The Principles of Masonic Law Part 18

An unaffiliated Mason is one who is not connected by members.h.i.+p with any lodge. There can be no doubt that such a position is contrary to the spirit of our inst.i.tution, and that affiliation is a duty obligatory on every Mason. The Old Charges, which have been so often cited as the fundamental law of Masonry, say on this subject: "every Brother ought to belong to a lodge and to be subject to its bye-laws and the General Regulations."

Explicitly as this doctrine has been announced, it has been too little observed, in consequence of no precise penalty having been annexed to its violation. In all times, unaffiliated Masons have existed--Masons who have withdrawn from all active partic.i.p.ation in the duties and responsibilities of the Order, and who, when in the hour of danger or distress, have not hesitated to claim its protection or a.s.sistance, while they have refused in the day of their prosperity to add anything to its wealth, its power, or its influence. In this country, the anti-masonic persecutions of 1828, and a few years subsequently, by causing the cessation of many lodges, threw a vast number of Brethren out of all direct connection with the inst.i.tution; on the restoration of peace, and the renewal of labor by the lodges, too many of these Brethren neglected to reunite themselves with the craft, and thus remained unaffiliated. The habit, thus introduced, was followed by others, until the sin of unaffiliation has at length arrived at such a point of excess, as to have become a serious evil, and to have attracted the attention and received the condemnation of almost every Grand Lodge.

A few Grand Lodges have denied the right of a Mason permanently to demit from the Order. Texas, for instance, has declared that "it does not recognize the right of a Mason to demit or separate himself from the lodge in which he was made, or may afterwards be admitted, except for the purpose of joining another lodge, or when he may be about to remove without the jurisdiction of the lodge of which he may be a member."[93] A few other Grand Lodges have adopted a similar regulation; but the prevailing opinion of the authorities appears to be, that it is competent to interfere with the right to demit, certain rights and prerogatives being, however, lost by such demission.

Arkansas, Missouri, Ohio, and one or two other Grand Lodges, while not positively denying the right of demission, have at various times levied a tax or contribution on the demitted or unaffiliated Masons within their respective jurisdictions. This principle, however, has also failed to obtain the general concurrence of other Grand Lodges, and some of them, as Maryland, have openly denounced it. After a careful examination of the authorities, I cannot deny to any man the _right_ of withdrawing, whensoever he pleases, from a voluntary a.s.sociation--the laws of the land would not sustain us in the enforcement of such a regulation; and our own self-respect should prevent us from attempting it. If, then, he has a right to withdraw, it clearly follows that we have no right to tax him, which is only one mode of inflicting a fine or penalty for an act, the right to do which we have acceded. In the strong language of the Committee of Correspondence of Maryland:[94] "The object of Masonry never was to extort, _nolens volens,_ money from its votaries. Such are not its principles or teaching. The advocating such doctrines cannot advance the interest or reputation of the inst.i.tution; but will, as your committee fear, do much to destroy its usefulness. Compulsive members.h.i.+p deprives it of the t.i.tle, _Free_ and Accepted."

But as it is an undoubted precept of the Order that every Mason should belong to a lodge, and contribute, so far as his means will allow, to the support of the inst.i.tution, and as, by his demission, for other than temporary purposes, he violates the principles and disobeys the precepts of the Order, it naturally follows that his withdrawal must place him in a different position from that which he would occupy as an affiliated Mason.

It is now time for us to inquire what that new position is.

We may say, then, that, whenever a Mason permanently withdraws his members.h.i.+p, he at once, and while he continues unaffiliated, dissevers all connection between himself and the _Lodge organization_ of the Order. He, by this act, divests himself of all the rights and privileges which belong to him as a member of that organization. Among these rights and privileges are those of visitation, of pecuniary aid, and of masonic burial.

Whenever he approaches the door of a lodge, asking to enter or seeking for a.s.sistance, he is to be met in the light of a profane. He may knock, but the door must not be opened--he may ask, but he is not to receive. The work of the lodge is not to be shared by those who have thrown aside their ap.r.o.ns and their implements, and abandoned the labors of the Temple--the funds of the lodge are to be distributed only among these who are aiding, by their individual contributions, to the formation of similar funds in other lodges.

