A manual of masonic jurisprudence: designed for the use of lodges and brethren under the jurisdiction of the Grand lodge of Kentucky

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Introduction

It is not surprising, when we consider that the Masonic Fraternity is composed of persons engaged in the cares and business of active life, and therefore not able to devote much time to the study of abstruse subjects, that much ignorance exists in regard to Masonic Jurisprudence. So great have been the numbers that have attached themselves to the fraternity within a few years past, so little time has been devoted by them to explore the sources of Masonic light, the rules, regulations, and ancient customs that are the foundations of Masonic law, that, until within a comparatively short period, it has been generally regarded as requiring more study and research than ordinary subjects.

Add to this the fact, that in too many Lodges the custom prevails of making frequent changes in the officers governing such bodies, so that it happens in many instances that just when the Master has acquired some experience in the duties of his office, and is becoming competent to govern his Lodge in a proper manner, he is displaced, and a new and perhaps another inexperienced one elected. He, in his turn, is also displaced just as he is becoming fit to exercise the great powers committed to him, giving way in like manner to another more inexperienced than himself. Hence but little progress is made in the study of the jurisprudence of Masonry in such Lodges.

4 INTRODUCTION.

It is our decided opinion, based on long experience, that when a Lodge has secured a fit and competent Master, as a general rule, he should be retained in office as long as he is willing to serve in that capacity. The same remark applies to the Secretary of the Lodge. These two officers are really the most important in a Lodge, and ought not to be changed for light and trivial reasons.

All these causes have contributed to the general ignorance that so extensively prevails, not only in this, but in other jurisdictions, in regard to Masonic Jurisprudence.

As each Grand Lodge is supreme within its own jurisdiction, and has the right to prescribe to her subordinates the regulations by which their work is carried on, not infringing on the ancient landmarks, there will of course be some difference in the local policy of Lodges under different jurisdictions ; but on the grand questions of jurisprudence there will scarcely be found any material variation.

In this short treatise it will be our object to present the principles of Masonic Jurisprudence, in accordance with the rulings of the Grand Lodge of Kentucky, in such form as will enable the craft in this state to decide the multifarious questions that arise in the workings of the subordinate Lodges without difficulty, thereby producing more uniformity in their decisions, and at the same time lightening as well the duties of the Masters of Lodges, as of the Grand Master, and the Grand Lodge itself ultimately.

We cheerfully acknowledge our indebtedness to the various works heretofore published on this subject, especially to those of Brothers Mackey, of South Carolina, and Simons, of JSTew York.

A MANUAL

MASONIC JURISPRUDENCE.

Chapter I

Law, in its general sense, has been happily described by an eminent jurist as a rule of action. Masonic law may therefore be laid down as a rule of action for those who are Masons, whereby is prescribed what is right and fit to be done by them as such, at the same time prohibiting what is contrary to the ancient constitutions, rules, and regulations of the fraternity.

The sources of Masonic law are :

1. The unwritten law, or the ancient landmarks of Masonry, including ancient usages and customs.

2. The written law, or constitutions and general regulations, which also includes

3. Eules, edicts, and resolutions, having the force of general regulations.

The ancient landmarks are those principles of Masonic government that may never be altered or infringed, and are binding upon the whole Masonic fraternity wherever dispersed. They have been recognized as binding on the craft from the time " whereof the memory of man runneth not to the contrary," and are unchangeable.

Constitutions and general regulations are those written agreements or laws adopted by Masons for the government of a Grand Lodge, its subordinate Lodges, and members ; and, when constitutionally adopted, are intended to be permanent in their character.

Eules, edicts, and resolutions are those rules of action, adopted by competent authority, principally for local or temporary purposes, admitting of changes at the convenience of the party enacting them.

The last two classes, however, are subject to this condition, as is well expressed by the language used in the General Eegulations adopted by the Grand Lodge of England in 1721 : " Provided, always, that the old landmarks be carefully preserved." Some diversity of opinion exists as to what these landmarks are. After having examined the best writers on this subject, and compared their opinions with great care, we lay down the following, mainly following the text of E. W. John "W. Simons, Past Grand Master of New York.

