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.
  • Section I. Of the Powers and Rights of a Lodge.
  • Section II. Of the Duties of a Lodge.
• 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.

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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.

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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."

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.

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II.

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.

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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.

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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.

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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.

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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:

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.

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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.

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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.

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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.

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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.

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IV.

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.

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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 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.

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

Expulsion ^[98] 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]rthy of his consideration.

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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.

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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.

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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."

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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.

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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

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