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Article MASONIC JURISPRUDENCE. ← Page 2 of 2 Article MASONIC JURISPRUDENCE. Page 2 of 2 Article PROVINCIAL GRAND LODGE OF WEST YORKSHIRE. Page 1 of 2 →
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Masonic Jurisprudence.
the subject , and everything said and clone by Grand Lodge on the subject was full of inconsistencies . What used to happen was something like this . The question was first of all discussed by the brethren in the colony concerned . Sometimes it was discussed in open lodge , and
resolutions arrived at ; sometimes it was discussed at informal meetings , whose resolutions had , of course , none but moral weight . Discussions of this description in open lodge involved nothing short of treason to that Grand Lodge , to whose warrant the lodge owed its very existence .
In course of time the new Grand Lodge was formed , and began to , issue warrants and certificates . Every brother concerned in these proceedings necessarily became subject to the penal provisions of Article 204 , which deals with " clandestine " initiations and " forming new lodges without the Grand Master ' s authority ; " and was , ipso , facta , under suspension .
The next step in the proceedings was that an application came to this Grand Lodge ( doubtless among others ) demanding recognition . The consistent course for Grand Lodge to pursue was , of course , to read Article 204 , and then to say it would hold no communication with these brethren until " they had made due submission and obtained grace . "
As a matter of fact nothing could be imagined less submissive than the attitude of " the body styling itself , etc . " What Grand Lodge generally did , however , was to ignore Article 204 , and discuss the question on its merits ( practically giving away the whole thing . ) Then it would be ascertained that the
body styling itself , etc ., was not qualified to speak for the great majority of the brethren , and recognition would be denied . The natural inference was , that to be successful , the agitation must be more complete , and thus the " disloyal " section were encouraged to spread disaffection among the " loyal . " Grand
Lodge certainly did not say so in so many words , but the extent of the inference may be judged from the fact that one lodge actually inserted the question in its printed summons , and the
Worshipful Master brought a complaint to Grand Lodge , when the Deputy District Grand Master ordered it to be expunged . It will thus be seen that the action of Grand Lodge was most illogical all through .
Bro . Philbrick ' s proposals remedy this . It is now enacted that the District Grand Master may issue a dispensation to allow the subject of autonomy to be lawfully discussed at a lodge meeting . Should he decline to do so an appeal lies to the Grand Master .
The rules which follow , pre-suppose that a new Grand Lodge has been formed in a regular and constitutional manner , that recognition has been applied for , that it appears that the prevailing Masonic opinion in the colony has been voiced , and that recognition has been granted . 'J hen it is emcted that within
six months ol such recognition every lodge which still holds under an English warrant shall be specially convened to decide whether or not it will throw in its lot with the new Grand Lodge . The question can only be resolved in the affirmative by twothirds of the members present .
All this necessitated a new enactment in place of Article 219 , which would have been very troublesome , as it would have enabled an insignificant minority to retain the lodge warrant and go on working . The minimum minority was raised to live , and the clause about the majority of members retiring from the lodge was deleted .
The first case under the new proposals is the Grand Lodge of Western Australia , which has just been accorded recognition , and the rules are found to have worked well . It has been asked , however , and the question has not been answered—Suppose there are 50 lodges of , say , 40 members each ; 35 members of
each lodge are in favour of forming themselves into a sovereign Grand Lodge—in other words , 1750 Masons out of 2000 . Recognition could not be denied to such an influential and imposing majority , but could the five brethren in each lodge retain the warrant and go on working ? If so , the new Grand Lodge would
at the outset have to contend against the formidable competition of 50 lodges belonging to what had became an alien jurisdiction . When recognition is granted , certain geographical limits are always understood . It would not do , for instance , for the Grand Lodge of Victoria to warrant lodges outside of that colony . A
sovereign Grand Lodge , which practically emanated from the Grand Lodge of England , has a relationshi p to it somewhat different from that enjoyed by a Grand Lodge which did not so emanate . They are , in other words , "daughter" Grand Lodges , not " sister , " and , although recognised as sovereign , still a sort of suzerainty is tacitly claimed by the mother Grand Lodge .