ANCIENT LANDMARKS.

1. A belief in the existence of a Supreme Being, the Grand Architect of the Universe, and in the immortality of the soul.

2. That the moral law, which inculcates, among other things, charity, probity, industry, and sobriety, is the rule and guide of every Mason.

3. Respect for and obedience to the civil law of the country, and the Masonic regulations of the jurisdiction, where a Mason may reside.

4. That no person should be made a Mason except he be a free-born white man, of lawful age, and possess no deformity which would prevent him from being perfectly instructed in the mysteries of Freemasonry, and in his turn instructing others.

5. The modes of recognition, and generally the rites and ceremonies of the three degrees of Ancient Craft Masonry.

6. That the Master of a Lodge, or the Warden occupying the chair in his absence, is supreme in his Lodge, and no appeal can be taken to the Lodge from his decision ; but an appeal therefrom may be taken to the Grand Lodge to which the Master or presiding Warden is amenable for the manner in which he discharges the duties of his office.

7. That no one can be Master of a chartered Lodge until he has been installed and served one year as Warden, unless in some extraordinary case, as when a new Lodge is to be formed, and no past or former Warden is to be found among the members.

6. That when a man becomes a Mason he not only acquires membership in the particular Lodge that admits him, but, in a general sense, lie becomes one of the whole Masonic family; and hence he has a right to visit, masonieally, every regular Lodge, except when such visit is likely to disturb the harmony or interrupt the working of the Lodge he proposes to visit.

9. The prerogative of the Grand Master to preside over every assembly of the craft within his jurisdiction, and to grant dispensations for the formation of new Lodges.

10. That no one can be made a Mason save in a regular Lodge, duly convened, after petition, inquiry into his character, and acceptance by unanimous ballot.

11. That the ballot for candidates be strictly and inviolably secret.

12. That a Lodge can not try its Master, who is only amenable to the Grand Lodge.

13. That every Mason is amenable to the laws and regulations of the jurisdiction in which he resides, even though he be a member of a particular Lodge in some other jurisdiction, and that from this liability he is not exempt by non-affiliation.

14. The right of the craft at large, embodied in subordinate Lodges, to be represented in Grand Lodge, and to instruct their representatives.

15. The general aim and form of the society, as handed down to us by the fathers, to be by us preserved inviolate, and transmitted in the same way to our successors forever.

Other sources of Masonic law are the ancient, by some called the Gothic, constitutions. None of these, however, are now extant. A manuscript poem still exists in the old Eoyal Library of the British Museum, London, where it was discovered by Mr. Halliwell, who published it in 1844. It is supposed to have been written about the year 1350, and has been twice republished in this country. Dr. Oliver, of England, has no doubt that it contains the original constitutions as adopted in 926 by the General Assembly convened by Prince Edwin, at York, under the authority of King Athelstan. We insert here a condensation, in modern language, of the various articles and points, as made by Dr. Oliver, which was published in the American Quarterly Eeview of Free Masonry, vol. i, p. 546.

THE FIFTEEN ARTICLES.

Art. 1. The Master must be steadfast, trusty, and true ; provide victuals for his men, and pay their wages punctually.

Art. 2. Every Master shall attend the Grand Lodge when duly summoned, unless he have a good and reasonable excuse.

Art. 3. No Master shall take an Apprentice for less than seven years.

Art. 4. The son of a bondman shall not be admitted as an Apprentice, lest, when he is introduced into the Lodge, any of the brethren should be offended.

Art. 5. A candidate must be without blemish, and have the full and proper use of his limbs ; for a maimed man can do the craft no good.

Art. 6. The Master shall take especial care, in the admission of an Apprentice, that he do his lord no prejudice.

Art. 7. He shall harbor no thief or thief's retainer, lest the craft should come to shame.

Art. 8. If he unknowingly employ an imperfect man, he shall discharge him from the work when his inability is discovered.

Art. 9. No Master shall undertake a work that he is not able to finish to his lord's profit and the credit of his Lodge.

