It must, however, be noted, that the testimony of persons who are not Masons is not to be given as that of Masons is, within the precincts of the lodge. They are not to be present at the trial; and whatever testimony they have to adduce, must be taken by a committee, to be afterwards accurately reported to the lodge. But in all cases, the accused has a right to be present, and to interrogate the witnesses.

The only remaining topic to be discussed is the method of taking the testimony, and this can be easily disposed of.

The testimony of Masons is to be taken either in lodge or in committee, and under the sanction of their obligations.

The testimony of profanes is always to be taken by a committee, and on oath administered by a competent legal officer—the most convenient way of taking such testimony is by affidavit.



Chapter IV.

Of the Penal Jurisdiction of a Lodge.



The penal jurisdiction of a lodge is that jurisdiction which it is authorized to exercise for the trial of masonic offenses, and the infliction of masonic punishment. It may be considered as either geographical or personal.

The geographical jurisdiction of a lodge extends in every direction, half way to the nearest lodge. Thus, if two lodges be situated at the distance of sixteen miles from each other, then the penal jurisdiction of each will extend for the space of eight miles in the direction of the other.

The personal jurisdiction of a lodge is that jurisdiction which a lodge may exercise over certain individuals, respective or irrespective of geographical jurisdiction. This jurisdiction is more complicated than the other, and requires a more detailed enumeration of the classes over whom it is to be exercised.

1. A lodge exercises penal jurisdiction over all its members, no matter where they may reside. A removal from the geographical jurisdiction will not, in this case, release the individual from personal jurisdiction. The allegiance of a member to his lodge is indefeasible.

2. A lodge exercises penal jurisdiction over all unaffiliated Masons, living within its geographical jurisdiction. An unaffiliated Mason cannot release himself from his responsibilities to the Order. And if, by immoral or disgraceful conduct, he violates the regulations of the Order, or tends to injure its reputation in the estimation of the community, he is amenable to the lodge nearest to his place of residence, whether this residence be temporary or permanent, and may be reprimanded, suspended, or expelled.

This doctrine is founded on the wholesome reason, that as a lodge is the guardian of the purity and safety of the institution, within its own jurisdiction, it must, to exercise this guardianship with success, be invested with the power of correcting every evil that occurs within its precincts. And if unaffiliated Masons were exempted from this control, the institution might be seriously affected in the eyes of the community, by their bad conduct.

3. The personal jurisdiction of a lodge, for the same good reason, extends over all Masons living in its vicinity. A Master Mason belonging to a distant lodge, but residing within the geographical jurisdiction of another lodge, becomes amenable for his conduct to the latter, as well as to the former lodge. But if his own lodge is within a reasonable distance, courtesy requires that the lodge near which he resides should rather make a complaint to his lodge than itself institute proceedings against him. But the reputation of the Order must not be permitted to be endangered, and a case might occur, in which it would be inexpedient to extend this courtesy, and where the lodge would feel compelled to proceed to the trial and punishment of the offender, without appealing to his lodge. The geographical jurisdiction will, in all cases, legalize the proceedings.

4. But a lodge situated near the confines of a State cannot extend its jurisdiction over Masons residing in a neighboring State, and not being its members, however near they may reside to it: for no lodge can exercise jurisdiction over the members of another Grand Lodge jurisdiction. Its geographical, as well as personal jurisdiction, can extend no further than that of its own Grand Lodge.

5. Lastly, no lodge can exercise penal jurisdiction over its own Master, for he is alone responsible for his conduct to the Grand Lodge. But it may act as his accuser before that body, and impeach him for any offense that he may have committed. Neither can a lodge exercise penal jurisdiction over the Grand Master, although under other circumstances it might have both geographical and personal jurisdiction over him, from his residence and membership.



Chapter V.

Of Appeals.



Every Mason, who has been tried and convicted by a lodge, has an inalienable right to appeal from that conviction, and from the sentence accompanying it, to the Grand Lodge.

As an appeal always supposes the necessity of a review of the whole case, the lodge is bound to furnish the Grand Lodge with an attested copy of its proceedings on the trial, and such other testimony in its possession as the appellant may deem necessary for his defense.

The Grand Lodge may, upon investigation, confirm the verdict of its subordinate. In this case, the appeal is dismissed, and the sentence goes into immediate operation without any further proceedings on the part of the lodge.

The Grand Lodge may, however, only approve in part, and may reduce the penalty inflicted, as for instance, from expulsion to suspension. In this case, the original sentence of the lodge becomes void, and the milder sentence of the Grand Lodge is to be put in force. The same process would take place, were the Grand Lodge to increase instead of diminishing the amount of punishment, as from suspension to expulsion. For it is competent for the Grand Lodge, on an appeal, to augment, reduce or wholly abrogate the penalty inflicted by its subordinate.

But the Grand Lodge may take no direct action on the penalty inflicted, but may simply refer the case back to the subordinate for a new trial. In this case, the proceedings on the trial will be commenced de novo, if the reference has been made on the ground of any informality or illegality in the previous trial. But if the case is referred back, not for a new trial, but for further consideration, on the ground that the punishment was inadequate—either too severe, or not sufficiently so—in this case, it is not necessary to repeat the trial. The discussion on the nature of the penalty to be inflicted should, however, be reviewed, and any new evidence calculated to throw light on the nature of the punishment which is most appropriate, may be received.

Lastly, the Grand Lodge may entirely reverse the decision of its subordinate, and decree a restoration of the appellant to all his rights and privileges, on the ground of his innocence of the charges which had been preferred against him. But, as this action is often highly important in its results, and places the appellant and the lodge in an entirely different relative position, I have deemed its consideration worthy of a distinct chapter.

