The Principles of Masonic Law Part 15

Let it not be said that this would be placing an Apprentice on too great an equality with Master Masons. His rights are dear to him; he has paid for them. No man would become an Apprentice unless he expected, in time, to be made a Fellow Craft, and then a Master. He is, therefore, morally and legally wronged when he is deprived, without sufficient cause, of the capacity of fulfilling that expectation. It is the duty of the Grand Lodge to see that not even the humblest member of the craft shall have his rights unjustly invaded; and it is therefore bound, as the conservator of the rights of all, to inquire into the truth, and administer equity.

Whenever, therefore, even an Entered Apprentice complains that he has met with injustice and oppression, his complaint should be investigated and justice administered.

The question next occurs--What number of black b.a.l.l.s should prevent an Apprentice from pa.s.sing to the second degree? I answer, the same number that would reject the application of a profane for initiation into the Order. And why should this not be so? Are the qualifications which would be required of one applying, for the first time, for admission to the degree of an Apprentice more than would subsequently be required of the same person on his applying for a greater favor and a higher honor--that of being advanced to the second degree? Or do the requisitions, which exist in the earlier stages of Masonry, become less and less with every step of the aspirant's progress? Viewing the question in this light--and, indeed, I know of no other in which to view it--it seems to me to be perfectly evident that the peculiar const.i.tution and principles of our Order will require unanimity in the election of a profane for initiation, of an Apprentice for a Fellow Craft, and of a Fellow Craft for a Master Mason; and that, while no Entered Apprentice can be expelled from the Order, except by due course of trial, it is competent for the lodge, at any time, on a ballot, to refuse to advance him to the second degree. But, let it be remembered that the lodge which refuses to pa.s.s an Apprentice, on account of any objections to his moral character, or doubts of his worthiness, is bound to give him the advantage of a trial, and at once to expel him, if guilty, or, if innocent, to advance him when otherwise qualified.

Chapter III.

Of the Rights of Fellow Crafts.

In ancient times there were undoubtedly many rights attached to the second degree which have now become obsolete or been repealed; for formerly the great body of the fraternity were Fellow Crafts, and according to the old charges, even the Grand Master might be elected from among them. The Master and Wardens of Subordinate Lodges always were. Thus we are told that no Brother can be Grand Master, "unless he has been a Fellow Craft before his election," and in the ancient manner of const.i.tuting a lodge, contained in the Book of Const.i.tutions,[78] it is said that "the candidates, or the new Master and Wardens, being yet among the Fellow Crafts, the Grand Master shall ask his Deputy if he has examined them,"

etc. But now that the great body of the Fraternity consists of Master Masons, the prerogatives of Fellow Crafts are circ.u.mscribed within limits nearly as narrow as those of Entered Apprentices. While, however, Apprentices are not permitted to speak or vote, in ancient times, and up, indeed, to a very late date. Fellow Crafts were ent.i.tled to take a part in any discussion in which the lodge, while open in the first or second degree, might engage, but not to vote. This privilege is expressly stated by Preston, as appertaining to a Fellow Craft, in his charge to a candidate, receiving that degree.

"As a Craftsman, in our private a.s.semblies you may offer your sentiments and opinions on such subjects as are regularly introduced in the Lecture, under the superintendence of an experienced Master, who will guard the landmark against encroachment."[79]

This privilege is not now, however, granted in this country to Fellow Crafts. All, therefore, that has been said in the preceding chapter, of the rights of Entered Apprentices, will equally apply, _mutatis mutandis_, to the rights of Fellow Crafts.

Chapter IV.

Of the Rights of Master Masons.

When a Mason has reached the third degree, he becomes ent.i.tled to all the rights and privileges of Ancient Craft Masonry. These rights are extensive and complicated; and, like his duties, which are equally as extensive, require a careful examination, thoroughly to comprehend them. Four of them, at least, are of so much importance as to demand a distinct consideration. These are the rights of members.h.i.+p, of visitation, of relief, and of burial. To each I shall devote a separate section.

Section I.

_Of the Right of Members.h.i.+p._

The whole spirit and tenor of the General Regulations, as well as the uniform usage of the craft, sustain the doctrine, that when a Mason is initiated in a lodge, he has the right, by signing the bye-laws, to become a member without the necessity of submitting to another ballot. In the Const.i.tutions of the Grand Lodge of New York, this principle is a.s.serted to be one of the ancient landmarks, and is announced in the following words: "Initiation makes a man a Mason; but he must receive the Master's degree, and sign the bye-laws before he becomes a member of the lodge."[80] If the doctrine be not exactly a landmark (which I confess I am not quite prepared to admit), it comes to us almost clothed with the authority of one, from the sanction of universal and uninterrupted usage.

