predecessors, decided +that maimed candidates might be initiated, "provided their loss or +infirmity will not prevent them from making full proficiency in Masonry."</p></div> + +<div id="fn63"><p>63. Proceedings of the G.L. of Mo. for 1823, p. 5. The report and +resolution were on the petitions of two candidates to be initiated, one +with only one arm, and the other much deformed in his legs.</p></div> + +<div id="fn64"><p>64. When the spirit of expediency once begins, we know not where it will +stop. Thus a blind man has been initiated in Mississippi, and a one-armed +one in Kentucky; and in France a few years since, the degrees were +conferred by sign-language on a deaf mute!</p></div> + +<div id="fn65"><p>65. Namely, the incorrectly presumed operative origin of the Order. The +whole of this report, which is from the venerable Giles F. Yates, contains +an able and unanswerable defense of the ancient law in opposition to any +qualification.</p></div> + +<div id="fn66"><p>66. See proceedings of New York, 1848, pp. 36, 37.</p></div> + +<div id="fn67"><p>67. Such is the formula prescribed by the Constitutions of England as +well as all the Monitors in this country.</p></div> + +<div id="fn68"><p>68. See Mackey's Lexicon of Freemasonry, 3d Edit., art, <i>Ballot</i>.</p></div> + +<div id="fn69"><p>69. Book of Constitutions. Edit. 1755, p. 312.</p></div> + +<div id="fn70"><p>70. See Mackey's Lexicon of Freemasonry, 3d Edit., art. <i>Ballot</i></p></div> + +<div id="fn71"><p>71. Except when there is but one black ball, in which case the matter +lies over until the next stated meeting. See preceding Section.</p></div> + +<div id="fn72"><p>72. Masonry founded on Scripture, a Sermon preached in 1752, by the Rev. +W. Williams.</p></div> + +<div id="fn73"><p>73. That is, advance him, from the subordinate position of a serving man +or Apprentice, to that of a Fellow Craft or journeyman.</p></div> + +<div id="fn74"><p>74. This is also the regulation of the Grand Lodge of South Carolina.</p></div> + +<div id="fn75"><p>75. Proceedings of Grand Lodge of New York, for 1845. He excepts, of +course, from the operation of the rule, those made by dispensation; but +this exception does not affect the strength of the principle.</p></div> + +<div id="fn76"><p>76. Preston, edition of Oliver, p. 12 (U.M.L., vol. iii., p. 10).</p></div> + +<div id="fn77"><p>77. Transactions of the G.L. of New York, anno 1848, p. 73.</p></div> + +<div id="fn78"><p>78. Edition of 1723, page 71 (U.M.L., vol. xv., book 1, p. 71).</p></div> + +<div id="fn79"><p>79. Preston, p. 48 (U.M.L., vol, iii., p. 40).</p></div> + +<div id="fn80"><p>80. Const. New York, 1854, p. 13. The Constitutions of the Grand Lodge of +England (p. 64) have a similar provision; but they require the Brother to +express his wish for membership on the day of his initiation.</p></div> + +<div id="fn81"><p>81. Preston, Oliver's Ed., p. 71, <i>note</i> (U.L.M., vol. iii., p. 60).</p></div> + +<div id="fn82"><p>82. See Oliver, note in Preston, p. 75 (U.M.L., vol. iii, p. 61).</p></div> + +<div id="fn83"><p>83. Oliver's Preston, p. 162 (U.M.L., vol. iii., p. 135.)</p></div> + +<div id="fn84"><p>84. See Anderson's Const., 3d Edit., 1755, page 303.</p></div> + +<div id="fn85"><p>85. Preston, Oliver's Edit., p. 89 (U.M.L., vol. iii., p. 72).</p></div> + +<div id="fn86"><p>86. Preston, Oliver's Edit" p. 90 (U.M.L., vol. iii., p. 73).</p></div> + +<div id="fn87"><p>87. Book I., chap. iii.</p></div> + +<div id="fn88"><p>88. Proceedings of Louisiana, an. 1852.</p></div> + +<div id="fn89"><p>89. Preston, Oliver's Edit., p. 76 (U.M.L., vol. iii, p. 62).</p></div> + +<div id="fn90"><p>90. Ibid</p></div> + +<div id="fn91"><p>91. See Mackey's Lexicon of Freemasonry, <i>in voce</i>.</p></div> + +<div id="fn92"><p>92. Constitutions, Second Edition of 1738, p. 154.</p></div> + +<div id="fn93"><p>93. Proceedings for 1853.</p></div> + +<div id="fn94"><p>94. Proceedings for 1847.</p></div> + +<div id="fn95"><p>95. The right to visit is restricted to once, by many Grand Lodges to +enable him to become acquainted with the character of the lodge before he +applies for membership.</p></div> + +<div id="fn96"><p>96. Blackstone, Introd., § i.</p></div> + +<div id="fn97"><p>97. For so we should interpret the word "honeste."</p></div> + +<div id="fn98"><p>98. I have treated this subject of expulsion so fully in my "Lexicon of +Freemasonry," and find so little more to say on the subject, that I have +not at all varied from the course of argument, and very little from the +phraseology of the article in that work.</p></div> + +<div id="fn99"><p>99. In England, ejection from a membership by a subordinate lodge is +called "exclusion," and it does not deprive the party of his general +rights as a member of the fraternity.</p></div> + +<div id="fn100"><p>100. Lexicon of Freemasonry.</p></div> + +<div id="fn101"><p>101. Phillips, on Evidence, p. 3.</p></div> + +<div id="fn102"><p>102. Chief Baron Gilbert.</p></div> +</div> + + + + + + + + +<pre> + + + + + +End of Project Gutenberg's The Principles of Masonic Law, by Albert G. 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Mackey + +Release Date: April 28, 2004 [EBook #12186] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE PRINCIPLES OF MASONIC LAW *** + + + + +Produced by Distributed Proofreaders + + + + +THE PRINCIPLES OF MASONIC LAW: + +A Treatise on the Constitutional Laws, Usages And Landmarks of +Freemasonry, + +By + +Albert G. Mackey, M.D., + +Author of + +"The Lexicon of Freemasonry," "The Mystic Tie," "Legends and Traditions of +Freemasonry," Etc., Etc., + +Grand Lecturer and Grand Secretary of The Grand Lodge of South Carolina; +Secretary General of the Supreme Council of the Ancient and Accepted Rite +for the Southern Jurisdiction of the United States, Etc., Etc., Etc. + + "Est enim unum jus, quo devincta est hominum societas, quod lex + constituit una; quae lex est recta ratio imperandi atque prohibendi, + quam qui ignorat is est injustus." + + Cicero de Legibus. c. XV. + +New York: +Jno. W. Leonard & Co., Masonic Publishers, +383 Broadway. + +1856. + + + +Entered, according to Act of Congress, in the year 1855, by Jno. W. +Leonard & Co., + +In the Clerk's Office of the District Court of the United States for the +Southern District of New York. + + + + +To + +Brother J.J.J. Gourgas, + +Sovereign Grand Inspector General in the Supreme Council for the Northern +Jurisdiction of the United States, + +I Dedicate This Work, + +As a Slight Testimonial of My Friendship and Esteem for Him +As a Man, +And of My Profound Veneration for His Character +As a Mason; +Whose Long and Useful Life Has Been Well Spent in the +Laborious Prosecution of the Science, +And the Unremitting Conservation of the Principles of Our +Sublime Institution. + + + +Table of Contents + + + +Preface +Introduction + + +Book First. The Law of Grand Lodges. + +Chapter I. Historical Sketch. +Chapter II. Of the Mode of Organizing Grand Lodges. +Chapter III. Of the Members of a Grand Lodge. +Chapter IV. Of the Officers of a Grand Lodge. + Section I. Of the Grand Master. + Section II. The Deputy Grand Master. + Section III. Of the Grand Wardens. + Section IV. Of the Grand Treasurer. + Section V. Of the Grand Secretary. + Section VI. Of the Grand Chaplain. + Section VII. Of the Grand Deacons. + Section VIII. Of the Grand Marshal. + Section IX. Of the Grand Stewards. + Section X. Of the Grand Sword-Bearer. + Section XI. Of the Grand Tiler. +Chapter V. Of the Powers and Prerogatives of a Grand Lodge. + Section I. General View. + Section II. Of the Legislative Power of a Grand Lodge. + Section III. Of the Judicial Power of a Grand Lodge. + Section IV. Of the Executive Power of a Grand Lodge. + + +Book Second. Laws of Subordinate Lodges. + +Chapter I. Of the Nature and Organization of Subordinate Lodges. +Chapter II. Of Lodges under Dispensation. +Chapter III. Of Lodges Working under a Warrant of Constitution. +Chapter IV. Of the Officers of a Subordinate Lodge. + Section I. Of the Officers in General. + Section II. Of the Worshipful Master. + Section III. Of the Wardens. + Section IV. Of the Treasurer. + Section V. Of the Secretary. + Section VI. Of the Deacons. + Section VII. Of the Stewards. + Section VIII. Of the Tiler. +Chapter V. Of Rules of Order. + Section I. Of the Order of Business. + Section II. Of Appeals from the Decision of the Chair. + Section III. Of the Mode of Taking the Question. + Section IV. Of Adjournments. + Section V. Of the Appointment of Committees. + Section VI. Of the Mode of Keeping the Minutes. + + +Book Third. The Law of Individuals. + +Chapter I. Of the Qualifications of Candidates. + Section I. Of the Moral Qualifications of Candidates. + Section II. Of the Physical Qualifications of Candidates. + Section III. Of the Intellectual Qualifications of Candidates. + Section IV. Of the Political Qualifications of Candidates. + Section V. Of the Petition of Candidates for Admission, and the + Action Thereon. + Section VI. Of Balloting for Candidates. + Section VII. Of the Reconsideration of the Ballot. + Section VIII. Of the Renewal of Applications by Rejected Candidates. + Section IX. Of the Necessary Probation and Due Proficiency of + Candidates before Advancement + Section X. Of Balloting for Candidates in each Degree. + Section XI. Of the Number to be Initiated at one Communication. + Section XII. Of Finishing the Candidates of one Lodge in another. + Section XIII. Of the Initiation of Non-residents. +Chapter II. Of the Rights of Entered Apprentices. +Chapter III. Of the Rights of Fellow Crafts. +Chapter IV. Of the Rights of Master Masons. + Section I. Of the Right of Membership. + Section II. Of the Right of Visit. + Section III. Of the Examination of Visitors. + Section IV. Of Vouching for a Brother. + Section V. Of the Right of Claiming Relief. + Section VI. Of the Right of Masonic Burial. +Chapter V. Of the Rights of Past Masters. +Chapter VI. Of Affiliation. +Chapter VII. Of Demitting. +Chapter VIII. Of Unaffiliated Masons. + + +Book Fourth. Of Masonic Crimes and Punishments. + +Chapter I. Of What Are Masonic Crimes. +Chapter II. Of Masonic Punishments. + Section I. Of Censure. + Section II. Of Reprimand. + Section III. Of Exclusion from the Lodge. + Section IV. Of Definite Suspension. + Section V. Of Indefinite Suspension. + Section VI. Of Expulsion. +Chapter III. Of Masonic Trials. + Section I. Of the Form of Trial. + Section II. Of the Evidence in Masonic Trials. +Chapter IV. Of the Penal Jurisdiction of a Lodge. +Chapter V. Of Appeals. +Chapter VI. Of Restoration. + + +Index. +Footnotes. + + + + +Preface. + + + +In presenting to the fraternity a work on the Principles of Masonic Law, +it is due to those for whom it is intended, that something should be said +of the design with which it has been written, and of the plan on which it +has been composed. It is not pretended to present to the craft an +encyclopedia of jurisprudence, in which every question that can possibly +arise, in the transactions of a Lodge, is decided with an especial +reference to its particular circumstances. Were the accomplishment of such +an herculean task possible, except after years of intense and unremitting +labor, the unwieldy size of the book produced, and the heterogeneous +nature of its contents, so far from inviting, would rather tend to +distract attention, and the object of communicating a knowledge of the +Principles of Masonic Law, would be lost in the tedious collation of +precedents, arranged without scientific system, and enunciated without +explanation. + +When I first contemplated the composition of a work on this subject, a +distinguished friend and Brother, whose opinion I much respect, and with +whose advice I am always anxious to comply, unless for the most +satisfactory reasons, suggested the expediency of collecting the decisions +of all Grand Masters, Grand Lodges, and other masonic authorities upon +every subject of Masonic Law, and of presenting them, without commentary, +to the fraternity. + +But a brief examination of this method, led me to perceive that I would be +thus constructing simply a digest of decrees, many of which would probably +be the results of inexperience, of prejudice, or of erroneous views of the +masonic system, and from which the authors themselves have, in repeated +instances, subsequently receded--for Grand Masters and Grand Lodges, +although entitled to great respect, are not infallible--and I could not, +conscientiously, have consented to assist, without any qualifying remark, +in the extension and perpetuation of edicts and opinions, which, however +high the authority from which they emanated, I did not believe to be in +accordance with the principles of Masonic jurisprudence. + +Another inconvenience which would have attended the adoption of such a +method is, that the decisions of different Grand Lodges and Grand Masters +are sometimes entirely contradictory on the same points of Masonic Law. +The decree of one jurisdiction, on any particular question, will often be +found at variance with that of another, while a third will differ from +both. The consultor of a work, embracing within its pages such distracting +judgments, unexplained by commentary, would be in doubt as to which +decision he should adopt, so that coming to the inspection with the desire +of solving a legal question, he would be constrained to close the volume, +in utter despair of extracting truth or information from so confused a +mass of contradictions. + +This plan I therefore at once abandoned. But knowing that the +jurisprudence of Masonry is founded, like all legal science, on abstract +principles, which govern and control its entire system, I deemed it to be +a better course to present these principles to my readers in an elementary +and methodical treatise, and to develop from them those necessary +deductions which reason and common sense would justify. + +Hence it is that I have presumed to call this work "The Principles of +Masonic Law." It is not a code of enactments, nor a collection of +statutes, nor yet a digest of opinions; but simply an elementary treatise, +intended to enable every one who consults it, with competent judgment, and +ordinary intelligence, to trace for himself the bearings of the law upon +any question which he seeks to investigate, and to form, for himself, a +correct opinion upon the merits of any particular case. + +Blackstone, whose method of teaching I have endeavored, although I confess +"ab longo inter-vallo," to pursue, in speaking of what an academical +expounder of the law should do, says: + +"He should consider his course as a general map of the law, marking out +the shape of the country, its connections, and boundaries, its greater +divisions, and principal cities; it is not his business to describe +minutely the subordinate limits, or to fix the longitude and latitude of +every inconsiderable hamlet." + +Such has been the rule that has governed me in the compilation of this +work. But in delineating this "general map" of the Masonic Law, I have +sought, if I may continue the metaphor, so to define boundaries, and to +describe countries, as to give the inspector no difficulty in "locating" +(to use an Americanism) any subordinate point. I have treated, it is true, +of principles, but I have not altogether lost sight of cases. + +There are certain fundamental laws of the Institution, concerning which +there never has been any dispute, and which have come down to us with all +the sanctions of antiquity, and universal acceptation. In announcing +these, I have not always thought it necessary to defend their justice, or +to assign a reason for their enactment. + +The weight of unanimous authority has, in these instances, been deemed +sufficient to entitle them to respect, and to obedience. + +But on all other questions, where authority is divided, or where doubts of +the correctness of my decision might arise, I have endeavored, by a course +of argument as satisfactory as I could command, to assign a reason for my +opinions, and to defend and enforce my views, by a reference to the +general principles of jurisprudence, and the peculiar character of the +masonic system. I ask, and should receive no deference to my own +unsupported theories--as a man, I am, of course, fallible--and may often +have decided erroneously. But I do claim for my arguments all the weight +and influence of which they may be deemed worthy, after an attentive and +unprejudiced examination. To those who may at first be ready--because I do +not agree with all their preconceived opinions--to doubt or deny my +conclusions, I would say, in the language of Themistocles, "Strike, but +hear me." + +Whatever may be the verdict passed upon my labors by my Brethren, I trust +that some clemency will be extended to the errors into which I may have +fallen, for the sake of the object which I have had in view: that, namely, +of presenting to the Craft an elementary work, that might enable every +Mason to know his rights, and to learn his duties. + +The intention was, undoubtedly, a good one. How it has been executed, it +is not for me, but for the masonic public to determine. + +Albert G. Mackey. + +Charleston, S.C., January 1st., 1856. + + + + +Introduction. + +The Authorities for Masonic Law. + + + +The laws which govern the institution of Freemasonry are of two kinds, +_unwritten_ and _written,_ and may in a manner be compared with the "lex +non scripta," or common law, and the "lex seripta," or statute law of +English and American jurists. + +The "lex non scripta," or _unwritten law_ of Freemasonry is derived from +the traditions, usages and customs of the fraternity as they have existed +from the remotest antiquity, and as they are universally admitted by the +general consent of the members of the Order. In fact, we may apply to +these unwritten laws of Masonry the definition given by Blackstone of the +"leges non scriptae" of the English constitution--that "their original +institution and authority are not set down in writing, as acts of +parliament are, but they receive their binding power, and the force of +laws, by long and immemorial usage and by their universal reception +throughout the kingdom." When, in the course of this work, I refer to +these unwritten laws as authority upon any point, I shall do so under the +appropriate designation of "ancient usage." + +The "lex scripta," or written law of Masonry, is derived from a variety of +sources, and was framed at different periods. The following documents I +deem of sufficient authority to substantiate any principle, or to +determine any disputed question in masonic law. + +1. The "Ancient Masonic charges, from a manuscript of the Lodge of +Antiquity," and said to have been written in the reign of James II.[1] + +2. The regulations adopted at the General Assembly held in 1663, of which +the Earl of St. Albans was Grand Master.[2] + +3. The interrogatories propounded to the Master of a lodge at the time of +his installation, and which, from their universal adoption, without +alteration, by the whole fraternity, are undoubtedly to be considered as +a part of the fundamental law of Masonry. + +4. "The Charges of a Freemason, extracted from the Ancient Records of +Lodges beyond sea, and of those in England, Scotland, and Ireland, for the +use of the Lodges in London," printed in the first edition of the Book of +Constitutions, and to be found from p. 49 to p. 56 of that work.[3] + +5. The thirty-nine "General Regulations," adopted "at the annual assembly +and feast held at Stationers' hall on St. John the Baptist's day, 1721," +and which were published in the first edition of the Book of +Constitutions, p. 58 to p. + +6. The subsequent regulations adopted at various annual communications by +the Grand Lodge of England, up to the year 1769, and published in +different editions of the Book of Constitutions. These, although not of +such paramount importance and universal acceptation as the Old Charges +and the Thirty-nine Regulations, are, nevertheless, of great value as the +means of settling many disputed questions, by showing what was the law and +usage of the fraternity at the times in which they were adopted. + +Soon after the publication of the edition of 1769 of the Book of +Constitutions, the Grand Lodges of America began to separate from their +English parent and to organize independent jurisdictions. From that +period, the regulations adopted by the Grand Lodge of England ceased to +have any binding efficacy over the craft in this country, while the laws +passed by the American Grand Lodges lost the character of general +regulations, and were invested only with local authority in their several +jurisdictions. + +Before concluding this introductory section, it may be deemed necessary +that something should be said of the "Ancient Landmarks of the Order," to +which reference is so often made. + +Various definitions have been given of the landmarks. Some suppose them to +be constituted of all the rules and regulations which were in existence +anterior to the revival of Masonry in 1717, and which were confirmed and +adopted by the Grand Lodge of England at that time. Others, more +stringent in their definition, restrict them to the modes of recognition +in use among the fraternity. I am disposed to adopt a middle course, and +to define the Landmarks of Masonry to be, all those usages and customs of +the craft--whether ritual or legislative--whether they relate to forms and +ceremonies, or to the organization of the society--which have existed from +time immemorial, and the alteration or abolition of which would materially +affect the distinctive character of the institution or destroy its +identity. Thus, for example, among the legislative landmarks, I would +enumerate the office of Grand Master as the presiding officer over the +craft, and among the ritual landmarks, the legend of the third degree. But +the laws, enacted from time to time by Grand Lodges for their local +government, no matter how old they may be, do not constitute landmarks, +and may, at any time, be altered or expunged, since the 39th regulation +declares expressly that "every annual Grand Lodge has an inherent power +and authority to make new regulations or to alter these (viz., the +thirty-nine articles) for the real benefit of this ancient fraternity, +provided always that the old landmarks be carefully preserved." + + + + + +Book First + +The Law of Grand Lodges. + + + +It is proposed in this Book, first to present the reader with a brief +historical sketch of the rise and progress of the system of Grand Lodges; +and then to explain, in the subsequent sections, the mode in which such +bodies are originally organized, who constitute their officers and +members, and what are their acknowledged prerogatives. + + + + +Chapter I. + +Historical Sketch. + + +Grand Lodges under their present organization, are, in respect to the +antiquity of the Order, of a comparatively modern date. We hear of no such +bodies in the earlier ages of the institution. Tradition informs us, that +originally it was governed by the despotic authority of a few chiefs. At +the building of the temple, we have reason to believe that King Solomon +exercised an unlimited and irresponsible control over the craft, although +a tradition (not, however, of undoubted authority) says that he was +assisted in his government by the counsel of twelve superintendants, +selected from the twelve tribes of Israel. But we know too little, from +authentic materials, of the precise system adopted at that remote period, +to enable us to make any historical deductions on the subject. + +The first historical notice that we have of the formation of a supreme +controlling body of the fraternity, is in the "Gothic Constitutions"[4] +which assert that, in the year 287, St. Alban, the protomartyr of England, +who was a zealous patron of the craft, obtained from Carausius, the +British Emperor, "a charter for the Masons to hold a general council, and +gave it the name of assembly." The record further states, that St. Alban +attended the meeting and assisted in making Masons, giving them "good +charges and regulations." We know not, however, whether this assembly ever +met again; and if it did, for how many years it continued to exist. The +subsequent history of Freemasonry is entirely silent on the subject. + +The next general assemblage of the craft, of which the records of +Freemasonry inform us, was that convened in 926, at the city of York, in +England, by Prince Edwin, the brother of King Athelstane, and the grandson +of Alfred the Great. This, we say, was the next general assemblage, +because the Ashmole manuscript, which was destroyed at the revival of +Freemasonry in 1717, is said to have stated that, at that time, the Prince +obtained from his brother, the king, a permission for the craft "to hold a +yearly communication and a general assembly." The fact that such a power +of meeting was then granted, is conclusive that it did not before exist: +and would seem to prove that the assemblies of the craft, authorised by +the charter of Carausius, had long since ceased to be held. This yearly +communication did not, however, constitute, at least in the sense we now +understand it, a Grand Lodge. The name given to it was that of the +"General Assembly of Masons." It was not restricted, as now, to the +Masters and Wardens of the subordinate lodges, acting in the capacity of +delegates or representatives, but was composed, as Preston has observed, +of as many of the fraternity at large as, being within a convenient +distance, could attend once or twice a year, under the auspices of one +general head, who was elected and installed at one of these meetings, and +who, for the time being, received homage as the governor of the whole +body. Any Brethren who were competent to discharge the duty, were allowed, +by the regulations of the Order, to open and hold lodges at their +discretion, at such times and places as were most convenient to them, and +without the necessity of what we now call a Warrant of Constitution, and +then and there to initiate members into the Order.[5] To the General +Assembly, however, all the craft, without distinction, were permitted to +repair; each Mason present was entitled to take part in the deliberations, +and the rules and regulations enacted were the result of the votes of the +whole body. The General Assembly was, in fact, precisely similar to those +political congregations which, in our modern phraseology, we term "mass +meetings." + +These annual mass meetings or General Assemblies continued to be held, for +many centuries after their first establishment, at the city of York, and +were, during all that period, the supreme judicatory of the fraternity. +There are frequent references to the annual assemblies of Freemasons in +public documents. The preamble to an act passed in 1425, during the reign +of Henry VI., just five centuries after the meeting at York, states that, +"by the _yearly congregations_ and confederacies made by the Masons in +their _general assemblies, _ the good course and effect of the statute of +laborers were openly violated and broken." This act which forbade such +meetings, was, however, never put in force; for an old record, quoted in +the Book of Constitutions, speaks of the Brotherhood having frequented +this "mutual assembly," in 1434, in the reign of the same king. We have +another record of the General Assembly, which was held in York on the 27th +December, 1561, when Queen Elizabeth, who was suspicious of their secrecy, +sent an armed force to dissolve the meeting. A copy is still preserved of +the regulations which were adopted by a similar assembly held in 1663, on +the festival of St. John the Evangelist; and in these regulations it is +declared that the private lodges shall give an account of all their +acceptations made during the year to the General Assembly. Another +regulation, however, adopted at the same time, still more explicitly +acknowledges the existence of a General Assembly as the governing body of +the fraternity. It is there provided, "that for the future, the said +fraternity of Freemasons shall be regulated and governed by one Grand +Master and as many Wardens as the said society shall think fit to appoint +at every Annual General Assembly." + +And thus the interests of the institution continued, until the beginning +of the eighteenth century, or for nearly eight hundred years, to be +entrusted to those General Assemblies of the fraternity, who, without +distinction of rank or office, annually met at York to legislate for the +government of the craft. + +But in 1717, a new organization of the governing head was adopted, which +gave birth to the establishment of a Grand Lodge, in the form in which +these bodies now exist. So important a period in the history of Masonry +demands our special attention. + +After the death, in 1702, of King William, who was himself a Mason, and a +great patron of the craft, the institution began to languish, the lodges +decreased in number, and the General Assembly was entirely neglected for +many years. A few old lodges continued, it is true, to meet regularly, but +they consisted of only a few members. + +At length, on the accession of George I., the Masons of London and its +vicinity determined to revive the annual communications of the society. +There were at that time only four lodges in the south of England, and the +members of these, with several old Brethren, met in February, 1717, at the +Apple Tree Tavern, in Charles street, Covent Garden, and organized by +putting the oldest Master Mason, who was the Master of a lodge, in the +chair; they then constituted themselves into what Anderson calls, "a Grand +Lodge _pro tempore;"_ resolved to hold the annual assembly and feast, and +then to choose a Grand Master. + +Accordingly, on the 24th of June, 1717, the assembly and feast were held; +and the oldest Master of a lodge being in the chair, a list of candidates +was presented, out of which Mr. Anthony Sayer was elected Grand Master, +and Capt. Joseph Elliott and Mr. Jacob Lamball, Grand Wardens. + +The Grand Master then commanded the Masters and Wardens of lodges to meet +the Grand Officers every quarter, in communication, at the place he should +appoint in his summons sent by the Tiler. + +This was, then, undoubtedly, the commencement of that organization of the +Masters and Wardens of lodges into a Grand Lodge, which has ever since +continued to exist. + +The fraternity at large, however, still continued to claim the right of +being present at the annual assembly; and, in fact, at that meeting, their +punctual attendance at the next annual assembly and feast was recommended. + +At the same meeting, it was resolved "that the privilege of assembling as +Masons, which had been hitherto unlimited, should be vested in certain +lodges or assemblies of Masons convened in certain places; and that every +lodge to be hereafter convened, except the four old lodges at this time +existing, should be legally authorized to act by a warrant from the Grand +Master for the time being, granted to certain individuals by petition, +with the consent and approbation of the Grand Lodge in communication; and +that, without such warrant, no lodge should be hereafter deemed regular or +constitutional." + +In consequence of this regulation, several new lodges received Warrants of +Constitution, and their Masters and Wardens were ordered to attend the +communications of the Grand Lodge. The Brethren at large vested all their +privileges in the four old lodges, in trust that they would never suffer +the old charges and landmarks to be infringed; and the old lodges, in +return, agreed that the Masters and Wardens of every new lodge that might +be constituted, should be permitted to share with them all the privileges +of the Grand Lodge, except precedence of rank. The Brethren, says Preston, +considered their further attendance at the meetings of the society +unnecessary after these regulations were adopted; and therefore trusted +implicitly to their Masters and Wardens for the government of the craft; +and thenceforward the Grand Lodge has been composed of all the Masters and +Wardens of the subordinate lodges which constitute the jurisdiction. + +The ancient right of the craft, however, to take a part in the proceedings +of the Grand Lodge or Annual Assembly, was fully acknowledged by a new +regulation, adopted about the same time, in which it is declared that all +alterations of the Constitutions must be proposed and agreed to, at the +third quarterly communication preceding the annual feast, and be offered +also to the perusal of _all_ the Brethren before dinner, _even of the +youngest Entered Apprentice_[6] + +This regulation has, however, (I know not by what right,) become obsolete, +and the Annual Assembly of Masons has long ceased to be held; the Grand +Lodges having, since the beginning of the eighteenth century, assumed the +form and organization which they still preserve, as strictly +representative bodies. + + + + +Chapter II. + +Of the Mode of Organizing Grand Lodges. + + + +The topic to be discussed in this section is, the answer to the question, +How shall a Grand Lodge be established in any state or country where such +a body has not previously existed, but where there are subordinate lodges +working under Warrants derived from Grand Lodges in other states? In +answering this question, it seems proper that I should advert to the +course pursued by the original Grand Lodge of England, at its +establishment in 1717, as from that body nearly all the Grand Lodges of +the York rite now in existence derive their authority, either directly or +indirectly, and the mode of its organization has, therefore, universally +been admitted to have been regular and legitimate. + +In the first place, it is essentially requisite that the active existence +of subordinate lodges in a state should precede the formation of a Grand +Lodge; for the former are the only legitimate sources of the latter. A +mass meeting of Masons cannot assemble and organize a Grand Lodge. A +certain number of lodges, holding legal warrants from a Grand Lodge or +from different Grand Lodges, must meet by their representatives and +proceed to the formation of a Grand Lodge. When that process has been +accomplished, the subordinate lodges return the warrants, under which they +had theretofore worked, to the Grand Lodges from which they had originally +received them, and take new ones from the body which they have formed. + +That a mass meeting of the fraternity of any state is incompetent to +organize a Grand Lodge has been definitively settled--not only by general +usage, but by the express action of the Grand Lodges of the United States +which refused to recognize, in 1842, the Grand Lodge of Michigan which had +been thus irregularly established in the preceding year. That unrecognized +body was then dissolved by the Brethren of Michigan, who proceeded to +establish four subordinate lodges under Warrants granted by the Grand +Lodge of New York. These four lodges subsequently met in convention and +organized the present Grand Lodge of Michigan in a regular manner. + +It seems, however, to have been settled in the case of Vermont, that where +a Grand Lodge has been dormant for many years, and all of its subordinates +extinct, yet if any of the Grand Officers, last elected, survive and are +present, they may revive the Grand Lodge and proceed constitutionally to +the exercise of its prerogatives. + +The next inquiry is, as to the number of lodges required to organize a new +Grand Lodge. Dalcho says that _five_ lodges are necessary; and in this +opinion he is supported by the Ahiman Rezon of Pennsylvania, published in +1783 by William Smith, D.D., at that time the Grand Secretary of that +jurisdiction, and also by some other authorities. But no such regulation +is to be found in the Book of Constitutions, which is now admitted to +contain the fundamental law of the institution. Indeed, its adoption would +have been a condemnation of the legality of the Mother Grand Lodge of +England, which was formed in 1717 by the union of only _four_ lodges. The +rule, however, is to be found in the Ahiman Rezon of Laurence Dermott, +which was adopted by the "Grand Lodge of Ancient Freemasons," that seceded +from the lawful Grand Lodge in 1738. But as that body was undoubtedly, +under our present views of masonic law, schismatic and illegal, its +regulations have never been considered by masonic writers as being +possessed of any authority. + +In the absence of any written law upon the subject, we are compelled to +look to precedent for authority; and, although the Grand Lodges in the +United States have seldom been established with a representation of less +than four lodges, the fact that that of Texas was organized in 1837 by the +representatives of only _three_ lodges, and that the Grand Lodge thus +instituted was at once recognized as legal and regular by all its sister +Grand Lodges, seems to settle the question that three subordinates are +sufficient to institute a Grand Lodge. + +Three lodges, therefore, in any territory where a Grand Lodge does not +already exist, may unite in convention and organize a Grand Lodge. It will +then be necessary, that these lodges should surrender the warrants under +which they had been previously working, and take out new warrants from the +Grand Lodge which they have constituted; and, from that time forth, all +masonic authority is vested in the Grand Lodge thus formed. + +The Grand Lodge having been thus constituted, the next inquiries that +suggest themselves are as to its members and its officers, each of which +questions will occupy a distinct discussion. + + + + +Chapter III. + +Of the Members of a Grand Lodge. + + + +It is an indisputable fact that the "General Assembly" which met at York +in 926 was composed of all the members of the fraternity who chose to +repair to it; and it is equally certain that, at the first Grand Lodge, +held in 1717, after the revival of Masonry, all the craft who were present +exercised the right of membership in voting for Grand Officers,[7] and +must, therefore, have been considered members of the Grand Lodge. The +right does not, however, appear to have been afterwards claimed. At this +very assembly, the Grand Master who had been elected, summoned only the +Master and Wardens of the lodges to meet him in the quarterly +communications; and Preston distinctly states, that soon after, the +Brethren of the four old lodges, which had constituted the Grand Lodge, +considered their attendance on the future communications of the society +unnecessary, and therefore concurred with the lodges which had been +subsequently warranted in delegating the power of representation to their +Masters and Wardens, "resting satisfied that no measure of importance +would be adopted without their approbation." + +Any doubts upon the subject were, however, soon put at rest by the +enactment of a positive law. In 1721, thirty-nine articles for the future +government of the craft were approved and confirmed, the twelfth of which +was in the following words: + +"The Grand Lodge consists of, and is formed by, the Masters and Wardens of +all the regular particular lodges upon record, with the Grand Master at +their head, and his Deputy on his left hand, and the Grand Wardens in +their proper places." + +From time to time, the number of these constituents of a Grand Lodge were +increased by the extension of the qualifications for membership. Thus, in +1724, Past Grand Masters, and in 1725, Past Deputy Grand Masters, were +admitted as members of the Grand Lodge. Finally it was decreed that the +Grand Lodge should consist of the four present and all past grand +officers; the Grand Treasurer, Secretary, and Sword-Bearer; the Master, +Wardens, and nine assistants of the Grand Stewards' lodge, and the Masters +and Wardens of all the regular lodges. + +Past Masters were not at first admitted as members of the Grand Lodge. +There is no recognition of them in the old Constitutions. Walworth thinks +it must have been after 1772 that they were introduced.[8] I have extended +my researches to some years beyond that period, without any success in +finding their recognition as members under the Constitution of England. It +is true that, in 1772, Dermott prefixed a note to his edition of the +Ahiman Rezon, in which he asserts that "Past Masters of warranted lodges +on record are allowed this privilege (of membership) whilst they continue +to be members of any regular lodge." And it is, doubtless, on this +imperfect authority, that the Grand Lodges of America began at so early a +period to admit their Past Masters to seats in the Grand Lodge. In the +authorized Book of Constitutions, we find no such provision. Indeed, +Preston records that in 1808, at the laying of the foundation-stone of the +Covent Garden Theatre, by the Prince of Wales, as Grand Master, "the Grand +Lodge was opened by Charles Marsh, Esq., attended by the _Masters and +Wardens_ of all the regular lodges;" and, throughout the description of +the ceremonies, no notice is taken of Past Masters as forming any part of +the Grand Lodge. The first notice that we have been enabled to obtain of +Past Masters, as forming any part of the Grand Lodge of England, is in the +"Articles of Union between the two Grand Lodges of England," adopted in +1813, which declare that the Grand Lodge shall consist of the Grand and +Past Grand Officers, of the actual Masters and Wardens of all the +warranted lodges, and of the "Past Masters of Lodges who have regularly +served and passed the chair before the day of Union, and who continued, +without secession, regular contributing members of a warranted lodge." But +it is provided, that after the decease of all these ancient Past Masters, +the representation of every lodge shall consist of its Master and Wardens, +and one Past Master only. There is, I presume, no doubt that, from 1772, +Past Masters had held a seat in the Athol Grand Lodge of Ancient Masons, +and that they did not in the original Grand Lodge, is, I believe, a fact +equally indisputable. By the present constitutions of the United Grand +Lodge of England, Past Masters are members of the Grand Lodge, while they +continue subscribing members of a private lodge. In some of the Grand +Lodges of the United States, Past Masters have been permitted to retain +their membership, while in others, they have been disfranchised. + +On the whole, the result of this inquiry seems to be, that Past Masters +have no inherent right, derived from the ancient landmarks, to a seat in +the Grand Lodge; but as every Grand Lodge has the power, within certain +limits, to make regulations for its own government, it may or may not +admit them to membership, according to its own notion of expediency. + +Some of the Grand Lodges have not only disfranchised Past Masters but +Wardens also, and restricted membership only to acting Masters. This +innovation has arisen from the fact that the payment of mileage and +expenses to three representative would entail a heavy burden on the +revenue of the Grand Lodge. The reason may have been imperative; but in +the practice, pecuniary expediency has been made to override an ancient +usage. + +In determining, then, who are the constitutional members of a Grand Lodge, +deriving their membership from inherent right, I should say that they are +the Masters and Wardens of all regular lodges in the jurisdiction, with +the Grand Officers chosen by them. All others, who by local regulations +are made members, are so only by courtesy, and not by prescription or +ancient law. + + + + +Chapter IV. + +Of the Officers of a Grand Lodge. + + + +The officers of a Grand Lodge may be divided into two classes, _essential_ +and _accidental_, or, as they are more usually called, _Grand_ and +_Subordinate_. The former of these classes are, as the name imports, +essential to the composition of a Grand Lodge, and are to be found in +every jurisdiction, having existed from the earliest times. They are the +Grand and Deputy Grand Masters, the Grand Wardens, Grand Treasurer, and +Grand Secretary. The Grand Chaplain is also enumerated among the Grand +Officers, but the office is of comparatively modern date. + +The subordinate officers of a Grand Lodge consist of the Deacons, Marshal, +Pursuivant, or Sword-Bearer, Stewards, and others, whose titles and duties +vary in different jurisdictions. I shall devote a separate section to the +consideration of the duties of each and prerogatives of these officers. + + + +Section I. + +_Of the Grand Master._ + + +The office of Grand Master of Masons has existed from the very origin of +the institution; for it has always been necessary that the fraternity +should have a presiding head. There have been periods in the history of +the institution when neither Deputies nor Grand Wardens are mentioned, but +there is no time in its existence when it was without a Grand Master; and +hence Preston, while speaking of that remote era in which the fraternity +was governed by a General Assembly, says that this General Assembly or +Grand Lodge "was not then restricted, as it is now understood to be, to +the Masters and Wardens of private lodges, with the Grand Master and his +Wardens at their head; it consisted of as many of the Fraternity _at +large_ as, being within a convenient distance, could attend, once or twice +in a year, under the auspices of one general head, who was elected and +installed at one of these meetings; and who for the time being received +homage as the sole governor of the whole body."[9] The office is one of +great honour as well as power, and has generally been conferred upon some +individual distinguished by an influential position in society; so that +his rank and character might reflect credit upon the craft.[10] + +The Grand Mastership is an elective office, the election being annual and +accompanied with impressive ceremonies of proclamation and homage made to +him by the whole craft. Uniform usage, as well as the explicit declaration +of the General Regulations,[11] seems to require that he should be +installed by the last Grand Master. But in his absence the Deputy or some +Past Grand Master may exercise the functions of installation or +investiture. In the organization of a new Grand Lodge, ancient precedent +and the necessity of the thing will authorize the performance of the +installation by the Master of the oldest lodge present, who, however, +exercises, _pro hac vice_, the prerogatives and assumes the place of a +Grand Master. + +The Grand Master possesses a great variety of prerogatives, some of which +are derived from the "lex non scripta," or ancient usage; and others from +the written or statute law of Masonry.[12] + +I. He has the right to convene the Grand Lodge whenever he pleases, and to +preside over its deliberation. In the decision of all questions by the +Grand Lodge he is entitled to two votes. This is a privilege secured to +him by Article XII. of the General Regulations. + +It seems now to be settled, by ancient usage as well as the expressed +opinion of the generality of Grand Lodges and of masonic writers, that +there is no appeal from his decision. In June, 1849, the Grand Master of +New York, Bro. Williard, declared an appeal to be out of order and refused +to submit it to the Grand Lodge. The proceedings on that eventful occasion +have been freely discussed by the Grand Lodges of the United States, and +none of them have condemned the act of the Grand Master, while several +have sustained it in express terms. "An appeal," say the Committee of +Correspondence of Maryland, "from the decision of the Grand Master is an +anomaly at war with every principle of Freemasonry, and as such, not for +a moment to be tolerated or countenanced."[13] This opinion is also +sustained by the Committee of the Grand Lodge of Florida in the year 1851, +and at various times by other Grand Lodges. On the other hand, several +Grand Lodges have made decisions adverse to this prerogative, and the +present regulations of the Grand Lodge of England seem, by a fair +interpretation of their phraseology, to admit of an appeal from the Grand +Master. Still the general opinion of the craft in this country appears to +sustain the doctrine, that no appeal can be made from the decision of that +officer. And this doctrine has derived much support in the way of analogy +from the report adopted by the General Grand Chapter of the United States, +declaring that no appeal could lie from the decision of the presiding +officer of any Royal Arch body. + +Since we have enunciated this doctrine as masonic law, the question next +arises, in what manner shall the Grand Master be punished, should he abuse +his great prerogative? The answer to this question admits of no doubt. It +is to be found in a regulation, adopted in 1721, by the Grand Lodge of +England, and is in these words:--"If the Grand Master should abuse his +great power, and render himself unworthy of the obedience and submission +of the Lodges, he shall be treated in a way and manner to be agreed upon +in a new regulation." But the same series of regulations very explicitly +prescribe, how this new regulation is to be made; namely, it is to be +"proposed and agreed to at the third quarterly communication preceding the +annual Grand Feast, and offered to the perusal of all the Brethren before +dinner, in writing, even of the youngest entered apprentice; the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory."[14] This +mode of making a new regulation is explicitly and positively +prescribed--it can be done in no other way--and those who accept the old +regulations as the law of Masonry, must accept this provision with them. +This will, in the present organization of many Grand Lodges, render it +almost impracticable to make such a new regulation, in which case the +Grand Master must remain exempt from other punishment for his misdeeds, +than that which arises from his own conscience, and the loss of his +Brethren's regard and esteem. + +II. The power of granting dispensations is one of the most important +prerogatives of the Grand Master. A dispensation may be defined to be an +exemption from the observance of some law or the performance of some duty. +In Masonry, no one has the authority to grant this exemption, except the +Grand Master; and, although the exercise of it is limited within the +observance of the ancient landmarks, the operation of the prerogative is +still very extensive. The dispensing power may be exercised under the +following circumstances: + +1. The fourth old Regulation prescribes that "no lodge shall make more +than five new Brothers at one and the same time without an urgent +necessity."