vV- •e^ (e. : 1. In the Lodge while Constituted. 2. After the Lodge is over, and the Beeth- EEN not gone. 3. When Brethren meet without Steangees, but not in a Lodge. 4. In presence of Steangees not Masons. 5. At Home and in the Neighboehood. 6. Towards a steange Beothee. I-CONCERNING GOD AND RELIGION. A Mason is obliged, by his tenure, to obey the moral law; and if he rightly understands the Art, he will never be a 22 PRINCIPLES AND PRACTICE OF Stupid Atheist, nor an irreligious Libertine. But thougli in ancient times Masons were charged in every country to be of the Religion of that country or nation, whatever it was, it is now thought more expedient only to oblige them to that Religion in which all men agree, leaving their particular opin- ions to themselves; that is, to be good men and true,, or men of honor and honesty, by whatever denominations or persua- sions they may be distinguished ; whereby Masonry becomes the Center of Union^ and the means of conciliating true Friendship among persons that must liave remained at a perpetual distance. n.-OF THE CIVIL MAGISTRATE, SUPREME AND SUBORDINATE. A Mason is a peaceable subject to the civil powers wher- ever he resides or works, and is never to be concerned in plots and conspiracies against the peace and welfare of the nation, nor to behave himself undutifully to inferior magis- trates; for as Masonry hath been always injured by war, bloodshed, and confusion, so ancient kings and princes have been much disposed to encourage the Craftsmen, because of their peaceableness and loyalty, whereby they practically answered the cavils of their adversaries, and promoted the honor of the Fraternity, who ever flourished in times of peace. So 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 jeal- ousy to the government for the time being, they cannot expel him from the lodge, and his relation to it remains indefeasible. MASONIC JUEISPRUDENCE. 23 ni.-OF LODGES. A Lodge is a place where Masons assemble and work: Hence that Assembly, or duly organized Society of Masons, is called a Lodge, and every Brother ought to belong to one, and to be subject to its by-laws and the General Regulations. It is either particular or general, and will be best understood by attending it, and by the Regulations of the General or Grand Lodge hereunto annexed. In ancient times, no Mas- ter or Fellow could be absent from it, especially. when warned to appear at it, without incurring a severe censure, until it appeared to the Master and Wardens that pure necessity hindered him. The persons admitted members of a lodge must be good and true men, free-born, and of mature and discreet age; no bondmen, no women, no immoral or scandalous men, but of • good report. IV.^OF MASTERS, WARDENS, FELLOWS AND APPRENTICES. All preferment among Masons is grounded upon real worth and personal merit only; that so the lords may be well served, the brethren not put to shame, nor the Royal Craft despised: Therefore no Master or Warden is chosen by seniority, but for his merit. It is impossible to describe these things in writing, and every Brother must attend in his place, and learn them in a way peculiar to this Fraternity: Only candidates may know that no Master should take an Apprentice, unless he has sufficient employment for him, and unless he be a per- fect youth, having no maim or defect in his body, that may render him incapable of learning the art of serving his mas- ter's Lord, and of being made a Brother, and then a Fellow 24 PBINCIPLES AND PRACTICE OF Craft in due time, even after he has served such a term of years as the custom of the country directs ; and that he should be descended of honest parents; that so, when otherwise qual- ified, he may arrive to the honor of being the Warden, and then the Master of the Lodge, the Grand Warden^ and at length the Grand Master of all the Lodges, according to his merit. 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, nor Grand Warden until he has been Master of a Lodge, nor Grand Master, unless he has been a Fellow Craft before his election, who is also to be nobly born, or a gentle- man of the best fashion, or some eminent scholar, or some curious architect or other artist, descended of honest parents, and who is of singular great merit in the opinion of the lodges. And for the better, and easier, and more honorable discharge of his oflBce, the Grand Master has a power to choose his own Deputy Grand Master, who must be then, or must have been formerly, the Master of a particular lodge, and has the privilege of acting whatever the Grand Master, his Principal, should act, unless the said Principal be present, or interpose his authority by a letter. These rulers and governors — supreme and subordinate — of the ancient Lodge, are to be obeyed in their respective stations by all the Brethren, according to the old Charges and Regulations, with all humility, reverence, love and alacrity. V.-OF THE MANAGEMENT OF THE CRAFT IN WORKING. All Masons shall work honestly on working-days, that they may live creditably on holy-days; and the time appointed MASONIC JUEISPKUDENCE. 25 by the law of the laud, or confirmed by custom, shall be observed. The most expert of the Fellow Craftsmen shall be chosen or appointed the Ma-ster or Overseer of the Lord's work; who is to be called Master by those that work under him. The Craftsmen are to avoid all ill language, and to call each other by no disobliging name, but Brother or Fellow, and to behave themselves courteously within and without the lodge. The Master knowing himself to be able of cunning, shall undertake the Lord's work as reasonably as possible, and truly dispend his goods as if they were his own ; nor to give more wages to any Brother or Apprentice than he really may deserve. Both the Master and the Masons receiving their wages justly, shall be faithful to the Lord, and honestly finish their work, whether task or journey; nor put the work to task that hath been accustomed to journey. None shall discover envy at the prosperity of a Brother, nor supplant him, or put him out of his work, if he be capable to finish the same; for no man can finish another's work so much to the Lord's profit, unless he be thoroughly acquainted with the designs and drafts of him that began it. When a Fellow-Craftsman is chosen Warden of the work under the Master, he shall be true both to Master and Fel- lows, shall carefully oversee the work in the Master's absence to the Lord's profit; and his Brethren shall obey him. All Masons employed shall meekly receive their wages, without murmuring or mutiny, and not desert the Master till the work is finished. 2 26 PRINCIPLES AND PRACTICE OP A younger Brother shall be instructed in working, to prevent spoiling the materials for want of judgment, and for increasing and continuing of Brotherly Love. All the tools used in working shall be approved by the Grand Lodge. No laborer shall be employed in the proper work of Mason- ry; nor shall Free Maso-ns work with those that are not free, without an urgent necessity; nor shall they teach laborers and unaccepted Masons as they should teach a Brother or Fellow. VI.-OF BEHAVIOR. 1. — In the Lodge xrihUe constUvied. You are not to hold private committees or separate con- versation, without leave from the Master, nor to talk of any thing impertinent or unseemly, nor interrupt the Master or Wardens, or any Brother speaking to the Master: Nor behave yourself ludicrously or jestingly while the Lodge is engaged in what is serious and solemn; nor use any unbe- coming language upon any pretence whatsoever; but to pay due reverence to your Master, Wardens and Fellows, and put them to worship. If any complaint be brought, the Brother found guilty shall stand to the award and determination of the Lodge, who are the proper and competent judges of all such contro- versies, (unless you carry it by appeal to the Grand Lodge,) and to whom they ought to be referred, unless a Lord's work be hindered the mean while, in which case a particular refer- ence may be made; but you must never go to law about what concerneth Masonry, without an absolute necessity, apparent to the Lodge. 8 R A or THC .DIVERSITY MASONIC JURISPEUDENCE. 27 2.— Behavior after the Lodge is over, and the Brethren not gone. You may enjoy yourselves with innocent mirth, treating one another according to ability, but avoiding all excess, or forcing any Brother to eat or drink beyond his inclination, or hindering him from going when his occasions call him, or doing or saying any thing offensive, or that may forbid an EASY and FREE conversation; for that would blast our har- mony, and defeat our laudable purposes. Therefore no private piques or quarrels must be brought within the door of the Lodge, far less any quarrels about religion, or nations, or State policy, we being only, as Masons, of the Catholic reli- gion above mentioned; we are also of all nations, tongues, kindreds and languages, and are resolved against all politicSf as what never yet conduced to the welfare of the Lodge, nor ever will. This Charge has been always strictly enjoined and observed; but especially ever since the Reformation in Bri- tain, or the dissent and secession of these nations from the communion of Rome. 3. — Behavior when Brethren meet without Strangers, hut not in a Lodge formed. You are to salute one another in a courteous manner, as you will be instructed, calling each other Brother, freely giving mutual instruction as shall be thought expedient, without being overseen or overheard, and without encroach- ing upon each other, or derogating from that respect which is due to any Brother, were he not a Mason: for though all Masons are as Brethren upon the same Level, yet Masonry takes no honor from a man that he had before ; nay, rather it adds to his honor, especially if he has deserved well of the 28 PBINCIPLES AND PRACTICE OP Brotherhood, who must give honor to whom it is due, and avoid ill manners. 4. — Behavior in Presence of Strangers not Masons. You shall be cautious in your words and carriage, that the most penetrating stranger shall not be able to discover oi find out what is not proper to be intimated; and sometimes you shall divert a discourse, and manage it prudently for the honor of the Worshipful Fraternity. 5. — Behavior at Rome and in yoiir Neighborhood. You are to act as becomes a moral and wise man, partic- ularly not to let your family, friends and neighbors know the concerns of the Lodge, etc., but wisely to consult your own honor, and that of the Ancient Brotherhood, for reasons not to be mentioned here. You must also consult your health, by not continuing together too late, or too long from home, after lodge hours are past; and by avoiding of gluttony or drunkenness, that your families be not neglected or injured, nor you disabled from working. 6. — Behavior towards a Strange Brother. You are cautiously to examine him, in such a method as prudence shall direct you, that you may not be imposed upon by an ignorant false pretender, whom you are to reject with contempt and derision, and beware of giving him any hints of knowledge. But if you discover him to be a true and genuine Brother, you are to respect him accordingly; and if he is in want, you must relieve him, if you can, or else direct him how he may be relieved: You must employ him some days, or else recom- MASONIC JURISPRUDENCE. 29 mend him to be employed. But you are not charged to do beyond your ability, only to prefer a poor Brother, that is a good man and true, before any other poor people in the same circumstances Finally, All these Charges you are to observe, and also those that shall be communicated to you in another way; cultivating Brotherly Love, the foundation and cape-stone, the cement and glory of this ancient Fraternity ; avoiding all wrangling and quarreling, all slander and backbiting, nor permitting others to slander any honest Brother, but defend- ing bis character, and doing him all good offices, as far as is consistent with your honor and safety, and no farther. And if any of them do you injury, you must apply to your own or his Lodge, and from thence you may appeal to the Grand Lodge at the quarterly communication, and from thence to the Annual Grand Lodge, as has been the ancient laudable conduct of our forefathers in every nation; never taking a legal course, but when the case cannot be otherwise decided, and patiently listening to the honest and friendly advice of Master and Fellows, when they would prevent your going to law with strangers, or would excite you to put a speedy period to all lawsuits, that so you may mind the affair of Masonry with the more alacrity and success; but with respect to Brothers or Fellows at law, the Master and Brethren should kindly offer their mediation, which ought to be thank- fully submitted to by the contending Brethren ; and if that submission is impracticable, they must, however, carry on their process, or lawsuit, without wrath and rancor, (not in 30 PRINCIPLES AND PRACTICE OF the common way,) saying or doing nothing which may hinder Brotlierly Love, and good oflfices to be renewed and contin- ued ; that all may see the benign influence of Masonry, as all true Masons have done from the beginning of the world, and will do to the end of time. Amen. So mote it be. GENERAL REGULATIONS, CoMPHiED first by Mr. Geohge Patne, Anno 1720, when he vraa Grand Master, and approved by the Grand Lodge on St. John Baptist's Day, Anno 1721, at Stationer's Hall, London; when the most noble Prince John, Duke of Montagu, was unanimously chosen our Grand Master for the year ensuing; who chose John Beal, M. D., his Deputy Grand Master; and Mr. Josiah Velle- NEAU and Mr. Thomas Mokms, Jun., were chosen by the Lodge Grand Wardens. And now, by the command of our said Eight WorshipfiA Grand Master Montagu, the Author of this book has compared them with, and reduced them to the ancient Records and immemorial Usages of the Fraternity, and digested them into this new method, with several proper Explications, for the use of the Lodges in and about London and Westminster. I. The Grand Master or his Deputy hath authority and right not only to be present in any true Lodge, but also to preside wherever he is, with the Master of the Lodge on his left hand, and to order his Grand Wardens to attend him, who are not to act in particular Lodges as Wardens, but in his presence, and at his command; because there the Grand Master may command the Wardens of that Lodge, or any MASONIC JUEISPEUDENCE. 31 other Brethren he pleaseth, to attend and act as his Ward- ens pro tempore. II. The Master of a particular Lodge has the right and authority of congregating the members of his Lodge into a Chapter at pleasure, upon any emergency or occurrence, as well as to appoint the time and place of their usual forming; and in case of sickness, death, or necessary absence of the Master, the Senior Warden shall act as Master pro tempore, if no Brother is present who has been Master of that Lodge before ; for in that case the absent Master's authority reverts to the last Master then present ; though he cannot act until the said Senior Warden has once congregated the Lodge, or, in his absence, the Junior Warden. III. The Master of each particular Lodge, or one of the Wardens, or some other Brother by his order, shall keep a book containing their By-laws, the names of their members, with a list of all the Lodges in town, and the usual times and places of their forming, and all their transactions that are proper to be written. lY. No Lodge shall make more than five new Brethren at one time, nor any man under the age of twenty- five, who must be also his own master, unless by a Dispensation from the Grand Master or his Deputy. V. No man can be made or admitted a member of a par- ticular Lodge, without previous notice one month before given to the said Lodge, in order to make due inquiry into the reputation and capacity of the candidate ; unless by the Dispensation aforesaid. VI. But no man can be entered a Brother in any particu- 32 PRINCIPLES AND PRACTICE OP lar Lodge, or admitted to be a member thereof, without the unanimous consent of ail the members of that Lodge then present when the candidate is proposed, and their consent is formally asked by the Master ; and they are to signify their consent or dissent in their own prudent way, either virtually or in form, but with unanimity: Nor is this inherent privi- lege subject to a Dispensation; because the members of a particular Lodge are the best judges of it; and if a fractious member should be imposed on them, it might spoil their har- mony or hinder their freedom; or even break or disperse the Lodge, which ought to be avoided by all good and true Brethren. YII. Every new Brother at his making is decently to clothe the Lodge — that is, all the Brethren present — and to deposit something for the relief of indigent and decayed Brethren, as the candidate shall think fit to bestow, over and above the small allowance stated by the By-laws of that particular Lodge; which charity shall be lodged with the Master or Wardens, or the cashier, if the members think fit to choose one. And the candidate shall also solemnly promise to submit to the Constitutions, the Charges and Regulations, and to such other good Usages as shall be intimated to them in time and place convenient. YIII. 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 MASONIC JURISPRUDENCE. 33 join themselves to such other Lodge as they shall like best, with the unanimous consent of that other Lodge to which they go, (as above regulated,) or else they must obtain the Grand Master's Warrant to join in forming a new lodge. If any set or number of Masons shall take upon themselves to form a Lodge without the Grand Master's Warrant, the regular lodges are not to countenance them, nor own them as fair Brethren and duly formed, nor approve of their acts and deeds; but must treat them as rebels, until they humble themselves, as the Grand Master shall in his prudence direct, and until he approve of them by his Warrant, which must be signified to the other lodges, as the custom is when a new lodge is to be registered in the List of Lodges. IX. But if any Brother so far misbehave himself as to ren- der his Lodge uneasy, he shall be twice duly admonished by the Master or Wardens in a formed lodge; and if he will not refrain his imprudence, and obediently submit to the advice of the Brethren, and reform what gives them offence, he shall be dealt with according to the By-laws of that particular Lodge, or else in such a manner as the Quarterly Communi- cation shall in their great prudence think fit; for which a new Regulation may be afterwards made. X. The majority of every particular lodge, when congre- gated, shall have the privilege of giving instructions to their Master and Wardens, before the assembling of the Grand Chapter or Lodge, at the three Quarterly Communications hereafter mentioned, and of the Annual Grand Lodge too; because their Masters and Wardens are their representatives, and are supposed to speak their mind. 34 PRINCIPLES AND PRACTICE OF XI. All particular lodges are to observe the same Usages as much as possible; in order to which, and for cultivating a good understanding among Freemasons, some members out of every lodge shall be deputed to visit the other lodges as often as shall be thought convenient. XII. Tiie Grand Lodge consists of,, and is formed by the Masters and Wardens of all the regular particular lodges upon record, with the Grand Master at their head, and his Deputy on his left hand, and the Grand Wardens in their proper places, and must have a Quarterly Communication about Michaelmas, Christmas, and Lady-day, in some con- venient place, as the Grand Master shall appoint, where no Brother shall be present who is not at that time a member thereof, without a Dispensation; and while he stays, he shall not be allowed to vote, nor even give his opinion, without leave of the Grand Lodge, asked and given, or unless it be duly asked by the said lodge. All matters are to be determined in the Grand Lodge by a majority of votes, each member having one vote, and the Grand Master having two votes, unless the said lodge leave any particular thing to the determination of the Grand Master for the sake of expedition. XIII. At the said Quarterly Communication, all matters that concern the Fraternity in general, or particular Lodges, or single Brethren, are quietly, sedately, and maturely to be discoursed of and transacted: Apprentices must be admitted Masters and Fellow Craft only here, unless by a Dispensation. Here also all differences that cannot be made up and accom- modated privately, nor by a particular Lodge, are to be seri- MASONIC JURISPRUDENCE. 35 ously considered and decided: And if any Brother thinks himself aggrieved by the decision of this Board, he may ap- peal to the Annual Grand Lodge next ensuing, and leave his appeal in writing with the Grand Master, or his Deputy, or the Grand Wardens. Here, also, the Master or the Wardens of each particular Lodge shall bring and produce a list of such members as have been made, or even admitted, in their particular lodges since the last communication of the Grand Lodge; and there shall be a book kept by the Grand Master or his Deputy, or rather by some brother whom the Grand Lodge shall appoint for Secretary, wherein shall be recorded all the Lodges, with their usual times and places of forming, and the names of all the members of each Lodge; and all the affairs of the Grand Lodge thatvare proper to be written. They shall also consider of the most prudent and effectual methods of collecting and disposing of what money shall be given to or lodged with them in Charity, towards the relief only of any true Brother fallen into poverty or decay, but of none else: But every particular Lodge shall dispose of their own Charity for poor Brethren, according to their own By- laws, until it be agrefed by all the lodges (in a new Regula- tion) to carry in the Charity collected by them to the Grand Lodge, at the Quarterly or Annual Communication, in order to make a common stock of it, for the more handsome relief of poor Brethren. They shall also appoint a Treasurer, a Brother of good worldly substance, who shall be a member of the Grand Lodge by virtue of his office, and shall be always present, 36 PRINCIPLES AND PRACTICE OF and have power to move to the Grand Lodge anything, espe- cially what concerns his office. To him shall be committed all money raised for Charity, or for any other use of the Grand Lodge, which he shall write down in a book, with the respect- ive ends and uses for which the several sums are intended; and shall expend and disburse the same by such a certain order signed, as the Grand Lodge shall afterwards agree to in a new Regulation: But he shall not vote in choosing a Grand Master or Wardens, though in every other transaction. As in like manner the Secretary shall be a member of the Grand Lodge by virtue of his office, and vote in everything, except in choosing a Grand Master or Wardens. The Treasurer and Secretary shall have each a clerk, who must be a Brother and Fellow Craft, but never must be a member of the Grand Lodge, nor speak without being allowed or desired. The Grand Master, or his Deputy, shall always command the Treasurer and Secretary, with their clerks and books, in order to see how matters go on, and to know what is expe- dient to be done upon any emergent occasion. Another Brother (who must be a Fellow Craft) should be appointed to look after the door of the Grand Lodge, but shall be no member of it. But these offices may be farther explained by a new Reg- ulation, when the necessity and expediency of them may more appear than at present to the Fraternity. XIY. If at any Grand Lodge, stated or occasional, quar- terly or annual, the Grand Master and his Deputy should be both absent, then the present Master of a Lodge, that has MASONIC JURISPEUDENCE. 37 been the longest a Freemason, shall take the chair, and pre- side as Grand Master pro tempore, and shall be vested with all his power and honor for the time: provided there is no Brother present that has been Grand Master formerly, or Deputy Grand Master; for the last Grand Master present, or else the last Deputy present, should always of right take place in the absence of the present Grand Master and his Deputy. XY. In the Grand Lodge none can act as Wardens but the Grand Wardens themselves, if present; and, if absent, the Grand Master, or the person who presides in his place, shall order private Wardens to act as Grand Wardens pro tempore, whose places are to be supplied by two Fellow Craft of the same Lodge, called forth to act, or sent thither by the particular Master thereof; or if by him omitted, then they shall be called by the Grand Master, that so the Grand Lodge may be always complete. XYI. The Grand Wardens, or any others, are first to advise with the Deputy about the affairs of the Lodge or of the Brethren, and not to apply to the Grand Master without the knowledge of the Deputy, unless he refuse his concurrence in any cert;ain necessary affair; in which case, or in case of any difference between the Deputy and the Grand Wardens, or other Brethren, both parties are to go by concert to the Grand Master, who can easily decide the controversy and make up the difference by virtue of his great authority. The Grand Master should receive no intimation of business concerning Masonry but from his Deputy first, except in such certain cases as his Worship can well judge of; for if the 38 PRINCIPLES AND PRACTICE OP application to the Grand Master be irregular, he can easily order the Grand Wardens, or any other Brethren thus apply- ing, to wait upon his Deputy, who is to prepare the business speedily, and to lay it orderly before his Worship. XYII. No Grand Master, Deputy Grand Master, Grand Wardens, Treasurer, Secretary, or whoever acts for them, or in their stead pro tempore^ can at the same time be the Master or Warden of a particular Lodge ; but as soon as any of them has honorably discharged his Grand OflBcc, he returns to that post or station in his particular Lodge, from which he was called to officiate above. XYIII. If the Deputy Grand Master be sick, or necessarily absent, the Grand Master may choose any Fellow Craft he please to be his Deputy pro tempore : But he that is chosen Deputy at the Grand Lodge, and the Grand Wardens too, cannot be discharged without the cause fairly appear to the majority of the Grand Lodge; and the Grand Master, if he is uneasy, may call a Grand Lodge on purpose to lay the cause before them, and to have their advice and concurrence: in which case, the majority of the Grand Lodge, if they cannot reconcile the Master and his Deputy or his Wardens, are to concur in allowing the Master to discharge his said Deputy or his said Wardens, and to choose another Deputy immedi- ately ; and the said Grand Lodge shall choose other Wardens in that case, that harmony and peace may be preserved. XIX. If the Grand Master should abuse his power, and render himself unworthy of the obedience and subjection of the Lodges, he shall be treated in a way and manner to be agreed upon in a new Regulation; because hitherto the An- MASONIC JURISPRUDENCE. 39 cient Fraternity have had no occasion for it, their former Grand Masters having all behaved themselves worthy of that honorable office. XX. The Grand Master, with his Deputy and Wardens, shall (at least once) go round and visit all the Lodges about town during his mastership. XXI. If the Grand Master die during his mastership, or by sickness, or by being beyond sea, or any other way should be rendered incapable of discharging his office, the Deputy, or, in his absence, the Senior Grand Warden, or, in his ab- sence, the Junior, or, in his absence, any three present Mas- ters of Lodges, shall join to congregate the Grand Lodge immediately, to advise together upon that emergency, and to send two of their number to invite the last Grand Master to resume his office, which now in course reverts to him; or, if he refuse, then the next last, and so backward. But if no former Grand Master can be found, then the Deputy shall act as Principal until another is chosen ; or, if there be no Deputy, then the oldest Master. XXII. The Brethren of all the Lodges in and about London and Westminster shall meet at an Annual Communi- cation and Feast, in some convenient place, on St. John Bap- tisfs Day, or else on St. John Evangelisfs Day, as the Grand Lodge shall think fit by a new Regulation, having of late years met on St. John Baptist's Day: Provided, The majority of the Masters and Wardens, with the Grand Master, his Deputy and Wardens, agree at their Quarterly Communications, three months before, that there shall be a Feast and a General Communication of all the Brethren: For 40 PRINCIPLES AND PRACTICE OP if either the Grand Master, or the majority of the particular IMasters, are against it, it must be dropped for that time. But whether there shall be a Feast for all the Brethren or not, yet the Grand Lodge must meet in some convenient phice annually on St. John's Day ; or, if it be Sunday, then on the next day, in order to choose every year a new Grand Master, Deputy and Wardens. XXIII. If it be thought expedient, and the Grand Master, with the majority of the Masters and Wardens, agree to hold a Grand Feast, according to the ancient laudable custom of Masons, then the Grand Wardens shall have the care of pre- paring the tickets, sealed with the Grand Master^s seal, of disposing of the tickets, of receiving the money for the tickets, of buying the materials of the Feast, of finding out a proper and convenient place to feast in, and of every other thing that concerns the entertainment. But, that the work may not be too burdensome to the two Grand Wardens, and that all matters may be expeditiously and safely managed, the Grand Master or his Deputy shall have power to nominate and appoint a certain number of Stewards, as his Worship shall think fit, to act in concert with the two Grand Wardens; all things relating to the Feast being decided amongst them by a majority of voices, except the Grand Master or his Deputy interpose by a particular direction or appointment. XXIY. The Wardens and Stewards shall in due time wait upon thfe Grand Master or his Deputy for directions and orders about the premises ; but if his Worship and his Deputy are sick, or necessarily absent, they shall call together MASONIC JUEISPEUDENCE. 41 the Masters and Wardens of Lodges to meet on purpose for their advice and orders; or else they may take the matter wholly upon themselves, and do the best they can. The Grand Wardens and the Stewards are to account for all the money they receive, or expend, to the Grand Lodge, after dinner, or when the Grand Lodge shall think fit to receive their accounts. If the Grand Master pleases, he may in due time summon all the Masters and Wardens of Lodges, to consult with them about ordering the Grand Feast, and about any emergency or accidental thing relating thereunto, that may require advice, or else to take it upon himself altogether. XXY. The Masters of Lodges shall each appoint one expe- rienced and discreet Fellow Craft of his Lodge, to compose a committee, consisting of one from every Lodge, who shall meet to receive, in a convenient apartment, every person that brings a ticket, and shall have power to discourse him, if they think fit, in order to admit him or debar him, as they shall see cause: Provided they send no man away before they have acquainted all the Brethren within doors with the rea- sons thereof, to avoid mistakes; that so no true Brother may be debarred, nor a false brother or mere pretender admitted. This committee must meet very early on St. John's Day at the place, even before any persons come with tickets. XXYI. The Grand Master shall appoint two or more TRUSTY Brethren to be porters or door-keepers, who are also to be early at the place, for some good reasons, and who are to be at the command of the committee. XXYII. The Grand Wardens or the Stewards shall ap- 42 PRINCIPLES AND PRACTICE OP point beforehand such a number of brethren to serve at table as they think fit and proper for that work; and they may advise with the Masters and Wardens of Lodges about the most proper persons, if they please, or may take in such by their recommendation; for none are to serve that day but Free and Accepted Masons, that the communication may be free and harmonious. XXVIII. All the members or the Grand Lodge must be at tlie place long before dinner, with the Grand Master or his Deputy at their head, who shall retire, and form them- selves. And this is done in order — 1. To receive any appeals, duly lodged, as above regulated, that the appellant may be heard, and the affair may be ami- cably decided before dinner, if possible; but if it cannot, it must be delayed till after the new Grand Master is elected; and if it cannot be decided after dinner, it may be delayed, and referred to a particular committee, that shall quietly adjust it, and make report to the next Quarterly Communi- cation, that Brotherly Love may be preserved. 2. To prevent any difference or disgust which may be feared to arise that day, that no interruption may be given to the harmony and pleasure of the Grand Feast. 3. To consult about whatever concerns the decency and decorum of the Grand Assembly, and to prevent all inde- cency and ill manners, the assembly being promiscuous. 4. To receive and consider of any good motion, or any momentous and important affair, that shall be brought from the particular lodges by their representatives, their several Masters and Wardens. MASONIC JUEISPRUDENCE. 43 XXIX. After these things are discussed, the Grand Mas- ter and his Deputy, the Grand Wardens or the Stewards, the Secretary, the Treasurer, the clerks, and every other person shall withdraw, and leave the Masters and Wardens of the particular lodges alone, in order to consult amicably about electing a new Grand Master, or continuing the present, if they have not done it the day before ; and if they are unani- mous for continuing the present Grand Master, his Worship shall be called in, and humbly desired to do the Fraternity the honor of ruling them for the year ensuing: And after dinner it will be known whether he accepts of it or not: for it should not be discovered but by the election itself. XXX. Then the Masters and Wardens, and all the Breth- ren, may converse promiscuously, or as they please to sort together, until the dinner is coming in, when every Brother takes his seat at table. XXXI. Some time after dinner, the Grand Lodge is form- ed, not in the retirement, but in the presence of all the Brethren, who yet are not members of it, and must not therefore speak until they are desired and allowed. XXXII. If the Grand Master of last year has consented with the Master and Wardens in private, before dinner, to continue for the year ensuing, then one of the Grand Lodge, deputed for that purpose, shall represent to all the Brethren his Worship's good government, etc. And, turning to him, shall, in the name of the Grand Lodge, humbly request him to do the Fraternity the great honor, (if nobly born, if not,) the great kindness of continuing to be their Grand Master for Jie year ensuing. And his Worship declaring his consent by 44 PKINCIPLES AND PRACTICE OF a bow or a speech, as lie pleases, the said deputed member of the Grand Lodge shall proclaim him Grand Master, and all the members of the Lodge shall salute him in due form. And all the Brethren shall for a few minutes have leave to declare their satisfaction, pleasure, and congratulation. XXXIII. But if either the Master and Wardens have not in private, this day before dinner, nor the day before, desired the last Grand Master to continue in the mastership another year; or if he, when desired, has not consented; then The last Grand Master shall nominate his successor for the year ensuing, who, if unanimously approved by the Grand Lodge, and, if there present, shall be proclaimed, saluted, and congratulated the new Grand Master, as above hinted, and immediately installed by the last Grand Master, according to Usage. XXXIY. But if that nomination is not unanimously ap- proved, the new Grand Master shall be chosen immediately by ballot, every Master and Warden writing his man*s name, and the last Grand Master writing his man's name too; and the man whose name the last Grand Master shall first take out, casually or by chance, shall be Grand Master for the year ensuing; and, if present, he shall be proclaimed, saluted, and congratulated, as above hinted, and forthwith installed by the last Grand Master, according to Usage. XXXY. The last Grand Master thus continued, or the NEW Grand Master thus installed, shall next nominate and appoint his Deputy Grand Master, either the last or a new one, who shall be also declared, saluted, and congratulated, as above hinted. MASONIC JURISPRUDENCE. 45 The Grand Master shall also nominate the new Grand Wardens, and, if unanimousl}^ approved by the Grand Lodge, shall be declared, saluted, and congratulated, as above hinted; but if not, they shall be chosen by ballot, in the same way as the Grand Master: As the Wardens of private lodges are also to be chosen by ballot in eacb Lodge, if the members thereof do not agree to their Master's nomination. XXXYI. But if the Brother whom the present Grand Master shall nominate for his successor, or whom the majority of the Grand Lodge shall happen to choose by ballot, is, by sickness or other necessary occasion, absent from the Grand Feast, he cannot be proclaimed the new Grand Master, unless the old Grand Master, or some of the Masters and Wardens of the Grand Lodge can vouch, upon the honor of a brother, that the said person, so nominated or chosen, will readily accept of the said office ; in which case the old Grand Master shall act as proxy, and shall nominate the Deputy and Ward- ens in his name, and in his name also receive the usual hon- ors, homage, and congratulation. XXXYII. Then the Grand Master shall allow any Brother, Fellow Craft, or Apprentice to speak, directing his discourse to his Worship; or to make any motion for the good of the Fraternity, which shall be either immediately considered and finished, or else referred to the consideration of the Grand Lodge at their next communication, stated or occasional. When that is over, XXXYIII. The Grand Master or his Deputy, or some Brother appointed by him, shall harangue all the Brethren, and give them good advice: And, lastly, after some other 46 PRINCIPLES AND PRACTICE OF transactions, that cannot be written in any language, tba Brethren may go away or stay longer, as they please. XXXIX. 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, m writing, even of the youngest Apprentice; the approbation and consent of the majority of all the Brethren present being absolutely necessary to make the same binding and obligatory; which must, after dinner, and after the new Grand Master is installed, be solemnly de- sired ; as it was desired and obtained for these Regulations, when proposed by the Grand Lodge, to about 150 Brethren, on St. John Baptist's Day, 1721. With the authorities here given, the Constitutions of his Grand Lodge, and the Bj-laws of the Lodge which he governs, the Master ought to be able to solve most, if not all, of the questions that present themselves in the ordinary course of events. In the succeeding chapters we shall endeavor to demonstrate their appHcation to the prominent top- ics of the institution. CHAPTER II. SECTION I. -QUALIFICATIONS. Masoney, like society in general, is an aggregate of individuals, and exercises, as a body, the sover- eignty primarily invested in the individual Masons. The source of power being in the people, it is im- portant to consider who are the proper persons to be admitted among us, and the qualifications which are indispensable to the success of an application for admission. The applicant must he free-horn, "having no maim or defect in his body, that may render him uncapable of learning the art, and being made a brother." He must be of laivful age ; that is, at least twenty- one years ; nor can any authority change or remove this requirement. It is the custom in Europe to admit the son of a Mason, who is called a leivis or louveteau, and members of the royal family, at the age of eighteen ; but in this country we regard Masonry as of too serious a character to be intrusted to boys, and hence we follow the rule in its integrity. He must be under tlie tongue of good report; that is to say, of good moral character and standing in the 48 TRINCIPLES AND PRACTICE OP communitj, and have a visible and honorable means of obtaining a livelihood for himself and those who may be dependent upon him. He must acknowledge and declare Ms belief in the existence of a Supreme Beings and a future state of existence; and that not only does he seek admission of his own free will and accord, but that he is not in- cited thereto by the solicitation of friends, nor by the inducement of mercenary or other unworthy motives. He must be a resident of the place in which he seeks to be initiated. In other countries than our own, this law is not acknowledged, and, indeed, it is to be admitted that until about the year 1848 it was unknown here. The regulation is now, however, in force throughout the United States — exceptions being generally made in the case of mariners in the actual practice of their profession, and officers in the mili- tary or naval service of the general government — and has arisen from the necessities of our contiguous jurisdictions ; the increase of lodges often bringing those of neighboring States in close proximity to the line on either side, which, together with the facilities of travel, have often given rise to unpleasant feelings between the brethren, by the working up in one jui'is- diction of material belonging to another. The great evil of the indiscriminate making of Masons without regard to their place of residence, has been the facil- MASONIC JURISPRUDENCE. 49 ity tlius afforded to men who liad no characters to lose at home, going abroad, and palming themselves off on some new-found acquaintance as suitable can- didates for the honors of Masonry; obtaining, by indirection, what would have been promptly refused them where they were known, and thus committing a fraud upon the Craft. For this, and for other reasons that wiU appear in their proper place, the law has become general that a man can only be initiated in the lodge nearest his place of residence, within the Masonic jurisdiction in which he has his legal home. He should have a fixed and steady purpose in his own mind that, in uniting himself with the Masonic fratel*nity, thus becoming part of an association dating in principle from the earhest civilization, and always found engaged in the endeavor to enfranchise the spirit of man from the bonds of ignorance and error, he does so with a desire to extend the sphere of his own usefulness, and to derive hajjpiness from the effort to increase the happiness of others. He should consider that in a society existing wherever civiliza- tion extends, and embracing within its membership men of every station in life, there must necessarily be some with whom he would not willingly associate ; and yet, once received, they will be his brethren, and have the right to claim his assistance and protection, should they be in distress from legitimate causes, 3 50 PRINCIPLES AND PRACTICE OP and thus lie must be prepared to exercise the virtue of self-abnegation. He should also understand that, as a Mason, it mil be his duty to examine into and study the history and ethics of the society, that he may be prepared to discharge the functions and duties that may be laid upon him, from which it follows that he should have received at least a moderate degree of mental culture ; be capable of reading, that he may emich his own mind ; of writing, that he may communicate his thoughts to others, and thus help to increase the general store of knowledge, not hiding his hght imder a bushel, nor remaining satisfied to be a hewer of wood and drawer of water, but striving to improve the talent committed to him, for his own advance- ment and that of the fraternity. The candidate, thus quahfied, proceeds in the steps necessary to his acceptance and subsequent progress, by subscribing to, and causing to be presented to the nearest Lodge, his petition, which we now proceed to consider. SECTION IT. -THE PETITION. It was the custom in olden times — and the rule is still in force, though sadly neglected — that a person desirous of being made a Mason should present a petition to the Lodge in which he desired to be ini- tiated. In many lodges, the practice now is, for a MASONIC JURISPRUDENCE. 51 member to rise in his place, and say, " I propose Mr. for initiation in this Lodge ;" or the name of the candidate, with his age, occupation, etc., is handed to the Secretary, in which case the formula is varied by his saying, " Brother Blank proposes Mr ," etc. This is not only a loose way of doing business, but is positively unmasonic ; because it has always been required that the candidate should present a petition, signed with his full name, and recommended by two brethren, as an evidence that the act was one of his own free-will, and with a distinct understand- ing of what he proposed to do. The document itself should be preserved in the archives of the Lodge, as an evidence of the jurisdiction acquired by the Lodge in the premises. It may be in the following or some similar form : ^^ To the Worshipful Master, Wardens and Brethren of Lodge, No , of Free and Accepted Masons. "The undersigned petitioner respectfully sheweth, that having long entertained a favorable opinion of your ancient institution, he now voluntarily offers himself as a candidate for initiation and membership in your Lodge. He is years of age; his occupation ; resides (Signed) "A. B." RECOMMENDED BY Bro Bro 62 PRINdfrliES AND PRACTICE OF This petition* must be read at a stated meeting of the Lodge : no business relating to the petition of or ballot for a candidate can be transacted at a special meeting. The reason for this is found in the Fifth and Sixth of the Thirty-nine Articles cited in the preceding chapter, namely, that aU the brethren may have timely notice, and, by inquiry into the character and habits of the petitioner, be prepared to prevent a fractious or unwholesome member being imposed upon the Lodge. If it is decided to receive the peti- tion, it is then entered upon the record, and referred to a committee for investigation. It has now become the property of the Lodge, and cannot be withdrawn, but must take the usual course by report of committee and ballot. It is the duty of the committee not only to satisfy themselves that the candidate is in posses- sion of the necessary qualifications, but that he has not previously been rejected by any other Lodge ; for in that case, he could not be received (without the consent of the rejecting Lodge, and not even then,) till after the lapse of a certain time provided for in * In the majority of lodges it is required that the petition should be accompanied by a fee — usually five dollars — as an earnest of the sincerity of the petitioner. It has been decided, however, that the money so deposited does not become the property of the lodge till action has been taken on the petition, the understanding being that, in case of rejection, this fee shall be returned. — G. L. of N, Y., 1859. MASONIC JURISPRUDENCE. 53 the local regnlations of the several Grand Lodges — > six months in some, one year in others. The reason for this may be found in the Fifth of the Ancient Charges : — " None shall discover envy at the pros- perity of a brother, nor supplant him, or put him out of his work, if he be capable to finish the same ; for no man can finish another's work so much to the Lord's profit, imless he be thoroughly acquainted with the designs and draughts of him that began it." Practically, however, it arises from the necessities of multiplied lodges and jurisdictions. Its intention is, not only to preserve harmony among the lodges, but to shield the Craft against the wiles of improper per- sons, determined to force themselves upon it at all hazards. In ninety-nine cases out of a hundred, the rejected candidate and his friends feel that a grievous injustice has been done him, and, in the spirit of human nature, set about the discovery of some means of retaliation. Without stopping to point out the imjustifiable and unmasonic nature of such proceed- ings, it is only necessary to say, that although, in some cases, there may be injustice — for Masons are not devoid of failings — it must not be forgotten that the ballot, being " strictly and inviolably secret," we cannot lawfully inquire into the cause of rejection, and can, therefore, only deal with it as a fact for wliich we are not responsible. Moreover, it is always 54 PRINCIPLES AND PRACTICE OF of greater importance that the Craft should be pro- tected against the admission of improper material, and that peace and harmony should be preserved in the Lodge, than it is that any man, however distin- guished, should be admitted to its privileges ; hence the legal delay can never work harm, nor can there be any shadow of injustice in allowing the Lodge to which the application was first made, and that thus acquired jurisdiction, to retain it, till time and inves- tigation shall have convinced them of the propriety of their first act, or of its reversal, on the presenta- tion of a new petition. Mistakes are common to all men and bodies of men, and it does sometimes hap- pen that a black ball is cast in error, as in a case of mistaken identity; but this does not alter the fact of the rejection, nor is there any remedy but the presentation of a new petition when the proper time has arrived. In this connection it is proper to re- mark, that the candidate, when waited upon by the committee, must — as the lawyers say — well and truly answer all questions that may be put to him touching the matter in hand ; for it is a well-settled principle that a Mason may be disciplined for an offence com- mitted previous to his initiation, a knowledge of which was willfully concealed at the time of his making. — {G. L. of N. 7., 1861.) Thus, a person who had applied to a lodge, and been rejected, and who, on MASONIC JURISPRUDENCE. 65 his application to another lodge, concealed that fact, might, and ought to be disciplined for the deception so practiced ; for although, as a profane, he was not amenable to Masonic law, he was bound to act as an honest man, in whose lexicon false pretences have no place. SECTION III. -THE BALLOT. Assuming the committee to have made its report, favorable or otherwise, the next step is the ballot, which is now the universal method by which the brethren express their acceptance or rejection of a candidate ; for the ancient regulations do not specify any particular mode of voting, but only that it shall be done prudently and with unanimity. The first and most important consideration in connection with the ballot is, that it shall not be taken till one month after the reception of the petition. We are aware that the practice is to ballot, in most lodges, at the expiration of two weeks, and in some cases one weeh, which is in accordance with the local regulations of many Grand Lodges, the letter of such regulations being, that " a petition for initiation or affiliation can only be received at a stated communication, and must be laid over till the following one ; which cor- rectly answered the requirements when lodges met but once a month ; but now, when nine lodges out of ten meet twice in each month, and many four times^ 56 PRINCIPLES AND PRACTICE OP the letter may still be adhered to, but the spirit is certainly violated. The ancient rule, to be found in the General Regulations of 1721, that " no man can be made or admitted a member of a particular lodge without previous notice, one month before given to the said lodge," is still in force ; and, if not abso- lutely a landmark, is at all events a law of universal acceptance and observance, except in the United States. The Constitution of New York (to which we refer because we are best acquainted with it) cites, as a landmark, that " a candidate must be proposed in open lodge, at a stated meeting, and can only be accepted at a stated meeting following;" nothing being said of the lapse of " one month," found in the old regulation above quoted, fi'om which it professes to be taken ; but in 1858 the Grand Master decided that a proposition for honorary membership must lie over for one month. Now, if the empty privileges of honorary membership require a month's considera- tion on the part of the lodge conferring them, surely the important act of receiving a profane into active membership ought, at least, to be as maturely con- sidered. A majority of the Grand Lodges we are, however, happy to say, enforce the rule in its integ- rity, and that they are right in so doing, there can be no question. There must he a hallo* : for it is the right of eveiy MASONIC JUEISPEUDENCE. 