The Principles of Masonic Law Part 14

Section XI.

_Of the Number to be Initiated at one Communication._

The fourth General Regulation decrees that "no Lodge shall make more than five new Brothers at one time." This regulation has been universally interpreted (and with great propriety) to mean that not more than five degrees can be conferred at the same communication.

This regulation is, however, subject to dispensation by the Grand Master, or Presiding Grand Officer, in which case the number to be initiated, pa.s.sed, or raised, will be restricted only by the words of the dispensation.

The following, or fifth General Regulation, says that "no man can be made or admitted a member of a particular lodge, without previous notice, one month before, given to the same lodge."

Now, as a profane cannot be admitted an Entered Apprentice, or in other words, a member of an Entered Apprentices' lodge, unless after one month's notice, so it follows that an Apprentice cannot be admitted a member of a Fellow Crafts' lodge, nor a Fellow Craft of a Masters', without the like probation. For the words of the regulation which apply to one, will equally apply to the others. And hence we derive the law, that a month at least must always intervene between the reception of one degree and the advancement to another. But this rule is also subject to a dispensation.

Section XII.

_Of Finis.h.i.+ng the Candidates of one Lodge in another._

It is an ancient and universal regulation, that no lodge shall interfere with the work of another by initiating its candidates, or pa.s.sing or raising its Apprentices and Fellow Crafts. Every lodge is supposed to be competent to manage its own business, and ought to be the best judge of the qualifications of its own members, and hence it would be highly improper in any lodge to confer a degree on a Brother who is not of its household.

This regulation is derived from a provision in the Ancient Charges, which have very properly been supposed to contain the fundamental law of Masonry, and which prescribes the principle of the rule in the following symbolical language:

"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."

There is, however, a case in which one lodge may, by consent, legally finish the work of another. Let us suppose that a candidate has been initiated in a lodge at A----, and, before he receives his second degree, removes to B----, and that being, by the urgency of his business, unable either to postpone his departure from A----, until he has been pa.s.sed and raised, or to return for the purpose of his receiving his second and third degrees, then it is competent for the lodge at A---- to grant permission to the lodge at B---- to confer them on the candidate.

But how shall this permission be given--by a unanimous vote, or merely by a vote of the majority of the members at A----? Here it seems to me that, so far as regards the lodge at A----, the reasons for unanimity no longer exist. There is here no danger that a "fractious member will be imposed on them," as the candidate, when finished, will become a member of the lodge at B----. The question of consent is simply in the nature of a resolution, and may be determined by the a.s.senting votes of a majority of the members at A---. It is, however, to be understood, that if any Brother believes that the candidate is unworthy, from character, of further advancement, he may suspend the question of consent, by preferring charges against him. If this is not done, and the consent of the lodge is obtained, that the candidate may apply to the lodge at B---, then when his pet.i.tion is read in that lodge, it must, of course, pa.s.s through the usual ordeal of a month's probation, and a unanimous vote; for here the old reasons for unanimity once more prevail.

I know of no ancient written law upon this subject, but it seems to me that the course I have described is the only one that could be suggested by a.n.a.logy and common sense.

Section XIII.

_Of the Initiation of Non-residents._

The subject of this section is naturally divided into two branches:--First, as to the initiation by a lodge of a candidate, who, residing in the same State or Grand Lodge jurisdiction, is still not an inhabitant of the town in which the lodge to which he applies is situated, but resides nearer to some other lodge; and, secondly, as to the initiation of a stranger, whose residence is in another State, or under the jurisdiction of another Grand Lodge.

1. The first of these divisions presents a question which is easily answered. Although I can find no ancient regulation on this subject, still, by the concurrent authority of all Grand Lodges in this country, at least, (for the Grand Lodge of England has no such provision in its Const.i.tution,) every lodge is forbidden to initiate any person whose residence is nearer to any other lodge. If, however, such an initiation should take place, although the lodge would be censurable for its violation of the regulations of its superior, yet there has never been any doubt that the initiation would be good and the candidate so admitted regularly made. The punishment must fall upon the lodge and not upon the newly-made Brother.

2. The second division presents a more embarra.s.sing inquiry, on account of the diversity of opinions which have been entertained on the subject. Can a lodge in one State, or Grand Lodge jurisdiction, initiate the resident of another State, and would such initiation be lawful, and the person so initiated a regular Mason, or, to use the technical language of the Order, a Mason made "in due form," and ent.i.tled to all the rights and privileges of the Order?

The question is one of considerable difficulty; it has given occasion to much controversy, and has been warmly discussed within the last few years by several of the Grand Lodges of the United States.

In 1847, the Grand Lodge of Alabama adopted the following regulation, which had been previously enacted by the Grand Lodge of Tennessee:

"Any person residing within the jurisdiction of this Grand Lodge, who has already, or shall hereafter, travel into any foreign jurisdiction, and there receive the degrees of Masonry, such person shall not be ent.i.tled to the rights, benefits, and privileges of Masonry within this jurisdiction, until he shall have been regularly admitted a member of the subordinate lodge under this Grand Lodge, nearest which he at the time resides, in the manner provided by the Const.i.tution of this Grand Lodge for the admission of members."