[15] But of this necessity the Grand Master may judge, and, on +good and sufficient reason being shown, he may grant a dispensation +enabling any lodge to suspend this regulation and make more than five new +Brothers. + +2. The next regulation prescribes "that no one can be accepted a member of +a particular lodge without previous notice, one month before given to the +lodge, in order to make due inquiry into the reputation and capacity of +the candidate." But here, also, it is held that, in a suitable case of +emergency, the Grand Master may exercise his prerogative and dispense with +this probation of one month, permitting the candidate to be made on the +night of his application. + +3. If a lodge should have omitted for any causes to elect its officers or +any of them on the constitutional night of election, or if any officer so +elected shall have died, been deposed or removed from the jurisdiction +subsequent to his election, the Grand Master may issue a dispensation +empowering the lodge to proceed to an election or to fill the vacancy at +any other specified communication; but he cannot grant a dispensation to +elect a new master in consequence of the death or removal of the old one, +while the two Wardens or either of them remain--because the Wardens +succeed by inherent right and in order of seniority to the vacant +mastership. And, indeed, it is held that while one of the three officers +remains, no election can be held, even by dispensation, to fill the other +two places, though vacancies in them may have occurred by death or +removal. + +4. The Grand Master may grant a dispensation empowering a lodge to elect +a Master from among the members on the floor; but this must be done only +when every Past Master, Warden, and Past Warden of the lodge has refused +to serve,[16] because ordinarily a requisite qualification for the +Mastership is, that the candidate shall, previously, have served in the +office of Warden. + +5. In the year 1723 a regulation was adopted, prescribing "that no Brother +should belong to more than one lodge within the bills of mortality." +Interpreting the last expression to mean three miles--which is now +supposed to be the geographical limit of a lodge's jurisdiction, this +regulation may still be considered as a part of the law of Masonry; but in +some Grand Lodges, as that of South Carolina, for instance, the Grand +Master will sometimes exercise his prerogative, and, dispensing with this +regulation, permit a Brother to belong to two lodges, although they may be +within three miles of each other. + +6. But the most important power of the Grand Master connected with his +dispensing prerogative is, that of constituting new lodges. It has +already been remarked that, anciently, a warrant was not required for the +formation of a lodge, but that a sufficient number of Masons, met together +within a certain limit, were empowered, with the consent of the sheriff or +chief magistrate of the place, to make Masons and practice the rites of +Masonry, without such warrant of Constitution. But, in the year 1717, it +was adopted as a regulation, that every lodge, to be thereafter convened, +should be authorised to act by a warrant from the Grand Master for the +time being, granted to certain persons by petition, with the consent and +approbation of the Grand Lodge in communication. Ever since that time, no +lodge has been considered as legally established, unless it has been +constituted by the authority of the Grand Master. In the English +Constitutions, the instrument thus empowering a lodge to meet, is called, +when granted by the Grand Master, a Warrant of Constitution. It is granted +by the Grand Master and not by the Grand Lodge. It appears to be a final +instrument, notwithstanding the provision enacted in 1717, requiring the +consent and approbation of the Grand Lodge; for in the Constitution of the +United Grand Lodge of England, there is no allusion whatever to this +consent and approbation. + +But in this country, the process is somewhat different, and the Grand +Master is deprived of a portion of his prerogative. Here, the instrument +granted by the Grand Master is called a Dispensation. The lodge receiving +it is not admitted into the register of lodges, nor is it considered as +possessing any of the rights and privileges of a lodge, except that of +making Masons, until a Warrant of Constitution is granted by the Grand +Lodge. The ancient prerogative of the Grand Master is, however, preserved +in the fact, that after a lodge has been thus warranted by the Grand +Lodge, the ceremony of constituting it, which embraces its consecration +and the installation of its officers, can only be performed by the Grand +Master in person, or by his special Deputy appointed for that purpose.[17] + +III. The third prerogative of the Grand Master is that of visitation. He +has a right to visit any lodge within his jurisdiction at such times as he +pleases, and when there to preside; and it is the duty of the Master to +offer him the chair and his gavel, which the Grand Master may decline or +accept at his pleasure. This prerogative admits of no question, as it is +distinctly declared in the first of the Thirty-nine Regulations, adopted +in 1721, in the following words:-- + +"The Grand Master or Deputy has full authority and right, not only to be +present, but to preside in every lodge, with the Master of the lodge on +his left hand, and to order his Grand Wardens to attend him, who are not +to act as Wardens of particular lodges, but in his presence and at his +command; for the Grand Master, while in a particular lodge, may command +the Wardens of that lodge, or any other Master Masons, to act as his +Wardens, _pro tempore_." + +But in a subsequent regulation it was provided, that as the Grand Master +cannot deprive the Grand Wardens of that office without the consent of the +Grand Lodge, he should appoint no other persons to act as Wardens in his +visitation to a private lodge, unless the Grand Wardens were absent. This +whole regulation is still in existence. + +The question has been lately mooted, whether, if the Grand Master declines +to preside, he does not thereby place himself in the position of a +private Brother, and become subject, as all the others present, to the +control of the Worshipful Master. I answer, that of course he becomes +subject to and must of necessity respect those rules of order and decorum +which are obligatory on all good men and Masons; but that he cannot, by +the exercise of an act of courtesy in declining to preside, divest himself +of his prerogative, which, moreover, he may at any time during the evening +assume, and demand the gavel. The Grand Master of Masons can, under no +circumstances, become subject to the decrees and orders of the Master of a +particular lodge. + +IV. Another prerogative of the Grand Master is that of appointment; which, +however, in this country, has been much diminished. According to the old +regulations, and the custom is still continued in the Constitutions of the +Grand Lodge of England, the Grand Master has the right of appointing his +Deputy and Wardens. In the United States, the office has been shorn of +this high prerogative, and these Officers are elected by the Grand Lodge. +The Deputy, however, is still appointed by the Grand Master, in some of +the States, as Massachusetts, North Carolina, Wisconsin, and Texas. The +appointment of the principal subordinate officers, is also given to the +Grand Master by the American Grand Lodges. + +V. The last and most extraordinary power of the Grand Master, is that of +_making Masons at sight_. + +The power to "make Masons at sight" is a technical term, which may be +defined to be the power to initiate, pass, and raise candidates by the +Grand Master, in a lodge of emergency, or as it is called in the Book of +Constitutions, "an occasional lodge," especially convened by him, and +consisting of such Master Masons as he may call together for that purpose +only--the lodge ceasing to exist as soon as the initiation, passing, or +raising, has been accomplished and the Brethren have been dismissed by the +Grand Master. + +Whether such a power is vested in the Grand Master, is a question that, +within the last few years, has been agitated with much warmth, by some of +the Grand Lodges of this country; but I am not aware that, until very +lately, the prerogative was ever disputed.[18] + +In the Book of Constitutions, however, several instances are furnished of +the exercise of this right by various Grand Masters. + +In 1731, Lord Lovel being Grand Master, he "formed an occasional lodge at +Houghton Hall, Sir Robert Walpole's House in Norfolk," and there made the +Duke of Lorraine, afterwards Emperor of Germany, and the Duke of +Newcastle, Master Masons.[19] + +I do not quote the case of the initiation, passing, and raising of +Frederick, Prince of Wales, in 1737, which was done in "an occasional +lodge," over which Dr. Desaguliers presided,[20] because as Desaguliers +was not the Grand Master, nor even, as has been incorrectly stated by the +New York Committee of Correspondence, Deputy Grand Master, but only a Past +Grand Master, it cannot be called _a making at sight_. He most probably +acted under the dispensation of the Grand Master, who at that time was the +Earl of Darnley. + +But in 1766, Lord Blaney, who was then Grand Master, convened "an +occasional lodge" and initiated, passed, and raised the Duke of +Gloucester.[21] + +Again in 1767, John Salter, the Deputy, then acting as Grand Master, +convened "an occasional lodge," and conferred the three degrees on the +Duke of Cumberland.[22] + +In 1787, the Prince of Wales was made a Mason "at an occasional lodge, +convened," says Preston, "for the purpose, at the Star and Garter, Pall +Mall, over which the Duke of Cumberland, (Grand Master) presided in +person."[23] + +But it is unnecessary to multiply instances of the right, exercised by +former Grand Masters, of congregating occasional lodges, and making Masons +at sight. It has been said, however, by the oppugners of this prerogative, +that these "occasional lodges" were only special communications of the +Grand Lodge, and the "makings" are thus supposed to have taken place under +the authority of that body, and not of the Grand Master. The facts, +however, do not sustain this position. Throughout the Book of +Constitutions, other meetings, whether regular or special, are distinctly +recorded as meetings of the Grand Lodge, while these "occasional lodges" +appear only to have been convened by the Grand Master, for the purpose of +making Masons. Besides, in many instances, the lodge was held at a +different place from that of the Grand Lodge, and the officers were not, +with the exception of the Grand Master, the officers of the Grand Lodge. +Thus the occasional lodge, which initiated the Duke of Lorraine, was held +at the residence of Sir Robert Walpole, in Norfolk, while the Grand Lodge +always met in London. In 1766, the Grand Lodge held its communications at +the Crown and Anchor; but the occasional lodge, which, in the same year, +conferred the degrees on the Duke of Gloucester, was convened at the Horn +Tavern. In the following year, the lodge which initiated the Duke of +Cumberland was convened at the Thatched House Tavern, the Grand Lodge +continuing to meet at the Crown and Anchor. + +This may be considered very conclusive evidence of the existence of the +prerogative of the Grand Master, which we are now discussing, but the +argument _a fortiori_, drawn from his dispensing power, will tend to +confirm the doctrine. + +No one doubts or denies the power of the Grand Master to constitute new +lodges by dispensation. In 1741, the Grand Lodge of England forgot it for +a moment, and adopted a new regulation, that no new lodge should be +constituted until the consent of the Grand Lodge had been first obtained, +"But this order, afterwards appearing," says the Book of +Constitutions,[24] "to be an infringement on the prerogative of the Grand +Master, and to be attended with many inconveniences and with damage to the +craft, was repealed." + +It is, then, an undoubted prerogative of the Grand Master to constitute +lodges by dispensation, and in these lodges, so constituted, Masons may be +legally entered, passed, and raised. This is done every day. Seven Master +Masons, applying to the Grand Master, he grants them a dispensation, under +authority of which they proceed to open and hold a lodge, and to make +Masons. This lodge is, however, admitted to be the mere creature of the +Grand Master, for it is in his power, at any time, to revoke the +dispensation he had granted, and thus to dissolve the lodge. + +But, if the Grand Master has the power thus to enable others to confer the +degrees and make Masons by his individual authority out of his presence, +are we not permitted to argue _a fortiori_ that he has also the right of +congregating seven Brethren and causing a Mason, to be made in his sight? +Can he delegate a power to others which he does not himself possess? And +is his calling together "an occasional lodge," and making, with the +assistance of the Brethren thus assembled, a Mason "at sight," that is to +say, in his presence, anything more or less than the exercise of his +dispensing power, for the establishment of a lodge under dispensation, for +a temporary period, and for a special purpose. The purpose having been +effected, and the Mason having been made, he revokes his dispensation, and +the lodge is dismissed. If we assumed any other ground than this, we +should be compelled to say, that though the Grand Master might authorise +others to make Masons, when he was absent, as in the usual case of lodges +under dispensation yet the instant that he attempted to convey the same +powers to be exercised in his presence, and under his personal +supervision, his authority would cease. This course of reasoning would +necessarily lead to a contradiction in terms, if not to an actual +absurdity. + +It is proper to state, in conclusion, that the views here set forth are +not entertained by the very able Committee of Foreign Correspondence of +the Grand Lodge of Florida, who only admit the power of the Grand Master +to make Masons in the Grand Lodge. On the other hand, the Grand Lodge of +Wisconsin, at its last communication, adopted a report, asserting "that +the Grand Master has the right to make Masons at sight, in cases which he +may deem proper"--and the Committee of Correspondence of New York +declares, that "since the time when the memory of man runneth not to the +contrary, Grand Masters have enjoyed the privilege of making Masons at +sight, without any preliminaries, and at any suitable time or place." + +The opinions of the two last quoted Grand Lodges embody the general +sentiment of the Craft on this subject.[25] But although the prerogative +is thus almost universally ceded to Grand Masters, there are many very +reasonable doubts as to the expediency of its exercise, except under +extraordinary circumstances of emergency. + +In England, the practice has generally been confined to the making of +Princes of the Royal Family, who, for reasons of state, were unwilling to +reduce themselves to the level of ordinary candidates and receive their +initiation publicly in a subordinate lodge. + +But in the exercise of this prerogative, the Grand Master cannot dispense +with any of the requisite forms of initiation, prescribed by the oral laws +of the Order. He cannot communicate the degrees, but must adhere to all +the established ceremonies--the conferring of degrees by "communication" +being a form unknown to the York rite. He must be assisted by the number +of Brethren necessary to open and hold a lodge. Due inquiry must be made +into the candidate's character, (though the Grand Master may, as in a case +of emergency, dispense with the usual probation of a month). He cannot +interfere with the business of a regular lodge, by making one whom it had +rejected, nor finishing one which it had commenced. Nor can he confer the +three degrees, at one and the same communication. In short, he must, in +making Masons at sight, conform to the ancient usages and landmarks of the +Order. + + + +Section II. + +_The Deputy Grand Master._ + + +The office of Deputy Grand Master is one of great dignity, but not of much +practical importance, except in case of the absence of the Grand Master, +when he assumes all the prerogatives of that officer. Neither is the +office, comparatively speaking, of a very ancient date. At the first +reorganization of the Grand Lodge in 1717, and for two or three years +afterwards, no Deputy was appointed, and it was not until 1721 that the +Duke of Montagu conferred the dignity on Dr. Beal. Originally the Deputy +was intended to relieve the Grand Master of all the burden and pressure of +business, and the 36th of the Regulations, adopted in 1721, states that "a +Deputy is said to have been always needful when the Grand Master was nobly +born," because it was considered as a derogation from the dignity of a +nobleman to enter upon the ordinary business of the craft. Hence we find, +among the General Regulations, one which sets forth this principle in the +following words: + +"The Grand Master should not receive any private intimations of business, +concerning Masons and Masonry, but from his Deputy first, except in such +cases as his worship can easily judge of; and if the application to the +Grand Master be irregular, his worship can order the Grand Wardens, or any +other so applying, to wait upon the Deputy, who is immediately to prepare +the business, and to lay it orderly before his worship." + +The Deputy Grand Master exercises, in the absence of the Grand Master, all +the prerogatives and performs all the duties of that officer. But he does +so, not by virtue of any new office that he has acquired by such absence, +but simply in the name of and as the representative of the Grand Master, +from whom alone he derives all his authority. Such is the doctrine +sustained in all the precedents recorded in the Book of Constitutions. + +In the presence of the Grand Master, the office of Deputy is merely one of +honour, without the necessity of performing any duties, and without the +power of exercising any prerogatives. + +There cannot be more than one Deputy Grand Master in a jurisdiction; so +that the appointment of a greater number, as is the case in some of the +States, is a manifest innovation on the ancient usages. District Deputy +Grand Masters, which officers are also a modern invention of this +country, seem to take the place in some degree of the Provincial Grand +Masters of England, but they are not invested with the same prerogatives. +The office is one of local origin, and its powers and duties are +prescribed by the local regulations of the Grand Lodge which may have +established it. + + + +Section III. + +_Of the Grand Wardens._ + + +The Senior and Junior Grand Wardens were originally appointed, like the +Deputy, by the Grand Master, and are still so appointed in England; but in +this country they are universally elected by the Grand Lodge. Their duties +do not materially differ from those performed by the corresponding +officers in a subordinate lodge. They accompany the Grand Master in his +visitations, and assume the stations of the Wardens of the lodge visited. + +According to the regulations of 1721, the Master of the oldest lodge +present was directed to take the chair of the Grand Lodge in the absence +of both the Grand Master and Deputy; but this was found to be an +interference with the rights of the Grand Wardens, and it was therefore +subsequently declared that, in the absence of the Grand Master and Deputy, +the last former Grand Master or Deputy should preside. But if no Past +Grand or Past Deputy Grand Master should be present, then the Senior Grand +Warden was to fill the chair, and, in his absence, the Junior Grand +Warden, and lastly, in absence of both these, then the oldest +Freemason[26] who is the present Master of a lodge. In this country, +however, most of the Grand Lodges have altered this regulation, and the +Wardens succeed according to seniority to the chair of the absent Grand +Master and Deputy, in preference to any Past Grand Officer. + + + +Section IV. + +_Of the Grand Treasurer._ + + +The office of Grand Treasurer was first established in 1724, in +consequence of a report of the Committee of Charity of the Grand Lodge of +England. But no one was found to hold the trust until the 24th of June, +1727, when, at the request of the Grand Master, the appointment was +accepted by Nathaniel Blackerby, Deputy Grand Master. The duties of the +office do not at all differ from those of a corresponding one in every +other society; but as the trust is an important one in a pecuniary view, +it has generally been deemed prudent that it should only be committed to +"a brother of good worldly substance," whose ample means would place him +beyond the chances of temptation. + +The office of Grand Treasurer has this peculiarity, that while all the +other officers below the Grand Master were originally, and still are in +England, appointed, that alone was always elective. + + + +Section V. + +_Of the Grand Secretary._ + + +This is one of the most important offices in the Grand Lodge, and should +always be occupied by a Brother of intelligence and education, whose +abilities may reflect honor on the institution of which he is the +accredited public organ. The office was established in the year 1723, +during the Grand Mastership of the Duke of Wharton, previous to which +time the duties appear to have been discharged by the Grand Wardens. + +The Grand Secretary not only records the proceedings of the Grand Lodge, +but conducts its correspondence, and is the medium through whom all +applications on masonic subjects are to be made to the Grand Master, or +the Grand Lodge. + +According to the regulations of the Grand Lodges of England, New York and +South Carolina, the Grand Secretary may appoint an assistant, who is not, +however, by virtue of such appointment, a member of the Grand Lodge. The +same privilege is also extended in South Carolina to the Grand Treasurer. + + + +Section VI. + +_Of the Grand Chaplain._ + + +This is the last of the Grand Offices that was established, having been +instituted on the 1st of May, in the year 1775. The duties are confined to +the reading of prayers, and other sacred portions of the ritual, in +consecrations, dedications, funeral services, etc. The office confers no +masonic authority at all, except that of a seat and a vote in the Grand +Lodge. + + + +Section VII. + +_Of the Grand Deacons._ + + +But little need be said of the Grand Deacons. Their duties correspond to +those of the same officers in subordinate lodges. The office of the +Deacons, even in a subordinate lodge, is of comparatively modern +institution. Dr. Oliver remarks that they are not mentioned in any of the +early Constitutions of Masonry, nor even so late as 1797, when Stephen +Jones wrote his "Masonic Miscellanies," and he thinks it "satisfactorily +proved that Deacons were not considered necessary, in working the business +of a lodge, before the very latter end of the eighteenth century."[27] + +But although the Deacons are not mentioned in the various works published +previous to that period, which are quoted by Dr. Oliver, it is +nevertheless certain that the office existed at a time much earlier than +that which he supposes. In a work in my possession, and which is now lying +before me, entitled "Every Young Man's Companion, etc., by W. Gordon, +Teacher of the Mathematics," sixth edition printed at London, in 1777, +there is a section, extending from page 413 to page 426, which is +dedicated to the subject of Freemasonry and to a description of the +working of a subordinate lodge. Here the Senior and Junior Deacons are +enumerated among the officers, their exact positions described and their +duties detailed, differing in no respect from the explanations of our own +ritual at the present day. The positive testimony of this book must of +course outweigh the negative testimony of the authorities quoted by +Oliver, and shows the existence in England of Deacons in the year 1777 at +least. + +It is also certain that the office of Deacon claims an earlier origin in +America than the "very latter end of the eighteenth century;" and, as an +evidence of this, it may be stated that, in the "Ahiman Rezon" of +Pennsylvania, published in 1783, the Grand Deacons are named among the +officers of the Grand Lodge, "as particular assistants to the Grand +Master and Senior Warden, in conducting the business of the Lodge." They +are to be found in all Grand Lodges of the York Rite, and are usually +appointed, the Senior by the Grand Master, and the Junior by the Senior +Grand Warden. + + + +Section VIII. + +_Of the Grand Marshal._ + + +The _Grand Marshal_, as an officer of convenience, existed from an early +period. We find him mentioned in the procession of the Grand Lodge, made +in 1731, where he is described as carrying "a truncheon, blue, tipped with +gold," insignia which he still retains. He takes no part in the usual work +of the Lodge; but his duties are confined to the proclamation of the Grand +Officers at their installation, and to the arrangement and superintendence +of public processions. + +The Grand Marshal is usually appointed by the Grand Master. + + + +Section IX. + +_Of the Grand Stewards._ + + +The first mention that is made of Stewards is in the Old Regulations, +adopted in 1721. Previous to that time, the arrangements of the Grand +Feast were placed in the hands of the Grand Wardens; and it was to relieve +them of this labor that the regulation was adopted, authorizing the Grand +Master, or his Deputy, to appoint a certain number of Stewards, who were +to act in concert with the Grand Wardens. In 1728, it was ordered that the +number of Stewards to be appointed should be twelve. In 1731, a regulation +was adopted, permitting the Grand Stewards to appoint their successors. +And, in 1735, the Grand Lodge ordered, that, "in consideration of their +past service and future usefulness," they should be constituted a Lodge of +Masters, to be called the Stewards' Lodge, which should have a registry in +the Grand Lodge list, and exercise the privilege of sending twelve +representatives. This was the origin of that body now known in the +Constitutions of the Grand Lodges of England and New York,[28] as the +Grand Stewards' Lodge, although it has been very extensively modified in +its organization. In New York, it is now no more than a Standing Committee +of the Grand Lodge; and in England, although it is regularly constituted, +as a Lodge of Master Masons, it is by a special regulation deprived of all +power of entering, passing, or raising Masons. In other jurisdictions, the +office of Grand Stewards is still preserved, but their functions are +confined to their original purpose of preparing and superintending the +Grand Feast. + +The appointment of the Grand Stewards should be most appropriately vested +in the Junior Grand Warden. + + + +Section X. + +_Of the Grand Sword-Bearer._ + + +_Grand Sword-Bearer._--It was an ancient feudal custom, that all great +dignitaries should have a sword of state borne before them, as the +insignia of their dignity. This usage has to this day been preserved in +the Masonic Institution, and the Grand Master's sword of state is still +borne in all public processions by an officer specially appointed for that +purpose. Some years after the reorganization of the Grand Lodge of +England, the sword was borne by the Master of the Lodge to which it +belonged; but, in 1730, the Duke of Norfolk, being then Grand Master, +presented to the Grand Lodge the sword of Gustavus Adolphus, King of +Sweden, which had afterwards been used in war by Bernard, Duke of Saxe +Weimar, and which the Grand Master directed should thereafter be adopted +as his sword of state. In consequence of this donation, the office of +Grand Sword-Bearer was instituted in the following year. The office is +still retained; but some Grand Lodges have changed the name to that of +_Grand Pursuivant_. + + + +Section XI. + +_Of the Grand Tiler._ + + +It is evident from the Constitutions of Masonry, as well as from the +peculiar character of the institution, that the office of Grand Tiler must +have existed from the very first organization of a Grand Lodge. As, from +the nature of the duties that he has to perform, the Grand Tiler is +necessarily excluded from partaking of the discussions, or witnessing the +proceedings of the Grand Lodge, it has very generally been determined, +from a principle of expediency, that he shall not be a member of the Grand +Lodge during the term of his office. + +The Grand Tiler is sometimes elected by the Grand Lodge, and sometimes +appointed by the Grand Master. + + + + +Chapter V. + +Of the Powers and Prerogatives of a Grand Lodge. + + + +Section I. + +_General View._ + + +The necessary and usual officers of a Grand Lodge having been described, +the rights, powers, and prerogatives of such a body is the next subject of +our inquiry. + +The foundation-stone, upon which the whole superstructure of masonic +authority in the Grand Lodge is built, is to be found in that conditional +clause annexed to the thirty-eight articles, adopted in 1721 by the Masons +of England, and which is in these words: + +"Every annual Grand Lodge has an inherent power and authority to make new +regulations, or to alter these for the real benefit of this ancient +fraternity; PROVIDED ALWAYS THAT THE OLD LANDMARKS BE CAREFULLY +PRESERVED; and that such alterations and new regulations be proposed and +agreed to at the third quarterly communication preceding the annual Grand +Feast; and that they be offered also to the perusal of all the Brethren +before dinner, in writing, even of the youngest Entered Apprentice: the +approbation and consent of the majority of all the Brethren present being +absolutely necessary, to make the same binding and obligatory." + +The expression which is put in capitals--"provided always that the old +landmarks be carefully preserved"--is the limiting clause which must be +steadily borne in mind, whenever we attempt to enumerate the powers of a +Grand Lodge. It must never be forgotten (in the words of another +regulation, adopted in 1723, and incorporated in the ritual of +installation), that "it is not in the power of any man, or body of men, to +make any alteration or innovation in the body of Masonry." + +"With these views to limit us, the powers of a Grand Lodge may be +enumerated in the language which has been adopted in the modern +constitutions of England, and which seem to us, after a careful +comparison, to be as comprehensive and correct as any that we have been +able to examine. This enumeration is in the following language: + +"In the Grand Lodge, alone, resides the power of enacting laws and +regulations for the permanent government of the craft, and of altering, +repealing, and abrogating them, always taking care that the ancient +landmarks of the order are preserved. The Grand Lodge has also the +inherent power of investigating, regulating, and deciding all matters +relative to the craft, or to particular lodges, or to individual Brothers, +which it may exercise either of itself, or by such delegated authority, as +in its wisdom and discretion it may appoint; but in the Grand Lodge alone +resides the power of erasing lodges, and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate authority +in England." + +In this enumeration we discover the existence of three distinct classes of +powers:--1, a legislative power; 2, a judicial power; and 3, an executive +power. Each of these will occupy a separate section. + + + +Section II. + +_Of the Legislative Power of a Grand Lodge._ + + +In the passage already quoted from the Constitutions of the Grand Lodge of +England it is said, "in the Grand Lodge, alone, resides the power of +enacting laws and regulations for the government of the craft, and of +altering, repealing, and abrogating them." General regulations for the +government of the whole craft throughout the world can no longer be +enacted by a Grand Lodge. The multiplication of these bodies, since the +year 1717, has so divided the supremacy that no regulation now enacted can +have the force and authority of those adopted by the Grand Lodge of +England in 1721, and which now constitute a part of the fundamental law of +Masonry, and as such are unchangeable by any modern Grand Lodge. + +Any Grand Lodge may, however, enact local laws for the direction of its +own special affairs, and has also the prerogative of enacting the +regulations which are to govern all its subordinates and the craft +generally in its own jurisdiction. From this legislative power, which +belongs exclusively to the Grand Lodge, it follows that no subordinate +lodge can make any new bye-laws, nor alter its old ones, without the +approval and confirmation of the Grand Lodge. Hence, the rules and +regulations of every lodge are inoperative until they are submitted to and +approved by the Grand Lodge. The confirmation of that body is the enacting +clause; and, therefore, strictly speaking, it may be said that the +subordinates only propose the bye-laws, and the Grand Lodge enacts them. + + + +Section III. + +_Of the Judicial Power of a Grand Lodge._ + + +The passage already quoted from the English Constitutions continues to +say, that "the Grand Lodge has the inherent power of investigating, +regulating and deciding all matters relative to the craft, or to +particular lodges, or to individual Brothers, which it may exercise, +either of itself, or by such delegated authority as in its wisdom and +discretion it may appoint." Under the first clause of this section, the +Grand Lodge is constituted as the Supreme Masonic Tribunal of its +jurisdiction. But as it would be impossible for that body to investigate +every masonic offense that occurs within its territorial limits, with that +full and considerate attention that the principles of justice require, it +has, under the latter clause of the section, delegated this duty, in +general, to the subordinate lodges, who are to act as its committees, and +to report the results of their inquiry for its final disposition. From +this course of action has risen the erroneous opinion of some persons, +that the jurisdiction of the Grand Lodge is only appellate in its +character. Such is not the case. The Grand Lodge possesses an original +jurisdiction over all causes occurring within its limits. It is only for +expediency that it remits the examination of the merits of any case to a +subordinate lodge as a _quasi_ committee. It may, if it thinks proper, +commence the investigation of any matter concerning either a lodge, or an +individual brother within its own bosom, and whenever an appeal from the +decision of a lodge is made, which, in reality, is only a dissent from the +report of the lodge, the Grand Lodge does actually recommence the +investigation _de novo_, and, taking the matter out of the lodge, to whom +by its general usage it had been primarily referred, it places it in the +hands of another committee of its own body for a new report. The course of +action is, it is true, similar to that in law, of an appeal from an +inferior to a superior tribunal. But the principle is different. The Grand +Lodge simply confirms or rejects the report that has been made to it, and +it may do that without any appeal having been entered. It may, in fact, +dispense with the necessity of an investigation by and report from a +subordinate lodge altogether, and undertake the trial itself from the +very inception. But this, though a constitutional, is an unusual course. +The subordinate lodge is the instrument which the Grand Lodge employs in +considering the investigation. It may or it may not make use of the +instrument, as it pleases. + + + +Section IV. + +_Of the Executive Power of a Grand Lodge._ + + +The English Constitutions conclude, in the passage that has formed the +basis of our previous remarks, by asserting that "in the Grand Lodge, +alone, resides the power of erasing lodges and expelling Brethren from the +craft, a power which it ought not to delegate to any subordinate +authority." The power of the Grand Lodge to erase lodges is accompanied +with a coincident power of constituting new lodges. This power it +originally shared with the Grand Master, and still does in England; but in +this country the power of the Grand Lodge is paramount to that of the +Grand Master. The latter can only constitute lodges temporarily, by +dispensation, and his act must be confirmed, or may be annulled by the +Grand Lodge. It is not until a lodge has received its Warrant of +Constitution from the Grand Lodge, that it can assume the rank and +exercise the prerogatives of a regular and legal lodge. + +The expelling power is one that is very properly intrusted to the Grand +Lodge, which is the only tribunal that should impose a penalty affecting +the relations of the punished party with the whole fraternity. Some of the +lodges in this country have claimed the right to expel independently of +the action of the Grand Lodge. But the claim is founded on an erroneous +assumption of powers that have never existed, and which are not recognized +by the ancient constitutions, nor the general usages of the fraternity. A +subordinate lodge tries its delinquent member, under the provisions which +have already been stated, and, according to the general usage of lodges in +the United States, declares him expelled. But the sentence is of no force +nor effect until it has been confirmed by the Grand Lodge, which may, or +may not, give the required confirmation, and which, indeed, often refuses +to do so, but actually reverses the sentence. It is apparent, from the +views already expressed on the judicial powers of the Grand Lodge, that +the sentence of expulsion uttered by the subordinate is to be taken in +the sense of a recommendatory report, and that it is the confirmation and +adoption of that report by the Grand Lodge that alone gives it vitality +and effect. + +The expelling power presumes, of course, coincidently, the reinstating +power. As the Grand Lodge alone can expel, it also alone can reinstate. + +These constitute the general powers and prerogatives of a Grand Lodge. Of +course there are other local powers, assumed by various Grand Lodges, and +differing in the several jurisdictions, but they are all derived from some +one of the three classes that we have enumerated. From these views, it +will appear that a Grand Lodge is the supreme legislative, judicial, and +executive authority of the Masonic jurisdiction in which it is situated. +It is, to use a feudal term, "the lord paramount" in Masonry. It is a +representative body, in which, however, it constituents have delegated +everything and reserved no rights to themselves. Its authority is almost +unlimited, for it is restrained by but a single check:--_It cannot alter +or remove the ancient landmarks_. + + + + + +Book Second + +Laws of Subordinate Lodges. + + + +Having thus succinctly treated of the law in relation to Grand Lodges, I +come next in order to consider the law as it respects the organization, +rights, powers, and privileges of subordinate Lodges; and the first +question that will engage our attention will be, as to the proper method +of organizing a Lodge. + + + + +Chapter I. + +Of the Nature and Organization of Subordinate Lodges. + + + +The old charges define a Lodge to be "a place where Masons assemble and +work;" and also "that assembly, or duly organized society of Masons." The +lecture on the first degree gives a still more precise definition. It says +that "a lodge is an assemblage of Masons, duly congregated, having the +Holy Bible, square, and compasses, and a charter, or warrant of +constitution, empowering them to work." + +Every lodge of Masons requires for its proper organization, that it should +have been congregated by the permission of some superior authority, which +may be either a Grand Master or a Grand Lodge. When a lodge is organized +by the authority of a Grand Master, it is said to work under a +Dispensation, and when by the authority of a Grand Lodge, it is said to +work under a warrant of constitution. In the history of a lodge, the +former authority generally precedes the latter, the lodge usually working +for some time under the dispensation of the Grand Master, before it is +regularly warranted by the Grand Lodge. But this is not necessarily the +case. A Grand Lodge will sometimes grant a warrant of constitution at +once, without the previous exercise, on the part of the Grand Master, of +his dispensing power. As it is, however, more usually the practice for the +dispensation to precede the warrant of constitution, I shall explain the +formation of a lodge according to that method. + +Any number of Master Masons, not under seven, being desirous of uniting +themselves into a lodge, apply by petition to the Grand Master for the +necessary authority. This petition must set forth that they now are, or +have been, members of a regularly constituted lodge, and must assign, as a +reason for their application, that they desire to form the lodge "for the +conveniency of their respective dwellings," or some other sufficient +reason. The petition must also name the brethren whom they desire to act +as their Master and Wardens, and the place where they intend to meet; and +it must be recommended by the nearest lodge. + +Dalcho says that not less than three Master Masons should sign the +petition; but in this he differs from all the other authorities, which +require not less than seven. This rule, too, seems to be founded in +reason; for, as it requires seven Masons to constitute a quorum for +opening and holding a lodge of Entered Apprentices, it would be absurd to +authorize a smaller number to organize a lodge which, after its +organization, could not be opened, nor make Masons in that degree. + +Preston says that the petition must be recommended "by the Masters of +three regular lodges adjacent to the place where the new lodge is to be +held." Dalcho says it must be recommended "by three other known and +approved Master Masons," but does not make any allusion to any adjacent +lodge. The laws and regulations of the Grand Lodge of Scotland require the +recommendation to be signed "by the Masters and officers of two of the +nearest lodges." The Constitutions of the Grand Lodge of England require +that it must be recommended "by the officers of some regular lodge." The +recommendation of a neighboring lodge is the general usage of the craft, +and is intended to certify to the superior authority, on the very best +evidence that can be obtained, that, namely, of an adjacent lodge, that +the new lodge will be productive of no injury to the Order. + +If this petition be granted, the Grand Secretary prepares a document +called a _dispensation_, which authorizes the officers named in the +petition to open and hold a lodge, and to "enter, pass, and raise +Freemasons." The duration of this dispensasation is generally expressed on +its face to be, "until it shall be revoked by the Grand Master or the +Grand Lodge, or until a warrant of constitution is granted by the Grand +Lodge." Preston says, that the Brethren named in it are authorized "to +assemble as Masons for forty days, and until such time as a warrant of +constitution can be obtained by command of the Grand Lodge, or that +authority be recalled." But generally, usage continues the dispensation +only until the next meeting of the Grand Lodge, when it is either revoked, +or a warrant of constitution granted. + +If the dispensation be revoked by either the Grand Master or the Grand +Lodge (for either has the power to do so), the lodge of course at once +ceases to exist. Whatever funds or property it has accumulated revert, as +in the case of all extinct lodges, to the Grand Lodge, which may be called +the natural heir of its subordinates; but all the work done in the lodge, +under the dispensation, is regular and legal, and all the Masons made by +it are, in every sense of the term, "true and lawful Brethren." + +Let it be supposed, however, that the dispensation is confirmed or +approved by the Grand Lodge, and we thus arrive at another step in the +history of the new lodge. At the next sitting of the Grand Lodge, after +the dispensation has been issued by the Grand Master, he states that fact +to the Grand Lodge, when, either at his request, or on motion of some +Brother, the vote is taken on the question of constituting the new lodge, +and, if a majority are in favor of it, the Grand Secretary is ordered to +grant a warrant of constitution. + +This instrument differs from a dispensation in many important particulars. +It is signed by all the Grand Officers, and emanates from the Grand Lodge, +while the dispensation emanates from the office of the Grand Master, and +is signed by him alone. The authority of the dispensation is temporary, +that of the warrant permanent; the one can be revoked at pleasure by the +Grand Master, who granted it; the other only for cause shown, and by the +Grand Lodge; the one bestows only a name, the other both a name and a +number; the one confers only the power of holding a lodge and making +Masons, the other not only confers these powers, but also those of +installation and of succession in office. From these differences in the +characters of the two documents, arise important differences in the powers +and privileges of a lodge under dispensation and of one that has been +regularly constituted. These differences shall hereafter be considered. + +The warrant having been granted, there still remain certain forms and +ceremonies to be observed, before the lodge can take its place among the +legal and registered lodges of the jurisdiction in which it is situated. +These are its consecration, its dedication, its constitution, and the +installation of its officers. We shall not fully enter into a description +of these various ceremonies, because they are laid down at length in all +the Monitors, and are readily accessible to our readers. It will be +sufficient if we barely allude to their character. + +The ceremony of constitution is so called, because by it the lodge becomes +constituted or established. Orthoepists define the verb to constitute, as +signifying "to give a formal existence to anything." Hence, to constitute +a lodge is to give it existence, character, and standing as such; and the +instrument that warrants the person so constituting or establishing it, in +this act, is very properly called the "warrant of constitution." + +The consecration, dedication, and constitution of a lodge must be +performed by the Grand Master in person; or, if he cannot conveniently +attend, by some Past Master appointed by him as his special proxy or +representative for that purpose. On the appointed evening, the Grand +Master, accompanied by his Grand Officers, repairs to the place where the +new lodge is to hold its meetings, the lodge[29] having been placed in the +centre of the room and decently covered with a piece of white linen or +satin. Having taken the chair, he examines the records of the lodge and +the warrant of constitution; the officers who have been chosen are +presented before him, when he inquires of the Brethren if they continue +satisfied with the choice they have made. The ceremony of consecration is +then performed. The Lodge is uncovered; and corn, wine, and oil--the +masonic elements of consecration--are poured upon it, accompanied by +appropriate prayers and invocations, and the lodge is finally declared to +be consecrated to the honor and glory of God. + +This ceremony of consecration has been handed down from the remotest +antiquity. A consecrating--a separating from profane things, and making +holy or devoting to sacred purposes--was practiced by both the Jews and +the Pagans in relation to their temples, their altars, and all their +sacred utensils. The tabernacle, as soon as it was completed, was +consecrated to God by the unction of oil. Among the Pagan nations, the +consecration of their temples was often performed with the most sumptuous +offerings and ceremonies; but oil was, on all occasions, made use of as an +element of the consecration. The lodge is, therefore, consecrated to +denote that henceforth it is to be set apart as an asylum sacred to the +cultivation of the great masonic principles of Friendship, Morality, and +Brotherly Love. Thenceforth it becomes to the conscientious Mason a place +worthy of his reverence; and he is tempted, as he passes over its +threshold, to repeat the command given to Moses: "Put off thy shoes from +off thy feet, for the place whereon thou standest is holy ground." + +The corn, wine, and oil are appropriately adopted as the Masonic elements +of consecration, because of the symbolic signification which they present +to the mind of the Mason. They are enumerated by David as among the +greatest blessings which we receive from the bounty of Divine Providence. +They were annually offered by the ancients as the first fruits, in a +thank-offering for the gifts of the earth; and as representatives of "the +corn of nourishment, the wine of refreshment, and the oil of joy," they +symbolically instruct the Mason that to the Grand Master of the Universe +he is indebted for the "health, peace, and plenty" that he enjoys. + +After the consecration of the lodge, follows its dedication. This is a +simple ceremony, and principally consists in the pronunciation of a +formula of words by which the lodge is declared to be dedicated to the +holy Saints John, followed by an invocation that "every Brother may revere +their character and imitate their virtues." + +Masonic tradition tells us that our ancient Brethren dedicated their +lodges to King Solomon, because he was their first Most Excellent Grand +Master; but that modern Masons dedicate theirs to St. John the Baptist and +St. John the Evangelist, because they were two eminent patrons of Masonry. +A more appropriate selection of patrons to whom to dedicate the lodge, +could not easily have been made; since St. John the Baptist, by +announcing the approach of Christ, and by the mystical ablution to which +he subjected his proselytes, and which was afterwards adopted in the +ceremony of initiation into Christianity, might well be considered as the +Grand Hierophant of the Church; while the mysterious and emblematic nature +of the Apocalypse assimilated the mode of teaching adopted by St. John the +Evangelist to that practiced by the fraternity. Our Jewish Brethren +usually dedicate their lodges to King Solomon, thus retaining their +ancient patron, although they thereby lose the benefit of that portion of +the Lectures which refers to the "lines parallel." The Grand Lodge of +England, at the union in 1813, agreed to dedicate to Solomon and Moses, +applying the parallels to the framer of the tabernacle and the builder of +the temple; but they have no warranty for this in ancient usage, and it is +unfortunately not the only innovation on the ancient landmarks that that +Grand Lodge has lately permitted. + +The ceremony of dedication, like that of consecration, finds its archetype +in the remotest antiquity. The Hebrews made no use of any new thing until +they had first solemnly dedicated it. This ceremony was performed in +relation even to private houses, as we may learn from the book of +Deuteronomy.[30] The 30th Psalm is a song said to have been made by David +on the dedication of the altar which he erected on the threshing-floor of +Ornan the Jebusite, after the grievous plague which had nearly devastated +the kingdom. Solomon, it will be recollected, dedicated the temple with +solemn ceremonies, prayers, and thank-offerings. The ceremony of +dedication is, indeed, alluded to in various portions of the Scriptures. + +Selden[31] says that among the Jews sacred things were both dedicated and +consecrated; but that profane things, such as private houses, etc., were +simply dedicated, without consecration. The same writer informs us that +the Pagans borrowed the custom of consecrating and dedicating their sacred +edifices, altars, and images, from the Hebrews. + +The Lodge having been thus consecrated to the solemn objects of +Freemasonry, and dedicated to the patrons of the institution, it is at +length prepared to be constituted. The ceremony of constitution is then +performed by the Grand Master, who, rising from his seat, pronounces the +following formulary of constitution: + +"In the name of the most Worshipful Grand Lodge, I now constitute and form +you, my beloved Brethren, into a regular lodge of Free and Accepted +Masons. From this time forth, I empower you to meet as a regular lodge, +constituted in conformity to the rites of our Order, and the charges of +our ancient and honorable fraternity;--and may the Supreme Architect of +the Universe prosper, direct, and counsel you, in all your doings." + +This ceremony places the lodge among the registered lodges of the +jurisdiction in which it is situated, and gives it a rank and standing and +permanent existence that it did not have before. In one word, it has, by +the consecration, dedication, and constitution, become what we technically +term "a just and legally constituted lodge," and, as such, is entitled to +certain rights and privileges, of which we shall hereafter speak. Still, +however, although the lodge has been thus fully and completely organized, +its officers have as yet no legal existence. To give them this, it is +necessary that they be inducted into their respective offices, and each +officer solemnly bound to the faithful performance of the duties he has +undertaken to discharge. This constitutes the ceremony of installation. +The Worshipful Master of the new lodge is required publicly to submit to +the ancient charges; and then all, except Past Masters, having retired, he +is invested with the Past Master's degree, and inducted into the oriental +chair of King Solomon. The Brethren are then introduced, and due homage is +paid to their new Master, after which the other officers are obligated to +the faithful discharge of their respective trusts, invested with their +insignia of office, and receive the appropriate charge. This ceremony must +be repeated at every annual election and change of officers. + +The ancient rule was, that when the Grand Master and his officers attended +to constitute a new lodge, the Deputy Grand Master invested the new +Master, the Grand Wardens invested the new Wardens, and the Grand +Treasurer and Grand Secretary invested the Treasurer and Secretary. But +this regulation has become obsolete, and the whole installation and +investiture are now performed by the Grand Master. On the occasion of +subsequent installations, the retiring Master installs his successor; and +the latter installs his subordinate officers. + +The ceremony of installation is derived from the ancient custom of +inauguration, of which we find repeated instances in the sacred as well as +profane writings. Aaron was inaugurated, or installed, by the unction of +oil, and placing on him the vestments of the High Priest; and every +succeeding High Priest was in like manner installed, before he was +considered competent to discharge the duties of his office. Among the +Romans, augurs, priests, kings, and, in the times of the republic, consuls +were always inaugurated or installed. And hence, Cicero, who was an augur, +speaking of Hortensius, says, "it was he who installed me as a member of +the college of augurs, so that I was bound by the constitution of the +order to respect and honour him as a parent."