57 member to express his acquiescence in the admission of the petitioner, or his refusal of that admission, as his judgment may dictate ; and that, too, with entire independence of any responsibility, save that due to his own conscience. If it be held that an unfavora- ble report is equivalent to a rejection, and that there is no need of a ballot, by a parity of reasoning it might be said that a favorable report insures an elec- tion, and thus do away with the ballot altogether. The ballot must he unanimous. — In Europe the prac- tice is, to require three or more negative ballots for a rejection ; but as the oldest law we know of requires unanimity, and we desire to " stand on the old ways," our rule is, that without unanimity, no candidate can be accepted. All the Brethren present must vote. — In so important a matter as the admission of a new member, it is e\ddent that aU present should participate, because it is the duty of every member to see that, so far as his influence goes, no unworthy person is admitted to membership ; because, if only a portion of the members vote, the old regulation, requiring the unan- imous consent of all present, cannot be complied with. It is true, that by unanimous consent a Brother may be excused from voting, but, in that case, the Lodge assumes the responsibility, and it is no longer the act of a single individual. 58 PRINCIPLES AND PRACTICE OF The ballot must be secret. — ^Without tliis indispensa- ble quality, its purity and independence cannot be preserved ; lience it is that no Brother lias a right to expose the manner of his ballot, or to make known afterward how he has voted; for otherwise the harmony of the Lodge would bo disturbed, and the conscientious restriction that now rests upon every Brother as he approaches the ballot-box would be removed. The exposure of the ballot may, under certain circumstances, be made a cause for discipHne. The ballot cannot be unreasonably postponed. — That is, in the ordinary course of affairs, a motion to post- pone the ballot should not be entertained, because, in that case, some brother may be deprived of his right, and ultimately an unworthy or " fractious mem- ber be imposed on them." But for reasonable cause, a ballot might be postponed, though not to a distant period of time. An unfavorable ballot cannot be reconsidered. — When after the usual course the ballot is pronounced unfa- vorable, the petition must also be declared rejected, and that is the end of it until the regulations of the Grand Lodge allow its presentation anew. Hence, no motion to reconsider can be entertained ; but if, before the declaration of the state of the ballot, and before any of the brethren participating in it shall have left the Lodge, the Master, to avoid the possi- MASONIC JURISPRUDENCE. 59 bility of mistake, or for other reasons, which to his judgment seem proper, shall see fit to cause it to be passed again, or even a third time, it is his undoubted prerogative to do so, though it is recommended that if, on the second ballot, the result still appear unfavor- able, it should then cease, and the formal declaration be made. When the ballot is held on an application for affil- iation, the same rules apply, but there is no delay required in the presentation of a new application. In such case, however, the Master should cause the petition to lie over at least one regular meeting, that all the Brethren may have an opportunity to express their wishes. It will also be understood that although a petition may be presented at any time, the Lodge may always decide whether it will or will not receive it. It is now generally admitted that a ballot for each degree is an undeniable right when demanded ; but when the ballot for the first degree has been had, the Lodge may refuse another for that degree, unless cause be shown. Although, in regard to the last position, such is the decision (several times affirmed) of our mother Grand Lodge, we cannot, after mature reflection, say that we approve it. The old regula- tion says, that " no man can be entered a brother in any particular Lodge, or be admitted a member thereof, without the unanimous consent of all the 60 PRINCIPLES AND PRACTICE OF members of that Lodge, then present when the can- didate is proposed^ and theii* consent is formally asked by the Master." There is, we think, a misunderstand- ing as to the purport of the word "proposed," — ^it being generally taken in its modem sense, with refer- ence to the first proposition, or, more properly, pre- sentation of the petition, and not to the actual making. But we have already shown that the present fashion of proposing a candidate is of modem origin, and, like many similar innovations, has crept into our lodges with the initiation of persons previously affil- iated in other associations. The proposition here referred to is, beyond doubt, that made by the Mas- ter when the candidate, having petitioned for initia- tion, the petition having been received, and referred "to the usual committee, the committee having report- ed, and the ballot having proved favorable, and the candidate having presented himself for initiation, he asks the formal consent of the Lodge to proceed to that ceremony. Under these circumstances, it would clearly be the right of any brother to object to fur- ther proceeding, and the objection would have to be respected ; otherwise the harmony of the Lodge would be destroyed and a brother be offended, and perhaps driven out of the Lodge, for the sake of a profane. Such is the almost universal decision of the authori- ties in the United States, and we agree with them. MASONIC JUKISPRUDENCE. 61 The ballot is of such paramount importance, that, in concluding this chapter, we trust to be pardoned for detaining the reader with a few considerations connected with the use of the black ball. The nega- tive ballot has been aptly termed the palladium of Masonry ; for on its discreet use the institution rehes as a safeguard against the unworthy, who seek ad- mission to our temples for purposes utterly foreign to the designs laid down upon the original trestle- boards of the Craft. The more popular Masonry becomes, the greater will be the number of the pro- fane, finding much in it to admire, nothing to condemn, and everything to gain by affiliation with it ; and the greater will be the necessity for some one in each Lodge to stand guard over the sanctuary, armed with an instrument that shall execute his will, "As lightning does tlie will of God." Such, in the hands of a true and trusty brother, is the black-ball. Well would it be for Masonry if no others used it ; well would it be for Masons if they could school their minds to a rigid respect for its appearance in the ballot, even though a brother were passing the ordeal. To these causes, more than aU others, may be traced the difficulties that arise in Lodges : the scandal, the heart-burnings, the shame, that so often attend on personal quarrels, pursued to the bitter end with all the spiteful animosity arising 62 PRINCIPLES AND PRACTICE OF from real or fancied injury. In the first place, then, it may be said that none but discreet brethren should assume to use this potent agent for good or evil, as the case may be : or perhaps it were better to say, that none should use it, but with the utmost discre- tion, as an act of conscience, in the execution of which, not even the dearest friend — no consideration of personal advantage — no fear of injury or ill-will — should for a moment be allowed to come ; that, above all, it should not be used in a spirit of levity, nor from the desire to gratify a personal pique either against the petitioner or his friends ; for in most cases where passion is allowed to nile, the smirk of satis- fied malevolence betrays the secret. The adverse party, in the heat of disappointment, will seek a counter-revenge, and thus the fire being lighted, it wiU — as it has done — devastate the entire lodge, and scatter its membership, never again to be reunited. But, on the other hand, when the humblest brother knows that an applicant is unfit to be invested with the high prerogatives of the Fraternity, he should veto his admission without fear or favor. It would seem, however, that less danger is to be apprehended from the improper use of the ballot, than from the refusal of those immediately interested in the result to submit quietly to the action of the Lodge in refusing to admit to the privileges of Masonry one who, to them, may be a near and dear friend, but, to others. MASONIC JURISPKUDENCE. 63 a manifestly improper person. Consequently, we may with propriety assert, that the duty of submission to the award of the brethren is even more important than the correct discharge of duty at the ballot-box. No man has a right to admission into the Craft, and his acceptance is, therefore, a favor granted, and not a right conceded. Why, then, should we feel ag- grieved if, for good reasons, (for we are bound to believe that whoever uses the negative ballot does so with a firm conviction of the justice of his act,) the Lodge choose not to receive our friend among its members ? or because all men do not place the same estimate upon him that we do? Keflection must convince us that such action cannot be justified, and that it is better to submit in silence to what we be- lieve to be a wrong, in the hope of proving in the future the mistake of our opponents, rather than by giving way to the sudden impulses of passion, and thus, by impHcation, proving the unfitness of our friend by the very standard we ourselves set up. Time, that cures so many ills, will rarely fail to soothe the angry feelings and mitigate the sense of wrong, and still more rarely will it fail to do justice to the claim of any good man, whose pretensions may have been overlooked or unjustly treated. To it, when our friends have been rejected, we may safely trust, with the certainty that the delay required by our laws will never operate to the prejudice of a 64. PRINCIPLES AND PRACTICE OP worthy candidate, while it may reveal a dark spot in the character of one we have deemed above reproach. Could all this be avoided, however, it would unques* tionably be better ; to which end we submit for con- sideration the method adopted by one of the French Lodges in the city of New York, which is this : — ^At each regular meeting of the Lodge, the Master of Ceremonies, by direction of the presiding officer, pre- sents to each member a suitable receptacle, into which those having petitions to offer place them. These are handed to the Master, who reads them aloud, without, however, mentioning the name of the brother or brethren presenting them. The petitions then He over for two weeks, during which time every member choosing to do so may satisfy himself as to the character and standing of the candidates, and, if desirable, see them personally. At the next meeting, opportunity is afforded io present objec- tions, if there be any; if none are offered, then the petition goes to the committee, whose names are known only to the Master and Secretary, and takes the usual course. On the report of the com- mittee, the Lodge proceeds to ballot, uninfluenced by any consideratio^i but the personal character and fitness of the candidate. It is respectfully submit- ted that, in most, if not all cases, this plan would tend to prevent the unpleasant feelings arising from the use of the black-ball. or THE ilYER8(TY CHAPTEK III. Having now disposed of the preliminary steps to the making of a Mason, some of which, in order not to break the continuity of the argument, we have fol- lowed beyond that point, we now invite attention to the formation of a Lodge, and the various consider- ations that pertain to its establishment. In the third of the Ancient Charges, " a Lodge " is defined to be " a place where Masons assemble and work ; hence that assembly or duly-organized society of Masons is called a Lodge, and every Brother ought to belong to one, and to be subject to its by-laws and the General Kegulations." Previous to the revival of Masonry in 1717, a Lodge was simply a congregation of Masons in some appro- priate or convenient place, by authority of the sheriff or civil magistrate, for the purpose of "making" one or more profanes, which ceremony being accomplish- ed, the assembly dissolved into its original elements, to meet at some future time, under like circumstances and for a similar purpose. Warrants of Constitution were then unknown, and the four old lodges that 66 PRINCIPLES AND PKACTICE OP united in the formation of the Grand Lodge of Eng- land refused to be placed under the restrictions of a warrant — continuing their meetings by immemorial usage and the rights they had previously acquired. Their survivor still exists in London, and is of course on the registry of England, but has no number, being known as the Lodge of Antiquity. After the forma- tion of the Grand Lodge of England, Warrants of Constitution were granted directly by the Grand Master, and such is the custom in that jurisdiction to this day, as, indeed, in most, if not all others, outside of the United States of America. Here the more prudent rule obtains, of requiring new lodges to imdergo a probation, of greater or less extent, ac- cording to the local regulations of the several Grand Lodges, as an earnest of their fitness to undertake the labors of Masonry, and carry them forward with profit to themselves and with honor to the Fraternity. Let us, therefore, commence mth SECTION I. -LODGES UNDER DISPENSATION. A Lodge under Dispensation is described as a tem- porary and inchoate body, not entitled to representa- tion in the Grand Lodge, and those who work it do not thereby forfeit their membership in any other lodge, unless they so elect at the time when the War- rant of Constitution issues. To form such a Lodge, MASONIC JURISPRUDENCE. 67 it is required that a petition,* signed by not less than seven Master Masons in good and regular standing, and recommended by the nearest lodge,t be forward- ed to the Grand Master, who will, if he deems it for the general interest, issue Letters of Dispensation, empowering the petitioners to meet as a regular Lodge, and perform such acts as Lodges under Dis- pensation may of right do, or as may be allowed by the terms of the Dispensation and the regulations of the Grand Lodge, until the next succeeding commu- nication of the Grand Lodge, when the Dispensation ceases by its own limitation. The powers of a Lodge under Dispensation have been the subject of much argument, and the decisions on this topic are extremely varied and conflicting. The following summary will, we think, be found to embrace the most generally received opinions : — 1. A Lodge U. D. is but a committee — so to speak — of the Grand Master's selection — a temporary body, which by his prerogative he may create or dissolve at his wiU. 2. It can hold no regular election, nor can its officers be installed. 3. It cannot be represented in * See Appendix. t In the State of New York, no Dispensation to form a new Lodge can be issued witliin three months next preceding the Annual Communication of the Grand Lodge, nor without the recommendation of all the Lodges whose jurisdiction shall bo affected by such Dispensation, except in cities. 68 PRINCIPLES AND PRACTICE OF Grand Lodge, because that body is composed of the Masters and Wardens of Warranted Lodges only. 4. It cannot try or discipline the Masons composing it, that being the prerogative of a Warranted Lodge. 5. It cannot form a code of By-laws. 6. It cannot affiliate Masons. 7. In the event of a warrant being refused, the property and funds must be placed in the custody of the Grand Lodge. If these premises are correct, then Lodges U. D. are but legalized conventions for the purpose of con- ferring the three degrees of Masonry, and adding, to the extent of their opportunity, to the army of non- affiliated Masons. From the fifth and sixth proposi- tions above stated, we, however, emphatically dissent. Lodges we have seen were at first fully warranted by the Grand Master ; and it may safely be assumed, that when that power was surrendered to the Grand Lodge, it was in order that the whole Craft might, through their immediate representatives, have a voice in the creation of new Lodges ; that when the plan of issuing Letters of Dispensation was adopted, it was that, by the acts of the new Lodge during their term of probation, the brethren assembled in Grand Lodge might be able to judge of their fitness to hold a full warrant, and become duly-constituted Lodges ; that when the Grand Master issues his Dispensation for the formation of a Lodge, it is after careful exam- MASONIC JURISPRUDENCE. 69 ination, on his part, of all the surroundmg circum- stances, and with the direct expectation that, unless through some unworthy act on the part of the Lodge, a full warrant will be granted at the succeeding com- munication of the Grand Lodge. They are properly termed incJioate lodges, because they are in process of forming, or preparing for a permanent existence, under a warrant, and they are therefore just as com- petent to decide what particular regulations they will make for their own domestic government, as they would be after the granting of the warrant ; indeed, it would seem that a very important part of their preparation would be the formation of such a code, to be submitted, with the petition for a warrant, as a portion of the evidence of their capabiHty in 'con- ducting the affairs of a lodge. If to this we add the well-known rule, that even a warranted lodge must submit its By-laws to the Grand Lodge for approval, the argument in favor of our position would seem to be complete. In like manner, we think that, if a Lodge U. D. may initiate, pass and raise candidates, and thus increase their numbers, they may with equal propriety be intrusted with the power of affiliating such Masons as they may deem worthy. Such is the practice in the State of New York — these powers being specifically conferred in the Dispensation, which is granted to the persons named therein, and 70 PRINCIPLES AND PRACTICE OF not, like a warrant, to the first three officers. No general law can, however, be stated, because Lodges U. D., being a modem and almost exclusively Ameri- can organization, each Grand Lodge makes such regulations in regard to them as it may deem best suited to the circumstances of its own jurisdiction. SECTION 11. -WARRANTED LODGES. When the time fixed in the Dispensation has ex- pired, the work of the Lodge ceases, and the next step is the return of the Letters to the Grand Secre- tary, accompanied by a transcript of the minutes, a copy of the By-laws, (where the Grand Lodge per- mits Lodges U. D. to frame a code,) the proper Grand Lodge return of work done, the constitutional fee, and a petition for a warrant. These documents are laid before the proper committee of the Grand Lodge, and on their report the warrant issues. A warrant once granted to a Lodge is immutable so long as the Grand Lodge, of which it forms a con- stituent part, exists, and the members adhere to their allegiance, and pay the contributions required by the Constitution and Regulations of the Grand Lodge. In this respect, it differs materially from the Dis- pensation ; for while the latter is an emanation from the Grand Master, the Warrant has the direct sanc- tion of the Grand Lodge, attested by its seal and MASONIC JURISPRUDENCE. 71 signatures — tliat is, those of the Grand Master, his Deputy, and the Grand Wardens — and can only be revoked by vote of the Grand Lodge, after due trial and unequivocal proof. The acts by which the war- rant may be forfeited are — Contumacy to the author- ity of the Grand Master or Grand Lodge ; Departure from the original plan of Masonry and Ancient Land- marks ; Disobedience to the Constitutions ; and Ceas- ing to meet for one year or more. The Warrant of a Lodge may be surrendered by the voluntary act of its members, after due summons, and when the mi- nority opposed to such surrender is less than seven in number. It is proper to remark, that the majority of Masons agree with us in this opinion, and found it, as we do, upon the assumption, that as seven Mas- ter Masons are competent to form a Lodge, therefore, so long as that number remain faithful, and desire to retain the Warrant, it cannot be surrendered.* A * A remarkable confirmation of this view occarred not long since in New Orleans, where a majority of the members of a Lodge had formed themselves into an association, transferred to that association the property and funds, (a large amount,) and then declared the Lodge dissolved. The minority protesting against this action, a suit at law ensued; and it was finally decided by the Court of last resort, that the minority were the legal custodians of the Lodge and its properties, and that, although the majority might withdraw, they could not dissolve the Lodge, so long as a competent number of members were desirous of continuing its existence. 72 PRINCIPLES AND PRACTICE OF majority of the Grand Lodges hold to this view, and in England they require the minority to be less than three ; but others, among which is the Grand Lodge of New York, allow a Warrant to be surrendered on the vote of a simple majority. As the Old Regula- tions make no mention of this occurrence in the his- tory of a lodge, for the evident reason that previous to 1717 there were no Warrants to surrender, it is now conceded to be a subject of local regulation, and each Grand Lodge makes its own laws for its government The Warrant of a Lodge may be temporarily sus- pended, for cause, by the Grand Master ; but such suspension cannot extend beyond the next ensuing Annual Communication of the Grand Lodge. In New York, this suspension cames with it that of all the members, unless they be specially exempted at the time, but this is clearly a local regulation, — the general understanding being that the Grand Master, by his edict, arrests the work of the Lodge, and pre- vents its meetings, but that the Warrant remaius in force imtil lawfully revoked by the Grand Lodge. But to return : The Warrant haviug been granted, it is necessary that certain ceremonies should be per- formed before the Lodge can be set at labor. These are; — The Consecration, by which the Brethren com- MASONIC JUEISPEUDENCE. 73 posing the new Lodge are set apart to the work of ruling and governing the household intrusted to their care, for the " greater glory of God." The Dedication, by which they are reminded of the patrons of the Craft, and incited to emulate their virtues. The Constitution, by which, in the name and by authority of the Grand Lodge, they are formed into a just and regular assembly of Masons ; and, finally, The Installation, by which the officers are induct- ed into their several stations, and formally invested with the powers thereunto belonging. The order of these ceremonies, as here stated, dif- fers somewhat from the general usage, but it is such as we have always practiced, and appears to be in keeping with the end sought to be obtained. These services should be performed by the Grand Master in person, or by his immediate delegate or proxy. It is admitted that no one but the Grand Master or his representative can Constitute a Lodge ; and al- though the consecration and dedication are based upon the religious observances of antiquity, and are therefore religious in their nature, stiU they are essen- tial to the legality of the whole ceremony ; and while the Consecration Prayer ought to be rehearsed by the Chaplain, the formal declarations should all be made by the Grand Master. 4 74 PRINCIPLES AND PRACTICE OP When the ceremony is completed, the Lodge takes its place in the great Masonic family, as the peer of all other Lodges, as a constituent member of the Grand Lodge, by authority of which it has been ushered into existence, and at once enters into the enjoyment of all the rights, powers and privileges of a just and duly-constituted Lodge. SECTION m. -POWERS OF WARRANTED LODGES. The powers and privileges of a Subordinate or Particular Lodge are such as are defined in its war- rant, by the Constitutions of the Grand Lodge grant- ing the same, and the Ancient Landmarks and Gen- eral Regulations. They are divided into — 1. Executive : in the direction and performance of its work, under the control of its Master, and in all other matters in aid of the Master, who has the pri- mary executive power of a Lodge. 2. Legislative : embracing all matters relating to its internal concerns, not in deiogation of the Ancient Landmarks, the Constitutions and General Begula- tions of the Grand Lodge, and its own particular By-laws; and, 3. Judicial : embracing the exercise of discipline, and settlement of controversies between and over all its members (except the Master), and over all Masons MASONIC JURISPRUDENCE. 75 and non-affiliated brethren within its jurisdiction, subject to an appeal to the Grand Lodge.* From what has already been said, it will be seen that, while in the beginning, Lodges were unrestricted by any superior authority, and were therefore supreme in themselves ; yet, at the formation of Grand Lodges, certain of their powers were necessarily surrendered for the general good, just as indiyiduals and commu- nities divest themselves of a portion of their political rights, that all may enjoy a uniform protection at the hands of a supreme government. The idea of the surrender of a portion of their rights by the Lodges, carries with it the reservation of certain others, inhe- rent in the Lodge, and not subject to dispensation or other act of the Grand Master or Grand Lodge. This is a most important distinction, and one that it is necessary to keep in remembrance in the decision of many of the questions that may be presented. The general tendency of all governments and legis- lative bodies is to cumulate power — to exercise not only the authority delegated to them by the people, but gradually to increase that authority by encroach- ments upon the original sovereignty. We beHeve in the simple doctrine that subordinate lodges are, as to many matters which have received the legislative * Constitution, Grand Lodge of New York. • 76 PRINCIPLES AND PRACTICE OF action of Grand Lodges, sovereign bodies, and that any action which interferes with that sovereignty is of necessity illegal and void; and that, unless the reserved and inherent rights of Lodges are well de- fined and understood, the time will come when those rights will be extinguished, partly through direct legislation, and pai-tly fi'om the neglect, on the part of the subordinates, to assert and maintain them. The Lodge organization is the normal condition of the Fraternity ; Grand Lodges, the result of necessi- ty, growing out of the wide-spread popularity and extension of the institution, and intended to preserve uniformity of doctrine and practice by mutual con- sultation on the part of the representatives of the subordinate lodges. While each remains in its own sphere of action, the result must continue to be in the future, as it has been in the past, for the greatest good of the Craft. Let it, however, be remembered that the Grand Lodge acts by delegated powers, and that, so far as those powers are concerned, it must be supreme, but that the reserved powers of the Lodge are inherent, and cannot be interfered with by any act of the Grand Lodge ; nay, more : we insist that these powers cannot be delegated, if the Lodge were so minded ; for their possession by the subordi- nate body is a Landmark — a fundamental principle — ^that no man or body of men can remove. MASONIC JUKISPBUDENCE. 77 The powers of a Warranted Lodge may, therefore, be divided into two classes. Inherent and Constitu- TIGNAL. The inherent powers of a Lodge, controlled only by the Ancient Landmarks, are : — 1. To decide who shall be admitted members of or initiated therein ; that is, of persons properly qualified. 2. To make Masons (not more than five at one meeting) of those it has decided to admit. 3. To place on trial a member against whom charges may have been preferred, to pronounce sen- tence, and enforce discipline. 4. To elect and install its officers. 5. To fix its time of meeting. 6. To require its members to contribute to its funds. 7. To be represented at all communications of the Grand Lodge. 8. To instruct its representatives, for their govern- ment, at all such communications of the Grand Lodge. To our comprehension, these propositions are seK- evident, and no lengthened commentary appears to be necessary. We direct attention to them, that it may be understood that no Grand Lodge legislation can alter their essential features. For example : it is usual and proper for Grand Lodges to fix, by con- stitutional provision, the time and manner of electing 78 PRINCIPLES AND PRACTICE OF officers ; but, in the election, the Lodge is entirely uncontrolled, save by its own By-laws and the usages of Masonry. The Grand Lodge may say, that at a given time a Lodge must elect a Master, two Ward- ens, a Treasurer, and a Secretary, but it cannot inter- fere with the choice by the brethren of persons to fill those offices. So, the Grand Lodge may enact regu- lations for the government of Lodges in the trial of members, but it cannot deprive the Lodge of its right of original jurisdiction ; it may, on appeal, reverse a finding, and send the case back for a new trial, but it cannot, in legal phraseolog}^ change the venue, or order the case to be tried elsewhere, without the con- sent of the Lodge. It cannot, by legislation, divest the Masters and Wardens of the Warranted Lodges in its jurisdiction of their right to represent their Lodges, or of the Lodges to be represented by their Masters and Wardens, in its annual or other commu- nications, because to do so would be, in effect, to destroy itself by destroying its members. Lideed, the existence of this right is the very essence of Grand Lodge organization, and carries with it the right of instruction, to be exercised by the Lodges, in their discretion. The constitutional powers of a Lodge, subject to control by the Grand Lodge, are : — 1. To make a code of By-laws for its internal gov- MASONIC JURISPRUDENCE. 79 emment, not in derogation of its inalienabie rights, or of those of its members. 2. To perform all the work pertaining to the three degrees of Ancient Craft Masonry. 3. To transact all business that can be legally transacted by a duly-constituted Lodge of Free- masons. 4. To appeal to the Grand Master or Grand Lodge from the decision of the presiding officer. 5. To change its place of meeting. 6. To control its funds. It would seem as though the right to form and adopt a code of By-laws should be an exercise of original sovereignty, but when we reflect that these By-laws must be made to conform to the regulations of the Grand Lodge under the jurisdiction of which the Lodge works, we discover at once that this is a right given up for the general benefit to the control of the Grand Lodge, which right is, however, rarely or never exercised by the grand body beyond the supervision necessary to ascertain that the Lodge is neither depriving itself of its just rights, nor assuming powers and prerogatives that do not belong to it. A lodge may, therefore, enact a code of By-laws, change, amend, or repeal the same, in accordance with the provisions therein contained, and subject to the ap- proval of the Grand Lodge, but for this reason it 80 PRINCIPLES AND PRACTICE OP cannot suspend them, because a suspension is in reality an alteration or amendment, which is not valid without the approval of the Grand Lodge : hence, a motion to suspend a by-law is not in order. And, again, it might be asked, that if the Lodge has an inahenable right to make Masons, why it has not unlimited control over the work? The reason is, that the Grand Lodge, by the very nature of the case, must have superintendence of the work and lectures, in order to guard against the introduction of matters foreign to the original idea of Masonry, to prevent the inexperienced and the over-zealous from emhel- lisJiing the ritual, which, if allowed to have their own way, they would do, and that to such an extent, that the original form would disappear. It is evident that the Grand Lodge, composed as it is of all the Masters and "Wardens in its jurisdiction, can better maintain and preserve the ritual from innovation, than any single lodge could do, however well the lodge might be disposed. Moreover, lodges in the beginning only conferred the first, or Entered Apprentice degree; the control of the ritual has, therefore, never been left entirely to their discretion. For similar reasons the business of the Lodge, as contra-distinguished from the ritualistic ceremonies, is necessarily subject to the supervision and control of the Grand Lodge. The retention of this rigl^t by MASONIC JURISPRUDENCE. 81 the Grand Lodge is, if we may so term it, a portion of the contract, by which that body ceded to the sub- ordinates the right to confer the second and third degrees ; and this is why it is now held that Master Masons only can be members of a lodge, and that hence all the business of a lodge must be transacted in the third degree. The examination of candidates for advancement, and the trial of Entered Appren- tices and Fellow Crafts (see Trials) will necessarily form exceptions. The appeal to the Grand Lodge from the decision of the Master, or of the Warden presiding in his ab- sence, is evidently of no older date than the creation of the appellate body, and must, therefore, be gov- erned by the General Regulations. Fortunately, for the weU-being and good discipline of the Fraternity, it is a right that is so seldom exercised, that it is only necessary to name its existence to have said all that is required on the subject. When Lodges met by authority of the civil magis- trates, they of course fixed their own time and place of meeting ; and as one meeting had no positive rela- tion to those preceding or succeeding it, the conve- nience of the brethren was the only governing rule ; but when Lodges came to meet under sanction of a Warrant, and thus entered upon a continued exist- ence, it became necessary that they should have a 82 PRINCIPLES AND PRACTICE OF fixed locality, to prevent confusion among the lodges themselves, and to enable the Grand Lodge to know where to find its constituents ; hence the rule, that while a lodge, after due summons and vote of its members, may change its place of meeting from one locality to another, in the same city, town or village, it cannot remove from^tKne city, town or village to another, without the sanction of the Grand Lodge. The lodge treasury, like the individual pocket, is extremely sensitive to interference, and Grand Lodges have wisely abstained from any attempt to exercise control over the funds of their subordinates, beyond requiring that they shall not be recklessly squander- ed, or divided among the members, while the just debts of the lodge remain impaid, or while the Grand Lodge dues are unprovided for; but, these things taken care of, it has been decided that a lodge may appropriate its funds to a worthy object, even though it be not a strictly Masonic one. SECTION IV. -PRECEDENCY AND JURISDICTION OF LODGES. Lodges take precedence according to the seniority of their respective warrants — that is, Lodge No. 1 is necessarily of older date than Lodge No. 300, and, so far as the respect due to age and services goes, is entitled to aU the consideration that may justly be accorded to age and long service. The senior lodges MASONIC JUIIISPKUDENCE. 83 are also entitled, by their representatives, to fill tem- porarily any vacancies in the stations that may occur at a meeting of the Grand Lodge, and to take, accord- ing to number, the right of Masonic processions ; but beyond these comparatively unimportant privileges, there is no difference between the status of the oldest or youngest Lodge, except what each one may create for itself by attention to the Constitution and Regu- lations, the general usages of Masonry, and a proper attention to the selection of materiel and the rights of its peers. The jurisdiction of Lodges is of two kinds — tee- KITOEIAL and PENAL : The territorial jurisdiction of a Lodge depends entirely upon the regulations enacted by the Grand Lodge to which it owes allegiance, and may be stated, in general terms, to extend half-way in every direc- tion to the nearest Lodge within the territorial juris- diction of the Grand Lodge. Li cities and towns where there are two or more lodges, their jurisdiction is held to bet in all respects concurrent. Jurisdiction, as here defined, relates entirely to the reception of profanes; for a Lodge retains jurisdiction over its members, without regard to their place of residence. This is another law growing out of the increase of Lodges, and is intended, by securing to each one a well-defined limit in which to seek for material, to 84 PRINCIPLES AND PRACTICE OF enable it to make a more thorough investigation into the character and standing of candidates, than it could otherwise* do, and, by preventing trespass on the territory of its neighbors, to insure a greater degree of harmony. This rule may, at first sight, appear to interfere with the right of Lodges to decide who shall be initiated therein, and to make Masons of those they have thus decided to admit; but a lodge can only entertain the petition of, or confer degrees on, a properly-qualified candidate ; and it is now held (except by the Grand Lodges of England and Hamburg) that a candidate is not properly qual- ified unless he has a fixed residence within the terri- torial jurisdiction of the Lodge to which he applies. Seafaring men, and mihtary and naval officers, are excepted from this rule, because they are supposed, from the nature of their professions, not to be able to control their private actions so far as to be in any place long enough, at one time, to establish a resi- dence, in the legal acceptation of the term. Master Masons are excepted from this rule, because they have acquired aU the rights and privileges of the Craft — one of which is, that every Mason may choose for himself the Lodge in which he can best work, and with the members of which he can best agree. The penal jurisdiction of a Lodge, by which is un- derstood the right of trial and the enforcement of MASONIC JURISPRUDENCE. 85 discipline, other than that exercised oyer, its own members, (to which we shall give a separate consid- eration,) extends to all non-affiliated Masons in its jurisdiction, and to Masons belonging to lodges located in other jurisdictions, but who are personally within the jurisdiction of the disciplining lodge. This is a law of common justice, as well as one of ancient usage, but not of universal acceptance, — many authorities claiming that if a member of a lodge in Minnesota commit a Masonic offence in Vermont, he can only be tried .by his mother-lodge ; but it is evident that the offender in Vermont might go on to any excess, and by his conduct bring unut- terable shame on the lodge and brethren for any length of time, before the lodge in Minnesota could be informed of it, or, if informed, could obtain the evidence necessary to a conviction; while, on the other hand, the lodge in Vermont, in whose very presence the offence might be said to be committed, would certainly be best prepared to administer cor- rection with a knowledge of the facts. Every Lodge and every Mason is bound to maintain to the utmost the good name and reputation of the Fraternity, and to this end all regular lodges are justified in sum- moning before them, for trial, those non-affiliated Masons and members of distant lodges who, forgetful of the solemn sanctions under which they entered 86 PRINCIPLES AND PKACTICE OP the Craft, violate its wholesome regulations, and thus bring disgrace upon it. The principle upon which this law is founded is coeval with the organization of Masonry as we have it. It is not only a Land- mark in itseK, but a necessary sequence of other principles about which there is no difference of opin- ion; thus, a Mason is required to be a peaceable citizen, wherever he resides or works, by which is imderstood that he is to conform to the law, respect the magistrates, and act as a good citizen should do, that the honor of the Fraternity may be thereby promoted, and the caddis of its adversaries answered. Now, if a Mason is thus required to demean himself in regard to the civil law, how can he be exempted from Kke provisions in the code of Masonry? Lodges are but the subdivisions of a universal family, for the convenience of the brethren ; the general reputation and prosperity of the whole is, therefore, of greater importance than the mere local interests or pride of a small part, and every Lodge is consequently a guard- ian — so to speak — of the general good name, wdth undoubted right, in the execution of its trust, to summon before it delinquent sojourners and non- affiliated Masons, to place them on trial, and after lawful-conviction to administer discipline ; subject, it need hardly be said, to an appeal to the Grand Lodge to which the disciplining lodge owes obedience. or THE CHAPTEE IV. SECTION I. -THEIR POWERS AND DUTIES. Haying thus far treated of the general powers of a Lodge, it is necessary to our plan that we should now introduce the officers, as a knowledge of their powers and duties is essential to a proper under- standing of various matters that will appear as we proceed. The discipline of a Masonic Lodge, the order ob- served at its meetings, the obedience there exacted, and cheerfully rendered on the part of the brethren, makes its government as nearly perfect as it is pos- sible for any merely human institution to be. It should, therefore, be — as in truth it generally is — a matter of study and just pride, on the part of the office-bearers, to be well acquainted with the general laws and usages of the society, as well as with their own powers, prerogatives and duties, that not only may they be enabled to keep the members in the straight path of duty, but that, by their own example, they may make that path more easily discernible, and less apt to be departed from. Intelligent and 88 PRINCIPLES AND PRACTICE OP capable officers make good Lodges, and govern with less difficulty tlian ignorant and incompetent ones, because they do not overstep the bounds of proprie- ty, nor heedlessly invade the rights of the brethren ; and because all men — certainly all men fit to be Masons — appreciate the labors of such officers, and intuitively seek to assist them by prompt deference to their commands, and the influence which such conduct exercises over those — if any there be — less loyally incHned. The duties and prerogatives of the officers are always well defined, but it is none the less a fact that, in scarcely any two rites, are the officers and their functions precisely the same, and, indeed, our own coTmtry is not entirely unifonn, although aU Lodges in the United States work imder the supervi- sion of Grand Lodges of what is termed the Ancient York Bite,^ Li some jurisdictions, they have an * We may be deemed heretical, but we cannot avoid sajing, that, in our judgment, the name of York Bite, as applied to our system of degrees, is an absolute misnomer. Every ritualist who has investigated the subject knows, that the simplicity of the An- cient System has been buried, as it were, under the innovations of Webb and his successors in the business of ritual-making; that we have, in fact, a system peculiar to ourselves, which we ought to call, what it really is, " The American Bite." The reader will, of course, make the distinction between those who seek to creat<» new rituals, and those who faithfully and earnestly teach what they have previously learned. MASONIC JURISPRUDENCE. 89 officer called the Inner Guard ; in others, such an officer is unknown : some have Masters of Ceremonies ; others, not. In the beginning, the indispensable officers were the Master^ Wardens and Tiler. The creation of new rites and other causes have, however, gradually led to the introduction of other officials, and a Lodge may now be said to be fully officered when it has — A Master, (whose style is Worsliipful^ A Senior Warden, A Junior "Warden, A Treasurer, A Secretary, A Senior Deacon, A Junior Deacon, Two Stewards, or Two Masters of Ceremonies, A Tiler. In addition to these, many Lodges have a Chap- lain, some a Physician, others a Marshal, and most, if not all, a Board or Trustees. THE niSTER. "It was the obseryation of a wisdom greater than man can boast, that a house or kingdom divided against itself, cannot stand; and experience proves the soundness of the axiom. This proverb may be applied with great propriety 90 PRINCIPLES AND PRACTICE OF to an institution whose members are segregated from the rest of the world by obligations, customs, and laws of a peculiar nature, yet retain their independence of character by a per- fect freedom of thought and action. In such a society, a judicious ruler is absolutely essential, not merely to its pros- perity, but to its very existence. If the shepherd be careless or inefficient, the flock will be scattered abroad. "Unity is the mainspring of Freemasonry. Destroy that, and the machinery will fall in pieces; and it will be a difficult matter to preserve the links in the chain of unity unbroken, unless the Master pursue an accommodating policy, which may cause the brethren to be mutually pleased with each other's society, accompanied by an inflexible regard to disci- pline, which, while it allows freedom of action, will preserve inviolable the respectful submission that is due the Chair, as its undoubted and inalienable prerogative."* **To become Master of his Lodge, is the legitimate object of every young brother who takes any interest in our society. The very questionable policy of our present regulations seems to be, to open to each, in succession, the way to the Master- ship — almost, if not altogether, as a matter of course. Now, my younger brethren may rest assured, that although, in deference to a usage which it is perhaps too late to abolish, we may place a careless or ignorant Mason in the Chair, invest him with the badge of authority, and address him with the external forms of respect, we cannot command for him the deference and consideration which will be sure to follow the enlightened and expert. He will be like the figure* * *'Bevelations of a Square."— Oliveb. MASONIC JURISPRUDENCE. 91 head of a ship — placed foremost, and gaudily decorated; but, after all, it is a mere effigj^ not contributing in the least to the management of the vessel. In small, as in great things, knowledge is power — intellectual sujperiority is real pre-emi- nence." " Some inexperienced brethren may think that no difficulty can ever arise in the decision of Masonic questions, because they have never seen any such difficulty in our society. It is true, that mutual forbearance is so much inculcated, and good feeling so widely prevails among us, that, in the hands of a judicious ruler, all goes on with easy and undeviating regularity. But I can assure them that, in a well-regulated Lodge, there is a very ample scope for the exercise of intel- lect; and that the Master will soon find that he requires even more than a knowledge of Masonic law and usages, to acquit himself creditably of his responsibility. He should know his own limits, so as not to encroach upon the rights of the brethren, of which, I candidly warn every young Mas- ter, he will find us not a little jealous. If he falls short of his own bounds, or oversteps them, he will find clear heads and keen tongues to remind him — respectfully, but unmis- takably — of the fact. The Lodge will soon feel what sort of hand holds the helm ; and as they are bound to acquiesce in his opinion, as their Master, he must show equal deference to theirs."* **In the whole series of offices recognized by the Masonic institution, there is not one more important than that of the * "The Duty of the Master," a Lecture, by J. Fitz-Henhy TowNSEND. — American Quarterly Review of Freemasonry, vol. i. 92 PRINCIPLES AND PRACTICE OF Master of a Lodge. Upon the skill, integrity and prudence of the presiding officer, depend the usefuhiess and welfare of the Lodge, and as lodges are the primary assemblages of the Craft, and by representation constitute the supreme tribunal or Grand Lodge, it is evident that the errors of government in the primary bodies must, if not duly corrected, be pro- ductive of evil to the whole fraternity. Hence, in the cere- mony of Installation, it was required, as a necessary qualifi- cation of him who was proposed to the Grand Master as the presiding officer of a Lodge, that he should be of good morals, of great skill, true and trusty, and a lover of the whole fraternity, wheresoever dispersed over the face of the earth. And it was on such a recommendation, that it was to be presumed that he would discharge the duties of the office with fidelity."* To the foregoing qualifications of the Master, which are general in their nature, there is to be added the legal one, that he shall have previously been installed and served as "Warden — not necessarily in the Lodge which proposes to elect him, but, at aU events, in some regular Lodge. As considerable difference of opinion exists in regard to this question, we propose to give it a brief examination. The original law upon the subject is found in the fourth of the Ancient Charges. In this Charge it is stated, " That all pre- ferment among Masons is grounded upon real t\ orth "Text-book of Masonic Jurisprudence." — Macket. MASONIC JURISPRUDENCE. 93 and personal merit only;" that "none but a perfect youth should be made an Apprentice, that in due time he may become a Fellow Craft, and when otherwise qualified, arrive at the honor of being Warden, and then Master of the Lodge." ^ * ^ * "No brother can be a Warden until he has passed the part of a Fellow Craft ; nor a Master till he has acted as Ward- en." — To our comprehension, and, we may add, to that of a large majority of the Fraternity, this law is so expHcit, as not to admit of any fair argument against the requirement which so plainly appears in its language — that a brother must be a Warden be- fore he can be Master. We have seen much ingeni- ous argument to prove that, as aU preferment among Masons depends on personal merit, such merit must be the governing rule in the selection of the Master, as well as other officers; but it will be seen that "real worth and personal merit" are the groundwork only of preferment, and they neither include nor, by a reasonable deduction, forbid the necessity of other qualifications. As a basis of preferment, we cheer- fully acknowledge personal merit to be indispensable, and regard it as one of the most satisfactory features of the Masonic institution — as one that especially distinguishes it from the associations of the profane world ; but to make this the only test, would be to sweep away, as with a breath, other distinguishing 94- PRINCIPLES AND PRACTICE OP and valuable characteristics of the Fraternity. If the personally meritorious were all eligible to the mastership, the Master Mason of a day might aspire to the chief command, as well as the veteran of half a century, and thus our lodges would become so many arenas for the exhibition of the chicanery and tricks of partisan politics, while the experience and educa- tion necessary to fit even the truly meritorious for so difficult a trust as that of Master of a Lodge, would at once be left out of the account. Fortunately, for the stabihty of the Craft, the advocates of such a theory are few and far between. The Charge itself is the best refutation, if any were needed, of the argu- ment imder consideration ; for it plainly contemplates the gradual arrival of the aspii*ant to the goal of his ambition : — the Apprentice is to become a Fellow Craft in due time, and when he has served such a term of years as the custom of the country directs, and is otJiertoise qualified, he may arrive to the honor of being "Warden, and then Master. In the words "otherwise qualified," something beside "personal merit " is clearly provided for and intended. There is another, and somewhat more numerous, class, who claim that, under certain circumstances, a Lodge may proceed to elect to the mastership auy member of the Lodge, even though he may never have been Warden. We have seen a report, adopted MASONIC JURISPRUDENCE. 