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  • The Freemasons' Monthly Magazine
  • Sept. 20, 1862
  • Page 18
  • FREEMASONS AT LAW.
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The Freemasons' Monthly Magazine, Sept. 20, 1862: Page 18

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Obituary.

the ruler of the Craft , is one of many melancholy reflections . It is true that , on his appointment , he addressed letters to most of those who were associated with him in the government of the Craft , in his own cordial stj-le and humorous vein ; but he knew us not , and few of us knew him . Thus associated by intimate ties , yet severed by distance , his rule was brief , —its termination sudden , melancholy , and disastrous . We use the last term advisedly ; for it is no trifling calamity

for a whole province to find itself , by the death of its ruler , without a government ; its whole executive machinery unhinged , scattered , and powerless ; and its parliament and high court extinct . Yet such is the deplorable condition in which the Boole of Constitutions dooms such a distant province as ours , if we would read it strictly , and hind ourselves to the letter of its provisions and laws . Many brethren might suppose that English Masonry being so widely extended over the globe , the Book of Constitutions , which is intended to be the law to girde

the whole Craft , should certainly provide for every probable contingency that might arise to create a difficulty in the more distant colonies ancl provinces , particularly in so far as to prescribe a provisional government in the likely event of the death of a Provincial Grand Master ; but on turning over its pages they will find it is not so . There are only two clauses which " bear upon the subject . One of these is at page fiftythreeand runs thus : —

, " The Provincial Grand Lodge , emanates from the authority vested in the Provincial Grand Master , and possesses no other powers than those specified . It therefore follows that no Provincial Grand Lodge can meet but by the sanction of the Provincial Grand Master or his Deputy , and that it ceases to exist on the death , resignation , suspension , or removal of the Provincial Grand Master , until a brother is duly appointed or empowered

to perform the functions of a Provincial GraifU Master , by whose authority the Provincial Grand Lodge maj be again established . " Now this lav . - , which is evidently intended for the provinces in and near England , whence rapid communications with the seat of a Masonic imperial government would be easy , and by means of which the province would be saved from disorganisation , is obviously wholly inapplicable to us , situated at such a

distance from the Grand Lodge that the most prompt and energetic measures taking in such unhappy circumstances could not possibly rescue our Provincial Grand Lodge from utter confusion and anarchy , for the spate of three months at the very least , even if the Grand authorities in England were as prompt iu their reply as we should be in our apppeal : otherwise our difficulties would be extended to any unlimited period that might be considered necessaiy to weigh and determine the

momentons question of providing a successor for the government of this large and important province . . It is clear , however , that the Grand Lodge of England never intended that any province should be , for a considerable period , without a ruler ; for at page thirty-five it is enacted that , — "The Grand Master may , by a written document , direct the Grand Registrar to take charge of any province for which there is not a Grand Masterand he shall thereby be empowered to

, appoint a Deputy Provincial Grand Master and other Officers , with the same authority and privileges , and under the same regulations , as if they had been appointed by a Provincial Grand Master , and shall perform all other functions of a Provincial Grand Master for that province . "

But here again the distance of India from the seat of Masonic rule renders this necessary law , which is so effectual aiul salutary within the immediate intlueuce of the Grand Lodge of England , wholly nugatory as far as wc in Bengal are concerned . How then are wc to read the law ? The literal rendering' cf it is quite inapplicable to our condition , and would abandon us to utter confusion , and the most complicated embarrassment . We find that the Constitutions

do recognise the necessity of laying down precautionary measures for a provisional Government in case of an extreme contingency arising near home ; and since these measures do not strictly apply to us , the great question is " should we not be justified in understanding the Constitutions in the spirit in which they were promulgated , and in constructing such a provisional Government for ourselves as would be consistent with the palpable intention of the Constitutions , and warranted ,

nay demanded , by the circumstances of the case . We have a precedent for such a course—a provisional Government having been formed in this province in the last century , on the occasion of an exigency like the present , and that the proceedings of that

Obituary.

