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    Article MASONIC JURISPRUDENCE. ← Page 2 of 2
    Article MASONIC JURISPRUDENCE. Page 2 of 2
Page 2

Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Masonic Jurisprudence.

administer and interpret it as he finds it , whereas a member of Parliament on thc other hand will never dream of interpreting it , and the Hig h Sheriff on his part asks no questions , and carries out thcjudicial decrees whether he thinks they are wise or tlie

reverse . Sititni atiqitc . But Grand Lodge makes , abrogates , or suspends the laws , interprets them , distributes commendation or censure , line , suspension , expulsion , and erasure , and , in fact , whilst preserving the outward semblance of a republic , is a monarch possessing absolutely despotic powers .

The ordinary member of Parliament is not insensible to thc claims of precedent , and our judges make precedent into a fetish ; whereas Grand Lodge will be guided by precedent so far onlv as it suits its temper at the moment , and , therefore , whilst ils proceedings and decisions reflect the soundest common sense , thev have been at times somewhat inconsistent .

To go back to Articles 4 and 5 . It has always appeared lo the writer that some geograp hical limitation should he added . The title page of the Book of Constitutions does not give sufficient information , and it must be remembered that thc extensive jurisdiction and powers claimed , are naluiall y limited by ,

and only co-exist with , the extensive jurisdiction and powers claimed and exercised b y other Sovereign Grand Lodges off their own territory . A case whicii came under the writer ' s notice will serve to illustrate what is meant . As is well known , Scottish Freemasonry differs from English Freemasonry in several

important particulars , so that what mig ht be a breach of the laws in the one , might be praiseworth y in the other . A brother in Bombay was a member of lodges holding under each Constitution , and in his English capacity he did certain things for which preparations were made to suspend him . A timely resignation

saved him from fhis indignity , and it left him amenable onl y to Scottish jurisdiction . Every one else concerned was punished , only tlie chief offender going Scot free . He had , of course , been registered as an English Mason and , had his olfence been

one meriting expulsion , he would have sullered . Expulsion does not mean erasure from tlie rolls of the Grand Lodge concerned , but removal from the Cr . 'ifl , and thus resignation would not have saved him .

A great deal ol Alasonic business which would otherwise engage the lime and altention of Grand Lodge is performed b y the two Boards or Sub-Committees . These are the Board of General Purposes and the Hoard of Benevolence . The composition of the former is shown in Article 254 , and it includes ,

as does Grand Lodge , nominated and elected members . Subject to the usual appeal if is enacted that the Boards' decisions may be received and acted upon as law ( Article 273 . ) In respect of compelling evidence , production of papers , & c , they have most of the powers of a Royal Commission .

Certain of I lie powers of the Board , and in fact ol ( rrand Lodge , are delegated lo District Boards , and under Article 8 7 a District Grand Master inav appoint a President of the District Board will ) properly defined rank and precedence . Article nifi says that " on account of the distance from

England of District Grand Lodges and the consequent delay in communications the powers of District Grand Lodges must be more extensive than those of Provincial Grand Lodges . " A District Grand Lodge may , therefore , expel a brother and erase a lodge .

Any appeal from such expulsion to Grand Lodge will onl y he as regards questions of law and procedure . Grand Lodge will not go into the merits of the case nor question the facts . For instance , if a Mason has been expelled without the requisite

notice being served upon him , his appeal would be success ! til , but upon that ground only , and the . success of his appeal would not debar tlie District Grand Lodge from taking up the case tie novo . This power must not be delegated by District Grand Lodire to ils Board or Committee of General Purposes .

But ( he power of investigaliiig , regulating , and deciding on all matters relating to lodges and individual Masons in the District concerned mav be exercised b y the Board . ! n many Districls the General Purposes Committee has acquired considerable

influence and power , inasmuch as the District Grand Masters prefer to fortif y themselves with the opinion of the Board , even with regard to matters with which the D . G . M . himself has the sole power of dealing .

The District •Grand Master differs from the Provincial Grand Masier in live important respects , lie may issue Grand Lodge certificates ; lie is lurnislied with a suppl y of such , dulv signed and sealed , but with blank spaces for names and dales . As a check upon the District Grand Master , the lodge receiving such a certificate on behalf of one of its members shall make a

return to tlie Grand Secretarv direct , specilving all particulars . Secondly , he has lo serve but three years lo entitle him lo past rank , whereas the Provincial Grand Master has to serve for live .

Masonic Jurisprudence.