95 by a Grand Lodge, in whicL. it is gravely argued that "acting as Warden" is merely a ceremonial ob- servance, and has no further effect than to require that the candidate should have temporarily occupied the "Warden's station during the conferring of a de- gree. We cannot fully expose the fallacy of this position without trenching on matters not proper to be written ; but every Master Mason knows, or ought to know, that there were three Grand Masters, neither of whom was Warden — the duties of that station being confided to the " Overseers of the work," and, there- fore, that the ceremony referred to is without the quality of common sense. "Acting as Warden" means to have been lawfully appointed to that station, and to have discharged the duties that pertain to it. In Anderson's second edition of the Constitutions, pubhshed in 1738, he makes two very important changes in the Kegulation in regard to the qualifica- tions of the Master. The first is simply explanatory, by the addition of the word " somewhere ;" that is, that a brother should have been Warden somewhere, but not necessarily in the Lodge in which he was to be elected Master. The second overthrows the whole, by the addition of these words : " except in extraor- dinary cases, or when a Lodge is to be formed where none such (Past Masters or Wardens) can be had ; for then three Master Masons, though never Masters 96 PRINCIPLES AND PRACTICE OF or Wardens of Lodges before, may be constituted Master and Wardens of that new Lodge." If, as stated in the title, the Constitutions of 1721 were the " Laws, Charges, Orders, Regulations and Usages of the Right Worshipful Fraternity of Accepted Free- masons," and were collected "from their general records and their faithful traditions of many ages," then he had no authority whatever to alter them in 1738, nor could the Grand Lodge of England, if they had been faithful to their trust, have sanctioned any such alteration. The Constitutions of 1721 were either correct or they were not : if coiTect, they were the usages of " many ages ;" and that they were so, seems to follow from the fact of their approval and authorized publication by the Grand Lodge. And, although it is provided, in the thirty-ninth General Regulation, "that every Annual Grand Lodge has inherent power and authority to make neiu regulations or to alter these, for the real benefit of this Ancient Fraternity," it is clear that this only refers to local regulations; for it is expressly declared that such new regulations can only be made or the old ones changed on condition ^HTiatthe old lajidmarlcs he care- fully preserved." The requirement that a Master must previously have been a Warden, we are told was the usage of many ages, and the conclusion is irresistible that there was no power in any body of MASONIC JURISPRUDENCE. 97 men to make an innovation by changing it. " But " — we shall here be told — " you admit that any Master Mason may be appointed Master of a new Lodge, or, as we have it, a Lodge under Dispensation." We admit the fact, but we deny the principle, for one proposition carries the other with it ; and if the Grand Master can, under the regulations of his Grand Lodge, appoint any member to be Master of a new Lodge, by the same authority he might grant his Dispensa- tion to elect a member from the floor of a Warranted Lodge, and thus the EngHsh practice of removing a landmark would be fully established. If, however, we admit that the Grand Lodge of England had power to change the Regulation of 1721, in regard to the qualifications of Masters, then we must also grant to every other Grand Lodge a similar authori- ty, and thus make the subject one of local legislation. Such is, indeed, its present condition. The right of the Grand Master to appoint any Master Mason to the mastership of a Lodge under Dispensation is universally conceded. The Grand Lodge of New York makes this exception, but otherwise maintains the rule in its ancient form. Section 38 of its Con- stitution is in these words : — " No member can be Master of a Lodge, unless he has been previously installed, and served as an elected Warden for one year, except at the institution of a new Lodge, when 5 98 PRINCIPLES Am) PRACTICE OF no Warden or Past Master is found to serve as Mas- ter." With one or two exceptions, we believe, every Grand Lodge in the United States has a similar pro- vision in its Constitution ; and while, therefore, the principle remains as we have stated it, the practice must be governed by the regulations of the Grand Lodge having jurisdiction. We now pass to the consideration of the preroga- tives of the Master, which are : — 1. The right to congregate his Lodge. — The law for this is found in the second of the Regulations of 1721, but some explanation seems to be necessary to its proper understanding. There are two meanings at- tached to the word congregate^ one of which is the ordinary acceptation, meaning the calling together of the brethren, at a time and place named, for the purpose of holding a meeting; and the other, the Masonic one, referring to the ceremony by which the Master calls the brethren to order, when so assem- bled, for the purpose of setting them at labor in a formed lodge. It is an immemorial usage — and, therefore, a landmark — that none but the Master (when he is present) can congregate the brethren,* although the formal ceremony of opening may be performed by another brother in his presence and under his direction. Under this prerogative, the * In the second sense of the word. See Prerogative 9. MASONIC JURISPRUDENCE. 99 Master may call or summon a meeting of his lodge at any time he thinks proper ; but, though in former times he could call it at any time or place, his power in this respect is now restricted, under the regula- tions of Grand Lodges, to the calling of special com- munications at the place usually occupied by the Lodge ; at which special communications no business can be transacted, save that iox which the meeting is called ; and, further, that no business relative to the presentation of petitions for initiations or adjoin- ing, or a ballot on such petitions, can be had at a called meeting. The stated communications are fixed by the Lodge itseK, as well as the place where they are to be held ; and though the Master may, if he please, summon the members for any meeting, he cannot alter the time or place of the stated ones, because he has agreed to observe the By-laws, and to stand to the awards of the brethren, so far as they do not interfere with his admitted prerogatives. 2. The right to preside. — This is a self-evident proposition, and follows as a natural consequence of his installation : but there is this peculiarity attach- ing to the Master of a Masonic Lodge, viz : that once duly installed, he cannot during his term of office be deprived of his right to preside by any power residing in the Lodge itself. By the terms of his covenant at installaiion, he is boimd "to pay homage to the 100 PRINCIPLES AND PRACTICE OF Grand Master for the time being, and to his officers, when duly installed :" hence, when the Grand Master or his Deputy, or other duly-appointed representa- tive, appears in a Lodge, the power of the Master to preside temporarily disappears, unless the superior authority waive the right thus vesting in him, a court- esy which, it is perhaps needless to say, is almost imiversally exercised. From this right of the Master ensue others, intimately connected with it, as 3. Tlw right to Jill, temporarily, any vacancies thai may occur in the Lodge Offices, — It is his duty to set the Craft at labor, and, in order to do so, he needs the active cooperation of all the other officers ; and it is, therefore, necessary to the proper execution of his trust that he should have full power to select from the brethren present such as he deems competent to discharge the functions of the absent incumbents. 4. To control the admission of visitors. — It is, be- yond question, that one of the most important duties of a faithful Master is the preservation of harmony among the brethren by the exercise of sleepless vigi- lance against the admission of cowans, or of those brethren who, if admitted, would by their presence disturb the peace of the Lodge and hinder its work. In the exercise of this right, therefore, the Master may refuse admission to any visitor, however correct the standing of the visitor may be, he being respon- I 8 R or TMt MVERsny Of """ ■ iRN\^-^ MASONIC JURISPEUDENOE. 101 sible for the exercise of his prerogative. For a simi- lar reason, it is the general practice of the Master — though not absolutely bound to do so — to refuse a visitor when any member of the Lodge objects to his visit. It is held that he may even go farther, and refuse a member of his own Lodge, subject of course to the penalties that would follow an abuse of that power. As an abstract proposition, this is probably correct ; yet it is hedged round with so many diffi- culties, and treads so close upon the right accorded to every member in good standing, to participate in the work of his Lodge, that we cannot but advise that it should never be exercised, or, at least, only in such flagrant cases as would demand a similar action on the part of the Lodge, if the power were not already vested in the Master. We are all liable to error, and but few men are exempt from the influence of a momentary pique, or the impulse of sudden pas- sion. At such a time, the compasses lose their power, and we become liable to do that which, in our cooler moments, we might sincerely regret. It should also be remembered that a member so refused, has an appeal to the Grand Master or Grand Lodge, and, if unjustly dealt with, may even prefer charges ; in which case, the trouble ensuing would more than counterbalance any good expected to result from the exclusion. 102 PRINCIPLES AND PRACTICE OF 5. To regulate and terminate all discussion. — The distinction between the Master of a Masonic Lodge and the presiding officer of any other association, is no where more strikingly exemplified than in the exercise of this prerogative. While, in other socie- ties, the president — or whatever title he may assume — presides, in our Lodges, the Master rules and gov- erns. Li the execution of his trust, he wields auto- cratic powers, and, for the time being, the Lodge must obey. Hence, when in his judgment the debate has extended far enough, or when it is degenerating into criminations and personalities — as unfortunately will sometimes occur — he rises in his place, and the floor is his; he proceeds to put the question, if a question be pending, or to direct the labors in some other channel. 6. To direct the order of business. — It has become a custom, of late years, for lodges to append to their By-laws a summary of the order in which business shall be transacted at the stated communications, and Masters are gradually falling into the habit of its use, on the ground of convenience. It is very dis- tinctly within our recollection when no such thing was known — at least, not to our knowledge — and we have always protested against it during the years of our mastership by paying no attention to any such rules. If a Master is competent to fill the station he MASONIC JUEISPKUDENCE. 103 occupies, he ought to be, and is, the best judge of what to do and when to do it. Every Master should assert this power, as a standing protest against the innovations which are gradually, but surely, making their way among us. 7. To appoint all Committees. — ^Being responsible for the proper conduct of the affairs of the Lodge, it is but just that the Master should have the selection of the committees. If such were not the case, the Master would, to that extent, be imder the direction of the Lodge, a position in which he can never be lawfully placed. The Master is considered, by virtue of his office, a member of all committees, and when he chooses to attend their deUberations, the deference due to his position makes him Chairman. The right is, however, seldom exercised, and in some cases — as the committee to try charges against a brother — ought not to be at all. He has also generally the appoint- ment of such of the subordinate officers as are not elected under the By-laws ; this, however, is not an irrevocable right, for the custom has varied at differ- ent periods and in different jurisdictions. Thus, in England, he appoints the Wardens, and they in turn appoint officers of lower grade than themselves ; in some jurisdictions, the Lodge elects all the officers ; in others, the Master appoints all below the Secretary. 8. To close the Lodge at will. — By this it is not 104 PRINCIPLES AND PRACTICE OP absumed that the Master may close his Lodge in the midst of its labors at the mere suggestion of his own arbitrary wiU, for that would be intolerable ; but that he is the proper judge as to when the labors ought reasonably to cease, and the brethren retire to their several homes. Perhaps no single objection against Masonic Lodges has been urged with greater force than that which has for its theme the detention of the brethren to an unreasonable hour of the night. The world is all too apt to believe whatever may be stated to the prejudice of our society, and it would be diffi- cult to furnish an argument hkely to be more indus- triously used against us, than the imfortunate habit many lodges have contracted of protracting their meetings to unreasonable hours. Married men owe it to their families, and single ones to their reputa- tions, to be at home before midnight ; and it is well that Masters should recollect their prerogative, and exercise it by closing their Lodges at such an hour as will enable the brethren to be at home in good season. Cases may arise, in which it is the bounden duty of the Master to close his Lodge summarily, and in such an event, there is no question as to his authority so to do. Li all well-governed Lodges, however, the occurrence of such a scene would be next to an impossibility. It has been, and is still held to be, a prerogative MASONIC JUEISPRUDENCE. 105 of the Master to open his Lodge at the hour he thinks appropriate ; but while we do not dispute the fact, we think he may be safely admitted to have waived this in favor of the Lodge, to secure the at- tendance of the brethren at a fixed time, in order that all may know what to depend upon ; and that no unfair advantage may be taken of the presence of certain brethren, or the absence of others, to bring forward or keep back a favorite measure. 9. To issue summons. — ^We have already alluded to this power in the first-mentioned prerogative of the Master, but only as to meetings, the topic then under consideration. He has, however, power to summon for various purposes, in addition to meetings : as, witnesses in trials ; all Masons within the jurisdiction of his Lodge, to answer complaints against them ; the ofiicers of his Lodge, to render their accounts or to answer for delinquencies ; the members of his Lodge, to attend the funeral of a deceased brother. The summons can be issued by authority of the Master only, while he remains in the discharge of his functions, and is a peremptory order, which must be obeyed, under penalty, unless the excuse of the de- faulter be of the most undeniable vaHdity. A sum- mons is usually in writing, signed by the Master, countersigned by the Secretary, and having the Lodge seal attached ; but there is no doubt that a verbal 106 PRINCIPLES AND PEACTICE OF summons by the Master is equally binding with a written one. 10. To he the custodian of the Warrant.— Mi\io\i^ the Warrant purports on its face to be granted to the Master and Wardens, yet, at his installation, it is placed in special charge of the Master, and he is made responsible for its safe keeping. As, under the present organization of the Fraternity, no Lodge can be established without a Warrant, and as its pres- ence is necessary to the legahty of all meetings, it follows that the powers of the Master can only be exercised imder its sanction ; and it is, therefore, but just that he should, at all times, be in possession of the evidence of his authority. There is, in many cases, a want of care, on the part of Masters, in re- gard to this important document. We have frequently seen it framed, and hung up in the Lodge-room ; in other cases, we have known it to be regularly com- mitted to the keeping of the Tiler at the close of the meeting, and sometimes it is put away in a package with the Secretary's books — all of which practices appear to us extremely reprehensible. It is delivered to the Master in person, and it ought to remain in his personal custody. It is true, that even then an accident might happen ; but, in that event, there would remain the satisfaction of knowing that the duty of personal care had been fully discharged. In MASONIC JURISPRUDENCE. 107 case of loss of the Warrant — by fire, for instance — it is a simple matter for tlie Grand Lodge to issue a new one, equally valid, in a legal point of view, with the original, but it would only be a duplicate ; and when, as is not uncommon, all the original signers have passed away, the loss is irreparable, nor will the regret attending it be lessened by the reflection that carelessness may be cited as its moving cause. Under certain circumstances, the custody of the Warrant passes to the Wardens, as will be seen when we come to speak of those officers. 11. In company ivith the Senior and Junior Ward- ens, to represent his Lodge at aU communications of the Grand Lodge. — ^While it must be admitted that this is a right, which came into existence at the estabHsh- ment of a Grand Lodge, after the revival of Masonry in 1717, it is none the less, now, inalienable. We see in the Regulations of 1721 that it is provided, that " the Grand Lodge consists of, and is formed by, the Master and Wardens of all the regular particular Lodges upon record." And, again, " the majority of every particular Lodge, when congregated, shall have the privilege of giving instructions to their Master and Wardens before the assembhng of the Grand Lodge — ***** because their Master and Wardens are their representatives, and are supposed to speak their mind." From this it follows, that with- 108 PRINCIPLES AND PRACTICE OF out the representatives of the subordinate or pai-ticu- lar Lodges, there is no Grand Lodge; and as no legislation can be effected without their consent, it is not to be supposed they will disfranchise themselves. By the terms of his installation, and as the executive of the Lodge will, the Master is especially charged with the duty of representation. Li the exercise of these prerogatives, other and correlative exhibitions of authority are sometimes called forth ; as The control of the minutes, so far as to see that nothing improper to be written is recorded ; and, on the other hand, that nothing essential to a fair record of the proceedings is omitted. The right to refuse to initiate a candidate, notwith- standing his acceptance by the Lodge, if, in his judg- ment, such initiation would be improper. The right, when the first ballot for a candidate appears to be unfavorable, to order a second — he taking care that the necessary cautions be observed, and that the re-balloting be done before any brother participating in the first ballot has left the Lodge. The right to discuss all questions, without regard to the parliamentary etiquette of leaving the Chair, because it is his duty, at all times, to give the Craft good and wholesome instruction; in any remarks, therefore, which he may be pleased to make, he MASONIC JURISPKUDENCE. 109 is presumed to act for tlie best interests of tlie brethren. He signs all drafts upon the Treasurer, without which, that officer would not be justified in paying out the Lodge funds. He is exempt from trial by the Lodge. This pro- position is a legitimate sequence of his official pre- rogatives. We have seen that he has the right to preside at all times, and to decide, without the possi- bility of an appeal being taken from his decision to that of the Lodge. If, therefore, a motion should be offered to put him on trial, he might refuse to enter- tain it ; and, even worse, he might, if his trial were allowed in the Lodge, be called to sit as judge in his own case ; for the Lodge cannot deprive him of his right to preside. He has the right to appoint all committees : in selecting one before which his trial should be had, (where that mode of trial is adopted,) he would, of course, select his personal friends, and use his influence with them to secure an acquittal. It is, therefore, held that some tribunal, other than the Lodge, shall be charged with the trial of the Master, and that tribunal is, by universal consent, the Grand Lodge. He is entitled, and required to receive the degree of Past Master previous to his installation, because it is an indispensable part of that ceremony ; without llO PRINCIPLES AND PRACTICE OF the possession of which he could not lawfully preside, and by which he is furnished with instruction for his guidance while occupying the Chair. He cannot dimit or resign during his term of office, because he has entered into a solemn covenant to discharge the duties of Master for one year from the time of his election, which is in itself a promise that he will not resign. If he cannot resign, he cannot dimit; because, if allowed to withdraw, he might affiliate with another Lodge, and thus be Master of one while a member of another, an argument which requires no refutation. No vacancy can occur in his office, except by death or expulsion. The Constitution of New York pro- vides another cause, by " removal beyond the juris- diction," which, with all deference to our mother Grand Lodge, we think untenable, for this reason : — It is universally conceded that a Master Mason ought to belong to a Lodge, and that it is his right to affil- iate with the one that suits him, without regard to its location or his residence ; or, to make the matter plainer, that a Master Mason residing in New Or- leans, may, if he choose, affiliate with a Lodge in Boston, if the Lodge think proper to affiHate him. This being true, it foUows that removal beyond the jurisdiction does not affect the membership of the Master ; and while he continues a member in good MASONIC JUEISPRUDENCE. Ill standing, his right to the office in which he has been installed remains indefeasible. Where a vacancy actually occurs by death or ex- pulsion, it is generally held that the Grand Master may issue his dispensation, authorizing a new election to fill the vacancy thus created. From this proposi- tion we also dissent, because it is the admitted pre- rogative of the Senior Warden, in the event of such vacancy, to succeed to the Chair, and, in his absence, the Junior Warden succeeds by immemorial right — a right which even the edict of the Grand Master can- not abrogate. If, however, all three offices are vacant, it would then be proper to hold a new election, under authority of the Grand Master, but not otherwise. The conclusion to which the yoimg Mason, after reading this summary of the powers of the Master, will naturally arrive is, that he is a perfect despot ; and so, in one sense, he is — in the Lodge. But the masonic system is amply provided with what, in diplo- matic language, are called " checks and balances ;" and for every power intrusted to and exercised by the Master, there is a corresponding responsibility. If he err — as Masters, being but men, will sometimes do — there is the superior power of the Grand Master to correct his error, and restore the status quo. His powers are a peculiarity of the institution, and cannot be changed without altering its entire character, which 112 PRINCIPLES AND PRACTICE OF no one can do, if any were so inclined. Among us the possession of these powers seems to render the heedless careful, and the careful, conservative ; and while the brethren render due obedience, carefully observing the statutes and regulations, there is noth- ing to fear from the exercise of arbitrary powers on the part of the Master. Finally, to again quote Bro- ther TowNSEND, "We have seen that the brethren must, in all lawful things, obey their Master. He, on his part, should have no object but the advantage, welfare and comfort of his brethren. We may teach him our forms, explain to him their meaning, stimu- late his ambition to discharge his duties creditably ; but, after aU, we must leave him to look within his own heart for instruction, and to be guided by his own good sense and good feeling in his general con- duct. But, although particular rules wiQ not avail to supply the want of good sense and discretion, yet there are two general maxims, of which the Master should never lose sight : — First, to be serious ; sec- ondly, to be strict in observing what are called the Landmarks of the Craft." PAST SIASTER. Though perhaps somewhat in the nature of an interpolation, this appears to be the proper place to call attention to the status of Past Masters. It has MASONIC JURISPRUDENCE. 113 been well said, that " Past officers have no powers as such, except the respect due to their standing, skill and experience, save what is expressly given them by the Constitutions of their Grand Lodges," — al- though it is but partially true. "When a Master has arrived at the end of his official term, and has installed his successor, he loses all the rights which, as an actual Master, he had been exercising, and becomes again the peer of the brethren, subject, like them, to be ruled and governed by the new Master ; but by the very fact of having been installed, and having served as Master, certain privileges inure to him, which are not possessed by any brother who has not attained to that rank. Thus, in the fourth of the Ancient Charges, it is provided that " no brother can be a Grand Warden till he has been Master of a Lodge ;" and that " the Grand Master has power to choose his Deputy, who must be then, or must have been, the Master of a particular Lodge." The Grand Master himself is only required to have been a Fellow Craft ; but in the many changes which these Charges have since undergone, it has come to be required that the Grand Master also shall have been Master of a Lodge. It is clear that, under the present regulations of the Fraternity, he must be at least a Master Mason ; but we do not hazard anything in saying, that no Grand Lodge would now elect a Grand Master who 114 PRINCIPLES AND PRACTICE OP had not previously acquired the experience of at least one term as Master of a Lodge. Therefore, we say that it is a privilege of a Past Master to be ehgible to office in the Grand Lodge. In all Grand Lodges it is the rule that Lodges may be represented by proxy when the actual officers are absent : in about half of them, any Master Mason in good standing, and a member of the Lodge he represents, can be such proxy ; in the others, he is required to be a Past Master. As a general rule, we think that in all cases a Past Master would have the preference. A Past Master is quahfied to install any Master elect, when requested to do so, and to be present at the quahfication of a Master elected to the Chaii* for the first time.* We may here digress a moment, to say that, although some authorities declare that a virtual or Chapter Past Master may be present, and assist at such qualification, we entirely dissent from the assertion. The degree of Past Master, as con- ferred in a Chapter, is a prerequisite to the reception of the next higher grade, and can only be conferred on those who have received the preceding or Mark Master's degree, a quahfication not necessarily pos- sessed by the Master elect, who is about to be quah- fied for installation, by the reception of the Past Mas^ ter^s degree. In one tjase, it is merely a ceremonial * See Elections. MASONIC JURISPRUDENCE. 115 qualification for a higher degree ; in the other, it is part of the installation, by which the Master is in- vested with power to govern an actual Lodge. Again, it is the year of service in the Chair that makes him a Past Master, and not the degree ; while in the Chap- ter it is the degree, without any service whatever. The cases are not parallel : one has earned his posi- tion ; the other, has simply paid for a title. There is no reason, in Masonry or equity, why their privileges should be equal. When the Grand Master is unable to attend to any duty requiring his presence at a distance from his home, he selects a proxy to act for him, and always, when possible to do so, the Master or Past Master of a Lodge. The same rule governs in the appointed officers of a Grand Lodge. A Past Master is always eligible to reelection with- out further service as Warden, either in the Lodge in which he originally served or in any other to which he may attach himself. As a matter of courtesy, he is invited to a seat in the East, that he may aid the acting Master with his counsel, should it be needed in conducting the busi- ness of the Lodge. Much argument has been had as to the right of a Past Master to a seat in his Grand Lodge, by virtue of his service in the Chair, and for some years the or "^S^S^Tl 116 PRINCIPLES AND PRACTICE OF Fraternity of New York were literally convulsed by the troubles arising from this source. The real ques- tion at issue, however, was not as to whether all Past Masters were entitled to life membershijp in the Grand Lodge, but whether those who had acquired that privilege under a law existing from the very founda- tion of the Grand Lodge, could be deprived of it by an enactment ex post facto in its nature and applica- tion. After long discussion, it was finally agreed, that while the Grand Lodge might amend its Consti- tution, so as to exclude all future Past Masters, it could not in equity take away rights which had been constitutionally acquired. "With this agreement, the troubles in the Craft disappeared, as if by magic, and the Fraternity, again united, has ever since flourished as it never flourished before. There are still, we be- lieve, one or two Grand Lodges where Past Masters' are entitled to seats as such ; but the general sense of the brethren appears now to be, that they have no privileges but those we have here enumerated. THE WARDENS. In every just and duly-constituted Lodge of Free- masons are two officers, styled respectively the Senior and Junior "Warden. Second only in importance to the Master, a proper understanding and performance of their duties is essential to the welfare of the body. MASONIC JURISPRUDENCE. 117 Doctor Oliver very happily terms them Deputy Mas- ters ; such in reality they are. During the business of the Lodge, and in what is technically termed the work) they are particularly called upon to assist in the preservation of order, and in the due performance of the ritual ; and in case of the death, absence, or inability of the Master, they are authorized and re- quired, in turn — that is, first the Senior Warden, and, in his absence, the Junior Warden — to succeed to all his powers and prerogatives, for the time being. We use the word aU advisedly, because we have frequently heard it urged that the Warden, presiding in the ab- sence of the Master, cannot confer degrees, partly because he has not received the degree of Past Mas- ter, and partly because the Regulations of 1721 pro- vide that, in the absence of the Master, his power reverts to the last Past Master. We cannot write all that might be said in relation to the degree of Past Master, but it will answer our present purpose to say, that its reception is as much necessary to make a Master, as it is that he should have previously served a term as Warden, and that he should assent, in the presence of the brethren, to the questions put to him at his installation. Hence, though a brother should serve as Warden twenty years, and should all that time act as Master, he would not be Master de facto, nor at the close of that term be a Past Master, without 118 PRINCIPLES AND PRACTICE OP a regular election and installation as such, which would include the degree in question. The degree, then, is an absolute necessity to him who would be Master, but not to a Warden temporarily called upon to assume a contingency of his office. The regulation referred to was evidently inserted in the code by mistake, as it contains within itself a flat contradiction of terms: for though it provides that "the absent Master's authority reverts to the last Master then present," yet it goes on to say, "he cannot act until the said Senior Warden has once congregated the Lodge, or, in his absence, the Junior Warden." Dr. Mackey remarks on this question : — ** The regulation is, however, contradictory in its provisions; for if the Mast Master present' could not act — that is, could not exercise the authority of the Master, until the Senior Warden had congregated the Lodge — then it is evident that the authority of the Master did not revert to him in an unqualified sense; for that ofiBccr required no such concert or consent on the part of the Warden, but could congregate the Lodge himself. " This evident contradiction in the language of the regula- tion probably caused, in a brief period, a further examination of the ancient usage; and accordingly, on the 25th of No- vember, 1723, a very little more than three years after, the following regulation was adopted: " ' If a Master of a particular Lodge is deposed or dimits, the Senior Warden shall forthwith fill the Master's chair till MASONIC JURISPRUDENCE. 119 the next time of choosing; and ever since, in the Master's absence, he fills the Chair, even though a former Master be present.' "* But, admitting the Eegulation of 1721 to be still in force, it is evident that the real power in the premises is vested in the Warden : for if he refuse to " congre- gate" the Lodge, then the Past Master would be powerless to do so, and would be without any Lodge to preside over. Such, except in England, is now the general sense of the Fraternity, and we therefore state, as the prerogatives of the Wardens : — 1. The right to assume the Chair in the absence of the Master, and to exercise, while so occupying it, aU the powers that might of right be exercised by him, if personally present. 2. The right to represent the Lodge, in company with the Master, at all communications of the Grand Lodge. The same reasons apply here as in the case of the Master. They are a constituent part of the Grand Lodge, and it is their right, as well as duty, to be present at its communications. It is the prac- tice in the Grand Lodge of New York, and we pre- sume in those of other States, for either of the three (Master and Wardens) to cast the vote of his absent associates, on the principle that every Lodge is enti- tled to three votes. * ** Text-book of Masonic Jurisprudence." 120 PRINCIPLES AND PRACTICE OP 3. The right, after regular installation and one year's service, to be elected Master in any regular Lodge with which they may afl&liate, and which may choose to confer that honor upon them. And this, too, without regard to the period of time that may have elapsed between the close of the term of service as Warden and the election as Master. 4. In some Lodges, the Wardens are allowed to appoint the Deacons, but they are few in number, and the custom is Hkely to become altogether extinct. According to the ritual, the Senior Warden is charged with the superintendence of the Craft while at labor, and particularly with the preservation of harmony by certain acts therein specified. By the same authority, and in virtue of his installa- tion charge, to the Jimior Warden is committed the superintendence of the Craft during the hours of refreshment. From this has arisen the practice — for there is no written law on the subject — of requiring that all complaints against the brethren for infraction of our laws should be presented to the Lodge through him. This custom is now becoming general, and is every way to be commended ; for if he is responsible for the proper conduct of the Craft while under his charge, when at refreshment or during the recess of the Lodge, it is but fair that he should present all complaints against them for infractions of the law MASONIC JURISPRUDENCE. 121 oommitted during that time. It was the custom, within our experience, for the Junior Warden to per- form the duty now assigned to the Senior Deacon, in the admission of visitors and the reception of candi- dates ; and we recollect, too, that in some Lodges we have visited, the "Wardens had truncheons, instead of columns. How the change has been brought about, we cannot say. In the French rite, the Wardens sit together in the West, and each has beside him one of the large columns, and, technically, the brethren on either side of the hall, under their superintend- ence, are said to be their columns. In the absence of the Master, the Senior Warden succeeds to his place, but it does not follow that the Junior Warden thereby proceeds to occupy the Se- nior Warden's vacant station. The Junior Warden has certain well-defined duties, which, by his installa- tion, he is bound to perform ; among these is no pro- vision for his occupancy of a higher station, save in the absence of both his superiors, when he proceeds to the East, and becomes acting Master. When, in the absence of the Master, the Senior Warden as- sumes the Chair, the prerogative of appointment vests in him, and he proceeds to fill his own vacant station by the appointment of a Senior Warden pro tern. Finally, in the absence of the Master and Wardens, 6 122 PRINCIPLES AND PRACTICE OF it is now held that the Lodge cannot be opened, be- cause there is no one authorized to congregate the brethren. We have ahready shown that, even if we admit the power of a Past Master to preside, he can- not do so until one of the Wardens has congregated the Lodge, and that is a power they cannot delegate. The Wardens cannot resign; and in case of a vacancy in their offices, by death, suspension or expulsion, no election can be had to fill it, until the " regular time of choosing." They cannot resign, for the same reason that governs the Master, and, in fact, all the elected officers of the Lodge, because at their installation they have voluntarily promised to faith- fully discharge the duties of their stations for the term of one year ; to resign, would be to set this promise at naught, besides making the Lodge a party to the violation of a phghted word, and subjecting it to great inconvenience. Moreover, it is the preroga- tive of the Master to fill such vacancies by temporary appointments — it being understood, as a matter of course, that the brethren so appointed would exercise no powers, save that of assisting the Master during the meeting for which they might be appointed. Li case of a session of the Grand Lodge, these appoint- ees would not be representatives, but the Lodge would lose nothing thereby, for, as already said, the Master would cast the votes of the absent Wardens. MASONIC JUEISPKUDENCE. 123 THE TREASURER. In the thirteenth of the Regulations of 1721, it is suggestively required that " the Treasurer should be a man of good worldly substance ;" and this, although referring to the Treasurer of the Grand Lodge, would seem to apply with equal force to the corresponding officer in a subordinate one ; for there is no trust connected with the Lodge business which, as a gen- eral thing, is so well understood by the brethren as its financial concerns. "With greater tact, however, than the ancients, we do not now so much regard worldly substance as uprightness and sterling honesty of character, which are considered better security than mere wealth, especially as the Lodge, not being recognized in law, there is no legal remedy against a delinquent Treasurer. The Lodges in this country give with a liberal hand, when a case of actual dis- tress is brought to their knowledge ; they take delight in real jewels, and expensive furniture and clothing ; the consequence of which is, that the Treasurer is rarely overburdened with such an amount of money as to be Hkely, even if poor, to forfeit the reputation of a Hf e-time by yielding to the temptation of appro- priating to his own use the contents of the Lodge treasury. But even the comparatively small balance which, as a general thing, stands to the Lodge credit, 124 PRINCIPLES AND PRACTICE OF is not left wholly to the keeping of the Treasurer, but, through the agency of Trustees, is placed in some public institution, where, in case of need, it may be called for, with a tolerable certainty that it will be forthcoming. The office of Treasurer is of modem date, as may be seen from the fact, that so late as 1723, it was required that an Apprentice, at his making, should give something to be used for charitable purposes, which amount was to be taken in charge by the Mas- ter or Wardens, or the CasTiier^ if the members saw fit to appoint one, — the office being evidently of a temporary nature, and the Cashier to be appointed or not, as the brethren saw fit. Since that time, how- ever, the importance of the office of Treasurer has so much increased, that he ranks immediately after the "Wardens, and in English Lodges is the only officer, except the Master, required to be elected by ballot. His duties are fully set forth in the Installation Charge, and are entirely connected with the Lodge finances. Under the general rule, that the elected officers cannot resign, no vacancy can occur in this office ; but, in some jurisdictions, the Grand Lodge Kegula- tions allow any officer, except the Master and Ward- ens, to vacate their offices by resignation. In such cases, the local statute will necessarily govern. Of THE ^ Of / MASONIC JUEISPRUDENCE. 125 THE SECRETARY. We regard the office of Secretary as, under our present organization, one of the most important in the Lodge. Like that of Treasurer, it can only be said to date from the revival of Masonry in 1717, the desultory manner in which Lodge meetings were held previous to that time requiting no minutes, and therefore no Secretary: in Article III. of the Old Regulations, to which we so frequently refer, there is, however, a provision for the appointment of some brother to keep, among other books, one in which shall be aU the transactions proper to be written. This sufficiently describes the duty of the Secretary to show that, when Lodges assumed a regular organ- ization under "Warrants, his office became necessary to the preservation of the Lodge history and the prevention of confusion in its labors, and it is par- ticularly on this ground that we consider him an im- portant officer. The Lodge records are its current history, and, if well and neatly kept, ought to be a source of pride to the Lodge and of satisfaction to the Secretary, who should bear in mind that the lines he traces will live when the hand that made them is forgotten ; that his children's children, grown to old men, may look upon his handiwork, and be grateful that, through it, the remembrance of the Lodge and 126 PRINCIPLES AND PRACTICE OP those who had guided its progi'ess had been pre- served. We have examined the minutes of some of our old Lodges (still in existence), written more than a century ago, the paper tui'ned yellow and the ink brown, but the language famihar as though inscribed but yesterday, and it has seemed that the very letters were links binding us with the past, and proclaiming the abiding and imperishable nature of our institution. It would, then, be well for every Secretary of a Lodge to feel as if, in writing his minutes, he were making history — carving, as it were, with his pen, an imfading record of his Lodge and himseK. La the discharge of his duties, which are purely clerical, he should exhibit order, neatness and punctuality. By this, we mean that he should have not only a place for every thing, but a regular system of doing business ; avoiding the slovenly fashion of writing his minutes on odd scraps of paper, to be found or not when needed, as the case may be ; the use of hieroglyphics that none but himseK can read ; the bad habit of entering his minutes on the final record, as the events occur, without waiting for the confirmation of the Lodge, and thus incurring the risk of erasures and interlineations, just as much out of place there as they would be in a merchant's leger ; the trouble-breeding habit of trusting to memory — which is always sure to desert him when its services MASONIC JUKISPRUDENCE. 127 are most needed — ^particularly with reference to the collection of money. All the money of the Lodge necessarily passes through his hands : he should not only enter the amount received, in his cash-book, at the time, but he should also give his receipt for it, taking care also to exact a receipt from the Treasurer when he pays the funds over to him. It has been frequently urged in our presence that among Masons there should be no receipts exacted or given, which might be correct, if Masons were perfect ; but as they are not exempt from the ordinary failings of humani- ty, it follows that the best-intentioned will sometimes make mistakes. Now, there is scarcely any mistake about which it is so difficult to con\dnce a man as one in which the payment of money is involved. It is far from unfrequent for a member to insist that he has paid dues for a certain time, while the Secretary, finding no corresponding entry on his books, holds the opposite opinion with equal tenacity ; ill feeling is often engendered, and a lurking suspicion soon finds a place in the hearts of the disputants ; all of which may and should be prevented by the presenta- tion of the Secretary's receipt, given at the time of payment. It is customary, in the various foreign rites, to ap- point an officer, known as the Keeper of Seals and Archives, who takes charge of all documents relating 128 PEINCIPLES AND PRACTICE OP to the Lodge or its aflfairs, and who has also the Seal, which he alone is authorized to apply to all papers emanating from the Lodge or the Secretary. Among us, however, the Secretary has custody of the seal, and its application to the documents ordered by the Lodge is a prerogative of his office. Finally, we find the duty of the Secretary correctly summed up in the maxim, " That it does not so much matter what the Lodge does, as what the Secretary records." He is to observe the will and pleasure of the Worshipful Master, and keep a just and true ac- count of all things lawful to be written. THE DEAC01V8. There seems to be some question as to when the functions of the officers in Lodge, whom we style Beacons, were first made a part of our ritual. Dr. Oliver appears to think their introduction as com- paratively modern. One thing is certain, which is, that the part of the ritual assigned to the Senior Deacon is becoming greatly extended, and that, by apparently common consent, he now performs duties formerly devolving on the Junior Warden. The method of their appointment varies in different local- ities : in some, the Lodge elects ; in others, the Master appoints ; and, again, in others, the Master appoints the Senior, and the Senior Warden the Junior Deacon. MASONIC JURISPBUDENCE. 129 With their duties in the services of the ritual, we have nothing to do here ; their remaining ones are principally to act, — the Senior Deacon as the proxy of the Master, by carrying messages for him about the Lodge, as desired ; and the Junior Deacon, in a like capacity, for the Senior Warden. The Senior Deacon is placed at the right, and near the Master, that he may be ready to attend to his commands whenever issued. The Junior Deacon takes his po- sition at the right of the Senior Warden, and is spe- cially charged with the supervision of the outer door ; it being his province to see that none pass or repass without the needful permission. The distinguishing feature of the Senior Deacon's office is, that it de- volves upon him the reception of visiting brethren ; and we here trespass on the good-nature of the reader to express a thought or two, which occur to us in this connection. Among the first things a brother does, on going to a strange place, is to ascertain the time and place of the Lodge meeting, and one of the plea- sures he enjoys by anticipation is that of communing with the brethren in their Temple. Knowing this to be the case, it would naturally be supposed that the rites of hospitality would be administered with un- usual grace; that the amenities of such occasions would be found attending the visiting brother, from the announcement of his name till he is prepared to 130 PRINCIPLES AND PRACTICE OP go forth again to the outer world. In Europe, such is the case, and Eui'opean Masons in this country are generally distinguished for the affabihty with which they receive and greet a visiting brother. But in American Lodges, the case is too often widely differ- ent, and the contrast does not place us in the most enviable light. When, among us, a visitor is an- nounced, he is received, if a distinguished brother, with all the formal honors due to his position, but rarely anything farther ; if merely a lay brother, he is, if known or vouched for, admitted, but is allowed to find accommodations as best he may ; if the badge of labor be absent, he is very likely to be promptly admonished of that fact by the Master, as he will also be, if he omit any portion of the ceremonial ob- servance depending on him, which is correct enough, but sometimes sadly embarrassing to a young Mason, to a timid one, or one who essays for the first time to put into" practice the inculcations of the ritual. We need a Httle more pohteness — a larger degree of that suavity which makes a bashful man feel at ease, and warms the heart of the stranger as though he were meeting with old friends. When a person calls upon us, at our house, we receive him in the best room, lead him to the best place in it, and make it our business to know that he is as comfortable as it is in our power to make him. When we go abroad, MASONIC JURISPRUDENCE. 131 we expect similar attentions, and we mentally write that man down for a boor who is so far unacquainted with the customs of society as to neglect them. Now, the lodge-room is our Masonic home, and the polite- ness that we feel called upon to exercise in the do- mestic circle, ought to be equally manifest there. We should endeavor to make the visitor feel that we are glad to see him, glad to have him participate in the pleasant moments of our gathering, make him so enjoy his visit, that he will gladly seek an opportunity to renew it; that, at least, he will remember with pleasure his call at our assembly. AU this can be done in the legitimate exercise of the functions of the Senior Deacon ; and it is worth while for that officer to seek distinction, not only for his prompti- tude in obeying the orders of his superior, but also for the geniality of his reception of visiting brethren. THE STEWARDS, or ISiSTERS OF CEBEiHOlllIES. In the olden times, it was customary for Lodges to terminate their assemblies by a season of social en- joyment. In England, where the custom originated, it still prevails, and is commonly referred to as the " Knife-and-Fork degree." Less than half a century ago, the American Lodges considered their meetings incomplete without the table were spread in the ante- room, and the brethren furnished an opportunity to 132 PRINCIPLES AND PRACTICE OP refresh themselves before departing for their homes. The wealthier Lodges had a regular commissariat, bought their stores at wholesale, and were always prepared to call from labor to refreshment, in the actual sense of the word ; relics of which custom may still be met with in the shape of brightly-poHshed coffee-urns, inclosed in glass, and suspended on the North wall of the Lodge-room. Among a people who push things to such extremes as we do, conviviality must necessarily be abused, and that it was so, even when it flourished, we find from the songs pubhshed for use on those occasions, among which are several containing sneering allusions to those " who only go to Lodge to eat and drink." The practice, we are happy to say, has now fallen into disuse ; the senti- ment of the Craft is against it ; and, that it may not be renewed, some at least of the Grand Lodges have forbidden by statute the introduction into the lodge- room or its precincts of any refreshment but water. In those days, the Stewards were officers of great importance, being charged, as the name impHes, with the duty of procuring the suppKes and dispensing them to the brethren as occasion required. Li addi- tion to the principal duties of their office, they w^ere also required to assist the other officers in the recep- tion of visiting brethren, in the ceremonies pertain- ing to the several degrees, and in the dispensation of MASONIC JURISPRUDENCE. 133 the Lodge charities * The office is still nominally retained in a majority of all the Lodges working in the so-called Yorh rite^ but in some jurisdictions the name of Master of Ceremonies is substituted, and it is probable that at no distant day that will become the accepted title of the officers in question. With the change of name, there has been some change in the routine of their duties. They do not nowjnake any preparation for refreshments, nor do they have any- thing to do with the collection of dues, that being entirely in the hands of the Secretary, but in the reception of visitors and candidates, they are of great importance. Our remarks on the attention to visit- ors, in the preceding section, will apply with equal force to these officers : their polite attentions and fraternal greetings on such occasions will rarely fail of appreciation by those to whom they are addressed ; so, too, with candidates : if the duties of the Masters of Ceremonies are discharged in a courteous and * In the Webb installation sernce, (edition of 1816,) the duties of the Stewards are defined to be, *'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 ; and generally to assist the Deacons and other officers in performing their respective du- ties." Nothing is said of Masters of Ceremonies, which fact suffi- ciently demonstrates that the change of name is one of extremely modern invention. 