provisional Government were confirmed by the Grand Lod ge of England . Indeed , it cannot be denied that there was in the present instance a palpable necessity for the formation of a pro visional Government , in spite of the objections of some few . The majority of lodges would most assuredly have supported any judicious scheme that might have been proposed for the maintenance of Order ; and thus our Masonic bark would have heed saved from the dangers which aro within sight , and into

which , we fear , it is fast drifting . Hesitation to act in spite of the want of perfect unanimity , reluctance to assume temporaril y a position of authority which might ultimately and permanentl y be bestowed upon another , the attraction which a state of disorder presents to some , doubt and uncertainty as to tho wisest course to be pursued , leading to total inaction—these are the principal causes which forced the announcement that the Grand Lodge was extinct . And so , we fear , it is beyond remedy or

recall . Its executive powers have certainly become paralyzed for the present , and we do not see how its ministerial functions are to be carried on . There being no Finance Committee , and the Treasurer ' s office being suspended , to whom and under what authority are the returns of the several lodges to be rendered ? And to whom arc the Grand Lodge fees and assessments , and the contributions on account of the Fund of Benevolence , to bo p . dd ? Ami yet these sowveos of supply being cut off , whence is the rent of the hall and its establishment , even for the

convenience of private lodges mooting there , to be paid ; and whence are the numbers of indigent , helpless , aged women , who depend wholly on the Fund of Benevolence for a bare subsistence , to be supported ? This is the state of utter clisorganisatian iu which the action taken in the emergency has landed us . Our eyes sweep the Masonic horizon to catch the glimpse of a friendly sail which , shall bear up to us and lead us from threatening shipwreck into safer waters ; but all in vain . The past officers are

reluctant , perhaps , to come to the fore , and the present officers , in all probability , read tho Constitutions too literally , or are , it may be , bound over to other interests ; and so , we fear , the Grand Lodge is for the present really and in very truth extinct . Still , in the midst of our difficulties , we cannot but turn with deep sorrow and regret to the memory of him whose sudden loss has plunged tho whole Craft into such apparently inextricable disorder , and at the same time in such unfeigned grief .

We mourn the loss of our Ruler ; but being dead , he j-et speaks to us , in language which should be ever associated with him , and ever marat-A-aWe—language traced by his own hand , and very recently contributed , as if it were a prophecj-, to the pages of this Magazine : — Adieu my friends , my brethren all—I bid a long farewell ! What blessings are reserved for us , or sorrows , who can tell ; But should we never meet again , my final wish shall he , That one ancl all will kindly speak , ancl kindly think , of me .

Freemasons At Law.

FREEMASONS AT LAW .

ALLA . Y V . 3 IOESE 1 * . This was a judgment summons , at the Sheriffs' Court , Sept . 13 th , and on the behalf of defendant , Mr . Buchanan said : There can be no defence to this case as it is a judgment summons , but there are some very singular circumstances surrounding it , and I think the court will be induced to deal leniently with inj' client . Defendant is a Freemason—( laughter)—and plaintiff was anxious to become a member of

that very int-uential hodj * . ( Renewed laughter . ) Well , my client made his creditor a Freemason—( roars of laughter)—and after plaintiff had obtained a verdict in this court he said to defendant , ' You have taken a great deal of trouble in this matter , and I shall release you from the debt . " At the same time he tore up his plaint note , and defendant was most astonished at a judgment summons . His Honour : Of course you do not set this up as a defence ?

Mr . Buchanan .- Oh ! no , sir . His Honour : Well , plaintiff , did he turn you into a Freemason ? ( Great laughter . ) Plaintiff : Yes , he did , hut at the expense of rolO , to say nothing of the bother . I did not tear up the plaint note nor release him from the debt . His Honour : Welldefendantwhat do you say ?

, , Defendant : I will pay 10 s . a month . Plaintiff : That is too little . His Honour : Oh ! I think you ought to take 10 s . a month , under all the circumstances ; and , besides , j * ou are now brother Mason . ( Roars of laughter , dining which the parties retired ) .