Thirdly , hc may , as alread y pointed out , appoint a President of the District Board , with rank as a District Grand Officer . In other words , he has an additional collar to g ive aw ay every year . These three privileges are part and parcel of the office , but the

two following are specially conferred upon a District Grand Master at the pleasure of the Grand Master —( Articles 115 and 117 )—and the latter may lie revoked without disturbing his powers in other respects .

The power to give dispensations for granting Degrees at short intervals is one which is sometimes entrusted to Worshi pful Masters of foreign and Colonial lodges where there is no

District Grand Lodge . It may be presumed that the Grand Master could hini - sell issue such dispensations in England if he thought fit , but the Constitutions say nothing about it . As far as Foreign and Colonial lodges are concerned , it must be remembered that , as a

rule , thev onl y exist in the larger towns , and it is not inconceivable that a brother mi ght be resident in a remote station for 11 months out the ol 12 , and onlv be within reach of Masonic privileges for the remaining month , in which case he mi ght be a couple of years before attaining the rank of Master Mason .

Those of our brethren who go down to the sea in ships are still worse off , as thev have fo make progress in Masonic knowledge when , how , and where thev can , and were it not for the dispensing power referred to in Article ; 115 , a brolher mi ght possibly never get beyond the First Degree .

The power to grant provisional warrants to new lodges is a very important one , and it exists in and lor the best interests of Colonial Masonry . The reasons , given above , wh y there should be a dispensing power with regard to tlie taking degrees at short intervals , exist with much greater force when there is a question

of forming a new lodge . If it wi-re not lor the provisions of Article 117 if might happen that a couple of months would elapse between the intention of the brethren who desired lo form themselves into a lodge and the recei p t of a warrant which would enable them to put that i ntention into execution .

In that two months much might happen . The seven brethren who signed the petition mi g ht have separated and there mi ght be no prospect of their meeting again , and thus when the warrant turned up , Ihe brethren named in il would not be there to carry out ils intentions .

An interesting case illustrating this inconvenience was before Grand Lodge at the June communication , 181 ) 3 . A certain brother , a member of No . 1025 , Buenos Ayres , incurred tlie displeasure of the 1 > islriet Grand Masier , who suspended him for six months . Previous to this the brother had been

concerned , with others , 111 forming a new lodge , and at the time the District Grand Masier passed sentence of suspension the warrant for the new lodge was actuall y on its way out , with Brolher A . ' s name in il as Senior Warden designate . The District Grand Master duly consecrated ( he new lodge , but

entirely ignored Brother A ., telling the members to elect another Senior Warden , which they did . The District Grand Master was censured , but inasmuch as the appeal of Brother A . had reference onl y to his suspension , and not to the fact of his name having been struck out of the warrant , the latter

transaction was practicall y acquiesced in . I he writer is unable to say with any certainty whether this particular District Grand Master had been entrusted with the powers referred to in Article 117 . Probably not , as there was no mention of a provisional warrant having been applied for .

An interesting appeal from Madras was decided about live years ago ( March , 1845 ) . A new lodge , was about to be formed , a class one , membershi p of which was to be confined to military men . A provisional warrant was applied ( or , and the

application was granted . 'Ihe Worshipful Master designate was ; it the time Inner Guard of another lodge , and in that capacity came into collision with the W . M ., and treated him with alleged disrespect .

The warrant had not actuall y been issued , and when the occur rence enme to the ears of the Dist . G . Masier he declined to issut one . unless fhe name of the brother referred to were si ruck out

He appealed but without success . The District Grand Master was perfectl y within his ri ght , and if his action had not been upheld Article 1 17 would have no meaning . The moral of this incident was not , however , seen at the time . Wh y should ( hose brethren have applied for a provisional

warrant ? Article 117 contemplates emergencies such as we have described above . In this case there was no emergency , rind even il everything had gone on with regularity it only meant

an interval of four or live weeks between the intention of forming tlie lodge and the receipt of the permanent warrant , and inter alitti the lees to District Grand Lodge for the provisional warrant would have been saved .