But from the well-known and universally-admitted maxim of "once a Mason, and always a Mason," it follows that a demitted Brother cannot by such demission divest himself of all his masonic responsibilities to his Brethren, nor be deprived of their correlative responsibility to him. An unaffiliated Mason is still bound by certain obligations, of which he cannot, under any circ.u.mstances, divest himself, and by similar obligations are the fraternity bound to him. These relate to the duties of secrecy and of aid in the imminent hour of peril. Of the first of these there can be no doubt; and as to the last, the words of the precept directing it leaves us no option; nor is it a time when the G.H.S. of D.

is thrown out to inquire into the condition of the party.

Speaking on this subject, Brother Albert Pike, in his report to the Grand Lodge of Arkansas, says "if a person appeals to us as a Mason in imminent peril, or such pressing need that we have not time to inquire into his worthiness, then, lest we might refuse to relieve and aid a worthy Brother, we must not stop to inquire _as to anything_." But I do not think that the learned Brother has put the case in the strongest light. It is not alone "lest we might refuse to relieve and aid a worthy Brother," that we are in cases of "imminent peril" to make no pause for deliberation. But it is because we are bound by our highest obligations at all times, and to all Masons, to give that aid when _duly_ called for.

I may, then, after this somewhat protracted discussion, briefly recapitulate the position, the rights and the responsibilities of an unaffiliated Mason as follows:

1. An unaffiliated Mason is still bound by all his masonic duties and obligations, excepting those connected with the organization of the lodge.

2. He has a right to aid in imminent peril when _he asks for that aid in the_ proper _and conventional way_.

3. He loses the right to receive pecuniary relief.

4. He loses the general right to visit[95] lodges, or to walk in masonic processions.

5. He loses the right of masonic burial.

6. He still remains subject to the government of the Order, and may be tried and punished for any offense as an affiliated Mason would be, by the lodge within whose geographical jurisdiction he resides.

Book Fourth.

Of Masonic Crimes and Punishments.

Chapter I.

Of What Are Masonic Crimes.

The division of wrongs, by the writers on munic.i.p.al law, into private and public, or civil injuries and crimes and misdemeanors, does not apply to the jurisprudence of Freemasonry. Here all wrongs are crimes, because they are a violation of the precepts of the inst.i.tution; and an offense against an individual is punished, not so much because it is a breach of his private rights, as because it affects the well-being of the whole masonic community.

In replying to the question, "what are masonic crimes?" by which is meant what crimes are punishable by the const.i.tuted authorities, our safest guide will be that fundamental law which is contained in the Old Charges.

These give a concise, but succinct summary of the duties of a Mason, and, of course, whatever is a violation of any one of these duties will const.i.tute a masonic crime, and the perpetrator will be amenable to masonic punishment.

But before entering on the consideration of these penal offenses, it will be well that we should relieve the labor of the task, by inquiring what crimes or offenses are not supposed to come within the purview of masonic jurisprudence.

Religion and politics are subjects which it is well known are stringently forbidden to be introduced into Masonry. And hence arises the doctrine, that Masonry will not take congnizance of religious or political offenses.

Heresy, for instance, is not a masonic crime. Masons are obliged to use the words of the Old Charges, "to that religion in which all men agree, leaving their particular opinions to themselves;" and, therefore, as long as a Mason acknowledges his belief in the existence of one G.o.d, a lodge can take no action on his peculiar opinions, however heterodox they may be.

In like manner, although all the most ancient and universally-received precepts of the inst.i.tution inculcate obedience to the civil powers, and strictly forbid any mingling in plots or conspiracies against the peace and welfare of the nation, yet no offense against the state, which is simply political in its character, can be noticed by a lodge. On this important subject, the Old Charges are remarkably explicit. They say, putting perhaps the strongest case by way of exemplifying the principle, "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 cannot expel him from the lodge, and his relation to it remains indefeasible_"

The lodge can, therefore, take no cognizance of religious or political offenses.