The rule adopted by the Grand Lodge of Maryland is still more stringent.

It declares, "that if any individual, from selfish motives, from distrust of his acceptance, or other causes originating in himself, knowingly and willfully travel into another jurisdiction, and there receive the masonic degrees, he shall be considered and held as a clandestine made Mason."

The Grand Lodge of New York, especially, has opposed these regulations, inflicting a penalty on the initiate, and a.s.signs its reasons for the opposition in the following language:

"Before a man becomes a Mason, he is subject to no law which any Grand Lodge can enact. No Grand Lodge has a right to make a law to compel any citizen, who desires, to be initiated in a particular lodge, or in the town or State of his residence; neither can any Grand Lodge forbid a citizen to go where he pleases to seek acceptance into fellows.h.i.+p with the craft; and where there is no right to compel or to forbid, there can be no right to punish; but it will be observed, that the laws referred to were enacted to punish the citizens of Maryland and Alabama, as Masons and Brethren, for doing something before they were Masons and Brethren, which they had a perfect right to do as citizens and freemen; and it must certainly be regarded as an act of deception and treachery by a young Mason, on returning home, to be told, that he is 'a clandestine Mason,'

that he 'ought to be expelled,' or, that he cannot be recognized as a Brother till he 'joins a lodge where his residence is,' because he was initiated in New York, in England, or in France, after having heard all his life of the universality and oneness of the inst.i.tution."[77]

It seems to us that the Grand Lodge of New York has taken the proper view of the subject; although we confess that we are not satisfied with the whole course of reasoning by which it has arrived at the conclusion.

Whatever we may be inclined to think of the inexpediency of making transient persons (and we certainly do believe that it would be better that the character and qualifications of every candidate should be submitted to the inspection of his neighbors rather than to that of strangers), however much we may condemn the carelessness and facility of a lodge which is thus willing to initiate a stranger, without that due examination of his character, which, of course, in the case of non-residents, can seldom be obtained, we are obliged to admit that such makings are legal--the person thus made cannot be called a clandestine Mason, because he has been made in a legally const.i.tuted lodge--and as he is a regular Mason, we know of no principle by which he can be refused admission as a visitor into any lodge to which he applies.

Masonry is universal in its character, and knows no distinction of nation or of religion. Although each state or kingdom has its distinct Grand Lodge, this is simply for purposes of convenience in carrying out the principles of uniformity and subordination, which should prevail throughout the masonic system. The jurisdiction of these bodies is entirely of a masonic character, and is exercised only over the members of the Order who have voluntarily contracted their allegiance. It cannot affect the profane, who are, of course, beyond its pale. It is true, that as soon as a candidate applies to a lodge for initiation, he begins to come within the scope of masonic law. He has to submit to a prescribed formula of application and entrance, long before he becomes a member of the Order. But as this formula is universal in its operation, affecting candidates who are to receive it and lodges which are to enforce it in all places, it must have been derived from some universal authority. The manner, therefore, in which a candidate is to be admitted, and the preliminary qualifications which are requisite, are prescribed by the landmarks, the general usage, and the ancient const.i.tutions of the Order.

And as they have directed the _mode how_, they might also have prescribed the _place where_, a man should be made a Mason. But they have done no such thing. We cannot, after the most diligent search, find any const.i.tutional regulation of the craft, which refers to the initiation of non-residents. The subject has been left untouched; and as the ancient and universally acknowledged authorities of Masonry have neglected to legislate on the subject, it is now too late for any modern and local authority, like that of a Grand Lodge, to do so.

A Grand Lodge may, it is true, forbid--as Missouri, South Carolina, Georgia, and several other Grand Lodges have done--the initiation of non-residents, within its own jurisdiction, because this is a local law enacted by a local authority; but it cannot travel beyond its own territory, and prescribe the same rule to another Grand Lodge, which may not, in fact, be willing to adopt it.

The conclusions, then, at which we arrive no this subject are these: The ancient const.i.tutions have prescribed no regulation on the subject of the initiation of non-residents; it is, therefore, optional with every Grand Lodge, whether it will or will not suffer such candidates to be made within its own jurisdiction; the making, where it is permitted, is legal, and the candidate so made becomes a regular Mason, and is ent.i.tled to the right of visitation.

What, then, is the remedy, where a person of bad character, and having, in the language of the Grand Lodge of Maryland, "a distrust of his acceptance" at home, goes abroad and receives the degrees of Masonry? No one will deny that such a state of things is productive of great evil to the craft. Fortunately, the remedy is simple and easily applied. Let the lodge, into whose jurisdiction he has returned, exercise its power of discipline, and if his character and conduct deserve the punishment, let him be expelled from the Order. If he is unworthy of remaining in the Order, he should be removed from it at once; but if he is worthy of continuing in it, there certainly can be no objection to his making use of his right to visit.