“The Freemason: 1900-04-07, Page 2” Masonic Periodicals Online, Library and Museum of Freemasonry, 25 April 2026, django:8000/periodicals/fvl/issues/fvl_07041900/page/2/.
  • List
  • Grid
Title Category Page
Untitled Article 1
THE ATTEMPTED ASSASSINATION OF H.R.H. THE PRINCE OF WALES. Article 1
THE APPROACHING FESTIVAL OF THE ROYAL MASONIC INSTITUTION FOR GIRLS. Article 1
MASONIC JURISPRUDENCE. Article 1
Science, Art and the Drama. Article 3
BREEDING OF REINDEER IN NORWAY. Article 3
ART IN THE REIGN OF HENRY VIII. Article 3
KENNINGTON THEATRE. Article 3
GENERAL NOTES. Article 3
THE " OLD MASONIANS." Article 4
Craft Masonry. Article 4
Instruction. Article 5
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 7
Untitled Ad 7
Untitled Article 7
Untitled Article 7
Masonic Notes. Article 7
Correspondence. Article 8
Craft Masonry. Article 8
Royal Arch. Article 9
Untitled Ad 9
EASTER RAILWAY FACILITIES. Article 10
Untitled Ad 10
Instruction. Article 11
Masonic and General Tidings. Article 11
Untitled Ad 11
Untitled Article 12
Untitled Ad 12
Untitled Ad 12
MASONIC MEETINGS (METROPOLITAN) Article 12
Untitled Ad 12
Untitled Ad 12
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4 Articles
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7 Articles
Page 2

Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Masonic Jurisprudence.

administer and interpret it as he finds it , whereas a member of Parliament on thc other hand will never dream of interpreting it , and the Hig h Sheriff on his part asks no questions , and carries out thcjudicial decrees whether he thinks they are wise or tlie

reverse . Sititni atiqitc . But Grand Lodge makes , abrogates , or suspends the laws , interprets them , distributes commendation or censure , line , suspension , expulsion , and erasure , and , in fact , whilst preserving the outward semblance of a republic , is a monarch possessing absolutely despotic powers .

The ordinary member of Parliament is not insensible to thc claims of precedent , and our judges make precedent into a fetish ; whereas Grand Lodge will be guided by precedent so far onlv as it suits its temper at the moment , and , therefore , whilst ils proceedings and decisions reflect the soundest common sense , thev have been at times somewhat inconsistent .

To go back to Articles 4 and 5 . It has always appeared lo the writer that some geograp hical limitation should he added . The title page of the Book of Constitutions does not give sufficient information , and it must be remembered that thc extensive jurisdiction and powers claimed , are naluiall y limited by ,

and only co-exist with , the extensive jurisdiction and powers claimed and exercised b y other Sovereign Grand Lodges off their own territory . A case whicii came under the writer ' s notice will serve to illustrate what is meant . As is well known , Scottish Freemasonry differs from English Freemasonry in several

important particulars , so that what mig ht be a breach of the laws in the one , might be praiseworth y in the other . A brother in Bombay was a member of lodges holding under each Constitution , and in his English capacity he did certain things for which preparations were made to suspend him . A timely resignation

saved him from fhis indignity , and it left him amenable onl y to Scottish jurisdiction . Every one else concerned was punished , only tlie chief offender going Scot free . He had , of course , been registered as an English Mason and , had his olfence been

one meriting expulsion , he would have sullered . Expulsion does not mean erasure from tlie rolls of the Grand Lodge concerned , but removal from the Cr . 'ifl , and thus resignation would not have saved him .

A great deal ol Alasonic business which would otherwise engage the lime and altention of Grand Lodge is performed b y the two Boards or Sub-Committees . These are the Board of General Purposes and the Hoard of Benevolence . The composition of the former is shown in Article 254 , and it includes ,

as does Grand Lodge , nominated and elected members . Subject to the usual appeal if is enacted that the Boards' decisions may be received and acted upon as law ( Article 273 . ) In respect of compelling evidence , production of papers , & c , they have most of the powers of a Royal Commission .

Certain of I lie powers of the Board , and in fact ol ( rrand Lodge , are delegated lo District Boards , and under Article 8 7 a District Grand Master inav appoint a President of the District Board will ) properly defined rank and precedence . Article nifi says that " on account of the distance from

England of District Grand Lodges and the consequent delay in communications the powers of District Grand Lodges must be more extensive than those of Provincial Grand Lodges . " A District Grand Lodge may , therefore , expel a brother and erase a lodge .

Any appeal from such expulsion to Grand Lodge will onl y he as regards questions of law and procedure . Grand Lodge will not go into the merits of the case nor question the facts . For instance , if a Mason has been expelled without the requisite

notice being served upon him , his appeal would be success ! til , but upon that ground only , and the . success of his appeal would not debar tlie District Grand Lodge from taking up the case tie novo . This power must not be delegated by District Grand Lodire to ils Board or Committee of General Purposes .

But ( he power of investigaliiig , regulating , and deciding on all matters relating to lodges and individual Masons in the District concerned mav be exercised b y the Board . ! n many Districls the General Purposes Committee has acquired considerable

influence and power , inasmuch as the District Grand Masters prefer to fortif y themselves with the opinion of the Board , even with regard to matters with which the D . G . M . himself has the sole power of dealing .