Art. 10. A brother shall not supplant his fellow in the work, unless he be incapable of doing it himself; for then he may lawfully finish it, that pleasure and profit may be the natural result.

Art. 11. A Mason shall not be obliged to work after the sun has set in the west.

Art. 12. ISTor shall he decry the work of a brother or fellow, but shall deal honestly and truly by him, under a penalty of not less than ten pounds.

Art. 13. The Master shall instruct his Apprentice faithfully, and make him a perfect workman.

Art. 14. He shall teach him all the secrets of his trade.

Art. 15. And shall guard him against the commission of perjury, and all other offenses by which the craft may be brought to shame.

PLURES CONSTITUTIONS.

Point 1. Every Mason shall cultivate brotherly love and the love of God, and frequent holy church.

Point 2. The workman shall labor diligently on work-days, that he may deserve his holidays.

Point 3. Every Apprentice shall keep his Master's counsel, and not betray the secrets of his Lodge.

Point 4. No man shall be false to the craft, or entertain a prejudice against his Master and fellows.

Point 5. Every workman shall receive his wages meekly and without scruple; and should the Master think proper to dismiss him from the work, he shall have due notice of the same before H.xii.

Point 6. If any dispute arise among the brethren, it shall be settled on a holiday, that the work be not neglected and God's law fulfilled.

Point 7. ISTo Mason shall debauch, or have carnal knowledge of the wife, daughter, or concubine of his Master or fellows.

Point 8. He shall be true to his Master, and a just mediator in all disputes or quarrels.

Point 9. The Steward shall provide good cheer against the hour of refreshment, and each fellow shall punctually defray his share of the reckoning, the Steward rendering a true and correct account.

Point 10. If a Mason live amiss, or slander his brother, so as to bring the craft to shame, he shall have no further maintenance among the brethren, but shall be summoned to the next Grand Lodge : and if he refuse to appear he shall be expelled.

Point 11. If a brother see his fellow hewing a stone, and likely to spoil it by unskillful workmanship, he shall teach him to amend it, with fair words and brotherly speeches.

Point 12. The General Assembly or Grand Lodge shall consist of the Master and Fellows, Lords, Knights and Squires, Mayor and Sheriff, to make new laws and to confirm old ones when necessary.

Point 13. Every brother shall swear fealty, and if he violate his oath, he shall not be succored or assisted by any of the fraternity.

Point 14. He shall make oath to keep secrets, to be steadfast and true to all the ordinances of the Grand Lodge, to the King and Holy Church, and to all the several points herein specified.

Point 15. And if any brother break his oath, he shall be committed to prison, and forfeit his goods and chattels to the king.

A General Assembly shall be held every year, with the Grand Master at its head to enforce these regulations, and to make new laws when it may be expedient to do so, at which all the brethren are competent to be present ; and they must renew their 0. B. to keep these statutes and constitutions, which have been ordained by King Athelstan, and adopted by the Grand Lodge at York; and this Assembly further directs that, in all ages to come, the existing Grand Lodge shall petition the reigning monarch to confer his sanction on their proceedings.

Various other regulations are published as the sources from which Dr. Anderson drew up those of 1722 ; but, as we wish to be as concise as possible in this publication, we omit them as being principally matter of curious learning. Dr. Anderson's charges were presented by him and Dr. Desaguilers to the Grand Lodge of England in 1721 ; and, having been approved on the 25th of March, 1722, were ordered to be published. They have always been held by the fraternity in the highest veneration, and, with the General Eegulations adopted in 1721, present the most important points of the ancient written law of Masonry. We here insert them.

THE CHARGES OF A FREEMASON,

Extracted from the Ancient Records of Lodges beyond the sea, and of those in England, Scotland, and Ireland, for the use of the Lodges in London, to be read at the making of New Brethren, or ivhen the Master shall order it.

The general heads, viz.: I. Of God and Eeligion.

II. Of the Civil Magistrate, supreme and subordinate.

III. Of Lodges.

IY. Of Masters, Wardens, Fellows, and Apprentices.