Chapter II.

Of the Rights of Entered Apprentices.

In an inquiry into the rights of Entered Apprentices, we shall not be much a.s.sisted by the Ancient Const.i.tutions, which, leaving the subject in the position in which usage had established it, are silent in relation to what is the rule. In all such cases, we must, as I have frequently remarked before, in settling the law, have recourse to a.n.a.logy, to the general principles of equity, and the dictates of common sense, and, with these three as our guides, we shall find but little difficulty in coming to a right conclusion.

At present, an Entered Apprentice is not considered a member of the Lodge, which privilege is only extended to Master Masons. This was not formerly the case. Then the Master's degree was not as indiscriminately conferred as it is now. A longer probation and greater mental or moral qualifications were required to ent.i.tle a candidate to this sublime dignity. None were called Master Masons but such as had presided over their Lodges, and the office of Wardens was filled by Fellow Crafts.

Entered Apprentices, as well as Fellow Crafts, were permitted to attend the communications of the Grand Lodge, and express their opinions; and, in 1718, it was enacted that every new regulation, proposed in the Grand Lodge, should be submitted to the consideration of even the youngest Entered Apprentice. Brethren of this degree composed, in fact, at that time, the great body of the craft. But, all these things have, since, by the gradual improvement of our organization, undergone many alterations; and Entered Apprentices seem now, by universal consent, to be restricted to a very few rights. They have the right of sitting in all lodges of their degree, of receiving all the instructions which appertain to it, but not of speaking or voting, and, lastly, of offering themselves as candidates for advancement, without the preparatory necessity of a formal written pet.i.tion.

These being admitted to be the rights of an Entered Apprentice, few and unimportant as they may be, they are as dear to him as those of a Master Mason are to one who has been advanced to that degree; and he is, and ought to be, as firmly secured in their possession. Therefore, as no Mason can be deprived of his rights and privileges, except after a fair and impartial trial, and the verdict of his peers, it is clear that the Entered Apprentice cannot be divested of these rights without just such a trial and verdict.

But, in the next place, we are to inquire whether the privilege of being pa.s.sed as a Fellow Craft is to be enumerated among these rights? And, we clearly answer, No. The Entered Apprentice has the right of making the application. Herein he differs from a profane, who has no such right of application until he has qualified himself for making it, by becoming an Entered Apprentice. But, if the application is granted, it is _ex gratia_, or, by the favour of the lodge, which may withhold it, if it pleases. If such were not the case, the lodge would possess no free will on the subject of advancing candidates; and the rule requiring a probation and an examination, before pa.s.sing, would be useless and absurd--because, the neglect of improvement or the want of competency would be attended with no penalty.

It seems to me, then, that, when an Apprentice applies for his second degree, the lodge may, if it thinks proper, refuse to grant it; and that it may express that refusal by a ballot. No trial is necessary, because no rights of the candidate are affected. He is, by a rejection of his request, left in the same position that he formerly occupied. He is still an Entered Apprentice, in good standing; and the lodge may, at any time it thinks proper, reverse its decision and proceed to pa.s.s him.

If, however, he is specifically charged with any offense against the laws of Masonry, it would then be necessary to give him a trial. Witnesses should be heard, both for and against him, and he should be permitted to make his defense. The opinion of the lodge should be taken, as in all other cases of trial, and, according to the verdict, he should be suspended, expelled, or otherwise punished.

The effect of these two methods of proceeding is very different. When, by a ballot, the lodge refuses to advance an Entered Apprentice, there is not, necessarily, any stigma on his moral character. It may be, that the refusal is based on the ground that he has not made sufficient proficiency to ent.i.tle him to pa.s.s. Consequently, his standing as an Entered Apprentice is not at all affected. His rights remain the same. He may still sit in the lodge when it is opened in his degree; he may still receive instructions in that degree; converse with Masons on masonic subjects which are not beyond his standing; and again apply to the lodge for permission to pa.s.s as a Fellow Craft.

But, if he be tried on a specific charge, and be suspended or expelled, his moral character is affected. His masonic rights are forfeited; and he can no longer be considered as an Entered Apprentice in good standing. He will not be permitted to sit in his lodge, to receive masonic instruction, or to converse with Masons on masonic subjects; nor can he again apply for advancement until the suspension or expulsion is removed by the spontaneous action of the lodge.

These two proceedings work differently in another respect. The Grand Lodge will not interfere with a subordinate lodge in compelling it to pa.s.s an Entered Apprentice; because every lodge is supposed to be competent to finish, in its own time, and its own way, the work that it has begun. But, as the old regulations, as well as the general consent of the craft, admit that the Grand Lodge alone can expel from the rights and privileges of Masonry, and that an expulsion by a subordinate lodge is inoperative until it is confirmed by the Grand Lodge, it follows that the expulsion of the Apprentice must be confirmed by that body; and that, therefore, he has a right to appeal to it for a reversal of the sentence, if it was unjustly p.r.o.nounced.