[32] The object and intention +of the ancient inauguration and the Masonic installation are precisely the +same, namely, that of setting apart and consecrating a person to the +duties of a certain office. + +The ceremonies, thus briefly described, were not always necessary to +legalize a congregation of Masons. Until the year 1717, the custom of +confining the privileges of Masonry, by a warrant of constitution, to +certain individuals, was wholly unknown. Previous to that time, a +requisite number of Master Masons were authorized by the ancient charges +to congregate together, temporarily, at their own discretion, and as best +suited their convenience, and then and there to open and hold lodges and +make Masons; making, however, their return, and paying their tribute to +the General Assembly, to which all the fraternity annually repaired, and +by whose awards the craft were governed. + +Preston, speaking of this ancient privilege, says: "A sufficient number of +Masons met together within a certain district, with the consent of the +sheriff or chief magistrate of the place, were empowered at this time to +make Masons and practice the rights of Masonry, without a warrant of +constitution." This privilege, Preston says, was inherent in them as +individuals, and continued to be enjoyed by the old lodges, which formed +the Grand Lodge in 1717, as long as they were in existence. + +But on the 24th June, 1717, the Grand Lodge of England adopted the +following regulation: "That the privilege of assembling as Masons, which +had hitherto been unlimited, should be vested in certain lodges or +assemblies of Masons, convened in certain places; and that every lodge to +be hereafter convened, except the four old lodges at this time existing, +should be legally authorized to act by a warrant from the Grand Master for +the time being, granted to certain individuals by petition, with the +consent and approbation of the Grand Lodge in communication; and that, +without such warrant, no lodge should be hereafter deemed regular or +constitutional." + +This regulation has ever since continued in force, and it is the original +law under which warrants of constitution are now granted by Grand Lodges +for the organization of their subordinates. + + + + +Chapter II. + +Of Lodges under Dispensation. + + + +It is evident, from what has already been said, that there are two kinds +of lodges, each regular in itself, but each peculiar and distinct in its +character. There are lodges working under a dispensation, and lodges +working under a warrant of constitution. Each of these will require a +separate consideration. The former will be the subject of the present +chapter. + +A lodge working under a dispensation is a merely temporary body, +originated for a special purpose, and is therefore possessed of very +circumscribed powers. The dispensation, or authority under which it acts, +expressly specifies that the persons to whom it is given are allowed to +congregate that they may "admit, enter, pass, and raise Freemasons;" no +other powers are conferred either by words or implication, and, indeed, +sometimes the dispensation states, that that congregation is to be "with +the sole intent and view, that the Brethren so congregated, admitted, +entered, and made, when they become a sufficient number, may be duly +warranted and constituted for being and holding a regular lodge."[33] + +A lodge under dispensation is simply the creature of the Grand Master. To +him it is indebted for its existence, and on his will depends the duration +of that existence. He may at any time revoke the dispensation, and the +dissolution of the lodge would be the instant result. Hence a lodge +working under a dispensation can scarcely, with strict technical +propriety, be called a lodge; it is, more properly speaking, a +congregation of Masons, acting as the proxy of the Grand Master. + +With these views of the origin and character of lodges under dispensation, +we will be better prepared to understand the nature and extent of the +powers which they possess. + +A lodge under dispensation can make no bye-laws. It is governed, during +its temporary existence, by the general Constitutions of the Order and the +rules and regulations of the Grand Lodge in whose jurisdiction it is +situated. In fact, as the bye-laws of no lodge are operative until they +are confirmed by the Grand Lodge, and as a lodge working under a +dispensation ceases to exist as such as soon as the Grand Lodge meets, it +is evident that it would be absurd to frame a code of laws which would +have no efficacy, for want of proper confirmation, and which, when the +time and opportunity for confirmation had arrived, would be needless, as +the society for which they were framed would then have no legal +existence--a new body (the warranted lodge) having taken its place. + +A lodge under dispensation cannot elect officers. The Master and Wardens +are nominated by the Brethren, and, if this nomination is approved, they +are appointed by the Grand Master. In giving them permission to meet and +make Masons, he gave them no power to do anything else. A dispensation is +itself a setting aside of the law, and an exception to a general +principle; it must, therefore, be construed literally. What is not granted +in express terms, is not granted at all. And, therefore, as nothing is +said of the election of officers, no such election can be held. The Master +may, however, and always does for convenience, appoint a competent +Brother to keep a record of the proceedings; but this is a temporary +appointment, at the pleasure of the Master, whose deputy or assistant he +is; for the Grand Lodge looks only to the Master for the records, and the +office is not legally recognized. In like manner, he may depute a trusty +Brother to take charge of the funds, and must, of course, from time to +time, appoint the deacons and tiler for the necessary working of the +lodge. + +As there can be no election, neither can there be any installation, which, +of course, always presumes a previous election for a determinate period. +Besides, the installation of officers is a part of the ceremony of +constitution, and therefore not even the Master and Wardens of a lodge +under dispensation are entitled to be thus solemnly inducted into office. + +A lodge under dispensation can elect no members. The Master and Wardens, +who are named in the dispensation, are, in point of fact, the only persons +recognized as constituting the lodge. To them is granted the privilege, as +proxies of the Grand Master, of making Masons; and for this purpose they +are authorized to congregate a sufficient number of Brethren to assist +them in the ceremonies. But neither the Master and Wardens, nor the +Brethren, thus congregated have received any power of electing members. +Nor are the persons made in a lodge under dispensation, to be considered +as members of the lodge; for, as has already been shown, they have none of +the rights and privileges which attach to membership--they can neither +make bye-laws nor elect officers. They, however, become members of the +lodge as soon as it receives its warrant of constitution. + + + + +Chapter III. + + +Of Lodges Working under a Warrant of Constitution. + + + +Section I. + +_Of the Powers and Rights of a Lodge._ + + +In respect to the powers and privileges possessed by a lodge working under +a warrant of constitution, we may say, as a general principle, that +whatever it does possess is inherent in it--nothing has been delegated by +either the Grand Master or the Grand Lodge--but that all its rights and +powers are derived originally from the ancient regulations, made before +the existence of Grand Lodges, and that what it does not possess, are the +powers which were conceded by its predecessors to the Grand Lodge. This is +evident from the history of warrants of constitution, the authority under +which subordinate lodges act. The practice of applying by petition to the +Grand Master or the Grand Lodge, for a warrant to meet as a regular +lodge, commenced in the year 1718. Previous to that time, Freemasons were +empowered by inherent privileges, vested, from time immemorial, in the +whole fraternity, to meet as occasion might require, under the direction +of some able architect; and the proceedings of these meetings, being +approved by a majority of the Brethren convened at another lodge in the +same district, were deemed constitutional.[34] But in 1718, a year after +the formation of the Grand Lodge of England, this power of meeting _ad +libitum_ was resigned into the hands of that body, and it was then agreed +that no lodges should thereafter meet, unless authorized so to do by a +warrant from the Grand Master, and with the consent of the Grand Lodge. +But as a memorial that this abandonment of the ancient right was entirely +voluntary, it was at the same time resolved that this inherent privilege +should continue to be enjoyed by the four old lodges who formed the Grand +Lodge. And, still more effectually to secure the reserved rights of the +lodges, it was also solemnly determined, that while the Grand Lodge +possesses the inherent right of making new regulations for the good of the +fraternity, provided that the _old landmarks be carefully preserved_, yet +that these regulations, to be of force, must be proposed and agreed to at +the third quarterly communication preceding the annual grand feast, and +submitted to the perusal of all the Brethren, in writing, even of the +youngest entered apprentice; "_the approbation and consent of the majority +of all the Brethren present being absolutely necessary, to make the same +binding and obligatory_."[35] + +The corollary from all this is clear. All the rights, powers, and +privileges, not conceded, by express enactment of the fraternity, to the +Grand Lodge, have been reserved to themselves. Subordinate lodges are the +assemblies of the craft in their primary capacity, and the Grand Lodge is +the Supreme Masonic Tribunal, only because it consists of and is +constituted by a representation of these primary assemblies. And, +therefore, as every act of the Grand Lodge is an act of the whole +fraternity thus represented, each new regulation that may be made is not +an assumption of authority on the part of the Grand Lodge, but a new +concession on the part of the subordinate lodges. + +This doctrine of the reserved rights of the lodges is very important, and +should never be forgotten, because it affords much aid in the decision of +many obscure points of masonic jurisprudence. The rule is, that any +doubtful power exists and is inherent in the subordinate lodges, unless +there is an express regulation conferring it on the Grand Lodge. With this +preliminary view, we may proceed to investigate the nature and extent of +these reserved powers of the subordinate lodges. + +A lodge has the right of selecting its own members, with which the Grand +Lodge cannot interfere. This is a right that the lodges have expressly +reserved to themselves, and the stipulation is inserted in the "general +regulations" in the following words: + +"No man can be entered a Brother in any particular lodge, or admitted a +member thereof, without the unanimous consent of all the members of that +lodge then present, when the candidate is proposed, and when their consent +is formally asked by the Master. They are to give their consent in their +own prudent way, either virtually or in form, but with unanimity. Nor is +this inherent privilege subject to a dispensation, because the members of +a particular lodge are the best judges of it; and because, if a turbulent +member should be imposed upon them, it might spoil their harmony, or +hinder the freedom of their communication; or even break and disperse the +lodge, which ought to be avoided by all true and faithful."[36] + +But although a lodge has the inherent right to require unanimity in the +election of a candidate, it is not necessarily restricted to such a degree +of rigor. + +A lodge has the right to elect its own officers. This right is guaranteed +to it by the words of the Warrant of Constitution. Still the right is +subject to certain restraining regulations. The election must be held at +the proper time, which, according to the usage of Masonry, in most parts +of the world, is on or immediately before the festival of St. John the +Evangelist. The proper qualifications must be regarded. A member cannot be +elected as Master, unless he has previously served as a Warden, except in +the instance of a new lodge, or other case of emergency. Where both of the +Wardens refuse promotion, where the presiding Master will not permit +himself to be reelected, and where there is no Past Master who will +consent to take the office, then, and then only, can a member be elected +from the floor to preside over the lodge. + +By the Constitutions of England, only the Master and Treasurer are elected +officers.[37] The Wardens and all the other officers are appointed by the +Master, who has not, however, the power of removal after appointment, +except by consent of the lodge;[38] but American usage gives the election +of all the officers, except the deacons, stewards, and, in some instances, +the tiler, to the lodge. + +As a consequence of the right of election, every lodge has the power of +installing its officers, subject to the same regulations, in relation to +time and qualifications, as given in the case of elections. + +The Master must be installed by a Past Master,[39] but after his own +installation he has the power to install the rest of the officers. The +ceremony of installation is not a mere vain and idle one, but is +productive of important results. Until the Master and Wardens of a lodge +are installed, they cannot represent the lodge in the Grand Lodge, nor, if +it be a new lodge, can it be recorded and recognized on the register of +the Grand Lodge. No officer can permanently take possession of the office +to which he has been elected, until he has been duly installed.[40] The +rule of the craft is, that the old officer holds on until his successor is +installed, and this rule is of universal application to officers of every +grade, from the Tiler of a subordinate lodge, to the Grand Master of +Masons. + +Every lodge that has been duly constituted, and its officers installed, is +entitled to be represented in the Grand Lodge, and to form, indeed, a +constituent part of that body.[41] The representatives of a lodge are its +Master and two Wardens.[42] This character of representation was +established in 1718, when the four old lodges, which organized the Grand +Lodge of England, agreed "to extend their patronage to every lodge which +should hereafter be constituted by the Grand Lodge, according to the new +regulations of the society; and while such lodges acted in conformity to +the ancient constitutions of the Order, to admit their Masters and Wardens +to share with them all the privileges of the Grand Lodge, excepting +precedence of rank."[43] Formerly all Master Masons were permitted to sit +in the Grand Lodge, or, as it was then called, the General Assembly, and +represent their lodge; and therefore this restricting the representation +to the three superior officers was, in fact, a concession of the craft. +This regulation is still generally observed; but I regret to see a few +Grand Lodges in this country innovating on the usage, and still further +confining the representation to the Masters alone. + +The Master and Wardens are not merely in name the representatives of the +lodge, but are bound, on all questions that come before the Grand Lodge, +truly to represent their lodge, and vote according to its instructions. +This doctrine is expressly laid down in the General Regulations, in the +following words: "The majority of every particular lodge, when +congregated, not else, shall have the privilege of giving instructions to +their Master and Wardens, before the meeting of the Grand Chapter, or +Quarterly Communication; because the said officers are their +representatives, and are supposed to speak the sentiments of their +Brethren at the said Grand Lodge."[44] + +Every lodge has the power to frame bye-laws for its own government, +provided they are not contrary to, nor inconsistent with, the general +regulations of the Grand Lodge; nor the landmarks of the order.[45] But +these bye-laws will not be valid, until they are submitted to and approved +by the Grand Lodge. And this is the case, also, with every subsequent +alteration of them, which must in like manner be submitted to the Grand +Lodge for its approval. + +A lodge has the right of suspending or excluding a member from his +membership in the lodge; but it has no power to expel him from the rights +and privileges of Masonry, except with the consent of the Grand Lodge. A +subordinate lodge tries its delinquent member, and, if guilty, declares +him expelled; but the sentence is of no force until the Grand Lodge, under +whose jurisdiction it is working, has confirmed it. And it is optional +with the Grand Lodge to do so, or, as is frequently done, to reverse the +decision and reinstate the Brother. Some of the lodges in this country +claim the right to expel, independently of the action of the Grand Lodge; +but the claim is not valid. The very fact that an expulsion is a penalty, +affecting the general relations of the punished party with the whole +fraternity, proves that its exercise never could, with propriety, be +intrusted to a body so circumscribed in its authority as a subordinate +lodge. Accordingly, the general practice of the fraternity is opposed to +it; and therefore all expulsions are reported to the Grand Lodge, not +merely as matters of information, but that they may be confirmed by that +body. The English Constitutions are explicit on this subject. "In the +Grand Lodge alone," they declare, "resides the power of erasing lodges and +expelling Brethren from the craft, a power which it ought not to delegate +to any subordinate authority in England." They allow, however, a +subordinate lodge to _exclude_ a member from the lodge; in which case he +is furnished with a certificate of the circumstances of his exclusion, and +then may join any other lodge that will accept him, after being made +acquainted with the fact of his exclusion, and its cause. This usage has +not been adopted in this country. + +A lodge has a right to levy such annual contribution for membership as the +majority of the Brethren see fit. This is entirely a matter of contract, +with which the Grand Lodge, or the craft in general, have nothing to do. +It is, indeed, a modern usage, unknown to the fraternity of former times, +and was instituted for the convenience and support of the private lodges. + +A lodge is entitled to select a name for itself, to be, however, approved +by the Grand Lodge.[46] But the Grand Lodge alone has the power of +designating the number by which the lodge shall be distinguished. By its +number alone is every lodge recognized in the register of the Grand Lodge, +and according to their numbers is the precedence of the lodges regulated. + +Finally, a lodge has certain rights in relation to its Warrant of +Constitution. This instrument having been granted by the Grand Lodge, can +be revoked by no other authority. The Grand Master, therefore, has no +power, as he has in the case of a lodge under dispensation, to withdraw +its Warrant, except temporarily, until the next meeting of the Grand +Lodge. Nor is it in the power of even the majority of the lodge, by any +act of their own, to resign the Warrant. For it has been laid down as a +law, that if the majority of the lodge should determine to quit the lodge, +or to resign their warrant, such action would be of no efficacy, because +the Warrant of Constitution, and the power of assembling, would remain +with the rest of the members, who adhere to their allegiance.[47] But if +all the members withdraw themselves, their Warrant ceases and becomes +extinct. If the conduct of a lodge has been such as clearly to forfeit its +charter, the Grand Lodge alone can decide that question and pronounce the +forfeiture. + + + +Section II. + +_Of the Duties of a Lodge._ + + +So far in relation to the rights and privileges of subordinate lodges. But +there are certain duties and obligations equally binding upon these +bodies, and certain powers, in the exercise of which they are restricted. +These will next engage our attention. + +The first great duty, not only of every lodge, but of every Mason, is to +see that the landmarks of the Order shall never be impaired. The General +Regulations of Masonry--to which every Master, at his installation, is +bound to acknowledge his submission--declare that "it is not in the power +of any man, or body of men, to make innovations in the body of Masonry." +And, hence, no lodge, without violating all the implied and express +obligations into which it has entered, can, in any manner, alter or amend +the work, lectures, and ceremonies of the institution. As its members +have received the ritual from their predecessors, so are they bound to +transmit it, unchanged, in the slightest degree, to their successors. In +the Grand Lodge, alone, resides the power of enacting new regulations; +but, even _it_ must be careful that, in every such regulation, the +landmarks are preserved. When, therefore, we hear young and inexperienced +Masters speak of making improvements (as they arrogantly call them) upon +the old lectures or ceremonies, we may be sure that such Masters either +know nothing of the duties they owe to the craft, or are willfully +forgetful of the solemn obligation which they have contracted. Some may +suppose that the ancient ritual of the Order is imperfect, and requires +amendment. One may think that the ceremonies are too simple, and wish to +increase them; another, that they are too complicated, and desire to +simplify them; one may be displeased with the antiquated language; +another, with the character of the traditions; a third, with something +else. But, the rule is imperative and absolute, that no change can or must +be made to gratify individual taste. As the Barons of England, once, with +unanimous voice, exclaimed, "Nolumus leges Angliae mutare!" so do all good +Masons respond to every attempt at innovation, "We are unwilling to alter +the customs of Freemasonry." + +In relation to the election of officers, a subordinate lodge is allowed to +exercise no discretion. The names and duties of these officers are +prescribed, partly by the landmarks or the ancient constitutions, and +partly by the regulations of various Grand Lodges. While the landmarks are +preserved, a Grand Lodge may add to the list of officers as it pleases; +and whatever may be its regulation, the subordinate lodges are bound to +obey it; nor can any such lodge create new offices nor abolish old ones +without the consent of the Grand Lodge. + +Lodges are also bound to elect their officers at a time which is always +determined; not by the subordinate, but by the Grand Lodge. Nor can a +lodge anticipate or postpone it unless by a dispensation from the Grand +Master. + +No lodge can, at an extra meeting, alter or amend the proceedings of a +regular meeting. If such were not the rule, an unworthy Master might, by +stealth, convoke an extra meeting of a part of his lodge, and, by +expunging or altering the proceedings of the previous regular meeting, or +any particular part of them, annul any measures or resolutions that were +not consonant with his peculiar views. + +No lodge can interfere with the work or business of any other lodge, +without its permission. This is an old regulation, founded on those +principles of comity and brotherly love that should exist among all +Masons. It is declared in the manuscript charges, written in the reign of +James II., and in the possession of the Lodge of Antiquity, at London, +that "no Master or Fellow shall supplant others of their work; that is to +say, that, if he hath taken a work, or else stand Master of any work, that +he shall not put him out, unless he be unable of cunning to make an end of +his work." And, hence, no lodge can pass or raise a candidate who was +initiated, or initiate one who was rejected, in another lodge. "It would +be highly improper," says the Ahiman Rezon, "in any lodge, to confer a +degree on a Brother who is not of their house-hold; for, every lodge +ought to be competent to manage their own business, and are the best +judges of the qualifications of their own members." + +I do not intend, at the present time, to investigate the qualifications of +candidates--as that subject will, in itself, afford ample materials for a +future investigation; but, it is necessary that I should say something of +the restrictions under which every lodge labors in respect to the +admission of persons applying for degrees. + +In the first place, no lodge can initiate a candidate, "without previous +notice, and due examination into his character; and not unless his +petition has been read at one regular meeting and acted on at another." +This is in accordance with the ancient regulations; but, an exception to +it is allowed in the case of an emergency, when the lodge may read the +petition for admission, and, if the applicant is well recommended, may +proceed at once to elect and initiate him. In some jurisdictions, the +nature of the emergency must be stated to the Grand Master, who, if he +approves, will grant a dispensation; but, in others, the Master, or Master +and Wardens, are permitted to be competent judges, and may proceed to +elect and initiate, without such dispensation. The Grand Lodge of South +Carolina adheres to the former custom, and that of England to the latter. + +Another regulation is, that no lodge can confer more than two degrees, at +one communication, on the same candidate. The Grand Lodge of England is +still more stringent on this subject, and declares that "no candidate +shall be permitted to receive more than one degree, on the same day; nor +shall a higher degree in Masonry be conferred on any Brother at a less +interval than four weeks from his receiving a previous degree, nor until +he has passed an examination, in open lodge, in that degree." This rule is +also in force in South Carolina and several other of the American +jurisdictions. But, the law which forbids the whole three degrees of +Ancient Craft Masonry to be conferred, at the same communication, on one +candidate, is universal in its application, and, as such, may be deemed +one of the ancient landmarks of the Order. + +There is another rule, which seems to be of universal extent, and is, +indeed, contained in the General Regulations of 1767, to the following +effect: "No lodge shall make more than five new Brothers at one and the +same time, without an urgent necessity." + +All lodges are bound to hold their meetings at least once in every +calendar month; and every lodge neglecting so to do for one year, thereby +forfeits its warrant of constitution. + +The subject of the removal of lodges is the last thing that shall engage +our attention. Here the ancient regulations of the craft have adopted many +guards to prevent the capricious or improper removal of a lodge from its +regular place of meeting. In the first place, no lodge can be removed from +the town in which it is situated, to any other place, without the consent +of the Grand Lodge. But, a lodge may remove from one part of the town to +another, with the consent of the members, under the following +restrictions: The removal cannot be made without the Master's knowledge; +nor can any motion, for that purpose, be presented in his absence. When +such a motion is made, and properly seconded, the Master will order +summonses to every member, specifying the business, and appointing a day +for considering and determining the affair. And if then a majority of the +lodge, with the Master, or two-thirds, without him, consent to the +removal, it shall take place; but notice thereof must be sent, at once, to +the Grand Lodge. The General Regulations of 1767 further declare, that +such removal must be approved by the Grand Master. I suppose that where +the removal of the lodge was only a matter of convenience to the members, +the Grand Lodge would hardly interfere, but leave the whole subject to +their discretion; but, where the removal would be calculated to affect the +interests of the lodge, or of the fraternity--as in the case of a removal +to a house of bad reputation, or to a place of evident insecurity--I have +no doubt that the Grand Lodge, as the conservator of the character and +safety of the institution, would have a right to interpose its authority, +and prevent the improper removal. + +I have thus treated, as concisely as the important nature of the subjects +would permit, of the powers, privileges, duties, and obligations of +lodges, and have endeavored to embrace, within the limits of the +discussion, all those prominent principles of the Order, which, as they +affect the character and operations of the craft in their primary +assemblies, may properly be referred to the Law of Subordinate Lodges. + + + + +Chapter IV. + +Of the Officers of a Subordinate Lodge. + + + +Section I. + +_Of the Officers in General._ + + +Four officers, at least, the ancient customs of the craft require in every +lodge; and they are consequently found throughout the globe. These are the +Master, the two Wardens, and the Tiler. Almost equally universal are the +offices of Treasurer, Secretary, and two Deacons. But, besides these, +there may be additional officers appointed by different Grand Lodges. The +Grand Lodge of England, for instance, requires the appointment of an +officer, called the "Inner Guard." The Grand Orient of France has +prescribed a variety of officers, which are unknown to English and +American Masonry. The Grand Lodges of England and South Carolina direct +that two Stewards shall be appointed, while some other Grand Lodges make +no such requisition. Ancient usage seems to have recognized the following +officers of a subordinate lodge: the Master, two Wardens, Treasurer, +Secretary, two Deacons, two Stewards, and Tiler; and I shall therefore +treat of the duties and powers of these officers only, in the course of +the present chapter. + +The officers of a lodge are elected annually. In this country, the +election takes place on the festival of St. John the Evangelist, or at the +meeting immediately previous; but, in this latter case, the duties of the +offices do not commence until St. John's day, which may, therefore, be +considered as the beginning of the masonic year. + +Dalcho lays down the rule, that "no Freemason chosen into any office can +refuse to serve (unless he has before filled the same office), without +incurring the penalties established by the bye-laws." Undoubtedly a lodge +may enact such a regulation, and affix any reasonable penalty; but I am +not aware of any ancient regulation which makes it incumbent on +subordinate lodges to do so. + +If any of the subordinate officers, except the Master and Wardens, die, or +be removed from office, during the year, the lodge may, under the +authority of a dispensation from the Grand Master, enter into an election +to supply the vacancy. But in the case of the death or removal of the +Master or either of the Wardens, no election can be held to supply the +vacancy, even by dispensation, for reasons which will appear when I come +to treat of those offices. + +No officer can resign his office after he has been installed. Every +officer is elected for twelve months, and at his installation solemnly +promises to perform the duties of that office until the next regular day +of election; and hence the lodge cannot permit him, by a resignation, to +violate his obligation of office. + +Another rule is, that every officer holds on to his office until his +successor has been installed. It is the installation, and not the +election, which puts an officer into possession; and the faithful +management of the affairs of Masonry requires, that between the election +and installation of his successor, the predecessor shall not vacate the +office, but continue to discharge its duties. + +An office can be vacated only by death, permanent removal from the +jurisdiction, or expulsion. Suspension does not vacate, but only suspends +the performance of the duties of the office, which must then be +temporarily discharged by some other person, to be appointed from time to +time; for, as soon as the suspended officer is restored, he resumes the +dignities and duties of his office. + + + +Section II. + +_Of the Worshipful Master._ + + +This is probably the most important office in the whole system of Masonry, +as, upon the intelligence, skill, and fidelity of the Masters of our +lodges, the entire institution is dependent for its prosperity. It is an +office which is charged with heavy responsibilities, and, as a just +consequence, is accompanied by the investiture of many important powers. + +A necessary qualification of the Master of a lodge is, that he must have +previously served in the office of a Warden.[48] This qualification is +sometimes dispensed with in the case of new lodges, or where no member of +an old lodge, who has served as a Warden, will accept the office of +Master. But it is not necessary that he should have served as a Warden in +the lodge of which he is proposed to be elected Master. The discharge of +the duties of a Warden, by regular election and installation in any other +lodge, and at any former period, will be a sufficient qualification. + +One of the most important duties of the Master of a lodge is, to see that +the edicts and regulations of the Grand Lodge are obeyed by his Brethren, +and that his officers faithfully discharge their duties. + +The Master has particularly in charge the warrant of Constitution, which +must always be present in his lodge, when opened. + +The Master has a right to call a special meeting of his lodge whenever he +pleases, and is the sole judge of any emergency which may require such +special communication. + +He has, also, the right of closing his lodge at any hour that he may deem +expedient, notwithstanding the whole business of the evening may not have +been transacted. This regulation arises from the unwritten law of Masonry. +As the Master is responsible to the Grand Lodge for the fidelity of the +work done in his lodge, and as the whole of the labor is, therefore, +performed under his superintendence, it follows that, to enable him to +discharge this responsibility, he must be invested with the power of +commencing, of continuing, or of suspending labor at such time as he may, +in his wisdom, deem to be the most advantageous to the edifice of Masonry. + +It follows from this rule that a question of adjournment cannot be +entertained in a lodge. The adoption of a resolution to adjourn, would +involve the necessity of the Master to obey it. The power, therefore, of +controlling the work, would be taken out of his hands and placed in those +of the members, which would be in direct conflict with the duties imposed +upon him by the ritual. The doctrine that a lodge cannot adjourn, but must +be closed or called off at the pleasure of the Master, appears now to me +to be very generally admitted. + +The Master and his two Wardens constitute the representatives of the lodge +in the Grand Lodge, and it is his duty to attend the communications of +that body "on all convenient occasions."[49] When there, he is faithfully +to represent his lodge, and on all questions discussed, to obey its +instructions, voting in every case rather against his own convictions than +against the expressed wish of his lodge. + +The Master presides not only over the symbolic work of the lodge, but +also over its business deliberations, and in either case his decisions are +reversible only by the Grand Lodge. There can be no appeal from his +decision, on any question, to the lodge. He is supreme in his lodge, so +far as the lodge is concerned, being amenable for his conduct in the +government of it, not to its members, but to the Grrand Lodge alone. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. If a member is aggrieved by the +conduct or decisions of the Master, he has his redress by an appeal to the +Grrand Lodge, which will, of course, see that the Master does not rule his +lodge "in an unjust or arbitrary manner." But such a thing as an appeal +from the Master of the lodge to its members is unknown in Masonry. + +This may, at first sight, appear to be giving too despotic power to the +Master. But a slight reflection will convince any one that there can be +but little danger of oppression from one so guarded and controlled as a +Master is, by the sacred obligations of his office, and the supervision of +the Grand Lodge, while the placing in the hands of the craft so powerful, +and at times, and with bad spirits, so annoying a privilege as that of +immediate appeal, would necessarily tend to impair the energies and +lessen the dignity of the Master, while it would be subversive of that +spirit of discipline which pervades every part of the institution, and to +which it is mainly indebted for its prosperity and perpetuity. + +The ancient charges rehearsed at the installation of a Master, prescribe +the various moral qualifications which are required in the aspirant for +that elevated and responsible office. He is to be a good man, and +peaceable citizen or subject, a respecter of the laws, and a lover of his +Brethren--cultivating the social virtues and promoting the general good of +society as well as of his own Order. + +Within the last few years, the standard of intellectual qualifications has +been greatly elevated. And it is now admitted that the Master of a lodge, +to do justice to the exalted office which he holds, to the craft over whom +he presides, and to the candidates whom he is to instruct, should be not +only a man of irreproachable moral character, but also of expanded +intellect and liberal education. Still, as there is no express law upon +this subject, the selection of a Master and the determination of his +qualifications must be left to the judgment and good sense of the +members. + + + +Section III. + +_Of the Wardens._ + + +The Senior and Junior Warden are the assistants of the Master in the +government of the lodge. They are selected from among the members on the +floor, the possession of a previous office not being, as in the case of +the Master, a necessary qualification for election. In England they are +appointed by the Master, but in this country they are universally elected +by the lodge. + +During the temporary absence of the Master the Senior Warden has the right +of presiding, though he may, and often does by courtesy, invite a Past +Master to assume the chair. In like manner, in the absence of both Master +and Senior Warden, the Junior Warden will preside, and competent Brethren +will by him be appointed to fill the vacant seats of the Wardens. But if +the Master and Junior Warden be present, and the Senior Warden be absent, +the Junior Warden does not occupy the West, but retains his own station, +the Master appointing some Brother to occupy the station of the Senior +Warden. For the Junior Warden succeeds by law only to the office of +Master, and, unless that office be vacant, he is bound to fulfill the +duties of the office to which he has been obligated. + +In case of the death, removal from the jurisdiction, or expulsion of the +Master, by the Grand Lodge, no election can be held until the +constitutional period. The Senior Warden will take the Master's place and +preside over the lodge, while his seat will be temporarily filled from +time to time by appointment. The Senior Warden being in fact still in +existence, and only discharging one of the highest duties of his office, +that of presiding in the absence of the Master, his office cannot be +declared vacant and there can be no election for it. In such case, the +Junior Warden, for the reason already assigned, will continue at his own +station in the South. + +In case of the death, removal, or expulsion of both Master and Senior +Warden, the Junior Warden will discharge the duties of the Mastership and +make temporary appointments of both Wardens. It must always be remembered +that the Wardens succeed according to seniority to the office of Master +when vacant, but that neither can legally discharge the duties of the +other. It must also be remembered that when a Warden succeeds to the +government of the lodge, he does not become the Master; he is still only +a Warden discharging the functions of a higher vacated station, as one of +the expressed duties of his own office. A recollection of these +distinctions will enable us to avoid much embarrassment in the +consideration of all the questions incident to this subject. If the Master +be present, the Wardens assist him in the government of the lodge. The +Senior Warden presides over the craft while at labor, and the Junior when +they are in refreshment. Formerly the examination of visitors was +intrusted to the Junior Warden, but this duty is now more appropriately +performed by the Stewards or a special committee appointed for that +purpose. + +The Senior Warden has the appointment of the Senior Deacon, and the Junior +Warden that of the Stewards. + + + +Section IV. + +_Of the Treasurer._ + + +Of so much importance is this office deemed, that in English Lodges, while +all the other officers are appointed by the Master, the Treasurer alone is +elected by the lodge. It is, however, singular, that in the ritual of +installation, Preston furnishes no address to the Treasurer on his +investiture. Webb, however, has supplied the omission, and the charge +given in his work to this officer, on the night of his installation, +having been universally acknowledged and adopted by the craft in this +country, will furnish us with the most important points of the law in +relation to his duties. + +It is, then, in the first place, the duty of the Treasurer "to receive all +moneys from the hands of the Secretary." The Treasurer is only the banker +of the lodge. All fees for initiation, arrearages of members, and all +other dues to the lodge, should be first received by the Secretary, and +paid immediately over to the Treasurer for safe keeping. + +The keeping of just and regular accounts is another duty presented to the +Treasurer. As soon as he has received an amount of money from the +Secretary, he should transfer the account of it to his books. By this +means, the Secretary and Treasurer become mutual checks upon each other, +and the safety of the funds of the lodge is secured. + +The Treasurer is not only the banker, but also the disbursing officer of +the lodge; but he is directed to pay no money except with the consent of +the lodge and on the order of the Worshipful Master. It seems to me, +therefore, that every warrant drawn on him should be signed by the Master, +and the action of the lodge attested by the counter-signature of the +Secretary. + +It is usual, in consequence of the great responsibility of the Treasurer, +to select some Brother of worldly substance for the office; and still +further to insure the safety of the funds, by exacting from him a bond, +with sufficient security. He sometimes receives a per centage, or a fixed +salary, for his services. + + + +Section V. + +_Of the Secretary._ + + +It is the duty of the Secretary to record all the proceedings of the +lodge, "which may be committed to paper;" to conduct the correspondence of +the lodge, and to receive all moneys due the lodge from any source +whatsoever. He is, therefore, the recording, corresponding, and receiving +officer of the lodge. By receiving the moneys due to the lodge in the +first place, and then paying them over to the Treasurer, he becomes, as I +have already observed, a check upon that officer. + +In view of the many laborious duties which devolve upon him, the +Secretary, in many lodges, receives a compensation for his services. + +Should the Treasurer or Secretary die or be expelled, there is no doubt +that an election for a successor, to fill the unexpired term, may be held +by dispensation from the Grand Master. But the incompetency of either of +these officers to perform his duties, by reason of the infirmity of +sickness or removal from the seat of the lodge, will not, I think, +authorize such an election. Because the original officer may recover from +his infirmity, or return to his residence, and, in either case, having +been elected and installed for one year, he must remain the Secretary or +Treasurer until the expiration of the period for which he had been so +elected and installed, and, therefore, on his recovery or his return, is +entitled to resume all the prerogatives and functions of his office. The +case of death, or of expulsion, which is, in fact, masonic death, is +different, because all the rights possessed during life cease _ex +necessitate rei_, and forever lapse at the time of the said physical or +masonic death; and in the latter case, a restoration to all the rights and +privileges of Masonry would not restore the party to any office which he +had held at the time of his expulsion. + + + +Section VI. + +_Of the Deacons._ + + +In every lodge there are two of these officers--a Senior and a Junior +Deacon. They are not elected, but appointed; the former by the Master, and +the latter by the Senior Warden. + +The duties of these officers are many and important; but they are so well +defined in the ritual as to require no further consideration in this +place. + +The only question that here invites our examination is, whether the +Deacons, as appointed officers, are removable at the pleasure of the +officers who appointed them; or, whether they retain their offices, like +the Master and Wardens, until the expiration of the year. Masonic +authorities are silent on this subject; but, basing my judgment upon +analogy, I am inclined to think that they are not removable: all the +officers of a lodge are chosen to serve for one year, or, from one +festival of St. John the Evangelist to the succeeding one. This has been +the invariable usage in all lodges, and neither in the monitorial +ceremonies of installation, nor in any rules or regulations which I have +seen, is any exception to this usage made in respect to Deacons. The +written as well as the oral law of Masonry being silent on this subject, +we are bound to give them the benefit of this silence, and place them in +the same favorable position as that occupied by the superior officers, +who, we know, by express law are entitled to occupy their stations for one +year. Moreover, the power of removal is too important to be exercised +except under the sanction of an expressed law, and is contrary to the +whole spirit of Masonry, which, while it invests a presiding officer with +the largest extent of prerogative, is equally careful of the rights of the +youngest member of the fraternity. + +From these reasons I am compelled to believe that the Deacons, although +originally appointed by the Master and Senior Warden, are not removable by +either, but retain their offices until the expiration of the year. + + + +Section VII. + +_Of the Stewards._ + + +The Stewards, who are two in number, are appointed by the Junior Warden, +and sit on the right and left of him in the lodge. Their original duties +were, "to assist in the collection of dues and subscriptions; to keep an +account of the lodge expenses; to see that the tables are properly +furnished at refreshment, and that every Brother is suitably provided +for." They are also considered as the assistants of the Deacons in the +discharge of their duties, and, lately, some lodges are beginning to +confide to them the important trusts of a standing committee for the +examination of visitors and the preparation of candidates. + +What has been said in relation to the removal of the Deacons in the +preceding section, is equally applicable to the Stewards. + + + +Section VIII. + +_Of the Tiler._ + + +This is an office of great importance, and must, from the peculiar nature +of our institution, have existed from its very beginning. No lodge could +ever have been opened until a Tiler was appointed, and stationed to guard +its portals from the approach of "cowans and eavesdroppers." The +qualifications requisite for the office of a Tiler are, that he must be "a +worthy Master Mason." An Entered Apprentice, or a Fellow Craft, cannot +tile a lodge, even though it be opened in his own degree. To none but +Master Masons can this important duty of guardianship be intrusted. The +Tiler is not necessarily a member of the lodge which he tiles. There is no +regulation requiring this qualification. In fact, in large cities, one +Brother often acts as the Tiler of several lodges. If, however, he is a +member of the lodge, his office does not deprive him of the rights of +membership, and in ballotings for candidates, election of officers, or +other important questions, he is entitled to exercise his privilege of +voting, in which case the Junior Deacon will temporarily occupy his +station, while he enters the lodge to deposit his ballot. This appears to +be the general usage of the craft in this country. + +The Tiler is sometimes elected by the lodge, and sometimes appointed by +the Master. It seems generally to be admitted that he may be removed from +office for misconduct or neglect of duty, by the lodge, if he has been +elected, and by the Master, if he has been appointed. + + + + +Chapter V. + +Of Rules of Order. + + + +The safety of the minority, the preservation of harmony, and the dispatch +of business, all require that there should be, in every well-regulated +society, some rules and forms for the government of their proceedings, +and, as has been justly observed by an able writer on parliamentary law, +"whether these forms be in all cases the most rational or not, is really +not of so great importance; for it is much more material that there should +be a rule to go by, than what that rule is."