“The Freemasons' Monthly Magazine: 1862-09-20, Page 18” Masonic Periodicals Online, Library and Museum of Freemasonry, 4 July 2025, django:8000/periodicals/mmr/issues/mmr_20091862/page/18/.
  • List
  • Grid
Title Category Page
MOTHER KILWINNING.—No. I. Article 1
A ROMAN CATHOLIC'S NOTION OF FREEMASONRY. Article 2
BRITISH ARCHITECTS. Article 5
THE PATH OF LIFE. —AN ALLEGORY. Article 6
MASONIC NOTES AND QUERIES. Article 9
THE PARIS UNIVERSAL AND PERMANENT EXHIBITION. Article 12
CASES OF EMERGENCY. Article 12
CORRESPONDENCE. Article 13
THE MOUNT CALVARY ENCAMPMENT. Article 13
THE MASONIC MIRROR. Article 14
PROVINCIAL. Article 14
AUSTRALIA. Article 14
CANADA. Article 15
AMERICA. Article 16
ROYAL ARCH. Article 16
MARK MASONRY. Article 17
Poetry. Article 17
TO A YOUNG MASON WHO DECLARED HE SAW NO BEAUTY IN NATURE. Article 17
Obituary. Article 17
FREEMASONS AT LAW. Article 18
THE WEEK. Article 19
TO CORRESPONDENTS. Article 20
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Obituary.

the ruler of the Craft , is one of many melancholy reflections . It is true that , on his appointment , he addressed letters to most of those who were associated with him in the government of the Craft , in his own cordial stj-le and humorous vein ; but he knew us not , and few of us knew him . Thus associated by intimate ties , yet severed by distance , his rule was brief , —its termination sudden , melancholy , and disastrous . We use the last term advisedly ; for it is no trifling calamity

for a whole province to find itself , by the death of its ruler , without a government ; its whole executive machinery unhinged , scattered , and powerless ; and its parliament and high court extinct . Yet such is the deplorable condition in which the Boole of Constitutions dooms such a distant province as ours , if we would read it strictly , and hind ourselves to the letter of its provisions and laws . Many brethren might suppose that English Masonry being so widely extended over the globe , the Book of Constitutions , which is intended to be the law to girde

the whole Craft , should certainly provide for every probable contingency that might arise to create a difficulty in the more distant colonies ancl provinces , particularly in so far as to prescribe a provisional government in the likely event of the death of a Provincial Grand Master ; but on turning over its pages they will find it is not so . There are only two clauses which " bear upon the subject . One of these is at page fiftythreeand runs thus : —

, " The Provincial Grand Lodge , emanates from the authority vested in the Provincial Grand Master , and possesses no other powers than those specified . It therefore follows that no Provincial Grand Lodge can meet but by the sanction of the Provincial Grand Master or his Deputy , and that it ceases to exist on the death , resignation , suspension , or removal of the Provincial Grand Master , until a brother is duly appointed or empowered

to perform the functions of a Provincial GraifU Master , by whose authority the Provincial Grand Lodge maj be again established . " Now this lav . - , which is evidently intended for the provinces in and near England , whence rapid communications with the seat of a Masonic imperial government would be easy , and by means of which the province would be saved from disorganisation , is obviously wholly inapplicable to us , situated at such a

distance from the Grand Lodge that the most prompt and energetic measures taking in such unhappy circumstances could not possibly rescue our Provincial Grand Lodge from utter confusion and anarchy , for the spate of three months at the very least , even if the Grand authorities in England were as prompt iu their reply as we should be in our apppeal : otherwise our difficulties would be extended to any unlimited period that might be considered necessaiy to weigh and determine the

momentons question of providing a successor for the government of this large and important province . . It is clear , however , that the Grand Lodge of England never intended that any province should be , for a considerable period , without a ruler ; for at page thirty-five it is enacted that , — "The Grand Master may , by a written document , direct the Grand Registrar to take charge of any province for which there is not a Grand Masterand he shall thereby be empowered to

, appoint a Deputy Provincial Grand Master and other Officers , with the same authority and privileges , and under the same regulations , as if they had been appointed by a Provincial Grand Master , and shall perform all other functions of a Provincial Grand Master for that province . "

But here again the distance of India from the seat of Masonic rule renders this necessary law , which is so effectual aiul salutary within the immediate intlueuce of the Grand Lodge of England , wholly nugatory as far as wc in Bengal are concerned . How then are wc to read the law ? The literal rendering' cf it is quite inapplicable to our condition , and would abandon us to utter confusion , and the most complicated embarrassment . We find that the Constitutions

do recognise the necessity of laying down precautionary measures for a provisional Government in case of an extreme contingency arising near home ; and since these measures do not strictly apply to us , the great question is " should we not be justified in understanding the Constitutions in the spirit in which they were promulgated , and in constructing such a provisional Government for ourselves as would be consistent with the palpable intention of the Constitutions , and warranted ,

nay demanded , by the circumstances of the case . We have a precedent for such a course—a provisional Government having been formed in this province in the last century , on the occasion of an exigency like the present , and that the proceedings of that

Obituary.

provisional Government were confirmed by the Grand Lod ge of England . Indeed , it cannot be denied that there was in the present instance a palpable necessity for the formation of a pro visional Government , in spite of the objections of some few . The majority of lodges would most assuredly have supported any judicious scheme that might have been proposed for the maintenance of Order ; and thus our Masonic bark would have heed saved from the dangers which aro within sight , and into

which , we fear , it is fast drifting . Hesitation to act in spite of the want of perfect unanimity , reluctance to assume temporaril y a position of authority which might ultimately and permanentl y be bestowed upon another , the attraction which a state of disorder presents to some , doubt and uncertainty as to tho wisest course to be pursued , leading to total inaction—these are the principal causes which forced the announcement that the Grand Lodge was extinct . And so , we fear , it is beyond remedy or

recall . Its executive powers have certainly become paralyzed for the present , and we do not see how its ministerial functions are to be carried on . There being no Finance Committee , and the Treasurer ' s office being suspended , to whom and under what authority are the returns of the several lodges to be rendered ? And to whom arc the Grand Lodge fees and assessments , and the contributions on account of the Fund of Benevolence , to bo p . dd ? Ami yet these sowveos of supply being cut off , whence is the rent of the hall and its establishment , even for the

convenience of private lodges mooting there , to be paid ; and whence are the numbers of indigent , helpless , aged women , who depend wholly on the Fund of Benevolence for a bare subsistence , to be supported ? This is the state of utter clisorganisatian iu which the action taken in the emergency has landed us . Our eyes sweep the Masonic horizon to catch the glimpse of a friendly sail which , shall bear up to us and lead us from threatening shipwreck into safer waters ; but all in vain . The past officers are

reluctant , perhaps , to come to the fore , and the present officers , in all probability , read tho Constitutions too literally , or are , it may be , bound over to other interests ; and so , we fear , the Grand Lodge is for the present really and in very truth extinct . Still , in the midst of our difficulties , we cannot but turn with deep sorrow and regret to the memory of him whose sudden loss has plunged tho whole Craft into such apparently inextricable disorder , and at the same time in such unfeigned grief .

We mourn the loss of our Ruler ; but being dead , he j-et speaks to us , in language which should be ever associated with him , and ever marat-A-aWe—language traced by his own hand , and very recently contributed , as if it were a prophecj-, to the pages of this Magazine : — Adieu my friends , my brethren all—I bid a long farewell ! What blessings are reserved for us , or sorrows , who can tell ; But should we never meet again , my final wish shall he , That one ancl all will kindly speak , ancl kindly think , of me .

Freemasons At Law.

FREEMASONS AT LAW .

ALLA . Y V . 3 IOESE 1 * . This was a judgment summons , at the Sheriffs' Court , Sept . 13 th , and on the behalf of defendant , Mr . Buchanan said : There can be no defence to this case as it is a judgment summons , but there are some very singular circumstances surrounding it , and I think the court will be induced to deal leniently with inj' client . Defendant is a Freemason—( laughter)—and plaintiff was anxious to become a member of

that very int-uential hodj * . ( Renewed laughter . ) Well , my client made his creditor a Freemason—( roars of laughter)—and after plaintiff had obtained a verdict in this court he said to defendant , ' You have taken a great deal of trouble in this matter , and I shall release you from the debt . " At the same time he tore up his plaint note , and defendant was most astonished at a judgment summons . His Honour : Of course you do not set this up as a defence ?

Mr . Buchanan .- Oh ! no , sir . His Honour : Well , plaintiff , did he turn you into a Freemason ? ( Great laughter . ) Plaintiff : Yes , he did , hut at the expense of rolO , to say nothing of the bother . I did not tear up the plaint note nor release him from the debt . His Honour : Welldefendantwhat do you say ?

, , Defendant : I will pay 10 s . a month . Plaintiff : That is too little . His Honour : Oh ! I think you ought to take 10 s . a month , under all the circumstances ; and , besides , j * ou are now brother Mason . ( Roars of laughter , dining which the parties retired ) .

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