V. Of the Management of the Craft in working. VI. Of Behavior, viz.:

1. In the Lodge while constituted;

2. After the Lodge is over and the brethren not gone ;

3. When brethren meet without strangers, but not in a Lodge ;

4. In presence of strangers not Masons ;

5. At home and in the neighborhood ;

6. Toward a strange brother.

I. Concerning God and 'Religion.

A Mason is obliged by his tenure to obey the moral law ; and, if he rightly understand the art, he will never be a stupid atheist nor an irreligious libertine. But though in ancient times Masons were charged in every country to be of the religion of that country or nation, whatever it was, yet it is now thought more expedient only to oblige them to that religion in which all men agree, leaving their particular opinions to themselves ; that is, to be good men and true, or men of honor and honesty, by whatever denominations or persuasions they may be distinguished; whereby Masonry becomes the center of union, and the means of conciliating true friendship among persons that must have remained at a perpetual distance.

II. Of the Civil Magistrate, supreme and subordinate. A Mason is a peaceable subject to the civil powers, wherever he resides or works, and is never to be concerned in plots and conspiracies against the peace and welfare of the nation, nor to behavehimself undutifully to inferior magistrates ; 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 jealousy to the government for the time being, they can not expel him from the Lodge, and his relation to it remains indefeasible.

III. 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 Master 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.

IY. Of Master •<§, 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 Eoyal 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 be a perfect youth, having no maim or defect in his body, that may render him incapable of learning the art of serving his Master's lord, and of being a brother, and then a Fellow-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 qualified, 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 be 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 gentleman 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 office, 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 workingdays, that they may live creditably on holy-days ; and the time appointed by the law of the land, or confirmed by custom, shall be observed.

The most expert of the Fellow-craftsmen shall be chosen or appointed the Master, or overseer of 2 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 draughts 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 fellows; 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.

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.

Xo laborer shall be employed in the proper work of Masonry j nor shall Freemasons 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 while constituted.

You are not to hold private committees, or separate conversation, 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 unbecoming language upon any pretense 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 controversies (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 meanwhile, in which case a particular reference may be made; but you must never go to law about what concerneth Masonry, without an absolute necessity apparent to the Lodge.

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 harmony 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 religion above mentioned. We are also of all nations, tongues, kindreds, and languages, and are resolved against all politics, 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 Britain, or the dissent and secession of these nations from the communion of Eome.

3. Behavior when Brethren meet without strangers, but 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 encroaching 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 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 or 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 Home and in your Neighborhood. You are to act as becomes a moral and wise man ; particularly, not to let your family, friends, and neighbors know the concerns of the Lodge ; 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 toward a Strange Brother.

You are cautiously to examine him, in such a method as prudence shall direct you, that you may not be imposed upon by an ignorant, false pretender, whom you are to reject with contempt and derision, and beware of giving him any hints of knowledge.

But if you discover him to be a true and genuine brother, you are to respect him accordingly; and, if he is in want, you must relieve him if you can, or else direct him how he may be relieved. You must employ him some days, or else recommend him to be employed. But you are not charged to do beyond your ability — only to prefer a poor brother, that is a good man and true, before any other poor people in the same circumstance.

Finally, all these charges you are to observe, and also those that shall be communicated to you in another way; cultivating brother-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 defending his character, and doing him all good offices, as far as is consistent with your honor and safety, and no further. 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 can not 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 law-suits, 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 thankfully submitted to by the contending brethren; and, if that submission is impracticable, they must, however, carry on their process or law-suit without wrath and rancor (not in the common way), saying or doing nothing which may hinder brotherly love and good offices to be renewed and continued; 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.

The general regulations adopted by the Grand Lodge of England, in 1721, are here presented, with the notes of Brother A. G. Mackey thereon, elucidating various changes that have been made since their adoption:

General Eegulations, first compiled by Mr. George Payne, anno 1720, w T hen he was 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 Yilleneau and Mr. Thomas Morris, junior, were chosen by the Lodge Grand Wardens. And now, by the command of our said Eight Worshipful 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.