During the pendency of an appeal, the sentence of the subordinate lodge is held in abeyance, and cannot; be enforced. The appellant in this case remains in the position of a Mason "under charges."



Chapter VI.

Of Restoration.



The penalties of suspension and expulsion are terminated by restoration, which may take place either by the action of the lodge which inflicted them, or by that of the Grand Lodge.

Restoration from definite suspension is terminated without any special action of the lodge, but simply by the termination of the period for which the party was suspended. He then at once reenters into the possession of all the rights, benefits, and functions, from which he had been temporarily suspended.

I have myself no doubt of the correctness of this principle; but, as it has been denied by some writers, although a very large majority of the authorities are in its favor, it may be well, briefly, to discuss its merits.

Let us suppose that on the 1st of January A.B. had been suspended for three months, that is, until the 1st day of April. At the end of the three months, that is to say, on the first of April, A.B. would no longer be a suspended member—for the punishment decreed will have been endured; and as the sentence of the lodge had expressly declared that his suspension was to last until the 1st of April, the said sentence, if it means anything, must mean that the suspension was, on the said 1st of April, to cease and determine. If he were, therefore, to wait until the 1st of May for the action of the lodge, declaring his restoration, he would suffer a punishment of four months' suspension, which was not decreed by his lodge upon his trial, and which would, therefore, be manifestly unjust and illegal.

Again: if the offense which he had committed was, upon his trial, found to be so slight as to demand only a dismissal for one night from the lodge, will it be contended that, on his leaving the lodge-room pursuant to his sentence, he leaves not to return to it on the succeeding communication, unless a vote should permit him? Certainly not. His punishment of dismissal for one night had been executed; and on the succeeding night he reentered into the possession of all his rights. But if he can do so after a dismissal or suspension of one night, why not after one or three, six or twelve months? The time is extended, but the principle remains the same.

But the doctrine, that after the expiration of the term of a definite suspension, an action by the lodge is still necessary to a complete restoration, is capable of producing much mischief and oppression. For, if the lodge not only has a right, but is under the necessity of taking up the case anew, and deciding whether the person who had been suspended for three months, and whose period of suspension has expired, shall now be restored, it follows, that the members of the lodge, in the course of their inquiry, are permitted to come to such conclusion as they may think just and fit; for to say that they, after all their deliberations, are, to vote only in one way, would be too absurd to require any consideration. They may, therefore, decide that A.B., having undergone the sentence of the lodge, shall be restored, and then of course all would be well, and no more is to be said. But suppose that they decide otherwise, and say that A.B., having undergone the sentence of suspension of three months, shall not be restored, but must remain suspended until further orders. Here, then, a party would have been punished a second time for the same offense, and that, too, after having suffered what, at the time of his conviction, was supposed to be a competent punishment—and without a trial, and without the necessary opportunities of defense, again found guilty, and his comparatively light punishment of suspension for three months changed into a severer one, and of an indefinite period. The annals of the most arbitrary government in the world—the history of the most despotic tyrant that ever lived—could not show an instance of more unprincipled violation of law and justice than this. And yet it may naturally be the result of the doctrine, that in a sentence of definite suspension, the party can be restored only by a vote of the lodge at the expiration of his term of suspension. If the lodge can restore him, it can as well refuse to restore him, and to refuse to restore him would be to inflict a new punishment upon him for an old and atoned-for offense.

On the 1st of January, for instance, A.B., having been put upon his trial, witnesses having been examined, his defense having been heard, was found guilty by his lodge of some offense, the enormity of which, whatever it might be, seemed to require a suspension from Masonry for just three months, neither more nor less. If the lodge had thought the crime still greater, it would, of course, we presume, have decreed a suspension of six, nine, or twelve months. But considering, after a fair, impartial, and competent investigation of the merits of the case (for all this is to be presumed), that the offended law would be satisfied with a suspension of three months, that punishment is decreed. The court is adjourned sine die; for it has done all that is required—the prisoner undergoes his sentence with becoming contrition, and the time having expired, the bond having been paid, and the debt satisfied, he is told that he must again undergo the ordeal of another trial, before another court, before he can reassume what was only taken from him for a definite period; and that it is still doubtful, whether the sentence of the former court may not even now, after its accomplishment, be reversed, and a new and more severe one be inflicted.

The analogy of a person who has been sentenced to imprisonment for a certain period, and who, on the expiration of that period, is at once released, has been referred to, as apposite to the case of a definite suspension. Still more appropriately may we refer to the case of a person transported for a term of years, and who cannot return until that term expires, but who is at liberty at once to do so when it has expired. "Another capital offense against public justice," says Blackstone, "is the returning from transportation, or being seen at large in Great Britain before the expiration of the term for which the offender was sentenced to be transported." Mark these qualifying words: "before the expiration of the term:" they include, from the very force of language, the proposition that it is no offense to return after the expiration of the term. And so changing certain words to meet the change of circumstances, but leaving the principle unchanged, we may lay down the law in relation to restorations from definite suspensions, as follows:

It is an offense against the masonic code to claim the privileges of Masonry, or to attempt to visit a lodge after having been suspended, before the expiration of the term for which the offender was suspended.

Of course, it is no crime to resume these privileges after the term has expired; for surely he must have strange notions of the powers of language, who supposes that suspension for three months, and no more, does not mean, that when the three months are over the suspension ceases. And, if the suspension ceases, the person is no longer suspended; and, if no longer suspended he is in good standing, and requires no further action to restore him to good moral and masonic health.