The first charge says: "a Mason is obliged by his tenure to obey the moral law." Now, although, in a theological sense, the ten commandments are said to embrace and const.i.tute the moral law, because they are its best exponent, yet jurists have given to the term a more general lat.i.tude, in defining the moral laws to be "the eternal, immutable laws of good and evil, to which the Creator himself, in all dispensations, conforms, and which he has enabled human reason to discover, so far as they are necessary for the conduct of human actions."[96] Perhaps the well known summary of Justinian will give the best idea of what this law is, namely, that we "should live honestly, (that is to say, without reproach,)[97]

should injure n.o.body, and render to every one his just due."

If such, then, be the meaning of the moral law, and if every Mason is by his tenure obliged to obey it, it follows, that all such crimes as profane swearing or great impiety in any form, neglect of social and domestic duties, murder and its concomitant vices of cruelty and hatred, adultery, dishonesty in any shape, perjury or malevolence, and habitual falsehood, inordinate covetousness, and in short, all those ramifications of these leading vices which injuriously affect the relations of man to G.o.d, his neighbor, and himself, are proper subjects of lodge jurisdiction. Whatever moral defects const.i.tute the bad man, make also the bad Mason, and consequently come under the category of masonic offenses. The principle is so plain and comprehensible as to need no further exemplification. It is sufficient to say that, whenever an act done by a Mason is contrary to or subsersive of the three great duties which he owes to G.o.d, his neighbor, and himself, it becomes at once a subject of masonic investigation, and of masonic punishment.

But besides these offenses against the universal moral law, there are many others arising from the peculiar nature of our inst.i.tution. Among these we may mention, and in their order, those that are enumerated in the several sections of the Sixth Chapter of the Old Charges. These are, unseemly and irreverent conduct in the lodge, all excesses of every kind, private piques or quarrels brought into the lodge; imprudent conversation in relation to Masonry in the presence of uninitiated strangers; refusal to relieve a worthy distressed Brother, if in your power; and all "wrangling, quarreling, back-biting, and slander."

The lectures in the various degrees, and the Ancient Charges read on the installation of the Master of a lodge, furnish us with other criteria for deciding what are peculiarly masonic offenses. All of them need not be detailed; but among them may be particularly mentioned the following: All improper revelations, undue solicitations for candidates, angry and over-zealous arguments in favor of Masonry with its enemies, every act which tends to impair the unsullied purity of the Order, want of reverence for and obedience to masonic superiors, the expression of a contemptuous opinion of the original rulers and patrons of Masonry, or of the inst.i.tution itself; all countenance of impostors; and lastly, holding masonic communion with clandestine Masons, or visiting irregular lodges.

From this list, which, extended as it is, might easily have been enlarged, it will be readily seen, that the sphere of masonic penal jurisdiction is by no means limited. It should, therefore, be the object of every Mason, to avoid the censure or reproach of his Brethren, by strictly confining himself as a point within that circle of duty which, at his first initiation, was presented to him as an object worthy of his consideration.

Chapter II.

Of Masonic Punishments.

Having occupied the last chapter in a consideration of what const.i.tute masonic crimes, it is next in order to inquire how these offenses are to be punished; and accordingly I propose in the following sections to treat of the various modes in which masonic law is vindicated, commencing with the slightest mode of punishment, which is censure, and proceeding to the highest, or expulsion from all the rights and privileges of the Order.

Section I.

_Of Censure._

A censure is the mildest form of punishment that can be inflicted by a lodge; and as it is simply the expression of an opinion by the members of the lodge, that they do not approve of the conduct of the person implicated, in a particular point of view, and as it does not in any degree affect the masonic standing of the one censured, nor for a moment suspend or abridge his rights and benefits, I have no doubt that it may be done on a mere motion, without previous notice, and adopted, as any other resolution, by a bare majority of the members present.

Masonic courtesy would, however, dictate that notice should be given to the Brother, if absent, that such a motion of censure is about to be proposed or considered, to enable him to show cause, if any he have, why he should not be censured. But such notice is not, as I have said, necessary to the legality of the vote of censure.