[50] By common consent, the +rules established for the government of Parliament in England, and of +Congress in the United States, and which are known collectively under the +name of "Parliamentary Law," have been adopted for the regulation of all +deliberative bodies, whether of a public or private nature. But lodges of +Freemasons differ so much in their organization and character from other +societies, that this law will, in very few cases, be found applicable; +and, indeed, in many positively inapplicable to them. The rules, +therefore, for the government of masonic lodges are in general to be +deduced from the usages of the Order, from traditional or written +authority, and where both of them are silent, from analogy to the +character of the institution. To each of these sources, therefore, I shall +apply, in the course of the present chapter, and in some few instances, +where the parliamentary law coincides with our own, reference will be made +to the authority of the best writers on that science. + + + +Section I. + +_Of the Order of Business._ + + +When the Brethren have been "congregated," or called together by the +presiding officer, the first thing to be attended to is the ceremony of +opening the lodge. The consideration of this subject, as it is +sufficiently detailed in our ritual, will form no part of the present +work. + +The lodge having been opened, the next thing to be attended to is the +reading of the minutes of the last communication. The minutes having been +read, the presiding officer will put the question on their confirmation, +having first inquired of the Senior and Junior Wardens, and lastly of the +Brethren "around the lodge," whether they have any alterations to propose. +It must be borne in mind, that the question of confirmation is simply a +question whether the Secretary has faithfully and correctly recorded the +transactions of the lodge. If, therefore, it can be satisfactorily shown +by any one that there is a mis-entry, or the omission of an entry, this is +the time to correct it; and where the matter is of sufficient importance, +and the recording officer, or any member disputes the charge of error, the +vote of the lodge will be taken on the subject, and the journal will be +amended or remain as written, according to the opinion so expressed by the +majority of the members. As this is, however, a mere question of memory, +it must be apparent that those members only who were present at the +previous communication, the records of which are under examination, are +qualified to express a fair opinion. All others should ask and be +permitted to be excused from voting. + +As no special communication can alter or amend the proceedings of a +regular one, it is not deemed necessary to present the records of the +latter to the inspection of the former. This preliminary reading of the +minutes is, therefore, always omitted at special communications. + +After the reading of the minutes, unfinished business, such as motions +previously submitted and reports of committees previously appointed, will +take the preference of all other matters. Special communications being +called for the consideration of some special subject, that subject must of +course claim the priority of consideration over all others. + +In like manner, where any business has been specially and specifically +postponed to another communication, it constitutes at that communication +what is called, in parliamentary law, "the order of the day," and may at +any time in the course of the evening be called up, to the exclusion of +all other business. + +The lodge may, however, at its discretion, refuse to take up the +consideration of such order; for the same body which determined at one +time to consider a question, may at another time refuse to do so. This is +one of those instances in which parliamentary usage is applicable to the +government of a lodge. Jefferson says: "Where an order is made, that any +particular matter be taken up on any particular day, there a question is +to be put, when it is called for, Whether the house will now proceed to +that matter?" In a lodge, however, it is not the usage to propose such a +question, but the matter being called up, is discussed and acted on, +unless some Brother moves its postponement, when the question of +postponement is put. + +But with these exceptions, the unfinished business must first be disposed +of, to avoid its accumulation and its possible subsequent neglect.[51] + +New business will then be taken up in such order as the local bye-laws +prescribe, or the wisdom of the Worshipful Master may suggest. + +In a discussion, when any member wishes to speak, he must stand up in his +place, and address himself not to the lodge, nor to any particular +Brother, but to the presiding officer, styling him "Worshipful." + +When two or more members rise nearly together, the presiding officer +determines who is entitled to speak, and calls him by his name, whereupon +he proceeds, unless he voluntarily sits down, and gives way to the other. +The ordinary rules of courtesy, which should govern a masonic body above +all other societies, as well as the general usage of deliberative bodies, +require that the one first up should be entitled to the floor. But the +decision of this fact is left entirely to the Master, or presiding +officer. + +Whether a member be entitled to speak once or twice to the same question, +is left to the regulation of the local bye-laws of every lodge. But, under +all circumstances, it seems to be conceded, that a member may rise at any +time with the permission of the presiding officer, or for the purpose of +explanation. + +A member may be called to order by any other while speaking, for the use +of any indecorous remark, personal allusion, or irrelevant matter; but +this must be done in a courteous and conciliatory manner, and the question +of order will at once be decided by the presiding officer. + +No Brother is to be interrupted while speaking, except for the purpose of +calling him to order, or to make a necessary explanation; nor are any +separate conversations, or, as they are called in our ancient charges, +"private committees," to be allowed. + +Every member of the Order is, in the course of the debate as well as at +all other times in the lodge, to be addressed by the title of "Brother," +and no secular or worldly titles are ever to be used. + +In accordance with the principles of justice, the parliamentary usage is +adopted, which permits the mover of a resolution to make the concluding +speech, that he may reply to all those who have spoken against it, and sum +up the arguments in its favor. And it would be a breach of order as well +as of courtesy for any of his opponents to respond to this final argument +of the mover. + +It is within the discretion of the Master, at any time in the course of +the evening, to suspend the business of the lodge for the purpose of +proceeding to the ceremony of initiation, for the "work" of Masonry, as it +is technically called, takes precedence of all other business. + +When all business, both old and new, and the initiation of candidates, if +there be any, has been disposed of, the presiding officer inquires of the +officers and members if there be anything more to be proposed before +closing. Custom has prescribed a formulary for making this inquiry, which +is in the following words. + +The Worshipful Master, addressing the Senior and Junior Wardens and then +the Brethren, successively, says: "Brother Senior, have you anything to +offer in the West for the good of Masonry in general or of this lodge in +particular? Anything in the South, Brother Junior? Around the lodge, +Brethren?" The answers to these inquiries being in the negative on the +part of the Wardens, and silence on that of the craft, the Master proceeds +to close the lodge in the manner prescribed in the ritual. + +The reading of the minutes of the evening, not for confirmation, but for +suggestion, lest anything may have been omitted, should always precede the +closing ceremonies, unless, from the lateness of the hour, it be dispensed +with by the members. + + + +Section II. + +_Of Appeals from the Decision of the Chair._ + + +Freemasonry differs from all other institutions, in permitting no appeal +to the lodge from the decision of the presiding officer. The Master is +supreme in his lodge, so far as the lodge is concerned. He is amenable +for his conduct, in the government of the lodge, not to its members, but +to the Grand Lodge alone. In deciding points of order as well as graver +matters, no appeal can be taken from that decision to the lodge. If an +appeal were proposed, it would be his duty, for the preservation of +discipline, to refuse to put the question. It is, in fact, wrong that the +Master should even by courtesy permit such an appeal to be taken; because, +as the Committee of Correspondence of the Grand Lodge of Tennessee have +wisely remarked, by the admission of such appeals by _courtesy_, "is +established ultimately a precedent from which will be claimed _the right +to take_ appeals."[52] If a member is aggrieved with the conduct or the +decisions of the Master, he has his redress by an appeal to the Grand +Lodge, which will of course see that the Master does not rule his lodge +"in an unjust or arbitrary manner." But such a thing as an appeal from the +Master to the lodge is unknown in Masonry. + +This, at first view, may appear to be giving too despotic a power to the +Master. But a little reflection will convince any one that there can be +but slight danger of oppression from one so guarded and controlled as the +Master is by the obligations of his office and the superintendence of the +Grand Lodge, while the placing in the hands of the craft so powerful, and, +with bad spirits, so annoying a privilege as that of immediate appeal, +would necessarily tend to impair the energies and lessen the dignity of +the Master, at the same time that it would be totally subversive of that +spirit of strict discipline which pervades every part of the institution, +and to which it is mainly indebted for its prosperity and perpetuity. + +In every case where a member supposes himself to be aggrieved by the +decision of the Master, he should make his appeal to the Grand Lodge. + +It is scarcely necessary to add, that a Warden or Past Master, presiding +in the absence of the Master, assumes for the time all the rights and +prerogatives of the Master. + + + +Section III. + +_Of the Mode of Taking the Question._ + + +The question in Masonry is not taken _viva voce_ or by "aye" and "nay." +This should always be done by "a show of hands." The regulation on this +subject was adopted not later than the year 1754, at which time the Book +of Constitutions was revised, "and the necessary alterations and additions +made, consistent with the laws and rules of Masonry," and accordingly, in +the edition published in the following year, the regulation is laid down +in these words--"The opinions or votes of the members are always to be +signified by each holding up one of his hands: which uplifted hands the +Grand Wardens are to count; unless the number of hands be so unequal as to +render the counting useless. Nor should any other kind of division be ever +admitted among Masons."[53] + +Calling for the yeas and nays has been almost universally condemned as an +unmasonic practice, nor should any Master allow it to be resorted to in +his lodge. + +Moving the "previous question," a parliamentary invention for stopping all +discussion, is still more at variance with the liberal and harmonious +spirit which should distinguish masonic debates, and is, therefore, never +to be permitted in a lodge. + + + +Section IV. + +_Of Adjournments._ + + +Adjournment is a term not recognized in Masonry. There are but two ways in +which the communication of a lodge can be terminated; and these are either +by _closing_ the lodge, or by _calling from labor to refreshment_. In the +former case the business of the communication is finally disposed of until +the next communication; in the latter the lodge is still supposed to be +open and may resume its labors at any time indicated by the Master. + +But both the time of closing the lodge and of calling it from labor to +refreshment is to be determined by the absolute will and the free judgment +of the Worshipful Master, to whom alone is intrusted the care of "setting +the craft to work, and giving them wholesome instruction for labor." He +alone is responsible to the Grand Master and the Grand Lodge, that his +lodge shall be opened, continued, and closed in harmony; and as it is by +his "will and pleasure" only that it is opened, so is it by his "will and +pleasure" only that it can be closed. Any attempt, therefore, on the part +of the lodge to entertain a motion for adjournment would be an +infringement of this prerogative of the Master. Such a motion is, +therefore, always out of order, and cannot be; and cannot be acted on. + +The rule that a lodge cannot adjourn, but remain in session until closed +by the Master, derives an authoritative sanction also from the following +clause in the fifth of the Old Charges. + +"All Masons employed shall meekly receive their wages without murmuring or +mutiny, _and not desert the Master till the work is finished_." + + + +Section V. + +_Of the Appointment of Committees._ + + +It is the prerogative of the Master to appoint all Committees, unless by a +special resolution provision has been made that a committee shall +otherwise be appointed. + +The Master is also, _ex officio_, chairman of every committee which he +chooses to attend, although he may not originally have been named a member +of such committee. But he may, if he chooses, waive this privilege; yet he +may, at any time during the session of the committee, reassume his +inherent prerogative of governing the craft at all times when in his +presence, and therefore take the chair. + + + +Section VI. + +_Of the Mode of Keeping the Minutes._ + + +Masonry is preeminently an institution of forms, and hence, as was to be +expected, there is a particular form provided for recording the +proceedings of a lodge. Perhaps the best method of communicating this form +to the reader will be, to record the proceedings of a supposititious +meeting or communication. + +The following form, therefore, embraces the most important transactions +that usually occur during the session of a lodge, and it may serve as an +exemplar, for the use of secretaries. + +"A regular communication of ---- Lodge, NO. ----, was holden at ----; on +----, the ---- day of ----A.: L.: 58--. + + Present. + + Bro.: A. B----, W.: Master. + " B. C----, S.: Warden. + " C. D----, J.: Warden. + " D. E----, Treasurer. + " E. F----, Secretary. + " F. G----, S.: Deacon. + " G. H----, J.: Deacon. + " H. I----, } Stewards. + " I. K----, } + " K. L----, Tiler. + + _Members._ + Bro.: L. M---- + M. N---- + N. O---- + O. P---- + + _Visitors._ + P. Q---- + Q. R---- + R. S---- + S. T---- + +The Lodge was opened in due form on the third degree of Masonry. + +"The minutes of the regular communication of ---- were read and +confirmed.[54] + +"The committee on the petition of Mr. C. B., a candidate for initiation, +reported favorably, whereupon he was balloted for and duly elected. + +"The committee on the application of Mr. D. C., a candidate for +initiation, reported favorably, whereupon he was balloted for, and the box +appearing foul he was rejected. + +"The committee on the application of Mr. E. D., a candidate for initiation, +having reported unfavorably, he was declared rejected without a ballot. + +"The petition of Mr. F. E., a candidate for initiation, having been +withdrawn by his friends, he was declared rejected without a ballot. + +"A petition for initiation from Mr. G.F., inclosing the usual amount and +recommended by Bros. C. D.---- and H. I.----, was referred to a committee +of investigation consisting of Bros. G. H.----, L. M.----, and O. P.----. + +"Bro. S.R., an Entered Apprentice, having applied for advancement, was +duly elected to take the second degree; and Bro. W.Y., a Fellow Craft, +was, on his application for advancement, duly elected to take the third +degree. + +"A letter was read from Mrs. T. V.----, the widow of a Master Mason, when +the sum of twenty dollars was voted for her relief. + +"The amendment to article 10, section 5 of the bye-laws, proposed by Bro. +M. N. ---- at the communication of ----, was read a third time, adopted by +a constitutional majority and ordered to be sent to the Grand Lodge for +approval and confirmation. + +"The Lodge of Master Masons was then closed, and a lodge of Entered +Apprentices opened in due form. + +"Mr. C. B., a candidate for initiation, being in waiting, was duly +prepared, brought forward and initiated as an Entered Apprentice, he +paying the usual fee. + +"The Lodge of Entered Apprentices was then closed, and a Lodge of Fellow +Crafts opened in due form. + +"Bro. S. R., an Entered Apprentice, being in waiting, was duly prepared, +brought forward and passed to the degree of a Fellow Craft, he paying the +usual fee. + +"The Lodge of Fellow Crafts was then closed, and a lodge of Master Masons +opened in due form. + +"Bro. W. Y., a Fellow Craft, being in waiting, was duly prepared, brought +forward and raised to the sublime degree of a Master Mason, he paying the +usual fee. + +Amount received this evening, as follows: + + Petition of Mr. G. F., $5 + Fee of Bro. C. B., 5 + do. of Bro. S. R., 5 + do. of Bro. W. Y., 5--Total, $20 + +all of which was paid over to the Treasurer. + +There being no further business, the lodge was closed in due form and +harmony. + +E. F----, + +_Secretary._ + +Such is the form which has been adopted as the most convenient mode of +recording the transactions of a lodge. These minutes must be read, at the +close of the meeting, that the Brethren may suggest any necessary +alterations or additions, and then at the beginning of the next regular +meeting, that they may be confirmed, after which they should be +transcribed from the rough Minute Book in which they were first entered +into the permanent Record Book of the lodge. + + + + + +Book Third. + +The Law Of Individuals. + + + +Passing from the consideration of the law, which refers to Masons in their +congregated masses, as the constituents of Grand and Subordinate Lodges, I +next approach the discussion of the law which governs, them in their +individual capacity, whether in the inception of their masonic life, as +candidates for initiation, or in their gradual progress through each of +the three degrees, for it will be found that a Mason, as he assumes new +and additional obligations, and is presented with increased light, +contracts new duties, and is invested with new prerogatives and +privileges. + + + + +Chapter I. + +Of the Qualifications of Candidates. + + + +The qualifications of a candidate for initiation into the mysteries of +Freemasonry, are four-fold in their character--moral, physical, +intellectual and political. + +The moral character is intended to secure the respectability of the Order, +because, by the worthiness of its candidates, their virtuous deportment, +and good reputation, will the character of the institution be judged, +while the admission of irreligious libertines and contemners of the moral +law would necessarily impair its dignity and honor. + +The physical qualifications of a candidate contribute to the utility of +the Order, because he who is deficient in any of his limbs or members, and +who is not in the possession of all his natural senses and endowments, is +unable to perform, with pleasure to himself or credit to the fraternity, +those peculiar labors in which all should take an equal part. He thus +becomes a drone in the hive, and so far impairs the usefulness of the +lodge, as "a place where Freemasons assemble to work, and to instruct and +improve themselves in the mysteries of their ancient science." + +The intellectual qualifications refer to the security of the Order; +because they require that its mysteries shall be confided only to those +whose mental developments are such as to enable them properly to +appreciate, and faithfully to preserve from imposition, the secrets thus +entrusted to them. It is evident, for instance, that an idiot could +neither understand the hidden doctrines that might be communicated to him, +nor could he so secure such portions as he might remember, in the +"depositary of his heart," as to prevent the designing knave from worming +them out of him; for, as the wise Solomon has said, "a fool's mouth is his +destruction, and his lips are the snare of his soul." + +The political qualifications are intended to maintain the independence of +the Order; because its obligations and privileges are thus confided only +to those who, from their position in society, are capable of obeying the +one, and of exercising the other without the danger of let or hindrance +from superior authority. + +Of the moral, physical and political qualifications of a candidate there +can be no doubt, as they are distinctly laid down in the ancient charges +and constitutions. The intellectual are not so readily decided. + +These four-fold qualifications may be briefly summed up in the following +axioms. + +_Morally_, the candidate must be a man of irreproachable conduct, a +believer in the existence of God, and living "under the tongue of good +report." + +_Physically_, he must be a man of at least twenty-one years of age, +upright in body, with the senses of a man, not deformed or dismembered, +but with hale and entire limbs as a _man_ ought to be. + +_Intellectually_, he must be a man in the full possession of his +intellects, not so young that his mind shall not have been formed, nor so +old that it shall have fallen into dotage; neither a fool, an idiot, nor a +madman; and with so much education as to enable him to avail himself of +the teachings of Masonry, and to cultivate at his leisure a knowledge of +the principles and doctrines of our royal art. + +_Politically_, he must be in the unrestrained enjoyment of his civil and +personal liberty, and this, too, by the birthright of inheritance, and not +by its subsequent acquisition, in consequence of his release from +hereditary bondage. + +The lodge which strictly demands these qualifications of its candidates +may have fewer members than one less strict, but it will undoubtedly have +better ones. + +But the importance of the subject demands for each class of the +qualifications a separate section, and a more extended consideration. + + + +Section I. + +_Of the Moral Qualifications of Candidates._ + + +The old charges state, that "a Mason is obliged by his tenure to obey the +moral law." It is scarcely necessary to say, that the phrase, "moral law," +is a technical expression of theology, and refers to the Ten Commandments, +which are so called, because they define the regulations necessary for the +government of the morals and manners of men. The habitual violation of any +one of these commands would seem, according to the spirit of the Ancient +Constitutions, to disqualify a candidate for Masonry. + +The same charges go on to say, in relation to the religious character of a +Mason, that he should not be "a stupid atheist, nor an irreligious +libertine." A denier of the existence of a Supreme Architect of the +Universe cannot, of course, be obligated as a Mason, and, accordingly, +there is no landmark more certain than that which excludes every atheist +from the Order. + +The word "libertine" has, at this day, a meaning very different from what +it bore when the old charges were compiled. It then signified what we now +call a "free-thinker," or disbeliever in the divine revelation of the +Scriptures. This rule would therefore greatly abridge the universality and +tolerance of the Institution, were it not for the following qualifying +clause in the same instrument:-- + +"Though in ancient times Masons were charged in every country to be of the +religion of that country or nation, whatever it was, yet it is now thought +more expedient only to oblige them to that religion in which all men +agree, leaving their particular opinions to themselves; that is, to be +good men and true, or men of honor and honesty, by whatever denominations +or persuasions they may be distinguished." + +The construction now given universally to the religious qualification of a +candidate, is simply that he shall have a belief in the existence and +superintending control of a Supreme Being. + +These old charges from which we derive the whole of our doctrine as to the +moral qualifications of a candidate, further prescribe as to the political +relations of a Mason, that he is to be "a peaceable subject to the civil +powers, wherever he resides or works, and is never to be concerned in +plots and conspiracies against the peace and welfare of the nation, nor to +behave himself undutifully to inferior magistrates. He is cheerfully to +conform to every lawful authority; to uphold on every occasion the +interest of the community, and zealously promote the prosperity of his own +country." + +Such being the characteristics of a true Mason, the candidate who desires +to obtain that title, must show his claim to the possession of these +virtues; and hence the same charges declare, in reference to these moral +qualifications, that "The persons made Masons, or admitted members of a +lodge, must be good and true men--no immoral or scandalous men, but of +good report." + + + +Section II. + +_Of the Physical Qualifications of Candidates._ + + +The physical qualifications of a candidate refer to his sex, his age, and +the condition of his limbs. + +The first and most important requisite of a candidate is, that he shall be +"_a man_." No woman can be made a Mason. This landmark is so indisputable, +that it would be wholly superfluous to adduce any arguments or authority +in its support. + +As to age, the old charges prescribe the rule, that the candidate must be +"of mature and discreet age." But what is the precise period when one is +supposed to have arrived at this maturity and discretion, cannot be +inferred from any uniform practice of the craft in different countries. +The provisions of the civil law, which make twenty-one the age of +maturity, have, however, been generally followed. In this country the +regulation is general, that the candidate must be twenty-one years of age. +Such, too, was the regulation adopted by the General Assembly, which met +on the 27th Dec., 1663, and which prescribed that "no person shall be +accepted unless he be twenty-one years old or more."[55] In Prussia, the +candidate is required to be twenty-five; in England, twenty-one,[56] +"unless by dispensation from the Grand Master, or Provincial Grand +Master;" in Ireland, twenty-one, except "by dispensation from the Grand +Master, or the Grand Lodge;" in France, twenty-one, unless the candidate +be the son of a Mason who has rendered important service to the craft, +with the consent of his parent or guardian, or a young man who has served +six months with his corps in the army--such persons may be initiated at +eighteen; in Switzerland, the age of qualification is fixed at twenty-one, +and in Frankfort-on-Mayn, at twenty. In this country, as I have already +observed, the regulation of 1663 is rigidly enforced, and no candidate, +who has not arrived at the age of twenty-one, can be initiated. + +Our ritual excludes "an old man in his dotage" equally with a "young man +under age." But as dotage signifies imbecility of mind, this subject will +be more properly considered under the head of intellectual qualifications. + +The physical qualifications, which refer to the condition of the +candidate's body and limbs, have given rise, within a few years past, to +a great amount of discussion and much variety of opinion. The regulation +contained in the old charges of 1721, which requires the candidate to be +"a perfect youth," has in some jurisdictions been rigidly enforced to the +very letter of the law, while in others it has been so completely +explained away as to mean anything or nothing. Thus, in South Carolina, +where the rule is rigid, the candidate is required to be neither deformed +nor dismembered, but of hale and entire limbs, as a man ought to be, while +in Maine, a deformed person may be admitted, provided "the deformity is +not such as to prevent him from being instructed in the arts and mysteries +of Freemasonry." + +The first written law which we find on this subject is that which was +enacted by the General Assembly held in 1663, under the Grand Mastership +of the Earl of St. Albans, and which declares "that no person shall +hereafter be accepted a Freemason but such as are of _able_ body."[57] + +Twenty years after, in the reign of James II., or about the year 1683, it +seems to have been found necessary, more exactly to define the meaning of +this expression, "of able body," and accordingly we find, among the +charges ordered to be read to a Master on his installation, the following +regulation: + +"Thirdly, that he that be made be able in all degrees; that is, free-born, +of a good kindred, true, and no bondsman, and that _he have his right +limbs as a man ought to have."_[58] + +The old charges, published in the original Book of Constitutions in 1723, +contain the following regulation: + +"No Master should take an Apprentice, unless he be a perfect youth having +no maim or defect that may render him uncapable of learning the art." + +Notwithstanding the positive demand for _perfection_, and the positive and +explicit declaration that he must have _no maim or defect_, the remainder +of the sentence has, within a few years past, by some Grand Lodges, been +considered as a qualifying clause, which would permit the admission of +candidates whose physical defects did not exceed a particular point. But, +in perfection, there can be no degrees of comparison, and he who is +required to be perfect, is required to be so without modification or +diminution. That which is _perfect_ is complete in all its parts, and, by +a deficiency in any portion of its constituent materials, it becomes not +less perfect, (which expression would be a solecism in grammar,) but at +once by the deficiency ceases to be perfect at all--it then becomes +imperfect. In the interpretation of a law, "words," says Blackstone, "are +generally to be understood in their usual and most known signification," +and then "perfect" would mean, "complete, entire, neither defective nor +redundant." But another source of interpretation is, the "comparison of a +law with other laws, that are made by the same legislator, that have some +affinity with the subject, or that expressly relate to the same +point."[59] Applying this law of the jurists, we shall have no difficulty +in arriving at the true signification of the word "perfect," if we refer +to the regulation of 1683, of which the clause in question appears to have +been an exposition. Now, the regulation of 1683 says, in explicit terms, +that the candidate must "_have his right limbs as a man ought to have_." +Comparing the one law with the other, there can be no doubt that the +requisition of Masonry is and always has been, that admission could only +be granted to him who was neither deformed nor dismembered, but of hale +and entire limbs as a man should be. + +But another, and, as Blackstone terms it, "the most universal and +effectual way of discovering the true meaning of a law" is, to consider +"the reason and spirit of it, or the cause which moved the legislator to +enact it." Now, we must look for the origin of the law requiring physical +perfection, not to the formerly operative character of the institution, +(for there never was a time when it was not speculative as well as +operative,) but to its symbolic nature. In the ancient temple, every stone +was required to be _perfect_, for a perfect stone was the symbol of truth. +In our mystic association, every Mason represents a stone in that +spiritual temple, "that house not made with hands, eternal in the +heavens," of which the temple of Solomon was the type. Hence it is +required that he should present himself, like the perfect stone in the +material temple, a perfect man in the spiritual building. "The symbolic +relation of each member of the Order to its mystic temple, forbids the +idea," says Bro. W.S. Rockwell, of Georgia,[60] "that its constituent +portions, its living stones, should be less perfect or less a type of +their great original, than the immaculate material which formed the +earthly dwelling place of the God of their adoration." If, then, as I +presume it will be readily conceded, by all except those who erroneously +suppose the institution to have been once wholly operative and afterwards +wholly speculative, perfection is required in a candidate, not for the +physical reason that he may be enabled to give the necessary signs of +recognition, but because the defect would destroy the symbolism of that +perfect stone which every Mason is supposed to represent in the spiritual +temple, we thus arrive at a knowledge of the causes which moved the +legislators of Masonry to enact the law, and we see at once, and without +doubt, that the words _perfect youth_ are to be taken in an unqualified +sense, as signifying one who has "his right limbs as a man ought to +have."[61] + +It is, however, but fair to state that the remaining clause of the old +charge, which asserts that the candidate must have no maim or defect that +may render him incapable of learning the art, has been supposed to intend +a modification of the word "perfect," and to permit the admission of one +whose maim or defect was not of such a nature as to prevent his learning +the art of Masonry. But I would respectfully suggest that a criticism of +this kind is based upon a mistaken view of the import of the words. The +sentence is not that the candidate must have no such maim or defect as +might, by possibility, prevent him from learning the art; though this is +the interpretation given by those who are in favor of admitting slightly +maimed candidates. It is, on the contrary, so worded as to give a +consequential meaning to the word "_that_." He must have no maim or defect +_that_ may render him incapable; that is, _because_, by having such maim +or defect, he would be rendered incapable of acquiring our art. + +In the Ahiman Rezon published by Laurence Dermott in 1764, and adopted for +the government of the Grand Lodge of Ancient York Masons in England, and +many of the Provincial Grand and subordinate lodges of America, the +regulation is laid down that candidates must be "men of good report, +free-born, of mature age, not deformed nor dismembered at the time of +their making, and no woman or eunuch." It is true that at the present day +this book possesses no legal authority among the craft; but I quote it, to +show what was the interpretation given to the ancient law by a large +portion, perhaps a majority, of the English and American Masons in the +middle of the eighteenth century. + +A similar interpretation seems at all times to have been given by the +Grand Lodges of the United States, with the exception of some, who, within +a few years past, have begun to adopt a more latitudinarian construction. + +In Pennsylvania it was declared, in 1783, that candidates are not to be +"deformed or dismembered at the time of their making." + +In South Carolina the book of Constitutions, first published in 1807, +requires that "every person desiring admission must be upright in body, +not deformed or dismembered at the time of making, but of hale and entire +limbs, as a man ought to be." + +In the "Ahiman Rezon and Masonic Ritual," published by order of the Grand +Lodge of North Carolina and Tennessee, in the year 1805, candidates are +required to be "hale and sound, not deformed or dismembered at the time of +their making."[62] + +Maryland, in 1826, sanctioned the Ahiman Rezon of Cole, which declares +the law in precisely the words of South Carolina, already quoted. + +In 1823, the Grand Lodge of Missouri unanimously adopted a report, which +declared that all were to be refused admission who were not "sound in mind +and _all their members_," and she adopted a resolution asserting that "the +Grand Lodge cannot grant a letter or dispensation to a subordinate lodge +working under its jurisdiction, to initiate any person maimed, disabled, +or wanting the qualifications establishing by ancient usage."[63] + +But it is unnecessary to multiply instances. There never seems to have +been any deviation from the principle that required absolute physical +perfection, until, within a few years, the spirit of expediency[64] has +induced some Grand Lodges to propose a modified construction of the law, +and to admit those whose maims or deformities were not such as to prevent +them from complying with the ceremonial of initiation. Still, a large +number of the Grand Lodges have stood fast by the ancient landmark, and it +is yet to be hoped that all will return to their first allegiance. The +subject is an important one, and, therefore, a few of the more recent +authorities, in behalf of the old law may with advantage be cited. + +"We have examined carefully the arguments 'pro and con,' that have +accompanied the proceedings of the several Grand Lodges, submitted to us, +and the conviction has been forced upon our minds, even against our wills, +that we depart from the ancient landmarks and usages of Masonry, whenever +we admit an individual wanting in one of the human senses, or who is in +any particular maimed or deformed."--_Committee of Correspondence G. Lodge +of Georgia_, 1848, _page_ 36. + +"The rationale of the law, excluding persons physically imperfect and +deformed, lies deeper and is more ancient than the source ascribed to +it.[65] It is grounded on a principle recognized in the earliest ages of +the world; and will be found identical with that which obtained among the +ancient Jews. In this respect the Levitical law was the same as the +masonic, which would not allow any 'to go in unto the vail' who had a +blemish--a blind man, or a lame, or a man that was broken-footed, or +broken-handed, or a dwarf, &c.... + +"The learned and studious Freemasonic antiquary can satisfactorily explain +the metaphysics of this requisition in our Book of Constitutions. For the +true and faithful Brother it sufficeth to know that such a requisition +exists. He will prize it the more because of its antiquity.... No man can +in perfection be 'made a Brother,' no man can truly 'learn our mysteries,' +and practice them, or 'do the work of a Freemason,' if he is not a _man_ +with body free from maim, defect and deformity."--_Report of a Special +Committee of the Grand Lodge of New York, in_ 1848.[66] + +"The records of this Grand Lodge may be confidently appealed to, for +proofs of her repeated refusal to permit maimed persons to be initiated, +and not simply on the ground that ancient usage forbids it, but because +the fundamental constitution of the Order--the ancient charges--forbid +it."--_Committee of Correspondence of New York, for 1848, p. 70._ + +"The lodges subordinate to this Grand Lodge are hereby required, in the +initiation of applicants for Masonry, to adhere to the ancient law (as +laid down in our printed books), which says he shall be of _entire +limbs_"--_Resolution of the G.L. of Maryland, November, 1848._ + +"I received from the lodge at Ashley a petition to initiate into our Order +a gentleman of high respectability, who, unfortunately, has been maimed. I +refused my assent.... I have also refused a similar request from the lodge +of which I am a member. The fact that the most distinguished masonic body +on earth has recently removed one of the landmarks, should teach _us_ to +be careful how we touch those ancient boundaries."--_Address of the Grand +Master of New Jersey in 1849._ + +"The Grand Lodge of Florida adopted such a provision in her constitution, +[the qualifying clause permitting the initiation of a maimed person, if +his deformity was not such as to prevent his instruction], but more +mature reflection, and more light reflected from our sister Grand Lodges, +caused it to be stricken from our constitution."--_Address of Gov. Tho. +Brown, Grand Master of Florida in_ 1849. + +"As to the physical qualifications, the Ahiman Rezon leaves no doubt on +the subject, but expressly declares, that every applicant for initiation +must be a man, free-born, of lawful age, in the perfect enjoyment of his +senses, hale, and sound, and not deformed or dismembered; this is one of +the ancient landmarks of the Order, which it is in the power of no body of +men to change. A man having but one arm, or one leg, or who is in anyway +deprived of his due proportion of limbs and members, is as incapable of +initiation as a woman."--_Encyclical Letter of the Grand Lodge of South +Carolina to its subordinates in_ 1849. + +Impressed, then, by the weight of these authorities, which it would be +easy, but is unnecessary, to multiply--guided by a reference to the +symbolic and speculative (not operative) reason of the law--and governed +by the express words of the regulation of 1683--I am constrained to +believe that the spirit as well as the letter of our ancient landmarks +require that a candidate for admission should be perfect in all his +parts, that is, neither redundant nor deficient, neither deformed nor +dismembered, but of hale and entire limbs, as a man ought to be. + + + +Section III. + +_Of the Intellectual Qualifications of Candidates._ + + +The Old Charges and Ancient Constitutions are not as explicit in relation +to the intellectual as to the moral and physical qualifications of +candidates, and, therefore, in coming to a decision on this subject, we +are compelled to draw our conclusions from analogy, from common sense, and +from the peculiar character of the institution. The question that here +suggests itself on this subject is, what particular amount of human +learning is required as a constitutional qualification for initiation? + +During a careful examination of every ancient document to which I have had +access, I have met with no positive enactment forbidding the admission of +uneducated persons, even of those who can neither read nor write. The +unwritten, as well as the written laws of the Order, require that the +candidate shall be neither a _fool_ nor an _idiot_, but that he shall +possess a discreet judgment, and be in the enjoyment of all the senses of +a man. But one who is unable to subscribe his name, or to read it when +written, might still very easily prove himself to be within the +requirements of this regulation. The Constitutions of England, formed +since the union of the two Grand Lodges in 1813, are certainly explicit +enough on this subject. They require even more than a bare knowledge of +reading and writing, for, in describing the qualifications of a candidate, +they say: + +"He should be a lover of the liberal arts and sciences, and have made some +progress in one or other of them; and he must, previous to his initiation, +subscribe his name at full length, to a declaration of the following +import," etc. And in a note to this regulation, it is said, "Any +individual who cannot write is, consequently, ineligible to be admitted +into the Order." If this authority were universal in its character, there +would be no necessity for a further discussion of the subject. But the +modern constitutions of the Grand Lodge of England are only of force +within its own jurisdiction, and we are therefore again compelled to +resort to a mode of reasoning for the proper deduction of our conclusions +on this subject. + +It is undoubtedly true that in the early period of the world, when +Freemasonry took its origin, the arts of reading and writing were not so +generally disseminated among all classes of the community as they now are, +when the blessings of a common education can be readily and cheaply +obtained. And it may, therefore, be supposed that among our ancient +Brethren there were many who could neither read nor write. But after all, +this is a mere assumption, which, although it may be based on probability, +has no direct evidence for its support. And, on the other hand, we see +throughout all our ancient regulations, that a marked distinction was made +by our rulers between the Freemason and the Mason who was not free; as, +for instance, in the conclusion of the fifth chapter of the Ancient +Charges, where it is said: "No laborer shall be employed in the common +work of Masonry, nor shall Freemasons work with those who are not free, +without an urgent necessity." And this would seem to indicate a higher +estimation by the fraternity of their own character, which might be +derived from their greater attainments in knowledge. That in those days +the ordinary operative masons could neither read nor write, is a fact +established by history. But it does not follow that the Freemasons, who +were a separate society of craftsmen, were in the same unhappy category; +it is even probable, that the fact that they were not so, but that they +were, in comparison with the unaccepted masons, educated men, may have +been the reason of the distinction made between these two classes of +workmen. + +But further, all the teachings of Freemasonry are delivered on the +assumption that the recipients are men of some education, with the means +of improving their minds and increasing their knowledge. Even the Entered +Apprentice is reminded, by the rough and perfect ashlars, of the +importance and necessity of a virtuous education, in fitting him for the +discharge of his duties. To the Fellow Craft, the study of the liberal +arts and sciences is earnestly recommended; and indeed, that sacred +hieroglyphic, the knowledge of whose occult signification constitutes the +most solemn part of his instruction, presupposes an acquaintance at least +with the art of reading. And the Master Mason is expressly told in the +explanation of the forty-seventh problem of Euclid, as one of the symbols +of the third degree, that it was introduced into Masonry to teach the +Brethren the value of the arts and sciences, and that the Mason, like the +discoverer of the problem, our ancient Brother Pythagoras, should be a +diligent cultivator of learning. Our lectures, too, abound in allusions +which none but a person of some cultivation of mind could understand or +appreciate, and to address them, or any portion of our charges which refer +to the improvement of the intellect and the augmentation of knowledge, to +persons who can neither read nor write, would be, it seems to us, a +mockery unworthy of the sacred character of our institution. + +From these facts and this method of reasoning, I deduce the conclusion +that the framers of Masonry, in its present organization as a speculative +institution, must have intended to admit none into its fraternity whose +minds had not received some preliminary cultivation, and I am, therefore, +clearly of opinion, that a person who cannot read and write is not legally +qualified for admission. + +As to the inexpediency of receiving such candidates, there can be no +question or doubt. If Masonry be, as its disciples claim for it, a +scientific institution, whose great object is to improve the understanding +and to enlarge and adorn the mind, whose character cannot be appreciated, +and whose lessons of symbolic wisdom cannot be acquired, without much +studious application, how preposterous would it be to place, among its +disciples, one who had lived to adult years, without having known the +necessity or felt the ambition for a knowledge of the alphabet of his +mother tongue? Such a man could make no advancement in the art of Masonry; +and while he would confer no substantial advantage on the institution, he +would, by his manifest incapacity and ignorance, detract, in the eyes of +strangers, from its honor and dignity as an intellectual society. + +Idiots and madmen are excluded from admission into the Order, for the +evident reason that the former from an absence, and the latter from a +perversion of the intellectual faculties, are incapable of comprehending +the objects, or of assuming the responsibilities and obligations of the +institution. + +A question here suggests itself whether a person of present sound mind, +but who had formerly been deranged, can legally be initiated. The answer +to this question turns on the fact of his having perfectly recovered. If +the present sanity of the applicant is merely a lucid interval, which +physicians know to be sometimes vouched to lunatics, with the absolute +certainty, or at best, the strong probability, of an eventual return to a +state of mental derangement, he is not, of course, qualified for +initiation. But if there has been a real and durable recovery (of which a +physician will be a competent judge), then there can be no possible +objection to his admission, if otherwise eligible. We are not to look to +what the candidate once was, but to what he now is. + +Dotage, or the mental imbecility produced by excessive old age, is also a +disqualification for admission. Distinguished as it is by puerile desires +and pursuits, by a failure of the memory, a deficiency of the judgment, +and a general obliteration of the mental powers, its external signs are +easily appreciated, and furnish at once abundant reason why, like idiots +and madmen, the superannuated dotard is unfit to be the recipient of our +mystic instructions. + + + +Section IV. + +_Of the Political Qualifications of Candidates._ + + +The Constitutions of Masonry require, as the only qualification referring +to the political condition of the candidate, or his position in society, +that he shall be _free-born_. The slave, or even the man born in +servitude--though he may, subsequently, have obtained his liberty--is +excluded by the ancient regulations from initiation. The non-admission of +a slave seems to have been founded upon the best of reasons; because, as +Freemasonry involves a solemn contract, no one can legally bind himself to +its performance who is not a free agent and the master of his own actions. +That the restriction is extended to those who were originally in a servile +condition, but who may have since acquired their liberty, seems to depend +on the principle that birth, in a servile condition, is accompanied by a +degradation of mind and abasement of spirit, which no subsequent +disenthralment can so completely efface as to render the party qualified +to perform his duties, as a Mason, with that "freedom, fervency, and +zeal," which are said to have distinguished our ancient Brethren. +"Children," says Oliver, "cannot inherit a free and noble spirit except +they be born of a free woman." + +The same usage existed in the spurious Freemasonry or the Mysteries of the +ancient world. There, no slave, or men born in slavery, could be +initiated; because, the prerequisites imperatively demanded that the +candidate should not only be a man of irreproachable manners, but also a +free-born denizen of the country in which the mysteries were celebrated. + +Some masonic writers have thought that, in this regulation in relation to +free birth, some allusion is intended, both in the Mysteries and in +Freemasonry, to the relative conditions and characters of Isaac and +Ishmael. The former--the accepted one, to whom the promise was given--was +the son of a free woman, and the latter, who was cast forth to have "his +hand against every man, and every man's hand against him," was the child +of a slave. Wherefore, we read that Sarah demanded of Abraham, "Cast out +this bondwoman and her son; for the son of the bondwoman shall not be heir +with my son." Dr. Oliver, in speaking of the grand festival with which +Abraham celebrated the weaning of Isaac, says, that he "had not paid the +same compliment at the weaning of Ishmael, because he was the son of a +bondwoman, and, consequently, could not be admitted to participate in the +Freemasonry of his father, which could only be conferred on free men born +of free women." The ancient Greeks were of the same opinion; for they used +the word [Greek: douloprepeia] or, "slave manners," to designate any very +great impropriety of manners. + +The Grand Lodge of England extends this doctrine, that Masons should be +free in all their thoughts and actions, so far, that it will not permit +the initiation of a candidate who is only temporarily deprived of his +liberty, or even in a place of confinement. In the year 1782, the Master +of the Royal Military Lodge, at Woolwich, being confined, most probably +for debt, in the King's Bench prison, at London, the lodge, which was +itinerant in its character, and allowed to move from place to place with +its regiment, adjourned, with its warrant of constitution, to the Master +in prison, where several Masons were made. The Grand Lodge, being informed +of the circumstances, immediately summoned the Master and Wardens of the +lodge "to answer for their conduct in making Masons in the King's Bench +prison," and, at the same time, adopted a resolution, affirming that "it +is inconsistent with the principles of Freemasonry for any Freemason's +lodge to be held, for the purposes of making, passing, or raising Masons, +in any prison or place of confinement." + + + +Section V. + +_Of the Petition of Candidates for Admission, and the Action thereon_. + + +The application of a candidate to a lodge, for initiation, is called a +"petition." This petition should always be in writing, and generally +contains a statement of the petitioner's age, occupation, and place of +residence, and a declaration of the motives which have prompted the +application, which ought to be "a favorable opinion conceived of the +institution and a desire of knowledge."