It has usually occurred that when a new Grand Lodge has been formed , it has had the support of the lodges of all Constitutions working on the same ground . That fact has usuall y been adduced as an argument in favour of recognition being accorded .
Masonic Jurisprudence.
In strict Masonic law , however , the support and coalition of foreign lodges has not the slightest bearing on the question which is decided solely with reference to the English lodges joining in the movement .
In the case just quoted , that of Western Australia , the writer has the authority of the Freemason of April 7 th , for stating that Scotch and Irish lodges have held entirely aloof from the movement .
Under these circumstances , the new Grand Lodge may probably have to wait some time before it can call itself the United Grand Lodge of West Australia , and Masonry in that Colony will be on somewhat the same footing as Masonry before the Union .
We have now discussed at sufficient length the nature of the highest courts of Freemasonry and we only need to add that behind all the Grand Lodges which exercise jurisdiction , there are the landmarks which no Grand Lodge dare transgress on pain of excommunication by all the rest . Every Grand Lodge
draws up its own Book of Constitutions , and these differ from one another , often in what appear to be most vital particulars . Thus , some Grand Lodges recognise the Mark and other extraneous Degrees . Some enjoin a line of conduct , which others
would consider to be deserving of censure , or even of suspension . But in certain important particulars , such as the modes of recognition , right of appeal , necessity of the V . S . L ., qualifications necessary in candidates , and several others , there is no possibility of variation .
Although the finances of Grand Lodge do not claim to be considered under the present heading , there are' several statements , involving financial questions , in the Book of Constitutions which require explanation . It is stated in several places that lodges withholding payment of dues of various kinds " shall
be rigorously proceeded against for withholding moneys the property of Grand Lodge . " Many brethren have asked of what nature such vigorous proceedings would be , being apparently under the impression that they would take the form of a County Court summons . As a matter of fact , Grand Lodge has no
charter of incorporation , and is not recognised as a corporate body , and , therefore , would not sue as such . The property of Grand Lodge is the property of every individual member , and , therefore , the rigorous proceedings described in Article 237 and elsewhere can only take the form of Masonic punishment .
In our subsequent articles we shall discuss Masonic law in detail , and with particular reference to those contingencies which are of frequent occurrence in lodges , and which , when they arise , occasionally find the Worshipful Master unprepared to deal with them .
Provincial Grand Lodge Of West Yorkshire.
PROVINCIAL GRAND LODGE OF WEST YORKSHIRE .
There was an unusually large attendance of brethren at the annual meeting of the Prov . Grand Lodge of West Yorkshire , which was held on the nth instant in Ihe Harrison-road School , Carlton-terrace , Halifax . The meeting was under the banner of St . James ' s Lodge , No . 448 of which Bro . George Tinker is W . M . The Prov . G . Master , Bro . the Right Hon . William Lawies Jackson , M . P ., presided , and he was supported by a large
number of Past Prov . G . Ollicers , including Bros . Henry Smith , Past G . D ., P . D . P . G . M ., and J . C . Malcolm , Past G . D ., P . D . P . G . M ., and the following members of Prov . G . Lodge : Bros . Richard Wilson , Past G . D ., D . P . G . M . ; Francis Fleming , Prov . S . G . W . ; Charles Crabtree , Prov . J . G . W . ; the Rev . S . C . Walley , Prov . G . Chap . ; Thomas Woods , Prov . G . Tteas . ; W . H . Hewson , Prov . G . Reg . ; H . G . E . Green , Prov . G .