134 PRINCIPLES AND PRACTICE OF kindly manner, the effect to be thereby produced on the mind of the novice will be correspondingly favor- able ; and, from this point of view, it is clearly the duty of the Master, in the appointment of these officers, to select brethren who by their manners are capable of inducing a favorable opinion of the Lodge in whose behalf they act, and of the Fraternity in general. THE TTLER. This is one of the four indispensable officers of a Lodge, and one whose functions and responsibilities have undergone no change.* He is generally, except where the By-laws provide a different method, ap- pointed by the Master, and, from the necessities of his position, takes no part in the business of the Lodge, and is not required to be a member of the Lodge for which he acts. The very first duty of the brethren, when about to commence their labors, is to be certain that the Tyler is at his post ; for without that certainty, no labor could be felt to be secure from the interruptions of cowans and eavesdroppers. He is the sentinel on the outposts, upon whose sleep- less vigilance we depend for security. But while he is to be cautious and vigilant in preventing the ap- * Except, perhaps, in the spelling of his title — Ti-ler — a mod- ernism against which we respectfully protest. MASONIC JURISPRUDENCE. 135 proach of those who have not the necessary qualifi- cations, he should also be courteous in his demeanor to all who may have occasion to address him. Po- liteness is not an expensive commodity, and every Tyler may, therefore, provide himself with an abund- ant supply, and find his profit in using it freely. The notion, which some Tylers we have met with seem to entertain, that it is a portion of their duty to imitate the fabled Cerberus, is a fallacy that ought to be exploded. "We have read of an executioner, who took off the heads of his victims with the most winning affability, and we know of no reason why a Tyler should be any more gruff than an executioner. Let him, if he will, imitate the conscript, who refused to allow the Emperor to pass without the countersign, but let him do it in a becoming manner, suffering none to pass without permission, but not acting as though he were bound to regard every one approach- ing him as desirous to pass his station at all hazards. The Tyler is generally required, in addition to the duty of guarding the outer door, to serve all notices and summons, to take care of the jewels and imple- ments against next preparation night, and in all things to be guided by the will and pleasure of the "Worshipful Master. 136 PRINCIPLES AND PRACTICE OF « OTHER OFFICERS. The officers above enumerated are all that, strictly speaking, can be said to be required in a Ma- sonic Lodge, or to have any real official status in it ; but while these are necessary to make a perfect Lodge, it is left to the discretion of the brethren to name others, which is, in most cases, done to give a quasi official station to some brother or brethren whom the Lodge desire in that way to honor. Thus, when a minister of the Gospel is initiated in or affil- iates with a Lodge, it is not uncommon for the Mas- ter to appoint him Chaplain^ and place in his charge the religious ceremonies of the society. There is a propriety in this that commends the practice. The prayers and invocations of the ritual are more solemn and effective when pronounced by one who is known to have received holy orders. We may even go fur- ther, and say that, when it is possible to secure the services of such a brother, it ought always to be done ; it being understood that if he really love Ma- sonry, he will, in the discharge of his duties, exem- plify only " that Eeligion in which all men agree," leaving the particular opinions of the brethren to themselves. For similar reasons, we have known a brother to be appointed Pliysidan to his Lodge. We could MASONIC JUKISPRUDENCE. 137 never imagine any Masonic reason for the crea- tion of such an office, except, perhaps, that his professional talents might be called into operation in the examination of the physical qualifications of candidates. Some Lodges appoint a llarshal, who is to take charge of all processions and public ceremonials of the Lodge. If these occasions were of frequent oc- currence — as, happily, they are not — it might be well to have an officer who would make himself competent to officiate ; but as it is, when Lodges do appear in pubHc — as at a funeral, for instance — a temporary appointment seems to answer all the requirements. The Board of Trustees, though not really officers, but rather a kind of standing committee, occupy most important relations to the Lodge, particularly when, by a long and successful career, its funds and prop- erties have accumulated to a considerable amount. Lodges, under our civil law, not being incorporated, are not recognized as having a legal status, or the rights that ensue : hence, they cannot acquire or dispose of real estate, or invest their funds, except through the agency of Trustees. It is, therefore, of moment that not only should such a Board exist, but that it should be composed of prudent and discreet brethren, who will appreciate the confidential nature of the trust reposed in them, and be governed not 138 PRINCIPLES AND PRACTICE OF only by a high sense of honor, but by a desu*e to forward the best interests of their Lodge. The first and strongest claim upon the capital of a Masonic Lodge is that of a worthy brother in distress, or that of his widow or orphans in destitute circumstances. Money for such a purpose loses its ordinary charac- ter, and becomes a trust, sacred as the fires of Vesta, and he who wrongfully appropriates or carelessly administers it, acquires, at the same time, the con- tempt of every right-minded Mason. It is usual for the Lodge property to be placed in the custody of the Trustees, and they also receive and invest, as the Lodge may direct, all its surplus funds. The manner of their appointment and their tenure of office depend altogether upon the By-laws of the Lodge. SECTION XL -ELECTIONS. Of the officers named in the preceding section, the Master, Wardens, Treasurer, and Secretary are, as a general rule, required to be elected by ballot. The others are elected or appointed, as the Constitution of the Grand Lodge may permit or the By-laws direct. In England, only the Master and Treasurer are elected by ballot, the remaining officers, except the Tyler, being appointed by the Master. The elections are required to be held annually, at MASONIC JURISPRUDENCE. 139 such time as may be prescribed by the Eegulations of tlie Grand Lodge ; generally at tbe stated commu- nication next preceding the festival of St. John the Evangelist (27th of December), though in some cases on the day of the festival itself, and the installation must either take place at once, or within some rea- sonable period thereafter. Until such installation takes place, it is a settled rule that the old officers hold over, the installation being the completion of the election, and the contract — so to speak — on the part of the officer not only to accept the election, but faithfully to discharge the duties of his office for the term of one year, or until his successor has fulfilled the like conditions; for which reason, as we have already stated, an installed officer cannot and ought not to resign. It is doubtful whether there is any law for this, older than the present century, but it is a regulation universally sanctioned in the United States, and it has, therefore, all the force of a Land- mark. Should a Subordinate Lodge, from any cause, fail to comply with the Grand Lodge Eegulations, as to the time of election, it has no authority within itself to correct the default, but must apply to the Grand Master or his Deputy for a Dispensation to authorize an election at a time other than that specified in the Constitution. 140 PRINCIPLES AND PRACTICE OP At every election, each member of the Lodge in good standing is entitled to one vote. On this point, two questions have been extensively argued : — Ist, Who is the judge, and what is good standing, so far as it is applicable to voting at an election for officers? and, 2d, Are blank ballots, cast at such an election, votes? These questions are of sufficient importance to warrant their examination in this place. It is held, by one side, that a member is in good standing for all purposes, so long as his name remains upon the roll, or so long as he has not, after due trial, been suspended or expelled for immasonic conduct : and by the other — with which we agree — that a Lodge has a right to inflict a lesser penalty than suspension for a delinquency that may be provided for in its By- laws. It is admitted that a Lodge has a right to re- quire the payment of an annual sum (called dues) by each of its members, the amount of which, and the manner of its payment, is of necessity left to the Lodge. In Lodges where such dues are exacted,* it is now the common practice to insert a clause in the By-laws, depriving those in arrears for a specified period of their votes at elections for officers, until such arrearages have been paid. Now, we cannot understand why, if a Lodge has the right to enact a * In Khode Island, and, we think, Connecticut, the members of Lodges are not required to pay dues. MASONIC JURISPRUDENCE. 141 By-law requiring the payment of dues, it should not also have the right to punish, by a reasonable penalty, a neglect or refusal to comply with the law. Every Master Mason is informed at his raising that, after signing the By-laws, he will be considered a member in good standing, entitled to all the rights and privi- leges of the Lodge, and subject to all its rules and regulations. The Lodge here evidently reserves the right to judge of his good standing in the future by putting him in mind of his obligation to " stand to and abide by" the rules and regulations. He signs the official copy of the By-laws, in token of his assent to their provisions, and of his intention to maintain them ; he is furnished with a copy, (and if he does not read it, the fault is his,) and thus he is fairly held to know them, (just as, in the State, every citizen is assumed to know the law, and cannot plead ignorance of it as a justification of its infraction,) and to accept of certain privileges — among which is the right to vote — on condition of the performance of certain acts by him. It is, therefore, submitted that, in all fair- ness, a member who fails or neglects to pay his dues as required by the By-laws, violates a promise volun- tarily given by him, and has no right to complain of the enforcement of a penalty, which he had likewise agreed to in advance, and the disability accruing from which can be removed at once by the payment 142 PRINCIPLES AND PRACTICE OF of a sum justly due. It will be understood, as a matter of course, that where the non-payment arises from positive inability, it would not come within the terms of the regulation, because it would then be neither refusal nor neglect. The right to vote for the officers of a Lodge is evidently a household mat- ter, and, strictly speaking, concerns only the members of the particular Lodge : it is but just, therefore, that they should control a subject in which they alone are directly interested. The ballot for candidates is widely different : in that case, it is a landmark that every brother present should give his consent, and no By-law can change a fundamental law ; but the rules governing the elec- tion of officers, being of modern date, are subject to no such restriction. For these reasons, we are of opinion that the Lodge is the judge of the qualifica- tion of its own voters, and that a brother who has willfully neglected or refused to comply with the By- law which requires the payment of arrearages as a qualification to vote at an election for officers, is not a quaUfied voter, and, to that extent, not in good standing. Secondly. Are blank ballots, cast at an election for officers, votes? We think they are, and our reasons are few, and easily comprehended. Let us first ex- plain that, by a ballot, we understand a sKp of paper, MASONIC JURISPEUDENCE. 143 when the election is for officers ; when it is for candi- dates, we use the same word to signify white and black balls, used for the purpose of voting. A ballot represents a brother's vote, which is the expression of whatever opinion he may entertain, and which he has a right to express without let or hindrance. Every quahfied voter is entitled to one vote, and the successful candidate must have a majority of all the votes cast. Now, suppose an election about to take place, the first thing is to ascertain the number of voters, suppose we say twenty, of which eleven would of course be necessary to the success of any candi- date. The roll is called, and every brother having deposited his ballot, the tellers announce twenty votes ; they proceed to canvass, and find that John Smith has ten votes, WilHam Brown nine, and that there is one blank. Under these circumstances, there could be no election; for no one could be said to have received a majority of all the votes cast, nor could the brother who deposited the blank ballot be lawfully deprived of his franchise : he had a right to vote as he pleased, and because there was no name on the sHp of paper used by him, it was none the less his vote, and had been formally deposited by him as such. Suppose that, instead of an absolute blank, he had written the name of Mary Smith upon it ; there would then be no question as to its being a 144 PRINCIPLES AND PBACTICE OF vote ; yet Mary Smith could not, by any possibility, be a candidate, and a vote for such a personage would be just as much a vote thrown away, as a blank would be. Take another view : Suppose Smith to have re- ceived eleven votes, and blank nine. Could it be pretended that Smith would be unanimously elected? Certainly not ; for there would be nine voters, who, although they did not choose to vote for any one else, clearly did not vote for him, and yet the expression of their opinion could not be ignored. The true rule is, to ascertain the whole number of votes cast, and then require the successful candidate to have received a majority of that number, whether the minority be blanks or otherwise. When, on a question pending, the vote is taken by ballot, blank ballots are always counted as in the afl&rmative. It is held that, as nominations for office are permit- ted in the Grand Lodge, by analogy, it is proper to nominate in the subordinate. As there is no law against such a practice, there is nothing to prevent it but the good sense of the brethren, which, so far as our experience goes, has prevailed, though we know there are jurisdictions where the practice of nomina- tions is common. To our mind, the idea of making open nominations for the officers, at an election in a particular Lodge, is utterly repugnant — at complete variance with that calm dignity which ought to char- V MASONIC JURISPRUDENCE. 145 acterize all the proceedings. It reduces us at once to the level of the ordinary associations of men, and divests us of an attribute to which we ought to cling with immovable tenacity. Moreover, it is a practice for which necessity cannot be urged. The custom of caUing off for a few moments, previous to depositing the ballots, affords an opportunity for consultation, and then, labor being resumed, the silent ballot is more in accordance with the spirit of the Craft than a resort to the practices of the outside world could be. We have been present at a great many elections in Subordinate Lodges, but never yet at one where open nominations were made, and it appears to us that such an act would shock our idea of the propri- eties of such occasions. We earnestly hope that no Lodge will commence the practice, and that those that have been accustomed to it will see the propriety of its speedy abandonment. Much has been written to prove that a brother elected or appointed to oJB&ce is bound to serve. It is sufficient to say, that there is no law for such as- sertion, but that every Mason is free to accept office or not. When, however, a brother has been chosen to aid in the labors of the Lodge, in any station for which his capacities fit him, he ought, if possible, to accept, and thus prove that he has its weKare at heart. 7 146 PRINCIPLES AND PRACTICE OF The results of an election should be immediately communicated by the Secretary to the Grand Secre- tary, under his official seal. Elections are always to be held in a Lodge opened on the third degree. In some Lodges, the Treasurer and Secretary are required to receive and canvass the ballots ; but it is a better rule to appoint tellers from among the breth- ren, leaving the officers to occupy their respective stations. ^ SECTION m.- INSTALLATION. The ceremony of installation, which, as we have already remarked, is the completion of the election, is, therefore, indispensable to the officers elect ; for without it they cannot legally enter upon the duties of their respective offices. For this reason, it should be performed at the earliest convenient time after the completion of the balloting. The act of installation, as wiU be seen by reference to the Manucdy consists of the presentation of the officers elect to the installing officer, on whose demand the brethren acknowledge that they are the persons elected, and that they (the brethren) remain satisfied mth their choice. (This is the proper time to make objections, if any are to be made, against any irreg- ularity that may have occurred on the balloting ; for MASONIC JURISPRUDENCE. 147 it is held tliat if the installation be allowed to proceed without objection, it will then be too late to make complaint.) In a covenant by the officers elect, faithfully to discharge the duties of the several trusts for the term of their election. In the pubHc ac- knowledgment by the Master elect of his acceptance of and submission to the Charges and Eegulations, as Masters have done in all ages before him. In an appropriate Charge to the Master and each of the officers. And, finally, in rendering homage and due respect to the new officers. All these ceremonies, except the qualification of the officers, may be performed in public; and we speak from much experience when we say, that the effect of such a course, where properly conducted, is always beneficial — as tending to convince the world that the duties and responsibilities exacted of our officers are of a nature to be commended ; that we seek to maintain no greater secrecy as to our pro- ceedings than is necessary to preserve the institution from innovation ; and, as having a tendency, by re- quiring the officers to assume their trusts in the presence of their families and friends, to impress with greater force upon their minds the serious nature of their undertaking. PubHc intallations may be enlivened with appropriate music, and should be accompanied by an address, in which the nature and 148 PRINCIPLES AND PRACTICE OF design of Freemasonry and other kindred subjects may be treated. It is the province of the retiring Master to install his successor, but he may, if he please, delegate this power to any Past Master, but not to any brother of inferior rank ; or, if desired, the new Master, after his own installation, may install the other officers. There are some who hold that, in case of reelection, no installation is needed ; but when we reflect that the election and the covenant are for a specified term, we must admit that, with the close of the term, the obhgation ends, and that, therefore, a new election, beginning as it does a new term, requires a new covenant and a corresponding installation ; nor do we appreciate the assertion that a man cannot be his own successor ; for he commences the new term just as any other person would, or just as if he had never occupied the station before. We apprehend that where a President of the United States or the Gov- ernor of a State is reelected, he is required to again assume the oath of office, as though he had never been inaugurated before, and the cases are exactly parallel. There are some jurisdictions where installation is allowed to be assumed by proxy. The majority of Grand Lodges are, however, averse to such proceed- ing ; and we do not see how a man can t^e upon MASONIC JURISPRUDENCE. 149 himself an obligation by the lips of another, or how he could be legally held for the infraction of a vow- he had not personally pronounced. Immediately after the installation, the retiring officers transfer to their successors all the books, money, and property of the Lodge that may have been in their possession. %.o Of CHAPTEE V. The assemblies of a Lodge, teclmically termed COMMUNICATIONS, are of two kinds — cdlled and stated. Called meetings, or meetings of emergency, are entirely within the discretion of the Master, or of the Warden acting in his absence, as to time, but they are required to be held at the place usually occupied by the Lodge. As a general rule, no business can be transacted at such meetings, except that stated in the summons or call ; but there are some things that cannot be done there, even if mentioned in the summons: as, the presentation of petitions for initiation or adjoining ; the appointment of commit- tees to act on such petitions ; the ballot on report of committees of investigation, previously appointed at a stated communication ; the dispensation of charity, or any other disposal of the Lodge funds. This last item, and perhaps some others, may be considered in a called Lodge, but they can only be finally and law- fully acted upon at a stated communication. Li like manner, the minutes may be read and corrected, if necessary, but they can only be confirmed at a fol- MASONIC JURISPRUDENCE. 151 lowing regular assembly. The legitimate action of a called meeting may, therefore, be said to be limited to, the conferring of degrees on candidates previ- ously regularly elected, the giving instruction in the work and lectures, and the public ceremonials of the Craft, as Dedications, Installations, and the burial of the dead. Stated meetings are the regular assemblies of the Lodge at the time and place named in the Warrant, and more particularly specified in the By-laws. They should occur at least once in each calendar month, and not more than twice in the same period of time. We are aware that some of the finest and most flour- ishing Lodges hold weekly communications ; but we think that, all things considered, it will be found wisest not to make too frequent calls upon the time and attention of the members, lest, in the end, they weary of a pleasure too frequently enjoyed, and little by little lose their interest in the Lodge and in the institution. It is difficult to maintain the interest in weekly meetings, except by a constant succession of " work," which is wearisome to the officers and dan- gerous to the Lodge ; for there is less likelihood of careful examination into the qualifications of candi- dates, and of due proficiency before advancement, where the staple attraction is the conferring of de- grees, for which other and more important matters 152 PRINCIPLES AND PRACTICE OF must, almost, of necessity, be sacrificed. Let us not be misunderstood : we do not assert that such is al- ways tlie case, but that it is so, sometimes, we know ; that it may be so frequently, there is danger. One evil alone that grows out of weekly meetings, more than counterbalances all the good to be expected of them, and that is, the reception of a petition at one meeting, and the report of committee, ballot for, and initiation of a candidate at the next ; or with the lapse of only seven days between the petition of a candidate and his actual initiation into the Frater- nity. We know that this is done in New York, and it is within the letter of the Constitution, but it is so near making Masons at sight, that the difference is hardly worth mentioning. Anything less than a month between the petition and the ballot is a viola- tion of the Old Kegulations; and although Grand Lodge Constitutions may permit an abbreviation of that time. Lodges should, for their own safety and stabihty, waive the privilege, and act upon the old law. They will be the better enabled to do this, by having their stated meetings less frequently than once a week. Finally, if it is thought indispensable to hold weekly meetings, let the first one in each month be the stated communication, devoted to the legislative business of the Lodge, and the others, special meetings for the conferring of degrees and MASONIC JURISPRUDENCE. 163 exemplification of tlie work and lectures ; both the business and work would thus stand a chance of being well done, and the value of the maxim, that " Masonry is never in a hurry," be made manifest. The first business at all meetings, after the con- gregation of the Lodge, is, of course, the formula of opening, which we take occasion to say should never be performed in a slovenly manner, nor hastily slur- red over, but given in ample detail, for the benefit of the uninstructed brethren, and for the credit of the Lodge and its officers. The introduction of music in this, as well as in other appropriate portions of the ceremonies, is, in our judgment, to be highly com- mended. When well performed, either by the united voices of the brethren, or with the accompaniment of an organ or harmonium, it seems to predispose the mind to the exercise of those qualities that ought especially to distinguish the assembhes of the Craft. There are those who object to it, because it is made the means of introducing some inelegant doggerel, but we are inclined to regard the sentiment, rather than the versification of what we sing : if the idea sought to be inculcated is correct, and the music good, the rhyme is of small consequence. There is a practice in many Lodges of calling the roll of officers immediately after the Lodge is declared open, which, although it has no legal sanction, is 154 PRINCIPLES AND PRACTICE OF nevertheless not without its use as an inducement to those brethren to be promptly at their stations, that they may answer when called, and by their example lead the members generally to be punctual in their attendance. The business of the meeting always commences by the reading of the minutes of the last stated com- munication, and of those of any special meeting that may have intervened, that the latter may be approved, and that the Lodge may be governed by the former as to any unfinished business requiring its attention, as reports of standing or special committees, or any other item of Lodge business. Li this respect, the qualities of a good Secretary will at once be mani- fested by the orderly arrangement of the various topics that may have been acted upon at the previous communication. Some Secretaries write their entire minutes in one paragraph, as if the economy of half a sheet of paper that might be consumed in properly displaying them would materially affect the Lodge revenues. Properly, each item should form a sepa- rate paragraph, and when one is finished, a blank line should be left before commencing another. A wide margin is also to be recommended, that brief notes may be written opposite the important para- graphs, to indicate their tenor. The object of these marginal notes is, to enable the Secretary or others MASONIC JURISPRUDENCE. 165 to discover the record of any particular circumstance without being obliged to read through the whole body of the minutes. Brevity — that is, so much as is con- sistent with clearness — ought to be the aim of the brother who writes the minutes ; neatness and system in their arrangement always attract commendation. At the bottom of the last page of the minutes of each communication should be entered, in fuU, the names of all brethren who have paid money to the Secretary, and opposite to their names the amount so paid, as also the items of disbursement ordered by the Lodge. These items, when so entered, are convenient for reference ; and after having been read to and ap- proved by the Lodge, are vouchers of the Secretary's correctness. Finally, the Master is to observe that the record is correct, both as to what is written and what is omitted, before he allows it to be confirmed. After the reading of the minutes, the proper oppor- tunity is afforded for the admission of visitors, as it can then be done with less interruption to the pro- ceedings, than when the Lodge has entered upon the transaction of its regular business. No alarm should be attended to during the ceremony of opening or closing ; during the reading of the minutes ; while a brother is addressing the Lodge, or while the Master is engaged in conferring degrees; nor should any countenance be given to the practice of entering or 156 PRINCIPLES AND PRACTICE OP retiring from the Lodge dining the most solenm paxt of the ceremonies. A proper respect for the Master and the proprieties of such occasions ought in them- selves to be a sufficient restraint ; but when they fail, the authority of the Master should at once be inter- posed. Visitors may, of course, be admitted at any time, if the Master choose to allow it ; but it is better for all concerned that brethren should be at the hall at the time appointed for the opening, in order that they may be examined, if necessary, and admitted at an early period of the communication. Behavior, in the Lodge and out of it, is so fully treated in the sixth of the Ancient Charges, that we need do no more in this place than refer to that authority. The method of voting depends upon the subject on which the vote is to be taken : thus, in elections of candidates and officers, ballots are used, which, in one case, are slips of paper, on which the voter writes his preference, or which he leaves blank ; in the other, white and black balls, the white being used to signify the affirmative, or consent ; the black, the negative, or rejection. On all other questions, the vote is usu- ally taken by uplifted hands, which, if required, the Deacons count. Much argument has been wasted in the attempt to demonstrate the proper hand to be aplifted — some inclining to the right ; others, with MASONIC JUBISPRUDENCE. 157 equal plausibility, to the left. We have never been able to perceive that it makes any difference which hand is used. Much of the Lodge business is performed, in its details, by reference to committees. Committees are of two kinds — standing and special. Standing com- mittees are usually appointed on electioii night, and serve for the official year — the purpose of their ap- pointment being indicated by the By-laws. Special committees are named as occasion may require, and are generally discharged when the particular item of business placed in their charge is disposed of. All committees are appointed by the Master, unless he waive the right. It is the custom for the brother first named in the appointment of a committee to act as Chairman. Reports of committees should always be reduced to writing, not only to avoid any misun- derstanding as to their sentiments, but for the con- venience of the Secretary and that of the brethren. All members of committees are in honor bound to the faithful discharge of the trust imposed on them, and should make their report with all proper exacti- tude and dispatch. In the discussions that sometimes arise in a Lodge it is, as we have already shown, the prerogative of the Master to mark the limits of debate, and keep the brethren within them. Few men, however, aro 168 PRINCIPLES AND PRACTICE OP gifted with the powers of discrimination necessary to the exercise of so difficult a supervision, and, there- fore, some rules are sought for which shall suffice to keep the debate within due bounds, and their ob- servance be at once a restraint on the brethren and an assistance to the presiding officer. The mind thus naturally reverts to what is termed " Parhament- ary law," and the question arises, " How far may it safely be used in the business of a Masonic Lodge?" This question has been most ably and satisfactorily answered by M. W. Bro. Benjamin B. French, in an article pubHshed in the American Quarterly Eeview of Freemasonry. We feel that we are doing the Craft a service by transferring to these pages its most important suggestions. "No body of men," (says Bro. French,) "no matter how small, or how well disposed to be orderly it may be, can be kept in order for the transaction of business, and the debate which necessarily accompanies it, without a presiding officer; and no presiding officer, be his talent and capacity for pre- siding what they may, can keep order unless he be governed by fixed rules and principles, admitted to be binding by those over whom he presides. Therefore, we find the custom to be universal, after the organization of any assembly of individ- uals, of adopting rules for government, by which they impose a duty on their presiding officer of administering, and on themselves of obeying, the rules thus made. In ordinary MASONIC JUEISPRUDENCE. 159 public bodies, these rules are temporary, lasting only during the legal existence of the body which they are formed to govern. The House of Representatives of the United States becomes a new legislative body every two years, and is only governed by the general parliamentary law until either the rules of the preceding House are adopted, or a new code formed. The Senate, being a permanent body, is always governed by the same rules until it sees fit to alter or renew them. '* Masonic bodies are somewhat like the Senate, in this latter particular. When once formed, they remain Lodges, Chapters, etc., forever. Therefore, the rules and regulations by which they are to be governed, ought to be permanent and uniform. I have noticed, within a few years, a new feature adopted by some of the governing Masonic bodies, in the formation of * model by-laws,' on which the Subordi- nates are to found their codes. This is an excellent plan, inasmuch as it tends to create a uniformity of government in the jurisdictions wherein it operates. But by-laws are one thing, and rules of government, while the body is assembled for business, another. " My design in this paper is to present my own views in relation to the application of regular parliamentary law, so far as it will apply to the government of Masonic bodies. " The term Parliamentary Law originated by being the designation of the peculiar law which governed and governs the proceedings of the British Parliament. Laws and rules adopted by that body became by degrees the governing law of all deliberative assemblies, so far as they would apply: 160 PRINCIPLES AND PRACTICE OP ^ and as soon as our forefathers so far established governments on this side of the Atlantic as to need rules and regulations, they adopted those of the mother-country ; and thus the law of parliament became, in a measure, the governing law of American deliberative assemblies; and the law of parliament has come to be a general term, applicable to all well-estab- lished rules and regulations adopted by legislatures. " The dictum of Hatsell — the best English authority on precedents extant — that ' it is much more material that there should be a rule to go by, than what that rule is,' is a sound principle, and applies as well to the government of a Masonic Lodge as to the House of Commons of Great Britain. "All regular meetings of Masonic bodies are fixed by their by-laws, and the records of the body should always show, either that the meeting was held, or the reason why it was not. It is well known to every well-informed Freemason, that a certain number must be present before a Lodge can be opened, and that it requires also the presence of certain ofiBcers: therefore, no parliamentary rule applies to the con- vening of a Lodge. The rule, that a faithful record shall be kept of what is proper to be written, is a Masonic one; and the period of no regular meeting should be suffered to pass, even though the Lodge be not opened, without a statement, as full as may be, on the record-book, giving the facts as they occurred, that when the proper inspecting oflBcer makes his annual visit, be may see as well what has been omitted to be done that ought to have been done, and the reasons therefor, as what has actually been done. *' The Lodge having been duly opened, it becomes at onca MASONIC JURISPRUDENCE. 161 a deaberative assembly for any business that may legitimately come before it. The Master is the presiding officer, and the floor is open, under the restrictions of the by-laws, to any member who may desire to submit any proposition proper for consideration. And here the parliamentary rules apply in all their force. "I will here quote those rules, substituting the words ' Master ' and ' Brother ' for Speaker and Member. " When the Master is seated in his chair, every brother is to sit in his place. "When any brother means to speak, he is to stand up in his place, and address himself, not to the Lodge, or any par- ticular brother, but to the Master, who calls him by his name, that the Lodge may take notice of who it is that speaks. "When a brother stands up to speak, no question is to be put; but he is to be heard. " [This rule closes with the words, ' unless the House over- rule him.' It is not customary or proper for the Lodge to overrule any brother in debate. If the Master deem the debate irrelevant, he has full power to call the brother to order, and to keep him within the bounds of order, or to silence him in a manner known only to Masons. From the Master's decision there is no appeal to the Lodge.] " " If two or more brethren rise to speak nearly together, the Master determines who was first up, and calls him by name; whereupon he proceeds, unless he voluntarily sits down, and gives way to the other. " [Here again the House can overrule the Speaker, and 162 PRINCIPLES AND PRACTICE OP decide which member was first up. But the Lodge cannot overrule the Master.] *' By the parliamentary law, no one may speak more than once, to the same question, on the same day. This is a very wholesome provision, and, unless there be some particular provision in the by-laws touching this point, it would be well for the Master, when he thinks precious time is being wasted in debate, to enforce it. This is a matter, however, that I consider altogether discretionary with the Master, and in which he should always be governed by the peculiar circum- stances of the time. Explanation, as to what has been said, is always permitted. " If the Master rises to speak, the brother standing up must sit down, that he may be first heard. " No one is to speak impertinently or beside the question, superfluously or tediously. " No one is to disturb another in his speech by hissing, coughing, spitting, or whispering to another, nor to stand up or interrupt him; nor to pass between the Master and the speaking brother, nor to go across the Lodge-room, nor to walk up and down it. " If a brother, in debate, use any improper language, any brothei>raay call him to order, if the Master do not; and if there is any dispute as to the language used, it would be well to have the language -taken ^own by the brother calling to order, that the Master may consider it carefully before coming to a decision. "As the rules of Freemasonry allow no appeal from the Master to the Lodge, it behooves every Master to make his MASONIC JURISPRUDENCE. 163 decisions with great care, and after full consideration ; and, although no appeal can be taken, the Master may, before his decision, ask experienced members of the Lodge to aid him with their opinions, and they are bound to respond. The Master may, if he see fit, express an opinion to the Lodge, and ask its advice, prior to making his decision. "Any brother may present a petition to the Lodge, if properly signed and vouched, at the time when petitions are in order, or he may hand it to the Secretary, and have it presented through him. After it is received, it is for the Lodge to determine what is to be done with it. If no ques- tion is made by any brother, the petition is referred to the Master as a matter of course; and when reported upon, the report is open to amendment and debate, and to final action by the body to which it is made. "Upon the presentation of a petition, any brother may raise the question, and, in that case, the Master is bound to put the question: 'Shall the petition be received?' If not received, no further action can be had relative to it, and it remains in the hands of the one who presented it, to be dis- posed of as he thinks proper." ********* " * Committees of the Whole* are out of place in a Masonic body. Lodges can only do business with the Master in the chair ; for, let who will preside, he is, while occupying the chair. Master — invested with supreme command, and em- phatically 'governs the Lodge.' Any committee presupposes a ' Chairman,' and no Freemason would feel at home, were he presided over by a ' Chairman.' " 164 PRINOIPLES AND PRACTICE OF " There is a difference between accepting and adopting a report. If nothing is said, it is considered as accepted as soon as made. If it closes with resolutions, and the report itself requires no definite legislation, the question is on agree- ing to the resolutions. If the report itself embodies legisla- tion, and there are also resolutions attached, the question is on adopting the report, and agreeing to the resolutions. If no resolutions are attached, and the report recommends no action, its acceptance, either tacitly or by a vote, disposes of it. If it requires action, then a vote must be taken on its adoption, to make it binding. If it is upon a petition for admission, no matter whether favorable or unfavorable, the question is on proceeding to ballot for the candidate, unless a motion is made to dispose of the report in some other manner.* Reports may be recommitted at any time before the final action upon them." * * * ♦ * " Motions, in a Masonic body, are governed by precisely the same rules as in a parliamentary body. Any member of the body can make a motion, and it must be seconded by another member, (the presiding officer can second it, if he pleases,) before it is in possession of the body. If in order, of which the presiding officer must be the judge, it is then debatable, or may be put to the question, if no debate is offered. If the presiding officer require it, all motions must be put in writing before being acted upon. Resolutions and Orders are governed by precisely the * We can imagine no other disposition of such a report, except to lie upon the table temporarily, or to recommit for further exam- ination. Its final disposition must be by ballot, for the petition on which it is based cannot be withdrawn. MASONIC JUBISPEUDENCE. 165 same rules as motions; they are often only motions reduced to writing: for instance, a brother may move that the Lodge proceed to ballot for a candidate, or he may introduce a resolution in writing to do the same thing. Resolutions gen- erally express opinions, and motions may apply to resolutions, as ' a motion to amend,' * to lie upon the table,' ' to postpone,' etc., but resolutions cannot apply to motions. " Orders are only used when the body commands, as, * Or- dered,^ that the Secretary do so and so, etc. ** Freemasonry knows no 'previous question/ and no Ma- sonic body should ever tolerate it." * * * " The Masonic rule should be, that where well-settled par- liamentary principles can be properly applied to the action of Masonic bodies, they should always govern; but they should never be introduced where they, in any way, interfere with the established customs or landmarks of Masonry, or with the high prerogatives of the Master." To the above we subjoin, for the sake of complete- ness, the following, by Dr. Mackey : When a motion has once been made, and carried in the affirmative or negative, it is in order for any member who voted in the majority to move for a reconsideration thereof at the same communication. When an amendment is proposed, a member who has already spoken to the main question may again speak to the amendment. When a blank is to be filled, and various propositions have been made, the question must be taken first on the highest sum or the latest time proposed. 166 PRINCIPLES AND PRACTICE OF Any member may call for a division of the question, which division will take place, if a majority of the members consent. A motion to lie on the table is not debatable. A motion to adjoarn is unmasonic, and cannot be enter- tained. The business of the meeting is concluded by the reading of the minutes, in order that any errors or omissions may be corrected, while the brethren are present who have taken part in the proceedings. They are then approved, which being done, we hold that they cannot subsequently be altered, even though a mistake of omission or commission should be made manifest. The reason is, that the minutes of a Lodge are the legal record of its transactions, and on Ma- sonic trials are admitted as evidence : if they were subject to alteration at will, they could have no such value, because there would then be no certainty that the minutes produced were in the same condition that they were at the time they were recorded. Where a palpable error is ascertained, it can be noted in the minutes of the next communication, and when approved by the Lodge, will stand as the legal correction of the former minutes. Finally, the ceremony of closing is to be observed with the same care as that of opening, and, as before hinted, it should be the endeavor of Master and brethren to have it always take place at a reasonably early hour. or THt ,MiVERSlTY CHAPTEE YI "We have, in a preyious chapter, stated our belief in the doctrine that, as in the State, the original sovereignty resides in the people, so in Masonry, it belongs to the members of the subordinate or par- ticular Lodges, but the extent to which it may be exercised by its original custodians, is now a very different matter from what it was previous to the revival of 1717. At that period. Lodges being merely temporary gatherings for the one purpose of confer- ring the E. A. degree, membership and its conse- quences, as now understood, were unknown. Each individual acted for himself, and entirely without control or restraint, nor were there any but the most general relations between individual Masons, except when a number gave 'their consent to the initiation of a profane, and attended a meeting held under the authority of the civil magistrates, to witness and assist in the performance of that ceremony.^ The * The four old Lodges, wliicli are so often referred to in con- nection with, the formation of the Grand Lodge of England, would seem to have been an exception, so far as permanent organizatioa 168 PRINCIPLES AND PRACTICE OP great body of the Craft was then composed of Ap- prentices, or Masons of the first degree, and the Annual Assembly was a gathering of the whole Fra- ternity, or so many of them as chose to attend. As there were no permanent Lodges, each brother rep- resented his own interest at the General Assembly, and the legislation must necessarily have been of the most primitive character. When, however, the Grand Lodge was estabhshed, and Lodges became perma- nent organizations, under authority of Warrants issu- ing from the supreme body, the general powers which had previously been exercised by individuals, were merged in the Lodges, and their powers were in turn circumscribed by delegation of a portion of their rights to the superior authority of the Grand Lodge, so that the individual sovereignty may now, in general terms, be said to be only exercised in regard to can- didates for initiation or adjoining, in the selection of officers, and in instructing them for their government in Grand Lodge. In those days, too, the Grand Lodge reserved the right to confer the degrees of Fellow Craft and Master Mason, the applications for which, as the Fraternity increased in numbers and is concerned. Their origin and transactions are, however, involved in a great deal of mystery, which it is not in our power to clear up. We are not writing history, and, therefore, only speak in a general sense. MASONIC JURISPRUDENCE. 169 new Lodges were formed, becoming too numerons for its capacity, it was obliged to relieve itself of the burden, by empowering the Lodges to confer the whole three degrees, and confining itself to the func- tions now exercised by Grand Lodges. The result of this change has been, that in all Lodges deriving their existence from the English system, as ours do, Master Masons have taken the place formerly occupied by Apprentices, though in jurisdictions where the Scottish or Ancient and Ac- cepted Eite prevails, the change is not so manifest ; Apprentices in those jurisdictions still participating in all the business of the Lodge, except conferring the two superior degrees, and even holding office. Lodges are, therefore, now composed of Entered Apprentices, Fellow Crafts and Master Masons, and the latter may be divided into two classes — affiliated and non-affiliated. The officers are chosen from the affiliated Master Masons, because they alone are in reality members of the Lodge ; but, as we have al- ready spoken of the officers, we shall be understood as in this chapter referring particularly to what are termed "floor members :" that is. Masons not hold- ing any office, or, in military parlance, "the rank and file." As there are pecuHarities attached to each class, we shall give each a separate consideration. 8 170 PBINCIPLES AND PKACTICE OP SECTION I. -ENTERED APPRENTICES. The name applied to the brother who has received the first degree of Masonry, appears to signify that he is one who has entered the Fraternity, but only in the character of a novice or apprentice ; and such is in truth his present status. The profane who seeks admission may be said to be a petitioner ; during his initiation, he is a candidate ; and when the initiation is completed, he is an Entered Apprentice. In the Old Kegulations, initiation is held to be synonymous with making a Mason — ^that is, an Apprentice ; and the rules that apply to the maJcingSy&s they are term- ed, refer only to the first degree : thus, the rule that a Lodge may not make more than five new brethren at the same time, means that not more than five per- sons may be initiated at the same meeting. The term "making" is never appHed to the other degrees, in which the candidate is said to be passed or raised, as the case may be. While, therefore, initiation makes a man a Mason, it only confers upon him a part of the rights and benefits of the Lodge, the full privileges being reserved to the Master Masons. An Entered Apprentice, not being a member, is not required to pay dues, and cannot make any claim upon the Lodge treasury ; nor is his family, should he die before advancement, entitled to claim reKef, as in the case of a member. MASONIC JURISPBUDENCE. 171 He may visit his own Lodge whenever opened on the first degree, but he has no voice or vote in the proceedings, nor can he serve on committees or hold office. He cannot travel masonically, nor visit other Lodges, because he is not in possession of the means of making himself known as a member in good stand- ing. Apprentices are sometimes allowed to visit other Lodges than their own, when accompanied and vouched by a Master Mason ; but the practice is rep- rehensible, and ought not to be allowed. Instruction is due him in his own Lodge, and he should seek and find it there before going abroad. He cannot, in case of death, be interred with the formahties of the institution ; neither can he be al- lowed to take part in the procession on such occa- sions, the Lodge, when convened for that pui*pose, being always opened on the third or Master's degree. He is particularly cautioned against entering into argument with the uninitiated, because, from his sHght knowledge, he is unable to speak correctly of the society, and, in the heat of debate, may assert that which has no existence in fact. He has the right to apply for instruction in the degree which has been conferred upon him, that, in due time, he may be prepared to advance another step in his profession. 