[67] This petition must be +recommended by at least two members of the lodge. + +The petition must be read at a stated or regular communication of the +lodge, and referred to a committee of three members for an investigation +of the qualifications and character of the candidate. The committee having +made the necessary inquiries, will report the result at the next regular +communication and not sooner. + +The authority for this deliberate mode of proceeding is to be found in the +fifth of the 39 General Regulations, which is in these words: + +"No man can be made or admitted a member of a particular lodge, without +previous notice one month before given to the said lodge, in order to make +due inquiry into the reputation and capacity of the candidate; unless by +dispensation aforesaid." + +The last clause in this article provides for the only way in which this +probation of a month can be avoided, and that is when the Grand Master, +for reasons satisfactory to himself, being such as will constitute what is +called (sometimes improperly) a case of emergency, shall issue a +dispensation permitting the lodge to proceed forthwith to the election. + +But where this dispensation has not been issued, the committee should +proceed diligently and faithfully to the discharge of their responsible +duty. They must inquire into the moral, physical, intellectual and +political qualifications of the candidate, and make their report in +accordance with the result of their investigations. + +The report cannot be made at a special communication, but must always be +presented at a regular one. The necessity of such a rule is obvious. As +the Master can at any time within his discretion convene a special meeting +of his lodge, it is evident that a presiding officer, if actuated by an +improper desire to intrude an unworthy and unpopular applicant upon the +craft, might easily avail himself for that purpose of an occasion when the +lodge being called for some other purpose, the attendance of the members +was small, and causing a ballot to be taken, succeed in electing a +candidate, who would, at a regular meeting, have been blackballed by some +of those who were absent from the special communication. + +This regulation is promulgated by the Grand Lodge of England, in the +following words: "No person shall be made a Mason without a regular +proposition at one lodge and a ballot at the next regular stated lodge;" +it appears to have been almost universally adopted in similar language by +the Grand Lodges of this country; and, if the exact words of the law are +wanting in any of the Constitutions, the general usage of the craft has +furnished an equivalent authority for the regulation. + +If the report of the committee is unfavorable, the candidate should be +considered as rejected, without any reference to a ballot. This rule is +also founded in reason. If the committee, after a due inquiry into the +character of the applicant, find the result so disadvantageous to him as +to induce them to make an unfavorable report on his application, it is to +be presumed that on a ballot they would vote against his admission, and as +their votes alone would be sufficient to reject him, it is held +unnecessary to resort in such a case to the supererogatory ordeal of the +ballot. It would, indeed, be an anomalous proceeding, and one which would +reflect great discredit on the motives and conduct of a committee of +inquiry, were its members first to report against the reception of a +candidate, and then, immediately afterwards, to vote in favor of his +petition. The lodges will not suppose, for the honor of their committees, +that such a proceeding will take place, and accordingly the unfavorable +report of the committee is always to be considered as a rejection. + +Another reason for this regulation seems to be this. The fifth General +Regulation declares that no Lodge should ever make a Mason without "due +inquiry" into his character, and as the duty of making this inquiry is +entrusted to a competent committee, when that committee has reported that +the applicant is unworthy to be made a Mason, it would certainly appear to +militate against the spirit, if not the letter, of the regulation, for the +lodge, notwithstanding this report, to enter into a ballot on the +petition. + +But should the committee of investigation report favorably, the lodge will +then proceed to a ballot for the candidate; but, as this forms a separate +and important step in the process of "making Masons," I shall make it the +subject of a distinct section. + + + +Section VI. + +_Of Balloting for Candidates._ + + +The Thirty-nine Regulations do not explicitly prescribe the ballot-box as +the proper mode of testing the opinion of the lodge on the merits of a +petition for initiation. The sixth regulation simply says that the consent +of the members is to be "formally asked by the Master; and they are to +signify their assent or dissent _in their own prudent way_ either +virtually or in form, but with unanimity." Almost universal usage has, +however, sanctioned the ballot box and the use of black and white balls as +the proper mode of obtaining the opinion of the members. + +From the responsibility of expressing this opinion, and of admitting a +candidate into the fraternity or of repulsing him from it, no Mason is +permitted to shrink. In balloting on a petition, therefore, every member +of the Lodge is expected to vote; nor can he be excused from the discharge +of this important duty, except by the unanimous consent of his Brethren. +All the members must, therefore, come up to the performance of this trust +with firmness, candor, and a full determination to do what is right--to +allow no personal timidity to forbid the deposit of a black ball, if the +applicant is unworthy, and no illiberal prejudices to prevent the +deposition of a white one, if the character and qualifications of the +candidate are unobjectionable. And in all cases where a member himself has +no personal or acquired knowledge of these qualifications, he should rely +upon and be governed by the recommendation of his Brethren of the +Committee of Investigation, who he has no right to suppose would make a +favorable report on the petition of an unworthy applicant.[68] + +The great object of the ballot is, to secure the independence of the +voter; and, for this purpose, its secrecy should be inviolate. And this +secrecy of the ballot gives rise to a particular rule which necessarily +flows out of it. + +No Mason can be called to an account for the vote which he has deposited. +The very secrecy of the ballot is intended to secure the independence and +irresponsibility to the lodge of the voter. And, although it is +undoubtedly a crime for a member to vote against the petition of an +applicant on account of private pique or personal prejudice, still the +lodge has no right to judge that such motives alone actuated him. The +motives of men, unless divulged by themselves, can be known only to God; +"and if," as Wayland says, "from any circumstances we are led to entertain +any doubts of the motives of men, we are bound to retain these doubts +within our own bosoms." Hence, no judicial notice can be or ought to be +taken by a lodge of a vote cast by a member, on the ground of his having +been influenced by improper motives, because it is impossible for the +lodge legally to arrive at the knowledge; in the first place, of the vote +that he has given, and secondly, of the motives by which he has been +controlled. + +And even if a member voluntarily should divulge the nature of his vote and +of his motives, it is still exceedingly questionable whether the lodge +should take any notice of the act, because by so doing the independence of +the ballot might be impaired. It is through a similar mode of reasoning +that the Constitution of the United States provides, that the members of +Congress shall not be questioned, in any other place, for any speech or +debate in either House. As in this way the freedom of debate is preserved +in legislative bodies, so in like manner should the freedom of the ballot +be insured in lodges. + +The sixth General Regulation requires unanimity in the ballot. Its +language is: "but no man can be entered a Brother in any particular lodge, +or admitted to be a member thereof, without the _unanimous consent of all +the members of that lodge_ then present when the candidate is proposed." +This regulation, it will be remembered, was adopted in 1721. But in the +"New Regulations," adopted in 1754, and which are declared to have been +enacted "only for amending or explaining the Old Regulations for the good +of Masonry, without breaking in upon the ancient rules of the fraternity, +still preserving the old landmarks," it is said: "but it was found +inconvenient to insist upon unanimity in several cases; and, therefore, +the Grand Masters have allowed the lodges to admit a member, if not above +three black balls are against him; though some lodges desire no such +allowance."[69] + +The Grand Lodge of England still acts under this new regulation, and +extends the number of black balls which will reject to three, though it +permits its subordinates, if they desire it, to require unanimity. But +nearly all the Grand Lodges of this country have adhered to the old +regulation, which is undoubtedly the better one, and by special enactment +have made the unanimous consent of all the Brethren present necessary to +the election of a candidate. + +Another question here suggests itself. Can a member, who by the bye-laws +of his lodge is disqualified from the exercise of his other franchises as +a member, in consequence of being in arrears beyond a certain amount, be +prevented from depositing his ballot on the application of a candidate? +That by such a bye-law he may be disfranchised of his vote in electing +officers, or of the right to hold office, will be freely admitted. But the +words of the old regulation seem expressly, and without equivocation, to +require that _every member present_ shall vote. The candidate shall only +be admitted "by the unanimous consent of all the members of that lodge +then present when the candidate is proposed." This right of the members to +elect or reject their candidates is subsequently called "an inherent +privilege," which is not subject to a dispensation. The words are +explicit, and the right appears to be one guaranteed to every member so +long as he continues a member, and of which no bye-law can divest him as +long as the paramount authority of the Thirty-nine General Regulations is +admitted. I should say, then, that every member of a lodge present at +balloting for a candidate has a right to deposit his vote; and not only a +right, but a duty which he is to be compelled to perform; since, without +the unanimous consent of all present, there can be no election. + +Our written laws are altogether silent as to the peculiar ceremonies which +are to accompany the act of balloting, which has therefore been generally +directed by the local usage of different jurisdictions. Uniformity, +however, in this, as in all other ritual observances, is to be commended, +and I shall accordingly here describe the method which I have myself +preferred and practised in balloting for candidates, and which is the +custom adopted in the jurisdiction of South Carolina.[70] + +The committee of investigation having reported favorably, the Master of +the lodge directs the Senior Deacon to prepare the ballot box. The mode in +which this is accomplished is as follows:--The Senior Deacon takes the +ballot box, and, opening it, places all the white and black balls +indiscriminately in one compartment, leaving the other entirely empty. He +then proceeds with the box to the Junior and Senior Wardens, who satisfy +themselves by an inspection that no ball has been left in the compartment +in which the votes are to be deposited. I remark here, in passing, that +the box, in this and the other instance to be referred to hereafter, is +presented to the inferior officer first, and then to his superior, that +the examination and decision of the former may be substantiated and +confirmed by the higher authority of the latter. Let it, indeed, be +remembered, that in all such cases the usage of masonic _circumambulation_ +is to be observed, and that, therefore, we must first pass the Junior's +station before we can get to that of the Senior Warden. + +These officers having thus satisfied themselves that the box is in a +proper condition for the reception of the ballots, it is then placed upon +the altar by the Senior Deacon, who retires to his seat. The Master then +directs the Secretary to call the roll, which is done by commencing with +the Worshipful Master, and proceeding through all the officers down to the +youngest member. As a matter of convenience, the Secretary generally votes +the last of those in the room, and then, if the Tiler is a member of the +lodge, he is called in, while the Junior Deacon tiles for him, and the +name of the applicant having been told him, he is directed to deposit his +ballot, which he does, and then retires. + +As the name of each officer and member is called he approaches the altar, +and having made the proper masonic salutation to the Chair, he deposits +his ballot and retires to his seat. The roll should be called slowly, so +that at no time should there be more than one person present at the box; +for, the great object of the ballot being secrecy, no Brother should be +permitted so near the member voting as to distinguish the color of the +ball he deposits. + +The box is placed on the altar, and the ballot is deposited with the +solemnity of a masonic salutation, that the voters may be duly impressed +with the sacred and responsible nature of the duty they are called on to +discharge. The system of voting thus described, is, therefore, far better +on this account than the one sometimes adopted in lodges, of handing round +the box for the members to deposit their ballots from their seats + +The Master having inquired of the Wardens if all have voted, then orders +the Senior Deacon to "take charge of the ballot box." That officer +accordingly repairs to the altar, and taking possession of the box, +carries it, as before, to the Junior Warden, who examines the ballot, and +reports, if all the balls are white, that "the box is clear in the South," +or, if there is one or more black balls, that "the box is foul in the +South." The Deacon then carries it to the Senior Warden, and afterwards to +the Master, who, of course, make the same report, according to the +circumstances, with the necessary verbal variation of "West" and "East." + +If the box is _clear_--that is, if all the ballots are white--the Master +then announces that the applicant has been duly elected, and the Secretary +makes a record of the fact. + +But if the box is declared to be _foul_, the Master inspects the number +of black balls; if he finds two, he declares the candidate to be rejected; +if only one, he so states the fact to the lodge, and orders the Senior +Deacon again to prepare the ballot box, and a second ballot is taken in +the same way. This is done lest a black ball might have been inadvertently +voted on the first ballot. If, on the second scrutiny, one black ball is +again found, the fact is announced by the Master, who orders the election +to lie over until the next stated meeting, and requests the Brother who +deposited the black ball to call upon him and state his reasons. At the +next stated meeting the Master announces these reasons to the lodge, if +any have been made known to him, concealing, of course, the name of the +objecting Brother. At this time the validity or truth of the objections +may be discussed, and the friends of the applicant will have an +opportunity of offering any defense or explanation. The ballot is then +taken a third time, and the result, whatever it may be, is final. As I +have already observed, in most of the lodges of this country, a +reappearance of the one black ball will amount to a rejection. In those +lodges which do not require unanimity, it will, of course, be necessary +that the requisite number of black balls must be deposited on this third +ballot to insure a rejection. But if, on inspection, the box is found to +be "clear," or without a black ball, the candidate is, of course, declared +to be elected. In any case, the result of the third ballot is final, nor +can it be set aside or reversed by the action of the Grand Master or Grand +Lodge; because, by the sixth General Regulation, already so frequently +cited, the members of every particular lodge are the best judges of the +qualifications of their candidates; and, to use the language of the +Regulation, "if a fractious member should be imposed on them, it might +spoil their harmony, or hinder their freedom, or even break and disperse +the lodge." + + + +Section VII. + +_Of the Reconsideration of the Ballot._ + + +There are, unfortunately, some men in our Order, governed, not by +essentially bad motives, but by frail judgments and by total ignorance of +the true object and design of Freemasonry, who never, under any +circumstances, have recourse to the black ball, that great bulwark of +Masonry, and are always more or less incensed when any more judicious +Brother exercises his privilege of excluding those whom he thinks unworthy +of participation in our mysteries. + +I have said, that these men are not governed by motives essentially bad. +This is the fact. They honestly desire the prosperity of the institution, +and they would not willfully do one act which would impede that +prosperity. But their judgments are weak, and their zeal is without +knowledge. They do not at all understand in what the true prosperity of +the Order consists, but really and conscientiously believing that its +actual strength will be promoted by the increase of the number of its +disciples; they look rather to the _quantity_ than to the _quality_ of the +applicants who knock at the doors of our lodges. + +Now a great difference in respect to the mode in which the ballot is +conducted, will be found in those lodges which are free from the presence +of such injudicious brethren, and others into which they have gained +admittance. + +In a lodge in which every member has a correct notion of the proper moral +qualifications of the candidates for Masonry, and where there is a general +disposition to work well with a few, rather than to work badly with many, +when a ballot is ordered, each Brother, having deposited his vote, +quietly and calmly waits to hear the decision of the ballot box announced +by the Chair. If it is "clear," all are pleased that another citizen has +been found worthy to receive a portion of the illuminating rays of +Masonry. If it is "foul," each one is satisfied with the adjudication, and +rejoices that, although knowing nothing himself against the candidate, +some one has been present whom a more intimate acquaintance with the +character of the applicant has enabled to interpose his veto, and prevent +the purity of the Order from being sullied by the admission of an unworthy +candidate. Here the matter ends, and the lodge proceeds to other business. + +But in a lodge where one of these injudicious and over-zealous Brethren is +present, how different is the scene. If the candidate is elected, he, too, +rejoices; but his joy is, that the lodge has gained one more member whose +annual dues and whose initiation fee will augment the amount of its +revenues. If he is rejected, he is indignant that the lodge has been +deprived of this pecuniary accession, and forthwith he sets to work to +reverse, if possible, the decision of the ballot box, and by a volunteer +defense of the rejected candidate, and violent denunciations of those who +opposed him, he seeks to alarm the timid and disgust the intelligent, so +that, on a _reconsideration_, they may be induced to withdraw their +opposition. + +The _motion for reconsideration_ is, then, the means generally adopted, by +such seekers after quantity, to insure the success of their efforts to +bring all into our fold who seek admission, irrespective of worth or +qualification. In other words, we may say, that _the motion for +reconsideration is the great antagonist of the purity and security of the +ballot box_. The importance, then, of the position which it thus assumes, +demands a brief discussion of the time and mode in which a ballot may be +reconsidered. + +In the beginning of the discussion, it may be asserted, that it is +competent for any brother to move a reconsideration of a ballot, or for a +lodge to vote on such a motion. The ballot is a part of the work of +initiating a candidate. It is the preparatory step, and is just as +necessary to his legal making as the obligation or the investiture. As +such, then, it is clearly entirely under the control of the Master. The +Constitutions of Masonry and the Rules and Regulations of every Grand and +Subordinate lodge prescribe the mode in which the ballot shall be +conducted, so that the sense of the members may be taken. The Grand Lodge +also requires that the Master of the lodge shall see that that exact mode +of ballot shall be pursued and no other, and it will hold him responsible +that there shall be no violation of the rule. If, then, the Master is +satisfied that the ballot has been regularly and correctly conducted, and +that no possible good, but some probable evil, would arise from its +reconsideration, it is not only competent for him, but it is his solemn +duty to refuse to permit any such reconsideration. A motion to that +effect, it may be observed, will always be out of order, although any +Brother may respectfully request the Worshipful Master to order such a +reconsideration, or suggest to him its propriety or expediency. + +If, however, the Master is not satisfied that the ballot is a true +indication of the sense of the lodge, he may, in his own discretion, order +a reconsideration. Thus there may be but one black ball;--now a single +black ball may sometimes be inadvertently cast--the member voting it may +have been favorably disposed towards the candidate, and yet, from the +hurry and confusion of voting, or from the dimness of the light or the +infirmity of his own eyes, or from some other equally natural cause, he +may have selected a black ball, when he intended to have taken a white +one. It is, therefore, a matter of prudence and necessary caution, that, +when only one black ball appears, the Master should order a new ballot. On +this second ballot, it is to be presumed that more care and vigilance will +be used, and the reappearance of the black ball will then show that it was +deposited designedly. + +But where two or three or more black balls appear on the first ballot, +such a course of reasoning is not authorized, and the Master will then be +right to refuse a reconsideration. The ballot has then been regularly +taken--the lodge has emphatically decided for a rejection, and any order +to renew the ballot would only be an insult to those who opposed the +admission of the applicant, and an indirect attempt to thrust an unwelcome +intruder upon the lodge. + +But although it is in the power of the Master, under the circumstances +which we have described, to order a reconsideration, yet this prerogative +is accompanied with certain restrictions, which it may be well to notice. + +In the first place, the Master cannot order a reconsideration on any other +night than that on which the original ballot was taken.[71] After the +lodge is closed, the decision of the ballot is final, and there is no +human authority that can reverse it. The reason of this rule is evident. +If it were otherwise, an unworthy Master (for, unfortunately, all Masters +are not worthy) might on any subsequent evening avail himself of the +absence of those who had voted black balls, to order a reconsideration, +and thus succeed in introducing an unfit and rejected candidate into the +lodge, contrary to the wishes of a portion of its members. + +Neither can he order a reconsideration on the same night, if any of the +Brethren who voted have retired. All who expressed their opinion on the +first ballot, must be present to express it on the second. The reasons for +this restriction are as evident as for the former, and are of the same +character. + +It must be understood, that I do not here refer to those reconsiderations +of the ballot which are necessary to a full understanding of the opinion +of the lodge, and which have been detailed in the ceremonial of the mode +of balloting, as it was described in the preceding Section. + +It may be asked whether the Grand Master cannot, by his dispensations, +permit a reconsideration. I answer emphatically, NO. The Grand Master +possesses no such prerogative. There is no law in the whole jurisprudence +of the institution clearer than this--that neither the Grand Lodge nor the +Grand Master can interfere with the decision of the ballot box. In +Anderson's Constitutions, the law is laid down, under the head of "Duty of +Members" (edition of 1755, p. 312), that in the election of candidates the +Brethren "are to give their consent in their own prudent way, either +virtually or in form, but with unanimity." And the regulation goes on to +say: "Nor is this inherent privilege _subject to a dispensation_, because +the members of a lodge are the best judges of it; and because, if a +turbulent member should be imposed upon them, it might spoil their +harmony, or hinder the freedom of their communications, or even break and +disperse the lodge." This settles the question. A dispensation to +reconsider a ballot would be an interference with the right of the members +"to give their consent in their own prudent way;" it would be an +infringement of an "inherent privilege," and neither the Grand Lodge nor +the Grand Master can issue a dispensation for such a purpose. Every lodge +must be left to manage its own elections of candidates in its own prudent +way. + +I conclude this section by a summary of the principles which have been +discussed, and which I have endeavored to enforce by a process of +reasoning which I trust may be deemed sufficiently convincing. They are +briefly these: + +1. It is never in order for a member to move for the reconsideration of a +ballot on the petition of a candidate for initiation, nor for a lodge to +entertain such a motion. + +2. The Master alone can, for reasons satisfactory to himself, order such a +reconsideration. + +3. The Master cannot order a reconsideration on any subsequent night, nor +on the same night, after any member, who was present and voted, has +departed. + +4. The Grand Master cannot grant a dispensation for a reconsideration, nor +in any other way interfere with the ballot. The same restriction applies +to the Grand Lodge. + + + +Section VIII. + +_Of the Renewal of Applications by Rejected Candidates._ + + +As it is apparent from the last section that there can be no +reconsideration by a lodge of a rejected petition, the question will +naturally arise, how an error committed by a lodge, in the rejection of a +worthy applicant, is to be corrected, or how such a candidate, when once +rejected, is ever to make a second trial, for it is, of course, admitted, +that circumstances may occur in which a candidate who had been once +blackballed might, on a renewal of his petition, be found worthy of +admission. He may have since reformed and abandoned the vicious habits +which caused his first rejection, or it may have been since discovered +that that rejection was unjust. How, then, is such a candidate to make a +new application? + +It is a rule of universal application in Masonry, that no candidate, +having been once rejected, can apply to any other lodge for admission, +except to the one which rejected him. Under this regulation the course of +a second application is as follows: + +Some Grand Lodges have prescribed that, when a candidate has been +rejected, it shall not be competent for him to apply within a year, six +months, or some other definite period. This is altogether a local +regulation--there is no such law in the Ancient Constitutions--and +therefore, where the regulations of the Grand Lodge of the jurisdiction +are silent upon the subject, general principles direct the following as +the proper course for a rejected candidate to pursue on a second +application. He must send in a new letter, recommended and vouched for as +before, either by the same or other Brethren--it must be again referred to +a committee--lie over for a month--and the ballot be then taken as is +usual in other cases. It must be treated in all respects as an entirely +new petition, altogether irrespective of the fact that the same person had +ever before made an application. In this way due notice will be given to +the Brethren, and all possibility of an unfair election will be avoided. + +If the local regulations are silent upon the subject, the second +application may be made at any time after the rejection of the first, all +that is necessary being, that the second application should pass through +the same ordeal and be governed by the same rules that prevail in relation +to an original application. + + + +Section IX. + +_Of the necessary Probation and due Proficiency of Candidates before +Advancement_. + + +There is, perhaps, no part of the jurisprudence of Masonry which it is +more necessary strictly to observe than that which relates to the +advancement of candidates through the several degrees. The method which is +adopted in passing Apprentices and raising Fellow Crafts--the probation +which they are required to serve in each degree before advancing to a +higher--and the instructions which they receive in their progress, often +materially affect the estimation which is entertained of the institution +by its initiates. The candidate who long remains at the porch of the +temple, and lingers in the middle chamber, noting everything worthy of +observation in his passage to the holy of holies, while he better +understands the nature of the profession upon which he has entered, will +have a more exalted opinion of its beauties and excellencies than he who +has advanced, with all the rapidity that dispensations can furnish, from +the lowest to the highest grades of the Order. In the former case, the +design, the symbolism, the history, and the moral and philosophical +bearing of each degree will be indelibly impressed upon the mind, and the +appositeness of what has gone before to what is to succeed will be readily +appreciated; but, in the latter, the lessons of one hour will be +obliterated by those of the succeeding one; that which has been learned in +one degree, will be forgotten in the next; and when all is completed, and +the last instructions have been imparted, the dissatisfied neophyte will +find his mind, in all that relates to Masonry, in a state of chaotic +confusion. Like Cassio, he will remember "a mass of things, but nothing +distinctly." + +An hundred years ago it was said that "Masonry was a progressive science, +and not to be attained in any degree of perfection, but by time, patience, +and a considerable degree of application and industry."[72] And it is +because that due proportion of time, patience and application, has not +been observed, that we so often see Masons indifferent to the claims of +the institution, and totally unable to discern its true character. The +arcana of the craft, as Dr. Harris remarks, should be gradually imparted +to its members, according to their improvement. + +There is no regulation of our Order more frequently repeated in our +constitutions, nor one which should be more rigidly observed, than that +which requires of every candidate a "suitable proficiency" in one degree, +before he is permitted to pass to another. But as this regulation is too +often neglected, to the manifest injury of the whole Order, as well as of +the particular lodge which violates it, by the introduction of ignorant +and unskillful workmen into the temple, it may be worth the labor we shall +spend upon the subject, to investigate some of the authorities which +support us in the declaration, that no candidate should be promoted, +until, by a due probation, he has made "suitable proficiency in the +preceding degree." + +In one of the earliest series of regulations that have been +preserved--made in the reign of Edward III., it was ordained, "that such +as were to be admitted Master Masons, or Masters of work, should be +examined whether they be able of cunning to serve their respective Lords, +as well the lowest as the highest, to the honor and worship of the +aforesaid art, and to the profit of their Lords." + +Here, then, we may see the origin of that usage, which is still practiced +in every well governed lodge, not only of demanding a proper degree of +proficiency in the candidate, but also of testing that proficiency by an +examination. + +This cautious and honest fear of the fraternity, lest any Brother should +assume the duties of a position which he could not faithfully discharge, +and which is, in our time, tantamount to a candidate's advancing to a +degree for which he is not prepared, is again exhibited in the charges +enacted in the reign of James II., the manuscript of which was preserved +in the archives of the Lodge of Antiquity in London. In these charges it +is required, "that no Mason take on no lord's worke, nor any other man's, +unless he know himselfe well able to perform the worke, so that the craft +have no slander." In the same charges, it is prescribed that "no master, +or fellow, shall take no apprentice for less than seven years." + +In another series of charges, whose exact date is not ascertained, but +whose language and orthography indicate their antiquity, it is said: "Ye +shall ordain the wisest to be Master of the work; and neither for love nor +lineage, riches nor favor, set one over the work[73] who hath but little +knowledge, whereby the Master would be evil served, and ye ashamed." + +These charges clearly show the great stress that was placed by our ancient +Brethren upon the necessity of skill and proficiency, and they have +furnished the precedents upon which are based all the similar regulations +that have been subsequently applied to Speculative Masonry. + +In the year 1722, the Grand Lodge of England ordered the "Old Charges of +the Free and Accepted Masons" to be collected from the ancient records, +and, having approved of them, they became a part of the Constitutions of +Speculative Freemasonry. In these Charges, it is ordained that "a younger +Brother shall be instructed in working, to prevent spoiling the materials +for want of judgment, and for increasing and continuing of brotherly +love." + +Subsequently, in 1767, it was declared by the Grand Lodge, that "no lodge +shall be permitted to make and raise the same Brother, at one and the same +meeting, without a dispensation from the Grand Master, or his Deputy;" +and, lest too frequent advantage should be taken of this power of +dispensation, to hurry candidates through the degrees, it is added that +the dispensation, "_on very particular occasions only_, may be +requested." + +The Grand Lodge of England afterwards found it necessary to be more +explicit on this subject, and the regulation of that body is now contained +in the following language: + +"No candidate shall be permitted to receive more than one degree on the +same day, nor shall a higher degree in Masonry be conferred on any Brother +at a less interval than four weeks from his receiving a previous degree, +nor until he has passed an examination in open lodge in that degree."[74] + +This seems to be the recognized principle on which the fraternity are, at +this day, acting in this country. The rule is, perhaps, sometimes, and in +some places, in abeyance. A few lodges, from an impolitic desire to +increase their numerical strength, or rapidly to advance men of worldly +wealth or influence to high stations in the Order, may infringe it, and +neglect to demand of their candidates that suitable proficiency which +ought to be, in Masonry, an essential recommendation to promotion; but the +great doctrine that each degree should be well studied, and the candidate +prove his proficiency in it by an examination, has been uniformly set +forth by the Grand Lodge of the United States, whenever they have +expressed an opinion on the subject. + +Thus, for instance, in 1845, the late Bro. A.A. Robertson, Grand Master of +New York, gave utterance to the following opinion, in his annual address +to the intelligent body over which he presided: + +"The practice of examining candidates in the prior degrees, before +admission to the higher, in order to ascertain their proficiency, is +gaining the favorable notice of Masters of lodges, and cannot be too +highly valued, nor too strongly recommended to all lodges in this +jurisdiction. It necessarily requires the novitiate to reflect upon the +bearing of all that has been so far taught him, and consequently to +impress upon his mind the beauty and utility of those sublime truths, +which have been illustrated in the course of the ceremonies he has +witnessed in his progress in the mystic art. In a word, it will be the +means of making competent overseers of the work--and no candidate should +be advanced, until he has satisfied the lodge, by such examination, that +he has made the necessary proficiency in the lower degrees."[75] + +In 1845, the Grand Lodge of Iowa issued a circular to her subordinates, +in which she gave the following admonition: + +"To guard against hasty and improper work, she prohibits a candidate from +being advanced till he has made satisfactory proficiency in the preceding +degrees, by informing himself of the lectures pertaining thereto; and to +suffer a candidate to proceed who is ignorant in this essential +particular, is calculated in a high degree to injure the institution and +retard its usefulness." + +The Grand Lodge of Illinois has practically declared its adhesion to the +ancient regulation; for, in the year 1843, the dispensation of Nauvoo +Lodge, one of its subordinates, was revoked principally on the ground that +she was guilty "of pushing the candidate through the second and third +degrees, before he could possibly be skilled in the preceding degree." And +the committee who recommended the revocation, very justly remarked that +they were not sure that any length of probation would in all cases insure +skill, but they were certain that the ancient landmarks of the Order +required that the lodge should know that the candidate is well skilled in +one degree before being admitted to another. + +The Grand Lodges of Massachusetts and South Carolina have adopted, almost +in the precise words, the regulation of the Grand Lodge of England, +already cited, which requires an interval of one month to elapse between +the conferring of degrees. The Grand Lodge of New Hampshire requires a +greater probation for its candidates; its constitution prescribes the +following regulation: "All Entered Apprentices must work five months as +such, before they can be admitted to the degree of Fellow Craft. All +Fellow Crafts must work in a lodge of Fellow Crafts three months, before +they can be raised to the sublime degree of Master Mason. Provided, +nevertheless, that if any Entered Apprentice, or Fellow Craft, shall make +himself thoroughly acquainted with all the information belonging to his +degree, he may be advanced at an earlier period, at the discretion of the +lodge." + +But, perhaps, the most stringent rule upon this subject, is that which +exists in the Constitution of the Grand Lodge of Hanover, which is in the +following words: + +"No Brother can be elected an officer of a lodge until he has been three +years a Master Mason. A Fellow Craft must work at least one year in that +degree, before he can be admitted to the third degree. An Entered +Apprentice must remain at least two years in that degree." + +It seems unnecessary to extend these citations. The existence of the +regulation, which requires a necessary probation in candidates, until due +proficiency is obtained, is universally admitted. The ancient +constitutions repeatedly assert it, and it has received the subsequent +sanction of innumerable Masonic authorities. But, unfortunately, the +practice is not always in accordance with the rule. And, hence, the object +of this article is not so much to demonstrate the existence of the law, as +to urge upon our readers the necessity of a strict adherence to it. There +is no greater injury which can be inflicted on the Masonic Order (the +admission of immoral persons excepted), than that of hurrying candidates +through the several degrees. Injustice is done to the institution, whose +peculiar principles and excellencies are never properly presented--and +irreparable injury to the candidate, who, acquiring no fair appreciation +of the ceremonies through which he rapidly passes, or of the instructions +which he scarcely hears, is filled either with an indifference that never +afterwards can be warmed into zeal, or with a disgust that can never be +changed into esteem. Masonry is betrayed in such an instance by its +friends, and often loses the influence of an intelligent member, who, if +he had been properly instructed, might have become one of its warmest and +most steadfast advocates. + +This subject is so important, that I will not hesitate to add to the +influence of these opinions the great sanction of Preston's authority. + +"Many persons," says that able philosopher of Masonry, "are deluded by the +vague supposition that our mysteries are merely nominal; that the +practices established among us are frivolous, and that our ceremonies may +be adopted, or waived at pleasure. On this false foundation, we find them +hurrying through all the degrees of the Order, without adverting to the +propriety of one step they pursue, or possessing a single qualification +requisite for advancement. Passing through the usual formalities, they +consider themselves entitled to rank as masters of the art, solicit and +accept offices, and assume the government of the lodge, equally +unacquainted with the rules of the institution they pretend to support, or +the nature of the trust they engage to perform. The consequence is +obvious; anarchy and confusion ensue, and the substance is lost in the +shadow. Hence men eminent for ability, rank, and fortune, are often led to +view the honors of Masonry with such indifference, that when their +patronage is solicited, they either accept offices with reluctance, or +reject them with disdain."[76] + +Let, then, no lodge which values its own usefulness, or the character of +our institution, admit any candidate to a higher degree, until he has made +suitable proficiency in the preceding one, to be always tested by a strict +examination in open lodge. Nor can it do so, without a palpable violation +of the laws of Masonry. + + + +Section X. + +_Of Balloting for Candidates in each Degree._ + + +Although there is no law, in the Ancient Constitutions, which in express +words requires a ballot for candidates in each degree, yet the whole tenor +and spirit of these constitutions seem to indicate that there should be +recourse to such a ballot. The constant reference, in the numerous +passages which were cited in the preceding Section, to the necessity of +an examination into the proficiency of those who sought advancement, would +necessarily appear to imply that a vote of the lodge must be taken on the +question of this proficiency. Accordingly, modern Grand Lodges have +generally, by special enactment, required a ballot to be taken on the +application of an Apprentice or Fellow Craft for advancement, and where no +such regulation has been explicitly laid down, the almost constant usage +of the craft has been in favor of such ballot. + +The Ancient Constitutions having been silent on the subject of the letter +of the law, local usage or regulations must necessarily supply the +specific rule. + +Where not otherwise provided by the Constitutions of a Grand Lodge or the +bye-laws of a subordinate lodge, analogy would instruct us that the +ballot, on the application of Apprentices or Fellow Crafts for +advancement, should be governed by the same principles that regulate the +ballot on petitions for initiation. + +Of course, then, the vote should be unanimous: for I see no reason why a +lodge of Fellow Crafts should be less guarded in its admission of +Apprentices, than a lodge of Apprentices is in its admission of profanes. + +Again, the ballot should take place at a stated meeting, so that every +member may have "due and timely notice," and be prepared to exercise his +"inherent privilege" of granting or withholding his consent; for it must +be remembered that the man who was worthy or supposed to be so, when +initiated as an Entered Apprentice, may prove to be unworthy when he +applies to pass as a Fellow Graft, and every member should, therefore, +have the means and opportunity of passing his judgment on that worthiness +or unworthiness. + +If the candidate for advancement has been rejected once, he may again +apply, if there is no local regulation to the contrary. But, in such a +case, due notice should be given to all the members, which is best done by +making the application at one regular meeting, and voting for it on the +next. This, however, I suppose to be only necessary in the case of a +renewed application after a rejection. An Entered Apprentice or a Fellow +Craft is entitled after due probation to make his application for +advancement; and his first application may be balloted for on the same +evening, provided it be a regular meeting of the lodge. The members are +supposed to know what work is before them to do, and should be there to +do it. + +But the case is otherwise whenever a candidate for advancement has been +rejected. He has now been set aside by the lodge, and no time is laid down +in the regulations or usages of the craft for his making a second +application. He may never do so, or he may in three months, in a year, or +in five years. The members are, therefore, no more prepared to expect this +renewed application at any particular meeting of the lodge, than they are +to anticipate any entirely new petition of a profane. If, therefore, the +second application is not made at one regular meeting and laid over to the +next, the possibility is that the lodge may be taken by surprise, and in +the words of the old Regulation, "a turbulent member may be imposed on +it." + +The inexpediency of any other course may be readily seen, from a +suppositions case. We will assume that in a certain lodge, A, who is a +Fellow Craft, applies regularly for advancement to the third degree. On +this occasion, for good and sufficient reasons, two of the members, B and +C, express their dissent by depositing black balls. His application to be +raised is consequently rejected, and he remains a Fellow Graft. Two or +three meetings of the lodge pass over, and at each, B and C are present; +but, at the fourth meeting, circumstances compel their absence, and the +friends of A, taking advantage of that occurrence, again propose him for +advancement; the ballot is forthwith taken, and he is elected and raised +on the same evening. The injustice of this course to B and C, and the evil +to the lodge and the whole fraternity, in this imposition of one who is +probably an unworthy person, will be apparent to every intelligent and +right-minded Mason. + +I do not, however, believe that a candidate should be rejected, on his +application for advancement, in consequence of objections to his moral +worth and character. In such a case, the proper course would be to prefer +charges, to try him as an Apprentice or Fellow Craft; and, if found +guilty, to suspend, expel, or otherwise appropriately punish him. The +applicant as well as the Order is, in such a case, entitled to a fair +trial. Want of proficiency, or a mental or physical disqualification +acquired since the reception of the preceding degree, is alone a +legitimate cause for an estoppal of advancement by the ballot. But this +subject will be treated of further in the chapter on the rights of Entered +Apprentices. + + + +Section XI. + +_Of the Number to be Initiated at one Communication._ + + +The fourth General Regulation decrees that "no Lodge shall make more than +five new Brothers at one time." This regulation has been universally +interpreted (and with great propriety) to mean that not more than five +degrees can be conferred at the same communication. + +This regulation is, however, subject to dispensation by the Grand Master, +or Presiding Grand Officer, in which case the number to be initiated, +passed, or raised, will be restricted only by the words of the +dispensation. + +The following, or fifth General Regulation, says that "no man can be made +or admitted a member of a particular lodge, without previous notice, one +month before, given to the same lodge." + +Now, as a profane cannot be admitted an Entered Apprentice, or in other +words, a member of an Entered Apprentices' lodge, unless after one month's +notice, so it follows that an Apprentice cannot be admitted a member of a +Fellow Crafts' lodge, nor a Fellow Craft of a Masters', without the like +probation. For the words of the regulation which apply to one, will +equally apply to the others. And hence we derive the law, that a month at +least must always intervene between the reception of one degree and the +advancement to another. But this rule is also subject to a dispensation. + + + +Section XII. + +_Of Finishing the Candidates of one Lodge in another._ + + +It is an ancient and universal regulation, that no lodge shall interfere +with the work of another by initiating its candidates, or passing or +raising its Apprentices and Fellow Crafts. Every lodge is supposed to be +competent to manage its own business, and ought to be the best judge of +the qualifications of its own members, and hence it would be highly +improper in any lodge to confer a degree on a Brother who is not of its +household. + +This regulation is derived from a provision in the Ancient Charges, which +have very properly been supposed to contain the fundamental law of +Masonry, and which prescribes the principle of the rule in the following +symbolical language: + +"None shall discover envy at the prosperity of a Brother, nor supplant him +or put him out of his work, if he be capable to finish the same; for no +man can finish another's work, so much to the Lord's profit, unless he be +thoroughly acquainted with the designs and draughts of him that began it." + +There is, however, a case in which one lodge may, by consent, legally +finish the work of another. Let us suppose that a candidate has been +initiated in a lodge at A----, and, before he receives his second degree, +removes to B----, and that being, by the urgency of his business, unable +either to postpone his departure from A----, until he has been passed and +raised, or to return for the purpose of his receiving his second and third +degrees, then it is competent for the lodge at A---- to grant permission +to the lodge at B---- to confer them on the candidate. + +But how shall this permission be given--by a unanimous vote, or merely by +a vote of the majority of the members at A----? Here it seems to me that, +so far as regards the lodge at A----, the reasons for unanimity no longer +exist. There is here no danger that a "fractious member will be imposed on +them," as the candidate, when finished, will become a member of the lodge +at B----. The question of consent is simply in the nature of a +resolution, and may be determined by the assenting votes of a majority of +the members at A---. It is, however, to be understood, that if any Brother +believes that the candidate is unworthy, from character, of further +advancement, he may suspend the question of consent, by preferring charges +against him. If this is not done, and the consent of the lodge is +obtained, that the candidate may apply to the lodge at B---, then when his +petition is read in that lodge, it must, of course, pass through the usual +ordeal of a month's probation, and a unanimous vote; for here the old +reasons for unanimity once more prevail. + +I know of no ancient written law upon this subject, but it seems to me +that the course I have described is the only one that could be suggested +by analogy and common sense. + + + +Section XIII. + +_Of the Initiation of Non-residents._ + + +The subject of this section is naturally divided into two +branches:--First, as to the initiation by a lodge of a candidate, who, +residing in the same State or Grand Lodge jurisdiction, is still not an +inhabitant of the town in which the lodge to which he applies is +situated, but resides nearer to some other lodge; and, secondly, as to the +initiation of a stranger, whose residence is in another State, or under +the jurisdiction of another Grand Lodge. + +1. The first of these divisions presents a question which is easily +answered. Although I can find no ancient regulation on this subject, +still, by the concurrent authority of all Grand Lodges in this country, at +least, (for the Grand Lodge of England has no such provision in its +Constitution,) every lodge is forbidden to initiate any person whose +residence is nearer to any other lodge. If, however, such an initiation +should take place, although the lodge would be censurable for its +violation of the regulations of its superior, yet there has never been any +doubt that the initiation would be good and the candidate so admitted +regularly made. The punishment must fall upon the lodge and not upon the +newly-made Brother. + +2. The second division presents a more embarrassing inquiry, on account of +the diversity of opinions which have been entertained on the subject. Can +a lodge in one State, or Grand Lodge jurisdiction, initiate the resident +of another State, and would such initiation be lawful, and the person so +initiated a regular Mason, or, to use the technical language of the Order, +a Mason made "in due form," and entitled to all the rights and privileges +of the Order? + +The question is one of considerable difficulty; it has given occasion to +much controversy, and has been warmly discussed within the last few years +by several of the Grand Lodges of the United States. + +In 1847, the Grand Lodge of Alabama adopted the following regulation, +which had been previously enacted by the Grand Lodge of Tennessee: + +"Any person residing within the jurisdiction of this Grand Lodge, who has +already, or shall hereafter, travel into any foreign jurisdiction, and +there receive the degrees of Masonry, such person shall not be entitled to +the rights, benefits, and privileges of Masonry within this jurisdiction, +until he shall have been regularly admitted a member of the subordinate +lodge under this Grand Lodge, nearest which he at the time resides, in the +manner provided by the Constitution of this Grand Lodge for the admission +of members." + +The rule adopted by the Grand Lodge of Maryland is still more stringent. +It declares, "that if any individual, from selfish motives, from distrust +of his acceptance, or other causes originating in himself, knowingly and +willfully travel into another jurisdiction, and there receive the masonic +degrees, he shall be considered and held as a clandestine made Mason." + +The Grand Lodge of New York, especially, has opposed these regulations, +inflicting a penalty on the initiate, and assigns its reasons for the +opposition in the following language: + +"Before a man becomes a Mason, he is subject to no law which any Grand +Lodge can enact. No Grand Lodge has a right to make a law to compel any +citizen, who desires, to be initiated in a particular lodge, or in the +town or State of his residence; neither can any Grand Lodge forbid a +citizen to go where he pleases to seek acceptance into fellowship with the +craft; and where there is no right to compel or to forbid, there can be no +right to punish; but it will be observed, that the laws referred to were +enacted to punish the citizens of Maryland and Alabama, as Masons and +Brethren, for doing something before they were Masons and Brethren, which +they had a perfect right to do as citizens and freemen; and it must +certainly be regarded as an act of deception and treachery by a young +Mason, on returning home, to be told, that he is 'a clandestine Mason,' +that he 'ought to be expelled,' or, that he cannot be recognized as a +Brother till he 'joins a lodge where his residence is,' because he was +initiated in New York, in England, or in France, after having heard all +his life of the universality and oneness of the institution."