Sec ; W . Crowther , Prov . S . G . D . ; H . Holmes , Prov . S . GD . ; Dr . G . Hojle , Prov . S . G . D . ; J . P . Hewitt , Prov . J . G . D . ; J . P . Browne , Prov . J . G . D . ; C . W . O . Smith , Prov . J . G . D . ; C . Scriven , Prov . G . Supt . of Works ; W . Watson , Prov . G . librarian ; C . H . Crowther , Prov . D . G . D . of C . ; J . J . Parker ( Bailey ) , Prov . A . G . D . of C . ; E .
Mackiy , Prov . A . G . D . of C . ; W . Gudger , Prov . G . S . B . ; J . Firth , Prov . G . Std . Br . ; J . Niven , Prov . G . Std . Br . ; J . ' R . Barton , Prov . A . G . Sec . ; J . T . Robinson , Prov . G . Purst . ; G . M . Matchant , Prov . A . G . Purst . ; C . F . Bennett , Prov . G . Stwd . ; C . Lingard , Prov . G . Stwd . ; W . E . Gray , Prov . G . Stwd . ; W . C . Fox , Prov . G . Stwd . ; C . Middleton , Prov . G . Stwd . ; and T . Leighton , Prov . G . Tyler .
The roll call disclosed that of the 81 lodges of the province only six were unrepresented : Nos . 401 , 1462 , 1542 , 1779 , 2259 . and 2491 . In his address , the PROV . G . M . expressed his gratificition at seeing so Ia ge a gathering , and alluded to the fact that it was the 13 th meeting of Provincial Grand Lodge in Halifax , and the third meeting under the ba ^ nT of St . James ' s Lodge , arhich celebrated its jubilee in i 8 S 8 , and was one of the mos " . energetic and prosperous IoJges of the province . O . i
Siturc ' ay l . so a su : ce > sful meeting was held in Halifax of the Charity Committee , of which Bro . VV . C . Lupton , who had been chairman for several years past had found it necessary , owing to the pressure of his business engagements , to resign his position . Bro . Lupton , thm whom no more competent chairman could be found , might , said the P . G . M ., regard 1900 as a red-letter year of his life . The inhabitants of Bradford had conferred the highest municipal honour upon him by electing him to the Mayoralty , and the M . W . Grand Master , the Prince of Wales , had
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Masonic Jurisprudence.
the subject , and everything said and clone by Grand Lodge on the subject was full of inconsistencies . What used to happen was something like this . The question was first of all discussed by the brethren in the colony concerned . Sometimes it was discussed in open lodge , and
resolutions arrived at ; sometimes it was discussed at informal meetings , whose resolutions had , of course , none but moral weight . Discussions of this description in open lodge involved nothing short of treason to that Grand Lodge , to whose warrant the lodge owed its very existence .
In course of time the new Grand Lodge was formed , and began to , issue warrants and certificates . Every brother concerned in these proceedings necessarily became subject to the penal provisions of Article 204 , which deals with " clandestine " initiations and " forming new lodges without the Grand Master ' s authority ; " and was , ipso , facta , under suspension .
The next step in the proceedings was that an application came to this Grand Lodge ( doubtless among others ) demanding recognition . The consistent course for Grand Lodge to pursue was , of course , to read Article 204 , and then to say it would hold no communication with these brethren until " they had made due submission and obtained grace . "
As a matter of fact nothing could be imagined less submissive than the attitude of " the body styling itself , etc . " What Grand Lodge generally did , however , was to ignore Article 204 , and discuss the question on its merits ( practically giving away the whole thing . ) Then it would be ascertained that the
body styling itself , etc ., was not qualified to speak for the great majority of the brethren , and recognition would be denied . The natural inference was , that to be successful , the agitation must be more complete , and thus the " disloyal " section were encouraged to spread disaffection among the " loyal . " Grand
Lodge certainly did not say so in so many words , but the extent of the inference may be judged from the fact that one lodge actually inserted the question in its printed summons , and the
Worshipful Master brought a complaint to Grand Lodge , when the Deputy District Grand Master ordered it to be expunged . It will thus be seen that the action of Grand Lodge was most illogical all through .