But it is said that, although originally only suspended for three months, at the expiration of that period, his conduct might continue to be such as to render his restoration a cause of public reproach. What is to be done in such a case? It seems strange that the question should be asked. The remedy is only too apparent. Let new charges be preferred, and let a new trial take place for his derelictions of duty during the term of his suspension. Then, the lodge may again suspend him for a still longer period, or altogether expel him, if it finds him deserving such punishment. But in the name of justice, law, and common sense, do not insiduously and unmanfully continue a sentence for one and a former offense, as a punishment for another and a later one, and that, too, without the due forms of trial.

Let us, in this case, go again for an analogy to the laws of the land. Suppose an offender had been sentenced to an imprisonment of six months for a larceny, and that while in prison he had committed some new crime. When the six months of his sentence had expired, would the Sheriff feel justified, or even the Judge who had sentenced him, in saying: "I will not release you; you have guilty of another offense during your incarceration, and therefore, I shall keep you confined six months longer?" Certainly not. The Sheriff or the Judge who should do so high-handed a measure, would soon find himself made responsible for the violation of private rights. But the course to be pursued would be, to arrest him for the new offense, give him a fair trial, and, if convicted again, imprison or otherwise punish him, according to his new sentence, or, if acquitted, discharge him.

The same course should be pursued with a Mason whose conduct during the period of his suspension has been liable to reproach or suspicion. Masons have rights as well as citizens—every one is to be considered innocent until he is proved guilty—and no one should suffer punishment, even of the lightest kind, except after an impartial trial by his peers.

But the case of an indefinite suspension is different. Here no particular time has been appointed for the termination of the punishment. It may be continued during life, unless the court which has pronounced it think proper to give a determinate period to what was before indeterminate, and to declare that on such a day the suspension shall cease, and the offender be restored. In a case of this kind, action on the part of the lodge is necessary to effect a restoration.

Such a sentence being intended to last indefinitely—that is to say, during the pleasure of the lodge—may, I conceive, be reversed at any legal time, and the individual restored by a mere majority vote the of lodge. Some authorities think a vote of two-thirds necessary; but I see no reason why a lodge may not, in this as in other cases, reverse its decision by a vote of a simple majority. The Ancient Constitutions are completely silent on this and all its kindred points; and, therefore, where a Grand Lodge has made no local regulation on the subject, we must be guided by the principles of reason and analogy, both of which direct us to the conclusion that a lodge may express its will, in matters unregulated by the Constitutions, through the vote of a majority.

But the restoration of an expelled Mason requires a different action. By expulsion, as I have already said, all connection with the Order is completely severed. The individual expelled ceases to be a Mason, so far as respects the exercise of any masonic rights or privileges. His restoration to the Order is, therefore, equivalent to the admission of a profane. Having ceased on his expulsion to be a member of the lodge which had expelled him, his restoration would be the admission of a new member. The expelled Mason and the uninitiated candidate are to be placed on the same footing—both are equally unconnected with the institution—the one having never been in it, and the other having been completely discharged from it.

The rule for the admission of new members, as laid down in the Thirty-nine Regulations, seems to me, therefore, to be applicable in this case; and hence, I conceive that to reverse a sentence of expulsion and to restore an expelled Mason will require as unanimous a vote as that which is necessary on a ballot for initiation.

Every action taken by a lodge for restoration must be done at a stated communication and after due notice, that if any member should have good and sufficient reasons to urge against the restoration, he may have an opportunity to present them.

In conclusion, the Grand Lodge may restore a suspended or expelled Mason, contrary to the wishes of the lodge.

In such case, if the party has been suspended only, he, at once, resumes his place and functions in the lodge, from which, indeed, he had only been temporarily dissevered.

But in the case of the restoration of an expelled Mason to the rights and privileges of Masonry, by a Grand Lodge, does such restoration restore him to membership in his lodge? This question is an important one, and has very generally been decided in the negative by the Grand Lodges of this country. But as I unfortunately differ from these high authorities, I cannot refrain, as an apology for this difference of opinion, from presenting the considerations which have led me to the conclusion which I have adopted. I cannot, it is true, in the face of the mass of opposing authority, offer this conclusion as masonic law. But I would fain hope that the time is not far distant when it will become so, by the change on the part of Grand Lodges of the contrary decisions which they have made.

The general opinion in this country is, that when a Mason has been expelled by his lodge, the Grand Lodge may restore him to the rights and privileges, but cannot restore him to membership in his lodge. My own opinion, in contradiction to this, is, that when a Grand Lodge restores an expelled Mason, on the ground that the punishment of expulsion from the rights and privileges of Masonry was too severe and disproportioned to the offense, it may or may not restore him to membership in his lodge. It might, for instance, refuse to restore his membership on the ground that exclusion from his lodge is an appropriate punishment; but where the decision of the lodge as to the guilt of the individual is reversed, and the Grand Lodge declares him to be innocent, or that the charge against him has not been proved, then I hold, that it is compelled by a just regard to the rights of the expelled member to restore him not only to the rights and privileges of Masonry, but also to membership in his lodge.

I cannot conceive how a Brother, whose innocence has been declared by the verdict of his Grand Lodge, can be deprived of his vested rights as the member of a particular lodge, without a violation of the principles of justice. If guilty, let his expulsion stand; but, if innocent, let him be placed in the same position in which he was before the passage of the unjust sentence of the lodge which has been reversed.

The whole error, for such I conceive it to be, in relation to this question of restoration to membership, arises, I suppose, from a misapprehension of an ancient regulation, which says that "no man can be entered a Brother in any particular lodge, or admitted a member thereof, without the unanimous consent of all the members"—which inherent privilege is said not to be subject to dispensation, "lest a turbulent member should thus be imposed upon them, which might spoil their harmony, or hinder the freedom of their communication, or even break and disperse the Lodge." But it should be remembered that this regulation altogether refers to the admission of new members, and not to the restoration of old ones—to the granting of a favor which the candidate solicits, and which the lodge may or may not, in its own good pleasure, see fit to confer, and not to the resumption of a vested and already acquired right, which, if it be a right, no lodge can withhold. The practical working of this system of incomplete restoration, in a by no means extreme case, will readily show its absurdity and injustice. A member having appealed from expulsion by his lodge to the Grand Lodge, that body calmly and fairly investigates the case. It finds that the appellant has been falsely accused of an offense which he has never committed; that he has been unfairly tried, and unjustly convicted. It declares him innocent—clearly and undoubtedly innocent, and far freer from any sort of condemnation than the prejudiced jurors who convicted him. Under these circumstances, it becomes obligatory that the Grand Lodge should restore him to the place he formerly occupied, and reinvest him with the rights of which he has been unjustly despoiled. But that it cannot do. It may restore him to the privileges of Masonry in general; but, innocent though he be, the Grand Lodge, in deference to the prejudices of his Brethren, must perpetuate a wrong, and punish this innocent person by expulsion from his lodge. I cannot, I dare not, while I remember the eternal principles of justice, subscribe to so monstrous an exercise of wrong—so flagrant an outrage upon private rights.



Index.



A.

Accused, to what he is entitled Act passed in the reign of Henry VI., anno 1425 " " " it was never enforced Actual Past Master, term defined Adjournment, a term not recognized in Masonry " motion for, cannot be entertained Affiliated Masons only, can visit lodges Affiliation, what it is " mode of " requires unanimity " Master Masons only entitled to it " rejected application for, may be renewed in other lodges " may be made with more than one lodge Age, qualifications of candidates as to Appeal from Grand Master not permitted " not to be entertained in a lodge " cannot be taken from the chair " doctrine of, discussed " from the Master, must be to the Grand Lodge " every Mason has a right to one, to the Grand Lodge " pending one, the sentence is in abeyance Apprentices, rights of (see Entered Apprentice) Arrears, non-payment of " to lodges, history of their origin " do not accrue during suspension Assembly, general-one held in 287 by St. Alban " " " in 926 at York " " governed the craft for nearly 800 years " " how organized Atheist cannot be a Mason Authorities for masonic law



B.

Balloting for candidates every member must take a part in it secrecy of, inviolable must be unanimous Mason irresponsible for it to the lodge not disfranchised of it by non-payment of arrears mode of Balloting in each degree not actually prescribed in the ancient constitutions, but implied must be unanimous Ballot, reconsideration of motion for, out of order cannot be granted by dispensation Black ball is the bulwark of Masonry Brother, a title to be always used in lodge Burial, masonic, right of must be requested except for strangers Master Masons only entitled to it dispensation for, not usually required Business, order of may be suspended at any time by the Master By-laws must be approved and confirmed by Grand Lodge



C.

Calling from labor to refreshment Censure, a masonic punishment Certificates, masonic Chaplain, Grand (see Grand Chaplain) Charges of accusation, how to be made Closing lodge is at the discretion of the Master Committee of investigation on character of candidates Committees to be appointed by the Master Master is chairman of, when present Communication of a lodge, how terminated Consecration of a lodge how performed meaning of Constituting a lodge, ceremony of meaning of Constitutions, how to be altered " Gothic, adopted in 926, Corn, wine, and oil, masonic elements of consecration, " " " why elements, Crimes, masonic, " " definition of, " " enumeration of



D.

Deacons, " two in each lodge, " are appointed officers, " not removable by Master or Senior Warden " Grand (see Grand Deacons) Dedication of a lodge, how performed " to whom, and why, " meaning of Definite suspension " " restoration from Degrees, no candidate can receive more than two at one communication Demitting " right of, not denied until recently, " regulations concerning " of many at one time may be refused Deputy Grand Master, duties and prerogatives of " " office of, not very ancient " " exercises prerogatives of Grand Master in his absence "" cannot be more than one "" originally appointed by Grand Master Discussions, how to be conducted in lodge, Dispensation what and where to be granted "for a lodge "" " tenure of its duration "" " difference from a Warrant District Deputy Grand Master, a modern invention Dotage a disqualification of candidates " meaning of the term Dues to lodges, a modern usage " non-payment of, does not disqualify from voting for candidates



E.

Emergency, rule upon the subject Entered Apprentice, rights of formerly a member of his lodge formerly permitted to attend the Grand Communications may sit in a lodge of his degree cannot speak or vote cannot be deprived of his rights without trial after trial may appeal to the Grand Lodge Erasure from lodge, a masonic punishment Evidence in masonic trials Examination of visitors how to be conducted Exclusion, a masonic punishment Executive powers of a Grand Lodge Expulsion is masonic death Expulsion, a masonic punishment should be inflicted by Grand Lodge or with its approval from higher degrees, its effect restoration from Extinct lodges, funds of, revert to the Grand Lodge



F.

Family distressed, of a Mason, entitled to relief Fellow Craft, rights of they formerly constituted the great body of the Fraternity formerly permitted to speak, but not vote Finishing candidates of one lodge in another Fool cannot be a Mason Free, a candidate must be, at the time of making Free-born, a Mason must be reason for the rule Funds of extinct lodges revert to the Grand Lodge



G.

General Assembly. (See Assembly, General.) God, belief in, a qualification of a candidate Gothic constitutions adopted in 926 Grand Chaplain, office established in 1775 duties of Grand Deacons office more ancient than Oliver supposes duties of how appointed Grand Lodge held in 1717 mode of organizing one three lodges necessary to organize one dormant may be revived if a Grand Officer remains, all the Craft formerly members of Masters and Wardens of lodges are members Grand Officers are also members Past Masters are not members by inherent right its powers and prerogatives may make new regulations must observe the landmarks Grand Lodges, historical sketch of are comparatively modern institutions Grand Marshal appointed by the Grand Master duties of Grand Master, duties and prerogatives of office of has existed since the origin of Masonry an elective officer by whom to be installed prerogatives of, derived from two sources no appeal from his decision may convene Grand Lodge when he chooses entitled to two votes how to be punished may grant dispensations Grand Master may make Masons at sight may constitute new lodges cannot dispense with requisite forms in making Masons his own lodge cannot exercise jurisdiction over him Grand Pursuivant Grand Secretary office of established in 1723 duties of Grand Secretary, may appoint an assistant Grand Stewards " " first mentioned in 1721 " " duties of " " appointed by Junior Grand Warden Grand Stewards' Lodge Grand Sword-Bearer " " duties of " " office of, constituted in 1731 Grand Tiler " " office of, must have existed from the earliest times " " must not be a member of the Grand Lodge " " sometimes appointed, and sometimes elected Grand Treasurer " " office of, established in 1724 " " duties of " " has always been elected Grand Wardens " " originally appointed by the Grand Master " " succeed the Grand Master and Deputy



H.

Heresy not a masonic crime Higher degrees, effect of expulsion from Historical sketch



I.

Idiot cannot be made a Mason Impostor, how to be treated in examination Incompetent witnesses, who they are Indefinite suspension " " restoration from Innovations cannot be made in the body of Masonry Insanity, if perfectly cured, no disqualification of a candidate Installation " whence the term derived " necessary to legal existence of an officer " of a Master of a lodge " of the Grand Master Instruction of representatives, right of, is vested in a lodge Investigation of character must be by a committee Irreligious libertine cannot be a Mason " " definition of the term



J.

Judicial powers of a Grand Lodge, Junior Grand Warden Junior Warden, " " presides in absence of Master and Senior Warden, " " does not take the West in absence of Senior Warden, " " presides over the craft during refreshment " " appoints the stewards Jurisdiction of a lodge " geographical or personal " is over all its members " " " unaffiliated Masons in its vicinity " cannot extend beyond State lines, " none over its Master



K.

Knowledge of reading and writing necessary to a Mason



L.

Labor, calling from, to refreshment Landmarks, what they are, " ritual and legislative " must be observed by the Grand Lodge Law of Grand Lodges " subordinate lodges " individuals Lawful information, what it is Laws, how to be interpreted " of Masonry are of two kinds—written and unwritten " written, whence derived " unwritten, whence derived " " same as ancient usage Legislative powers of a Grand Lodge Libertine, irreligious, cannot be a Mason meaning of the term Lodge, subordinate definition of how organized must have been congregated by some superior authority Lodge, under dispensation definition of generally precedes a warranted lodge how formed cannot make by-laws cannot elect officers cannot install officers cannot elect members Lodge, warranted its powers and rights must be consecrated must be dedicated must be constituted its officers must be installed ceremony of installation in its powers are inherent in it its reserved rights are secured by the regulations an assembly of the craft in their primary capacity may select its own members elects its own officers what officers of, are elected in England may install its officers Master of, must be installed by a past Master may be represented in the Grand Lodge representatives of may instruct its representatives may frame by-laws may suspend or exclude a member may declare a member expelled, the sentence to be approved by the Grand Lodge may levy annual contributions may select its name cannot select its number duties of cannot alter the ritual must elect officers at a particular time Lodge, warranted, cannot interfere with business of another lodge " " cannot initiate without previous notice " " cannot confer more than two degrees on the same candidate at one time " " cannot make more than five new Brothers at the same time " " must meet once a month " " neglecting to meet forfeits its warrant " " cannot remove from the town, without the consent of the Grand Lodge " " may remove from one part of the town to another, under restrictions " " officers of



M.

Madmen cannot be Masons Maims, how far disqualifying candidates " reason for the rule relating to Mass meeting of the craft cannot organize a Grand Lodge Master, Grand. (See Grand Master.) Master Mason, rights of " " becomes a member by signing the by-laws " " how this right is forfeited " " may apply to any lodge for membership " " to whom subject for discipline " " may speak and vote on all questions " " may hold any office to which elected " " but to serve as Master must have been a Warden " " may appeal to the Grand Lodge " " may visit any lodge, after examination Master of a lodge " " " must have previously served as Warden " " " must see Grand Lodge regulations enforced " " " must be installed by a Past Master " " " has the warrant in charge " " " may call special meetings of his lodge " " " may close his lodge at any time " " " presides over business as well as labor " " " is supreme in his lodge Master of a lodge, no appeal from his decision except to Grand Lodge moral qualifications of intellectual qualifications of who is to judge of them is a member of the Grand Lodge may exclude a member temporarily Membership, right of Members of Grand Lodge are Masters and Wardens with the Grand Officers Minutes, when to be read how to be amended not to be read at special communications formula for keeping Moral law, what it is a Mason must obey it Motions, when to be entertained



N.

Name of a lodge to be selected by itself Non-residents, initiation of Number of a lodge regulates its precedency of candidates to be initiated at one communication



O.