[77] + +It seems to us that the Grand Lodge of New York has taken the proper view +of the subject; although we confess that we are not satisfied with the +whole course of reasoning by which it has arrived at the conclusion. +Whatever we may be inclined to think of the inexpediency of making +transient persons (and we certainly do believe that it would be better +that the character and qualifications of every candidate should be +submitted to the inspection of his neighbors rather than to that of +strangers), however much we may condemn the carelessness and facility of a +lodge which is thus willing to initiate a stranger, without that due +examination of his character, which, of course, in the case of +non-residents, can seldom be obtained, we are obliged to admit that such +makings are legal--the person thus made cannot be called a clandestine +Mason, because he has been made in a legally constituted lodge--and as he +is a regular Mason, we know of no principle by which he can be refused +admission as a visitor into any lodge to which he applies. + +Masonry is universal in its character, and knows no distinction of nation +or of religion. Although each state or kingdom has its distinct Grand +Lodge, this is simply for purposes of convenience in carrying out the +principles of uniformity and subordination, which should prevail +throughout the masonic system. The jurisdiction of these bodies is +entirely of a masonic character, and is exercised only over the members of +the Order who have voluntarily contracted their allegiance. It cannot +affect the profane, who are, of course, beyond its pale. It is true, that +as soon as a candidate applies to a lodge for initiation, he begins to +come within the scope of masonic law. He has to submit to a prescribed +formula of application and entrance, long before he becomes a member of +the Order. But as this formula is universal in its operation, affecting +candidates who are to receive it and lodges which are to enforce it in all +places, it must have been derived from some universal authority. The +manner, therefore, in which a candidate is to be admitted, and the +preliminary qualifications which are requisite, are prescribed by the +landmarks, the general usage, and the ancient constitutions of the Order. +And as they have directed the _mode how_, they might also have prescribed +the _place where_, a man should be made a Mason. But they have done no +such thing. We cannot, after the most diligent search, find any +constitutional regulation of the craft, which refers to the initiation of +non-residents. The subject has been left untouched; and as the ancient and +universally acknowledged authorities of Masonry have neglected to +legislate on the subject, it is now too late for any modern and local +authority, like that of a Grand Lodge, to do so. + +A Grand Lodge may, it is true, forbid--as Missouri, South Carolina, +Georgia, and several other Grand Lodges have done--the initiation of +non-residents, within its own jurisdiction, because this is a local law +enacted by a local authority; but it cannot travel beyond its own +territory, and prescribe the same rule to another Grand Lodge, which may +not, in fact, be willing to adopt it. + +The conclusions, then, at which we arrive no this subject are these: The +ancient constitutions have prescribed no regulation on the subject of the +initiation of non-residents; it is, therefore, optional with every Grand +Lodge, whether it will or will not suffer such candidates to be made +within its own jurisdiction; the making, where it is permitted, is legal, +and the candidate so made becomes a regular Mason, and is entitled to the +right of visitation. + +What, then, is the remedy, where a person of bad character, and having, in +the language of the Grand Lodge of Maryland, "a distrust of his +acceptance" at home, goes abroad and receives the degrees of Masonry? No +one will deny that such a state of things is productive of great evil to +the craft. Fortunately, the remedy is simple and easily applied. Let the +lodge, into whose jurisdiction he has returned, exercise its power of +discipline, and if his character and conduct deserve the punishment, let +him be expelled from the Order. If he is unworthy of remaining in the +Order, he should be removed from it at once; but if he is worthy of +continuing in it, there certainly can be no objection to his making use of +his right to visit. + + + + +Chapter II. + +Of the Rights of Entered Apprentices. + + + +In an inquiry into the rights of Entered Apprentices, we shall not be much +assisted by the Ancient Constitutions, which, leaving the subject in the +position in which usage had established it, are silent in relation to what +is the rule. In all such cases, we must, as I have frequently remarked +before, in settling the law, have recourse to analogy, to the general +principles of equity, and the dictates of common sense, and, with these +three as our guides, we shall find but little difficulty in coming to a +right conclusion. + +At present, an Entered Apprentice is not considered a member of the Lodge, +which privilege is only extended to Master Masons. This was not formerly +the case. Then the Master's degree was not as indiscriminately conferred +as it is now. A longer probation and greater mental or moral +qualifications were required to entitle a candidate to this sublime +dignity. None were called Master Masons but such as had presided over +their Lodges, and the office of Wardens was filled by Fellow Crafts. +Entered Apprentices, as well as Fellow Crafts, were permitted to attend +the communications of the Grand Lodge, and express their opinions; and, in +1718, it was enacted that every new regulation, proposed in the Grand +Lodge, should be submitted to the consideration of even the youngest +Entered Apprentice. Brethren of this degree composed, in fact, at that +time, the great body of the craft. But, all these things have, since, by +the gradual improvement of our organization, undergone many alterations; +and Entered Apprentices seem now, by universal consent, to be restricted +to a very few rights. They have the right of sitting in all lodges of +their degree, of receiving all the instructions which appertain to it, but +not of speaking or voting, and, lastly, of offering themselves as +candidates for advancement, without the preparatory necessity of a formal +written petition. + +These being admitted to be the rights of an Entered Apprentice, few and +unimportant as they may be, they are as dear to him as those of a Master +Mason are to one who has been advanced to that degree; and he is, and +ought to be, as firmly secured in their possession. Therefore, as no Mason +can be deprived of his rights and privileges, except after a fair and +impartial trial, and the verdict of his peers, it is clear that the +Entered Apprentice cannot be divested of these rights without just such a +trial and verdict. + +But, in the next place, we are to inquire whether the privilege of being +passed as a Fellow Craft is to be enumerated among these rights? And, we +clearly answer, No. The Entered Apprentice has the right of making the +application. Herein he differs from a profane, who has no such right of +application until he has qualified himself for making it, by becoming an +Entered Apprentice. But, if the application is granted, it is _ex gratia_, +or, by the favour of the lodge, which may withhold it, if it pleases. If +such were not the case, the lodge would possess no free will on the +subject of advancing candidates; and the rule requiring a probation and an +examination, before passing, would be useless and absurd--because, the +neglect of improvement or the want of competency would be attended with no +penalty. + +It seems to me, then, that, when an Apprentice applies for his second +degree, the lodge may, if it thinks proper, refuse to grant it; and that +it may express that refusal by a ballot. No trial is necessary, because no +rights of the candidate are affected. He is, by a rejection of his +request, left in the same position that he formerly occupied. He is still +an Entered Apprentice, in good standing; and the lodge may, at any time it +thinks proper, reverse its decision and proceed to pass him. + +If, however, he is specifically charged with any offense against the laws +of Masonry, it would then be necessary to give him a trial. Witnesses +should be heard, both for and against him, and he should be permitted to +make his defense. The opinion of the lodge should be taken, as in all +other cases of trial, and, according to the verdict, he should be +suspended, expelled, or otherwise punished. + +The effect of these two methods of proceeding is very different. When, by +a ballot, the lodge refuses to advance an Entered Apprentice, there is +not, necessarily, any stigma on his moral character. It may be, that the +refusal is based on the ground that he has not made sufficient proficiency +to entitle him to pass. Consequently, his standing as an Entered +Apprentice is not at all affected. His rights remain the same. He may +still sit in the lodge when it is opened in his degree; he may still +receive instructions in that degree; converse with Masons on masonic +subjects which are not beyond his standing; and again apply to the lodge +for permission to pass as a Fellow Craft. + +But, if he be tried on a specific charge, and be suspended or expelled, +his moral character is affected. His masonic rights are forfeited; and he +can no longer be considered as an Entered Apprentice in good standing. He +will not be permitted to sit in his lodge, to receive masonic instruction, +or to converse with Masons on masonic subjects; nor can he again apply for +advancement until the suspension or expulsion is removed by the +spontaneous action of the lodge. + +These two proceedings work differently in another respect. The Grand Lodge +will not interfere with a subordinate lodge in compelling it to pass an +Entered Apprentice; because every lodge is supposed to be competent to +finish, in its own time, and its own way, the work that it has begun. But, +as the old regulations, as well as the general consent of the craft, admit +that the Grand Lodge alone can expel from the rights and privileges of +Masonry, and that an expulsion by a subordinate lodge is inoperative until +it is confirmed by the Grand Lodge, it follows that the expulsion of the +Apprentice must be confirmed by that body; and that, therefore, he has a +right to appeal to it for a reversal of the sentence, if it was unjustly +pronounced. + +Let it not be said that this would be placing an Apprentice on too great +an equality with Master Masons. His rights are dear to him; he has paid +for them. No man would become an Apprentice unless he expected, in time, +to be made a Fellow Craft, and then a Master. He is, therefore, morally +and legally wronged when he is deprived, without sufficient cause, of the +capacity of fulfilling that expectation. It is the duty of the Grand Lodge +to see that not even the humblest member of the craft shall have his +rights unjustly invaded; and it is therefore bound, as the conservator of +the rights of all, to inquire into the truth, and administer equity. +Whenever, therefore, even an Entered Apprentice complains that he has met +with injustice and oppression, his complaint should be investigated and +justice administered. + +The question next occurs--What number of black balls should prevent an +Apprentice from passing to the second degree? I answer, the same number +that would reject the application of a profane for initiation into the +Order. And why should this not be so? Are the qualifications which would +be required of one applying, for the first time, for admission to the +degree of an Apprentice more than would subsequently be required of the +same person on his applying for a greater favor and a higher honor--that +of being advanced to the second degree? Or do the requisitions, which +exist in the earlier stages of Masonry, become less and less with every +step of the aspirant's progress? Viewing the question in this light--and, +indeed, I know of no other in which to view it--it seems to me to be +perfectly evident that the peculiar constitution and principles of our +Order will require unanimity in the election of a profane for initiation, +of an Apprentice for a Fellow Craft, and of a Fellow Craft for a Master +Mason; and that, while no Entered Apprentice can be expelled from the +Order, except by due course of trial, it is competent for the lodge, at +any time, on a ballot, to refuse to advance him to the second degree. But, +let it be remembered that the lodge which refuses to pass an Apprentice, +on account of any objections to his moral character, or doubts of his +worthiness, is bound to give him the advantage of a trial, and at once to +expel him, if guilty, or, if innocent, to advance him when otherwise +qualified. + + + + +Chapter III. + +Of the Rights of Fellow Crafts. + + + +In ancient times there were undoubtedly many rights attached to the second +degree which have now become obsolete or been repealed; for formerly the +great body of the fraternity were Fellow Crafts, and according to the old +charges, even the Grand Master might be elected from among them. The +Master and Wardens of Subordinate Lodges always were. Thus we are told +that no Brother can be Grand Master, "unless he has been a Fellow Craft +before his election," and in the ancient manner of constituting a lodge, +contained in the Book of Constitutions,[78] it is said that "the +candidates, or the new Master and Wardens, being yet among the Fellow +Crafts, the Grand Master shall ask his Deputy if he has examined them," +etc. But now that the great body of the Fraternity consists of Master +Masons, the prerogatives of Fellow Crafts are circumscribed within limits +nearly as narrow as those of Entered Apprentices. While, however, +Apprentices are not permitted to speak or vote, in ancient times, and up, +indeed, to a very late date. Fellow Crafts were entitled to take a part in +any discussion in which the lodge, while open in the first or second +degree, might engage, but not to vote. This privilege is expressly stated +by Preston, as appertaining to a Fellow Craft, in his charge to a +candidate, receiving that degree. + +"As a Craftsman, in our private assemblies you may offer your sentiments +and opinions on such subjects as are regularly introduced in the Lecture, +under the superintendence of an experienced Master, who will guard the +landmark against encroachment."[79] + +This privilege is not now, however, granted in this country to Fellow +Crafts. All, therefore, that has been said in the preceding chapter, of +the rights of Entered Apprentices, will equally apply, _mutatis mutandis_, +to the rights of Fellow Crafts. + + + + +Chapter IV. + +Of the Rights of Master Masons. + + + +When a Mason has reached the third degree, he becomes entitled to all the +rights and privileges of Ancient Craft Masonry. These rights are extensive +and complicated; and, like his duties, which are equally as extensive, +require a careful examination, thoroughly to comprehend them. Four of +them, at least, are of so much importance as to demand a distinct +consideration. These are the rights of membership, of visitation, of +relief, and of burial. To each I shall devote a separate section. + + + +Section I. + +_Of the Right of Membership._ + + +The whole spirit and tenor of the General Regulations, as well as the +uniform usage of the craft, sustain the doctrine, that when a Mason is +initiated in a lodge, he has the right, by signing the bye-laws, to +become a member without the necessity of submitting to another ballot. In +the Constitutions of the Grand Lodge of New York, this principle is +asserted to be one of the ancient landmarks, and is announced in the +following words: "Initiation makes a man a Mason; but he must receive the +Master's degree, and sign the bye-laws before he becomes a member of the +lodge."[80] If the doctrine be not exactly a landmark (which I confess I +am not quite prepared to admit), it comes to us almost clothed with the +authority of one, from the sanction of universal and uninterrupted usage. + +How long before he loses this right by a _non-user_, or neglect to avail +himself of it, is, I presume, a question to be settled by local authority. +A lodge, or a Grand Lodge, may affix the period according to its +discretion; but the general custom is, to require a signature of the +bye-laws, and a consequent enrollment in the lodge, within three months +after receiving the third degree. Should a Mason neglect to avail himself +of his privilege, he forfeits it (unless, upon sufficient cause, he is +excused by the lodge), and must submit to a ballot. + +The reason for such a law is evident. If a Mason does not at once unite +himself with the lodge in which he was raised, but permits an extended +period of time to elapse, there is no certainty that his character or +habits may not have changed, and that he may not have become, since his +initiation, unworthy of affiliation. Under the general law, it is, +therefore, necessary that he should in such case submit to the usual +probation of one month, and an investigation of his qualifications by a +committee, as well as a ballot by the members. + +But there are other privileges also connected with this right of +membership. A profane is required to apply for initiation to the lodge +nearest his place of residence, and, if there rejected, can never in +future apply to any other lodge. But the rule is different with respect to +the application of a Master Mason for membership. + +A Master Mason is not restricted in his privilege of application for +membership within any geographical limits. All that is required of him is, +that he should be an affiliated Mason; that is, that he should be a +contributing member of a lodge, without any reference to its peculiar +locality, whether near to or distant from his place of residence. The Old +Charges simply prescribe, that every Mason ought to belong to a lodge. A +Mason, therefore, strictly complies with this regulation, when he unites +himself with any lodge, thus contributing to the support of the +institution, and is then entitled to all the privileges of an affiliated +Mason. + +A rejection of the application of a Master Mason for membership by a lodge +does not deprive him of the right of applying to another. A Mason is in +"good standing" until deprived of that character by the action of some +competent masonic authority; and that action can only be by suspension or +expulsion. Rejection does not, therefore, affect the "good standing" of +the applicant; for in a rejection there is no legal form of trial, and +consequently the rejected Brother remains in the same position after as +before his rejection. He possesses the same rights as before, unimpaired +and undiminished; and among these rights is that of applying for +membership to any lodge that he may select. + +If, then, a Mason may be a member of a lodge distant from his place of +residence, and, perhaps, even situated in a different jurisdiction, the +question then arises whether the lodge within whose precincts he resides, +but of which he is not a member, can exercise its discipline over him +should he commit any offense requiring masonic punishment. On this subject +there is, among masonic writers, a difference of opinion. I, however, +agree with Brother Pike, the able Chairman of the Committee of +Correspondence of Arkansas, that the lodge can exercise such discipline. I +contend that a Mason is amenable for his conduct not only to the lodge of +which he may be a member, but also to any one within whose jurisdiction he +permanently resides. A lodge is the conservator of the purity and the +protector of the integrity of the Order within its precincts. The unworthy +conduct of a Mason, living as it were immediately under its government, is +calculated most injuriously to affect that purity and integrity. A lodge, +therefore, should not be deprived of the power of coercing such unworthy +Mason, and, by salutary punishment, of vindicating the character of the +institution. Let us suppose, by way of example, that a Mason living in San +Francisco, California, but retaining his membership in New York, behaves +in such an immoral and indecorous manner as to bring the greatest +discredit upon the Order, and to materially injure it in the estimation of +the uninitiated community. Will it be, for a moment, contended that a +lodge in San Francisco cannot arrest the evil by bringing the unworthy +Mason under discipline, and even ejecting him from the fraternity, if +severity like that is necessary for the protection of the institution? Or +will it be contended that redress can only be sought through the delay and +uncertainty of an appeal to his lodge in New York? Even if the words of +the ancient laws are silent on this subject, reason and justice would seem +to maintain the propriety and expediency of the doctrine that the lodge at +San Francisco is amply competent to extend its jurisdiction and exercise +its discipline over the culprit. + +In respect to the number of votes necessary to admit a Master Mason +applying by petition for membership in a lodge, there can be no doubt that +he must submit to precisely the same conditions as those prescribed to a +profane on his petition for initiation. There is no room for argument +here, for the General Regulations are express on this subject. + +"No man can be made or _admitted a member_ of a particular lodge," says +the fifth regulation, "without previous notice one month before given to +the said lodge." + +And the sixth regulation adds, that "no man can be entered a Brother in +any particular lodge, or _admitted to be a member_ thereof, without the +unanimous consent of all the members of that lodge then present." + +So that it may be considered as settled law, so far as the General +Regulations can settle a law of Masonry, that a Master Mason can only be +admitted a member of a lodge when applying by petition, after a month's +probation, after due inquiry into his character, and after a unanimous +ballot in his favor. + +But there are other rights of Master Masons consequent upon membership, +which remain to be considered. In uniting with a lodge, a Master Mason +becomes a participant of all its interests, and is entitled to speak and +vote upon all subjects that come before the lodge for investigation. He is +also entitled, if duly elected by his fellows, to hold any office in the +lodge, except that of Master, for which he must be qualified by previously +having occupied the post of a Warden. + +A Master has the right in all cases of an appeal from the decision of the +Master or of the lodge. + +A Master Mason, in good standing, has a right at any time to demand from +his lodge a certificate to that effect. + +Whatever other rights may appertain to Master Masons will be the subjects +of separate sections. + + + +Section II. + +_Of the Right of Visit._ + + +Every Master Mason, who is an affiliated member of a lodge, has the right +to visit any other lodge as often as he may desire to do so. This right is +secured to him by the ancient regulations, and is, therefore, +irreversible. In the "Ancient Charges at the Constitution of a Lodge," +formerly contained in a MS. of the Lodge of Antiquity in London, and whose +date is not later than 1688,[81]it is directed "that every Mason receive +and cherish strange fellows when they come over the country, and set them +on work, if they will work as the manner is; that is to say, if the Mason +have any mould stone in his place, he shall give him a mould stone, and +set him on work; and if he have none, the Mason shall refresh him with +money unto the next lodge." + +This regulation is explicit. It not only infers the right of visit, but +it declares that the strange Brother shall be welcomed, "received, and +cherished," and "set on work," that is, permitted to participate in the +work of your lodge. Its provisions are equally applicable to Brethren +residing in the place where the lodge is situated as to transient +Brethren, provided that they are affiliated Masons. + +In the year 1819, the law was in England authoritatively settled by a +decree of the Grand Lodge. A complaint had been preferred against a lodge +in London, for having refused admission to some Brethren who were well +known to them, alleging that as the lodge was about to initiate a +candidate, no visitor could be admitted until that ceremony was concluded. +It was then declared, "that it is the undoubted right of every Mason who +is well known, or properly vouched, to visit any lodge during the time it +is opened for general masonic business, observing the proper forms to be +attended to on such occasions, and so that the Master may not be +interrupted in the performance of his duty."[82] + +A lodge, when not opened for "general masonic business," but when engaged +in the consideration of matters which interest the lodge alone, and which +it would be inexpedient or indelicate to make public, may refuse to admit +a visitor. Lodges engaged in this way, in private business, from which +visitors are excluded, are said by the French Masons to be opened "_en +famille_." + +To entitle him to this right of visit, a Mason must be affiliated, that +is, he must be a contributing member of some lodge. This doctrine is thus +laid down in the Constitutions of the Grand Lodge of England: + +"A Brother who is not a subscribing member to some lodge, shall not be +permitted to visit any one lodge in the town or place in which he resides, +more than once during his secession from the craft." + +A non-subscribing or unaffiliated Mason is permitted to visit each lodge +once, and once only, because it is supposed that this visit is made for +the purpose of enabling him to make a selection of the one with which he +may prefer permanently to unite. But, afterwards, he loses this right of +visit, to discountenance those Brethren who wish to continue members of +the Order, and to partake of its pleasures and advantages, without +contributing to its support. + +A Master Mason is not entitled to visit a lodge, unless he previously +submits to an examination, or is personally vouched for by a competent +Brother present; but this is a subject of so much importance as to claim +consideration in a distinct section. + +Another regulation is, that a strange Brother shall furnish the lodge he +intends to visit with a certificate of his good standing in the lodge from +which he last hailed. This regulation has, in late years, given rise to +much discussion. Many of the Grand Lodges of this country, and several +masonic writers, strenuously contend for its antiquity and necessity, +while others as positively assert that it is a modern innovation upon +ancient usage. + +There can, however, I think, be no doubt of the antiquity of certificates. +That the system requiring them was in force nearly two hundred years ago, +at least, will be evident from the third of the Regulations made in +General Assembly, December 27, 1663, under the Grand Mastership of the +Earl of St. Albans,[83] and which is in the following words: + +"3. That no person hereafter who shall be accepted a Freemason, shall be +admitted into any lodge or assembly, until he has brought a certificate +of the time and place of his acceptation, from the lodge that accepted +him, unto the Master of that limit or division where such a lodge is +kept." This regulation has been reiterated on several occasions, by the +Grand Lodge of England in 1772, and at subsequent periods by several Grand +Lodges of this and other countries. It is not, however, in force in many +of the American jurisdictions. + +Another right connected with the right of visitation is, that of demanding +a sight of the Warrant of Constitution. This instrument it is, indeed, not +only the right but the duty of every strange visitor carefully to inspect, +before he enters a lodge, that he may thus satisfy himself of the legality +and regularity of its character and authority. On such a demand being made +by a visitor for a sight of its Warrant, every lodge is bound to comply +with the requisition, and produce the instrument. The same rule, of +course, applies to lodges under dispensation, whose Warrant of +Dispensation supplies the place of a Warrant of Constitution. + + + +Section III. + +_Of the Examination of Visitors._ + + +It has already been stated, in the preceding section, that a Master Mason +is not permitted to visit a lodge unless he previously submits to an +examination, or is personally vouched for by some competent Brother +present. The prerogative of vouching for a Brother is an important one, +and will constitute the subject of the succeeding section. At present let +us confine ourselves to the consideration of the mode of examining a +visitor. + +Every visitor, who offers himself to the appointed committee of the lodge +for examination, is expected, as a preliminary step, to submit to the +Tiler's Obligation; so called, because it is administered in the Tiler's +room. As this obligation forms no part of the secret ritual of the Order, +but is administered to every person before any lawful knowledge of his +being a Mason has been received, there can be nothing objectionable in +inserting it here, and in fact, it will be advantageous to have the +precise words of so important a declaration placed beyond the possibility +of change or omission by inexperienced Brethren. + +The oath, then, which is administered to the visitor, and which he may, if +he chooses, require every one present to take with him, is in the +following words + +"I, A. B., do hereby and hereon solemnly and sincerely swear, that I have +been regularly initiated, passed, and raised, to the sublime degree of a +Master Mason, in a just and legally constituted lodge of such, that I do +not now stand suspended or expelled, and know of no reason why I should +not hold masonic communication with my Brethren. + +This declaration having been given in the most solemn manner, the +examination must then be conducted with the necessary forms. The good old +rule of "commencing at the beginning" should be observed. Every question +is to be asked and every answer demanded which is necessary to convince +the examiner that the party examined is acquainted with what he ought to +know, to entitle him to the appellation of a Brother. Nothing is to be +taken for granted--categorical answers must be required to all that it is +deemed important to be asked. No forgetfulness is to be excused, nor is +the want of memory to be accepted as a valid excuse for the want of +knowledge. The Mason, who is so unmindful of his duties as to have +forgotten the instructions he has received, must pay the penalty of his +carelessness, and be deprived of his contemplated visit to that society +whose secret modes of recognition he has so little valued as not to have +treasured them in his memory. While there are some things which may be +safely passed over in the examination of one who confesses himself to be +"rusty," or but recently initiated, because they are details which require +much study to acquire, and constant practice to retain, there are still +other things of great importance which must be rigidly demanded, and with +the knowledge of which the examiner cannot, under any circumstances, +dispense. + +Should suspicions of imposture arise, let no expression of these +suspicions be made until the final decree for rejection is pronounced. And +let that decree be uttered in general terms, such as: "I am not +satisfied," or, "I do not recognize you," and not in more specific terms, +such as, "You did not answer this inquiry," or, "You are ignorant on that +point." The visitor is only entitled to know, generally, that he has not +complied with the requisitions of his examiner. To descend to particulars +is always improper and often dangerous. + +Above all, the examiner should never ask what are called "leading +questions," or such as include in themselves an indication of what the +answer is to be; nor should he in any manner aid the memory of the party +examined by the slightest hint. If he has it in him, it will come out +without assistance, and if he has it not, he is clearly entitled to no +aid. + +Lastly, never should an unjustifiable delicacy weaken the rigor of these +rules. Let it be remembered, that for the wisest and most evident reasons, +the merciful maxim of the law, which says, that it is better that +ninety-nine guilty men should escape than that one innocent man should be +punished, is with us reversed, and that in Masonry _it is better that +ninety and nine true men should be turned away from the door of a lodge +than that one cowan should be admitted_. + + + +Section IV. + +_Of Vouching for a Brother._ + + +An examination may sometimes be omitted when any competent Brother present +will vouch for the visitor's masonic standing and qualifications. This +prerogative of vouching is an important one which every Master Mason is +entitled, under certain restrictions, to exercise; but it is also one +which may so materially affect the well-being of the whole +fraternity--since by its injudicious use impostors might be introduced +among the faithful--that it should be controlled by the most stringent +regulations. + +To vouch for one, is to bear witness for him; and, in witnessing to truth, +every caution should be observed, lest falsehood should cunningly assume +its garb. The Brother who vouches should, therefore, know to a certainty +that the one for whom he vouches is really what he claims to be. He should +know this not from a casual conversation, nor a loose and careless +inquiry, but, as the unwritten law of the Order expresses it, from +"_strict trial, due examination, or lawful information_." + +Of strict trial and due examination I have already treated in the +preceding section; and it only remains to say, that when the vouching is +founded on the knowledge obtained in this way, it is absolutely necessary +that the Brother so vouching shall be _competent_ to conduct such an +examination, and that his general intelligence and shrewdness and his +knowledge of Masonry shall be such as to place him above the probability +of being imposed upon. The important and indispensable qualification of a +voucher is, therefore, that he shall be competent. The Master of a lodge +has no right to accept, without further inquiry, the avouchment of a +young and inexperienced, or even of an old, if ignorant, Mason. + +Lawful information, which is the remaining ground for an avouchment, may +be derived either from the declaration of another Brother, or from having +met the party vouched for in a lodge on some previous occasion. + +If the information is derived from another Brother, who states that he has +examined the party, then all that has already been said of the competency +of the one giving the information is equally applicable. The Brother, +giving the original information, must be competent to make a rigid +examination. Again, the person giving the information, the one receiving +it, and the one of whom it is given, should be all present at the time; +for otherwise there would be no certainty of identity. Information, +therefore, given by letter or through a third party, is highly irregular. +The information must also be positive, not founded on belief or opinion, +but derived from a legitimate source. And, lastly, it must not have been +received casually, but for the very purpose of being used for masonic +purposes. For one to say to another in the course of a desultory +conversation: "A.B. is a Mason," is not sufficient. He may not be +speaking with due caution, under the expectation that his words will be +considered of weight. He must say something to this effect: "I know this +man to be a Master Mason," for such or such reasons, and you may safely +recognize him as such. This alone will insure the necessary care and +proper observance of prudence. + +If the information given is on the ground that the person, vouched has +been seen sitting in a lodge by the voucher, care must be taken to inquire +if it was a "Lodge of Master Masons." A person may forget, from the lapse +of time, and vouch for a stranger as a Master Mason, when the lodge in +which he saw him was only opened in the first or second degree. + + + +Section V. + +_Of the Right of Claiming Relief._ + + +One of the great objects of our institution is, to afford relief to a +worthy, distressed Brother. In his want and destitution, the claim of a +Mason upon his Brethren is much greater than that of a profane. This is a +Christian as well as a masonic doctrine. "As we have therefore +opportunity," says St. Paul, "let us do good unto all men, especially +unto them who are of the household of faith." + +This claim for relief he may present either to a lodge or to a Brother +Mason. The rule, as well as the principles by which it is to be regulated, +is laid down in that fundamental law of Masonry, the Old Charges, in the +following explicit words, under the head of "Behavior towards a strange +Brother:" + +"You are cautiously to examine him, in such a method as prudence shall +direct you, that you may not be imposed upon by an ignorant, false +pretender, whom you are to reject with contempt and derision, and beware +of giving him any hints of knowledge. + +"But if you discover him to be a true and genuine Brother, you are to +respect him accordingly; and if he is in want, you must relieve him if you +can, or else direct him how he may be relieved. You must employ him some +days, or else recommend him to be employed. But you are not charged to do +beyond your ability, only to prefer a poor Brother, that is a good man and +true, before any other people in the same circumstances." + +This law thus laid down, includes, it will be perceived, as two important +prerequisites, on which to found a claim for relief, that the person +applying shall be in distress, and that he shall be worthy of assistance. + +He must be in distress. Ours is not an insurance company, a joint stock +association, in which, for a certain premium paid, an equivalent may be +demanded. No Mason, or no lodge, is bound to give pecuniary or other aid +to a Brother, unless he really needs. The word " benefit," as usually used +in the modern friendly societies, has no place in the vocabulary of +Freemasonry. If a wealthy Brother is afflicted with sorrow or sickness, we +are to strive to comfort him with our sympathy, our kindness, and our +attention, but we are to bestow our eleemosynary aid only on the indigent +or the destitute. + +He must also be worthy. There is no obligation on a Mason to relieve the +distresses, however real they may be, of an unworthy Brother. The claimant +must be, in the language of the Charge, "true and genuine." True here is +used in its good old Saxon meaning, of "faithful" or "trusty." A true +Mason is one who is mindful of his obligations, and who faithfully +observes and practices all his duties. Such a man, alone, can rightfully +claim the assistance of his Brethren. + +But a third provision is made in the fundamental law; namely, that the +assistance is not to be beyond the ability of the giver. One of the most +important landmarks, contained in our unwritten law, more definitely +announces this provision, by the words, that the aid and assistance shall +be without injury to oneself or his family. Masonry does not require that +we shall sacrifice our own welfare to that of a Brother; but that with +prudent liberality, and a just regard to our own worldly means, we shall +give of the means with which Providence may have blessed us for the relief +of our distressed Brethren. + +It is hardly necessary to say, that the claim for relief of a worthy +distressed Mason extends also to his immediate family. + + + +Section VI. + +_Of the Right of Masonic Burial._ + + +After a very careful examination, I can find nothing in the old charges or +General Regulations, nor in any other part of the fundamental law, in +relation to masonic burial of deceased Brethren. It is probable that, at +an early period, when the great body of the craft consisted of Entered +Apprentices, the usage permitted the burial of members, of the first or +second degree, with the honors of Masonry. As far back as 1754, +processions for the purpose of burying Masons seemed to have been +conducted by some of the lodges with either too much frequency, or some +other irregularity; for, in November of that year, the Grand Lodge adopted +a regulation, forbidding them, under a heavy penalty, unless by permission +of the Grand Master, or his Deputy.[84] As there were, comparatively +speaking, few Master Masons at that period, it seems a natural inference +that most of the funeral processions were for the burial of Apprentices, +or, at least, of Fellow Crafts. + +But the usage since then, has been greatly changed; and by universal +consent, the law, as first committed to writing, by Preston, who was the +author of our present funeral service, is now adopted. + +The Regulation, as laid down by Preston, is so explicit, that I prefer +giving it in his own words.[85] + +"No Mason can be interred with the formalities of the Order, unless it be +at his own special request, communicated to the Master of the Lodge of +which he died a member--foreigners and sojourners excepted; nor unless he +has been advanced to the third degree of Masonry, from which restriction +there can be no exception. Fellow Crafts or Apprentices are not entitled +to the funeral obsequies." + +This rule has been embodied in the modern Constitutions of the Grand Lodge +of England; and, as I have already observed, appears by universal consent +to have been adopted as the general usage. + +The necessity for a dispensation, which is also required by the modern +English Constitutions, does not seem to have met with the same general +approval, and in this country, dispensations for funeral processions are +not usually, if at all, required. Indeed, Preston himself, in explaining +the law, says that it was not intended to restrict the privileges of the +regular lodges, but that, "by the universal practice of Masons, every +regular lodge is authorized by the Constitution to act on such occasions +when limited to its own members."[86] It is only when members of other +lodges, not under the control of the Master, are convened, that a +dispensation is required. But in America, Grand Lodges or Grand Masters +have not generally interfered with the rights of the lodges to bury the +dead; the Master being of course amenable to the constituted authorities +for any indecorum or impropriety. + + + + +Chapter V. + +Of the Rights of Past Masters. + + + +I have already discussed the right of Past Masters to become members of a +Grand Lodge, in a preceding part of this work,[87] and have there arrived +at the conclusion that no such inherent right exists, and that a Grand +Lodge may or may not admit them to membership, according to its own notion +of expediency. Still the fact, that they are competent by their masonic +rank of accepting such a courtesy when extended, in itself constitutes a +prerogative; for none but Masters, Wardens, or Past Masters, can under any +circumstances become members of a Grand Lodge. + +Past Masters possess a few other positive rights. + +In the first place they have a right to install their successors, and at +all times subsequent to their installation to be present at the ceremony +of installing Masters of lodges. I should scarcely have deemed it +necessary to dwell upon so self-evident a proposition, were it not that it +involves the discussion of a question which has of late years been warmly +mooted in some jurisdictions, namely, whether this right of being present +at an installation should, or should not, be extended to Past Masters, +made in Royal Arch Chapters. + +In view of the fact, that there are two very different kinds of possessors +of the same degree, the Grand Lodge of England has long since +distinguished them as "virtual" and as "actual" Past Masters. The terms +are sufficiently explicit, and have the advantage of enabling us to avoid +circumlocution, and I shall, therefore, adopt them. + +An _actual Past Master_ is one who has been regularly installed to preside +over a symbolic lodge under the jurisdiction of a Grand Lodge. A _virtual +Past Master_ is one who has received the degree in a chapter, for the +purpose of qualifying him for exaltation to the Royal Arch. + +Now the question to be considered is this. Can a virtual Past Master be +permitted to be present at the installation of an actual Past Master? + +The Committee of Correspondence of New York, in 1851, announced the +doctrine, that a Chapter, or virtual Past Master, cannot legally install +the Master of a Symbolic Lodge; but that there is no rule forbidding his +being present at the ceremony. This doctrine has been accepted by several +Grand Lodges, while others again refuse to admit the presence of a virtual +Past Master at the installation-service. + +In South Carolina, for instance, by uninterrupted usage, virtual Past +Masters are excluded from the ceremony of installation. + +In Louisiana, under the high authority of the late Brother Gedge, it is +asserted, that "it is the bounden duty of all Grand Lodges to prevent the +possessors of the (chapter) degree from the exercise of any function +appertaining to the office and attributes of an installed Master of a +lodge of Symbolic Masonry, and refuse to recognize them as belonging to +the order of Past Masters."[88] + +Brother Albert Pike, whose opinion on masonic jurisprudence is entitled to +the most respectful consideration, has announced a similar doctrine in one +of his elaborate reports to the Grand Chapter of Arkansas. He does not +consider "that the Past Master's degree, conferred in a chapter, invests +the recipient with any rank or authority, except within the chapter +itself; that it no ways qualifies or authorizes him to preside in the +chair of a lodge: that a lodge has no legal means of knowing that he has +received the degree in a chapter: for it is not supposed to know anything +that takes place there any more than it knows what takes place in a Lodge +of Perfection, or a Chapter of Knights of the Rose Croix;" and, of course, +if the Past Masters of a lodge have no such "legal means" of recognition +of Chapter Masters, they cannot permit them to be present at an +installation. + +This is, in fact, no new doctrine. Preston, in his description of the +installation ceremony, says: "The new Master is then conducted to an +adjacent room, where he is regularly installed, and bound to his trust in +ancient form, in the presence of at least _three installed Masters_"[89] +And Dr. Oliver, in commenting on this passage, says, "this part of the +ceremony can only be orally communicated, nor can any but _installed_ +Masters be present."[90] + +And this rule appears to be founded on the principles of reason. There can +be no doubt, if we carefully examine the history of Masonry in this +country and in England, that the degree of Past Master was originally +conferred by Symbolic Lodges as an honorarium or reward bestowed upon +those Brethren who had been found worthy to occupy the Oriental Chair. In +so far it was only a degree of office, and could be obtained only from the +Lodge in which the office had been conferred. At a later period it was +deemed an essential prerequisite to exaltation in the degree of Royal +Arch, and was, for that purpose, conferred on candidates for that +position, while the Royal Arch degree was under the control of the +symbolic Lodges, but still only conferred by the Past Masters of the +Lodge. But subsequently, when the system of Royal Arch Masonry was greatly +enlarged and extended in this country, and chapters were organized +independent of the Grand and symbolic Lodges, these Chapters took with +them the Past Master's degree, and assumed the right of conferring it on +their candidates. Hence arose the anomaly which now exists in American +Masonry, of two degrees bearing the same name, and said to be almost +identical in character, conferred by two different bodies under entirely +different qualifications and for totally different purposes. As was to be +expected, when time had in some degree obliterated the details of history, +each party began to claim for itself the sovereign virtue of legitimacy. +The Past Masters of the Chapters denied the right of the Symbolic Lodges +to confer the degree, and the latter, in their turn, asserted that the +degree, as conferred in the Chapter, was an innovation. + +The prevalence of the former doctrine would, of course, tend to deprive +the Symbolic Lodges of a vested right held by them from the most ancient +times--that, namely, of conferring an honorarium on their Masters elect. + +On the whole, then, from this view of the surreptitious character of the +Chapter Degree, and supported by the high authority whom I have cited, as +well as by the best usage, I am constrained to believe that the true rule +is, to deny the Chapter, or Virtual Past Masters, the right to install, or +to be present at the installation of the Master of a Symbolic Lodge. A +Past Master may preside over a lodge in the absence of the Master, +provided he is invited to do so by the Senior Warden present. The Second +General Regulation gave the power of presiding, during the absence of the +Master, to the last Past Master present, after the lodge had been +congregated by the Senior Warden; but two years afterwards, the rule was +repealed, and the power of presiding in such cases was vested in the +Senior Warden. And accordingly, in this country, it has always been held, +that in the absence of the Master, his authority descends to the Senior +Warden, who may, however, by courtesy, offer the chair to a Past Master +present, after the lodge has been congregated. Some jurisdictions have +permitted a Past Master to preside in the absence of the Master and both +Wardens, provided he was a member of that lodge. But I confess that I can +find no warrant for this rule in any portion of our fundamental laws. The +power of congregating the lodge in the absence of the Master has always +been confined to the Wardens; and it therefore seems to me, that when both +the Master and Wardens are absent, although a Past Master may be present, +the lodge cannot be opened. + +A Past Master is eligible for election to the chair, without again passing +through the office of a Warden. + +He is also entitled to a seat in the East, and to wear a jewel and collar +peculiar to his dignity. + +By an ancient regulation, contained in the Old Charges, Past Masters alone +were eligible to the office of Grand Warden. The Deputy Grand Master was +also to be selected from among the Masters, or Past Masters of Lodges. No +such regulation was in existence as to the office of Grand Master, who +might be selected from the mass of the fraternity. At the present time, in +this country, it is usual to select the Grand officers from among the Past +Masters of the jurisdiction, though I know of no ancient law making such a +regulation obligatory, except in respect to the affairs of Grand Wardens +and Deputy Grand Master. + + + + +Chapter VI. + +Of Affiliation. + + + +Affiliation is defined to be the act by which a lodge receives a Mason +among its members. A profane is said to be "initiated," but a Mason is +"affiliated."