172 PRINCIPLES AND PRACTICE OP He has the right to apply for the next or Fellow Craft degree,* but it does not follow that the Lodge is obliged to grant the request ; for, in that case, the body could exercise no discrimination, and the rule which exacts suitable proficiency before advancement would be void. It is, therefore, the custom, when an Apprentice applies for the next higher degree, to require him to submit to an examination, either in open lodge or before a committee named for the pur- pose, that it may be known that he is prepared, by a knowledge of the degree already conferred, for ad- vancement to another. When such examination is satisfactory, it is usual for the Lodge to express its willingness to advance him by a secret ballot, wherein one negative vote rejects him, without, however, af- fecting his standing as an Entered Apprentice. It is simply a refusal to allow him to advance, but in no wise interferes with his right to apply again. We have known cases where, on the appHcation of an Entered Apprentice for advancement, the negative ballot has been held to be an absolute rejection, as in the case of a profane, but there is a wide difference between the two. The question, on the ballot for advancement, is not whether the candidate shaU be made a Mason, for that he already is, but simply * Among French Masons, this is technically called "applying for higher wages." MASONIC JURISPRUDENCE. 173 whetlier lie shall receive a higher degree, an^ tmless cause be shown to the contrary, an expres- sion of opinion by the Lodge as to the proficiency already made. If a black ball appear, then some brother thinks the candidate has not sufficiently pro- gressed in knowledge to be advanced, which opinion may be changed on another examination. But if it be held that such a ballot is an absolute rejection, then a Mason is condemned and executed — so to speak — ^without any semblance of a trial, without any charge being made, and without any proof being adduced. No such doctrine can be entertained. If there are reasons, other than want of proficiency, or, in other words, reasons affecting the moral character of the Apprentice, then, as a Mason, he has a right to a fair trial, that he may, if possible, exculpate him- self, or, in the event of his failure to do so, that he may be placed in such position as will not only pre- vent his advancement, but forbid the exercise of his rights even as an Entered Apprentice. We say, then, that an Apprentice is entitled to a trial, but it must be understood that the trial is to be had before Mas- ter Masons, acting as a committee, that the accused may be present, and present his defence ; the final decision will, however, be pronounced by the Lodge, opened in the third degree, where the Apprentice cannot enter. 174 PRINCIPLES AND PRACTICE OP w Following this, is the right to appeal to the Grand Lodge for a review of the proceedings ; for however limited the rights of an Entered Apprentice may be, he must be allowed their full enjoyment, and the use of all lawful means he may deem essential to their maintainance. Clearly, the right of appeal, after » trial, is one that cannot be denied him. In case of the removal of an Apprentice beyond the jurisdiction of the Lodge in which he was ini- tiated, and on the expression of his wish to receive the remaining degrees at his new place of residence, the mother-lodge may furnish him a certificate, set- ting forth the fact of his regular initiation, together with its consent that he be advanced in the Lodge he may select. Li conclusion, it should be stated that in some Grand Lodge jurisdictions, laws prevail which are not in accordance with the views here given : in those jurisdictions, the local rule must be obeyed ; but such cases are exceptions to the general law. SECTION n. -FELLOW CRAFTS. In former times, as will be seen by reference to the Ancient Charges and Kegulations, Fellow Crafts were capable of being chosen Wardens of a Lodge, and even, at one time. Grand Master. That was when the majority of the Fraternity were Apprentices ; but MASONIC JURISPRUDENCE. 175 when the riglit to confer tlie second and third degrees was ceded to the Lodges by the Grand Lodge, and Master Masons took the place of the Apprentices, the rights previously enjoyed by Fellow Craft Masons disappeared, and they may now be said to have no rights beyond those of Apprentices, except that of applying for the third degree. They, therefore, occupy the same relation to a Master Mason that an Appren- tice does to a Fellow Craft. They have the same disabilities as Apprentices, and are entitled to the same immunities. They are required to make suit- able proficiency, and to serve some time before they can be raised to the degree of Master Mason. The interval required to elapse between the de- grees is not definitely, or rather not uniformly, settled. Some Grand Lodges require a month's probation between each degree; others more; some regulate the interval by " due proficiency." The Grand Lodge of New York requires proficiency, and that at least four weeks shall elapse between initiation and raising. In England the rule is twenty-eight days between each degree. It may, therefore, be said to be a matter of local regulation, as it certainly is sub- ject to the control of the Grand Master, who may by his dispensation abbreviate, or entirely abrogate it. 176 PRINCIPLES AND PRACTICE OP SECTION IV -MASTER MASONS. Masons of the third degree of Ancient Craft Ma- sonry now constitute the body of the Fraternity. They make up our Lodges, perform their labors, and contribute the means for paying their current ex- penses, as well as the demands of needy brethren, their widows and orphans. Their duties comprise the various requirements of the institution, and they are, in their generation, the custodians and conserv- ators of the trust bequeathed by the fathers, which, in due time, they will leave to their sons, and thus perpetuate the institution while there shall remain a need for laborers in the cause of liuman progress. In view of the weighty responsibilities of Master Masons, it is proper that they should understand their rights and privileges, which we now proceed to enumerate. The first right of a Master Mason is that of mem- hersTiip, which is of two kinds — actual and honorary. By actual membership is understood regular affilia- tion with a Lodge, either as the result of having been initiated, passed, and raised therein ; by acceptance, or affiliation after having been previously a member of some other Lodge, or by having been a member of a Lodge under dispensation, and remaining there after the warrant issues fi'om the Grand Lodge. MASONIC JURISPllUDENCE. 177 It is always understood that when a person peti- tions for initiation in a Lodge, it is with the inten- tion of becoming a member (unless the contrary be expressed), and therefore when the third degree has been conferred, no further ceremony is requisite save that of the candidate signing the by-laws, thus re- cording his wilHngness to assume his portion of the duties of Masonry, on condition that he be entitled to all the rights and benefits that accrue to members in good standing. This is the first me.thod of obtain- ing membership. The second is when a Mason de- sires to change his membership from one Lodge to another ; he withdraws or dimits from his old Lodge and petitions the new one to receive him into fellow- ship. This petition takes the usual course ; a com- mittee of investigation is named, and on their report a ballot is had, which, if favorable,* admits the pe- titioner to membership, on the condition of the fee as provided by the by-laws, and the appending his signature to that instrument. We digress here a moment to say, that among Masons in continental Europe the act of affiliation is always accompanied * We have already remarked, in a previous chapter, that the ballot for an affiliating Mason differs from that for a profane in this, that if unfavorable his standing is not thereby affected. He is just as competent to petition the same Lodge, or another, after rejection as before, and that residence has nothing to do with the application unless ther ) be a local regulation on the subject. 178 PRINCIPLES AND PRACTICE OF by appropriate ceremonies. The affiliating brother is required to renew his covenant of fealty 4o tho constitution of the Grand Lodge, and to the regula- tions of the subordinate to which he is about to be- come attached. He is then introduced to the breth- ren by name, official announcement of his affiliation is made, and he is saluted as a member of the Lodge. The ceremony, though brief, is one that has always favorably impressed us, and we submit it to the con- sideration of the brethren. The tliird method of obtaining membership is where a given number of Master Masons petition the Grand Master to be formed into a Lodge imder dispensation. Should their prayer be granted, it is the general rule that they must then withdraw from the old Lodge in which they had previously been members, member- ship in the new one accruing to them by their con- stitution under a warrant fi'om the Grand Lodge, the risk of which they of course accept. In New York the rule is, that when Master Masons petition for a dispensation they must pay up their dues to the date of such petition and furnish satisfactory evidence of that fact to the Grand Master at the time of peti- tioning. If the dispensation be granted, the mem- bership in the old Lodge remains in abeyance, and it is optional Tvith the petitioners either to continue in the n^w Lodge when the warrant is granted, or to MASONIC JURISPRUDENCE. 179 resume their membership in the old one. This rule is evidently fair and commendable, as it avoids the danger of setting men adrift who take part in the formation of new Lodges, in case the warrant of con- stitution does not follow the dispensation, and saves them the trouble and expense of a reaffiliation, in case they do not think proper to continue in the new Lodge. Honorary membership, as generally understood, is the somewhat modern custom of conferring nominal membership on a brother for services rendered the Fraternity in general, or the Lodge in particular. As it is the law that a brother can only be an active member of one Lodge at the same time, and as only active members can participate in the transactions of the Lodge so far as to vote, hold office, serve on committees, etc., it follows that honorary membership when conferred is but the expression of a eomph- ment, and that the honorary member acquires no positive right whatever. They are generally allowed to participate in discussion, but this is only an act of courtesy rarely denied to any visiting brother who signifies a wish to be heard. There is, however, in some jurisdictions a kind of honorary membership which is positive and tangible in its operation. It is where, by the regulations of the Grand Lodge, a poor brother, unable to pay the 180 PRINCIPLES AND PRACTICE OP adjoining fee, may be received by any Lodge with- out such fee, as an honorary member — by previous notice and unanimous ballot — and may be excused by the Lodge from the payment of dues. Li this case the member is entitled to all the privileges of the Lodge, without being subjected to any of its pe- cuniary burdens. From the right of membership follows the right to visit masonically any regular Lodge. There is con- siderable dijBference of opinion as to whether this is an absolute or Hmited right. The present Grand Master of England, and some authorities in this country, insist upon making the right to visit a posi- tive one ; the only condition being, that the visiting brother shall produce satisfactory evidence of his good standing in the Lodge from which he hails. Li this country, whatever the theory may be, the gen- eral practice is, however, to make the right a Hmited one. And we certainly must say that we can ima- gine no good reason for any other com'se. It is true that Lodges are in a general sense but the subdivi- sions of one universal family, but it must be admitted that the members of any particular Lodge have rights in it superior to the rights of Masons belong- ing to other Lodges, and when a member objects to the entrance of a visitor, his objection is, and ought to be, of greater weight than the claims of the visit* MASONIC JURISPRUDENCE. 181 or ; for if this were not the case the sitting member might be obliged to leave the Lodge, and thus be temporarily deprived of all his rights therein, at the order of a brother having equal rights in the Fra- ternity but not in the Lodge. Moreover, it is the duty of the Master to preserve harmony among the brethren composing his Lodge ; but if he were obliged to admit a visitor whose presence would, to his certain knowledge, disturb that harmony and em- barrass the work, then he would be deprived of one of the means of performing an essential duty ; for peace and harmony are the support of our institution in a greater degree than in any other. Again, if the right to visit were a positive one, then Masons who believe that the landmark requiring candidates for Masonry to be free-born is still in force would be obliged to sit with a certain class of the initiates of a Grand Lodge which has unblushingly removed that landmark. Fortunately, however, the question is settled by the admitted prerogative of the Master to control the admission of visitors by withholding that permission, without which they can neither "pass nor repass."* * Dr. Oliveb holds the right to visit to be absolute, but in the same breath admits that, under certain circumstances, visitors ought not to be admitted, or if present may be requested to with- draw, which sufficiently demonstrates the limited nature of the privilege. 182 PRINCIPLES AND PRACTICE OF In immediate connection with Masonic visitation is the subject of certificates or diplomas * Certifi- cates being understood to emanate from a Lodge, and diplomas from a Grand Lodge. There can be no doubt of the right of a Master Mason in good standing to furnish himself with a wiitten proof of that standing, vouched for by tho seal of his Lodge, or preferably his Grand Lodge, but little or no weight can be given to such documents in the exam- ination of a strange brother. They may be received as collateral evidence, but the time dependence is the Tyler's OB., the due trial and strict examination of a competent and careful committee, who will omit no question that ought to be asked, and who will accept no equivocal answers ; acting on the maxim that it is better that ninety-nine good brethren should be refused than that one impostor should be admitted. The right of avouchnient is a most important one, and one in the exercise of which too much caution cannot well be exercised. There are three rules in regard to avouching, which may be thus stated : 1st. If you have been present in a regular Lodge of Master Masons with the brother for whom you vouch. 2nd. If a brother whom you know to be a Master Mason introduces you to another in 2'>€rson^ and says I have sat with this brother ; or, 3d. If you, • See Appendix. MASONIC JURISPKUDENCE. 183 as one of a committee appointed by the Master of your Lodge, have carefully examined a brother, then you may lawfully vouch for him, and your avouch- ment may be accepted by the Lodge. As a general rule, the personal examination of brethren casually meeting should not be accepted ; for though there are undoubtedly many brethren just as competent to examine a stranger in any proper place as well as they could in the Lodge-room, yet the great majority are not thus competent, and it is therefore unsafe to accept such examinations and thus approve of the practice. Every Master has agreed in the most sol- emn manner that " no visitors shall be received in his Lodge without due examination and producing proper vouchers of their having been initiated in a regular Lodge," and he will prove faithless to his vow if he allow the somewhat loose system of mod- ern avouch ment to prevail under his administration. The simple announcement of " Brother so and so vouched for" is a very frail warrant for the admission of a person we have never seen or heard of before to a participation in our mysteries. We should know who is his sponsor, and on what grounds he assumes that responsibihty, "While it is the right of every Master Mason in good standing to vouch for an* other, on proper grounds, it is equally the duty of the Master to be satisfied that this important privi- or rwc wNivERsirr 184 PRINCIPLES AND PRACTICE OP lege has not been lightly exercised, before he accepts the voucher. There are so many ways in which the best int^tioned brother may be deceived that there should prevail a wholesome caution in accepting any but the most irrefragible testimony. Thus, the bro- ther who offers to respond for another should know, beyond all question, that the one he vouches for is really a member of the Fraternity, in good standing, and his knowledge must be obtained, not from an or- dinary conversation nor a loose and careless iuquiiy, but from strict trial, due examination, or lawful Ma- sonic information, which one of the unwritten land- marks require as prerequisites to avouchment. The sixth subdivision of the sixth of the Ancient Charges provides that — " You are cautiously to examine a strange brother, in such a manner as prudence shall direct you, that you may not be imposed upon by an ignorant false-pretender, whom you are to reject with contempt and derision, and beware of giving him any hints of knowledge." Nothing can lawfully be taken for granted, nor should shortness of memory be suffered to excuse the filling up of an inconvenient blank. If the would-be-visitor has paid so Httle heed to his first instructions, or so little attention to the claims of the Fraternity, as to become rusty, he should go where he is known to obtain his information, aud be disappointed if he expect to pick it up from an MASONIC JURISPRUDENCE. 185 examining brother or committee. In this we would be understood as referring to those important mat- ters that are indispensible, and not to some of the minor details that only a bright Mason conld be ex- pected to have at his finger-ends. The particulars of an examination cannot, of course, be detailed here, but we may say, in general terms, that the errors or inadvertencies of the visitor should not be corrected, for that would be giving him the hints we are warned against. "With an aged brother, or one who has long been debarred the privileges of the Craft by journeys or sickness, patience should be exercised. If he has ever received the true light, the spark, though dimmed will eventually brighten up by his own unaided en- deavors ; and one such trial will always serve to re- mind him of the necessity of keeping his treasures where he can find them when wanted. But it is not so much from any carelessness in regard to examina- tions that we have to apprehend danger, as from the uncertain application of what is termed " lawful iu- formation." The Tyler's voucher is very often an imcertaiQ guide ; for among the numbers that pass his guard he may be deceived by great similarity of personal appearance, or from a conviction that he, having seen the person somewhere, that place must have been in a Lodge ; or the Tyler may have known that a person was a member of a Lodge, but not that 186 miNCIPLES AND PRACTICE OF he had been put under discipline. Other instances might be named, but they will readily suggest them- selves to the brethren. Examinations conducted by an inexperienced or unskillful brother can afford no just grounds for an avouchment, because he cannot be supposed to have the ability of detecting error, or the judgment necessary to avoid conveying informa- tion which should be withheld. If a brother vouch for another on the ground of having sat with him in Lodge, he should also be able to state positively that it was a Master's Lodge, duly and legally constituted, and not a Lodge of Entered Apprentices or Fellow Crafts. Written vouchers, though indited by your nearest friend, are of no positive value ; they can- not lawfully contain any of those things which it is indispensible the visitor should know, and can afford him no assistance when put to the ordeal of strict examination. Personal avouchment from one bro- ther to another may be accepted, but no further ; and then only when the brother vouched for is in presence of the one giving the information and the one receiving it ; and then it must be given with the intent of being used Masonically, and be full, expHcit, positive, and based on actual knowledge of a Masonic character ; but when Brother A informs Brother B that Brother C told him that Brother D was a Ma- son, the information becomes too loose to have a law- MASONIC JTJELSPEUDENCE. 187 ful value, and must be discarded. Finally, tlie safest and best rule for all concerned is for the visiting brother to be at the haU half an hour before the time fixed for Lodge opening, that he may have abundant time to prove his qualifications by the scrutiny of a regular examination. The right to a Masonic trial by his peers is to the Mason, as to the citizen, the inviolable safeguard of aU his other rights, and it is therefore an unchange- able law that the recognised punishments of Masonry can only be inflicted after a regular trial, during which, and until the final verdict is pronounced by the Lodge, he is entitled to the presumption of inno- cence, and remains in good standing. The method of proceeding in Masonic trials will form the subject of a separate and special consideration, and we therefore in this place only consider the right of every Mason to the benefit of such proceedings when by his conduct, or by the imputation of wrong, he becomes liable to impeachment. The enjoyment of the rights that inure to a Mason is that which dis- tinguishes him from the profane, and entitles him to consideration among his brethren. Mere worldly justice, much more then, the sacred ties of the bro- therhood, require that the penalties for immoral or unmasonic conduct should only be inflicted after trial, in which the charges shall have been sustained 188 PBINCIPLES AND PRACTICE OP by ample proof, in which full opportunity shall have been afforded the accused to make his defence, and which proceedings shall have been approved by a majority of the brethren in open Lodge. The peers of a Master Mason are all other Master Masons in good standing in his Lodge, and therefore a Lodge has original jurisdiction for the purpose of trying any of its members save the Master, whose peers, while he remains in office, they are not, and whom, therefore, they cannot try. The natural sequence of the right to a fair and impartial trial is the right of appeal. Human na- ture is falUble, and men, however just their inten- tions, are liable to err ; and it has therefore been provided that in all trials the accused brother shall have the right, when the Lodge has pronounced sentence, to appeal to the final adjudication of the Grand Lodge. The foundation of this right is found in the Sixth Charge, in these words : " If any com- plaint be brought, the brother foimd guilty shall stand to the award and determination of the Lodge, who are the proper and competent judges of all such controversies, unless you carry it by appeal to the Grand Lodge * * *." The requisites of an appeal (unless otherwise provided by the local reg- ulations) are : 1st. That the appellant shall notify the opposite party of his intention to appeal. 2d, MASONIC JURISPRUDENCE. 189 That a copy of all the proceedings in the case, attested by the secretary and Lodge seal, shall be forwarded to the Grand Lodge without delay. 3d. That the appellant furnish the Grand Lodge, through the Grand Secretary, with a full and clear statement of the grounds of his appeal ; and 4th. That a copy of this document be furnished to the adverse party. When a case is thus brought before the Grand Lodge, it is usually referred to a committee, who examine the papers, hear explanations from either or both parties, and report their judgment as to whether the proceedings ought to be reversed or confirmed, and on that report the Grand Lodge de- cides. Proceedings thus conducted are strictly ap- pellate, but it is held that the Grand Lodge, being the supreme tribunal, may in its discretion assume original jurisdiction, hear new evidence, and make a new verdict. There is no doubt but that many Grand Lodges do thus act, but we must say that the power is one that ought not to be exercised except in an extreme case. The safer and just plan would seem to be, when there is manifest error in the proceed- ings, when the verdict is not in accordance mth the evidence, or when the punishment awarded is too lenient or too severe, to send the case back for a new trial, with such recommendations as it may be proper to make, to the Lodge, who are "the 190 PRINCIPLES AND PRACTICE OF proper and competent judges in all such contro- versies." Pending the appeal, the brother found guilty must submit to the award of the brethren, so far as the exercise of any of his Masonic rights, save that of appeal, is concerned, because the Lodge having ori- ginal jurisdiction had the right to pronounce sen- tence, which must therefore be in effect until abso- lutely reversed by the superior authority of the Grand Lodge. It may be objected, that in a case of defi- nite suspension, say three or six months, the appel- lant would actually suffer the entire punishment be- fore an appeal which might reverse the sentence could be heard in Grand Lodge ; but of tliis there is no real danger, for it cannot be doubted that dur- ing the recess of the Grand Lodge the Grand Mas- ter has ample power to entertaiu an appeal, and or- der a new trial if found necessary, or grant a stay of proceedings until the assembling of the Grand Lodge. It is held, in a majority of the Grand Lodges of this country, that where a Lodge has passed'sentence of indefinite suspension or expulsion — two names for the same thing, in effect — though the Grand Lodge may, on appeal, reverse the sentence for irregularity or want of proof, it cannot and does not by such reversal reinstate the member in his Lodsre. This MASONIC JUBISPRUDENCE. 191 proposition is so diametrically opposed to common justice and common sense, 41iat we trust to be ex- cused for devoting a page or two to its considera- tion. Tlie object of the review by the Grand Lodge is to ascertain by impartial investigation that the pro- ceedings have been regular, and that the finding is warranted by the evidence ; and until this conclusion is arrived at, the adjudication is not complete, and the accused brother remains so far connected mth the institution (taking the supposition that the ver- dict was one of expulsion) as to have the right, by his appeal, to this final determination of the matter by the supreme tribimal. If the verdict of expul- sion pronounced by the Lodge at once severs the connection of the individual with his Lodge and with the Fraternity, then all his Masonic rights are at once abrogated, and he could not enjoy the right of appeal, which is one of them. But the verdict of the Lodge is, and can only be, conditional, because the right of appeal is inaHenable, and no brother can be deprived of it till his case has been finally re- viewed and decided by the court of last resort. Hence, when a new trial is granted, a new appeal follows, just as if no previous trial had occurred. If, however, we admit the contrary view, then Masonic justice is a mockery, and the form of trial a solemn 192 PRINCIPLES AND PRACTICE OP farce ; for if the reversal of the entire proceedings below does not place the brother in precisely the same situation he occupied before the charges were preferred, then all that is necessary to be done when a Lodge desires to get rid of a member is to trump up charges against him, declare him expelled, and, though the charges be false as the Father of lies, he is deprived of his membership beyond remedy ; and if the Grand Lodge, when upon examination it finds that the charges are imsustaiued, cannot reinstate him in aU his rights, or rather cannot declare (and enforce its declaration) that he has not been deprived of any right, then it is lawful to vacate a brother's membership at wiU, and the right of appeal is no right, since it cannot procure the administration of the simplest form of justice. The advocates of this doctrine endeavor to justify it by saying that every Lodge is the judge as to who shall be its members, and that the Grand Lodge has no power to force any of its subordinates to accept a member against its will. As a general proposition, this is true ; but in the case of a reversal of judgment the Grand Lodge does nothing like forcing a member upon the Lodge ; it simply says : " We have examined your record ; we find your proceedings wrong, and that the evi- dence you have furnished us does not establish the charges made ; they are therefore null and void ;" MASONIC JURISPRUDENCE. 193 and the result is to restore the state of things that existed before proceedings were commenced ; and hence the brother continues the membership, of which^ by the reversal of the sentence, it is declared he had not been deprived. Appeals from other acts and decisions of the Lodge besides those relating to trials are sometimes taken. Appeals from the decision of the Master in the chair are likewise to be made to the Grand Lodge or Grand Master — usually to the latter, or to his deputy, for the reason that they generally involve some point or principle which it is necessary to the harmony of the Lodge should be decided without delay. This ap- peal is the safeguard of the member against any ex- ercise of arbitrary authority by the Master, and the " check" by which he is restrained from the use of his high prerogatives to the injury of the Lodge or the brethren. The right of relief, when in circumstances of des- titution and distress, is one of the most ancient and well-established rights of the individual Mason. It existed before the constitution of permanent Lodges, and before the institution of the Grand Lodge. It has in modern times been modified in the case of non-affihated Masons, but otherwise remains as in the beginning ; for a Mason has a claim not only to the benevolence of the particular Lodge of which he 9 194 PRINCIPLES AND PRACTICE OF is a member, but upon that of tlie whole Fraternity wherever dispersed ; a claim, too, that after his death inures to his widow and children. Eelief as now given may be said to be of two kinds : personal, that is, donations from individual resources to relieve a destitute brother ; and, from the funds of the Lodge or Grand Lodge, for a like purpose. Li the present day, when there is a Lodge in every village in the land, it appears to us that the claim upon individual members ought not to be enforced ; for the tax is in many instances beyond the ability of the brother, es- pecially if he be well known, or Hve in the vicinity of persons inimical to the institution. Money contrib- uted to the Lodge fund is deposited for the very purpose of relief, and every contributor ought to be allowed to refer applicants to it, unless, of course, where he is persuaded that it is a duty to give from his own pocket, as well as from the Lodge treasury. We speak on this topic from an extended personal experience, and from actual knowledge that the be- nevolent feature of the Masonic association has been, and will be, liable to great abuse ; for on it has grown that unsightly parasite Masonic vagrancy. To a su- perficial observer, it would seem that our system was expressly intended to provide against mendicancy in any shape, and that our professions of benevolence are but hollow shams, while we allow our own kin- MASONIC JURISPRUDENCE. 195 dred and people to fall into the vicious state of pro- fessional beggars ; but those who are in the habit of looking beyond the surface need not be told, that Masonry does not pretend to be an eleemosynary es- tabhshment ; that it is rather a system of morality, one of the duties of which is, to relieve the distresses of its worthy adherents, and those of their widows and orphans ; or, in other words, that charity, or the giving of alms, is but an adjunct to other and more important duties. Saith the law : " If thy brother be waxen poor, and fallen into decay with thee, then thou shalt relieve him ; yea, though he be a stranger or a sojourner ; that he may live with thee." (Levi- ticus XXV., 35.) And it truly describes the real pur- pose of Masonic donations. For this purpose our members cheerfully impose upon themselves a tax which, as citizens, they would not submit to without murmuring, and the proceeds of which they give with a liberal hand, not only to the " brother waxen poor" among us, and those who have a natural right to ask in his name, but also, in too many cases, to those who neither have, nor ought to have, a claim upon anything but the way to the door. This is a defect of our present administration of charity that is daily working evil not only to the Craft, but to the recipients themselves ; for we hold that money given to the idle and viciously disposed, 196 PRINCIPLES AND PRACTICE OP not only does wrong to the giver, but also to the re- cipients, as they are thus encouraged not only to continue a life of idleness, but to exercise their wits for new methods of imposing on the too credulous stewards of a fund intended for a far different purpose. The practice of benevolence is often and strongly in- culcated in our ritual, in monitors, and in all publi- cations which undertake to treat of Masonry; but it is in almost every case taken literally, and without consideration as to what true benevolence is. We say that the mere giving of money is not charity, for charity implies love, and requires discrimination. Our gifts, unlike the gentle dew of heaven, should not fall aHke on the just and the unjust ; for vice, like noxious weeds, grows rampant enough without fertilizing. Add this consideration : that every dol- lar misgiven to an impostor is two dollars taken from the true claimant, and a sufficient reason will be found for the exercise of greater caution than seems to prevail among the Lodges of our country. "While, therefore, we would applaud the liberal assistance given to those knoivn to be worthy, we would equally condemn that loose giving that merely requires the presentation of a doubtful paper and a plausible story to unloose the purse-strings. We do not speak unadvisedly when we thus characterise a process vastly too common to be either denied or sufferedio MASONIC JURISPRUDENCE. 197 contiime without expostulation. We do not for a moment call in question the intention of those who so freely give the Lodge means to applicants, but we warn them that they cannot thus discharge the trust reposed in them, nor be certain that in thus giving they are in reality assisting the meritorious; that, on the contrary, they thus in many instances furnish the means for idleness and dissipation, and in the same proportion deprive themselves of the pleasure they might otherwise enjoy in giving more generous- ly to those whose right is undisputed. "We hold that even in the latter case there is more than money required in the fulfillment of our duty. Money will often cut the knot of a difficulty which it were better to spend a little time in untying. A word in season to the desponding, or of encourage- ment to those honestly striving, may produce more lasting benefit than any amount of money could do without them. " Words fitly spoken are like apples of gold in pictures of silver." How often have such words enlivened the gloom of affliction and converted the night of despair into the morning of joy ! How have they reclaimed the wanderer from the paths of vice, and shielded the unfortunate from the shafts of malice and oppression ! Yet how often is their value lost, and conscience silenced, by adding an extra dol- lar or so to the appropriation ? 198 PRINCIPLES AND PRACTICE OP To be entitled, therefore, to ask relief, a Mason must not only be in real need, but he must be worthy and under the general ruling, a member of some Lodge ; for one of the disabilities of non-affiliated Masons is, that they have no claim on the benevo- lence of the Fraternity. Where the application is made by the widow, or in behalf of orphan children, it is required that proper documentary evidence be furnished that the applicants are entitled to claim relief in the name of a deceased brother. There can be no question that when the widow of a deceased Mason marries a second time she loses all claims upon the Fraternity accruing from the membership of her first husband. The minor children are, how- ever, regarded as still having a claim. In connection with this topic, the estabHshment of Lodges, or Boards of Belief, presents itseK ; but as their management is purely one of convenience, and subject to no law but what the brethren controlling them may see proper to enact, it is out of place in this Treatise. We, however, warmly approve of and earnestly recommend them to the Craft of all large cities and towns, as having proved the best safe- guards against impostors, and the best defence of the worthy distressed. The right to withdrato from membership, or, as it is technically' called, to dimit, is one that leads to MASONIC JURISPRUDENCE. 199 great differences of opinion. The law of 1721, that " 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 become too numerous," evidently does not apply to the occasional withdrawal of individuals, because in addition to the term " set or number of brethren" it is required that the with- drawal should only take place when the Lodge be- comes too numerous ; that it should be for the pur- pose of forming a new Lodge, and that such purpose should have the sanction of the Grand Master or his Deputy, by the issue of his dispensation to form such new Lodge. This was evidently to guard against the possibility of a number of the brethren, under the influence of sudden passion, withdrawing from a Lodge, and perhaps breaking it up. And though the same purpose might be accompHshed by the with- drawing of one individual after another, there is at all events a better opportunity for reason and a sense of duty to resume their sway, than if the majority should be allowed to dimit at once. This is, how- ever, an extreme case, hardly likely to occur, because the majority would have the right to control the af- fairs of the Lodge, and direct its legislation to suit their own views. We refer to the right of an individual Mason, for 200 PRINCIPLES AND PPvACTICE OF reasons of his own, to sever his connection with the Lodge of which he may be a member, and we fail to discover any general law to prevent it, except that the dimitting member shall be clear of the books — that is, have paid all indebtedness to the Lodge, and that there be no charges against him pending at the time of such dimission. Such has been the custom in this country from the the first introduction of Ma- sonry into it till within a few years. Various attempts have been made to put a stop to the evil of non-affil- iation ; first, by attaching disabilities to that condi- tion, and then by requiring the withdrawing member to obtain the consent of his Lodge, in addition to the requirements above stated. The argument is, that as the consent of the Lodge is required for the ad- mission of a member, so it should be necessary to the severance of that connection. Speaking of this argument, a distinguished Craftsman has well said : " The theory here laid down may be one which com- mends itseK to favorable consideration, but I feel constrained to say that, in practice, it is not entitled to the same regard. I can see no vaHd reason why a brother in good standing, if not a Master or War- den, who has discharged all his pecuniary obliga- tions to his Lodge, and so long as he leaves members enough to form a working Lodge, should not be per- mitted to dimit of his own volition, and without tak- MASONIC JUEISPRUDENCE. 201 ing any vote whatever on the subject. Many things might be said which would sustain this view, but I will only cite a single case. It is impossible to en- force the regular attendance of a member of a Lodge who has been foiled in his effort to withdraw from it, except by the service of a summons upon him previ- ously to each communication. Even that compulsory process might be evaded by a brother, if he should so choose, without making him liable to the infliction of any penalty. We will suppose that such a brother had conscientious scruples, which, if disclosed, would involve the honor of his family, against associating with a member of his Lodge ; or suppose any other cause to exist, leading to the same result, what be- comes the necessary effect of this? The brother either suffers his name to be struck from the roll for non-payment of dues, or pays dues for privileges which he cannot conscientiously enjoy, and avoids attendance on his Lodge. Hence it is that the Craft loses the services of a good member, and virtually puts him out of the pale of association of a Lodge which he can call his own, by preventing his affilia- tion with one more congenial to his taste, or his sense of propriety. I can see no good reason why we should not return to the voluntary system, under which we very happily worked in years past."* * M. W. John J. Crane, M.D. ; annual address to the Grand Lodge of New York, 1863. 202 PRINCIPLES AND PRACTICE OF As it is undoubtedly true, that a brother kept in afl&liation with his Lodge is only a nominal member, and can be of no earthly use beyond the amount of dues he may contribute, we think, with the brother just quoted, that the interests of all parties would be best served by leaving each member to change his affiliation, or even to incur the odium of non-affilia- tion, when he can no longer maintain the emulation as to who can " best work" and who " best agree." But if we admit the right of a brother in good stand- ing to withdraw at pleasure, we cannot deny that the granting of a certificate of that fact is a legislative act which the Lodge may or may not do. Without that certificate the brother cannot affiliate elsewhere, for it is the general sense of the Craft that no Lodge can affiliate a member unless he be able to show that he has honorably withdrawn from the Lodge to which he last belonged, and that evidence is the dimii* It is therefore most masonic and fraternal that the sev- erance of membership should be a matter of mutual understanding ; that the brother should understand that if he withdraw in the heat of passion, or against the sense of the brethren, he incurs the risk of losing the document necessary to his admission elsewhere ; and, on the other hand, that the Lodge, when a bro- ther in good standing desires to withdraw, and a * See Appendix. MASONIC JURISPRUDENCE. 203 fraternal remonstrance fails to change his purpose, should allow him to consummate his purpose, and afford him the requisite facility for an affiliation that may be more convenient or agreeable to him. It will be understood that where there is a local regulation it wiU necessarily govern any action that may be pro- posed or taken. Where a vote is taken on an application for a dimit, and carried in the affirmative, it cannot be re- considered, for the reason that by the announcement of its passage the member at once becomes non-affil- iated ; and though he might instantly repent of his appHcation, he can onty regain his lost membership by petition and a unanimous ballot in his favor. A dimit must be applied for in person, or if in writing, then over the proper signature of the brother desir- ing it. The act cannot be accomplished through a third party, for evident reasons. Lastly, a Master Mason who dies in good standing has a right to burial with the ancient formalities of the institution. The earliest authority we find upon this subject is that of Preston, who says : " No Ma- son can be interred with the formahties of the Order unless it be at his own special request, communicated to the Master of a Lodge of which he died a mem- ber ; foreigners and sojourners excepted ; nor unless he has been advanced to the third degree of Mason- 204 PRINCIPLES AND PRACTICE OP ry, from which restriction there can be no exception. Fellow Crafts or Apprentices are not entitled to the funeral obsequies." As the first edition of Preston's Illustrations, from which this extract is taken, was published in 1772, it is questionable whether the cer- emony at funerals, and the regulations concerning them, were very much older than Preston himself. They are now, however, universally obeyed, and the exhortation at the grave, written by him, is substan- tially that in use throughout the United States. It is now held that none but affiliated Masons, except foreigners or sojourners, have a right to masonic burial ; and hence, that non-affihated Masons cannot be thus interred, which is in accordance with the regulation quoted ; for the request must have been preferred to the Lodge of which the brother died a member. In the case of a member who dies in good standing, but without making such request, the fu- neral honors are generally accorded to his remains at the request of his family or near relatives. It was a rule in Preston's time, that there should be no funeral or other pubHc procession in the badges and insignia of masonry, without a dispensation had first been obtained from the Grand Master or his Deputy ; and the avowed object of the regulation was to prevent the too frequent appearance of the brethren in public, and that, too, on occasions not MASONIC JURISPRUDENCE. 205 likelj to advance the cause of Masonry, or enhance its position in the public estimation. For Hke rea- sons a similar rule prevails in nearly every Grand Lodge jurisdiction in this country, though the law is generally more stringent in large cities than in the rural districts, where there is less hability to abuse. A proper regard for the proprieties of a funeral solemnity requires that the brethren should wear dark clothing, and leave at home all Masonic deco- rations but plain white aprons, white gloves, and the sprig of evergreen. SECTION V.-NON-AFFILIATED MASONS. By non-affiliated Masons is understood those brethren who have received the several degrees of symbolic Masonry, but who are not attached to any Lodge, which, previous to the revival of 1717, was the status of the whole Craft ; when, as we under- stand it. Lodges were distinguished by their place of meeting : as, those at the Goose and Gridiron, in St. Paul's churchyard ; the Crown, in Parker's lane, near Drury lane ; the Apple-tree Tavern, in Charles street, Covent Garden ; the Eummer and Grapes Tavern, in Channel-row, Westminster, etc., rather than by any permanent or continuous organization, and a Mason was a member of the Lodge he hap- 206 PRINCIPLES AND PRACTICE OF pened to attend ; but since that time it is held that a brother ought to belong to some Lodge and be subject to its by-laws and the General Kegulations. There is, however, a large number (comparatively speaking) of unaffiliated Masons who are beheved to be able to bear their proportion of the general burden, but who in a great measure escape it by neglecting or refus- ing to keep up membership in a Lodge. This is felt to be so great an injustice, that in many jurisdictions it is called a Masonic crime, and many Grand Lodges have sought to punish it as such — attempts which have thus far been but moderately successful ; prin- cipally because there has been no unity of action or sentiment on the question, a result in a great mea- sure due to a foolish spirit of exclusiveness, which prevents Grand Lodges from mutual consultation and action on subjects in which all alike are interested. Some of the legislation, too, has been of a character to effect the very reverse of what was intended. Men wiU not always be forced to do right ; on the con- trary, the very effort to do so produces, in a majority of cases, an aggravation of the evil sought to be rem- edied. Certain disabilities are, however, now admitted to be the consequence of non-affiliation, and Masons thus situated are, it is agreed : Not entitled to claim relief from the funds of the Lodge or Grand Lodge. MASONIC JURISPRUDENCE. 207 Not entitled to visit any Lodge more than twice while they remain non-members. Not entitled to join in Masonic processions. Not entitled to the honors of Masonic burial. They nevertheless remain subject to the general rules of the Fraternity, and may be tried and pun- ished for an infraction of them by any Lodge within the jurisdiction of which they may happen to be. They may, when in true and imminent danger, ask assistance in the usual method, and a Mason must respond, because in such case he cannot stop to ask questions, which might also be the case with an ex- pelled or suspended brother. Whenever the Craft generally unite in considering a non-contributing drone as no Mason, and refuse him the privileges of the Lodge, except one visit to enable him to select one in which he can affiliate, the number will grow less ; but while, as at present, they are frequently allowed to visit the same Lodge many times, it is probable that the army of those who be- grudge the pittance necessary to maintain active membership will continue to increase. 208 PRINCirLES AND PRACTICE OF CHAPTEE VII. If any one were disposed to claim for Masonrj% or for Masons, anything not rightfully belonging to hu- manity, and subject to its frailties and short-comings, the caption of tliis chapter ought to dispel the illu- sion. It is at once an acknowledgment of our falli- bility and an assurance that, recognizing the infirmi- ties of human nature, we have prepared to deal with the erring, not harshly, nor at the behest of arbitrary will, but firmly, mercifully, and in the spirit of im- partiality ; meting out justice to the guilty without fear or favor, but governing our investigations by that charitable principle of the common law which regards every man as innocent till he is fairly proved guilty. This was not always so ; for the period is not very far in the past when it was held that, as a Mason's reputation, like that of the Eoman matron, should be above suspicion, so the very fact of charges being preferred against him was the signal for his loss of caste, and he was called to prove his inno- cence before his guilt had been estabHshed. So mon- strous a proposition carried with it its own (^ondem- MASONIC JURISPRUDENCE. 209 nation, and in the more just and liberal views that now prevail we see that while the world moves Ma- sonry moves with it. It is a matter of frequent com- plaint, that the administration of the penal laws of Masonry is too complicated for the general compre- hension, and that, with the aid of a lawyer, even the guilty may escape merited punishment. There is not, however, sufficient ground for the complaint ; for in our somewhat extensive experience in such matters we have not met with such a case. We liave known instances where the brethren, feeling a moral certainty that an accused brother was guilty, have murmured because they were not allowed to declare him so, in the absence of all legal proof ! And the brother acting as counsel has been severely and un- justly criticised for standing between his cHent and any such unlawful conclusion. It is a very common mistake of men unused to legal proceedings, to adopt the convictions of their own minds as to the guilt of a brother under charges, without any regard to the production of such evidence as would lead a to- tally unbiased person to the same conclusion ; and these are the ones most likely to regard the forms of law as irksome and intricate, because apparently delaying a decision to which they arrive without any form at all. We need not detain the reader with argument to refute so untenable a position, but con- 210 PRINCITLES AND PRACTICE OF tent ourselves with saying, for the sake of many good brethren who do not seem to comprehend the value of judicial proceedings, that the rights of a Mason are sacred ; that he not only has a right to their enjoyment, but a claim to the assistance and protection of all other Masons in maintaining them ; and hence, that he can only be deprived of them on the clearest proof, and being afforded every fair op- portunity to establish his defence. The Penal Code of Masonry has three divisions ; Masonic Offences, Masonic Trials, and Masonic Pun- ishments; connected with which is the subject of Restoration. We will notice them in the order here named. SECTION I.-MASONIC OFFENCES. The first of the Ancient Charges informs us, that : "A Mason is obliged, by his tenure, to obey the moral law ;" and this may be said to be the key to all the requirements for the conduct of the brethren. The moral law is the first of all laws, because it in- cludes the law of God, and to violate one is to vio- late both. The rights and benefits of Masonry are conferred on a profane, under the beHef that he has a good moral character and standing in the commu- nity, and that the manner of life which has acquired MASONIC JURISPRUDENCE. 