Office, can be vacated only by death, removal, or expulsion not vacated by suspension Officers of a Grand Lodge subordinate lodge warranted lodge must be installed how to be installed time of election determined by Grand Lodge elected annually vacancies in, how to be supplied cannot resign Order, rules of whence derived



P.

Parliamentary law not applicable to Masonry Past Masters rights of not members of the Grand Lodge by inherent right may install their successors of two kinds—actual and virtual may preside in a lodge eligible to election to the chair entitled to a seat in the East eligible to be elected Deputy Grand Master, or Grand Warden virtual, cannot be present at installing a Master Penal jurisdiction of a lodge Perfect youth, meaning of the term Perfection, physical, why required of a candidate Petition of candidate must be read at a regular communication referred to a committee of three reported on at next regular communication report on, cannot be made at a special communication renewal of, in case of rejection how to be renewed, if rejected for advancement to a higher degree if rejected, how to be renewed Petitioners, not less than seven to form a lodge what they must set forth must be recommended by nearest lodge Political offenses not cognizable by a lodge Political qualifications of candidates Postponed business, when to be called up Precedency of lodges, regulated by their numbers Presiding in a lodge, who has the right of officer, has the prerogatives of the Master, for the time Previous question, unknown in Masonry Probation of candidates for initiation for advancement Proceedings of a regular communication cannot be amended at a special one Profanes, testimony of, how to be taken in trials Proficiency of candidates Proficiency of candidates, must be suitable Punishments, masonic Pursuivant, a title equivalent to Sword-Bearer



Q.

Qualifications of a Master of a lodge of candidates, moral religious physical intellectual political, 184 Quarterly communications of Grand Lodge, ordered in 1717 Question, how to be taken on a motion



R.

Reading, a qualification of candidates Recommendation of nearest lodge, necessary to form a new one of candidate, must be by two members Reconsideration of ballot motion for, is out of order, cannot be granted by dispensation Rejected candidate cannot apply to any other lodge renewed petition of, when to be made, Relief, right of claiming it unworthy Masons not entitled to it Religion of a Mason, what it is required to be Religious offenses not cognizable by a lodge Removal of a lodge, rule on the subject of Representatives of a lodge, who they are Reprimand, a masonic punishment Restoration from definite suspension indefinite supension expulsion must be at a stated communication may be by Grand Lodge requires a unanimous vote to membership discussed



S.

Secretary, Grand. (See Grand Secretary.) of a lodge his duty is a recording, corresponding, and receiving officer is a check upon the treasurer often receives compensation in case of death, or expulsion, a successor may be elected but not in case of removal, or sickness Senior Grand Warden. (See Grand Wardens.) Senior Warden presides in absence of Master may invite a Past Master to preside presides over the craft during labor appoints the Junior Deacon Sentence in trials, how to be obtained —— is in abeyance pending an appeal Stewards, Grand. (See Grand Stewards.) of a lodge appointed by Junior Warden duties of not removable by Junior Warden Stranger, initiation of Suspension definite indefinite Sword Bearer, Grand. (See Grand Sword Bearer.)



T.

Testimony, how to be taken on masonic trials Tiler, Grand. (See Grand Tiler.) of a lodge office existed from beginning of the institution no lodge can be without one must be a worthy Master Mason if a member, the office does not disfranchise him when voting, Junior Deacon takes his place may be removed for misconduct Tiler's obligation, form of it Transient persons, initiation of Treasurer, Grand. (See Grand Treasurer.) " " of a lodge " " duties of " " is the only banker of the lodge " " is a disbursing officer " " a Brother of worldly substance usually selected " " in case of death, a successor may be elected " " but not in case of sickness, or removal Trials, masonic " " form of " " evidence in

U.

Unaffiliated Masons " " tax sometimes levied on " " position, rights, and duties of Unaffiliation, contrary to the spirit of Masonry " effect of, on a Mason Unanimity in the ballot required by the ancient constitutions Uneducated candidates not forbidden by positive enactment " " their admission opposed to the spirit of the institution

V.

Virtual Past Masters, who they are Visit, right of " only affiliated Mason entitled to it " must be preceded by an examination " requires a certificate to insure it Visitors, examination of, described " must take the Tiler's obligation Voting must always be by a show of hands Voting in trials, obligatory on all members present Voucher must be a competent Mason Vouching for a visitor



W.

Wardens, Grand. (See Grand Wardens.) of a lodge are assistants of the Master entitled to membership in Grand Lodge Warden, Senior. (See Senior Warden.) Warden, Junior. (See Junior Warden.) Warrant of constitution what it is its difference from a dispensation can be revoked only by the Grand Lodge confers powers of installation and succession not necessary before 1717 cannot be resigned by a majority of the lodge Warranted lodges. (See Lodges, Warranted.) Witnesses in masonic trials, qualifications of definition of incompetent ones Woman cannot be made a Mason Writing, a qualification of candidates



Y.

Yeas and nays, calling for, unmasonic Young man under age cannot be made a Mason Youth, perfect, meaning of the term



Footnotes



[1] They will be found in Oliver's edition of Preston, p. 71, note, (U.M.L., vol. iii., p. 58), or in the American edition by Richards, Appendix i., note 5.

[2] Found in Ol. Preston, n. 3 (p. 162. U.M.L., vol. iii., p. 134).

[3] In all references to, or citations from, Anderson's Constitutions, I have used, unless otherwise stated, the first edition printed at London in 1723—a fac simile of which has recently been published by Bro. John W. Leonard, of New York. I have, however, in my possession the subsequent editions of 1738, 1755, and 1767, and have sometimes collated them together.

[4] The Gothic Constitutions are that code of laws which was adopted by the General Assembly at York, in the year 926. They are no longer extant, but portions of them have been preserved by Anderson, Preston, and other writers.

[5] Preston, book iv., sec, 2., p. 132, n. (U.M.L.,vol. iii., p. 109).

[6] General Regulations, art. xxxix.

[7] Chancellor Walworth, in his profound argument on the New York difficulties, asserted that this fact "does not distinctly appear, although it is, pretty evident that all voted."—p. 33. The language of Anderson does not, however, admit of a shadow of a doubt. "The Brethren," he says, "by a majority of hands, elected," &c.

[8] Opinion of Chancellor Walworth upon the questions connected with the late masonic difficulties in the State of New York, p. 37. There is much historical learning displayed in this little pamphlet.

[9] Preston, p. 131, n., Oliver's Edit. (U.M.L., vol. iii.,p. 109).

[10] Of the thirty-six Grand Masters who have presided over the craft in England since the revival of Masonry in 1717, thirty have been noblemen, and three princes of the reigning family.

[11] Article xxxiv.

[12] His most important prerogatives are inherent or derived from ancient usage.

[13] Proceedings G.L. Maryland, 1849, p. 25.

[14] Art. xxxix.

[15] The word "time" has been interpreted to mean communication.

[16] And this is not because such past officer has an inherent right to the mastership, but because as long as such an one is present and willing to serve, there does not exist such an emergency as would authorize a dispensation of the law.

[17] What further concerns a lodge under dispensation is referred to a special chapter in a subsequent part of the work.

[18] It is well known, although it cannot be quoted as authority, that the Athol Constitutions expressly acknowledged the existence of this prerogative. See Dermott's Ahiman Rezon.

[19] Book of Constitutions, edit. 1767, p. 222.

[20] Book of Const., p. 233.

[21] Book of Const., p. 313.

[22] Book of Constitutions, p. 319.

[23] Preston, p. 237, ed. 1802, (U.M.L., vol. iii., p. 223).

[24] Book of Constitutions, p. 247

[25] The existence of this prerogative is denied by the Grand Lodges of Missouri, Tennessee, Louisiana, and Massachusetts, while it is admitted by those of New York, Kentucky, North Carolina, South Carolina, Wisconsin, Vermont, Mississippi, Ohio, New Hampshire, Maryland, Indiana, Texas and Florida; in the last two, however, subject to limitation.

[26] That is, the one who has longest been a Freemason.

[27] Book of the Lodge, p. 115 (U.M.L., vol. i., book 2, p. 78).

[28] It was abolished in New York in 1854.

[29] This is a small chest or coffer, representing the ark of the covenant, and containing the three great lights of Masonry.

[30] "What man is there that hath a new house and hath not dedicated it? Let him go and return to his house, lest he die in the battle and another man dedicate it." Deut. xx. 5.

[31] De Syned. Vet. Ebraeor., 1. iii., c. xiv., Sec. 1.

[32] Cicero, Brut. i.

[33] See such a form of Dispensation in Cole's Masonic Library, p. 91.

[34] Preston, Append., n. 4 (U.M.L., vol. iii., pp. 150, 151).

[35] Book of Constitutions, orig. ed, p., 70 (U.M.L., vol. xv., book 1, p. 70).

[36] General Regulations of 1722. A subsequent regulation permitted the election of a candidate, if there were not more than three black balls against him, provided the lodge desired such a relaxation of the rule. The lodges of this country, however, very generally, and, as I think, with propriety, require unanimity. The subject will be hereafter discussed.

[37] Every lodge shall annually elect its Master and Treasurer by ballot. Such Master having been regularly appointed and having served as Warden of a warranted lodge for one year. Constitutions of the Ancient Fraternity of Free and Accepted Masons, published by authority of the United Grand Lodge of England, 1847, p. 58 (U.M.L., vol. ix., book 1).

[38] The Wardens, or officers, of a lodge cannot be removed, unless for a cause which appears to the lodge to be sufficient; but the Master, if he be dissatisfied with the conduct of any of his officers, may lay the cause of complaint before the lodge; and, if it shall appear to the majority of the Brethren present that the complaint be well founded, he shall have power to displace such officer, and to nominate another. English Constitutions, as above, p. 80 (U.M.L., vol. ix., book 1).

[39] It is not necessary that he should be a Past Master of the lodge.

[40] No master shall assume the Master's chair, until he shall have been regularly installed, though he may in the interim rule the lodge. English Constitutions (U.M.L., vol. ix., book 1).

[41] Every Warranted Lodge is a constituent part of the Grand Lodge, in which assembly all the power of the fraternity resides. English Constitutions, p. 70 (U.M.L., vol. ix., book 1).

[42] We shall not here discuss the question whether Past Masters are members of the Grand Lodge, by inherent right, as that subject will be more appropriately investigated when we come to speak of the Law of Grand Lodges, in a future chapter. They are, however clearly, not the representatives of their lodge.

[43] Preston, p. 167 (U.M.L., vol. iii., p. 151).

[44] General Regulations. Of the duty of members, Art. X, (U.M.L., vol. xv., book 1, p. 61).

[45] English Constitutions, p. 59 (U.M.L., vol. ix., book 1).

[46] In selecting the name, the modern Constitutions of England make the approbation of the Grand Master or Provincial Grand Master necessary.

[47] Such is the doctrine of the modern English Constitutions.

[48] "No Brother can be a Warden until he has passed the part of a Fellow Craft; nor a Master until he has acted as a Warden."—Old Charges, IV. (U.M.L., vol. xv., book 1, p. 52).