[91] + +Now the mode in which a Mason becomes affiliated with a lodge, in some +respects differs from, and in others resembles, the mode in which a +profane is initiated. + +A Mason, desiring to be affiliated with a lodge, must apply by petition; +this petition must be referred to a committee for investigation of +character, he must remain in a state of probation for one month, and must +then submit to a ballot, in which unanimity will be required for his +admission. In all these respects, there is no difference in the modes of +regulating applications for initiation and affiliation. The Fifth and +Sixth General Regulations, upon which these usages are founded, draw no +distinction between the act of making a Mason and admitting a member. The +two processes are disjunctively connected in the language of both +regulations. "No man can be made, _or admitted a member_ * * * * without +previous notice one month before;" are the words of the Fifth Regulation. +And in a similar spirit the Sixth adds: "But no man can be entered a +Brother in any particular lodge, _or admitted to be a member_ thereof, +without the unanimous consent of all the members of that lodge." + +None but Master Masons are permitted to apply for affiliation; and every +Brother so applying must bring to the lodge to which he applies a +certificate of his regular dismission from the lodge of which he was last +a member. This document is now usually styled a "demit," and should +specify the good standing of the bearer at the time of his resignation or +demission. + +Under the regulations of the various Grand Lodges of this country, a +profane cannot, as has been already observed, apply for initiation in any +other lodge than the one nearest to his residence. No such regulation, +however, exists in relation to the application of a Mason for +affiliation. Having once been admitted into the Order, he has a right to +select the lodge with which he may desire to unite himself. He is not even +bound to affiliate with the lodge in which he was initiated, but after +being raised, may leave it, without signing the bye-laws, and attach +himself to another. + +A profane, having been rejected by a lodge, can never apply to any other +for initiation. But a Mason, having been rejected, on his application for +affiliation, by a lodge, is not thereby debarred from subsequently making +a similar application to any other. + +In some few jurisdictions a local regulation has of late years been +enacted, that no Mason shall belong to more than one lodge. It is, I +presume, competent for a Grand Lodge to enact such a regulation; but where +such enactment has not taken place, we must be governed by the ancient and +general principle. + +The General Regulations, adopted in 1721, contain no reference to this +case; but in a new regulation, adopted on the 19th February, 1723, it was +declared that "no Brother shall belong to more than one lodge within the +bills of mortality." This rule was, therefore, confined to the lodges in +the city of London, and did not affect the country lodges. Still, +restricted as it was in its operation, Anderson remarks, "this regulation +is neglected for several reasons, and now obsolete."[92] Custom now in +England and in other parts of Europe, as well as in some few portions of +this country, is adverse to the regulation; and where no local law exists +in a particular jurisdiction, I know of no principle of masonic +jurisprudence which forbids a Mason to affiliate himself with more than +one lodge. + +The only objection to it is one which must be urged, not by the Order, but +by the individual. It is, that his duties and his responsibilities are +thus multiplied, as well as his expenses. If he is willing to incur all +this additional weight in running his race of Masonry, it is not for +others to resist this exuberance of zeal. The Mason, however, who is +affiliated with more than one lodge, must remember that he is subject to +the independent jurisdiction of each; may for the same offense be tried in +each, and, although acquitted by all except one, that, if convicted by +that one, his conviction will, if he be suspended or expelled, work his +suspension or expulsion in all the others. + + + + +Chapter VII. + +Of Demitting. + + + +To demit from a lodge is to resign one's membership, on which occasion a +certificate of good standing and a release from all dues is given to the +applicant, which is technically called a _demit_. + +The right to demit or resign never has, until within a few years, been +denied. In 1853, the Grand Lodge of Connecticut adopted a regulation "that +no lodge should grant a demit to any of its members, except for the +purpose of joining some other lodge; and that no member shall be +considered as having withdrawn from one lodge until he has actually become +a member of another." Similar regulations have been either adopted or +proposed by a few other Grand Lodges, but I much doubt both their +expediency and their legality. This compulsory method of keeping Masons, +after they have once been made, seems to me to be as repugnant to the +voluntary character of our institution as would be a compulsory mode of +making them in the beginning. The expediency of such a regulation is also +highly questionable. Every candidate is required to come to our doors "of +his own free will and accord," and surely we should desire to keep none +among us after that free will is no longer felt. We are all familiar with +the Hudibrastic adage, that + + "A man convinced against his will, + Is of the same opinion still," + +and he who is no longer actuated by that ardent esteem for the institution +which would generate a wish to continue his membership, could scarcely +have his slumbering zeal awakened, or his coldness warmed by the bolts and +bars of a regulation that should keep him a reluctant prisoner within the +walls from which he would gladly escape. Masons with such dispositions we +can gladly spare from our ranks. + +The Ancient Charges, while they assert that every Mason should belong to a +lodge, affix no penalty for disobedience. No man can be compelled to +continue his union with a society, whether it be religious, political, or +social, any longer than will suit his own inclinations or sense of duty. +To interfere with this inalienable prerogative of a freeman would be an +infringement on private rights. A Mason's initiation was voluntary, and +his continuance in the Order must be equally so. + +But no man is entitled to a demit, unless at the time of demanding it he +be in good standing and free from all charges. If under charges for crime, +he must remain and abide his trial, or if in arrears, must pay up his +dues. + +There is, however, one case of demission for which a special law has been +enacted. That is, when several Brethren at the same time request demits +from a lodge. As this action is sometimes the result of pique or anger, +and as the withdrawal of several members at once might seriously impair +the prosperity, or perhaps even endanger the very existence of the lodge, +it has been expressly forbidden by the General Regulations, unless the +lodge has become too numerous for convenient working; and not even then is +permitted except by a Dispensation. The words of this law are to be found +in the Eighth General Regulation, as follows: + +"No set or number of Brethren shall withdraw or separate themselves from +the lodge in which they were made Brethren, or were afterwards admitted +members, unless the lodge becomes too numerous; nor even then, without a +dispensation from the Grand Master or his Deputy; and when they are thus +separated, they must either immediately join themselves to such other +lodge as they shall like best, with the unanimous consent of that other +lodge to which they go, or else they must obtain the Grand Master's +warrant to join in forming a new lodge." + +It seems, therefore, that, although a lodge cannot deny the right of a +single member to demit, when a sort of conspiracy may be supposed to be +formed, and several Brethren present their petitions for demits at one and +the same time, the lodge may not only refuse, but is bound to do so, +unless under a dispensation, which dispensation can only be given in the +case of an over-populous lodge. + +With these restrictions and qualifications, it cannot be doubted that +every Master Mason has a right to demit from his lodge at his own +pleasure. What will be the result upon himself, in his future relations to +the Order, of such demission, will constitute the subject of the +succeeding chapter. + + + + +Chapter VIII. + +Of Unaffiliated Masons. + + + +An unaffiliated Mason is one who is not connected by membership with any +lodge. There can be no doubt that such a position is contrary to the +spirit of our institution, and that affiliation is a duty obligatory on +every Mason. The Old Charges, which have been so often cited as the +fundamental law of Masonry, say on this subject: "every Brother ought to +belong to a lodge and to be subject to its bye-laws and the General +Regulations." + +Explicitly as this doctrine has been announced, it has been too little +observed, in consequence of no precise penalty having been annexed to its +violation. In all times, unaffiliated Masons have existed--Masons who have +withdrawn from all active participation in the duties and responsibilities +of the Order, and who, when in the hour of danger or distress, have not +hesitated to claim its protection or assistance, while they have refused +in the day of their prosperity to add anything to its wealth, its power, +or its influence. In this country, the anti-masonic persecutions of 1828, +and a few years subsequently, by causing the cessation of many lodges, +threw a vast number of Brethren out of all direct connection with the +institution; on the restoration of peace, and the renewal of labor by the +lodges, too many of these Brethren neglected to reunite themselves with +the craft, and thus remained unaffiliated. The habit, thus introduced, was +followed by others, until the sin of unaffiliation has at length arrived +at such a point of excess, as to have become a serious evil, and to have +attracted the attention and received the condemnation of almost every +Grand Lodge. + +A few Grand Lodges have denied the right of a Mason permanently to demit +from the Order. Texas, for instance, has declared that "it does not +recognize the right of a Mason to demit or separate himself from the lodge +in which he was made, or may afterwards be admitted, except for the +purpose of joining another lodge, or when he may be about to remove +without the jurisdiction of the lodge of which he may be a member."[93] A +few other Grand Lodges have adopted a similar regulation; but the +prevailing opinion of the authorities appears to be, that it is competent +to interfere with the right to demit, certain rights and prerogatives +being, however, lost by such demission. + +Arkansas, Missouri, Ohio, and one or two other Grand Lodges, while not +positively denying the right of demission, have at various times levied a +tax or contribution on the demitted or unaffiliated Masons within their +respective jurisdictions. This principle, however, has also failed to +obtain the general concurrence of other Grand Lodges, and some of them, as +Maryland, have openly denounced it. After a careful examination of the +authorities, I cannot deny to any man the _right_ of withdrawing, +whensoever he pleases, from a voluntary association--the laws of the land +would not sustain us in the enforcement of such a regulation; and our own +self-respect should prevent us from attempting it. If, then, he has a +right to withdraw, it clearly follows that we have no right to tax him, +which is only one mode of inflicting a fine or penalty for an act, the +right to do which we have acceded. In the strong language of the Committee +of Correspondence of Maryland:[94] "The object of Masonry never was to +extort, _nolens volens,_ money from its votaries. Such are not its +principles or teaching. The advocating such doctrines cannot advance the +interest or reputation of the institution; but will, as your committee +fear, do much to destroy its usefulness. Compulsive membership deprives it +of the title, _Free_ and Accepted." + +But as it is an undoubted precept of the Order that every Mason should +belong to a lodge, and contribute, so far as his means will allow, to the +support of the institution, and as, by his demission, for other than +temporary purposes, he violates the principles and disobeys the precepts +of the Order, it naturally follows that his withdrawal must place him in a +different position from that which he would occupy as an affiliated Mason. +It is now time for us to inquire what that new position is. + +We may say, then, that, whenever a Mason permanently withdraws his +membership, he at once, and while he continues unaffiliated, dissevers all +connection between himself and the _Lodge organization_ of the Order. He, +by this act, divests himself of all the rights and privileges which belong +to him as a member of that organization. Among these rights and privileges +are those of visitation, of pecuniary aid, and of masonic burial. +Whenever he approaches the door of a lodge, asking to enter or seeking for +assistance, he is to be met in the light of a profane. He may knock, but +the door must not be opened--he may ask, but he is not to receive. The +work of the lodge is not to be shared by those who have thrown aside their +aprons and their implements, and abandoned the labors of the Temple--the +funds of the lodge are to be distributed only among these who are aiding, +by their individual contributions, to the formation of similar funds in +other lodges. + +But from the well-known and universally-admitted maxim of "once a Mason, +and always a Mason," it follows that a demitted Brother cannot by such +demission divest himself of all his masonic responsibilities to his +Brethren, nor be deprived of their correlative responsibility to him. An +unaffiliated Mason is still bound by certain obligations, of which he +cannot, under any circumstances, divest himself, and by similar +obligations are the fraternity bound to him. These relate to the duties of +secrecy and of aid in the imminent hour of peril. Of the first of these +there can be no doubt; and as to the last, the words of the precept +directing it leaves us no option; nor is it a time when the G.H.S. of D. +is thrown out to inquire into the condition of the party. + +Speaking on this subject, Brother Albert Pike, in his report to the Grand +Lodge of Arkansas, says "if a person appeals to us as a Mason in imminent +peril, or such pressing need that we have not time to inquire into his +worthiness, then, lest we might refuse to relieve and aid a worthy +Brother, we must not stop to inquire _as to anything_." But I do not think +that the learned Brother has put the case in the strongest light. It is +not alone "lest we might refuse to relieve and aid a worthy Brother," that +we are in cases of "imminent peril" to make no pause for deliberation. But +it is because we are bound by our highest obligations at all times, and to +all Masons, to give that aid when _duly_ called for. + +I may, then, after this somewhat protracted discussion, briefly +recapitulate the position, the rights and the responsibilities of an +unaffiliated Mason as follows: + +1. An unaffiliated Mason is still bound by all his masonic duties and +obligations, excepting those connected with the organization of the lodge. + +2. He has a right to aid in imminent peril when _he asks for that aid in +the_ proper _and conventional way_. + +3. He loses the right to receive pecuniary relief. + +4. He loses the general right to visit[95] lodges, or to walk in masonic +processions. + +5. He loses the right of masonic burial. + +6. He still remains subject to the government of the Order, and may be +tried and punished for any offense as an affiliated Mason would be, by the +lodge within whose geographical jurisdiction he resides. + + + + + +Book Fourth. + +Of Masonic Crimes and Punishments. + + + + +Chapter I. + +Of What Are Masonic Crimes. + + + +The division of wrongs, by the writers on municipal law, into private and +public, or civil injuries and crimes and misdemeanors, does not apply to +the jurisprudence of Freemasonry. Here all wrongs are crimes, because they +are a violation of the precepts of the institution; and an offense against +an individual is punished, not so much because it is a breach of his +private rights, as because it affects the well-being of the whole masonic +community. + +In replying to the question, "what are masonic crimes?" by which is meant +what crimes are punishable by the constituted authorities, our safest +guide will be that fundamental law which is contained in the Old Charges. +These give a concise, but succinct summary of the duties of a Mason, and, +of course, whatever is a violation of any one of these duties will +constitute a masonic crime, and the perpetrator will be amenable to +masonic punishment. + +But before entering on the consideration of these penal offenses, it will +be well that we should relieve the labor of the task, by inquiring what +crimes or offenses are not supposed to come within the purview of masonic +jurisprudence. + +Religion and politics are subjects which it is well known are stringently +forbidden to be introduced into Masonry. And hence arises the doctrine, +that Masonry will not take congnizance of religious or political offenses. + +Heresy, for instance, is not a masonic crime. Masons are obliged to use +the words of the Old Charges, "to that religion in which all men agree, +leaving their particular opinions to themselves;" and, therefore, as long +as a Mason acknowledges his belief in the existence of one God, a lodge +can take no action on his peculiar opinions, however heterodox they may +be. + +In like manner, although all the most ancient and universally-received +precepts of the institution inculcate obedience to the civil powers, and +strictly forbid any mingling in plots or conspiracies against the peace +and welfare of the nation, yet no offense against the state, which is +simply political in its character, can be noticed by a lodge. On this +important subject, the Old Charges are remarkably explicit. They say, +putting perhaps the strongest case by way of exemplifying the principle, +"that if a Brother should be a rebel against the State, he is not to be +countenanced in his rebellion, however he may be pitied as an unhappy man; +and, if convicted of no other crime, though the loyal Brotherhood must and +ought to disown his rebellion, and give no umbrage or ground of political +jealousy to the government for the time being, _they cannot expel him from +the lodge, and his relation to it remains indefeasible_" + +The lodge can, therefore, take no cognizance of religious or political +offenses. + +The first charge says: "a Mason is obliged by his tenure to obey the moral +law." Now, although, in a theological sense, the ten commandments are said +to embrace and constitute the moral law, because they are its best +exponent, yet jurists have given to the term a more general latitude, in +defining the moral laws to be "the eternal, immutable laws of good and +evil, to which the Creator himself, in all dispensations, conforms, and +which he has enabled human reason to discover, so far as they are +necessary for the conduct of human actions."[96] Perhaps the well known +summary of Justinian will give the best idea of what this law is, namely, +that we "should live honestly, (that is to say, without reproach,)[97] +should injure nobody, and render to every one his just due." + +If such, then, be the meaning of the moral law, and if every Mason is by +his tenure obliged to obey it, it follows, that all such crimes as profane +swearing or great impiety in any form, neglect of social and domestic +duties, murder and its concomitant vices of cruelty and hatred, adultery, +dishonesty in any shape, perjury or malevolence, and habitual falsehood, +inordinate covetousness, and in short, all those ramifications of these +leading vices which injuriously affect the relations of man to God, his +neighbor, and himself, are proper subjects of lodge jurisdiction. Whatever +moral defects constitute the bad man, make also the bad Mason, and +consequently come under the category of masonic offenses. The principle is +so plain and comprehensible as to need no further exemplification. It is +sufficient to say that, whenever an act done by a Mason is contrary to or +subsersive of the three great duties which he owes to God, his neighbor, +and himself, it becomes at once a subject of masonic investigation, and of +masonic punishment. + +But besides these offenses against the universal moral law, there are many +others arising from the peculiar nature of our institution. Among these we +may mention, and in their order, those that are enumerated in the several +sections of the Sixth Chapter of the Old Charges. These are, unseemly and +irreverent conduct in the lodge, all excesses of every kind, private +piques or quarrels brought into the lodge; imprudent conversation in +relation to Masonry in the presence of uninitiated strangers; refusal to +relieve a worthy distressed Brother, if in your power; and all "wrangling, +quarreling, back-biting, and slander." + +The lectures in the various degrees, and the Ancient Charges read on the +installation of the Master of a lodge, furnish us with other criteria for +deciding what are peculiarly masonic offenses. All of them need not be +detailed; but among them may be particularly mentioned the following: All +improper revelations, undue solicitations for candidates, angry and +over-zealous arguments in favor of Masonry with its enemies, every act +which tends to impair the unsullied purity of the Order, want of +reverence for and obedience to masonic superiors, the expression of a +contemptuous opinion of the original rulers and patrons of Masonry, or of +the institution itself; all countenance of impostors; and lastly, holding +masonic communion with clandestine Masons, or visiting irregular lodges. + +From this list, which, extended as it is, might easily have been enlarged, +it will be readily seen, that the sphere of masonic penal jurisdiction is +by no means limited. It should, therefore, be the object of every Mason, +to avoid the censure or reproach of his Brethren, by strictly confining +himself as a point within that circle of duty which, at his first +initiation, was presented to him as an object worthy of his consideration. + + + + +Chapter II. + +Of Masonic Punishments. + + + +Having occupied the last chapter in a consideration of what constitute +masonic crimes, it is next in order to inquire how these offenses are to +be punished; and accordingly I propose in the following sections to treat +of the various modes in which masonic law is vindicated, commencing with +the slightest mode of punishment, which is censure, and proceeding to the +highest, or expulsion from all the rights and privileges of the Order. + + + +Section I. + +_Of Censure._ + + +A censure is the mildest form of punishment that can be inflicted by a +lodge; and as it is simply the expression of an opinion by the members of +the lodge, that they do not approve of the conduct of the person +implicated, in a particular point of view, and as it does not in any +degree affect the masonic standing of the one censured, nor for a moment +suspend or abridge his rights and benefits, I have no doubt that it may be +done on a mere motion, without previous notice, and adopted, as any other +resolution, by a bare majority of the members present. + +Masonic courtesy would, however, dictate that notice should be given to +the Brother, if absent, that such a motion of censure is about to be +proposed or considered, to enable him to show cause, if any he have, why +he should not be censured. But such notice is not, as I have said, +necessary to the legality of the vote of censure. + +A vote of censure will sometimes, however, be the result of a trial, and +in that case its adoption must be governed by the rules of masonic trials, +which are hereafter to be laid down. + + + +Section II. + +_Of Reprimand._ + + +A reprimand is the next mildest form of masonic punishment. It should +never be adopted on a mere motion, but should always be the result of a +regular trial, in which the party may have the opportunity of defense. + +A reprimand may be either private or public. If to be given in private, +none should be present but the Master and the offender; or, if given by +letter, no copy of that letter should be preserved. + +If given in public, the lodge is the proper place, and the reprimand +should be given by the Master from his appropriate station. + +The Master is always the executive officer of the lodge, and in carrying +out the sentence he must exercise his own prudent discretion as to the +mode of delivery and form of words. + +A reprimand, whether private or public, does not affect the masonic +standing of the offender. + + + +Section III. + +_Of Exclusion from the Lodge._ + + +Exclusion from a lodge may be of various degrees. + +1. A member may for indecorous or unmasonic conduct be excluded from a +single meeting of the lodge. This may be done by the Master, under a +provision of the bye-laws giving him the authority, or on his own +responsibility, in which case he is amenable to the Grand Lodge for the +correctness of his decision. Exclusion in this way does not affect the +masonic standing of the person excluded, and does not require a previous +trial. + +I cannot entertain any doubt that the Master of a lodge has the right to +exclude temporarily any member or Mason, when he thinks that either his +admission, if outside, or his continuance within, if present, will impair +the peace and harmony of the lodge. It is a prerogative necessary to the +faithful performance of his duties, and inalienable from his great +responsibility to the Grand Lodge for the proper government of the Craft +intrusted to his care. If, as it is described in the ancient manner of +constituting a lodge, the Master is charged "to preserve the cement of the +Lodge," it would be folly to give him such a charge, unless he were +invested with the power to exclude an unruly or disorderly member. But as +Masters are enjoined not to rule their lodges in an unjust or arbitrary +manner, and as every Mason is clearly entitled to redress for any wrong +that has been done to him, it follows that the Master is responsible to +the Grand Lodge for the manner in which he has executed the vast power +intrusted to him, and he may be tried and punished by that body, for +excluding a member, when the motives of the act and the other +circumstances of the exclusion were not such as to warrant the exercise of +his prerogative. + +2. A member may be excluded from his lodge for a definite or indefinite +period, on account of the non-payment of arrears. This punishment may be +inflicted in different modes, and under different names. It is sometimes +called, _suspension from the lodge,_ and sometimes _erasure from the +roll_. Both of these punishments, though differing in their effect, are +pronounced, not after a trial, but by a provision of the bye-laws of the +lodge. For this reason alone, if there were no other, I should contend, +that they do not affect the standing of the member suspended, or erased, +with relation to the craft in general. No Mason can be deprived of his +masonic rights, except after a trial, with the opportunity of defense, and +a verdict of his peers. + +But before coming to a definite conclusion on this subject, it is +necessary that we should view the subject in another point of view, in +which it will be seen that a suspension from the rights and benefits of +Masonry, for the non-payment of dues, is entirely at variance with the +true principles of the Order. + +The system of payment of lodge-dues does not by any means belong to the +ancient usages of the fraternity. It is a modern custom, established for +purposes of convenience, and arising out of other modifications, in the +organization of the Order. It is not an obligation on the part of a Mason, +to the institution at large, but is in reality a special contract, in +which the only parties are a particular lodge and its members, of which +the fraternity, as a mass, are to know nothing. It is not presented by any +general masonic law, nor any universal masonic precept. No Grand Lodge has +ever yet attempted to control or regulate it, and it is thus tacitly +admitted to form no part of the general regulations of the Order. Even in +that Old Charge in which a lodge is described, and the necessity of +membership in is enforced, not a word is said of the payment of arrears to +it, or of the duty of contributing to its support. Hence the non-payment +of arrears is a violation of a special and voluntary contract with a +lodge, and not of any general duty to the craft at large. The corollary +from all this is, evidently, that the punishment inflicted in such a case +should be one affecting the relations of the delinquent with the +particular lodge whose bye-laws he has infringed, and not a general one, +affecting his relations with the whole Order. After a consideration of +all these circumstances, I am constrained to think that suspension from +alodge, for non-payment of arrears, should only suspend the rights of the +member as to his own lodge, but should not affect his right of visiting +other lodges, nor any of the other privileges inherent in him as a Mason. +Such is not, I confess, the general opinion, or usage of the craft in this +country, but yet I cannot but believe that it is the doctrine most +consonant with the true spirit of the institution. It is the practice +pursued by the Grand Lodge of England, from which most of our Grand Lodges +derive, directly or indirectly, their existence. It is also the regulation +of the Grand Lodge of Massachusetts. The Grand Lodge of South Carolina +expressly forbids suspension from the rights and benefits of Masonry for +non-payment of dues, and the Grand Lodge of New York has a similar +provision in its Constitution. + +Of the two modes of exclusion from a lodge for non-payment of dues, +namely, suspension and erasure, the effects are very different. Suspension +does not abrogate the connection between the member and his lodge, and +places his rights in abeyance only. Upon the payment of the debt, he is +at once restored without other action of the lodge. But erasure from the +roll terminates all connection between the delinquent and the lodge, and +he ceases to be a member of it. Payment of the dues, simply, will not +restore him; for it is necessary that he should again be elected by the +Brethren, upon formal application. + +The word exclusion has a meaning in England differing from that in which +it has been used in the present section. There the prerogative of +expulsion is, as I think very rightly, exercised only by the Grand Lodge. +The term "expelled" is therefore used only when a Brother is removed from +the craft, by the Grand Lodge. The removal by a District Grand Lodge, or a +subordinate lodge, is called "exclusion." The effect, however, of the +punishment of exclusion, is similar to that which has been here advocated. + + + +Section IV. + +_Of Definite Suspension._ + + +Suspension is a punishment by which a party is temporarily deprived of his +rights and privileges as a Mason. It does not terminate his connection +with the craft, but only places it in abeyance, and it may again be +resumed in a mode hereafter to be indicated. + +Suspension may be, in relation to time, either definite or indefinite. And +as the effects produced upon the delinquent, especially in reference to +the manner of his restoration, are different, it is proper that each +should be separately considered. + +In a case of definite suspension, the time for which the delinquent is to +be suspended, whether for one month, for three, or six months, or for a +longer or shorter period, is always mentioned in the sentence. + +At its termination, the party suspended is at once restored without +further action of the lodge. But as this is a point upon which there has +been some difference of opinion, the argument will be fully discussed in +the chapter on the subject of _Restoration._ + +By a definite suspension, the delinquent is for a time placed beyond the +pale of Masonry. He is deprived of all his rights as a Master Mason--is +not permitted to visit any lodge, or hold masonic communication with his +Brethren--is not entitled to masonic relief, and should he die during his +suspension, is not entitled to masonic burial. In short, the amount of +punishment differs from that of indefinite suspension or expulsion only +in the period of time for which it is inflicted. + +The punishment of definite suspension is the lightest that can be +inflicted of those which affect the relations of a Mason with the +fraternity at large. It must always be preceded by a trial, and the +prevalent opinion is, that it may be inflicted by a two-thirds vote of the +lodge. + + + +Section V. + +_Of Indefinite Suspension._ + + +Indefinite suspension is a punishment by which the person suspended is +deprived of all his rights and privileges as a Mason, until such time as +the lodge which has suspended him shall see fit, by a special action, to +restore him. + +All that has been said of definite suspension in the preceding section, +will equally apply to indefinite suspension, except that in the former +case the suspended person is at once restored by the termination of the +period for which he was suspended; while in the latter, as no period of +termination had been affixed, a special resolution of the lodge will be +necessary to effect a restoration. + +By suspension the connection of the party with his lodge and with the +institution is not severed; he still remains a member of his lodge, +although his rights as such are placed in abeyance. In this respect it +materially differs from expulsion, and, as an inferior grade of +punishment, is inflicted for offenses of a lighter character than those +for which expulsion is prescribed. + +The question here arises, whether the dues of a suspended member to his +lodge continue to accrue during his suspension? I think they do not. Dues +or arrears are payments made to a lodge for certain rights and +benefits--the exercise and enjoyment of which are guaranteed to the +member, in consideration of the dues thus paid. But as by suspension, +whether definite or indefinite, he is for the time deprived of these +rights and benefits, it would seem unjust to require from him a payment +for that which he does not enjoy. I hold, therefore, that suspension from +the rights and benefits of Masonry, includes also a suspension from the +payment of arrears. + +No one can be indefinitely suspended, unless after a due form of trial, +and upon the vote of at least two-thirds of the members present. + + + +Section VI. + +_Of Expulsion._[98] + + +Expulsion is the very highest penalty that can be inflicted upon a +delinquent Mason. It deprives the party expelled of all the masonic rights +and privileges that he ever enjoyed, not only as a member of the lodge +from which he has been ejected, but also of all those which were inherent +in him as a member of the fraternity at large. He is at once as completely +divested of his masonic character as though he had never been admitted +into the institution. He can no longer demand the aid of his Brethren, nor +require from them the performance of any of the duties to which he was +formerly entitled, nor visit any lodge, nor unite in any of the public or +private ceremonies of the Order. No conversation on masonic subjects can +be held with him, and he is to be considered as being completely without +the pale of the institution, and to be looked upon in the same light as a +profane, in relation to the communication of any masonic information. + +It is a custom too generally adopted in this country, for subordinate +lodges to inflict this punishment, and hence it is supposed by many, that +the power of inflicting it is vested in the subordinate lodges. But the +fact is, that the only proper tribunal to impose this heavy penalty is a +Grand Lodge. A subordinate may, indeed, try its delinquent member, and if +guilty declare him expelled. But the sentence is of no force until the +Grand Lodge, under whose jurisdiction it is working, has confirmed it. And +it is optional with the Grand Lodge to do so, or, as is frequently done, +to reverse the decision and reinstate the Brother. Some of the lodges in +this country claim the right to expel independently of the action of the +Grand Lodge, but the claim is not valid. The very fact that an expulsion +is a penalty, affecting the general relations of the punished party with +the whole fraternity, proves that its exercise never could, with +propriety, be intrusted to a body so circumscribed in its authority as a +subordinate lodge. Besides, the general practice of the fraternity is +against it. The English Constitutions vest the power to expel exclusively +in the Grand Lodge.[99] + +The severity of the punishment will at once indicate the propriety of +inflicting it only for the most serious offenses, such, for instance, as +immoral conduct, that would subject a candidate for initiation to +rejection. + +As the punishment is general, affecting the relation of the one expelled +with the whole fraternity, it should not be lightly imposed, for the +violation of any masonic act not general in its character. The commission +of a grossly immoral act is a violation of the contract entered into +between each Mason and his Order. If sanctioned by silence or impunity, it +would bring discredit on the institution, and tend to impair its +usefulness. A Mason who is a bad man, is to the fraternity what a +mortified limb is to the body, and should be treated with the same mode of +cure--he should be cut off, lest his example spread, and disease be +propagated through the constitution. + +The punishment of expulsion can only be inflicted after a due course of +trial, and upon the votes of at least two-thirds of the members present, +and should always be submitted for approval and confirmation to the Grand +Lodge. + +One question here arises, in respect not only to expulsion but to the +other masonic punishments, of which I have treated in the preceding +sections:--Does suspension or expulsion from a Chapter of Royal Arch +Masons, an Encampment of Knights Templar, or any other of what are called +the higher degrees of Masonry, affect the relations of the expelled party +to Symbolic or Ancient Craft Masonry? I answer, unhesitatingly, that it +does not, and for reasons which, years ago, I advanced, in the following +language, and which appear to have met with the approval of the most of my +contemporaries:-- + +"A chapter of Royal Arch Masons, for instance, is not, and cannot be, +recognized as a masonic body, by a lodge of Master Masons. 'They hear them +so to be, but they do not know them so to be,' by any of the modes of +recognition known to Masonry. The acts, therefore, of a Chapter cannot be +recognized by a Master Masons' lodge, any more than the acts of a literary +or charitable society wholly unconnected with the Order. Again: By the +present organization of Freemasonry, Grand Lodges are the supreme masonic +tribunals. If, therefore, expulsion from a Chapter of Royal Arch Masons +involved expulsion from a Blue Lodge, the right of the Grand Lodge to hear +and determine causes, and to regulate the internal concerns of the +institution, would be interfered with by another body beyond its control. +But the converse of this proposition does not hold good. Expulsion from a +Blue Lodge involves expulsion from all the higher degrees; because, as +they are composed of Blue Masons, the members could not of right sit and +hold communications on masonic subjects with one who was an expelled +Mason."[100] + + + + +Chapter III. + +Of Masonic Trials. + + + +Having thus discussed the penalties which are affixed to masonic offenses, +we are next to inquire into the process of trial by which a lodge +determines on the guilt or innocence of the accused. This subject will be +the most conveniently considered by a division into two sections; first, +as to the form of trial; and secondly, as to the character of the +evidence. + + + +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. + +Every member present is bound to vote, unless excused by unanimous +consent. + +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 +as witnesses. Hence, the testimony of an atheist must be rejected; +because, as it has been well said, such a person cannot be subject to that +sanction which is deemed an indispensable test of truth. But as Masonry +does not demand of its candidates any other religious declaration than +that of a belief in God, it cannot require of the witnesses in its trials +any profession of a more explicit faith. But even here it seems to concur +with the law of the land; for it has been decided by Chief Baron Willes, +that "an infidel who believes in a God, and that He will reward and punish +him in this world, but does not believe in a future state, may be examined +upon oath." + +3. Persons who have been rendered infamous by their conviction of great +crimes, are deemed incompetent to give evidence. This rule has been +adopted, because the commission of an infamous crime implies, as Sir +William Scott has observed, "such a dereliction of moral principle on the +part of the witness, as carries with it the conclusion that he would +entirely disregard the obligation of an oath." Of such a witness it has +been said, by another eminent judge,[102] that "the credit of his oath is +over-balanced by the stain of his iniquity." + +4. Persons interested in the result of the trial are considered +incompetent to give evidence. From the nature of human actions and +passions, and from the fact that all persons, even the most virtuous, are +unconsciously swayed by motives of interest, the testimony of such persons +is rather to be distrusted than believed. This rule will, perhaps, be +generally of difficult application in masonic trials, although in a civil +suit at law it is easy to define what is the interest of a party +sufficient to render his evidence incompetent. But whenever it is clearly +apparent that the interests of a witness would be greatly benefited by +either the acquittal or the conviction of the accused, his testimony must +be entirely rejected, or, if admitted, its value must be weighed with the +most scrupulous caution. + +Such are the rules that the wisdom of successive generations of men, +learned in the law, have adopted for the establishment of the competency +or incompetency of witnesses. There is nothing in them which conflicts +with the principles of justice, or with the Constitutions of Freemasonry; +and hence they may, very properly, be considered as a part of our own +code. In determining, therefore, the rule for the admission of witnesses +in masonic trials, we are to be governed by the simple proposition that +has been enunciated by Mr. Justice Lawrence in the following language: + +"I find no rule less comprehensive than this, that all persons are +admissible witnesses who have the use of their reason, and such religious +belief as to feel the obligation of an oath, who have not been convicted +of any infamous crime, and who are not influenced by interest." + +The peculiar, isolated character of our institution, here suggests as an +important question, whether it is admissible to take the testimony of a +profane, or person who is not a Freemason, in the trial of a Mason before +his lodge. + +To this question I feel compelled to reply, that such testimony is +generally admissible; but, as there are special cases in which it is not, +it seems proper to qualify that reply by a brief inquiry into the grounds +and reasons of this admissibility, and the mode and manner in which such +testimony is to be taken. + +The great object of every trial, in Masonry, as elsewhere, is to elicit +truth; and, in the spirit of truth, to administer justice. From whatever +source, therefore, this truth can be obtained, it is not only competent +there to seek it, but it is obligatory on us so to do. This is the +principle of law as well as of common sense. Mr. Phillips, in the +beginning of his great "Treatise on the Law of Evidence," says: "In +inquiries upon this subject, the great end and object ought always to be, +the ascertaining of the most convenient and surest means for the +attainment of truth; the rules laid down are the means used for the +attainment of that end." + +Now, if A, who is a Freemason, shall have committed an offense, of which B +and C alone were cognizant as witnesses, shall it be said that A must be +acquitted for want of proof, because B and C are not members of the Order? +We apprehend that in this instance the ends of justice would be defeated, +rather than subserved. If the veracity and honesty of B and C are +unimpeached, their testimony as to the fact cannot lawfully be rejected on +any ground, except that they may be interested in the result of the trial, +and might be benefited by the conviction or the acquittal of the +defendant. But this is an objection that would hold against the evidence +of a Mason, as well as a profane. + +Any other rule would be often attended with injurious consequences to our +institution. We may readily suppose a case by way of illustration. A, who +is a member of a lodge, is accused of habitual intemperance, a vice +eminently unmasonic in its character, and one which will always reflect a +great portion of the degradation of the offender upon the society which +shall sustain and defend him in its perpetration. But it may happen--and +this is a very conceivable case--that in consequence of the remoteness of +his dwelling, or from some other supposable cause, his Brethren have no +opportunity of seeing him, except at distant intervals. There is, +therefore, no Mason, to testify to the truth of the charge, while his +neighbors and associates, who are daily and hourly in his company, are all +aware of his habit of intoxication. + +If, then, a dozen or more men, all of reputation and veracity, should +come, or be brought before the lodge, ready and willing to testify to this +fact, by what process of reason or justice, or under what maxim of masonic +jurisprudence, could their testimony be rejected, simply because they were +not Masons? And if rejected--if the accused with this weight of evidence +against him, with this infamy clearly and satisfactorily proved by these +reputable witnesses, were to be acquitted, and sent forth purged of the +charge, upon a mere technical ground, and thus triumphantly be sustained +in the continuation of his vice, and that in the face of the very +community which was cognizant of his degradation of life and manners, who +could estimate the disastrous consequences to the lodge and the Order +which should thus support and uphold him in his guilty course? The world +would not, and could not appreciate the causes that led to the rejection +of such clear and unimpeachable testimony, and it would visit with its +just reprobation the institution which could thus extend its fraternal +affections to the support of undoubted guilt. + +But, moreover, this is not a question of mere theory; the principle of +accepting the testimony of non-masonic witnesses has been repeatedly acted +on. If a Mason has been tried by the courts of his country on an +indictment for larceny, or any other infamous crime, and been convicted by +the verdict of a jury, although neither the judge nor the jury, nor the +witnesses were Masons, no lodge after such conviction would permit him to +retain his membership, but, on the contrary, it would promptly and +indignantly expel him from the Brotherhood. If, however, the lodge should +refuse to expel him, on the ground that his conviction before the court +was based on the testimony of non-masonic witnesses, and should grant him +a lodge trial for the same offense, then, on the principle against which +we are contending, the evidence of these witnesses as "profanes" would be +rejected, and the party be acquitted for want of proof; and thus the +anomalous and disgraceful spectacle would present itself--of a felon +condemned and punished by the laws of his country for an infamous crime, +acquitted and sustained by a lodge of Freemasons. + +But we will be impressed with the inexpediency and injustice of this +principle, when we look at its operation from another point of view. It is +said to be a bad rule that will not work both ways; and, therefore, if the +testimony of non-masonic witnesses against the accused is rejected on the +ground of inadmissibility, it must also be rejected when given in his +favor. Now, if we suppose a case, in which a Mason was accused before his +lodge of having committed an offense, at a certain time and place, and, by +the testimony of one or two disinterested persons, he could establish what +the law calls an _alibi_, that is, that at that very time he was at a +far-distant place, and could not, therefore, have committed the offense +charged against him, we ask with what show of justice or reason could such +testimony be rejected, simply because the parties giving it were not +Masons? But if the evidence of a "profane" is admitted in favor of the +accused, rebutting testimony of the same kind cannot with consistency be +rejected; and hence the rule is determined that in the trial of Masons, it +is competent to receive the evidence of persons who are not Masons, but +whose competency, in other respects, is not denied. + +It must, however, be noted, that the testimony of persons who are not +Masons is not to be given as that of Masons is, within the precincts of +the lodge. They are not to be present at the trial; and whatever testimony +they have to adduce, must be taken by a committee, to be afterwards +accurately reported to the lodge. But in all cases, the accused has a +right to be present, and to interrogate the witnesses. + +The only remaining topic to be discussed is the method of taking the +testimony, and this can be easily disposed of. + +The testimony of Masons is to be taken either in lodge or in committee, +and under the sanction of their obligations. + +The testimony of profanes is always to be taken by a committee, and on +oath administered by a competent legal officer--the most convenient way of +taking such testimony is by affidavit. + + + + +Chapter IV. + +Of the Penal Jurisdiction of a Lodge. + + + +The penal jurisdiction of a lodge is that jurisdiction which it is +authorized to exercise for the trial of masonic offenses, and the +infliction of masonic punishment. It may be considered as either +geographical or personal. + +The geographical jurisdiction of a lodge extends in every direction, half +way to the nearest lodge. Thus, if two lodges be situated at the distance +of sixteen miles from each other, then the penal jurisdiction of each will +extend for the space of eight miles in the direction of the other. + +The personal jurisdiction