Bro . Philbrick ' s proposals remedy this . It is now enacted that the District Grand Master may issue a dispensation to allow the subject of autonomy to be lawfully discussed at a lodge meeting . Should he decline to do so an appeal lies to the Grand Master .
The rules which follow , pre-suppose that a new Grand Lodge has been formed in a regular and constitutional manner , that recognition has been applied for , that it appears that the prevailing Masonic opinion in the colony has been voiced , and that recognition has been granted . 'J hen it is emcted that within
six months ol such recognition every lodge which still holds under an English warrant shall be specially convened to decide whether or not it will throw in its lot with the new Grand Lodge . The question can only be resolved in the affirmative by twothirds of the members present .
All this necessitated a new enactment in place of Article 219 , which would have been very troublesome , as it would have enabled an insignificant minority to retain the lodge warrant and go on working . The minimum minority was raised to live , and the clause about the majority of members retiring from the lodge was deleted .
The first case under the new proposals is the Grand Lodge of Western Australia , which has just been accorded recognition , and the rules are found to have worked well . It has been asked , however , and the question has not been answered—Suppose there are 50 lodges of , say , 40 members each ; 35 members of
each lodge are in favour of forming themselves into a sovereign Grand Lodge—in other words , 1750 Masons out of 2000 . Recognition could not be denied to such an influential and imposing majority , but could the five brethren in each lodge retain the warrant and go on working ? If so , the new Grand Lodge would
at the outset have to contend against the formidable competition of 50 lodges belonging to what had became an alien jurisdiction . When recognition is granted , certain geographical limits are always understood . It would not do , for instance , for the Grand Lodge of Victoria to warrant lodges outside of that colony . A
sovereign Grand Lodge , which practically emanated from the Grand Lodge of England , has a relationshi p to it somewhat different from that enjoyed by a Grand Lodge which did not so emanate . They are , in other words , "daughter" Grand Lodges , not " sister , " and , although recognised as sovereign , still a sort of suzerainty is tacitly claimed by the mother Grand Lodge .
It has usually occurred that when a new Grand Lodge has been formed , it has had the support of the lodges of all Constitutions working on the same ground . That fact has usuall y been adduced as an argument in favour of recognition being accorded .
Masonic Jurisprudence.
In strict Masonic law , however , the support and coalition of foreign lodges has not the slightest bearing on the question which is decided solely with reference to the English lodges joining in the movement .
In the case just quoted , that of Western Australia , the writer has the authority of the Freemason of April 7 th , for stating that Scotch and Irish lodges have held entirely aloof from the movement .
Under these circumstances , the new Grand Lodge may probably have to wait some time before it can call itself the United Grand Lodge of West Australia , and Masonry in that Colony will be on somewhat the same footing as Masonry before the Union .
We have now discussed at sufficient length the nature of the highest courts of Freemasonry and we only need to add that behind all the Grand Lodges which exercise jurisdiction , there are the landmarks which no Grand Lodge dare transgress on pain of excommunication by all the rest . Every Grand Lodge
draws up its own Book of Constitutions , and these differ from one another , often in what appear to be most vital particulars . Thus , some Grand Lodges recognise the Mark and other extraneous Degrees . Some enjoin a line of conduct , which others
would consider to be deserving of censure , or even of suspension . But in certain important particulars , such as the modes of recognition , right of appeal , necessity of the V . S . L ., qualifications necessary in candidates , and several others , there is no possibility of variation .
Although the finances of Grand Lodge do not claim to be considered under the present heading , there are' several statements , involving financial questions , in the Book of Constitutions which require explanation . It is stated in several places that lodges withholding payment of dues of various kinds " shall
be rigorously proceeded against for withholding moneys the property of Grand Lodge . " Many brethren have asked of what nature such vigorous proceedings would be , being apparently under the impression that they would take the form of a County Court summons . As a matter of fact , Grand Lodge has no
charter of incorporation , and is not recognised as a corporate body , and , therefore , would not sue as such . The property of Grand Lodge is the property of every individual member , and , therefore , the rigorous proceedings described in Article 237 and elsewhere can only take the form of Masonic punishment .