[49] Regulations on Installation of a Master, No. III. Preston, p. 74 (U.M.L., vol. iii., p. 61).

[50] Hats. quoted in Jefferson, p. 14.

[51] One of the ancient charges, which Preston tells us that it was the constant practice of our Ancient Brethren to rehearse at the opening and closing of the lodge, seems to refer to this rule, when it says, "the Master, Wardens, and Brethren are just and faithful, and carefully finish the work they begin."—Oliver's Preston, p. 27, note (U.M.L., vol. iii., p. 22).

[52] Proceedings of G.L. of Tennessee, 1850. Appendix A, p. 8.

[53] Book of Constitutions, edition of 1755, p. 282.

[54] If it is an extra communication, this item of the transaction is, of course, omitted, for minutes are only to be confirmed at regular communications.

[55] Oliver's Preston, p. 163, note (U.M.L., vol. iii., p. 135).

[56] Such is the provision in the modern constitutions of England, but the 4th of the 39 Regulations required the candidate to be at least twenty-five.

[57] See these regulations in Preston, p. 162, Oliver's ed. (U.M.L., vol. iii., p. 135).

[58] Oliver's Preston, p. 72, (U.M.L., vol. iii., p. 59).

[59] Blackstone, Com. I., Introd., Sec. 2.

[60] In an able report on this subject, in the proceedings of the Grand Lodge of Georgia for 1852. In accordance with the views there expressed, Bro. Rockwell decided officially, as District Deputy Grand Master, in 1851, that a man who had lost one eye was not admissible.

[61] Potter, 184.

[62] Page 18. In December, 1851, the Committee of Correspondence of North Carolina, unregardful of the rigid rule of their predecessors, decided that maimed candidates might be initiated, "provided their loss or infirmity will not prevent them from making full proficiency in Masonry."

[63] Proceedings of the G.L. of Mo. for 1823, p. 5. The report and resolution were on the petitions of two candidates to be initiated, one with only one arm, and the other much deformed in his legs.

[64] When the spirit of expediency once begins, we know not where it will stop. Thus a blind man has been initiated in Mississippi, and a one-armed one in Kentucky; and in France a few years since, the degrees were conferred by sign-language on a deaf mute!

[65] Namely, the incorrectly presumed operative origin of the Order. The whole of this report, which is from the venerable Giles F. Yates, contains an able and unanswerable defense of the ancient law in opposition to any qualification.

[66] See proceedings of New York, 1848, pp. 36, 37.

[67] Such is the formula prescribed by the Constitutions of England as well as all the Monitors in this country.

[68] See Mackey's Lexicon of Freemasonry, 3d Edit., art, Ballot.

[69] Book of Constitutions. Edit. 1755, p. 312.

[70] See Mackey's Lexicon of Freemasonry, 3d Edit., art. Ballot

[71] Except when there is but one black ball, in which case the matter lies over until the next stated meeting. See preceding Section.

[72] Masonry founded on Scripture, a Sermon preached in 1752, by the Rev. W. Williams.

[73] That is, advance him, from the subordinate position of a serving man or Apprentice, to that of a Fellow Craft or journeyman.

[74] This is also the regulation of the Grand Lodge of South Carolina.

[75] Proceedings of Grand Lodge of New York, for 1845. He excepts, of course, from the operation of the rule, those made by dispensation; but this exception does not affect the strength of the principle.

[76] Preston, edition of Oliver, p. 12 (U.M.L., vol. iii., p. 10).

[77] Transactions of the G.L. of New York, anno 1848, p. 73.

[78] Edition of 1723, page 71 (U.M.L., vol. xv., book 1, p. 71).

[79] Preston, p. 48 (U.M.L., vol, iii., p. 40).

[80] Const. New York, 1854, p. 13. The Constitutions of the Grand Lodge of England (p. 64) have a similar provision; but they require the Brother to express his wish for membership on the day of his initiation.

[81] Preston, Oliver's Ed., p. 71, note (U.L.M., vol. iii., p. 60).

[82] See Oliver, note in Preston, p. 75 (U.M.L., vol. iii, p. 61).

[83] Oliver's Preston, p. 162 (U.M.L., vol. iii., p. 135.)

[84] See Anderson's Const., 3d Edit., 1755, page 303.

[85] Preston, Oliver's Edit., p. 89 (U.M.L., vol. iii., p. 72).

[86] Preston, Oliver's Edit" p. 90 (U.M.L., vol. iii., p. 73).

[87] Book I., chap. iii.

[88] Proceedings of Louisiana, an. 1852.

[89] Preston, Oliver's Edit., p. 76 (U.M.L., vol. iii, p. 62).

[90] Ibid

[91] See Mackey's Lexicon of Freemasonry, in voce.

[92] Constitutions, Second Edition of 1738, p. 154.

[93] Proceedings for 1853.

[94] Proceedings for 1847.

[95] The right to visit is restricted to once, by many Grand Lodges to enable him to become acquainted with the character of the lodge before he applies for membership.

[96] Blackstone, Introd., Sec. i.

[97] For so we should interpret the word "honeste."

[98] I have treated this subject of expulsion so fully in my "Lexicon of Freemasonry," and find so little more to say on the subject, that I have not at all varied from the course of argument, and very little from the phraseology of the article in that work.

[99] In England, ejection from a membership by a subordinate lodge is called "exclusion," and it does not deprive the party of his general rights as a member of the fraternity.

[100] Lexicon of Freemasonry.

[101] Phillips, on Evidence, p. 3.

[102] Chief Baron Gilbert.

THE END