211 sucli a character for liim will be continued when, having been admitted to the Fraternity, he shall be- come an exemplar of its teachings. It is on this con- dition, or as it is technically called, " tenure," that he is permitted to enter the Temple ; on it that he is allowed to enjoy the privileges of the Craft and claim its protection when needed ; by his observance of it that he can really say that he is a Mason, or that he can be qualified to sit in judgment on his brethren who yield to temptation. And therefore we say, that an offence against the moral law is an offence against Masonry ; for Masonry is, and from the very nature of its constitution can only be, a system of morality. It therefore follows, that a Mason who indulges in the vices of profane swearing, habitual intoxication, or others that subject him to contempt, and bring shame and disgrace upon the Fraternity, represented in his person, or who wilfully violates the solemn sanctions of his covenants, is a Masonic offender. Some of these offences are naturally more venial than others, and subject to a much less penalty on conviction, and in those cases it is held that the dis- cipline of the Craft cannot be exercised till the of- fender has been admonished by the Master or War- dens, as provided in the ninth of the Kegulations < »i' 1721. We regard this as a very important rule, not only as being in the oldest written law, but because 212 PRINCIPLES AND PRACTICE OF it exemplifies the spirit of Masonry, which, like "true charity, is long-suffering and kind, and seeks to ex- haust the influences of brotherly love before resort- ing to sterner proceedings. There are offences against the moral law which are so heinous in their nature that to dally with them by remonstrance or admonition would almost be to approve them ; in such cases, proceedings should be instituted and carried _to conclusion without other than the necessary legal delay. Violations of the Masonic law — as, wilful disobe- dience of the constitution or the by-laws of a Lodge ; Masonic intercourse with a clandestine Lodge or Mason, or with a suspended or expelled brother; defrauding a brother Mason ; embezzling the funds of the Lodge or Grand Lodge ; violating the unwrit- ten landmarks ; refusing obedience to the lawful com- mands of a Masonic superior ; wilfully neglecting or refusing to obey a summons, are offences in Masonry which subject the offender to punishment of greater or less severity, according to the circumstances of the case. In all these instances, and many others that might be enumerated, a discreet Master will mark out a course to be pursued with greater accu- racy than could be accompHshed by any general rule we could frame. Violatiag the law of the land is necessarily a Ma- MASONIC JUKISPRUDENCE. 213 sonic offence, because the offender in disgracing him- self also disgraces the Fraternity, the whole Craft receiving blame for the acts of the individual. In such a case, charges are to be preferred as though no trial had taken place before the civil tribunal ; but it is not necessary that aU the evidence should be re- peated. The testimony of two brethren who were present at the civil trial, and who certify the general tenor of the evidence, will be sufficient ; or, where the accused is abeady convicted of a felony, the of- ficial record of such conviction will be sufficient evi- dence for the prosecution. In deahng with such cases, a distinction is to be made between felonies and misdemeanors. Felonies entail personal disgrace and loss of character, while misdemeanors may be the simple neglect of a corpo- ration ordinance entailing a trivial fine. The best of men may be comdcted of such an offence without dis- grace. Pohtical offences cannot be made the subject of Masonic discipKne, because Masonry takes no cogni- zance of pohtical differences. " So that if a brother should be a rebel against the State, he is not to be countenanced iu 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 214 PRINCIPLES AND PRACTICE OF 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."* Rehgious differences, especially in coimtries where ecclesiastical powers are recognized by the State, are subject to the like rule for similar reasons. SECTION n.-MASONIC TRIALS. In the whole range of Masonic topics, there is none more difficult to deal with than the one we now pro- pose to examine ; not so much from any inherent dif- ficulty in the subject itself, as because it is one about which the generahty of the Craft know Httle or noth- ing, and (in one sense it may be said) fortunately have little opportunity to acquire knowledge. For when a trial takes place, it is usually confined to the Lodge having jurisdiction, visitors being, very pro- perly, excluded ; and thus many of the brethren know nothing of the forms usual to such occasions. The judicial powers of a Lodge are, however, a part of its well-estabHshed prerogatives, and it is proper that their intention should be understood, as well as the forms by which they are accompKshed. Li a majority of Grand Lodge jurisdictions, trials are held in open Lodge ; but as in many cases it is necessary for committees to be appointed to take the * Ancient Charges, Art. IL MASONIC JURISPRUDENCE. 215 evidence of persons who could not be present to tes- tify, it will, we thiak, eventually be the general rule to name committees to take all the evidence during the recess of the Lodge, and present that evidence, with the conclusions of the committee, to the Lodge for its final action. Such is the practice ia the State of New York, and we shall here follow that model not only for the sake of perspicacity, but in the hope that a knowledge of its advantages may lead to its general adoption. The forms used we have placed in the Appendix, for the convenience of Lodges where they are the law, and for the examination of brethren elsewhere. The object of Masonic trials, Hke all oth- ers, is to demonstrate the guUt or innocence of the brother under charges, by the testimony of competent witnesses, before an unbiased tribunal, where every- thing may be done in a regular and orderly manner, and where there may be as absolute certainty as the imperfection of human natiu-e tvtU admit, that impar- tial justice win be awarded ; the accused being enti- tled to the presumption of innocence till proved guQty, and the accuser to purity of motive and sia- cerity of purpose. Trials occur either as the result of an accusation against a brother for uninasonic conduct, or to determiae controversies between Lodges or individuals. The first step in a Masonic trial is the presentation 216 PRINCIPLES AND PRACTICE OF of charges, which must be done in open Lodge, at a stated communication bj a brother in good standing (usually the Junior Warden), non-affiliated Masons and profanes not being competent to prefer charges. The charges must be in writing, and must fully specify the offence charged, together with the time and place of its commission, and must be signed by the accuser, even when presented by the Jiuiior War- den. The indictment is read in open Lodge by the Secretary, and the Lodge decides by vote whether the charges shall be accepted and the accused bro- ther be placed on trial. When decided in the affirm- ative, the Master appoints a commission of three, five or more members, to hear, try and determine the same. The next step is the service of the charges, which is done by the Secretary furnishing a copy certified by the Lodge seal, which, together with a summons directing the delinquent to appear at a time and place therein named, with his witnesses, for the pur- pose of trial, is personally served on him, or left at his residence or place of business. The time allowed between the service of charges and the trial varies according to cu'cumstances. Where the accused is a resident of the place in which the Lodge is held, ten days are generally deemed sufficient, though, for cause shown, a further reason- MASONIC JURISPEUDENCE. 217 able delay will always be granted. When the accused resides more than twenty miles from the Lodge, ser- vice is allowed by mail, and twenty or thirty days are given, and longer time when at a greater distance and out of the State. If the residence be unknown, or the dehnqnent has absconded, the Lodge may proceed ex parte and conduct the case as though the delinquent were present. When the summons is dis- obeyed, then another is issued and served, citing the accused to show cause why he should not be disci- pHned for such contempt, and in the event of contin- ued neglect, the committee may either report judg- ment for contempt, or proceed to hear the evidence as in the case of an absconding member. On receipt of the charges, the defendant should, previous to the time named for the trial, make an- swer to them in writing, in which he may either sim- ply plead not guilty, or admit a portion and deny the rest of the specifications, as to him may seem proper. The object of this is to save time in the investigation by reducing the facts requiring proof to the narrow- est possible hmits, and to avoid all extraneous mat- ters tending to complicate the trial. This suggestion will be found of great convenience in controversies between individuals or Lodges, or where charges are preferred against a Master by his Lodge, as afford- ing an opportunity for explanation and a possibility 10 218 PRINCIPLES AND PRACTICE OP of mutual arrangement, wliich ought always to be the first aim of all concerned. Where controversies arise between Lodges, or be- tween individuals or the members of different Lodges, the general custom is for the trial to be had in or by the Lodge to which the member belongs against whom charges are first made ; but though we are not prepared to say that a fair trial may not be thus obtaiued, there is nevertheless in such a course an apparent want of that strict impartiahty which is at the very foundation of justice. It therefore appears fairer that such complaints, as well as those against Masters of Lodges, should be made to the Grand Lodge, or its officers charged with that duty, and that they should select commissioners from among the Masters and Wardens of neighboring Lodges ad- mittedly free from aU bias in the premises. When charges are thus preferred, the commission make their report to the Grand officer appointing them, and their judgment is fiinal, unless the proceedings be found irregular and a new trial be ordered, or an appeal be made to the Grand Lodge. In the latter case, the delinquent remains under effect of the sen- tence tin it is legally reversed. At any time before the trial, the defendant may offer objections to the commissioners, on the score of bias, and when tliis happens they should either re- MASONIC JURISPRUDENCE. 219 sign, or be removed by the appointing power, or tri- ers be appointed and the defendant be allowed an opportunity to show cause. These things would be allowed a defendant in civil law. How much more ought it to be done when the reputation of a brother is at stake. All the preliminaries having been adjusted, the commission meet at the time and place named in the summons and organize by the appointment of one of then* number chairman, and a clerk, who need not necessarily be a commissioner. The defendant is then admitted with his counsel, if he have one. Any Master Mason in good standing may act as such counsel, but not a profane. The charges and speci- fications are read, and the case is then open. At this period the defendant may offer in writing any objec- tions he thinks proper to make, to the jurisdiction of the Lodge, to the defective nature of the specifica- tions or others. The commission will decide as to their vahdity. If the points of objection are found to be well taken, it would be useless to proceed fur- ther, because there would be a reasonable certainty that on appeal the proceedings would be reversed. If, on the contrary, they be deemed invalid, and the commission so decide, a note to that effect is entered on the miautes, and a copy of the paper is filed with the clerk as a part of » the case. It would, however, 220 PRINCIPLES AND PRACTICE OF be better, as we have already observed, that all such objections should be made in the written answer of the defendant to the charges, to be served on the commission as soon after the reception of the charges as possible, that the commissioners may have ample time to consider them before making a decision. The examination of witnesses (who are to be called before the commission, one at a time,) will now take place ; first, in behalf of the prosecution, and then for the defence. And here we may devote a moment to inquire who may be witnesses on a Masonic trial. Children of tender years, unable to comprehend the solemnity of an obHgatian ; persons of unsoimd mind, atheists ; persons who have been convicted of heinous crimes, and expelled Masons, are incompe- tent to testify. In addition to these, it should be the rule, although it is not always, that persons inter- ested in the result of the trial — that is, persons whose interests would be affected, either favorably or unfa- vorably, by the result — should not be allowed to tes- tify. Masons wives are generally allowed to give evidence on the trial of their husbands, when desired to do so ; but we think the practice an unsafe one, and one that ought to be guided by the rule in civil law which forbids such testimony. Women not thus interested, and profanes, may give evidence before a commission, but where the trial is in open Lodge, MASONIC JURISPRUDENCE. 221 they would liave to be examined by a committee named for the purpose, and in presence of the ac- cused, who has the right to propound cross-interrog- atories, and who would accompany the committee for that purpose. Lodge-books and vouchers, and certified extracts therefrom, are occasionally and properly introduced as testimony. Master Masons in good standing are of course competent witnesses, and give their testimony under the sanction of their covenants, the commission hav- ing no power to administer judicial oaths, and not being allowed to do so if they had. The accused has the right to cross-examine all wit- nesses. The general rules of evidence apply in Masonic trials, but not aU. For instance, where a brother is charged with habitual intoxication no evidence can be introduced tending to convict him of fraud, or any other crime ; nor would it be proper to attempt to ehcit such information on the examination of a wit- ness placed on the stand to substantiate the charge of intoxication. This is one of the errors into which brethren unaccustomed to legal proceedings are most likely to be led ; and more judgments are reversed on such grounds than almost any other. No attempt should, therefore, be made to prove anything nofc laid down in the charges. 222 PRINCIPLES AND PRACTICE OP The questions asked, and the answers given by the witnesses, are to be -svritten down verbatim by the clerk — first the direct, and then the cross-examina- tion ; and when the deposition of a witness is con- cluded, it should be read over to him, and he should approve its correctness by appending his signature to it. Hearsay evidence cannot be admitted ; the wit- nesses must be able to testify of his own knowledge, or not at all. A Master Mason cannot be impeached. He may be contradicted by the introduction of witnesses to prove a contrary state of facts to that alleged by him, but no witnesses can be allowed to testify that they would not beheve him under oath, as is frequently done in civil suits. If a Mason has so far lost his character as to be unworthy of behef, even when tes- tifying under oath, there must be some cause for it, and he should therefore be put under charges, tried, and excluded from the Craft ; but until these things have been done, he is entitled to the considerations attaching to regular standing. Lastly, the object of a Masonic trial is to ascertain the exact truth in regard to a charge preferred, that strict justice may govern the administration of disci- pline. No mere technicality ought to be allowed to stand in the way of producing the necessary facts, MASONIC JURISPRUDENCE. 223 and wlien such teclinicalities are insisted upon by counsel, the better way would be to note the objec- tion on the minutes, produce the facts, and leave the decision to the appellate tribunal. A Mason accused of dehnquency ought to depend on an open rebuttal of the accusation, and not upon the skilful handling of what, in common parlance, we term " legal quib- bles." During a somewhat extended observation of Masonic trials, we have always found that, as the committees are usually plain men, unacquainted T\dth the technicalities and subtleties of law proceedings, so a plain, straight-forward course is the most likely to be successful ; and, indeed, it would be a scandal to Masonry were the facts otherwise, for if a guilty brother may avoid conviction by an authorized re- sort to the chicanery of the law, then, by a parity of reasoning, an innocent one might be convicted by a similar process. To admit either proposition would be to degrade Masonry, by assimilating it to the un- fair practices of the world, and taking from its arcana the cardinal virtues which are at the foundation of its system. We shall not be misunderstood as ob- jecting to the employment of counsel in Masonic in- vestigations, for we favor such a course, on the ground that, being disinterested, they are not affected by the passions of the immediate litigants ; and further, that by their knowledge they are enabled to avoid unnec- 224 PRINCIPLES AND PRACTICE OP essary circumlocution, thus keeping the proceedings within due bounds ; but we do object, and we warn the brethren — both lay and professional — against making the result of Masonic trials dependent upon the subtleties by which reputations and fortunes are won or lost in the lottery of common law. The evidence being all in, it is then optional with the parties concerned to sum up. We have only to say, in this regard, that never having known a sum- ming up to have the slightest effect upon the result, we leave it as a matter of taste to those concerned. If the proceedings have been lengthy, the commis- sion usually have a meeting by themselves to read over the evidence and agree as to their conclusion, a majority of the commission being required to find a verdict. Having settled upon their verdict, the clerk is directed to notify the accused of that fact, and that the commission will present their conclu- sions to the Lodge at its next stated communication. At that communication the report is presented and read, together with the evidence, if required, and the Lodge then proceeds to consider the question : " Shall the finding of the commissioners be ap- proved ?" Debate is allowed, and the defendant or his counsel may be heard. The Lodge may in its discretion alter, approve, or reverse the finding. Be- fore taking the vote, however, the accused is directed MASONId JURISPRUDENCE. 225 to retire, and then the Lodge finally passes upon the case,* subject, of course, to an appeal, of which the accused is expected to give notice within such time as may be fixed by the regulations. Where, as under certain ckcumstances provided in the constitution of the Grand Lodge of New York,t the commission is appointed by the Grand Master, the report is made to him, and his approval makes it final, unless appeal be taken to the Grand Lodge within six months. Where the Deputy, or one of the District Deputies, names the commission, report is made to the appointing officer, but appeal may be taken to the Grand Master, and again to the next succeeding Grand Lodge. SECTION IlI.-MASONIC PUNISHMENTS. The penalties inflicted for Masonic offences are : Reprimand ; Exclusion, which is temporary or per- manent ; Suspension, definite or indefinite ; and Ex- pulsion. In England, fines are permitted to be levied * The manner of voting, on these occasions, differs in the vari- ous Grand Lodge jurisdictions. In some it is required to be taken by ballot. In others, viva voce ; and in others it is left to the dis- cretion of the Lodges. t Controversies between Lodges, or between individuals belong- ing to different Lodges, or where charges are preferred against the Master of a Lodge. 226 PRINCIPLES AND PRACTICE OP under tlie name of punishments ; but the sentiment of the American Fraternity being decidedly averse to them, they are held among us to be unmasouic. Reprimand is the mildest form of Masonic punish- ment, and, though it can only be inflicted after trial, is considered rather as an admonition to the oflfender for some trifling breach of the law, and as a notice of intention to preserve intact the dignity of our pro- fession. This punishment should, when possible, be admin- istered by the Master in person, and be made the occasion for reminding, not only the deHnquent, but the brethren generally, of the sacred nature of our engagements, and the certainty that they cannot be violated with impimity. ExdusioUj when temporary in its effect, is adminis- tered by the Grand Master, in the Grand Lodge, for refusal to submit to the rules of order, contumacy to the authority of the Grand Master, or, in brief, for any conduct not sufficiently heinous to call for in- dictment and trial, but too much so to be allowed to pass without notice. The same thing occui'S, under like circumstances, in a subordinate Lodge. A brother who is disor- derly, or contumacious — who refuses to obey the Master, or to conform to the regulations of the Lodge, may be excluded by a vote of the Lodge, or by the direct prerogative of the Master. MASONIC JURISPRUDENCE. 227 It is well to observe here, that the part of the opening ritual which strictly forbids improper con- duct, under such penalty as the by-laws prescribe, or a majority of the brethren present see proper to inflict, applies to the state of facts here cited, and not (as many erroneously suppose) to the infliction of the higher grades of punishment because an of- fence has been committed in view of the Lodge. Temporary exclusion does not deprive a Mason of any of his general relations to the Fraternity, or any of his positive rights (for the right to be in the Lodge is a qualified one, dependent on good beha- vior,) and hence, when milder remedies — as expostu- lation or reproof — fail, may be summarily adminis- tered to save the credit of the Lodge and preserve its peace and harmony ; but when an offence has been committed requiring the infliction of either of the major punishments, then the necessary forms of a trial must be had. This rule is necessary to guard against the effects of sudden passion, which may seize an assembly as effectually as a single individ- ual, and under the influence of which a stigma might be attached to an innocent man that no after repent- ance could altogether banish. Moreover, if it were in the province of a Lodge to deprive a brother of all his rights in a summary manner, there would be no safety for the minority ; for where absolute powev 228 PRINCIPLES AND PRACTICE OP exists, the apology for its exercise is rarely difficult to find. Let it be admitted, too, that where a grave offence has been committed in the very presence of a Lodge, the result of a formal trial must necessarily be a foregone conclusion. Still, it is better and more Masonic to guard against the possibility of error or misunderstanding by adhering to the forms of trial, and thus dispensing justice without the semblance of passion. It is true that temporary exclusion might be ordered by the Master without due reflection or adequate cause, but at the worst the excluded bro- ther would lose nothing but the pleasure of a single evening in the Lodge, while, on his complaint to the Grand Master, a more than compensatory justice might be awarded to the hastily-acting Master or Lodge. Not much danger, however, is to be appre- hended from this source ; for during an active par- ticipation of twenty years in the affairs of Masonry, we have never known of a case. The principle, how- ever, remains the same. Permanent exdtmon was formerly the polite term for expulsion ; but it is now better known as striking from the roll — a process by which a brother is sum- marily deprived of his rights of membership in a particular Lodge, without trial, and often without notice. This practice, which is gradually making its way among the Grand Lodges, commenced about MASONIC JURISPRUDENCE. 229 the year 1851, and was intended by tlie authors to ajfford a milder way of dealing with unwilling or neg- ligent contributors to the Lodge funds than the former one of suspension, it being held that no gen eral deprivation of rights ought to follow mere re missness in paying dues. The remedy has, however, proved many times worse than the original disease ; for a brother stricken from the roll is not only de- prived of his membership in his own Lodge, but also of that of affiliating elsewhere, should he be so in- clined, because when attempting such affiliation he cannot show an honorable discharge from his first membership, and cannot therefore be admitted to the new one. Striking from the roll is frequently resorted to when it is desired to get rid of an obnox- ious member against whom no charges can be found, and he is thus driven into the ranks of the non-affil- iated, with a moral certainty that he will remain there. We fully concur in the general sentiment, that no act of suspension should be allowed for non- payment of dues only, and we think that all the re- quirements of justice could be answered by excluding from all the rights and benefits of his own Lodge any brother who, after due notice, neglects or refuses to pay his dues (when one year in arrears), condi- tioned that payment of the amount due at the time of exclusion, if tendered within one year from that 230 PRINCIPLES AND PRACTICE OP date, should operate his restoration to his former status without other action ; and if more than a year had elapsed, that then the Lodge, on receiving the amount due, should gi'ant an honorable discharge ; provided, of course, that no charges are pending. Lodge dues are a legitimate source of revenue, and a much better dependence than initiations for the means to meet current expenses. It is therefore proper that Lodges should have reasonable power to enforce payment, but still, one that when used should not be a worse offence in Masonry than the delin- quency against which it is leveled. Definite Siispensu»i is the first really serious pun- ishment inflicted by Masonic law, because, while in operation — whether the period be one year or one day — the suspended brother is deprived of all his Masonic rights but one, and that is the right to re- sume his place in the Craft when the suspension ex- pires by its own limitation. If it were otherwise, it would not be definite, because the Lodge, if required to act, might refuse a reinstatement, and thus the suspension would be indefinite. But the name of the penalty sufficiently determines its character, and no argument is needed to show that if a brother is suspended for six months he cannot be suspended one moment longer without new charges, and a new trial for some other offence than that just expiated by the six months' suspension. MASONIC JURISPRUDENCE. 231 Indefinite Suspension is technically considered a higher grade of punishment than where the exact period is specified in the sentence, because in this case a vote of the Lodge is necessary to restoration ; but practically it is less severe, for we incHne to the opinion that a motion to take off an indefinite sus- pension would be in order at any meeting after the promulgation of the sentence. The very terms of the penalty would seem to indicate that by naming no time the Lodge reserved a right to terminate the punishment at pleasure. Beyond this, there is no difference in the two grades. A Mason definitely or indefijiitely suspended is — while the penalty operates — deprived of all his rights and privileges as effect- ually as if he had never been initiated. Expulsion is the highest penalty known to the Ma- sonic code, and when inflicted absolutely severs all connection between the brother and the Fraternity, for which reason it has been aptly termed Masonic death. This penalty is only inflicted for the most flagrant infractions of moral or Masonic law, and when pronounced by a Lodge is conditional until af- firmed by the Grand Lodge, if appeal be taken against it within the time prescribed by the local regulations. If no appeal be taken, no confirmation is needed, because the dehnquent may then be said to accept the terms of the sentence. By expulsion, a Mason 232 miNCirLEs and mACTicE of not only loses his own rights, but his family is there* by deprived of all claim upon the assistance and pro^ tection of the Fraternity. This penalty should only be inflicted after serious deliberation, and when it is beheved that the pres- ence of the offender in the Society will produce greater evil than his reformation could be expected to effect good. A question here arises as to what vote is required to suspend or expel. Keasoning by analogy, wo should say that, as in the first Grand Lodge, all questions were decided by a majority vote, so, in the present day, the same general rule ought to apply ; but we find a great diversity of opinion existing on this point. Some Grand Lodges require a two-thirds vote ; others — New York among the number — a ma- jority. As in various other matters, therefore, the decision will be governed by the regulations of the local Grand Lodge. Notice of suspension or expulsion is usually sent to the neighboring Lodges, and always to the Grand Secretary ; but care must be taken that no publica- tion is made to others than Masons ; to avoid which the notices should be in writing. Lastly, it is now universally admitted that while expulsion or suspension, when inflicted by the au- thority of symboKc Masonry, debars the brother MASONIC JURISPEUDENCE. 233 thus dealt with from all the rights he may have as a Koyal Arch Mason or Eoiight Templar, the same penalties, when inflicted by the higher orders, do not affect his standing in the Lodge, for the reason that the Chapter and Commandery rest upon the Lodge, it being an indispensible prerequisite to admission in them that the candidate shall be in good standing in the preceding degrees ; and the same quaUfication is necessary to maintain membership when acquired. When, therefore, a Knight Templar loses his stand- ing in symbolic Masonry by suspension or expidsion he no longer possesses the requisite qualifications for membership in the Commandery, and can therefore no longer participate in its labors. But the converse of the proposition does not hold good, because, while the Templar is required to have received the degrees of the Lodge and Chapter, and therefore has lawful knowledge of those bodies, the Master Mason knows nothing of the superior grades, and cannot take legal cognizance of their acts ; and hence, when the Chap- ter or Commandery expel one of their members, his standing in his Lodge remains good. If the offence for which he has been expelled in the higher body be one affecting his moraL character and standing, the same charge may be brought against him in the Lodge, and he will there be dealt with in the usual way. 234 PRINCIPLES AND PRACTICE OP SECTION IV.-RESTORATION. In the Masonic code, restoration is the act of grace, or pardon, extended to the repentant offender after sentence has taken effect, and ought not to be con- founded — as it usually is — with reinstatement, when, on appeal, the proceedings in the lower tribunal have been reversed. It is the law that when, after trial and appeal to the Grand Lodge, the sentence has been finally confirmed, and the accused indefi- nitely suspended or expelled, as the case may be, the Grand Lodge may, on petition, restore the individual to aU the general rights and privileges of Masonry, but not to membership in any Lodge ; because when the sentence is confirmed by the court of last resort, membership in the Lodge ceases as effectually as if it had never existed, and the reserved right of the Lodge to decide who shall and who shall not be ad- mitted to membership then appHes in fuU force. But, as we have already sho^Ti, when on appeal the sen- tence and proceedings in the first court (the Lodge) are reversed for irregularity or want of proof, then the sentence of suspension or expulsion goes for nothing, because it is declared by the highest au- thority that it has not been legally pronounced, and therefore not pronounced at aU ; and, as we have said before, the member continues the standing he MASONIC JURISPRUDENCE. 235 enjoyed before tlie charges were preferred ; which standing had been attacked but not injured by the irregular proceedings. In this case, it is evident that no act of restoration would be performed, because there being no loss of membership there is nothing to restore. It is true that after sentence, and during the proceedings on appeal previous to its final deter- mination, the Lodge would not allow the member to sit or enjoy any of its rights or privileges ; but it will be observed that, while the appeal is pending, the rights of the member are not lost, but only in abey- ance, the sentence of the Lodge being always subject to appeal, which appeal would be worse than idle if it left an unjust sentence in effect, or if, when it de- clared a brother illegally dealt with, it did not by that declaration place him in the exact position oc- cupied by him before the commencement of proceed- ings. Definite suspension requires no restoration, be- cause as a brother loses his rights by a sentence for a defined period, so, when that period expires by its own hmitation, the cause of the loss ceases, and the effects cease with it. When a Lodge restores a brother who is under the effects of a final sentence of indefinite suspen- sion or expulsion, it readmits him to membership, because it reverses its own sentence and extends a 236 PRINCIPLES AND PRACTICE OP full pardon for the offence on conviction for which sentence had been pronounced. Restoration by the Grand Lodge is necesarily different, because it may take place without the knowledge or consent of the Lodge, which may stOl adhere to its original deter- mination. It also frequently happens that a Lodge may be willing that a brother suspended or expelled by it shall be restored to the rights and privileges of a non-affiliated Mason, but not again to his former membership ; in which case they allow the restora- tion to be made by the Grand Lodge, and usually join in the petition for such restoration. Here again the question occurs : " What vote is necessary to enable a Lodge to restore a brother in- definitely suspended or expelled ?" Li answer, we can state the general practice, but we cannot give any absolute rule, because there is none. It is com- monly held that a two-thirds vote is necessary to re- store an indefinitely suspended Mason, but we have never met with any one who could give a vaUd rea- son for the requirement beyond the regulations of Grand Lodges. Those bodies restore even from ex- pulsion by a majority vote, and we see no reason why a Lodge may not take off a sentence of indefinite suspension in the same way. Grand Lodge regula- tions are, however, of greater force than mere opin- ions, and Lodges must consult and be governed by MASONIC JURISPRUDENCE. 237 them, llestoration from expulsion by a Lodge re- quires previous proposal and a unanimous vote ; be- cause the sentence of expulsion, when confirmed, is Masonic death, or, in other words, absolute severance of all connection between the individual and the Fra- ternity ; and as the act of restoration puts the indi- vidual in possession of full Masonic privileges, it is necessary that the vote should be unanimous, be- cause the Lodge by restoration admits to member- ship one who had been severed from it as completely as if he had never belonged to it, or had voluntarily dimitted. Here the distinction between indefinite suspension and expulsion (which is an extremely nice one) will be made. A brother who has been sus- pended, although he is as totally debarred from the exercise of his Masonic privileges, for the time being, as one expelled, nevertheless retains a quasi connec- tion with the Society. " He is not dead, but sleep- eth." That is, the functions of his Masonic existence are not absolutely destroyed, but suspended ; and the removal of this disability would appear to require a less decided vote than in the case of the major penalty. It may be added, too, that as this penalty is inflicted for less serious offences than those re- quiring expulsion, so, in justice, it ought to require a less difficult method of restoration than unanimity. Li the act of striking from the roll, it is understood 238 PRINCIPLES AND PRACTICE OF that the member has forfeited his membership by refusal or neglect to comply with the by-law requir- ing him to pay annual or quarterly dues, and has, in so doing, violated a contract made by him on his ad- mission as a member. This is a matter belonging to the Lodge — one that does not affect the general re- lations of the brother to the Fraternity except in de- priving him of the power to aflfihate elsewhere ; and one, consequently, in which reinstatement, and not restoration, is required. If the striking from the roll is performed in accordance with the law of the jurisdiction, then the Grand Lodge cannot interfere to force the member back ; but, on the contraiy, if there has been irregularity in the proceedings, then, of course, the Grand Lodge, in reversing those pro- ceedings, reinstates the member ; because, not hav- ing been legally deprived of his rights, he is lawfully entitled to the position he occupied before the illegal act. We hope to see the day when, by general con- sent, the disabiUties arising from mere non-payment of dues may be removed by the payment of the amount of such dues ; for as a Mason, while stricken from the roll, cannot enjoy the privileges of the Lodge, neither should he be chargeable with dues during that time. CHAPTEE VIII. %\t iranJtr firist. SECTION I.-THE FORMATION OF GRAND LODGES. Our readers cannot have failed to observe that we have studiously avoided aU reference to authorities of an earlier date than the charges and regulations of 1721, which we consider as sufficient for all the purposes of the present system of Masonic jurispru- dence. From this stand-point we feel warranted in making the assertion, that Grand Lodges, as now constituted and conducted, are a modern growth, en- grafted on the original stock at the revival of Ma- sonry in 1717, and having no claim whatever to an existence preceding that period. We are aware that the assembly in the city of York, in 926, at which the Gothic constitutions were adopted, and others held at subsequent periods, have been denominated Grand Lodges, but the term is misapplied ; they were con- ventions or general assembhes, having no more sim- ihtude to a modern Grand Lodge than a friendly meeting of brethren would resemble the order and regularity that prevail in a formed Lodge. Eebold, 240 PRINCIPLES AND PRACTICE OF in his " Hisfoire General de la Franc-maconneriej* speaks of Grand Lodges (Haupthutten) existing in the fifteenth century, which " had independent and sovereign jurisdiction, and determined without appeal all causes brought before them." But they belonged to the Society of operative Masons or stone-dressers, to which he and others imagine the present Society of speculative or Freemasons owes its existence ; and though they may in some degree have been the mod- els, they certainly had no relation to Grand Lodges of the present day. Previous to 1717, an annual assembly and feast was held at which all the brethren who saw fit were present, and at which, when required, a Grand Mas- ter was elected ; but these meetings feU into decay until, on the accession of George I., the Masons in London resolved to cement themselves under a new Grand Master, and to revive the communications and annual festivals of the Society. Accordingly, on St. John the Baptist's day, 1717, in the third year of the reign of King George L, the assembly and feast were held, when the oldest Master Mason and the Master of a Lodge, having taken the chair, a list of proper candidates for the office of Grand Master was produced, and the brethren, by a great majority of hands, elected Mr. Anthony Sayer Grand Master of Masons for the en.suing year, who was forthwith in- JilASONIC JUBISPRUDENCE. 241 vested by tlie oldest Master, installed by the Master of the oldest Lodge, and duly congratulated by the assembly who paid him homage." This was the be- ginning of the Grand Lodge of England, from which have sprung the Grand Lodges of the world. At this meeting it was agreed, among other things, " that the privilege of assembling as Masons, which had hitherto been unhmited, should be vested in certain Lodges or assemblies of Masons convened in cer- tain 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 hereafter be deemed regular or consti- tutional." Thus was established a central authority or gov- ernment for the Fraternity, to which was committed the superintendence of the Craft, and entrusted the responsibihty of making laws for its observance and for the maintainance of its ancient landmarks ; it be- ing also specially agreed " that no law, rule, or reg- idation, to be thereafter made or passed in the Grand Lodge, should encroach on any landmark which was * Pbeston's Illustraiions of Masonry— Olivek's edition — p. 150. 11 242 PRINCIPLES AND PRACTICE OF at that time established as the standard of Masonic government."* The Grand Lodge thus inaugurated underwent, within a brief period, various modifications. Many new Lodges being formed, it was soon foimd that a general attendance of the brethren would make the body too unmeldy, and the present system of repre- sentation by the Masters and Wardens was estab- lished. The right to confer the three degrees was ceded to the Lodges, and the Grand Lodge then be- came what it is now — the supreme tribimal and leg- islature of the Craft witliin its jurisdiction. The first Grand Lodge, it will be observed, was established by the concurrent action of the brethren of the four old Lodges, acting as indi\dduals, as is evident from the fact stated by Preston, that when matters had been adjusted to the satisfaction of the brethren of the four old Lodges, they considered their attendance on the future communications of the society as unnecessary ; and, like the other Lodges, trusted implicitly to their Masters and Wardens, rest- ing satisfied that no measure of importance would be adopted without their approbation. It is now held that no Grand Lodge can be estabhshed with- out the concurrence of three or more regular Lodges previously established, and acting through their Masters and Wardens. We shall refer to this again * Pbeston. MASONIC JURISPEUDENCE. 24:3 when we come to speak of the jurisdictional rights of Grand Lodges. SECTION II.-THE POWERS OF GRAND LODGES. A Grand Lodge is now defined to be " a body of Masons in whom is inahenably vested the govern- ment and superintendence of the Fraternity within its territorial jurisdiction, and is primarily composed of its Grand officers and the Masters and Wardens, or their proxies, of the several subordinate Lodges under its jurisdiction."^ It is necessarily supreme in the exercise of all powers not specially reserved to the Lodges, and there is of course no appeal from its decisions ; but it cannot make or pass any regu- lation in derogation of the Ancient Landmarks. The powers of a Grand Lodge are : Legislative, Judicial, and Executive, which are exercised under the Hmitations above specified, but which are inop- erative beyond the pohtical limits of the country, State, or territory in which it may be located, and from which it usually derives its name — as the Grand Lodge of England, of New York, etc. Tlie Legislative powers of a Grand Lodge extend to aU matters relating to the Craft save those inherent in, and reserved to, the Lodges. The laws made by it have general effect throughout the bounds of its • Constitution G. L. of N. Y. • 244 PRINCIPLES AND PRACTICE OP jurisdiction, and its decisions are final and without appeal ; though it may, like all other legislative bod- ies, revise its own proceedings, and alter, amend, or annul them, as set forth in the thirty-ninth of the General Eegulations. In the exercise of this power, a Grand Lodge may enact a constitution and regula- tions for its own government and for the government of the Fraternity which it represents, and may alter or amend that instnmient in accordance with its own provisions. It may levy a tax on its subordinates, or require the payment of a certain portion of their revenues into its treasury, for the purpose of defray- ing its necessary expenses. It may grant warrants constituting new Lodges, by which they become com- ponents of the great Masonic family, and enact laws for their better regulation and convenience. It may establish and preserve a uniform mode of work and lectures, under sanction of the Ancient Landmarks and usages of Masonry. It may hear, and entertain or reject, all appeals, memorials, petitions, or resolu- tions that may be presented in proper form. The Legislative power of the Grand Lodge is the one which, from its nature and the habits of our peo- ple, is, in this country, most likely to be abused ; nay, the one that is already responsible for much evil. The tendency to over-legislate, common to all deliberative bodies, is becoming more apparent ev- MASONIC JURISPRUDENCE. 245 ery year ; and conservative men already foresee trou- bles arising in the future from this source. Nor can it be doubted, that the original intention of the foun- ders of the Grand Lodge system — the objects they sought to attain by yielding a portion of their rights — have been, and are constantly being, overstepped ; that the reserved rights of the Lodges are being gradually encroached upon, and the powers of the Grand Lodge correspondiiigly increased. The re- sult may be easily divined, and will manifest itself — as it has already done in some instances — in the as- sertion of a claim to sole and supreme authority in all matters relating to the Craft. It is the duty of the brethren at large to counteract this evil tend- ency, and maintain their reserved rights intact by a more careful scrutiny of Grand Lodge doings, and by instructing their representatives so that they shall, when in Grand Lodge, represent their constituents rather than themselves. There is also a minor evil growing out of excessive legislation which is simply annoying to the brethren, without producing any benefit to the institution. We refer to the mania for making laws and regulations on every conceivable topic, nine-tenths of which ought reasonably to be left to the discretion of Lodges, and the interference with which tends to exasperate them, and sets their wits at work to discover some means by which the rule may be evaded. 246 PRINCIPLES AND PRACTICE OF As a matter of right, tlie legislation of a Grand Lodge ought always to be prospective in its action ; retroactive, or ex post /ado, laws being regarded in all communities as unjust, oppressive and destructive of the rights of communities and individuals. The Judicial powers of a Grand Lodge are of two kinds : original and appellate. Original judicial power is exercised by the Grand Lodge in the trial of charges against any of its officers for malfeasance in office, except the Grand Master ; in the settlement of controversies between Lodges, or between indi- vidual members of different Lodges, or in the trial of a Master of a Lodge against whom charges are preferred. It also may assume original jurisdiction in cases which come before it on appeal, by increas- ing the penalty awarded by the original court. It also exercises original jurisdiction in the forfeitm-e or revocation of warrants, which generally results from evil practices on the part of the Lodge, which is therefor put on trial. As one Lodge cannot en- tertain charges against another, and proceed to try them, it necessarily follows that the Grand Lodge, being the common superior, is the appropriate tribu- nal for the trial of such cases. "Warrants thus for- feited may of course be returned by the Grand Lodge at its pleasure. The judicial powers of the Grand Lodge are, however, most frequently exercised in the MASONIC JURISPRUDENCE. 247 decision of appeals from the individual members of tlie Fraternity against tlie action of their Lodges, or the decisions of their Masters, and its decisions are final and binding on the parties, because there being no Masonic authority superior to the Grand Lodge, it is the court of last resort. Tlie Executive poivers of a Grand Lodge are those in the exercise of which it administers the laws and enforces the decisions made by it in its legislative and judicial capacity. And whatever may have been the practice in former days, it is now certain that they are exercised for no other purpose. While, how- ever, a Grand Lodge, when in session, confines its action to the administration of the laws it has enact- ed, there can be no doubt that it may extend the sphere of its action, by a change of its constitution, to all matters not in absolute derogation of the inhe- rent rights of Lodges. Thus, if there were no con- stitutional impediment, it might initiate, pass, and raise a profane, because it is the authority from whence the subordinates derive their right to make Masons ; but it could not make the brother it raised a member of any Lodge, for that is an inherent pre- rogative of the Lodges themselves, with which the Grand Lodge cannot interfere. The executive power of a Grand Lodge is, how- ever, in a great degree entrusted to the Grand Mas- 248 PRINCIPLES AND PRACTICE OP ter, and by him exercised during the recess — a ne- cessity arising from the fact that the Grand Lodges of the United States, with perhaps two or three ex- ceptions, having by common consent aboHshed Quar- terly Communications, meet annually only. These meetings seldom last more than three or four days ; so that for three hundred and sixty days in the year the administration and execution of the laws is en- trusted to the Grand Master ; and the probability is that, all things considered, the laws are more care- fully executed by him than they would or could be by the Grand Lodge. The Jurisdictional rights of a Grand Lodge do not extend beyond the bounderies of the country. State, or territory where it is located, except where a coun- try is Masonically vacant ; that is, having no Grand Lodge established in it ; in which case all the Grand Lodges in the world have concurrent jurisdiction there, so far as they may deem it proper to be exer- cised ; so that in a vacant territory one or a dozen Grand Lodges may charter subordinates, and each would be equally justified in so doing. "When, how- ever, a majority of the subordinates (being not less than three in number) choose to establish a Grand Lodge, then the territory is occupied ; and not only are Grand Lodges in other States or countries for- bidden to exercise any powers in the ierritory occu- MASONIC JURISPRUDENCE. 249 pied by the new Grand Lodge, but their subordi- nates (if any) that may have refused to unite in the formation of the Grand Lodge, are to be withdrawn or left subject to the disposition of the local author- ity."* It is the assertion of this doctrine that has been, and still is, the cause of difficulty between the Grand Lodges of New York and Hamburgh. The latter body, not content with superintending the af- fairs of its own jurisdiction, has thought proper to create new Lodges owing fealty and obedience to it, but located in the State of New York, and therefore within the bounds of the lawful Grand Lodge of that State. The Grand Lodge of New York very properly objects to this invasion of its territory, because : 1st. It was the first to occupy the jurisdiction now occu- * A case in point occurred in the Grand Encampment of the United States, in 1859. That body had established subordinates in the State of Michigan to the number of' four. Three of these subordinates united in forming a State Grand Commandery, but one refused to do so, and claimed the right to continue its alle- giance to the Grand Encampment of the U. S. The Committee on Jurisprudence reported : " That in all the branches of Masonry in this country the law obtains that a State Grand Body has sole and exclusive jurisdiction within the limits of the territory it occu- pies. There can be no divided jurisdiction, nor can any authority give legal existence to a subordinate in contravention of the will of the State Superior." Whereupon it was resolved : "That the Grand Commandery of Michigan, from the date of its formation, has of right exercised sole and exclusive jurisdiction over all sub- ordinates in that State. " 250 PRINCIPLES AND PRACTICE OF pied by it — its existence antedating the political formation of the State. 2d. That occupation has been continuous to the present moment ; and 3d. Because the Grand Lodges of the world, Hamburgh excepted, agree that every Grand Lodge has sole and exclusive jurisdiction within the limits of the ter- ritory in which it is located ; and hence, that no Grand Lodge has the shadow of a right to plant Lodges in the territory of its neighbor without its consent. If, therefore, the difficulty is ever adjusted, it must be by the Grand Lodge of Hamburgh retir- ing from its unjustifiable and unfratemal violation of an universal law. "We have already spoken of Lodge juiisdiction in its appropriate place. That jurisdiction is restrained or extended by Grand Lodges, especially in the mod- ern rule forbidding the iiiitiation of non-residents. Having abeady given the reasons for its adoption, it is only necessary to say that although accepted as a law by the Grand Lodges of the United States, it is not generally so in Europe. The probabiHty is, however, that in the progress of time it will become universal. CHAPTEE IX. %\t (§XMii ®ffxttx$. In all Grand Lodges and Grand Orients there is a Grand Master, but the remaining officers vary in ti- tle, number and prerogative according to the customs of the country, the rite practiced, or the supposed necessities of the Grand Body itself. Thus, in Eng- land there is a Deputy Grand Master and Provincial Grand Masters appointed by the Grand Master, and in some cases a " Pro. Grand Master, who can only be appointed when the Masonic throne is occupied by a prince of the blood royal. And to be quahfied for the situation it is requisite that his worldly rank be commensurate with the dignity of the office and the representative of royalty. He must, therefore, be a peer of the realm, as weU as the Past Master of a Lodge. His collar and jewel, like his authority, must be precisely the same as that of the Grand Master ; and in case of a vacancy, he actually as- sumes the office until the next annual election."* In France there is no Deputy Grand Master, but in his place several assistant or acting Grand Masters, who form the council of the Grand Master, dispose of the routine business of the Grand Orient, and preside at * Oliteb. 252 PRINCIPLES AND PRACTICE OP its meetings in the absence of the chief officer. In the United States, where all the Grand Lodges pro- fess to be of the so-called "Ancient York Eite," the officers are : A Grand Master (whose style is Most Worshipful). A Deputy Grand Master. A Senior Grand Warden. A Junior Grand Warden. A Grand Treasurer. A Grand Secretary. A Grand Chaplain. A Grand Marshal. A Grand Standard Bearer. A Grand Sword Bearer. Two or more Grand Stewards. A Senior Grand Deacon. A Junior Grand Deacon. (All of whom are styled Eight Worshipful.) A Grand Pursuivant. A Grand Tyler. (Who are styled Worshipful.) In some Grand Lodges there is a Grand Orator, a Grand Lecturer, and District Deputy Grand Mas- ters, and in others no Grand Pursuivant. In Penn- sylvania the Grand Master is styled Eight Worship- ful, and the remaining officers Worshipful. These variations are of no particular importance other than MASONIC JURISPRUDENCE. 253 affording proof of an unfortunate tendency to lose sight of that uniformity which ought to characterize our institution in all its doings, and to which, we ap- prehend, our successors will wish we had paid more attention. Let us now examine the powers and duties of the several Grand officers above enumerated. THE GRAND MASTER. Like the King, in monarchical countries, the Grand Master never dies. That is to say, the office, its pow- ers and prerogatives, remain intact whatever may become of the individual who, for the time being, is their custodian ; and hence, the acts of a Grand Mas- ter survive his tenure of office, and pass to his suc- cessor, to be by him maintained or reversed as cir- cumstances may to him appear to require. The office of Grand Master has always existed. In all the history and traditions of the Craft, we can find no time when the Fraternity was not governed by a chief officer styled a Grand Master. His office is, therefore, not a creation of the Ancient Charges and regulations, nor of any modern constitution. And yet, while his prerogatives are in some things beyond any control but that of the Landmarks, it is not in all, from the fact that since the formation of Grand Lodges, the government of those bodies and of the 254, PRINCIPLES AND PRACTICE OP Fraternity owing them allegiance is founded on writ- ten constitutions, wliich the Grand Master, in com- mon ^-ith the humblest Mason under his jurisdiction, is bound to observe and respect. Indeed, he enters into a solemn engagement at his installation, that he will do so, and he therefore waives, to that extent, his unlimited prerogatives. It wall be found, more- over, that the commonly received notion that there can be no appeal from the decision of the Grand Master is not strictly true ; for on examining the transactions of Grand Lodges, it will be seen that the judgment of the Grand Master is overruled, and that to do otherwise would be, in fact, to admit his entire freedom from the weakness of human nature — a proposition too absurd for argument. The sov- ereignty, as we have repeatedly said, is in the Craft at large, and by their delegation is exercised by the Grand Lodge as their agent ; and the final decision of a case by that body, in annual communication, is in reality the only one from which there is no appeal It is true, that during the interval from one session of the Grand Lodge to another, its executive powers are vested in the Grand Master, and all the high pre- rogatives of his office are then in full force ; but they are exercised by him on the condition of a review by the Grand Lodge, whenever a majority of its mem- bers think proper to exercise that right. Tliis re- MASONIC JURISPRUDENCE. 255 served power of the Grand Lodge is distinctly seen in the nineteenth article of the Regulations of 1721. " If the Grand Master should abuse his power, and render himself unworthy of the obedience and sub- jection of the Lodges, he shall be treated in a way and manner to be agreed upon in a new regulation ; because hitherto the ancient Fraternity have had no occasion for it, their former Grand Masters having all behaved themselves worthy of that honorable of- fice." Here we observe the distinct assertion of a power to exercise discipline over the Grand Master, in any w^ay that may be agreed upon in a new regu- lation, and that if the power has not been exercised, it is because the brethren chosen to the responsible station of Grand Master have so demeaned them- selves as not to require it. But of the right there can be no question. Now, if the Grand Master can be put on trial, he can— the proof warranting — be expelled from the rights and privileges of the Craft ; and it follows that the same power that may disci- pline him, may also exercise the lesser act of sover- eignty in reversing his decisions. We may be ac- cused of taking an extreme view, and dispelling certain illusions that have hitherto been maintained, but we disclaim any such intention, and seek only to bring about a proper understanding of the real pow- ers of the officer of whom we are treating. We should 256 PRINCIPLES AND PRACTICE OF be the last to lower the popular reverence for our chief officer, but we deem it well that his true posi- tion should be understood, both for the sake of the officer himself and for that of the Craft imder his authority. Whatever, therefore, may have been the original powers of the Grand Master, there can be no doubt but that those powers are now in some things amenable to the provisions of Grand Lodge constitutions and legislation, and that every Grand Master accepts office with a proviso that he will not only enforce the laws and execute the legislative acts of the Grand Lodge, but that he mil do so under the sanction of those laws and acts ; or, in other words, that while he exacts obedience from others, he will furnish a proper example by himself obeying the laws he executes. There are, of course, some of the powers belonging to the Grand Master which are in themselves land- marks, and therefore not subject to legislation ; but even these have yielded to the force of pubUc opin- ion, as will be seen in the following enumeration of the prerogatives of the Grand Master. 1. To convene the Grand Lodge at any time he may in his discretion deem proper. This is pre- cisely the same power exercised by a Master of a Lodge, and is subject to the same restriction ; name- ly, that the meetings thus called are but special or MASONIC JURISPRUDENCE. 257 emergent meetings, at whicli no business affecting the general interests of the Craft can be transacted. The stated meeting of the Grand Lodge is its An- nual Communication, which meeting is always pro- vided for in the constitution or regulations, and is therefore not subject to the caU of the Grand Master, nor has he any power to change it ; for if he had such power, and should exercise it, then the meeting would not be the Annual Communication, and the usual business of that session could not be lawfully transacted. At the Annual Communication, too, the order of business is generally fixed by regulation, which the Grand Master cannot change of his own authority, because he has agreed to observe and en- force the regulations of the Grand Lodge. 2. To preside at all meetings of the Grand Lodge, whether stated or special. Although installed and proclaimed the Grand Master of Masons, his rela- tions to the Grand Lodge are the same in this re- spect as those of a Master to his Lodge. He is there- fore, by virtue of his ofiice, the presiding officer, and it is the law that while so presiding there can be no appeal from his decision to that of the Grand Lodge — a law which, though generally observed, has its exceptions ; usually effected, it is true, by indirec- tion, but effected none the less. 3. To summon any Lodge in the jurisdiction, to 258 PRINCIPLES AND PRACTICE OF preside therein, and to require an account of its do- ings. This is one of the undoubted prerogatives of the Grand Master — one that is free from any restraint but his own judgment, and one that is in keeping with the nature of his office and the general princi- ples of the society, which make him the overseer of the Craft and necessarily clothe him mth aU the power requisite to an efficient discharge of such im- portant duties. 4. To grant his letters of dispensation for the formation of new Lodges under such restrictions as may be provided in the constitution of his Grand Lodge. As, for instance, it is provided in the consti- tution of the Grand Lodge of New York, " that no dispensation to form a new Lodge shall be issued within three months of the Annual Communication," that a certain fee shaU be exacted, and that certain recommendations should accompany the petition. Now, it is true that the Grand Master might disre- gard all these requirements and issue his dispensa- tion to form a new Lodge, which would have to be respected till the next Annual Communication of the Grand Lodge ; but it is clear that the body would not sanction so palpable a violation of its statutes, even at the hands of the Grand Master — that hence it would refuse to recognize the new Lodge or its work, and therefore the Grand Master is boimd, as MASONIC JUEISPBUDENCE. 259 an act of justice to the petitioners and in view of Ms own covenants, to respect the regulations that are made by his Grand Lodge. The Grand Master of England grants a full warrant, but the sanction of the Grand Lodge is required to complete the stand- ing of the Lodge, so that in reality there is but the difference of a name between the acts of the English Grand Master in constituting a new Lodge and that of an American Grand Master in issuing his dis- pensation to effect the same purpose. The real exercise of power in this respect being the right vested in the Grand Master to withhold his dispen- sation ; in which case it would, as a general thing, be folly on the part of the petitioners to expect a warrant from the Grand Lodge. Dispensations are likewise granted by the Grand Master for various purposes ; as — to shorten the interval between the degrees, for processions, and other purposes ; but generally, if not always, in accordance with the re- quirements of the general regulations of the Grand Lodge. 5. To constitute new Lodges and instal their offi- cers when a warrant has been issued by the Grand Lodge. • This appears to be an independent power, for it is conceded that the warrant is of no effect un- til the Lodge has been duly constituted and its offi- cers installed — the power to do which is vested in 260 PRINCIPLES AND PKACTICE OP the Grand Master, and can only be exercised by him or by his duly appointed agent or proxy. So, too, in the laying of corner-stones and the dedication of Ma- sonic halls, the Grand Master acts by the inherent authority of his office. 6. To arrest the charter of a Lodge, or to suspend the Master or any of the officers from the functions of their respective stations imtil the annual meeting of the Grand Lodge. Under the constitution of the Grand Lodge of New York the Grand Master may absolutely suspend a warrant, and with it, in his dis- cretion, all the members of the Lodge ; but this is an exceptional case, the general rule being that the Grand Master simply arrests the powers of the war- rant for the time being, without in any way affecting the vaHdity of that instrument ; that is, he forbids any further meetings of the Lodge, or the transac- tion of any business by it, until the next Annual Com- munication of the Grand Lodge ; but if at that an- nual meeting the Grand Lodge should fail to take action, the warrant would instantly become valid, and all the lawful powers accruing under it would at once inure to the Lodge, as completely as if no ar- rest had taken place. This prerogative is therefore but a part of the executive or supervisory power vested in the Grand Master during the recess of the Grand Lodge, and is exercised by him as the agent MASONIC JURISPRUDENCE. 261 of tlie body and subject to such action as may appear judicious to it, when the facts are presented in the annual report of the officer. The recall of a Lodge under dispensation would of course be a finality, be- cause the process of creating a Lodge not having been completed by the vote of the Grand Lodge au- thorizing a warrant of constitution to issue, the Lodge would not have taken its place in the great family, nor would it be entitled to the immunities and privi- leges belonging to a regularly warranted and duly constituted Lodge. 7. The right to make Masons at sight. This is undoubtedly an inherent and inalienable prerogative of the Grand Master, accorded to him by the Ancient Landmarks, and therefore not to be affected by any legislation of the Grand Lodge, except in so far as he may be wiUing to be advised by the lawfully ex- pressed will of the brethren,"* but is one which is seldom exercised, and one that will gradually become a tradition by the growing force of opinion, which is rapidly being educated into a belief that there should be but one entrance to the fold and that all aspirants should pass through it in like manner and under * Tlius, in 1861, a resolution was passed by the Grand Lodge of New York, requesting the Grand Master not to issue dispensations to authorize the conferring three degrees on a candidate at one meeting (which is in reality making Masons at sight), since which time no such dispensation has been issued. 262 rRINCIPIJIS AND PRACTICE OF similar restrictions. This prerogative has been the subject of a vast amount of discussion within a few years past, the net result of which seems to be a general concurrence in the opinion that the Grand Master may make Masons at sight, but that he must do so in a regular Lodge. The proviso, however, amounts to nothing, for the Grand Master certainly has power to do in person what he can authorize others to do by his dispensation, and as no one will dispute the right of a Lodge U. D. to make Masons, it follows that any six Master Masons summoned by the Grand Master to assist him, would, with himself, be to all intents and purposes a regular Lodge, con- vened at the wUl of the Grand Master and dissolved by a stroke of his gavel, when the purpose of its meeting had been accomplished. The restriction is therefore but an indication of the general sentiment, that Masons ought not to be made at all, except in the way provided in the old regulations ; that is, by previous notice, due inquiry, and after imanimous acceptance by some regular Lodge, at a stated com- munication. It has been well said by the M. W. John L. Lewis : " There is no conceivable case which, to my mind, presents a necessity for the exercise of the power. It ever resolves itseK into a question of convenience. Going upon a voyage or a long journey leads to the inquiry why the petition was not made MASONIC JURISPKUDENCE. 263 in a proper time before the voyage or journey was undertaken. If a return be contemplated, then the petition can await the return. The dispensing power which arrests the requirements of written constitu- tions, nay, of landmarks, cannot be a landmark itself, and should be exercised with caution. Every candi- date should pass the investigations of a discreet com- mittee and the scrutiny of a secret ballot, before admission to the portals of our Temple. " Making Masons at sight" leads to hasty and imperfect work — to half-comprehended and confusedly-received in- struction, and. frequently to differences among breth- ren. It is the fruitful source of complaint where these hastUy-made Masons go. The exercise of the power is asked always from seMsh, not to say mer- cenary motives ; for the avowed object is always some personal advantage to the appHcant. It rarely benefits the candidate who thus receives the degrees, and its refusal can rarely injure him. The rush at the gates of the institution is sufficiently great with- out the action of Grand officers to smooth the way.'* Few Masons having the good of the Craft at heart will dispute the truth of the words here quoted ; and it is to be hoped that the day is not far distant when, by common consent, making Masons at sight will be among the things heard of but not seen. 8. The power to heal irregularly-made Masons. 264 PRINCIPLES AND PRACTICE OP Having occasion, a few years since, to investigate this topic in an official capacity, we found two ques- tions presenting themselves for solution. First — What is healing ? and secondly. By what authority is it to be performed ? We found great diversity of opinion among those we had always looked to for authority, and, after much correspondence and dis- cussion, finally arrived at the conclusion that to heal is in reality to remake the irregular Mason — abbre- viating the ceremonies, omitting the monitorial in- struction, but giving the essentials as in the case of a profane. As this process is equivalent to making Masons at sight, it readily follows that the power to control it is in the Grand Master, and that he may exercise it in person or by dispensation to any regu- lar Lodge in his jurisdiction. 9. The right of appointment. By referring to the regulations of 1721, it will be seen that originally the Grand Master wielded an almost imlimited patron- age, in the way of appointments to the subordinate offices of the Grand Lodge. He named his Deputy and Wardens and various other officers required, ex- cept the Treasurer, who was always elected. Li England and on the continent such is the custom to this day, but in the United States the first six offi- cers of a Grand Lodge are generally made elective, while the remainder are usually appointed by the MASONIC JUEISPRUDENCE. 265 Grand Master. He likewise appoints the committees and representatives near other Grand Lodges and Grand Orients. 10. As a necessary adjunct of the appointing power there can be no doubt but that the Grand Master may, in the exercise of his discretion, summon any Grand officer before liim, require an account of his doings, and for cause suspend him from the functions of his office, or even remove him altogether. 11. By the constitutions of 1721 the Grand Master is entitled to two votes, but this is understood to ap- ply only to cases of a tie, when he gives the casting vote. It will be seen from the foregoing summary that the powers of the Grand Master are not as absolute as the popular traditions would have us beheve — that even the powers wliich are indisputably his are sel- dom exercised but in obedience to the regulations estabHshed by the Grand Lodge, and that as he is the first Mason in his jurisdiction, so he should be the most prompt in his obedience to the laws which he administers. Of the powers of the Grand Master, Dr. Oliver well says : " There are instances in which it is presumed that the Grand Master can do no wrong, because he is protected by his prerogative and justified by an appeal to the Grand Lodge. But this is a doubtful doctrine, and ought to be received 12 2GG PMNCITLES AND PBACTICE OF with caution, although it derives a negative corrobo- ration from the constitution of 1721, which admits that an abuse of power has never yet occurred, and therefore it is unprovided for by the text of Masonic law." " The Grand Lodges of the United States enter- tain adverse opinions on this point ; for while those of Maryland and Florida have pronounced that an * appeal from the decision of the Grand Master is an anomaly at war with every principle of Freemasonry, and as such not for a moment to be tolerated or countenanced,' others have promulgated a contrary doctrine ; but even these admit that the only real and practical penalty at their disposal is the free ex- pression of pubHc opinion on his presumed delin- quencies. But as the power of the Grand Master is derived from the Grand Lodge, and that body is composed of delegates elected by the private Lodges, if he should commit any flagrant act of injustice the veto of the latter will determine, at the ensuing elec- tion, whether he shall continue in an office whose li- cense he has abused by ignoring the opinions of the Craft and acting in open violation of the constitu- tions. For what is each private Lodge but a local legislature, while the Grand Lodge constitutes a vent for the collective wisdom of its members." "It is weU for the general interests of Masonry MASONIC JUKISPEUDENCE. 267 that sucli is tlie fact ; for it is a sound doctrine that the opinions of the whole united body ought to sway the counsels of their delegates, and prevent any of- fensive exercise of arbitrary power in the Grand Master." "Prejudice, partiality, or caprice, may influence the judgment of a single individual, and produce de- plorable consequences, however virtuous in intention or honorable in conduct he may be, which in dehb- erative bodies of men could never happen. Such is the security which Masons possess against the wilful aggression of their rulers." The Grand Master is required by the ancient reg- ulations, and all subsequent constitutions, to be elected annually, but it does not follow that there need necessarily to be a change at each election. The tendency is indeed the other way — especially in Europe, where it may almost be said to be a life tenure. " During the last century," says Dr. Oliver, " the prevailing custom was to change the Grand Master every year or two, in order to induce a greater number of the nobihty to enter the Order, who were by this practice furnished with an opportunity of being placed at its head, and acquiring for the re- mainder of their lives the distinguished rank of a Past Grand Master ; but for the last sixty or seventy years the office has been a Hfe appointment. Hia or fME NiVERSITY 268 PRINCIPLES AND PRACTICE OF Koyal Highness the Duke of Cambridge was elected in 1781, and held the office nine years. At his death, in 1790, His Eojal Highness the Prince of Wales was elected in his stead. He held the office twenty- three years, and when he became Prin^ Regent, in 1813, he resigned the Grand Mastership and assumed the title of Grand Patron, and his brother, the Duke of Sussex, was elected, who held the office till his death, in 1843, being thirty years. The present Grand Master was then chosen, and has filled the throne ever since." So that at present England has no Past Grand Master. Instances are not wanting, in our own country, of long tenure of office, as in the case of the late M. W. Phihp C. Tucker, of Vermont, and others ; but our bustling, active life, and the fact that our Grand Masters are usually business men, make the pohtical axiom of " rotation in office" ap- ply till it has become a rule sanctioned by custom to consider two years as about the term of service that may be required of one incumbent. The present Grand Master of France, Marshall Magnan, was ap- pointed to his station by the Emperor, without the formaHty of an election by the representatives of the Fraternity in the Grand Orient. This proceeding was evidently a pohtical couji, as the French term it, and was doubtless acquiesced in by the Craft to pre- vent worse consequences befalling them. A subse- MASONIC JURISPRUDENCE. 269 quent attempt to coerce tlie society into tlie adoption of measures that would have made it a mere puppet in the hands of the astute monarch, was, however, gallantly and successfully resisted, showing that there, as elsewhere, the brethren are not disposed to yield up the inherent sovereignty that of right be- longs to them. THE DEPUTY GRAND MASTER. Unlike the office of Grand Master, which has al- ways existed, that of Deputy is a creation of the Reg- ulations of 1721, previous to which time there does not appear to have been such an officer. As the title indicates, he is the immediate assistant of the Grand Master, and his lawful successor wh^n from any cause the Grand Master is unable ta act. The object of his appointment may be gathered from the sixteenth ar- ticle of the Regulations of 1721 : "The Grand Mas- ter should receive no intimation of business concern- ing Masonry, but from his Deputy first, except in such certain cases as his Worship can well judge of ; for if the apphcation to the Grand Master be irregu- lar, he can easily order the Grand Wardens, or any other brethren thus applying, to wait upon his Dep- uty, who is to prepare the business speedily, and lay it orderly before his Worship." 270 PRINCIPLES AND PRACTICE OP He has no powers but such as are specially con- ferred upon him by his Grand Lodge constitution, and as these vary somewhat in each jui'isdiction, it would be difficult, if not impossible, to state any gen- eral rule applying to his office. In the State of New York, the Deputy Grand Master is clothed with con- siderable power ; he may grant dispensations to cre- ate new Lodges and for conferring degrees, arrest charters, etc., but as all his acts are liable to be re- versed at any time by the Grand Master, he necessa- rily proceeds with great caution. In Minnesota, his powers are altogether latent, and only to be called into exercise in case of the death, absence, or inabil- ity of the Grand Master. Thus, a dispensation to form a new Lodge, granted by the Deputy in that State, was held to be irregular, and the Masons made under it were required to be healed. We incline to the opinion that Minnesota is right, and that the true office of the Deputy Grand Master is to prepare any business concerning Masonry that may be re- quired to be laid before the Grand Master, to act as his proxy when required, and be prepared in case of need to succeed to his functions. In the United States, the Deputy Grand Master is generally elected, but in other countries he is appointed by the Grand Master. MASONIC JUKISPRUDENCE. 271 THE GRAND WARDENS. The duties of a Grand Warden are similar to those of the Warden of a particular Lodge. They stand next in rank and dignity to the Deputy Grand Mas- ter, and succeed in order of seniority to the duties of the Grand Master when required so to do by the ab- sence of their superior officers. As in the Lodge, too, the offices of Senior and Junior Grand Warden are entirely separate, and it does not follow that be- cause the Senior Grand Warden is absent, that the Junior is to take his place, or that in the absence of the Deputy the Senior Grand Warden is to sit on the left of the Grand Master, but in case of a vacancy in either office it is to be temporarily filled by appoint- ment of the Grand Master. The rule of succession only applies, in either case, when all the superior of- ficers are absent. They have no other prerogative except that of presiding in subordinate Lodges when- ever they are present in company with the Grand Master. They form part of the cabinet or council of the Grand Master, and are always consulted in rela- tion to the business of the Grand Lodge. In Europe, they are appointed. Li this country, the Grand Lodges reserve the right of electing them. 272 PRINCIPLES AND PRACTICE OP THE GRAND TREASURER. The duties of this officer are strictly financial. He takes charge of all the properties, funds, and vouch- ers of the Grand Lodge, pays all orders properly drawn upon the money in his custody, is required to give bonds for the faithful performance of his duties, to submit his books and vouchers to inspection when- ever required by the Grand Master or Grand Lodge, and to pay over to his successor all funds, property, and vouchers remaining in his hands at the expira- tion of his term of office. The first Grand Treasurer seems to have been ap- pointed in 1727, and the duties expected of him are very fully defined in the old Regulations. He con- tinued in office till 1738, when a Grand Treasurer was elected, and since that time the office has always been filled by the votes of the members of the Grand Lodge. He is by virtue of his office a member of the body. GRAND SECRETARY. This office was first created in 1723, and has grown in importance with the vast proportions assumed by the society till now it is at once a post of distinction and a laborious charge upon its incumbent. Its du- ties are of such a responsible nature that none but X MASONIC JURISPRUDENCE. 273 men of education and refinement should accept its honors, or be elected to the discharge of its duties. As the amanuensis of the Grand Lodge, the Grand Secretary is brought into contact with brethren from all parts of the globe, and should be able by his ur- banity and courtesy to convey a favorable impression of the body he represents. He not only issues sum- mons for all meetings of the Grand Lodge and its committees, but is bound to attend them with his books when required, m order that he may impart information and take a eareful record of the proceed- ings, to be read for information at subsequent meet- ings and to be preserved in the archives for future reference. The returns of all subordinate Lodges are made to him, and he is in most jurisdictions re- quired to keep a correct registry of their members. He is to receive, duly file, and safely keep all papers and documents of the Grand Lodge, to sign and cer- tify all instruments emanating from it, to receive and keep a proper account of all moneys of the Grand Lodge and pay them over to the Grand Treasurer, and to report annually to his Grand Lodge a detailed account of his acts. la addition to his clerical du- ties, he is frequently — in this country — the chairman of the Committee on Foreign Correspondence, and is charged with the correspondence of the Grand Lodge, under direction of the Grand Master. In the 274: PRINCIPLES AND PRACTICE OP important and often delicate questions that are treated in this correspondence, great tact and dis- crimination are requii-ed, and the mental calibre of the officer is here put to its severest test. Though but limited discretion is given the Grand Secretary in recording the official transactions of the Grand Lodge, which, being presented in the form of written resolutions, reports, etc., he has little more to do than to arrange in the Order of their presentation, he may, and ought, by a proper use of the material that passes through his hands, prepare and preserve a history of the great Masonic events of his day that should have the quality of correctness and the value of being official. This office comes nearest a life-tenure of any con- nected with our Grand Lodges, the same brother be- ing generally continued in it by successive re-elec- tions as long as he chooses to serve. THE GRAND CHAPLAINS. This office, although of modern origin, the first Grand Chaplain having been appointed in 1775, has now very properly been assigned a place in all the American Grand Lodges. It is a graceful tribute to that religious principle that should underlie all great institutions, and is peculiarly becoming in our Grand Lodges, which admit the fimdamental truths all re- MASONIC JURISPRUDENCE. 276 ligions, but pay no heed to the distinctions of creed or sect, it being no uncommon thing for several Grand Chaplains to be appointed, each of whom represents a different reUgious denomination. The duty of a Grand Chaplain is to conduct the reHgious ceremonies of the Grand Lodge, as well in its usual assembhes as on occasions of pubKc ceremony. THE GRAND MARSHAL. This is an office which seems to have been created in the days when Masonic processions were more frequent than they are now, or, we trust, are ever likely to become again, and the duty of this officer — as the name implies — was to conduct them. In these days, and in such Grand Lodges as appoint a Grand Marshal, he is stationed near the Grand Master, to assist in maintaining order and observing such com- mands as may be given him by the presiding officer. He is required to take charge of processions of the Grand Lodge, should any occur. THE GRAND STANDARD BEARER. This is one of the appointed officers in some Grand Lodges, but by no means in all. His duty is to take charge of the banner of the Grand Lodge in all pub- lic processions. 276 PRINCIPLES AND PRACTICE OP THE GRAND SWORD BEARER. Like the Standard Bearer, this officer is appointed by the Grand Master. His special duty is to carry the state sword immediately in front of the Grand Master, in public ceremonials in which the Grand Lodge participates. THE GRAND STEWARDS. These officers, as imphed by their title, were form- erly charged, in conjunction with the Grand War- dens, with the preparations for the annual feast, an indispensible accompaniment of the Grand Annual Communication which was held on St. John's Day, in June or December, as the Grand Lodge by regu- lation should decide — ^usually in Jime. They made the necessary purchases, sold the tickets bearing the Grand Master's seal, and rendered their accounts to the Grand Lodge " after dinner," as will be found in the thirteenth and fourteenth of the old Regulations. Such, we believe, is the custom in England to this day ; but in America the annual feast — except, per- haps, in one or two instances — has become obsolete, and the communications of Grand Lodges are de- voted to the regular business of the Craft. The Grand Stewards are now generally charged with the investigation of applications for assistance on the MASONIC JURISPRUDENCE. 277 part of indigent brethren, widows, and orphans, from the funds of the Grand Lodge. THE GRAND DEACONS Are appointed officers, and Hke the Deacons of a Lodge are the messengers of the Grand Master and Grand Wardens. They are stationed near the Grand Master, in all public processions and ceremonials. The Grand Marshal, Grand Standard Bearer, Grand Sword Bearer, Grand Stewards, and Grand Deacons have no powers or prerogatives, merely obeying such orders as may be issued to them, and are generally termed, in military parlance, the Staff of the Grand Master. THE GRAND POURSUIVANT, Whose title comes down to us from the days of chivalry, is a kind of assistant Tyler, and exercises functions analagous to those of the Junior Deacon of a Lodge, being placed inside the porch of the Tem- ple to maintain order among those congregated there, and to see that none pass or repass without the req- uisite permission. THE GRAND TH^ER, Like his prototype in the subordinate Lodge, is placed outside the gate and charged with watch and 278 PRINCIPLES AND PRACTICE OP ward against all who are not entitled to pass. Al- though the lowest in rank of the Grand officers, he is certainly not the least important, for on him rests the responsibihty of a careful guard against cowans and a courteous welcome to the true. It is of the highest importance that he should not hghtly vouch for any one ; for, as having been present with a per- son in Grand Lodge is considered the highest au- thority for admitting him to a subordinate one, a mistake here might lead to many others. The Grand Poursuivant and Grand Tyler are usually Past Mas- ters of long standiDg, and are generally paid a mod- erate salary for their services. THE GRAND LECTURER. In the earlier days of Masonry on the American continent, it was usual to appoint a number of breth- ren in each Grand Lodge jurisdiction, under the title of " Grand Yisitors," who were employed in journey- ing about the State, visiting the Lodges, examining their work, instructiug them when required, and at- tending to such other business connected with the welfare of the Craft as might be confided to them by the Grand Lodge or Grand Master ; but with the iu- crease of Lodges and Masons, the labor has been divided, the " work" beiag placed in charge of Grand Lecturers, and the other business in that of District MASONIC JURISPRUDENCE. 279 Deputy Grand Masters. The present idea of a Grand Lecturer seems to be, that he shall have the quahty of being able to recite the words of the ritual with undeviating accuracy as often as may be required, which point being reached, nothing further is looked for by the Craft, and rarely, if ever, offered by the Lecturer. For this state of affairs the Grand Lec- turers are not to be held responsible ; they are ap- pointed to comply with a certain demand, and they do it ; but it is to be regretted that public sentiment should have been so viciously educated, and that the formal repetition of set phrases should have come to be considered of such vital ^portance to Masonry, to the exclusion, in too many instances, of higher and nobler themes — to the making of the paths that lead to the Temple of greater importance than aU the glorious arcana within its precincts. Masonry is a science, and as such appeals to men of intelligence and education, and offers a sure reward to the indus- trious seeker after its hidden mysteries ; but such men will not and cannot be hampered by the mere words in which the formulas of initiation shaU be communicated or explained, nor will they consent to fritter away precious time in chasing the shadows of verbiage when they can be better employed in pur- suit of solid attainments, of which our system offers such an abundance. We have, then, no hesitation in 280 PRINCIPLES AND PRACTICE OP saying that we have seen with sincere regret the spe- cial efforts made within a few years to bend the ener- gies of the Craft to the attainment of uniformity in the ritual — a chimera as unsubstantial as the visions of the night ; that, so far from producing the desired end, has but resulted in the estrangement of breth- ren, in differences among the workmen on different parts of the building, in the intrusion of crude ideas hatched in the brains of unlettered men — always pre- sented, however, as the ancient work ; in short, of making confusion worse confounded, and substituting the exercise of the hps for the legitimate work of the brain. That the Grand Lodge is the lawful custo- dian of the work, we fi-eely admit, and. that it should always endeavor to maintain the essentials of the ritual in the simple quaintness of the fathers, we ac- knowledge, but we can see in this no reason why a legitimate duty should be made the vehicle of an at- tempt to forcie all men to think and see alike, or to assert an equality of intellect where the Great Archi- tect has refused so to make men ; much less can it be made the apology for secret combinations in be- half of particular systems, by the introduction of which it is hoped not only to make individual in- structors always use the same identical words, but to reduce the general mind to a certain line, from which it shall never swer^^e to the right or left by the MASONIC JURISPEUDENCE. 281 breadth of a hair. Yet we have witnessed within a few years a combined, systematic, and secret attempt to displace the authority of Grand Lodges in this particular, and substitute one set of words for an- other ; and we have seen, too, that it has given rise to more heart-burnings, ill blood, and unmasonic demonstrations than anything that has been sought to be fixed upon the institution since its introduction into this country. And the men, too, who are most ardent in this work are generally those who scarcely know that Masonry has a history, a philosophy, or a literature ; who are innocently unaware that the " work" which secures their admiration and com- mands their zeal is but one of the variations that have been made from time to time since the days of the great innovator Preston, and those of his imita- tor and still greater innovator "Webb. The original degrees of Masonry have been so buried under the multipHed additions of ritualists, for the last hun- dred years, that the Masons of the present day — choose what system they will — cannot hope to ap- proach the simplicity of the original. Why, then, devote our time and attention to mere words ? "Why quarrel about A, B, or C's work, when we know that neither of them is anything more than a new version of an old story, and that not one of them is in truth the true work practised so recently as 1717 ? Let 282 PRINCIPLES AND PRACTICE OF US rather seek to retain the essential features of the ritual, with less regard for the mere words in which our ideas may be conveyed, or at least without mak- ing the power of machine-like repetition the test of Masonic perfection. From these premises the reader will easily arrive at the conclusion, that a Grand Lecturer should be something more than a ritualist ; that he should be able to instruct the brethren not only in the forms and ceremonies of the several degrees, but in the hidden meaning of the symbols ; that, having led them through the courts of the Temple, he should be able to put aside the vail that conceals the inner mysteries, and direct their investigations to higher and nobler themes. When such are the qualifications requii'ed of Grand Lecturers, and they prepare themselves accordingly, a brighter day wiU dawn upon Masonry, and its dis- ciples wiU have arrived one stage nearer the accom- plishment of its mission. DISTRICT DEPUTY GRAND MASTERS. The officers who bear this title have been known to the Craft but a short time, the office having been created to supply a want growing out of the vast in- crease of the society in modern times. They have, therefore, no inherent powers, and only exercise such MASONIC JURISPRUDENCE. 283 functions as may be specially given them by the con- stitutions of the Grand Lodge for which they act. They are really Assistant Deputy Grand Masters, but are distinguished from the real Deputy by the fact, that while he may exercise the powers of his office in any part of the jurisdiction, they are limited to the supervision of a certain number of Lodges called, for convenience sake, a Masonic district, whence their title. Although the powers exercised by them vary somewhat in different locahties, the general idea is, that they shall visit all the Lodges in their district at least once in each year, examine their records and proceedings, collect statistics of their numbers and progress, and report annually to the Grand Lodge their standing, and what — if any — ^legislation is re- quired to promote their welfare and prosperity. The appointment of these officers is but an exten- sion of the twentieth of the old Kegulations, which requires the " Grand Master, with his Deputy and "Wardens, to go round and visit all the Lodges about town (at least once) during his Mastership." When that regulation was adopted, there were not, prob- ably, a dozen Lodges in London, so that the caU upon the Grand Master's time was not onerous ; but in some of the American jurisdictions, where there are from two hundred and fifty to five hundred Lodges, a single visit to each would be a severe tax 284 PRINCIPLES AND PRACTICE OF Upon the Grand Master's time. Moreover, it it quite as necessary to visit Lodges out of cities as those in them, and it was therefore necessary to devise some plan by which that object could be accomplished ; and this, in our judgment, was most happily effected in the creation of the oflfice of District Deputy. The brethren who accept these offices by no means acquire honor without labor ; on the contrary, the duties required of them demand much time, no small amount of patience, good address, and familiarity with the laws and usages of the society. In some of the country districts, where the Lodges are located at considerable distances from each other, it is often necessary for the Deputy to leave his usual avoca- tions and travel many weary miles, in the discharge of his duty ; and yet, we are proud to say, those du- ties are rarely neglected. The benefits that thus ac- crue to Masonry may not be lightly estimated ; and while we should be glad, for the sake of the Craft, to see the system adopted in every Grand Lodge juris- diction, and trust to see it always continued in our own, we would bespeak a larger appreciation of the officers themselves, and such a recognition of their importance as would enable them to appear in Grand Lodge at the Annual Communications, mthout ex- pense to them individually. While the Masters and Wardens represent their particular Lodges, the Dis- MASONIC JUEISPRUDENCE. 285 trict Deputies represent a number, and are qualified by actual inspection to speak of their condition and needs, and thus enable the Grand Lodge to legislate advisedly on matters that relate to the welfare of the great body of the Craft. Their immediate value, however, is in the fact of their availability in arranging unseemly bickerings, and preserving that concord and unity so essential to the well-being of Lodges, by counsel, by admoni- tion, and — when needed — ^by the strong hand of au- thority. A kind word spoken in season may quench the fires of passion about to break forth, and while the beUigerents, from a sense of wounded or mis- taken pride, might fail to allow for each other's faults, or take the first step toward reconciliation, the District Deputy could gracefully do so, as one of the duties of his office ; and if these brethren never did anything else, we hold that their appointment would be most commendable. OF rwe ^ APPENDIX. FORM OF PETITION FOR A NEW LODGE. To the M. W. Grand Master of Masons of the State of The undersigned petitioners, being Ancient Free and Accepted Master Masons, having the prosperity of the fraternity at heart, and willing to exert their best endeavors to promote and diffuse the genuine principles of Masonry, respectfully represent — That they are desirous of forming a new Lodge in the of to be named No They therefore pray for letters of dispensation, to empower them to assemble as a regular Lodge, to discharge the duties of Masonry, in a regular and constitutional manner, according to the original forms of the Order, and the reg- ulations of the Grand Lodge. They have nominated and do recom- mend Brother A. B. to be the first Master ; Brother C. D. to be the first Senior Warden, and Brother E. F. to be the first Junior Warden, of said Lodge. If the prayer of this petition shall bo granted, they promise a strict conformity to the edicts of the Grand Master, and the constitution, laws and regulations of the Grand Lodge. FORM OF DISPENSATION FOR A NEW LODGE. To all whom it may concern: Know ye. That we, A. B. , Most Worshipful Grand Master of An- cient, Free and Accepted Masons of having received a peti- tion from a constitutional number of brethren, who have been properly vouched for as Master Masons in good standing, setting forth that, having the honor and prosperity of the Craft at heart, they are desirous of establishing a new Lodge at under our masonic jurisdiction, and requesting a Dispensation for the same ; 288 APPENDIX. And whereas there appears to us good and sufficient cause for granting the prayer of the said petition ; we, by virtue of the pow- ers in ufl vested by the ancient Constitutions of the Order, do grant this our Dispensation, empowering Brother A. B. to act as Wor- shipful Master, Brother C. D. to act as Senior Warden, and Bro- ther E. F. to act as Junior Warden of a Lodge to be held under our jurisdiction at by the name of And we further authorize the said brethren to Enter, Pass, and liaise Freemasons, according to the Ancient Constitutions of the Order, the customs and usages of the Craft, and the Rules and Regulations of the Most Worshipful Grand Lodge of and not otherwise. And this our Dispensation shall continue of force until the Grand Lodge aforesaid shall grant a Warrant of Constitution for the same, or this Dispensation be revoked by us, or the authority of the aforesaid Grand Lodge. Given under our hand, and the seal [L. S.] of the Grand Lodge, at this day of ,A.-. L.-. 58 . Q B , y Z Orand Masln-, Orand Secretary. FOllM OF WARRANT FOR A LODGE. Grand Master. Dep. G. Master. Sen. G. Warden. JuN. G. Warden. We, the Grand Lodge of the Most Ancient and Honorable Frft- ternity of Free and Accepted Masons, of the State of , in Ample Form assembled, according to the Old Constitutions, regu- larly and solemnly established under the auspices of Prince Edwin, at the city of York, in Great Britain, in the year of Masonry 4926, viz. : The Most Worshipful Grand Master, The Right Worshipful Dep. G. Master, The Right Worshipful Sen. G. Warden, do, by these i)resents, appoint, authorize, and empower our worthy APPENDIX. , 289 brother to be the Master ; our worthy brother to be the Senior Warden ; and our worthy brother to be the Junior Warden, of a Lodge of Free and Accepted Masons, to be, by virtue hereof, constituted, formed, and held in which Lodge shall be distinguished by the name or style of and the said Master and Wardens, and their successors in office, are hereby respectively authorized and directed, by and with the consent and assistance of a majority of the members of the said Lodge, duly to be summoned and present upon such occasions, to elect and install the officers of the said Lodge as vacancies happen, in manner and form as is, or may be, prescribed by the Constitu- tion of this Grand Lodge. And further, the said Lodge is hereby invested with full power and authority to assemble upon proper and lawful occasions, to make Masons, and to admit members, as also to do and perform all and every such acts and things appertaining to the Craft as have been and ought to be done, for the honor and advantage thereof, conforming in all their proceedings to the Constitution of this Grand Lodge, otherwise this Warrant, and the powers thereby granted, to cease and be of no further effect. Given under our hands and the seal of our Grand Lodge, at the city of , in the United States of America, this. . . . day of , in the year of our Lord one thousand eight hundred and , and in the year of Masonry five thou- sand eight hundred and Grand Secrdary. Eegistered in the Book of the Grand Lodge, Page .... FORM OF A LODGE CERTIFICATE. To ALii Feee and Accepted Masons on the face op the olobb — Greeting : We, the Master and Wardens of Lodge No. ... Free and Accepted Masons, constituted under a charter from the M. W. Grand Lodge of the State of , do certify that our worthy brother has been regularly initiated as an Entered Appren- 13 290 APPENDK. tice, passed to the degree of Fellow Craft, and raised to the sub- lime degree of Master Mason, and is distinguished for his zeal and fidelity to the Craft "We do therefore recommend that he be re- ceived and acknowledged as such by all true and accepted Freema- sons wheresoever dispersed. In testimony whereof we have granted him this certificate under our hands and the seal of the Lodge (having first caused our wor- thy brother to sign his name in the margin), this day of A.D. 18.., A. L. 58.. W. M. S. W. Sec'y. J. W. This is to certify that Lodge No. . . is a legally consti- tuted Lodge, working under the jurisdiction of the M. W. Grand Lodge of 586. Grand Sec'y. TOim OF A GHAND LODGE DIPLOMA. TFe, the Grand Lodge of the Slate of New York, by these presents testify and declare to all whom it may concern, that our brother , who has signed his name in the margin hereof, is a reg- ular Master Mason of Lodge No. . . , as appeals to us by the certificate of the said Lodge held under our jurisdiction in the county of State of New York, in the United States of America. Li testimony whereof we have caused our seal to be hereunto affixed, and our Grand Secretary to subscribe the same, at the city of New York, this . . day of A. D. 18. . A. L. 58. . Grand Secretary. i FORM OF A DIMIT. FKEE AND ACCEPTED MASONS. Lodge No Acknowledging the jurisdiction of the Grand Lodge of the State of , to all whom it may concern, greeting : This certifies APPENDIX. 