A familiar treatise on the principles and practice of masonic jurisprudence

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Section I. -qualifications

Masoney, like society in general, is an aggregate of individuals, and exercises, as a body, the sovereignty primarily invested in the individual Masons. The source of power being in the people, it is important 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-born," 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 lawful age; that is, at least twentyone 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 the tongue of good report; that is to say, of good moral character and standing in the community, and liaye a yisible and honorable means of obtaining a liyelihood for himself and those who may be dependent upon him.

He must acknowledge and declare his belief in the existence of a Supreme Being, 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 incited thereto by the solicitation of friends, nor by the inducement of mercenary or other unworthy motiyes.

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 military 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 jurisdiction of material belonging to another. The great evil of the indiscriminate making of Masons without regard to their place of residence, has been the facility thus afforded to men who had no characters to lose at home, going abroad, and palming themselves off on some new-found acquaintance as suitable candidates 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 will 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 fraternity, thus becoming part of an association dating in principle from the earliest 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 happiness from the effort to increase the happiness of others. He should consider that in a society existing wherever civilization 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 PPJXCIPLES AND PRACTICE OF

and tlras lie must be prepared to exercise the virtue of self-abnegation.

He should also understand that, as a Mason, it will 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 enrich 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 light under 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 advancement and that of the fraternity.

The candidate, thus qualified, 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 II. -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 initiated. In many lodges, the practice now is, for a 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 understanding 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

52 riUXCIPLES AND TKACTICE 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 all 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 petition, 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 possession 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, the fee shall be returned. — G. L. of N. Y., 1859.

the local regulations 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 : — " Xone 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." 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 persons, 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 unjustifiable and irnmasonic nature of such proceedings, 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 which we are not responsible. Moreover, it is always of greater importance that the Craft should be protected against the admission of improper material, and that peace and harmony should be preserved in the Lodge, than it is that any man, however distinguished, should be admitted to its privileges ; hence the legal delay can never work harm, nor can there be anv 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 investigation shall have convinced them of the propriety of their first act, or of its reversal, on the presentation of a new petition.

Mistakes are common to all men and bodies of men, and it does sometimes happen 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 nevr petition when the proper time has arrived. In this connection it is proper to remark, 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 committed previous to his initiation, a knowledge of which was willfully concealed at the time of his makL (G. L. of X. Y., 1861.) Thus, a person who had applied to a lodge, and been rejected, and who, on 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.

Assu min g the committee to hare 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 •: .: week, which is in accordance with the local regulations of many Grand Lodges, the letter of such regulations being, that u a petition for initiation or affiliation can only be received at a stated communication, and must be laid over till the following one ; which correctly answered the requirements when lodges met but once a month : but now, when nine lodges cut of ten meet twice in each month, and manv four times,

5Q PRINCIPLES AND PRACTICE OF

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 absolutely 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;" nothingbeing said of the lapse of " one month," found in the old regulation above quoted, from which it professes to be taken ; but in 1858 the Grand Master decided that a proposition for honorary membership must he over for one month. Now, if the empty privileges of honorary membership require a month's consideration 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 considered. A majority of the Grand Lodges we are* however, happy to say, enforce the rule in its integrity, and that they are right in so doing, there can be no question.

There must be a ballot : for it is the right of every 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 unfavorable 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 election, and thus do away with the ballot altogether.

The ballot must be unanimous. — In Europe the practice 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 evident that all 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 unanimous 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.

The ballot must be secret. — Without this indispensable quality, its purity and independence cannot be preserved ; hence it is that no Brother has 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 be 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 discipline.

The ballot cannot be unreasonably postponed. — That is, in the ordinary course of affairs, a motion to postpone the ballot should not be entertained, because, in that case, some brother may be deprived of his right, and ultimately an unworthy or " fractious member 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 unfavorable, 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 possibility 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 unfavorable, it should then cease, and the formal declaration be made.

When the ballot is held on an application for affiliation, 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 regulation 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

GO PRINCIPLES AND PRACTICE OF

members of that Lodge, then present when the candidate is proposed, and their consent is formally asked by the Master." There is, we think, a misunderstanding as to the purport of the word " proposed," — it being generally taken in its modern sense, with reference to the first proposition, or, more properly, presentation of the petition, and not to the actual making. But we have already shown that the present fashion of proposing a candidate is of modern origin, and, like many similar innovations, has crept into our lodges with the initiation of persons previously affiliated in other associations. The proposition here referred to is, beyond doubt, that made by the Master when the candidate, having petitioned for initiation, the petition having been received, and referred to the usual committee, the committee having reported, 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 further 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 authorities in the United States, and we agree with them.

MASONIC JUEISPErDEXCE. 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 negative ballot has been aptly termed the palladium of Masonry ; for on its discreet use the institution relies as a safeguard against the unworthy, who seek admission to our temples for purposes utterly foreign to the designs laid down upon the original trestleboards of the Craft. The more popular Masonry becomes, the greater will be the number of the profane, 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 sanctuaiy, armed with an instrument that shall execute his will,

"As lightning does the 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 then minds to a rigid respect for its appearance in the ballot, even though a brother were passing the ordeal. To these causes, more than all others, may be traced the difficulties that arise in Lodges : the scandal, the heaii-burnings, the shame, that so often attend on personal quarrels, pursued to the bitter end with all the spiteful animosity arising 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 discretion, as an act of conscience, in the execution of which, not even the dearest Mend — 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 Mends ; for in most cases where passion is allowed to rule, the smirk of satisfied malevolence betrays the secret. The adverse party, in the heat of disappointment, will seek a counter-revenge, and thus the fire being lighted, it will — 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, 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 aggrieved 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? Reflection must convince us that such action cannot be justified, and that it is better to submit in silence to what we believe 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 implication, 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 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 unquestionably be better ; to which end we submit for consideration 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, presents 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 lie 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 lo present objections, 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 committee, the Lodge proceeds to ballot, uninfluenced by any consideration but the personal character and fitness of the candidate. It is respectfully submitted that, in most, if not all cases, this plan would tend to prevent the unpleasant feelings arising from the use of the black-ball.

CHAPTEE III.

Haying 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 followed beyond that point, we now invite attention to the formation of a Lodge, and the various considerations 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 Regulations."

Previous to the revival of Masonry in 1717, a Lodge was simply a congregation of Masons in some appropriate or convenient place, by authority of the sheriff or civil magistrate, for the purpose of " making " one or more profanes, which ceremony being accomplished, 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 united in the formation of the Grand Lodge of England 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 formation 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 undergo a probation, of greater or less extent, according 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 with

SECTION I. -LODGES UNDER DISPENSATION.

A Lodge under Dispensation is described as a temporary and inchoate body, not entitled to representation 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 Warrant of Constitution issues. To form such a Lodge, 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 forwarded 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 Dispensation 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 communication 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 will. 2. It can hold no regular election, nor can its officers be installed. 3. It cannot be represented in

* See Appendix.

f In the State of New York, no Dispensation to form a new Lodge can be issued within three months next preceding the Annual Communication of the Grand Lodge, nor without the recommendation of all the Lodges whose jurisdiction shall be affected by such Dispensation, except in cities.