of a lodge is that jurisdiction which a lodge +may exercise over certain individuals, respective or irrespective of +geographical jurisdiction. This jurisdiction is more complicated than the +other, and requires a more detailed enumeration of the classes over whom +it is to be exercised. + +1. A lodge exercises penal jurisdiction over all its members, no matter +where they may reside. A removal from the geographical jurisdiction will +not, in this case, release the individual from personal jurisdiction. The +allegiance of a member to his lodge is indefeasible. + +2. A lodge exercises penal jurisdiction over all unaffiliated Masons, +living within its geographical jurisdiction. An unaffiliated Mason cannot +release himself from his responsibilities to the Order. And if, by immoral +or disgraceful conduct, he violates the regulations of the Order, or tends +to injure its reputation in the estimation of the community, he is +amenable to the lodge nearest to his place of residence, whether this +residence be temporary or permanent, and may be reprimanded, suspended, or +expelled. + +This doctrine is founded on the wholesome reason, that as a lodge is the +guardian of the purity and safety of the institution, within its own +jurisdiction, it must, to exercise this guardianship with success, be +invested with the power of correcting every evil that occurs within its +precincts. And if unaffiliated Masons were exempted from this control, the +institution might be seriously affected in the eyes of the community, by +their bad conduct. + +3. The personal jurisdiction of a lodge, for the same good reason, +extends over all Masons living in its vicinity. A Master Mason belonging +to a distant lodge, but residing within the geographical jurisdiction of +another lodge, becomes amenable for his conduct to the latter, as well as +to the former lodge. But if his own lodge is within a reasonable distance, +courtesy requires that the lodge near which he resides should rather make +a complaint to his lodge than itself institute proceedings against him. +But the reputation of the Order must not be permitted to be endangered, +and a case might occur, in which it would be inexpedient to extend this +courtesy, and where the lodge would feel compelled to proceed to the trial +and punishment of the offender, without appealing to his lodge. The +geographical jurisdiction will, in all cases, legalize the proceedings. + +4. But a lodge situated near the confines of a State cannot extend its +jurisdiction over Masons residing in a neighboring State, and not being +its members, however near they may reside to it: for no lodge can exercise +jurisdiction over the members of another Grand Lodge jurisdiction. Its +geographical, as well as personal jurisdiction, can extend no further than +that of its own Grand Lodge. + +5. Lastly, no lodge can exercise penal jurisdiction over its own Master, +for he is alone responsible for his conduct to the Grand Lodge. But it may +act as his accuser before that body, and impeach him for any offense that +he may have committed. Neither can a lodge exercise penal jurisdiction +over the Grand Master, although under other circumstances it might have +both geographical and personal jurisdiction over him, from his residence +and membership. + + + + +Chapter V. + +Of Appeals. + + + +Every Mason, who has been tried and convicted by a lodge, has an +inalienable right to appeal from that conviction, and from the sentence +accompanying it, to the Grand Lodge. + +As an appeal always supposes the necessity of a review of the whole case, +the lodge is bound to furnish the Grand Lodge with an attested copy of its +proceedings on the trial, and such other testimony in its possession as +the appellant may deem necessary for his defense. + +The Grand Lodge may, upon investigation, confirm the verdict of its +subordinate. In this case, the appeal is dismissed, and the sentence goes +into immediate operation without any further proceedings on the part of +the lodge. + +The Grand Lodge may, however, only approve in part, and may reduce the +penalty inflicted, as for instance, from expulsion to suspension. In this +case, the original sentence of the lodge becomes void, and the milder +sentence of the Grand Lodge is to be put in force. The same process would +take place, were the Grand Lodge to increase instead of diminishing the +amount of punishment, as from suspension to expulsion. For it is competent +for the Grand Lodge, on an appeal, to augment, reduce or wholly abrogate +the penalty inflicted by its subordinate. + +But the Grand Lodge may take no direct action on the penalty inflicted, +but may simply refer the case back to the subordinate for a new trial. In +this case, the proceedings on the trial will be commenced _de novo_, if +the reference has been made on the ground of any informality or illegality +in the previous trial. But if the case is referred back, not for a new +trial, but for further consideration, on the ground that the punishment +was inadequate--either too severe, or not sufficiently so--in this case, +it is not necessary to repeat the trial. The discussion on the nature of +the penalty to be inflicted should, however, be reviewed, and any new +evidence calculated to throw light on the nature of the punishment which +is most appropriate, may be received. + +Lastly, the Grand Lodge may entirely reverse the decision of its +subordinate, and decree a restoration of the appellant to all his rights +and privileges, on the ground of his innocence of the charges which had +been preferred against him. But, as this action is often highly important +in its results, and places the appellant and the lodge in an entirely +different relative position, I have deemed its consideration worthy of a +distinct chapter. + +During the pendency of an appeal, the sentence of the subordinate lodge is +held in abeyance, and cannot; be enforced. The appellant in this case +remains in the position of a Mason "under charges." + + + + +Chapter VI. + +Of Restoration. + + + +The penalties of suspension and expulsion are terminated by restoration, +which may take place either by the action of the lodge which inflicted +them, or by that of the Grand Lodge. + +Restoration from definite suspension is terminated without any special +action of the lodge, but simply by the termination of the period for which +the party was suspended. He then at once reenters into the possession of +all the rights, benefits, and functions, from which he had been +temporarily suspended. + +I have myself no doubt of the correctness of this principle; but, as it +has been denied by some writers, although a very large majority of the +authorities are in its favor, it may be well, briefly, to discuss its +merits. + +Let us suppose that on the 1st of January A.B. had been suspended for +three months, that is, until the 1st day of April. At the end of the three +months, that is to say, on the first of April, A.B. would no longer be a +suspended member--for the punishment decreed will have been endured; and +as the sentence of the lodge had expressly declared that his suspension +was to last until the 1st of April, the said sentence, if it means +anything, must mean that the suspension was, on the said 1st of April, to +cease and determine. If he were, therefore, to wait until the 1st of May +for the action of the lodge, declaring his restoration, he would suffer a +punishment of four months' suspension, which was not decreed by his lodge +upon his trial, and which would, therefore, be manifestly unjust and +illegal. + +Again: if the offense which he had committed was, upon his trial, found to +be so slight as to demand only a dismissal for one night from the lodge, +will it be contended that, on his leaving the lodge-room pursuant to his +sentence, he leaves not to return to it on the succeeding communication, +unless a vote should permit him? Certainly not. His punishment of +dismissal for one night had been executed; and on the succeeding night he +reentered into the possession of all his rights. But if he can do so after +a dismissal or suspension of one night, why not after one or three, six or +twelve months? The time is extended, but the principle remains the same. + +But the doctrine, that after the expiration of the term of a definite +suspension, an action by the lodge is still necessary to a complete +restoration, is capable of producing much mischief and oppression. For, if +the lodge not only has a right, but is under the necessity of taking up +the case anew, and deciding whether the person who had been suspended for +three months, and whose period of suspension has expired, shall now be +restored, it follows, that the members of the lodge, in the course of +their inquiry, are permitted to come to such conclusion as they may think +just and fit; for to say that they, after all their deliberations, are, to +vote only in one way, would be too absurd to require any consideration. +They may, therefore, decide that A.B., having undergone the sentence of +the lodge, shall be restored, and then of course all would be well, and no +more is to be said. But suppose that they decide otherwise, and say that +A.B., having undergone the sentence of suspension of three months, _shall +not_ be restored, but must remain suspended until further orders. Here, +then, a party would have been punished a second time for the same offense, +and that, too, after having suffered what, at the time of his conviction, +was supposed to be a competent punishment--and without a trial, and +without the necessary opportunities of defense, again found guilty, and +his comparatively light punishment of suspension for three months changed +into a severer one, and of an indefinite period. The annals of the most +arbitrary government in the world--the history of the most despotic tyrant +that ever lived--could not show an instance of more unprincipled violation +of law and justice than this. And yet it may naturally be the result of +the doctrine, that in a sentence of definite suspension, the party can be +restored only by a vote of the lodge at the expiration of his term of +suspension. If the lodge can restore him, it can as well refuse to restore +him, and to refuse to restore him would be to inflict a new punishment +upon him for an old and atoned-for offense. + +On the 1st of January, for instance, A.B., having been put upon his trial, +witnesses having been examined, his defense having been heard, was found +guilty by his lodge of some offense, the enormity of which, whatever it +might be, seemed to require a suspension from Masonry for just three +months, neither more nor less. If the lodge had thought the crime still +greater, it would, of course, we presume, have decreed a suspension of +six, nine, or twelve months. But considering, after a fair, impartial, and +competent investigation of the merits of the case (for all this is to be +presumed), that the offended law would be satisfied with a suspension of +three months, that punishment is decreed. The court is adjourned _sine +die_; for it has done all that is required--the prisoner undergoes his +sentence with becoming contrition, and the time having expired, the bond +having been paid, and the debt satisfied, he is told that he must again +undergo the ordeal of another trial, before another court, before he can +reassume what was only taken from him for a definite period; and that it +is still doubtful, whether the sentence of the former court may not even +now, after its accomplishment, be reversed, and a new and more severe one +be inflicted. + +The analogy of a person who has been sentenced to imprisonment for a +certain period, and who, on the expiration of that period, is at once +released, has been referred to, as apposite to the case of a definite +suspension. Still more appropriately may we refer to the case of a person +transported for a term of years, and who cannot return until that term +expires, but who is at liberty at once to do so when it has expired. +"Another capital offense against public justice," says Blackstone, "is +the returning from transportation, or being seen at large in Great Britain +_before the expiration of the term for which the offender was sentenced to +be transported." _ Mark these qualifying words: "before the expiration of +the term:" they include, from the very force of language, the proposition +that it is no offense to return _after_ the expiration of the term. And so +changing certain words to meet the change of circumstances, but leaving +the principle unchanged, we may lay down the law in relation to +restorations from definite suspensions, as follows: + +_It is an offense against the masonic code to claim the privileges of +Masonry, or to attempt to visit a lodge after having been suspended, +before the expiration of the term for which the offender was suspended_. + +Of course, it is no crime to resume these privileges after the term has +expired; for surely he must have strange notions of the powers of +language, who supposes that suspension for three months, and no more, does +not mean, that when the three months are over the suspension ceases. And, +if the suspension ceases, the person is no longer suspended; and, if no +longer suspended he is in good standing, and requires no further action to +restore him to good moral and masonic health. + +But it is said that, although originally only suspended for three months, +at the expiration of that period, his conduct might continue to be such as +to render his restoration a cause of public reproach. What is to be done +in such a case? It seems strange that the question should be asked. The +remedy is only too apparent. Let new charges be preferred, and let a new +trial take place for his derelictions of duty during the term of his +suspension. Then, the lodge may again suspend him for a still longer +period, or altogether expel him, if it finds him deserving such +punishment. But in the name of justice, law, and common sense, do not +insiduously and unmanfully continue a sentence for one and a former +offense, as a punishment for another and a later one, and that, too, +without the due forms of trial. + +Let us, in this case, go again for an analogy to the laws of the land. +Suppose an offender had been sentenced to an imprisonment of six months +for a larceny, and that while in prison he had committed some new crime. +When the six months of his sentence had expired, would the Sheriff feel +justified, or even the Judge who had sentenced him, in saying: "I will not +release you; you have guilty of another offense during your +incarceration, and therefore, I shall keep you confined six months +longer?" Certainly not. The Sheriff or the Judge who should do so +high-handed a measure, would soon find himself made responsible for the +violation of private rights. But the course to be pursued would be, to +arrest him for the new offense, give him a fair trial, and, if convicted +again, imprison or otherwise punish him, according to his new sentence, +or, if acquitted, discharge him. + +The same course should be pursued with a Mason whose conduct during the +period of his suspension has been liable to reproach or suspicion. Masons +have rights as well as citizens--every one is to be considered innocent +until he is proved guilty--and no one should suffer punishment, even of +the lightest kind, except after an impartial trial by his peers. + +But the case of an indefinite suspension is different. Here no particular +time has been appointed for the termination of the punishment. It may be +continued during life, unless the court which has pronounced it think +proper to give a determinate period to what was before indeterminate, and +to declare that on such a day the suspension shall cease, and the offender +be restored. In a case of this kind, action on the part of the lodge is +necessary to effect a restoration. + +Such a sentence being intended to last indefinitely--that is to say, +during the pleasure of the lodge--may, I conceive, be reversed at any +legal time, and the individual restored by a mere majority vote the of +lodge. Some authorities think a vote of two-thirds necessary; but I see no +reason why a lodge may not, in this as in other cases, reverse its +decision by a vote of a simple majority. The Ancient Constitutions are +completely silent on this and all its kindred points; and, therefore, +where a Grand Lodge has made no local regulation on the subject, we must +be guided by the principles of reason and analogy, both of which direct us +to the conclusion that a lodge may express its will, in matters +unregulated by the Constitutions, through the vote of a majority. + +But the restoration of an expelled Mason requires a different action. By +expulsion, as I have already said, all connection with the Order is +completely severed. The individual expelled ceases to be a Mason, so far +as respects the exercise of any masonic rights or privileges. His +restoration to the Order is, therefore, equivalent to the admission of a +profane. Having ceased on his expulsion to be a member of the lodge which +had expelled him, his restoration would be the admission of a new member. +The expelled Mason and the uninitiated candidate are to be placed on the +same footing--both are equally unconnected with the institution--the one +having never been in it, and the other having been completely discharged +from it. + +The rule for the admission of new members, as laid down in the Thirty-nine +Regulations, seems to me, therefore, to be applicable in this case; and +hence, I conceive that to reverse a sentence of expulsion and to restore +an expelled Mason will require as unanimous a vote as that which is +necessary on a ballot for initiation. + +Every action taken by a lodge for restoration must be done at a stated +communication and after due notice, that if any member should have good +and sufficient reasons to urge against the restoration, he may have an +opportunity to present them. + +In conclusion, the Grand Lodge may restore a suspended or expelled Mason, +contrary to the wishes of the lodge. + +In such case, if the party has been suspended only, he, at once, resumes +his place and functions in the lodge, from which, indeed, he had only been +temporarily dissevered. + +But in the case of the restoration of an expelled Mason to the rights and +privileges of Masonry, by a Grand Lodge, does such restoration restore him +to membership in his lodge? This question is an important one, and has +very generally been decided in the negative by the Grand Lodges of this +country. But as I unfortunately differ from these high authorities, I +cannot refrain, as an apology for this difference of opinion, from +presenting the considerations which have led me to the conclusion which I +have adopted. I cannot, it is true, in the face of the mass of opposing +authority, offer this conclusion as masonic law. But I would fain hope +that the time is not far distant when it will become so, by the change on +the part of Grand Lodges of the contrary decisions which they have made. + +The general opinion in this country is, that when a Mason has been +expelled by his lodge, the Grand Lodge may restore him to the rights and +privileges, but cannot restore him to membership in his lodge. My own +opinion, in contradiction to this, is, that when a Grand Lodge restores an +expelled Mason, on the ground that the punishment of expulsion from the +rights and privileges of Masonry was too severe and disproportioned to the +offense, it may or may not restore him to membership in his lodge. It +might, for instance, refuse to restore his membership on the ground that +exclusion from his lodge is an appropriate punishment; but where the +decision of the lodge as to the guilt of the individual is reversed, and +the Grand Lodge declares him to be innocent, or that the charge against +him has not been proved, then I hold, that it is compelled by a just +regard to the rights of the expelled member to restore him not only to the +rights and privileges of Masonry, but also to membership in his lodge. + +I cannot conceive how a Brother, whose innocence has been declared by the +verdict of his Grand Lodge, can be deprived of his vested rights as the +member of a particular lodge, without a violation of the principles of +justice. If guilty, let his expulsion stand; but, if innocent, let him be +placed in the same position in which he was before the passage of the +unjust sentence of the lodge which has been reversed. + +The whole error, for such I conceive it to be, in relation to this +question of restoration to membership, arises, I suppose, from a +misapprehension of an ancient regulation, which says that "no man can be +entered a Brother in any particular lodge, or admitted a member thereof, +without the unanimous consent of all the members"--which inherent +privilege is said not to be subject to dispensation, "lest a turbulent +member should thus be imposed upon them, which might spoil their harmony, +or hinder the freedom of their communication, or even break and disperse +the Lodge." But it should be remembered that this regulation altogether +refers to the admission of new members, and not to the restoration of old +ones--to the granting of a favor which the candidate solicits, and which +the lodge may or may not, in its own good pleasure, see fit to confer, and +not to the resumption of a vested and already acquired right, which, if it +be a right, no lodge can withhold. The practical working of this system of +incomplete restoration, in a by no means extreme case, will readily show +its absurdity and injustice. A member having appealed from expulsion by +his lodge to the Grand Lodge, that body calmly and fairly investigates the +case. It finds that the appellant has been falsely accused of an offense +which he has never committed; that he has been unfairly tried, and +unjustly convicted. It declares him innocent--clearly and undoubtedly +innocent, and far freer from any sort of condemnation than the prejudiced +jurors who convicted him. Under these circumstances, it becomes +obligatory that the Grand Lodge should restore him to the place he +formerly occupied, and reinvest him with the rights of which he has been +unjustly despoiled. But that it cannot do. It may restore him to the +privileges of Masonry in general; but, innocent though he be, the Grand +Lodge, in deference to the prejudices of his Brethren, must perpetuate a +wrong, and punish this innocent person by expulsion from his lodge. I +cannot, I dare not, while I remember the eternal principles of justice, +subscribe to so monstrous an exercise of wrong--so flagrant an outrage +upon private rights. + + + + +Index. + + + +A. + + +Accused, to what he is entitled +Act passed in the reign of Henry VI., anno 1425 + " " " it was never enforced +Actual Past Master, term defined +Adjournment, a term not recognized in Masonry + " motion for, cannot be entertained +Affiliated Masons only, can visit lodges +Affiliation, what it is + " mode of + " requires unanimity + " Master Masons only entitled to it + " rejected application for, may be renewed in other lodges + " may be made with more than one lodge +Age, qualifications of candidates as to +Appeal from Grand Master not permitted + " not to be entertained in a lodge + " cannot be taken from the chair + " doctrine of, discussed + " from the Master, must be to the Grand Lodge + " every Mason has a right to one, to the Grand Lodge + " pending one, the sentence is in abeyance +Apprentices, rights of _(see Entered Apprentice_) +Arrears, non-payment of + " to lodges, history of their origin + " do not accrue during suspension +Assembly, general-one held in 287 by St. Alban + " " " in 926 at York + " " governed the craft for nearly 800 years + " " how organized +Atheist cannot be a Mason +Authorities for masonic law + + + +B. + + +Balloting for candidates + every member must take a part in it + secrecy of, inviolable + must be unanimous + Mason irresponsible for it to the lodge + not disfranchised of it by non-payment of arrears + mode of +Balloting in each degree + not actually prescribed in the ancient constitutions, but implied + must be unanimous +Ballot, reconsideration of + motion for, out of order + cannot be granted by dispensation +Black ball is the bulwark of Masonry +Brother, a title to be always used in lodge +Burial, masonic, right of + must be requested except for strangers + Master Masons only entitled to it + dispensation for, not usually required +Business, order of + may be suspended at any time by the Master +By-laws must be approved and confirmed by Grand Lodge + + + +C. + + +Calling from labor to refreshment +Censure, a masonic punishment +Certificates, masonic +Chaplain, Grand (_see Grand Chaplain_) +Charges of accusation, how to be made +Closing lodge is at the discretion of the Master +Committee of investigation on character of candidates +Committees to be appointed by the Master + Master is chairman of, when present +Communication of a lodge, how terminated +Consecration of a lodge how performed + meaning of +Constituting a lodge, ceremony of + meaning of +Constitutions, how to be altered +" Gothic, adopted in 926, +Corn, wine, and oil, masonic elements of consecration, +" " " why elements, +Crimes, masonic, +" " definition of, +" " enumeration of + + + +D. + + +Deacons, +" two in each lodge, +" are appointed officers, +" not removable by Master or Senior Warden +" Grand _(see Grand Deacons_) +Dedication of a lodge, how performed +" to whom, and why, +" meaning of +Definite suspension +" " restoration from +Degrees, no candidate can receive more than two at one communication +Demitting +" right of, not denied until recently, +" regulations concerning +" of many at one time may be refused +Deputy Grand Master, duties and prerogatives of +" " office of, not very ancient +" " exercises prerogatives of Grand Master in his absence +"" cannot be more than one +"" originally appointed by Grand Master +Discussions, how to be conducted in lodge, +Dispensation what and where to be granted +"for a lodge +"" " tenure of its duration +"" " difference from a Warrant +District Deputy Grand Master, a modern invention +Dotage a disqualification of candidates +" meaning of the term +Dues to lodges, a modern usage +" non-payment of, does not disqualify from voting for candidates + + + +E. + + +Emergency, rule upon the subject +Entered Apprentice, rights of + formerly a member of his lodge + formerly permitted to attend the Grand Communications + may sit in a lodge of his degree + cannot speak or vote + cannot be deprived of his rights without trial + after trial may appeal to the Grand Lodge +Erasure from lodge, a masonic punishment +Evidence in masonic trials +Examination of visitors + how to be conducted +Exclusion, a masonic punishment +Executive powers of a Grand Lodge +Expulsion is masonic death +Expulsion, a masonic punishment + should be inflicted by Grand Lodge or with its approval + from higher degrees, its effect + restoration from +Extinct lodges, funds of, revert to the Grand Lodge + + + +F. + + +Family distressed, of a Mason, entitled to relief +Fellow Craft, rights of + they formerly constituted the great body of the Fraternity + formerly permitted to speak, but not vote +Finishing candidates of one lodge in another +Fool cannot be a Mason +Free, a candidate must be, at the time of making +Free-born, a Mason must be + reason for the rule +Funds of extinct lodges revert to the Grand Lodge + + + +G. + + +General Assembly. (_See Assembly, General._) +God, belief in, a qualification of a candidate +Gothic constitutions adopted in 926 +Grand Chaplain, + office established in 1775 + duties of +Grand Deacons + office more ancient than Oliver supposes + duties of + how appointed +Grand Lodge held in 1717 + mode of organizing one + three lodges necessary to organize one + dormant may be revived if a Grand Officer remains, + all the Craft formerly members of + Masters and Wardens of lodges are members + Grand Officers are also members + Past Masters are not members by inherent right + its powers and prerogatives + may make new regulations + must observe the landmarks +Grand Lodges, historical sketch of + are comparatively modern institutions +Grand Marshal + appointed by the Grand Master + duties of +Grand Master, duties and prerogatives of + office of has existed since the origin of Masonry + an elective officer + by whom to be installed + prerogatives of, derived from two sources + no appeal from his decision + may convene Grand Lodge when he chooses + entitled to two votes + how to be punished + may grant dispensations +Grand Master may make Masons at sight + may constitute new lodges + cannot dispense with requisite forms in making Masons + his own lodge cannot exercise jurisdiction over him +Grand Pursuivant +Grand Secretary + office of established in 1723 + duties of +Grand Secretary, may appoint an assistant +Grand Stewards + " " first mentioned in 1721 + " " duties of + " " appointed by Junior Grand Warden +Grand Stewards' Lodge +Grand Sword-Bearer + " " duties of + " " office of, constituted in 1731 +Grand Tiler +" " office of, must have existed from the earliest times +" " must not be a member of the Grand Lodge +" " sometimes appointed, and sometimes elected +Grand Treasurer +" " office of, established in 1724 +" " duties of +" " has always been elected +Grand Wardens +" " originally appointed by the Grand Master +" " succeed the Grand Master and Deputy + + + +H. + + +Heresy not a masonic crime +Higher degrees, effect of expulsion from +Historical sketch + + + +I. + + +Idiot cannot be made a Mason +Impostor, how to be treated in examination +Incompetent witnesses, who they are +Indefinite suspension +" " restoration from +Innovations cannot be made in the body of Masonry +Insanity, if perfectly cured, no disqualification of a candidate +Installation + " whence the term derived + " necessary to legal existence of an officer + " of a Master of a lodge + " of the Grand Master +Instruction of representatives, right of, is vested in a lodge +Investigation of character must be by a committee +Irreligious libertine cannot be a Mason + " " definition of the term + + + +J. + + +Judicial powers of a Grand Lodge, +Junior Grand Warden +Junior Warden, + " " presides in absence of Master and Senior Warden, + " " does not take the West in absence of Senior Warden, + " " presides over the craft during refreshment + " " appoints the stewards +Jurisdiction of a lodge + " geographical or personal + " is over all its members + " " " unaffiliated Masons in its vicinity + " cannot extend beyond State lines, + " none over its Master + + + +K. + + +Knowledge of reading and writing necessary to a Mason + + + +L. + + +Labor, calling from, to refreshment +Landmarks, what they are, + " ritual and legislative + " must be observed by the Grand Lodge +Law of Grand Lodges + " subordinate lodges + " individuals +Lawful information, what it is +Laws, how to be interpreted + " of Masonry are of two kinds--written and unwritten + " written, whence derived + " unwritten, whence derived + " " same as ancient usage +Legislative powers of a Grand Lodge +Libertine, irreligious, cannot be a Mason + meaning of the term +Lodge, subordinate + definition of + how organized + must have been congregated by some superior authority +Lodge, under dispensation + definition of + generally precedes a warranted lodge + how formed + cannot make by-laws + cannot elect officers + cannot install officers + cannot elect members +Lodge, warranted + its powers and rights + must be consecrated + must be dedicated + must be constituted + its officers must be installed + ceremony of installation in + its powers are inherent in it + its reserved rights are secured by the regulations + an assembly of the craft in their primary capacity + may select its own members + elects its own officers + what officers of, are elected in England + may install its officers + Master of, must be installed by a past Master + may be represented in the Grand Lodge + representatives of + may instruct its representatives + may frame by-laws + may suspend or exclude a member + may declare a member expelled, the sentence to be approved by the Grand Lodge + may levy annual contributions + may select its name + cannot select its number + duties of + cannot alter the ritual + must elect officers at a particular time +Lodge, warranted, cannot interfere with business of another lodge + " " cannot initiate without previous notice + " " cannot confer more than two degrees on the same candidate at one time + " " cannot make more than five new Brothers at the same time + " " must meet once a month + " " neglecting to meet forfeits its warrant + " " cannot remove from the town, without the consent of the Grand Lodge + " " may remove from one part of the town to another, under restrictions + " " officers of + + + +M. + + +Madmen cannot be Masons +Maims, how far disqualifying candidates + " reason for the rule relating to +Mass meeting of the craft cannot organize a Grand Lodge +Master, Grand. _(See Grand Master_.) +Master Mason, rights of + " " becomes a member by signing the by-laws + " " how this right is forfeited + " " may apply to any lodge for membership + " " to whom subject for discipline + " " may speak and vote on all questions + " " may hold any office to which elected + " " but to serve as Master must have been a Warden + " " may appeal to the Grand Lodge + " " may visit any lodge, after examination +Master of a lodge + " " " must have previously served as Warden + " " " must see Grand Lodge regulations enforced + " " " must be installed by a Past Master + " " " has the warrant in charge + " " " may call special meetings of his lodge + " " " may close his lodge at any time + " " " presides over business as well as labor + " " " is supreme in his lodge +Master of a lodge, no appeal from his decision except to Grand +Lodge + moral qualifications of + intellectual qualifications of + who is to judge of them + is a member of the Grand Lodge + may exclude a member temporarily +Membership, right of +Members of Grand Lodge are Masters and Wardens with the Grand Officers +Minutes, when to be read + how to be amended + not to be read at special communications + formula for keeping +Moral law, what it is + a Mason must obey it +Motions, when to be entertained + + + +N. + + +Name of a lodge to be selected by itself +Non-residents, initiation of +Number of a lodge regulates its precedency + of candidates to be initiated at one communication + + + +O. + + +Office, can be vacated only by death, removal, or expulsion + not vacated by suspension +Officers of a Grand Lodge + subordinate lodge + warranted lodge must be installed + how to be installed + time of election determined by Grand Lodge + elected annually + vacancies in, how to be supplied + cannot resign +Order, rules of + whence derived + + + +P. + + +Parliamentary law not applicable to Masonry +Past Masters + rights of + not members of the Grand Lodge by inherent right + may install their successors + of two kinds--actual and virtual + may preside in a lodge + eligible to election to the chair + entitled to a seat in the East + eligible to be elected Deputy Grand Master, or Grand Warden + virtual, cannot be present at installing a Master +Penal jurisdiction of a lodge +Perfect youth, meaning of the term +Perfection, physical, why required of a candidate +Petition of candidate + must be read at a regular communication + referred to a committee of three + reported on at next regular communication + report on, cannot be made at a special communication + renewal of, in case of rejection + how to be renewed, if rejected + for advancement to a higher degree + if rejected, how to be renewed +Petitioners, not less than seven to form a lodge + what they must set forth + must be recommended by nearest lodge +Political offenses not cognizable by a lodge +Political qualifications of candidates +Postponed business, when to be called up +Precedency of lodges, regulated by their numbers +Presiding in a lodge, who has the right of + officer, has the prerogatives of the Master, for the time +Previous question, unknown in Masonry +Probation of candidates + for initiation + for advancement +Proceedings of a regular communication cannot be amended at a special one +Profanes, testimony of, how to be taken in trials +Proficiency of candidates +Proficiency of candidates, must be suitable +Punishments, masonic +Pursuivant, a title equivalent to Sword-Bearer + + + +Q. + + +Qualifications of a Master of a lodge + of candidates, + moral + religious + physical + intellectual + political, 184 +Quarterly communications of Grand Lodge, ordered in 1717 +Question, how to be taken on a motion + + + +R. + + +Reading, a qualification of candidates +Recommendation of nearest lodge, necessary to form a new one + of candidate, must be by two members +Reconsideration of ballot + motion for, is out of order, + cannot be granted by dispensation +Rejected candidate cannot apply to any other lodge + renewed petition of, when to be made, +Relief, right of claiming it + unworthy Masons not entitled to it +Religion of a Mason, what it is required to be +Religious offenses not cognizable by a lodge +Removal of a lodge, rule on the subject of +Representatives of a lodge, who they are +Reprimand, a masonic punishment +Restoration + from definite suspension + indefinite supension + expulsion + must be at a stated communication + may be by Grand Lodge + requires a unanimous vote + to membership discussed + + + +S. + + +Secretary, Grand. (_See Grand Secretary._) + of a lodge + his duty + is a recording, corresponding, and receiving officer + is a check upon the treasurer + often receives compensation + in case of death, or expulsion, a successor may be elected + but not in case of removal, or sickness +Senior Grand Warden. (_See Grand Wardens._) +Senior Warden + presides in absence of Master + may invite a Past Master to preside + presides over the craft during labor + appoints the Junior Deacon +Sentence in trials, how to be obtained + ---- is in abeyance pending an appeal +Stewards, Grand. (_See Grand Stewards._) + of a lodge + appointed by Junior Warden + duties of + not removable by Junior Warden +Stranger, initiation of +Suspension + definite + indefinite +Sword Bearer, Grand. (_See Grand Sword Bearer._) + + + +T. + + +Testimony, how to be taken on masonic trials +Tiler, Grand. (_See Grand Tiler._) + of a lodge + office existed from beginning of the institution + no lodge can be without one + must be a worthy Master Mason + if a member, the office does not disfranchise him + when voting, Junior Deacon takes his place + may be removed for misconduct +Tiler's obligation, form of it +Transient persons, initiation of +Treasurer, Grand. _(See Grand Treasurer_.) + " " of a lodge + " " duties of + " " is the only banker of the lodge + " " is a disbursing officer + " " a Brother of worldly substance usually selected + " " in case of death, a successor may be elected + " " but not in case of sickness, or removal +Trials, masonic + " " form of + " " evidence in + + +U. + + +Unaffiliated Masons + " " tax sometimes levied on + " " position, rights, and duties of +Unaffiliation, contrary to the spirit of Masonry + " effect of, on a Mason +Unanimity in the ballot required by the ancient constitutions +Uneducated candidates not forbidden by positive enactment + " " their admission opposed to the spirit of the institution + + +V. + + +Virtual Past Masters, who they are +Visit, right of + " only affiliated Mason entitled to it + " must be preceded by an examination + " requires a certificate to insure it +Visitors, examination of, described + " must take the Tiler's obligation +Voting must always be by a show of hands +Voting in trials, obligatory on all members present +Voucher must be a competent Mason +Vouching for a visitor + + + +W. + + +Wardens, Grand. (_See Grand Wardens._) + of a lodge are assistants of the Master + entitled to membership in Grand Lodge +Warden, Senior. (_See Senior Warden._) +Warden, Junior. (_See Junior Warden._) +Warrant of constitution + what it is + its difference from a dispensation + can be revoked only by the Grand Lodge + confers powers of installation and succession + not necessary before 1717 + cannot be resigned by a majority of the lodge +Warranted lodges. (_See Lodges, Warranted._) +Witnesses in masonic trials, qualifications of + definition of incompetent ones +Woman cannot be made a Mason +Writing, a qualification of candidates + + + +Y. + + +Yeas and nays, calling for, unmasonic +Young man under age cannot be made a Mason +Youth, perfect, meaning of the term + + + + +Footnotes + + + +[1] They will be found in Oliver's edition of Preston, p. 71, note, +(U.M.L., vol. iii., p. 58), or in the American edition by Richards, +Appendix i., note 5. + +[2] Found in Ol. Preston, n. 3 (p. 162. U.M.L., vol. iii., p. 134). + +[3] In all references to, or citations from, Anderson's Constitutions, I +have used, unless otherwise stated, the first edition printed at London in +1723--a fac simile of which has recently been published by Bro. John W. +Leonard, of New York. I have, however, in my possession the subsequent +editions of 1738, 1755, and 1767, and have sometimes collated them +together. + +[4] The Gothic Constitutions are that code of laws which was adopted by +the General Assembly at York, in the year 926. They are no longer extant, +but portions of them have been preserved by Anderson, Preston, and other +writers. + +[5] Preston, book iv., sec, 2., p. 132, n. (U.M.L.,vol. iii., p. 109). + +[6] General Regulations, art. xxxix. + +[7] Chancellor Walworth, in his profound argument on the New York +difficulties, asserted that this fact "does not distinctly appear, +although it is, pretty evident that all voted."--p. 33. The language of +Anderson does not, however, admit of a shadow of a doubt. "The Brethren," +he says, "by a majority of hands, elected," &c. + +[8] Opinion of Chancellor Walworth upon the questions connected with the +late masonic difficulties in the State of New York, p. 37. There is much +historical learning displayed in this little pamphlet. + +[9] Preston, p. 131, n., Oliver's Edit. (U.M.L., vol. iii.,p. 109). + +[10] Of the thirty-six Grand Masters who have presided over the craft in +England since the revival of Masonry in 1717, thirty have been noblemen, +and three princes of the reigning family. + +[11] Article xxxiv. + +[12] His most important prerogatives are inherent or derived from ancient +usage. + +[13] Proceedings G.L. Maryland, 1849, p. 25. + +[14] Art. xxxix. + +[15] The word "time" has been interpreted to mean _communication_. + +[16] And this is not because such past officer has an inherent right to +the mastership, but because as long as such an one is present and willing +to serve, there does not exist such an emergency as would authorize a +dispensation of the law. + +[17] What further concerns a lodge under dispensation is referred to a +special chapter in a subsequent part of the work. + +[18] It is well known, although it cannot be quoted as authority, that the +Athol Constitutions expressly acknowledged the existence of this +prerogative. See Dermott's Ahiman Rezon. + +[19] Book of Constitutions, edit. 1767, p. 222. + +[20] Book of Const., p. 233. + +[21] Book of Const., p. 313. + +[22] Book of Constitutions, p. 319. + +[23] Preston, p. 237, ed. 1802, (U.M.L., vol. iii., p. 223). + +[24] Book of Constitutions, p. 247 + +[25] The existence of this prerogative is denied by the Grand Lodges of +Missouri, Tennessee, Louisiana, and Massachusetts, while it is admitted by +those of New York, Kentucky, North Carolina, South Carolina, Wisconsin, +Vermont, Mississippi, Ohio, New Hampshire, Maryland, Indiana, Texas and +Florida; in the last two, however, subject to limitation. + +[26] That is, the one who has longest been a Freemason. + +[27] Book of the Lodge, p. 115 (U.M.L., vol. i., book 2, p. 78). + +[28] It was abolished in New York in 1854. + +[29] This is a small chest or coffer, representing the ark of the +covenant, and containing the three great lights of Masonry. + +[30] "What man is there that hath a new house and hath not dedicated it? +Let him go and return to his house, lest he die in the battle and another +man dedicate it." Deut. xx. 5. + +[31] De Syned. Vet. Ebraeor., 1. iii., c. xiv., Sec. 1. + +[32] Cicero, Brut. i. + +[33] See such a form of Dispensation in Cole's Masonic Library, p. 91. + +[34] Preston, Append., n. 4 (U.M.L., vol. iii., pp. 150, 151). + +[35] Book of Constitutions, orig. ed, p., 70 (U.M.L., vol. xv., book 1, p. +70). + +[36] General Regulations of 1722. A subsequent regulation permitted the +election of a candidate, if there were not more than three black balls +against him, provided the lodge desired such a relaxation of the rule. The +lodges of this country, however, very generally, and, as I think, with +propriety, require unanimity. The subject will be hereafter discussed. + +[37] Every lodge shall annually elect its Master and Treasurer by ballot. +Such Master having been regularly appointed and having served as Warden of +a warranted lodge for one year. _Constitutions of the Ancient Fraternity +of Free and Accepted Masons, published by authority of the United Grand +Lodge of England_, 1847, _p_. 58 (U.M.L., vol. ix., book 1). + +[38] The Wardens, or officers, of a lodge cannot be removed, unless for a +cause which appears to the lodge to be sufficient; but the Master, if he +be dissatisfied with the conduct of any of his officers, may lay the cause +of complaint before the lodge; and, if it shall appear to the majority of +the Brethren present that the complaint be well founded, he shall have +power to displace such officer, and to nominate another. _English +Constitutions, as above, p._ 80 (U.M.L., vol. ix., book 1). + +[39] It is not necessary that he should be a Past Master of the lodge. + +[40] No master shall assume the Master's chair, until he shall have been +regularly installed, though he may in the interim rule the lodge. _English +Constitutions_ (U.M.L., vol. ix., book 1). + +[41] Every Warranted Lodge is a constituent part of the Grand Lodge, in +which assembly all the power of the fraternity resides. _English +Constitutions, p_. 70 (U.M.L., vol. ix., book 1). + +[42] We shall not here discuss the question whether Past Masters are +members of the Grand Lodge, by inherent right, as that subject will be +more appropriately investigated when we come to speak of the Law of Grand +Lodges, in a future chapter. They are, however clearly, not the +representatives of their lodge. + +[43] Preston, p. 167 (U.M.L., vol. iii., p. 151). + +[44] General Regulations. Of the duty of members, Art. X, (U.M.L., vol. +xv., book 1, p. 61). + +[45] English Constitutions, p. 59 (U.M.L., vol. ix., book 1). + +[46] In selecting the name, the modern Constitutions of England make the +approbation of the Grand Master or Provincial Grand Master necessary. + +[47] Such is the doctrine of the modern English Constitutions. + +[48] "No Brother can be a Warden until he has passed the part of a Fellow +Craft; nor a Master until he has acted as a Warden."--_Old Charges_, IV. +(U.M.L., vol. xv., book 1, p. 52). + +[49] Regulations on Installation of a Master, No. III. Preston, p. 74 +(U.M.L., vol. iii., p. 61). + +[50] Hats. quoted in Jefferson, p. 14. + +[51] One of the ancient charges, which Preston tells us that it was the +constant practice of our Ancient Brethren to rehearse at the opening and +closing of the lodge, seems to refer to this rule, when it says, "the +Master, Wardens, and Brethren are just and faithful, and _carefully finish +the work they begin_."--Oliver's Preston, p. 27, _note_ (U.M.L., vol. +iii., p. 22). + +[52] Proceedings of G.L. of Tennessee, 1850. Appendix A, p. 8. + +[53] Book of Constitutions, edition of 1755, p. 282. + +[54] If it is an extra communication, this item of the transaction is, of +course, omitted, for minutes are only to be confirmed at regular +communications. + +[55] Oliver's Preston, p. 163, note (U.M.L., vol. iii., p. 135). + +[56] Such is the provision in the modern constitutions of England, but the +4th of the 39 Regulations required the candidate to be at least +twenty-five. + +[57] See these regulations in Preston, p. 162, Oliver's ed. (U.M.L., vol. +iii., p. 135). + +[58] Oliver's Preston, p. 72, (U.M.L., vol. iii., p. 59). + +[59] Blackstone, Com. I., Introd., Sec. 2. + +[60] In an able report on this subject, in the proceedings of the Grand +Lodge of Georgia for 1852. In accordance with the views there expressed, +Bro. Rockwell decided officially, as District Deputy Grand Master, in +1851, that a man who had lost one eye was not admissible. + +[61] Potter, 184. + +[62] Page 18. In December, 1851, the Committee of Correspondence of North +Carolina, unregardful of the rigid rule of their predecessors, decided +that maimed candidates might be initiated, "provided their loss or +infirmity will not prevent them from making full proficiency in Masonry." + +[63] Proceedings of the G.L. of Mo. for 1823, p. 5. The report and +resolution were on the petitions of two candidates to be initiated, one +with only one arm, and the other much deformed in his legs. + +[64] When the spirit of expediency once begins, we know not where it will +stop. Thus a blind man has been initiated in Mississippi, and a one-armed +one in Kentucky; and in France a few years since, the degrees were +conferred by sign-language on a deaf mute! + +[65] Namely, the incorrectly presumed operative origin of the Order. The +whole of this report, which is from the venerable Giles F. Yates, contains +an able and unanswerable defense of the ancient law in opposition to any +qualification. + +[66] See proceedings of New York, 1848, pp. 36, 37. + +[67] Such is the formula prescribed by the Constitutions of England as +well as all the Monitors in this country. + +[68] See Mackey's Lexicon of Freemasonry, 3d Edit., art, _Ballot_. + +[69] Book of Constitutions. Edit. 1755, p. 312. + +[70] See Mackey's Lexicon of Freemasonry, 3d Edit., art. _Ballot_ + +[71] Except when there is but one black ball, in which case the matter +lies over until the next stated meeting. See preceding Section. + +[72] Masonry founded on Scripture, a Sermon preached in 1752, by the Rev. +W. Williams. + +[73] That is, advance him, from the subordinate position of a serving man +or Apprentice, to that of a Fellow Craft or journeyman. + +[74] This is also the regulation of the Grand Lodge of South Carolina. + +[75] Proceedings of Grand Lodge of New York, for 1845. He excepts, of +course, from the operation of the rule, those made by dispensation; but +this exception does not affect the strength of the principle. + +[76] Preston, edition of Oliver, p. 12 (U.M.L., vol. iii., p. 10). + +[77] Transactions of the G.L. of New York, anno 1848, p. 73. + +[78] Edition of 1723, page 71 (U.M.L., vol. xv., book 1, p. 71). + +[79] Preston, p. 48 (U.M.L., vol, iii., p. 40). + +[80] Const. New York, 1854, p. 13. The Constitutions of the Grand Lodge of +England (p. 64) have a similar provision; but they require the Brother to +express his wish for membership on the day of his initiation. + +[81] Preston, Oliver's Ed., p. 71, _note_ (U.L.M., vol. iii., p. 60). + +[82] See Oliver, note in Preston, p. 75 (U.M.L., vol. iii, p. 61). + +[83] Oliver's Preston, p. 162 (U.M.L., vol. iii., p. 135.) + +[84] See Anderson's Const., 3d Edit., 1755, page 303. + +[85] Preston, Oliver's Edit., p. 89 (U.M.L., vol. iii., p. 72). + +[86] Preston, Oliver's Edit" p. 90 (U.M.L., vol. iii., p. 73). + +[87] Book I., chap. iii. + +[88] Proceedings of Louisiana, an. 1852. + +[89] Preston, Oliver's Edit., p. 76 (U.M.L., vol. iii, p. 62). + +[90] Ibid + +[91] See Mackey's Lexicon of Freemasonry, _in voce_. + +[92] Constitutions, Second Edition of 1738, p. 154. + +[93] Proceedings for 1853. + +[94] Proceedings for 1847. + +[95] The right to visit is restricted to once, by many Grand Lodges to +enable him to become acquainted with the character of the lodge before he +applies for membership. + +[96] Blackstone, Introd., Sec. i. + +[97] For so we should interpret the word "honeste." + +[98] I have treated this subject of expulsion so fully in my "Lexicon of +Freemasonry," and find so little more to say on the subject, that I have +not at all varied from the course of argument, and very little from the +phraseology of the article in that work. + +[99] In England, ejection from a membership by a subordinate lodge is +called "exclusion," and it does not deprive the party of his general +rights as a member of the fraternity. + +[100] Lexicon of Freemasonry. + +[101] Phillips, on Evidence, p. 3. + +[102] Chief Baron Gilbert. + + + + + +End of Project Gutenberg's The Principles of Masonic Law, by Albert G. 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