291 that brother , whose name appears in the margin of this dimit, is a Master Mason, and was a member of this Lodge in good standing and clear of the books, and as such we do cordially com- mend him to the fraternal guard of all true Free and Accepted Ma- sons, wherever dispersed around the globe. In testimony whereof we have caused this dimit to be signed by the Master, and the seal of the Lodge to be attached, this .... day of A. D. 18.., A. L. 58.. Secretary. Master. FORM OF TEIALS AND APPEALS. The first step to be taken toward a Masonic trial is, of course, to prefer charges, or make a complaint. The important requisites of a complaint are, that it should be brief, and yet comprehensive, clearly defining the nature of the offense charged, with an accurate specifying of the time, place and circumstances of its commission. This, when the transaction took place out of the Lodge, may be preferred by any brother, but should properly be presented by the Junior Warden. It may be in this form : 1. — Complaint. To the W. Master, Wardens and Brethren of Triluminar Lodge, No. 800 : Brother A. B. is hereby charged with immoral and unma- sonic conduct : First Specification. — That the said A. B., on the first day of April 1859, in the public street, at Freetown, in the county of , was in a state of intoxication from the use of strong and spmtuous liq- ors, in violation of his duty as a Mason, and to the scandal and disgrace of the Masonic Fraternity. Second Specifioation. — That the said A. B., on the first day ot April, 1859, at Freetown aforesaid, and at various other times and places, in the year 1859, was intoxicated with strong and spiritu- ous liquors, although admonished therefor by the Master and War- dens of this Lodge, in violation of his duty as a Mason, to the great scandal and disgrace of the Fraternity ; and it is hereby demand* ed, that the said A. B. be dealt with therefor, according to Ma- sonic law and usage. S. L., Junior Waulen. Dated April 9, 1859. 292 APPENDIX. S.— Complaint (in another form.) * To the W. Master, Wardens and Brethren of Trilaminar Lodge, No. 800 : Brother C. D. is hereby charged with immoral and unmO' sonic conduct : First Specification. — That the said C. D., on the first day of April, 1859, at Freetown, in the county of , in the presence and hearing of Bro. E. F., and others, spoke and declared of Bro. G. H., of Anchor Lodge, No. 801, these words in substance : that the said G. H. was a dishonest man ; that he was a knave and a cheat ; and that he was a liar, to the great injury of the said G. H., and to the common scandal and disgrace of the Masonic Fraternity. Second Specification. — That the said C. D., on the first day of April, 1859, at Freetown aforesaid, in the presence and hearing of Mr. Y. Z., and others, publicly spoke and declared of the said G. H., who was not present, that he, the said G. H., was a dishonest man, a knave, a cheat and a liar, in violation of the duties of the said C. D. as a Master Mason, to the great injury of the said G. H., and to the common scandal and disgrace of the said Anchor Lodge, No. 801, and of the Masonic Fraternity ; and it is therefore hereby demanded, that the said C. D. be put upon trial therefor. S. L., Junior Warden. Dated April 9, 1859. These forms might be indefinitely multiplied, but these will be sufficient to show the manner and importance of specifying tame, place and circumstances constituting the oflfense. This charge (and that contained in the first form will hereafter be followed) having been presented in open Lodge, and received, the Master thereupon appoints commissioners to hear and try the same, pursuant to the provisions of the constitution, which is en- tered upon the minutes. The charges need not be entered, but the nature of them should be. It is then the duty of the Secretary immediately to serve upon the accused a copy of the charges, with the following notice annexed : 3.— Notice of Clkar^^es. Bro. A. B. : Take notice, that the within (or foregoing) is a copy of the charges preferred against you, at a stated communication of Triluminar Lodge, No. 800, held on the 9th of April, iust, and APPENDIX. 293 that Bros. E. S. , T. U. and V. K were appointed commissioners to hear and try the same. P. Q., Secretary. Dated, April 10, 1859. Should the commissioners determine, at the time the charges are preferred (and it is recommended that they should in all cases, if possible), when and where they will meet for trial, the Secretary may add to the above notice the following : " and that they will meet for that purpose on the 20th instant, at 7o'clock p. m., at Triluminar Lodge room, at Freetown, at or before which time you are required to answer said charges." In case the accused absent himself, so that the charges cannot be personally served, the copy may be transmitted by mail, if his residence be known ; if not, after a reasonable time, and after dil- igent inquiry, the Secretary should report the fact to the Lodge for their further action, hi all cases the prosecutor or Secretary should take care that the accused be served with notice of the time and place of meeting of the commissioners for trial, at the time of service of the charges. The charges being served, it is the first duty of the accused, if he has an objection to any of the commissioners, to make his chal- lenge, that the master, if satisfied that there is ground for it, may supply the vacant place by another appointment. If there be doubts as to its foundation, the master, or other commission- ers, may act as triers ; but it is recommended that if there be rea- sonable objection, or probable cause therefor be manifest, that the commissioner challenged remove all question by resignation. The tribunal being properly constituted, it is next the duty of the accused to answer the charges. As this must be in every case equivalent to the well-known plea of "Not Guilty," it is scarcely necessary to furnish a form, yet, for the sake of making up a complete record, in cases of appeal, one is subjoined : 4. — Ans-wcr. C. D., in person, denies the charges made against him, and ev- ery matter and thing contained in the several specifications of the same, and demands trial thereon. Of course this answer will vary according to the facts of each cas6. One specification may be admitted and another denied. 294 APPENDIX. The charge and specifications may be admitted, and matters set up in extenuation or excuse. Assuming the answer to be a denial the issued is formed, and the parties proceed to trial. To procure the attendance of witnesses on either side, some process may be necessary. If the witness be not a Mason, his attendance must, of course, be voluntary ; but a Mason is bound to obey a sum- mons. This may be issued by any master of a Lodge (Constitu- tion § 56), and in the following form : 5.— Summons for 'Witnesa. To Bro. I. J. : You are hereby summoned and required to at- tend as a witness before the commissioners appointed for the trial of A. B., on certain charges preferred against him, on the 20th day of April, instant, at 7 o'clock p. m. , at the Lodge room of Tri- luminar Lodge, No. 800, in Freetown, and there to testify the tnith, according to your knowledge. K. L., Master. Dated, AprQ 16, 1859. This may be made to answer for several witnesses, by inserting their names and adding the words "and each of you" after the word "you." The brother disobeying such a summons may be proceeded against as in case of disobedience to any other sum- mons. For this purpose the person serving it should note upon it when and how it is served. The commissioners, having met for trial, should organize ; that is to say, one of their number (and usually the first named) should preside, though they may choose another for that purpose ; and another of them should be chosen to act as their clerk, and keep the minutes of their proceedings. A copy of the resolution under which they were appointed, together with their appointment, should be furnished them by the Secretary. They should keep minutes of their proceedings, which may be in this form : 6. — Minutes of Commissioners. The commissioners appointed for the trial of A. B., on the charges a copy of which is hereto annexed (marked A) pursuant to the following resolution (copy resolution), assembled at the Lodge room of Triluminar Lodge, JNo. 800, on Wednesday evening, the 20th of April, 1859 : APPENDIX. 295 Present : K. S., T. U. and V. K, commissioners. E. S. offici- ated as chairman, and V. N. was chosen clerk. A. B. appeared before them and objected to T. U., one of the commissioners, on the ground that he was present at the meeting of the Lodge when the charges were preferred, and voted for their reference. Bro. T. U. stated that he had formed no opinion on the subject, and the other commissioners decided that he was competent to act as commissioner, to which Bro. B. took an exception. The charges were then read by Bro. S. L., Junior Warden, to- gether with the answer of Bro. A. B. Bro. B. requested that P. S. , Esq. , an attorney and not a Ma- son, should examine the witnesses on his behalf and assist him in his defense. The commissioners decided against the request, but further decided that he might employ the services of any brother to assist him in defense ; to which Bro. B. took an exception. He then employed Bro. N. O. to assist him as counsel. Bro. 0. ob- jected to the form of the charges as being vague and uncertain, but the commissioners decided them to be sufficient ; to which Bro. 0. took an exception. Bro. E. F. was then introduced as a witness by the Junior War- den, and testified as a Master Mason as follows : I am acquainted with Bro. A. B. ; I saw him on Main street, in Freetown, on the first day of April last ; I was on the opposite side of the street ; he appeared to be much intoxicated (objection was made to the ap- pearance of accused, but it was overruled and an exception taken) • he was there for about half an hour ; he reeled as he walked, &c. On cross-examination Bro. E. F. further testified : I know that Bro. B. had been sick, &c. The commissioners then adjourned to meet at the same place on Thursday evening, the 21st April 1859, at 7 o'clock p. m. Thursday evening, April 21, 1859. The commissioners met pursuant to adjournment : present all the commissioners and also Bro. L. the Junior Warden and Bro. A. B. and his counsel Bro. O. Bro. U.. officiated as chairman. Mr. H. C. was then introduced as a witness by the Junior War- den, and stated as follows : I was in Freetown on the first day of April instant, &c 296 APPENDIX. The proofs on the part of the complainant here rested. Bro. O., on behalf of Bro. A. B., then produced the sworn affi- davit of Mr. J. B., to which the Junior Warden objected, on tho ground that Mr. B. should be produced for cross-examination. The commissioners sustained the objection on that ground, and Bro. O. took an exception. Mr. B. was then produced, and the Junior Warden then con. seuted that his affidavit might be read, which was read according- ly, and is hereto annexted (marked B). The Junior Warden then cross-examined Mr. B., who stated as follows, &c. The proofs being closed, after hearing both parties, the commis- sioners decided to meet again on the 23d day of April instant, to determine on their report. Saturday, April 23, 1859. The commissioners ag«dn met by themselves, and after consulta- tion decided upon their report, a copy of which is hereto annexed (marked C), and notified the parties thereof. Signed by the Commissioners. These minutes have been given in this extended form because they present a convenient way of stating certain facts and proceed- ings on trial. Thus, the statement of formal objections and the grounds of them, together with the decision thereon of the com- missioners (which should always be stated), are here set forth ; also, that the Junior Warden acted as prosecutor ; that the em- plojTnent of an attorney not being a Mason was not permitted, but that the accused was permitted to have counsel ; that the first wit- ness testified in his character as a Master Mason, and that the second witness, not being a Mason, made his statement merely, no oath being administered to either ; that the testimony is taken down in the words of the witness, and of course in the first per- son as he spoke ; that the precise point objected to is stated ; that the time and place of each adjournment are noted ; that a sworn affidavit was not admitted because no opportunity was given for cross-examination ; and, finally, that the commissioners met alone and decided upon their report, and then gave notice to the parties ; all of which may furnish useful hints to those engaged in such trials, without further comment ; it being presumed that APPENDIX. 297 the usual forms of such proceedings and the ordinary rules of evi- dence are understood and will be observed. It is at the option of the commissioners whether they will admit any one to be present but the parties and the witnesses testifying, but on all such oc- casions none but Masons should be admitted, except the witness not a Mason, and while testifying. As the form of the notice given to the parties by the cdmmis- sioners (Constitution, § 57) may be desired, it is here given, and may be as follows. 7.— Notice of Decision. To Bro. S., Junior Warden, and Bro. A. B. . You will each take notice that we have agreed upon and signed our report in the matter of charges against Bro. A. B. , referred to us, by which we have found the charges sustained, and Brother B. guilty thereof, and that the expenses of the proceedings be paid by him ; and that we shall present the report to Triluminar Lodge at its stated communication, on the 30th April instant. (Signed by the Commissioners. ) Dated April 23d, 1859. The trial being concluded and the report thus agreed upon, the commissioners will have it drawn up in form for the action of the Lodge. This report need not, in the first place, contain anything but the facts found and the conclusions arrived at thereon by the commissioners. These conclusions, like those of any other com- mittee, should be in the form of resolutions, for the definite action of the Lodge. Should the Lodge, on the report coming in, desire to hear the testimony read or any of the decisions stated, it will be the duty of the commissioners to compl3^ The report may be in the following form : 8. — Report of Commissioners. To the W. Master, Wardens and Brethren of Triluminar Lodge, No. 800. The commissioners appointed for the trial of Bro. A. B., on charges of intoxication heretofore preferred in this Lodge, respect- fully report : That they met at the Lodge room of this Lodge on Wednesday evening, the 20th of April last past, and proceeded to hear and try the matters referred to them. 298 APPENDIX. ITiat objections were presented to Bro. U., one of their number, which they overruled, and also refused to permit Bro. B. to ap- pear by counsel, not being a Mason, and thereupon Bro. N. O. appeared for him. That objections were made to the charges, which were oveiTuled. That they proceeded to take testimony (in the course of which they decided not to admit a sworn afl&davit), and Bro E. F. and Mr, H. C. and Mr. J. B. were examined as witnesses. That they held three meetings, the last of which was for the purpose of agreeing upon and preparing their report That from the testimony before them they find the following facts : 1. That Bro. A. B. was intoxicated with strong and spirituous liquors, in a public place, at Freetown, on the first day of April, 1859. 2. That Bro. A. B. has been at least twice intoxicated in a pub- lic place, in Freetown aforesaid, within two weeks previous to the said first day of April, 1859. They therefore recommend the adoption of the following resolu- tions : Besolved, That the charges of intoxication against Bro. A. B., made and presented to this Lodge on the 9th day of April, 1859, are sustained, and that he is guilty of the said charges. Besolved, That Bro. A. B. be and he is hereby suspended from this Lodge, and from the rights and pri\'ileges of Masonry, for the space of three months from this date. The charges and expenses of the commissioners amount to the sum of three dollars, which they adjudge that Bro. A. B. should pay, of all which they have notified the Jimior Warden and Bro. A. B. All of which is respectfully submitted, K. S. ) T. U. [ V. W. ) Commissioners. Dated, April 23, 1859. If the resolutions be adopted, the Secretary of the Lodge should transcribe them on his minutes, together with the adjudication as to charges and expenses. The resolutions, however, are subject to the action of the Lodge, who may reverse the decision of the com- missioners, or, if sustained, may amend the resolution as to the penalty by increasing or diminishing it ; the decision of the com- APPENDIX. 299 missioners, however, as to expenses is final (Cons. § 61.) Should the resolutions be adopted (and for this purpose a majority vote is sufficient, unless the by-lavrs provide differently, ) and the accused be absent from the Lodge, it is the duty of the Secretary to furnish him immediately with a copy of the resolutions and of the award as to expenses, with a notice, which may be in this form : 9.— Notice of Judgiuent. To Bro. A. B. : Take notice, that the foregoing is a copy of resolutions adopted by Triluminar Lodge, No. 800, at their communication held at their Lodge room in Freetown, on the 30th day of April instant, together with a copy of the award made by the commis- Bioners as to expenses. P. 0. Secretary. Dated, April 30th, 1859. Thus have been presented the ordinary proceedings from com- plaint to judgment on a Masonic trial on charges preferred in a Lodge. Some of them may be found practically unnecessary, but the complaint, minutes and report are deemed important, and should be substantially followed in every case. Other proceedings, under the title of the Constitution, entitled "Of Trial and Its In- cidents," may be adapted to them, varying the allegations to suit the case, and bearing in mind that in all the cases mentioned in section 54 the decision of the commissioners is final, unless an ap- peal be taken from it. (§ 58. ) In these cases the report will be made to the Grand Lodge, and the minutes, with the report an- nexed, filed in the office of the Grand Secretary, and notice given to the parties by the commissioners. Their report, in such cases, need not conclude with resolutions, but with an award of judg- ment in the nature of both a verdict and sentence. It may be in this form, in place of the recommendation of resolutions : 10. — Report of Commisgioners (another form). The said commissioners do therefore adjudge and determine as follows : 1. That the charges of intoxication against Bro. A. B., of Trilu- minar Lodge, No. 800, preferred by Bro. C. D., of Anchor Tiodge, No. 801, on the 9th day of April, 1859, are sustained, and that he is guilty of the said charges. 300 APPENDIX. 2. That the said Bro. A. B. be and he is hereby suspended from said Triluniinar Lodge, and from the rights and privileges of Ma- sonry, for the space of three months from this date. 3. That the said A. B. be adjudged to pay the charges and ex- penses of the proceedings on this trial. The charges and expenses, Ac., (as in the preceding report, ex- cept as to parties notified, and add) and our report has been duly filed with the R. W. Grand Secretary (dated and signed by the commissioners). The following may be the form of their notice : 11. — Notice of Judgment by Commissioners. To and : Take notice that we have this day made and signed our report to the Grand Lodge, by which we have adjudged and deter- mined that Bro. A. B. is guilty of the charges preferred against him, and that he is susi)ended from Triluminar Lodge, No. 800, and from the rights and privileges of Masonry, for the space of three months, and that he do pay the costs and expenses of the proceedings before us, amounting to the sum of three dollars. Signed by the Commissioners. Dated, April 23, 1859. The subject of Appeals next claims our attention, and we shall still follow the form of proceedings after trial on charges preferred in a Lodge against a member. The time limited in every case for bringing an appeal is six months (§ 58) ; but where a party is intending to appeal it is ad- visable that he give notice of it immediately, which may be in the following form : 13. — Notice of Appeal. To P. Q., Secretary of Triluminar Lodge, No. 800 : Take notice, that I shall bring an appeal from the action of said Lodge on the 30th day of April, 1859, in passing sentence of suspension on me for three months, to the M. "W. Grand Lodge of the State of New York (or the M. W. Grand Master, R. W. Dep- uty Grand Master, or R. W. District Deputy Grand Master of this district, as he may choose,) on the groimds to be stated in my ap- peal. Dated, May 4, 1859. A. B. APPENDIX. 301 On receiving this notice, the Secretary of the Lodge — or, in all cases not under section 60, the commissioners — will transmit to the Grand Lodge, or Grand officer, as the case may be, a copy of the minntes of proceedings embracing the evidence, with a copy of the report, to the Lodge— marked C and numbered 8— annexed, all duly |ittested and certified ; and by carefully observing these directions it may always be done promptly. This, if filed with the Grand Secretary, may be furnished to the Grand Lodge, or its Committee on Appeals, or to the Grand officer appealed to, when desired. When the appeal is to a Grand officer, the report may be transmitted to him directly, to be by him afterwards filed with the Grand Secretary. The appellant should next prepare his appeal, which may be in this form : 13. — Appeal. To the M. W. Grand Lodge of the State of New York (or M. W. Grand Master) : The undersigned hereby appeals to you from the decision of Triluminar Lodge, No. 800, made April 30, 1859, in passing sentence of suspension on him for three months, and he specifies the following as the ground of his appeal : 1. That F. U., one of the commissioners on his trial, was incom- petent to act, having been present at the meeting of said Lodge when the charges were preferred, and voted for their reference. 2. That the commissioners erred in deciding that P. S. , Esq. , should not be allowed to assist the undersigned in his defense. 3. That the second specification of the charges is vague and un- certain. 4. That the commissioners erred in receiving testimony as to ap- pearances of intoxication. 5. That they erred in rejecting the sworn affidavit of J. R. 6. That the proofs in the case were not sufficient to warrant the finding of the commissioners. 7. That the Lodge erred in passing the resolution of suspension by a majority vote. All of which appears by the papers, proceedings and evidence in the case. Dated, May 11, 1859. A. B. A copy of this appeal should be served on the Secretary of the 302 APPENDED. Lodge ; and it is best, also, to serve a copy on the appellate tribu- nal or officer. Within ten days (this is suggested as an admirable time, there being no regulation on the subject,) an answer should be made to the appeal by the Lodge. As in most cases this is merely taking issue, the form of an answer on appeal may be un- necessary ; yet one is subjoined, as follows : ^ 14.— AnsMrer to Appeal. Triluminar Lodge, No. 800, answers the appeal of A. B. and says : That the said Lodge denies that there is any error in the pro- ceedings of said Lodge, or of the commissioners appointed for the trial of the said A. B. , and further says that the decision of said Lodge in said case is sustained both by the law and evidence therein applicable thereto. Dated, May 21, 1859. S. L., Junior Warden. This is very general, and if a specific denial is deemed necessary — taking issue upon each of the grounds of appeal and assigning reasons therefor — it may be made after the foregoing form in com- mencement, and adding thereto as follows : Because the said Lodge says as to the first ground of appeal, Ac And because the said Lodge says aJs to the second ground of ap- peal, &c. The case being thus fairly brought up on appeal, the Grand Lodge or Grand officer may hear the same, either by oral argu- ment, or the appeal and answer thereto may be made sufficiently full to call attention to all the points in the case and the reasons therefor. If the Secretary of the Lodge shall have omitted a tran- script of the proceedings of the Lodge, and the same be required to make the case perfectly understood, the Grand Master, Deputy Grand Iilaster, or District Deputy Grand Master may make an or- der in this form : 15.— Order on Appeal. Office of the Gkand Master of JklisoNs, | May 28, 18.. j" To the W. Master, Warden and Brethren of Triluminar Lodg«, No. 800 : Bro. A. B. having duly appealed from the decision of j'^our Lodge made on the 30th April, 1859, suspending him for three APPENDIX. 303 months, yon are hereby required to transmit, by the hand of your Secretary and seal of your Lodge, a transcript of all the proceed- ings of your Lodge, in the case of the said A. B. , from the time of the presentation of the charges against him until the final action of your Lodge thereon, with the several dates thereof, together with all papers and documents relating thereto not heretofore returned, within days from the receipt of this order by you. Given under my hand and private seal on the day and year first above written. , Grand Master. After argument the appellate tribunal will, with all convenient dispatch, pronounce the decision. If made by a Grand officer, it should be filed, together with the appeal papers, in the office of the Grand Secretary, and may be in this form : 16. — Decision on Appeal. Office of the Geand Mastek of Masons, &c. , June 4, 1859. Lsr THE Mattes of the Appeal of Brother A. B. Brother A. B. having appealed from the decision of Triluminar Lodge, No. 800, made on the 30th day of April, 1859, by which he was suspended from the rights and privileges of Masonry for three months, on charges of intoxication ; and having heard the case, I have carefully considered the facts appearing on said appeal, and the grounds of error alleged by him. There does not seem to be any error or irregularity in the proceedings, or in the several de- cisions of the commissioners on the trial, and the facts of the case warrant the conclusions of the commissioners and the decision of the Lodge. [If the officers desire to review the facts or comment upon any of the points taken, he may here insert his remarks and reasons. ] My judgment and decision, therefore, is, that the proceedings and decisions of Triluminar Lodge, No. 800, in the case of Bro. A. B., be and the same are hereby affirmed. , Grand Master. If the decision be reversed, the appellate officer vrill vary the second paragraph and give his reasons for dissenting from the con- 304 APPENDIX. elusions of the commissioners and Lodge, and nse the word ** re- versed" in the last paragraph, instead of "affirmed." Should he desire to make any special order in the case, it may be added at the end. When an appeal is taken from the decision of a Grand officer, on appeal to the Grand Lodge the case will be heard on the papers which were before him, and it will only need the folloT»ang and final form of an appeal to bring up the matter, which should be served on the Lodge through its proper officer, a reasonable time (say twenty days) before the annual communication of the Grand Lodge, and a copy transmitted to the Grand Secretary forthwith. 17. — Final Appeal to Grand Lodge. To the M. W. Grand Master (or K. W. Deputy Grand Master) and the W. Master Wardens and Brethren of Triluminar Lodge, No. 800 : The undersigned, A. B., hereby appeals to the M. W. Grand Lodge of the State of New York, from the decision of the M. W. Grand Master, made in and by his order of June 4th, 1859, in the case of this appellant, affirming the decision of said Lodge on the 30th April, 1859, in the same case, on the grounds particularly stated and set forth in his appeal to the M. W. Grand Master, dated May 11, 1859, and respectfully prays your consideration thereof and judgment thereon. Dated, June 6, 1859. A. B. Li the nature of the case, no answer to this appeal is required ; . and when the appeal comes before the Grand Lodge it will take the direction prescribed by its rules and usages. From the foregoing general forms and directions, sufficient may be gathered to apply to every case of Masonic discipline and trial, between any parties and whatever may be the decision. To have extended the forms, or adapted those given to every varying change, would be great labor without adequate benefit, and es- pecially in the great variety of charges. It should be remarked that, when the charges are based upon a section of the constitu- tion, or of the Lodge by-laws, it should be plainly and distinctly referred to. Should the accused admit the charges when served upon him, proof of such admission or confession will be all that the commis- APPENDIX. 305 sioners are required to have made, and they will make up their minutes and report accordingly, adapting the foregoing forms. If the accused fails to appear and answer the charges after per- sonal service, the commissioners may proceed, after taking proof of such service, to take proof of the charges, and in such case the Master should appoint some brother to appear for him. The min- utes and report in such cases should be full, and the forms given can readily be modified to suit such a state of facts. STANMKD FOKM OF BYLAWS. [Intended to serve as a guide in the formation of by-laws for Subordinate Lodges, and subject to such alterations, not inconsistent with the Constitution, as the convenience of the Lodges may dictate.] AKTICLE I. § 1. The stated meetings of this Lodge shall be on the . . and . . days in every month. The hour of meeting, from April 1 to Octo- ber 1, shall be. 8 o'clock, and 7k o'clock the remainder of the year. § 2. Special meetings may be called by the Master, upon any emergency which he, in his judgment, may deem necessary ; but no business shall be transacted by such special meeting but that for which it was called. AKTICLE n. § 3. 'JTie members of this Lodge are all who have been or may be initiated in or affiliated therewith, who have subscribed their names to these by-laws, and who have not withdrawn or been ex- cluded for unmasonic conduct or non-payment of dues. (See sec- tions 24 to 27, and sections 85 and 88, Constitution. ) AKTICLE in. OrnCEKS — ^THEIR ELECTION, INSTAIXATION, AND DUTIES. § 4. The officers of this Lodge shall be ranked and entitled as follows : 1. The Mastee. 2. The Senior Warden. 3. The Juniob Warden. 306 APPENDIX. 4. The Tbeasubeb. 5. The Secketart. 6. The Senior Deacon. 7. The Junior Deacon. 8. The Stewards, or Masters of Ceremonies. 9. The Tyler. the officers shall be elected at the stated communication next preceding the festival of St. John the Evangelist, and be in- stalled on or before the next stated meeting thereafter. § 6. Any member months in arrears for dues, shall not be entitled to vote at said election. § 7. The duties of the officers of this Lodge, in addition to those not proper to be written, are as follows : the master. To preserve the Warrant of the Lodge with unfailing care, and deliver it to his successor in office ; to see that these by-laws, the Constitution of the Grand Lodge of the State of New York, and the Ancient Constitutions of Freemasonry, be duly understood, re- spected, and obeyed by the members ; to represent the Lodge, in conjunction with the Senior and Junior "Wardens, at all the Grand communications of the M. W. Grand Lodge ; to draw all orders on the Treasurer, with the consent and approbation of the Lodge ; to see that all cases of offense against the laws of the Order be fairly dealt veith, according to these by-laws, and the constitutions and rules of Masonry ; to report to the Lodge his proceedings in the Grand Lodge, and to cause the printed transactions to be read for the information of the brethren. TECE SENIOR WARDEN. Li addition to those duties which appertain to every individual Mason, the duties of the Senior Warden are : to succeed to and exercise all the powers of the Master in the event of his absence ; to represent the Lodge, in conjunction with the Master and Junior Warden, in the Grand Lodge ; to aid the Master in governing the Craft during the hours of labor. the junior WARDEN. It is the duty of the Junior Warden to exercise all the powers of he Master, in the absence of the two officers above him ; to repre- APPENDIX. 307 Bent the Lodge, in conjufiction with the Master and Senior Warden, in the Grand Lodge ; to take charge of the Craft during the hours of refreshment. THE TEEASUBEB Is to receive all moneys from the hands of the Secretary ; pay out the same by order of the Master and consent of the Lodge ; to submit his accounts, when required by the Master or Lodge, for examination ; to deliver to his successor in office all the moneys, books, vouchers, and other properties of the Lodge he may have in his possession. THE SECKETAEY. The duty of this officer is to record the proceedings of the Lodge ; to receive all moneys due the Lodge and pay the same to the Treasurer ; to prepare the usual Returns to the Grand Lodge, in proper time and in accordance with the Constitution, and for- ward the same to the Grand Secretary ; to deliver up to his suc- cessor in office all the books, seal, and other property of the Lodge. THE SENIOR DEACON Is to take part in the active duties of the Lodge ; to be courteous to and provide accommodations for visiting brethren, and act as the proxy of the Master. THE JUNIOR DEACON Has especial charge of the door, acts as the proxy of the Senior Warden, and attends to such other duties as are pointed out to him by the Master or Senior Warden, in accordance with the usages of Masonry and the by-laws of his Lodge. THE STEWARDS Are to assist in the preparation of candidates, and to assist the Senior Deacon in .the discharge of his duties. THE TYLER. The duties of the Tyler are : to tile the Lodge under the direct orders of the Master ; to serve notices, summons, etc., issued un- der the authority of the Master and the Lodge ; and for the faith- ful performance of these duties he shall receive dollars per year for his services. 308 APPENDIX. OTHEB OmCEKS. The Lodge may, in its discretion, appoint a Chaplain, a Marshal, and an Organist, whose duties shall correspond with their titles. ARTICLE IV. TRUSTEES — THEIR ELECTION AND DUTIES. § 8. There shall be chosen by ballot, at the annual election, three Trustees, who shall hold in trust for the Lodge all stocks, securities, investments, and funds in deposit or interest, and shall have power to transfer, exchange, or deposit the same, or any part thereof, whenever required by a vote of the Lodge ; deposits to be made in such institution as may be directed by the Lodge, and no amount shall be drawn firom such deposit without the order of the Lodge. § 9. In case of a vacancy in the office of Trustee, the Lodge may at any time proceed to fill the same, after two weeks* notice. ARTICLE V. MEMBERSHIP — HOW ACQUIRED. § 10. Any person desirous of being initiated in this Lodge must be proposed in writing by a member thereof, at a stated communi- cation. The member making the proposition shall state therein the age, birthplace, profession, and residence of the person pro- posed. If the Lodge consents to receive the proposition, it shall be referred to a special committee of three, whose duty it shall be to make a thorough investigation into the physical, mental, and moral qualification of said candidate, and make their report thereof at the next stated meeting thereafter, unless further time be grant- ed. On the report of said committee being made, the Lodge shall proceed to ballot for the candidate, and, if no black ball appear against him, he shall be declared elected ; but should one black ball appear against him, he shall be rejected. § 11. No person can receive any degree in this Lodge, or become a member thereof, who is not of mature age, sound in mind, per- fect in body and limbs, possessing a good character, a trade or profession, or some visible way of acquiring an honest and respect- able livelihood, and publicly acknowledging a belief in the exist- ence of a Supreme Being. APPENDIX. 309 § 12. Any Mason desii'ous of becoming a member of this Lodge by afl&liation, must produce a certificate of baring paid bis dues in his former Lodge, and of bis having left the same in good stand- ing, subject to the conditions set forth in section 10. ARTICLE VI. FEES AND DUES. § 13. The initiation fee shall be dollars (not less than fif- teen.) The affiliation fee dollars. § 14. The annual dues shall be dollars, payable quarterly. § 15. Any member of the Lodge neglecting or refusing to pay his dues for one year, may be stricken from the roll thereof by a vote of the Lodge, at a stated meeting. § 16. No person withdrawing from this Lodge can again become a member without being proposed and balloted for anew, subject to the provisions of sections 10 and 13. § 17. No member whose name has been stricken from the roll can again become a member of this Lodge without paying up his indebtedness and being proposed and balloted for as in the case of adjoining members. § 18. No brother of this Lodge shall be suspended or expelled from membership unless charges be preferred duly specifying his oflfense, presented by a brother in good standing, and the accused being allowed full opportimity to make his defense. § 1^. Any brother desirous of withdrawing from this Lodge must pay his indebtedness, and obtain its consent thereto. ARTICLE Vn. COMMITTEES. § 20. The Master, on the night of his installation, shall appoint a committee of three members to be called the Standing Commit- tee, whose duty it shall be to examine the books, vouchers, etc. , of the Treasurer and Secretary, from time to time, and to make a detailed report in writing, whenever required. Likewise, to ex- amine and audit all bills, accounts, and claims that may be pre- sented to the Lodge for payment, and report upon the same in writing. Nor shall any account be allowed by the Lodge until it 310 APPENDIX. shall have been examined and reported npon by the Standing Com- mittee. § 21. When in session, the Lodge may refer applications for charity to a Special Committee ; but during the interval the Mas* ter and Wardens shall be a Committee of Charity, and shall have power at any time to draw upon the Treasurer, through the Mas- ter, for a sum not exceeding five dollars at one time, to bestow upon a distressed worthy Master Mason, his wife, widow, or orphan child. § 22. Special Committees may be appointed upon any item of biTsiness, and may consist of as may members as the Lodge, in its discretion, may think proper. All committees shall report at the next stated meeting subsequent to their appointment, and in write ing, unless otherwise ordered by the Lodge. All committees shall be appointed by the Master. Members who are appointed to serve upon committees shall feel bound in honor to give patient and dil- igent attention to the business of their appointment, and report their conclusions to the Lodge without fear or favor. ARTICLE VJJL DISCIPIilNE, OrFENSES, TBIALS, ETC. § 23. An offense in Masonry is defined to be an act which con- travenes these by-laws, any constitutional rule or edict of the Grand Lodge, any requisition of the unwritten law of Masonry, any law of the land, or any law of God. § 24. When an offense shall be committed by a member or members of this Lodge against the laws of Freemasonry, and charges are preferred thereon, it shall be the duty of the Master to appoint not less than three, nor more than seven, disinterested members of the Lodge, commissioners, who shall appoint a time and place for the trial, most convenient for those interested, and summon the parties and their witnesses. After due investigation of all the facts of the case, the commissioners shall found their judgment thereon, and give notice to the parties interested. A majority must concur in such judgment, and their judgment, it approved by the Lodge, shall be final, unless an appeal be taken therefrom to the Grand Lodge within six months, in which case it APPENDIX. 311 Bhall be the duty of tlie commissions, upon receiving notice of such appeal, to transmit their report to the Grand Secretary. AKTICLE IX. § 25. Any portion or the whole of these by-laws may be amend- ed, or others substituted in their stead, at the will of the Lodge, provided the general principles of Freemasonry and the constitu- tional rules and edicts of the Grand Lodge are carefully main- tained. But all amendments, substitutions, etc. , must be proposed in writing, read before the Lodge, and laid over for two weeks be- fore a vote of the Lodge is taken, and a vote of two-thirds of the members present shall be necessary to the adoption of such propo- sition. Any action or edict of the Grand Lodge altering these by-laws, has the eflfect of an amendment, without any action on the part of the Lodge. FORM OF A PROXY. The Proxy of the Subordinate Lodges should be in the following form, viz : At a meeting of Lodge, No , held at , in the county of , in the State of , on the . . . day of . . . A.L. 58.. Resolved, That our Worshipful Brother , Past Master (or Master, as the case may be,) of Lodge, No. . . ,, be and ho is hereby appointed Proxy, to represent this Lodge in the Grand Lodge of the State of , and he is fuUy empowered to act in our behalf, in all the transactions of the Grand Lodge, as effect- lally as if we ourselves were personally present. All which we have caused to be certified by our Master and War- dens, and the seal of our Lodge to be affixed. [l. s,] , Master. , Senior Warden. , Junior Warden. , Secretary. 312 APPENDIX. CERTIFICATE OF ELECTION. The certificate of the election of officers in a Subordinate Lodge should be in the following form, and said officers cannot be recog- nized as members of the Grand Lodge until a proper certificate of election is filed in the Grand Secretary's office : Be it known, that on the day of A. L. 58 . . , at a regular meeting of Lodge, No. . . held in the , county of in the State of , our worthy Brother waa elected Master ; our worthy Brother Senior Warden, and our worthy Brother Junior Warden of the said Lodge, for the ensuing year, and that said Master and Wardens have been duly installed. In testimony whereof we, the members of the said Lodge, have caused the seal thereof to be hereunto affixed, and our Secretary to sign the same. [L. 8.] Secretary. ^ INDEX Advancement 172 Proficiency required. . . 172 Ballot for 172 Besult of rejection 172 Action of Masons — how con- troUed 11 Ancient Landmarks defined 12 Affiliation 176 Age, lawful 47 Ancient Charges — Concerning God and Religion 21 Of the Civil Magistrates 22 Of Lodges 23 Of Master, "Wardens, and Fellows 23 Of the Craft in working 24 Of Behavior 26 Appointed Officers of Lodge 136 Appeal , 188 Eight of 188 From Master . . .14, 81, 193 From Lodge 193 How taken 188 Effect of 190 Forms for 291 Apprentices, Entered 170 14 Apprentices may be tried . . 173 Eight of to Appeal ... 174 Articles XXXIX 30 Avouchment 182 Atheists, cannot Testify 220 Ballot, the 55 Must be unanimous ... 55 Not to be taken till one month after petition 56 Indispensible in all cases 56 All present must 57 Must be secret 15, 58 Cannot be postponed. . 58 Unfavorable cannot be reconsidered 58 For affiliation 59 For each degree 59 Exposui'e of, a cause for discipline 58 Blank 14,0 Belief in God a landmark . . 13 Black-ball qi Cast in error 54. By-laws 79 Form of 305 Burial, Masonic 203 f^U INDEX. Candidates — Laws relating to 47 Qualifications of 47 Must be residents 48 Must present a petition 50 Must answer all ques- tions , 52 K rejected, must obtain consent of rejecting Lodge before peti- tioning another 52 Kejection of, cannot be inquired into 53 May be disciplined, af- ter initiation, for de- ceiving committee .. . 55 Deformity of 47 Initiation of 170 Advancement of 172 Called meetings 151 Certificates 182 Form of 289 Charges, how presented 216 Foi-m of 291 Charter— see Warrant. Civil law, to be obeyed 14 Offences against 213 Committees 157 How appointed 157 On character 52 On business 103, 157 Constitutions, defined 11 Constitutional powers of Lodges 78 Counsel in trials 219 Consecration of a Lodge ... 72 Constitution of a Lodge 73 Deacons, of a Lodge 128 Grand 277 Dedication of a Lodge 73 Degrees at sight 258 Deputy Grand Master 269 Dimission 198 Dimit, form of 290 Discussion, how controlled 102 Dispensations — Who grants 67, 258 Expiration of . . . .^^ . , . 67 For degrees 259 District Deputy Grand Mas- ters 282 Diploma, form of 290 Dues 140 Striking from roll for. . 238 Duties of the Master 89, 110 Of the Wardens. . . .116, 122 Of the Secretary 125 Of the Treasurer 123 Of the Deacons 128 Of the Stewards 131 Of Mas. of Ceremonies 131 Of other officers 136 Elections 138 Who may vote 140 When held 146 Majority required 143 Entered Apprentices 170 INDEX. 315 Eligibility for office 92 Evidence, rules of 221 Exclusion 100, 226 Expulsion 231 Vote required for 232 Notice of 232 Expelled Masons cannot tes- tify 220 Examination of visitors .... 184 Fellow Ckatts 174 Freeborn, candidates must be 14 Fines 225 Felony, how dealt with 213 Forms, various 287 Funds of a Lodge 82 General Kegulations, 1721 30 Grand Lodge, the 239 Formation of 240 Legislative powers of. . 243 Judicial powers of 246 Executive powers of. . . 247 Jurisdiction of 248 Grand officers 251 Grand Master 253 May be disciplined 255 May convene the G. L. 256 Presides in Grand L . . 268 Issues summons 258 Grants dispensations . . 258 Constitutes new Lodges 259 Arrests Lodge charters 260 Makes Masons at sight 261 Heals irregular Masons 263 Appoints subordinates. 264 Is elected annually. . . . 267 Grand Vv'ardens 271 Treasurer 272 Secretary 272 ' Chaplains 274 Marshal 275 Standard Bearer 275 Sword Bearer 276 Stewards 276 Deacons 277 Poursuivant 277 Tyler 277 Lecturer 278 HoNOBARY Membeeship 279 Healing 263 Installation 146 To foUow each election 148 By proxy 148 Who may conduct 148 In Lodges U.D 67 Of a Lodge 73 Instruction of Eepresenta- tives 77 Inherent powers of a Lodge 77 Jurisdiction — Grand Lodges 248 Lodges 83 Territorial 83 Penal 84 Over sojourners 85 316 INDEX. Jurisdiction over non-afl&lia- ted Masons 85 Over candidates 83 Over unfinished work . . 83 Junior Deacon 129 Junior Warden 116 Law, Masonic, defined 9 Foundations of 10 Authorities for 19 Landmarks 13 Discussed 15 Kemoval of, void 16 Laws relating to candidates 47 Must be freebom 47 Of lawful age 47 Of good report 47 Declare his belief in a Supreme Being 48 Keside where initiated. 48 Be self-denying 49 Have some degree of ed- ucation 50 Present a petition 51 Law, Parliamentary 151 Lecturer, Grand 278 Lodges, inherent powers of 77 Constitutional powers of 78 Lodge, the 65 Defined 65 Under dispensation 66 Lodges U. D., powers of. . . 66 Warranted 70 Consecration of 72 Dedication of 73 Lodges XT. D., Listallafion. 73 Powers of 74 Cannot try the Master. 15 Precedency and juris- diction of 82 Funds of 82 Officers of 89 Jurisdiction of 83 Masonic Law, defined 9 Offences against 212 Masonic Ofi'ences 210 Trials 214 Punishments 225 Kules of action 11 Master Masons, rights of. . . 176 Amenable to local laws 15 Master, Grand 253 Master of a Lodge 89 His qualifications . . .14, 90 Has power to — Congregate his Lodge 98 Preside 99 Fill vacancies 100 Control admissions . . 100 Eegulate discussion. 102 Appoint committees. 103 v Close 103 Issue summons 105 Control the warrant. 106 Kepresent his Lodge 107 Other rights of 108 Cannot dimit or resign 110 Marshal 137 Masters of Ceremonies 131 INDEX. 317 Making Masons at sight 15, 261 Making Masons, how many 77 Meetings 150 Stated 151 Special 150 Cannot be adjourned , . 166 Mendicants 194 Members, floor 167 Membership, actual 176 Honorary 179 Minutes of a Lodge 126 Moral law, the rule of Ma- sons 13 Offences against 212 Modes of recognition, a land- mark 14 Mariners, excepted from law of residence 84, 48 NON-APTTLIATED MaSONS 203 Disabilities of 206 Subject to trial 85 Their appeal 86 Notice before initiation 31 Objection, right of 60 Officers of a Lodge 87 Nominations for 144 Lastallation of 148 Who may instal ^148 Cannot resign 122 Offences, Masonic 210 Against moral law 212 Against Masonic law. . 212 Offences, Political 213 , Against civil law 213 Various 213 Origin of Grand Lodges. . . 240 Peoposition of candidates not in accordance with ancient usage . . 51 Petition of a candidate, form of 51 Can only be presented at a stated meeting. 52 Cannot be withdrawn . , 52 Fee to accompany 52 Must lie over one month 56 Previously rejected 52 For membership 59 Powers of a Lodge U. D. . . 66 A Warranted Lodge ... 74 A Master 89, 110 A Grand Master 256 Wardens 116, 122 Grand Wardens 271 Precedency and jurisdiction of Lodges 82 Penal code of Masonry 208 Past Master 112 Privileges of 113 Parliamentary usages 151 Punishments, Masonic 225 Physical qualifications 47 Proxies to Grand Lodge . . . 114 Form for 311 Petitions for New Lodges . . 173 Political offences 213 318 INDEX. QuAuncATioNS of candi- dates 47 Of the Master 14, 90 Right — Of membership 176 To visit 180 Of avouchment 182 Of trial 187 Of appeal 188 Of relief 193 Of withdrawal 198 Of burial 203 To constitute a Lodge . 259 To instal officers 113 Rejected applicants 52, 172 For initiation 52 For advancement 172 Recognition, modes of, a landmark 14 Regulations of 1721 30 Records of the Lodge 126 Reprimand 226 Representatives in Grand Lodge 15 May be instructed 77 Reserved rights of Lodges. 245 Restoration 234 Vote required for. 236 Rules of action, defined 11 Ritual, control of . . 80 Secbetaky of a Lodge 125 Grand 272 Senior Warden 116 Senior Deacon 128 Sight, Masons made at. .15, 261 Stewards, of a Lodge 131 Grand 276 Suitable proficiency 172 Secrecy of the BaUot 15, 58 Suspension, definite 230 Indefinite 231 Vote required for 232 Notice of 232 Of by-laws 80 Of a warrant 72 Sword Bearer, Grand 276 Standard Bearer, Grand . . . 275 Succession to the chair 111 Special Meetings 151 Summons 105 Style of Grand officers 252 Sojourners 83 Surrendering a warrant 72 Tkeasukee of a Lodge 123 Grand 272 Thirty-nine Articles 30 Tellers 146 Trustees 137 Tyler of a Lodge 134 Grand 277 Trials, Masonic 214 Forms for 291 Right of 287 Sei-vice of charges 216 Answer to charges 216 Counsel 223 Examining witnes.ses. . 220 INDEX. 319 Trials, Competency of wit- nesses 220 Kules of Evidence ... 221 Summing up 224 Verdict 224 Final action of Lodge . . 224 Appeal from 225 Unitnished work 25 Visit, right of 14, 180 Visitors, control of 100 Avouched for 182 Objection to 180 Examination of 184 Voting, right of 140 Limitation of 140 Waekant, imftutable 70 How forfeited 71 How surrendered 72 May be suspended 72 Form of 288 Custody of 106 Wardens 116 Prerogatives of 119 Succession of 121 Cannot resign 122 Grand 271 Withdrawal, right of 198 Of petitions 52 Witnesses, who may be 220 Weekly meetings 151 Work 80, 278 Unfinished 25 POPULAR WORKS 01 FREEMASONRY PUBLISHED KY THE MASONIC PUBLISHING AND MANUFACTURING CO. 432 BROOME STREET, N. Y. Any book m this list sent by nrtail to any address in the l/nfted States, free of postage, on receipt of the price. A Ctclopedia op Freemasonay ; containing Definitions of the Technical Terms nsed hy the Fraternity. With an account of the rise and progress of Freemasonry and its Kindred Associations— an- cient and modern : embracing Oliver's Dictionary of Symbolical Masonry. Edited by Robert Macdy, 33d, Illustrated with numer- ous Engravings. Cloth, gilt Bide, $4 00 Guide to the Royal Arch Chapter ; a complete Monitor for Royal Arch Masonry. With full instnictions in the degrees of Mark Master, Past Master. Most Excellent Master, and Royal Arch, according to the text or the Manual of the Chapter, fey John SuEviLLE, P. G. H. P., of New Jersey, and Jas. L. Gould, D. G. H. P., of Connecticut. Together with a Historical Introduction, Explanatory Notes, and Critical Emendations. 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Drew Cloth, 75. Tuck 1 00 Origin and Early History op Masonry. By G. W. Stbinbbenner 1 00 Statutes of the Ancient and Accepted Rite. By A. PiKJB 8 00 TiTK Book op the Ancient and Accepted Scottish Ritb OP Frkemasonrt: containing Instructions in all the De^ees from tlie Third to the Thirty-third and Last Degree of the Rite, to- eether with Ceremonies of Inauguration, Institution, Installadoii, Grand Visitations, Refections, Locges of Sorrow, Adoption. Constl* tutions, General Regulations, Calendar, etc. By Charles T, McClen- ACHAN, a3°. EmbeilUhed with vpwardf of 300 flnely-txecuUd fn- (/ravings, nearly all of which ar4 from original designs. Cloth, gilt, (5 00 Masonic Law and Practice, with Forms. By Luke A. LocKWooD, Past Grand liigh-Priest of Connecticut 1 00 Des Freimaurer'b IIakdbuch (Oerman) 7B Moral Design or Freemasonry. By S. Lawrencb 100 Book OF the CuAPTER. By A. G. Macket, M. D 1 TO Majionio Vocal Manual. By Robert Macot per doa. 8 00 Manxtal DB LA Masoneria (