The District •Grand Master differs from the Provincial Grand Masier in live important respects , lie may issue Grand Lodge certificates ; lie is lurnislied with a suppl y of such , dulv signed and sealed , but with blank spaces for names and dales . As a check upon the District Grand Master , the lodge receiving such a certificate on behalf of one of its members shall make a

return to tlie Grand Secretarv direct , specilving all particulars . Secondly , he has lo serve but three years lo entitle him lo past rank , whereas the Provincial Grand Master has to serve for live .

Masonic Jurisprudence.

Thirdly , hc may , as alread y pointed out , appoint a President of the District Board , with rank as a District Grand Officer . In other words , he has an additional collar to g ive aw ay every year . These three privileges are part and parcel of the office , but the

two following are specially conferred upon a District Grand Master at the pleasure of the Grand Master —( Articles 115 and 117 )—and the latter may lie revoked without disturbing his powers in other respects .

The power to give dispensations for granting Degrees at short intervals is one which is sometimes entrusted to Worshi pful Masters of foreign and Colonial lodges where there is no

District Grand Lodge . It may be presumed that the Grand Master could hini - sell issue such dispensations in England if he thought fit , but the Constitutions say nothing about it . As far as Foreign and Colonial lodges are concerned , it must be remembered that , as a

rule , thev onl y exist in the larger towns , and it is not inconceivable that a brother mi ght be resident in a remote station for 11 months out the ol 12 , and onlv be within reach of Masonic privileges for the remaining month , in which case he mi ght be a couple of years before attaining the rank of Master Mason .

Those of our brethren who go down to the sea in ships are still worse off , as thev have fo make progress in Masonic knowledge when , how , and where thev can , and were it not for the dispensing power referred to in Article ; 115 , a brolher mi ght possibly never get beyond the First Degree .

The power to grant provisional warrants to new lodges is a very important one , and it exists in and lor the best interests of Colonial Masonry . The reasons , given above , wh y there should be a dispensing power with regard to tlie taking degrees at short intervals , exist with much greater force when there is a question

of forming a new lodge . If it wi-re not lor the provisions of Article 117 if might happen that a couple of months would elapse between the intention of the brethren who desired lo form themselves into a lodge and the recei p t of a warrant which would enable them to put that i ntention into execution .

In that two months much might happen . The seven brethren who signed the petition mi g ht have separated and there mi ght be no prospect of their meeting again , and thus when the warrant turned up , Ihe brethren named in il would not be there to carry out ils intentions .

An interesting case illustrating this inconvenience was before Grand Lodge at the June communication , 181 ) 3 . A certain brother , a member of No . 1025 , Buenos Ayres , incurred tlie displeasure of the 1 > islriet Grand Masier , who suspended him for six months . Previous to this the brother had been

concerned , with others , 111 forming a new lodge , and at the time the District Grand Masier passed sentence of suspension the warrant for the new lodge was actuall y on its way out , with Brolher A . ' s name in il as Senior Warden designate . The District Grand Master duly consecrated ( he new lodge , but

entirely ignored Brother A ., telling the members to elect another Senior Warden , which they did . The District Grand Master was censured , but inasmuch as the appeal of Brother A . had reference onl y to his suspension , and not to the fact of his name having been struck out of the warrant , the latter

transaction was practicall y acquiesced in . I he writer is unable to say with any certainty whether this particular District Grand Master had been entrusted with the powers referred to in Article 117 . Probably not , as there was no mention of a provisional warrant having been applied for .

An interesting appeal from Madras was decided about live years ago ( March , 1845 ) . A new lodge , was about to be formed , a class one , membershi p of which was to be confined to military men . A provisional warrant was applied ( or , and the

application was granted . 'Ihe Worshipful Master designate was ; it the time Inner Guard of another lodge , and in that capacity came into collision with the W . M ., and treated him with alleged disrespect .

The warrant had not actuall y been issued , and when the occur rence enme to the ears of the Dist . G . Masier he declined to issut one . unless fhe name of the brother referred to were si ruck out

He appealed but without success . The District Grand Master was perfectl y within his ri ght , and if his action had not been upheld Article 1 17 would have no meaning . The moral of this incident was not , however , seen at the time . Wh y should ( hose brethren have applied for a provisional

warrant ? Article 117 contemplates emergencies such as we have described above . In this case there was no emergency , rind even il everything had gone on with regularity it only meant

an interval of four or live weeks between the intention of forming tlie lodge and the receipt of the permanent warrant , and inter alitti the lees to District Grand Lodge for the provisional warrant would have been saved .

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