How long before he loses this right by a _non-user_, or neglect to avail himself of it, is, I presume, a question to be settled by local authority.

A lodge, or a Grand Lodge, may affix the period according to its discretion; but the general custom is, to require a signature of the bye-laws, and a consequent enrollment in the lodge, within three months after receiving the third degree. Should a Mason neglect to avail himself of his privilege, he forfeits it (unless, upon sufficient cause, he is excused by the lodge), and must submit to a ballot.

The reason for such a law is evident. If a Mason does not at once unite himself with the lodge in which he was raised, but permits an extended period of time to elapse, there is no certainty that his character or habits may not have changed, and that he may not have become, since his initiation, unworthy of affiliation. Under the general law, it is, therefore, necessary that he should in such case submit to the usual probation of one month, and an investigation of his qualifications by a committee, as well as a ballot by the members.

But there are other privileges also connected with this right of members.h.i.+p. A profane is required to apply for initiation to the lodge nearest his place of residence, and, if there rejected, can never in future apply to any other lodge. But the rule is different with respect to the application of a Master Mason for members.h.i.+p.

A Master Mason is not restricted in his privilege of application for members.h.i.+p within any geographical limits. All that is required of him is, that he should be an affiliated Mason; that is, that he should be a contributing member of a lodge, without any reference to its peculiar locality, whether near to or distant from his place of residence. The Old Charges simply prescribe, that every Mason ought to belong to a lodge. A Mason, therefore, strictly complies with this regulation, when he unites himself with any lodge, thus contributing to the support of the inst.i.tution, and is then ent.i.tled to all the privileges of an affiliated Mason.

A rejection of the application of a Master Mason for members.h.i.+p by a lodge does not deprive him of the right of applying to another. A Mason is in "good standing" until deprived of that character by the action of some competent masonic authority; and that action can only be by suspension or expulsion. Rejection does not, therefore, affect the "good standing" of the applicant; for in a rejection there is no legal form of trial, and consequently the rejected Brother remains in the same position after as before his rejection. He possesses the same rights as before, unimpaired and undiminished; and among these rights is that of applying for members.h.i.+p to any lodge that he may select.

If, then, a Mason may be a member of a lodge distant from his place of residence, and, perhaps, even situated in a different jurisdiction, the question then arises whether the lodge within whose precincts he resides, but of which he is not a member, can exercise its discipline over him should he commit any offense requiring masonic punishment. On this subject there is, among masonic writers, a difference of opinion. I, however, agree with Brother Pike, the able Chairman of the Committee of Correspondence of Arkansas, that the lodge can exercise such discipline. I contend that a Mason is amenable for his conduct not only to the lodge of which he may be a member, but also to any one within whose jurisdiction he permanently resides. A lodge is the conservator of the purity and the protector of the integrity of the Order within its precincts. The unworthy conduct of a Mason, living as it were immediately under its government, is calculated most injuriously to affect that purity and integrity. A lodge, therefore, should not be deprived of the power of coercing such unworthy Mason, and, by salutary punishment, of vindicating the character of the inst.i.tution. Let us suppose, by way of example, that a Mason living in San Francisco, California, but retaining his members.h.i.+p in New York, behaves in such an immoral and indecorous manner as to bring the greatest discredit upon the Order, and to materially injure it in the estimation of the uninitiated community. Will it be, for a moment, contended that a lodge in San Francisco cannot arrest the evil by bringing the unworthy Mason under discipline, and even ejecting him from the fraternity, if severity like that is necessary for the protection of the inst.i.tution? Or will it be contended that redress can only be sought through the delay and uncertainty of an appeal to his lodge in New York? Even if the words of the ancient laws are silent on this subject, reason and justice would seem to maintain the propriety and expediency of the doctrine that the lodge at San Francisco is amply competent to extend its jurisdiction and exercise its discipline over the culprit.

In respect to the number of votes necessary to admit a Master Mason applying by pet.i.tion for members.h.i.+p in a lodge, there can be no doubt that he must submit to precisely the same conditions as those prescribed to a profane on his pet.i.tion for initiation. There is no room for argument here, for the General Regulations are express on this subject.

"No man can be made or _admitted a member_ of a particular lodge," says the fifth regulation, "without previous notice one month before given to the said lodge."