In our subsequent articles we shall discuss Masonic law in detail , and with particular reference to those contingencies which are of frequent occurrence in lodges , and which , when they arise , occasionally find the Worshipful Master unprepared to deal with them .
Provincial Grand Lodge Of West Yorkshire.
PROVINCIAL GRAND LODGE OF WEST YORKSHIRE .
There was an unusually large attendance of brethren at the annual meeting of the Prov . Grand Lodge of West Yorkshire , which was held on the nth instant in Ihe Harrison-road School , Carlton-terrace , Halifax . The meeting was under the banner of St . James ' s Lodge , No . 448 of which Bro . George Tinker is W . M . The Prov . G . Master , Bro . the Right Hon . William Lawies Jackson , M . P ., presided , and he was supported by a large
number of Past Prov . G . Ollicers , including Bros . Henry Smith , Past G . D ., P . D . P . G . M ., and J . C . Malcolm , Past G . D ., P . D . P . G . M ., and the following members of Prov . G . Lodge : Bros . Richard Wilson , Past G . D ., D . P . G . M . ; Francis Fleming , Prov . S . G . W . ; Charles Crabtree , Prov . J . G . W . ; the Rev . S . C . Walley , Prov . G . Chap . ; Thomas Woods , Prov . G . Tteas . ; W . H . Hewson , Prov . G . Reg . ; H . G . E . Green , Prov . G .
Sec ; W . Crowther , Prov . S . G . D . ; H . Holmes , Prov . S . GD . ; Dr . G . Hojle , Prov . S . G . D . ; J . P . Hewitt , Prov . J . G . D . ; J . P . Browne , Prov . J . G . D . ; C . W . O . Smith , Prov . J . G . D . ; C . Scriven , Prov . G . Supt . of Works ; W . Watson , Prov . G . librarian ; C . H . Crowther , Prov . D . G . D . of C . ; J . J . Parker ( Bailey ) , Prov . A . G . D . of C . ; E .
Mackiy , Prov . A . G . D . of C . ; W . Gudger , Prov . G . S . B . ; J . Firth , Prov . G . Std . Br . ; J . Niven , Prov . G . Std . Br . ; J . ' R . Barton , Prov . A . G . Sec . ; J . T . Robinson , Prov . G . Purst . ; G . M . Matchant , Prov . A . G . Purst . ; C . F . Bennett , Prov . G . Stwd . ; C . Lingard , Prov . G . Stwd . ; W . E . Gray , Prov . G . Stwd . ; W . C . Fox , Prov . G . Stwd . ; C . Middleton , Prov . G . Stwd . ; and T . Leighton , Prov . G . Tyler .
The roll call disclosed that of the 81 lodges of the province only six were unrepresented : Nos . 401 , 1462 , 1542 , 1779 , 2259 . and 2491 . In his address , the PROV . G . M . expressed his gratificition at seeing so Ia ge a gathering , and alluded to the fact that it was the 13 th meeting of Provincial Grand Lodge in Halifax , and the third meeting under the ba ^ nT of St . James ' s Lodge , arhich celebrated its jubilee in i 8 S 8 , and was one of the mos " . energetic and prosperous IoJges of the province . O . i
Siturc ' ay l . so a su : ce > sful meeting was held in Halifax of the Charity Committee , of which Bro . VV . C . Lupton , who had been chairman for several years past had found it necessary , owing to the pressure of his business engagements , to resign his position . Bro . Lupton , thm whom no more competent chairman could be found , might , said the P . G . M ., regard 1900 as a red-letter year of his life . The inhabitants of Bradford had conferred the highest municipal honour upon him by electing him to the Mayoralty , and the M . W . Grand Master , the Prince of Wales , had