And the sixth regulation adds, that "no man can be entered a Brother in any particular lodge, or _admitted to be a member_ thereof, without the unanimous consent of all the members of that lodge then present."

So that it may be considered as settled law, so far as the General Regulations can settle a law of Masonry, that a Master Mason can only be admitted a member of a lodge when applying by pet.i.tion, after a month's probation, after due inquiry into his character, and after a unanimous ballot in his favor.

But there are other rights of Master Masons consequent upon members.h.i.+p, which remain to be considered. In uniting with a lodge, a Master Mason becomes a partic.i.p.ant of all its interests, and is ent.i.tled to speak and vote upon all subjects that come before the lodge for investigation. He is also ent.i.tled, if duly elected by his fellows, to hold any office in the lodge, except that of Master, for which he must be qualified by previously having occupied the post of a Warden.

A Master has the right in all cases of an appeal from the decision of the Master or of the lodge.

A Master Mason, in good standing, has a right at any time to demand from his lodge a certificate to that effect.

Whatever other rights may appertain to Master Masons will be the subjects of separate sections.

Section II.

_Of the Right of Visit._

Every Master Mason, who is an affiliated member of a lodge, has the right to visit any other lodge as often as he may desire to do so. This right is secured to him by the ancient regulations, and is, therefore, irreversible. In the "Ancient Charges at the Const.i.tution of a Lodge,"

formerly contained in a MS. of the Lodge of Antiquity in London, and whose date is not later than 1688,[81]it is directed "that every Mason receive and cherish strange fellows when they come over the country, and set them on work, if they will work as the manner is; that is to say, if the Mason have any mould stone in his place, he shall give him a mould stone, and set him on work; and if he have none, the Mason shall refresh him with money unto the next lodge."

This regulation is explicit. It not only infers the right of visit, but it declares that the strange Brother shall be welcomed, "received, and cherished," and "set on work," that is, permitted to partic.i.p.ate in the work of your lodge. Its provisions are equally applicable to Brethren residing in the place where the lodge is situated as to transient Brethren, provided that they are affiliated Masons.

In the year 1819, the law was in England authoritatively settled by a decree of the Grand Lodge. A complaint had been preferred against a lodge in London, for having refused admission to some Brethren who were well known to them, alleging that as the lodge was about to initiate a candidate, no visitor could be admitted until that ceremony was concluded.

It was then declared, "that it is the undoubted right of every Mason who is well known, or properly vouched, to visit any lodge during the time it is opened for general masonic business, observing the proper forms to be attended to on such occasions, and so that the Master may not be interrupted in the performance of his duty."[82]

A lodge, when not opened for "general masonic business," but when engaged in the consideration of matters which interest the lodge alone, and which it would be inexpedient or indelicate to make public, may refuse to admit a visitor. Lodges engaged in this way, in private business, from which visitors are excluded, are said by the French Masons to be opened "_en famille_."

To ent.i.tle him to this right of visit, a Mason must be affiliated, that is, he must be a contributing member of some lodge. This doctrine is thus laid down in the Const.i.tutions of the Grand Lodge of England:

"A Brother who is not a subscribing member to some lodge, shall not be permitted to visit any one lodge in the town or place in which he resides, more than once during his secession from the craft."

A non-subscribing or unaffiliated Mason is permitted to visit each lodge once, and once only, because it is supposed that this visit is made for the purpose of enabling him to make a selection of the one with which he may prefer permanently to unite. But, afterwards, he loses this right of visit, to discountenance those Brethren who wish to continue members of the Order, and to partake of its pleasures and advantages, without contributing to its support.

A Master Mason is not ent.i.tled to visit a lodge, unless he previously submits to an examination, or is personally vouched for by a competent Brother present; but this is a subject of so much importance as to claim consideration in a distinct section.

Another regulation is, that a strange Brother shall furnish the lodge he intends to visit with a certificate of his good standing in the lodge from which he last hailed. This regulation has, in late years, given rise to much discussion. Many of the Grand Lodges of this country, and several masonic writers, strenuously contend for its antiquity and necessity, while others as positively a.s.sert that it is a modern innovation upon ancient usage.

There can, however, I think, be no doubt of the antiquity of certificates.

That the system requiring them was in force nearly two hundred years ago, at least, will be evident from the third of the Regulations made in General a.s.sembly, December 27, 1663, under the Grand Masters.h.i.+p of the Earl of St. Albans,[83] and which is in the following words: