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Article # 221
The Principles of Masonic Law-Book-1

Author: Bro. Dr.Albert Gallatin Mackey    Posted on: Friday, September 1, 2006
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[Bro.Dr.Albert Gallatin Mackey, the distinguished Masonic Scholar and writer, wrote this treatise in the year 1856 on the various aspects of the rules and the usages on the Constitutional aspects of Grand Lodges and the daughter lodges as well as The Landmarks of Freemasonry. This book has been and still continues to be treated as an authority on Masonic Jurisprudence and has guided the Fraternity. The learned author has provided reasons for his views on the numerous questions relating to the Constitution and the Administration of Freemasonry. This Book was Entered, according to Act of Congress, in the year 1855, by Jno. W. Leonard & Co., in the Clerk's Office of the District Court of the United States for the Southern District of New York and was published in 1856 by J.W.Leonard & Co. The book, which is in Public Domain is being posted in convenient parts. Foot Notes have been incorporated in the relevant portions of the main text in a distinct font. A careful reading will be very beneficial to all]

THE PRINCIPLES OF MASONIC LAW --( Book-1 )
(A Treatise on the Constitutional Laws, Usages And Landmarks of Freemasonry, 1856)

by Dr.Albert Gallatin Mackey

Dedication

"To

Brother J.J.J. Gourgas,
 (Sovereign Grand Inspector General in the Supreme Council for the Northern
 Jurisdiction of the United States,


I Dedicate This Work,


As a Slight Testimonial of My Friendship and Esteem for Him, 
As a Man,
And of My Profound Veneration for His Character, 
 As a Mason;

Whose Long and Useful Life Has Been Well Spent in the 
 Laborious Prosecution of the Science,

And the Unremitting Conservation of the Principles of Our 
 Sublime Institution."


Preface.

In presenting to the fraternity a work on the Principles of Masonic Law, it is due to those for whom it is intended, that something should be said of the design with which it has been written and of the plan on which it has been composed. It is not pretended to present to the craft an encyclopedia of jurisprudence, in which every question that can possibly arise, in the transactions of a Lodge, is decided with an especial reference to its particular circumstances. Were the accomplishment of such an Herculean task possible, except after years of intense and unremitting labor, the unwieldy size of the book produced and the heterogeneous nature of its contents, so far from inviting, would rather tend to distract attention and the object of communicating a knowledge of the Principles of Masonic Law, would be lost in the tedious collation of precedents, arranged without scientific system and enunciated without explanation.

When I first contemplated the composition of a work on this subject, a distinguished friend and Brother, whose opinion I much respect and with whose advice I am always anxious to comply, unless for the most satisfactory reasons, suggested the expediency of collecting the decisions of all Grand Masters, Grand Lodges and other Masonic authorities upon every subject of Masonic Law and of presenting them, without commentary, to the fraternity.

But a brief examination of this method, led me to perceive that I would be thus constructing simply a digest of decrees, many of which would probably be the results of inexperience, of prejudice, or of erroneous views of the Masonic system and from which the authors themselves have, in repeated instances, subsequently receded (for Grand Masters and Grand Lodges, although entitled to great respect, are not infallible) and I could not, conscientiously, have consented to assist, without any qualifying remark, in the extension and perpetuation of edicts and opinions, which, however high the authority from which they emanated, I did not believe to be in accordance with the principles of Masonic jurisprudence.

Another inconvenience which would have attended the adoption of such a method is, that the decisions of different Grand Lodges and Grand Masters are sometimes entirely contradictory on the same points of Masonic Law. The decree of one jurisdiction, on any particular question, will often be found at variance with that of another, while a third will differ from both. The consultor of a work, embracing within its pages such distracting judgments, unexplained by commentary, would be in doubt as to which decision he should adopt, so that coming to the inspection with the desire of solving a legal question, he would be constrained to close the volume, in utter despair of extracting truth or information from so confused a mass of contradictions.

This plan I therefore at once abandoned. But knowing that the jurisprudence of Masonry is founded, like all legal science, on abstract principles, which govern and control its entire system, I deemed it to be a better course to present these principles to my readers in an elementary and methodical treatise and to develop from them those necessary deductions which reason and common sense would justify.

Hence it is that I have presumed to call this work "The Principles of Masonic Law." It is not a code of enactments, nor a collection of statutes, nor yet a digest of opinions; but simply an elementary treatise, intended to enable every one who consults it, with competent judgment and ordinary intelligence, to trace for himself the bearings of the law upon any question which he seeks to investigate and to form, for himself, a correct opinion upon the merits of any particular case.

Blackstone, whose method of teaching I have endeavored, although I confess "ab longo inter-vallo," to pursue, in speaking of what an academical expounder of the law should do, says, "He should consider his course as a general map of the law, marking out the shape of the country, its connections and boundaries, its greater divisions and principal cities; it is not his business to describe minutely the subordinate limits, or to fix the longitude and latitude of every inconsiderable hamlet."

Such has been the rule that has governed me in the compilation of this work. But in delineating this "general map" of the Masonic Law, I have sought, if I may continue the metaphor, so to define boundaries and to describe countries, as to give the inspector no difficulty in "locating" (to use an Americanism) any subordinate point. I have treated, it is true, of principles, but I have not altogether lost sight of cases.

There are certain fundamental laws of the Institution, concerning which there never has been any dispute and which have come down to us with all the sanctions of antiquity and universal acceptation. In announcing these, I have not always thought it necessary to defend their justice, or to assign a reason for their enactment.

The weight of unanimous authority has, in these instances, been deemed sufficient to entitle them to respect and to obedience.

But on all other questions, where authority is divided, or where doubts of the correctness of my decision might arise, I have endeavored, by a course of argument as satisfactory as I could command, to assign a reason for my opinions and to defend and enforce my views, by a reference to the general principles of jurisprudence and the peculiar character of the Masonic system. I ask and should receive no deference to my own unsupported theories (as a man, I am, of course, fallible) and may often have decided erroneously. But I do claim for my arguments all the weight and influence of which they may be deemed worthy, after an attentive and unprejudiced examination. To those who may at first be ready (because I do not agree with all their preconceived opinions) to doubt or deny my conclusions, I would say, in the language of Themistocles, "Strike, but hear me."

Whatever may be the verdict passed upon my labors by my Brethren, I trust that some clemency will be extended to the errors into which I may have fallen, for the sake of the object which I have had in view: that, namely, of presenting to the Craft an elementary work, that might enable every Mason to know his rights and to learn his duties.

The intention was, undoubtedly, a good one. How it has been executed, it is not for me, but for the Masonic public to determine.

Albert G. Mackey.

. Charleston, S.C., January 1, 1856.

Introduction.

The Authorities for Masonic Law.

The laws which govern the institution of Freemasonry are of two kinds, unwritten and written and may in a manner be compared with the "lex non scripta," or common law and the "lex seripta," or Statute Law of English and American jurists.

The "lex non scripta," or unwritten law of Freemasonry is derived from the traditions, usages and customs of the fraternity as they have existed from the remotest antiquity and as they are universally admitted by the general consent of the members of the Order. In fact, we may apply to these unwritten laws of Masonry the definition given by Blackstone of the "leges non scriptæ" of the English Constitution, that, "their original institution and authority are not set down in writing, as acts of parliament are, but they receive their binding power and the force of laws, by long and immemorial usage and by their universal reception throughout the kingdom." When, in the course of this work, I refer to these unwritten laws as authority upon any point, I shall do so under the appropriate designation of "ancient usage."

The "lex scripta," or written law of Masonry, is derived from a variety of sources and was framed at different periods. The following documents I deem of sufficient authority to substantiate any principle, or to determine any disputed question in Masonic law.

1. The "Ancient Masonic charges, from a manuscript of the Lodge of Antiquity," and said to have been written in the reign of James II

[They will be found in Oliver's edition of Preston, p. 71, note, (U.M.L., vol. iii., p. 58), or in the American edition by Richards, Appendix i., note 5]

2. The regulations adopted at the General Assembly held in 1663, of which the Earl of St. Albans was Grand Master.

[Found in Ol. Preston, n. 3 (p. 162. U.M.L., vol. iii., p. 134]

3. The interrogatories propounded to the Master of a lodge at the time of his installation and which, from their universal adoption, without alteration, by the whole fraternity, are undoubtedly to be considered as a part of the fundamental law of Masonry.

4. "The Charges of a Freemason, extracted from the Ancient Records of Lodges beyond sea and of those in England, Scotland and Ireland, for the use of the Lodges in London," printed in the first edition of the Book of Constitutions and to be found from p. 49 to 56 of that work.

[In all references to, or citations from Anderson's Constitutions, I have used, unless otherwise stated, the first edition printed at London in 1723 (a facsimile of which has recently been published by Bro. John W. Leonard, of New York). I have, however, in my possession the subsequent editions of 1738, 1755and 1767and have sometimes collated them together.]

5. The thirty-nine "General Regulations," adopted "at the annual assembly and feast held at Stationers' Hall on

St. John the Baptist's day, 1721," and which were published in the first edition of the Book of Constitutions,

( p. 58.)

6. The subsequent regulations adopted at various annual communications by the Grand Lodge of England, up to the year 1769 and published in different editions of the Book of Constitutions. These, although not of such paramount importance and universal acceptation as the Old Charges and the Thirty-nine Regulations, are, nevertheless, of great value as the means of settling many disputed questions, by showing what was the law and usage of the fraternity at the times in which they were adopted.

Soon after the publication of the edition of 1769 of the Book of Constitutions, the Grand Lodges of America began to separate from their English parent and to organize independent jurisdictions. From that period, the regulations adopted by the Grand Lodge of England ceased to have any binding efficacy over the craft in this country, while the laws passed by the American Grand Lodges lost the character of general regulations and were invested only with local authority in their several jurisdictions.

Before concluding this introductory section, it may be deemed necessary that something should be said of the "Ancient Landmarks of the Order," to which reference is so often made.

Various definitions have been given of the landmarks. Some suppose them to be constituted of all the rules and regulations, which were in existence anterior to the revival of Masonry in 1717and which were confirmed and adopted by the Grand Lodge of England at that time. Others, more stringent in their definition, restrict them to the modes of recognition in use among the fraternity. I am disposed to adopt a middle course and to define the Landmarks of Masonry to be, all those usages and customs of the craft, whether ritual or legislative, whether they relate to forms and ceremonies, or to the organization of the society, which have existed from time immemorial and the alteration or abolition of which would materially affect the distinctive character of the institution or destroy its identity. Thus, for example, among the legislative landmarks, I would enumerate the office of Grand Master as the presiding officer over the craft and among the ritual landmarks, the legend of the third degree. But the laws, enacted from time to time by Grand Lodges for their local government, no matter how old they may be, do not constitute landmarks and may, at any time, be altered or expunged, since the 39th regulation declares expressly that "every annual Grand Lodge has an inherent power and authority to make new regulations or to alter these (viz., the thirty-nine articles) for the real benefit of this ancient fraternity, provided always that the old landmarks be carefully preserved."

Book First

The Law of Grand Lodges

Chapter 1. Historical Sketch

Chapter II. Of the Mode of Organizing Grand Lodges

Chapter III. Of the Members of a Grand Lodge.

Chapter IV. Of The Officers of Grand Lodge.

Section I. Of The Grand Master.

Section II. The Deputy Grand Master.

Section III. Of The Grand Wardens.

Section IV. Of The Grand Treasurer.

Section V. Of The Grand Secretary

Section VI. Of the Grand Chaplain.

Section VII. Of The Grand Deacons.

Section VIII. Of The Grand Marshal.

Section IX. Of The Grand Stewards.

Section X. Of The Grand Sword Bearer.

Section XI. Of The Grand Tiler.

Chapter V. Of The Powers and Prerogatives of a Grand Lodge.

Section I. General View

Section II. Of The Legislative Power of a Grand Lodge.

Section III. Of The Judicial Power of Grand Lodge

Section IV. Of The Executive Power of a Grand Lodge.

It is proposed in this Book, first to present the reader with a brief historical sketch of the rise and progress of the system of Grand Lodges and then to explain, in the subsequent sections, the mode in which such bodies are originally organized, who constitute their officers and members and what are their acknowledged prerogatives.

Chapter I. --Historical Sketch.

Grand Lodges under their present organization, are, in respect to the antiquity of the Order, of a comparatively modern date. We hear of no such bodies in the earlier ages of the institution. Tradition informs us, that originally it was governed by the despotic authority of a few chiefs. At the building of the temple, we have reason to believe that King Solomon exercised an unlimited and irresponsible control over the craft, although a tradition (not, however, of undoubted authority) says that he was assisted in his government by the counsel of twelve superintendents, selected from the twelve tribes of Israel. But we know too little, from authentic materials, of the precise system adopted at that remote period, to enable us to make any historical deductions on the subject.

The first historical notice that we have of the formation of a supreme controlling body of the fraternity, is in the "Gothic Constitutions" [The Gothic Constitutions are that code of laws which was adopted by the General Assembly at York, in the year 926. They are no longer extant, but portions of them have been preserved by Anderson, Preston and other writers.] which assert that, in the year 287, St. Alban, the protomartyr of England, who was a zealous patron of the craft, obtained from Carausius, the British Emperor, "a charter for the Masons to hold a general council and gave it the name of assembly." The record further states, that St. Alban attended the meeting and assisted in making Masons, giving them "good charges and regulations." We know not, however, whether this assembly ever met again; and if it did, for how many years it continued to exist. The subsequent history of Freemasonry is entirely silent on the subject.

The next general assemblage of the craft, of which the records of Freemasonry inform us, was that convened in 926, at the city of York, in England, by Prince Edwin, the brother of King Athelstane and the grandson of Alfred the Great. This, we say, was the next general assemblage, because the Ashmole manuscript, which was destroyed at the revival of Freemasonry in 1717, is said to have stated that, at that time, the Prince obtained from his brother, the King, a permission for the craft "to hold a yearly communication and a general assembly." The fact that such a power of meeting was then granted, is conclusive that it did not before exist and would seem to prove that the assemblies of the craft, authorised by the charter of Carausius, had long since ceased to be held. This yearly communication did not, however, constitute, at least in the sense we now understand it, a Grand Lodge. The name given to it was that of the "General Assembly of Masons." It was not restricted, as now, to the Masters and Wardens of the subordinate lodges, acting in the capacity of delegates or representatives but was composed, as Preston has observed, of as many of the fraternity at large as, being within a convenient distance, could attend once or twice a year, under the auspices of one general head, who was elected and installed at one of these meetings and who, for the time being, received homage as the governor of the whole body. Any Brethren who were competent to discharge the duty, were allowed, by the regulations of the Order, to open and hold lodges at their discretion, at such times and places as were most convenient to them and without the necessity of what we now call a Warrant of Constitution and then and there to initiate members into the Order. [Preston, book iv., sec, 2., p. 132, n. (U.M.L.,vol. iii., p. 109)] To the General Assembly, however, all the craft, without distinction, were permitted to repair; each Mason present was entitled to take part in the deliberations and the rules and regulations enacted were the result of the votes of the whole body. The General Assembly was, in fact, precisely similar to those political congregations which, in our modern phraseology, we term "mass meetings."

These annual mass meetings or General Assemblies continued to be held, for many centuries after their first establishment, at the city of York and were, during all that period, the supreme judicatory of the fraternity. There are frequent references to the annual assemblies of Freemasons in public documents. The preamble to an act passed in 1425, during the reign of Henry VI., just five centuries after the meeting at York, states that, "by the yearly congregations and confederacies made by the Masons in their general assemblies, the good course and effect of the statute of laborers were openly violated and broken." This act which forbade such meetings, was, however, never put in force; for an old record, quoted in the Book of Constitutions, speaks of the Brotherhood having frequented this "mutual assembly," in 1434, in the reign of the same king. We have another record of the General Assembly, which was held in York on the 27th December, 1561, when Queen Elizabeth, who was suspicious of their secrecy, sent an armed force to dissolve the meeting. A copy is still preserved of the regulations which were adopted by a similar assembly held in 1663, on the festival of St. John the Evangelist; and in these regulations it is declared that the private lodges shall give an account of all their acceptations made during the year to the General Assembly. Another regulation, however, adopted at the same time, still more explicitly acknowledges the existence of a General Assembly as the governing body of the fraternity. It is there provided, "that for the future, the said fraternity of Freemasons shall be regulated and governed by one Grand Master and as many Wardens as the said society shall think fit to appoint at every Annual General Assembly."

And thus the interests of the institution continued, until the beginning of the eighteenth century, or for nearly eight hundred years, to be entrusted to those General Assemblies of the fraternity, who, without distinction of rank or office, annually met at York to legislate for the government of the craft.

But in 1717, a new organization of the governing head was adopted, which gave birth to the establishment of a Grand Lodge, in the form in which these bodies now exist. So important a period in the history of Masonry demands our special attention.

After the death, in 1702, of King William, who was himself a Mason and a great patron of the craft, the institution began to languish, the lodges decreased in number and the General Assembly was entirely neglected for many years. A few old lodges continued, it is true, to meet regularly, but they consisted of only a few members.

At length, on the accession of George I., the Masons of London and its vicinity determined to revive the annual communications of the society. There were at that time only four lodges in the south of England and the members of these, with several old Brethren, met in February, 1717, at the Apple Tree Tavern, in Charles street, Covent Garden and organized by putting the oldest Master Mason, who was the Master of a lodge, in the chair; they then constituted themselves into what Anderson calls, "a Grand Lodge pro tempore;" resolved to hold the annual assembly and feast and then to choose a Grand Master.

Accordingly, on the 24th of June, 1717, the assembly and feast were held; and the oldest Master of a lodge being in the chair, a list of candidates was presented, out of which Mr. Anthony Sayer was elected Grand Master and Capt. Joseph Elliott and Mr. Jacob Lamball, Grand Wardens.

The Grand Master then commanded the Masters and Wardens of lodges to meet the Grand Officers every quarter, in communication, at the place he should appoint in his summons sent by the Tiler.

This was, then, undoubtedly, the commencement of that organization of the Masters and Wardens of lodges into a Grand Lodge, which has ever since continued to exist.

The fraternity at large, however, still continued to claim the right of being present at the annual assembly; and, in fact, at that meeting, their punctual attendance at the next annual assembly and feast was recommended.

At the same meeting, it was resolved "that the privilege of assembling as Masons, which had been hitherto unlimited, should be vested in certain lodges or assemblies of Masons convened in certain places; and that every lodge to be hereafter convened, except the four old lodges at this time existing, should be legally authorized to act by a warrant from the Grand Master for the time being, granted to certain individuals by petition, with the consent and approbation of the Grand Lodge in communication; and that, without such warrant, no lodge should be hereafter deemed regular or constitutional."

In consequence of this regulation, several new lodges received Warrants of Constitution and their Masters and Wardens were ordered to attend the communications of the Grand Lodge. The Brethren at large vested all their privileges in the four old lodges, in trust that they would never suffer the old charges and landmarks to be infringed; and the old lodges, in return, agreed that the Masters and Wardens of every new lodge that might be constituted, should be permitted to share with them all the privileges of the Grand Lodge, except precedence of rank. The Brethren, says Preston, considered their further attendance at the meetings of the society unnecessary after these regulations were adopted; and therefore trusted implicitly to their Masters and Wardens for the government of the craft; and thenceforward the Grand Lodge has been composed of all the Masters and Wardens of the subordinate lodges which constitute the jurisdiction.

The ancient right of the craft, however, to take a part in the proceedings of the Grand Lodge or Annual Assembly, was fully acknowledged by a new regulation, adopted about the same time, in which it is declared that all alterations of the Constitutions must be proposed and agreed to, at the third quarterly communication preceding the annual feast and be offered also to the perusal of all the Brethren before dinner, even of the youngest Entered Apprentice [General Regulations. Art.xxxix]

This regulation has, however, (I know not by what right,) become obsolete and the Annual Assembly of Masons has long ceased to be held; the Grand Lodges having, since the beginning of the eighteenth century, assumed the form and organization which they still preserve, as strictly representative bodies.

Chapter II.

Of the Mode of Organizing Grand Lodges.

The topic to be discussed in this section is, the answer to the question, How shall a Grand Lodge be established in any state or country where such a body has not previously existed, but where there are subordinate lodges working under Warrants derived from Grand Lodges in other states? In answering this question, it seems proper that I should advert to the course pursued by the original Grand Lodge of England, at its establishment in 1717, as from that body nearly all the Grand Lodges of the York rite now in existence derive their authority, either directly or indirectly and the mode of its organization has, therefore, universally been admitted to have been regular and legitimate.

In the first place, it is essentially requisite that the active existence of subordinate lodges in a state should precede the formation of a Grand Lodge, for the former are the only legitimate sources of the latter. A mass meeting of Masons cannot assemble and organize a Grand Lodge. A certain number of lodges, holding legal warrants from a Grand Lodge or from different Grand Lodges, must meet by their representatives and proceed to the formation of a Grand Lodge. When that process has been accomplished, the subordinate lodges return the warrants, under which they had theretofore worked, to the Grand Lodges from which they had originally received them and take new ones from the body which they have formed.

That a mass meeting of the fraternity of any state is incompetent to organize a Grand Lodge has been definitively settled, not only by general usage, but by the express action of the Grand Lodges of the United States which refused to recognize, in 1842, the Grand Lodge of Michigan which had been thus irregularly established in the preceding year. That unrecognized body was then dissolved by the Brethren of Michigan, who proceeded to establish four subordinate lodges under Warrants granted by the Grand Lodge of New York. These four lodges subsequently met in convention and organized the present Grand Lodge of Michigan in a regular manner.

It seems, however, to have been settled in the case of Vermont, that where a Grand Lodge has been dormant for many years and all of its subordinates extinct, yet if any of the Grand Officers, last elected, survive and are present, they may revive the Grand Lodge and proceed constitutionally to the exercise of its prerogatives.

The next inquiry is, as to the number of lodges required to organize a new Grand Lodge. Dalcho says that five lodges are necessary; and in this opinion he is supported by the Ahiman Rezon of Pennsylvania, published in 1783 by William Smith, D.D., at that time the Grand Secretary of that jurisdiction and also by some other authorities. But no such regulation is to be found in the Book of Constitutions, which is now admitted to contain the fundamental law of the institution. Indeed, its adoption would have been a condemnation of the legality of the Mother Grand Lodge of England, which was formed in 1717 by the union of only four lodges. The rule, however, is to be found in the Ahiman Rezon of Laurence Dermott, which was adopted by the "Grand Lodge of Ancient Freemasons," that seceded from the lawful Grand Lodge in 1738. But as that body was undoubtedly, under our present views of masonic law, schismatic and illegal, its regulations have never been considered by masonic writers as being possessed of any authority.

In the absence of any written law upon the subject, we are compelled to look to precedent for authority and although the Grand Lodges in the United States have seldom been established with a representation of less than four lodges, the fact that that of Texas was organized in 1837 by the representatives of only three lodges and that the Grand Lodge thus instituted was at once recognized as legal and regular by all its sister Grand Lodges, seems to settle the question that three subordinates are sufficient to institute a Grand Lodge.

Three lodges, therefore, in any territory where a Grand Lodge does not already exist, may unite in convention and organize a Grand Lodge. It will then be necessary, that these lodges should surrender the warrants under which they had been previously working and take out new warrants from the Grand Lodge which they have constituted; and, from that time forth, all Masonic authority is vested in the Grand Lodge thus formed.

The Grand Lodge having been thus constituted, the next inquiries that suggest themselves are as to its members and its officers, each of which questions will occupy a distinct discussion.

Chapter III.

Of the Members of a Grand Lodge.

It is an indisputable fact that the "General Assembly" which met at York in 926 was composed of all the members of the fraternity, who chose to repair to it and it is equally certain that, at the first Grand Lodge, held in 1717, after the revival of Masonry, all the craft who were present exercised the right of membership in voting for Grand Officers and must, therefore, have been considered members of the Grand Lodge.

[ Chancellor Walworth, in his profound argument on the New York difficulties, asserted that this fact "does not distinctly appear, although it is, pretty evident that all voted."—p. 33. The language of Anderson does not, however, admit of a shadow of a doubt. "The Brethren," he says, "by a majority of hands, elected," &c.]

The right does not, however, appear to have been afterwards claimed. At this very assembly, the Grand Master who had been elected, summoned only the Master and Wardens of the lodges to meet him in the quarterly communications; and Preston distinctly states, that soon after, the Brethren of the four old lodges, which had constituted the Grand Lodge, considered their attendance on the future communications of the society unnecessary and therefore concurred with the lodges which had been subsequently warranted in delegating the power of representation to their Masters and Wardens, "resting satisfied that no measure of importance would be adopted without their approbation."

Any doubts upon the subject were, however, soon put at rest by the enactment of a positive law. In 1721, thirty-nine articles for the future government of the craft were approved and confirmed, the twelfth of which was in the following words: "The Grand Lodge consists of and is formed by, the Masters and Wardens of all the regular particular lodges upon record, with the Grand Master at their head and his Deputy on his left hand and the Grand Wardens in their proper places."

From time to time, the number of these constituents of a Grand Lodge were increased by the extension of the qualifications for membership. Thus, in 1724, Past Grand Masters and in 1725, Past Deputy Grand Masters, were admitted as members of the Grand Lodge. Finally it was decreed that the Grand Lodge should consist of the four present and all Past Grand Officers; the Grand Treasurer, Secretary and Sword-Bearer; the Master, Wardens and nine assistants of the Grand Stewards' lodge and the Masters and Wardens of all the regular lodges.

Past Masters were not at first admitted as members of the Grand Lodge. There is no recognition of them in the old Constitutions. Walworth thinks it must have been after 1772 that they were introduced. [ Opinion of Chancellor Walworth upon the questions connected with the late masonic difficulties in the State of New York, p. 37. There is much historical learning displayed in this little pamphlet.]

I have extended my researches to some years beyond that period, without any success in finding their recognition as members under the Constitution of England. It is true that, in 1772, Dermott prefixed a note to his edition of the Ahiman Rezon, in which he asserts that "Past Masters of warranted lodges on record are allowed this privilege (of membership) whilst they continue to be members of any regular lodge." And it is, doubtless, on this imperfect authority, that the Grand Lodges of America began at so early a period to admit their Past Masters to seats in the Grand Lodge. In the authorized Book of Constitutions, we find no such provision. Indeed, Preston records that in 1808, at the laying of the foundation-stone of the Covent Garden Theatre, by the Prince of Wales, as Grand Master, "the Grand Lodge was opened by Charles Marsh, Esq., attended by the Masters and Wardens of all the regular lodges;" and, throughout the description of the ceremonies, no notice is taken of Past Masters as forming any part of the Grand Lodge. The first notice that we have been enabled to obtain of Past Masters, as forming any part of the Grand Lodge of England, is in the "Articles of Union between the two Grand Lodges of England," adopted in 1813, which declare that the Grand Lodge shall consist of the Grand and Past Grand Officers, of the actual Masters and Wardens of all the warranted lodges and of the "Past Masters of Lodges who have regularly served and passed the chair before the day of Union and who continued, without secession, regular contributing members of a warranted lodge." But it is provided, that after the decease of all these ancient Past Masters, the representation of every lodge shall consist of its Master and Wardens and one Past Master only. There is, I presume, no doubt that, from 1772, Past Masters had held a seat in the Athol Grand Lodge of Ancient Masons and that they did not in the original Grand Lodge, is, I believe, a fact equally indisputable. By the present constitutions of the United Grand Lodge of England, Past Masters are members of the Grand Lodge, while they continue subscribing members of a private lodge. In some of the Grand Lodges of the United States, Past Masters have been permitted to retain their membership, while in others, they have been disfranchised.

On the whole, the result of this inquiry seems to be, that Past Masters have no inherent right, derived from the ancient landmarks, to a seat in the Grand Lodge, but as every Grand Lodge has the power, within certain limits, to make regulations for its own government, it may or may not admit them to membership, according to its own notion of expediency.

Some of the Grand Lodges have not only disfranchised Past Masters, but Wardens also and restricted membership only to acting Masters. This innovation has arisen from the fact that the payment of mileage and expenses to three representative would entail a heavy burden on the revenue of the Grand Lodge. The reason may have been imperative; but in the practice, pecuniary expediency has been made to override an ancient usage.

In determining, then, who are the constitutional members of a Grand Lodge, deriving their membership from inherent right, I should say that they are the Masters and Wardens of all regular lodges in the jurisdiction, with the Grand Officers chosen by them. All others, who by local regulations are made members, are so only by courtesy and not by prescription or ancient law.

Chapter IV.

Of the Officers of a Grand Lodge.

The officers of a Grand Lodge may be divided into two classes, essential and accidental, or, as they are more usually called, Grand and Subordinate. The former of these classes are, as the name imports, essential to the composition of a Grand Lodge and are to be found in every jurisdiction, having existed from the earliest times. They are the Grand and Deputy Grand Masters, the Grand Wardens, Grand Treasurer and Grand Secretary. The Grand Chaplain is also enumerated among the Grand Officers, but the office is of comparatively modern date. The subordinate officers of a Grand Lodge consist of the Deacons, Marshal, Pursuivant, or Sword-Bearer, Stewards and others, whose titles and duties vary in different jurisdictions. I shall devote a separate section to the consideration of the duties of each and prerogatives of these officers.

Section I.

Of the Grand Master.

The office of Grand Master of Masons has existed from the very origin of the institution; for it has always been necessary that the fraternity should have a presiding head. There have been periods in the history of the institution when neither Deputies nor Grand Wardens are mentioned, but there is no time in its existence, when it was without a Grand Master and hence Preston, while speaking of that remote era in which the fraternity was governed by a General Assembly, says that this General Assembly or Grand Lodge "was not then restricted, as it is now understood to be, to the Masters and Wardens of private lodges, with the Grand Master and his Wardens at their head. It consisted of as many of the Fraternity at large as, being within a convenient distance, could attend, once or twice in a year, under the auspices of one general head, who was elected and installed at one of these meetings; and who for the time being received homage as the sole governor of the whole body" .[Preston, p. 131, n., Oliver's Edit. (U.M.L., vol. iii.,p. 109)]

The office is one of great honour as well as power and has generally been conferred upon some individual distinguished by an influential position in society; so that his rank and character might reflect credit upon the craft.

[Of the thirty-six Grand Masters who have presided over the craft in England since the revival of Masonry in 1717, thirty have been noblemen and three princes of the reigning family]

The Grand Mastership is an elective office, the election being annual and accompanied with impressive ceremonies of proclamation and homage made to him by the whole craft. Uniform usage, as well as the explicit declaration of the General Regulations, [Article xxxiv] seems to require that he should be installed by the last Grand Master. But in his absence the Deputy or some Past Grand Master may exercise the functions of installation or investiture. In the organization of a new Grand Lodge, ancient precedent and the necessity of the thing will authorize the performance of the installation by the Master of the oldest lodge present, who, however, exercises, pro hac vice, the prerogatives and assumes the place of a Grand Master.

The Grand Master possesses a great variety of prerogatives, some of which are derived from the "lex non scripta," or ancient usage; and others from the written or statute law of Masonry [His most important prerogatives are inherent or derived from ancient usage.]

I. He has the right to convene the Grand Lodge whenever he pleases and to preside over its deliberation. In the decision of all questions by the Grand Lodge he is entitled to two votes. This is a privilege secured to him by Article XII. of the General Regulations.

It seems now to be settled, by ancient usage as well as the expressed opinion of the generality of Grand Lodges and of Masonic writers, that there is no appeal from his decision. In June, 1849, the Grand Master of New York, Bro. Williard, declared an appeal to be out of order and refused to submit it to the Grand Lodge. The proceedings on that eventful occasion have been freely discussed by the Grand Lodges of the United States and none of them have condemned the act of the Grand Master, while several have sustained it in express terms. "An appeal," say the Committee of Correspondence of Maryland, "from the decision of the Grand Master is an anomaly at war with every principle of Freemasonry and as such, not for a moment to be tolerated or countenanced." [Proceedings G.L. Maryland, 1849, p. 25.]

This opinion is also sustained by the Committee of the Grand Lodge of Florida in the year 1851and at various times by other Grand Lodges. On the other hand, several Grand Lodges have made decisions adverse to this prerogative and the present regulations of the Grand Lodge of England seem, by a fair interpretation of their phraseology, to admit of an appeal from the Grand Master. Still the general opinion of the craft in this country appears to sustain the doctrine, that no appeal can be made from the decision of that officer. And this doctrine has derived much support in the way of analogy from the report adopted by the General Grand Chapter of the United States, declaring that no appeal could lie from the decision of the presiding officer of any Royal Arch body.

Since we have enunciated this doctrine as Masonic law, the question next arises, in what manner shall the Grand Master be punished, should he abuse his great prerogative? The answer to this question admits of no doubt. It is to be found in a regulation, adopted in 1721, by the Grand Lodge of England and is in these words:—"If the Grand Master should abuse his great power and render himself unworthy of the obedience and submission of the Lodges, he shall be treated in a way and manner to be agreed upon in a new regulation." But the same series of regulations very explicitly prescribe, how this new regulation is to be made; namely, it is to be "proposed and agreed to at the third quarterly communication preceding the annual Grand Feast and offered to the perusal of all the Brethren before dinner, in writing, even of the youngest entered apprentice; the approbation and consent of the majority of all the Brethren present being absolutely necessary, to make the same binding and obligatory." [Art. xxxix.] This mode of making a new regulation is explicitly and positively prescribed—it can be done in no other way—and those who accept the old regulations as the law of Masonry, must accept this provision with them. This will, in the present organization of many Grand Lodges, render it almost impracticable to make such a new regulation, in which case the Grand Master must remain exempt from other punishment for his misdeeds, than that which arises from his own conscience and the loss of his Brethren's regard and esteem.

II. The power of granting dispensations is one of the most important prerogatives of the Grand Master. A dispensation may be defined to be an exemption from the observance of some law or the performance of some duty. In Masonry, no one has the authority to grant this exemption, except the Grand Master; and, although the exercise of it is limited within the observance of the ancient landmarks, the operation of the prerogative is still very extensive. The dispensing power may be exercised under the following circumstances:

1. The fourth old Regulation prescribes that "no lodge shall make more than five new Brothers at one and the same time without an urgent necessity." [The word "time" has been interpreted to mean communication. ] But of this necessity the Grand Master may judge and, on good and sufficient reason being shown, he may grant a dispensation enabling any lodge to suspend this regulation and make more than five new Brothers.

2. The next regulation prescribes "that no one can be accepted a member of a particular lodge without previous notice, one month before given to the lodge, in order to make due inquiry into the reputation and capacity of the candidate." But here, also, it is held that, in a suitable case of emergency, the Grand Master may exercise his prerogative and dispense with this probation of one month, permitting the candidate to be made on the night of his application.

3. If a lodge should have omitted for any causes to elect its officers or any of them on the constitutional night of election, or if any officer so elected shall have died, been deposed or removed from the jurisdiction subsequent to his election, the Grand Master may issue a dispensation empowering the lodge to proceed to an election or to fill the vacancy at any other specified communication; but he cannot grant a dispensation to elect a new master in consequence of the death or removal of the old one, while the two Wardens or either of them remain—because the Wardens succeed by inherent right and in order of seniority to the vacant mastership. And, indeed, it is held that while one of the three officers remains, no election can be held, even by dispensation, to fill the other two places, though vacancies in them may have occurred by death or removal.

4. The Grand Master may grant a dispensation empowering a lodge to elect a Master from among the members on the floor; but this must be done only when every Past Master, Warden and Past Warden of the lodge has refused to serve, [And this is not because such past officer has an inherent right to the mastership, but because as long as such an one is present and willing to serve, there does not exist such an emergency as would authorize a dispensation of the law. ] because ordinarily a requisite qualification for the Mastership is, that the candidate shall, previously, have served in the office of Warden.

5. In the year 1723 a regulation was adopted, prescribing "that no Brother should belong to more than one lodge within the bills of mortality." Interpreting the last expression to mean three miles—which is now supposed to be the geographical limit of a lodge's jurisdiction, this regulation may still be considered as a part of the law of Masonry; but in some Grand Lodges, as that of South Carolina, for instance, the Grand Master will sometimes exercise his prerogative and, dispensing with this regulation, permit a Brother to belong to two lodges, although they may be within three miles of each other.

6. But the most important power of the Grand Master connected with his dispensing prerogative is, that of constituting new lodges. It has already been remarked that, anciently, a warrant was not required for the formation of a lodge, but that a sufficient number of Masons, met together within a certain limit, were empowered, with the consent of the sheriff or chief magistrate of the place, to make Masons and practice the rites of Masonry, without such warrant of Constitution. But, in the year 1717, it was adopted as a regulation, that every lodge, to be thereafter convened, should be authorised to act by a warrant from the Grand Master for the time being, granted to certain persons by petition, with the consent and approbation of the Grand Lodge in communication. Ever since that time, no lodge has been considered as legally established, unless it has been constituted by the authority of the Grand Master. In the English Constitutions, the instrument thus empowering a lodge to meet, is called, when granted by the Grand Master, a Warrant of Constitution. It is granted by the Grand Master and not by the Grand Lodge. It appears to be a final instrument, notwithstanding the provision enacted in 1717, requiring the consent and approbation of the Grand Lodge; for in the Constitution of the United Grand Lodge of England, there is no allusion whatever to this consent and approbation.

But in this country, the process is somewhat different and the Grand Master is deprived of a portion of his prerogative. Here, the instrument granted by the Grand Master is called a Dispensation. The lodge receiving it is not admitted into the register of lodges, nor is it considered as possessing any of the rights and privileges of a lodge, except that of making Masons, until a Warrant of Constitution is granted by the Grand Lodge. The ancient prerogative of the Grand Master is, however, preserved in the fact, that after a lodge has been thus warranted by the Grand Lodge, the ceremony of constituting it, which embraces its consecration and the installation of its officers, can only be performed by the Grand Master in person, or by his special Deputy appointed for that purpose. [And this is not because such past officer has an inherent right to the mastership, but because as long as such an one is present and willing to serve, there does not exist such an emergency as would authorize a dispensation of the law. ]

III. The third prerogative of the Grand Master is that of visitation. He has a right to visit any lodge within his jurisdiction at such times as he pleases and when there to preside; and it is the duty of the Master to offer him the chair and his gavel, which the Grand Master may decline or accept at his pleasure. This prerogative admits of no question, as it is distinctly declared in the first of Thirty-nine Regulations, adopted in 1721, in the following words:—"The Grand Master or Deputy has full authority and right, not only to be present, but to preside in every lodge, with the Master of the lodge on his left hand and to order his Grand Wardens to attend him, who are not to act as Wardens of particular lodges, but in his presence and at his command; for the Grand Master, while in a particular lodge, may command the Wardens of that lodge, or any other Master Masons, to act as his Wardens, pro tempore."

But in a subsequent regulation it was provided, that as the Grand Master cannot deprive the Grand Wardens of that office without the consent of the Grand Lodge, he should appoint no other persons to act as Wardens in his visitation to a private lodge, unless the Grand Wardens were absent. This whole regulation is still in existence.

The question has been lately mooted, whether, if the Grand Master declines to preside, he does not thereby place himself in the position of a private Brother and become subject, as all the others present, to the control of the Worshipful Master. I answer, that of course he becomes subject to and must of necessity respect those rules of order and decorum which are obligatory on all good men and Masons; but that he cannot, by the exercise of an act of courtesy in declining to preside, divest himself of his prerogative, which, moreover, he may at any time during the evening assume and demand the gavel. The Grand Master of Masons can, under no circumstances, become subject to the decrees and orders of the Master of a particular lodge.

IV. Another prerogative of the Grand Master is that of appointment; which, however, in this country, has been much diminished. According to the old regulations and the custom is still continued in the Constitutions of the Grand Lodge of England, the Grand Master has the right of appointing his Deputy and Wardens. In the United States, the office has been shorn of this high prerogative and these Officers are elected by the Grand Lodge. The Deputy, however, is still appointed by the Grand Master, in some of the States, as Massachusetts, North Carolina, Wisconsin and Texas. The appointment of the principal subordinate officers, is also given to the Grand Master by the American Grand Lodges.

V. The last and most extraordinary power of the Grand Master, is that of making Masons at sight.

The power to "make Masons at sight" is a technical term, which may be defined to be the power to initiate, pass and raise candidates by the Grand Master, in a lodge of emergency, or as it is called in the Book of Constitutions, "an occasional lodge," especially convened by him and consisting of such Master Masons as he may call together for that purpose only—the lodge ceasing to exist as soon as the initiation, passing, or raising, has been accomplished and the Brethren have been dismissed by the Grand Master.

Whether such a power is vested in the Grand Master, is a question that, within the last few years, has been agitated with much warmth, by some of the Grand Lodges of this country; but I am not aware that, until very lately, the prerogative was ever disputed [It is well known, although it cannot be quoted as authority, that the Athol Constitutions expressly acknowledged the existence of this prerogative. See Dermott's Ahiman Rezon. ]

In the Book of Constitutions, however, several instances are furnished of the exercise of this right by various Grand Masters.

In 1731, Lord Lovel being Grand Master, he "formed an occasional lodge at Houghton Hall, Sir Robert Walpole's House in Norfolk," and there made the Duke of Lorraine, afterwards Emperor of Germany and the Duke of Newcastle, Master Masons. [Book of Constitutions, edit. 1767, p. 222. ]

I do not quote the case of the initiation, passing and raising of Frederick, Prince of Wales, in 1737, which was done in "an occasional lodge," over which Dr. Desaguliers presided, [Book of Const., p. 233. ] because as Desaguliers was not the Grand Master, nor even, as has been incorrectly stated by the New York Committee of Correspondence, Deputy Grand Master, but only a Past Grand Master, it cannot be called a making at sight. He most probably acted under the dispensation of the Grand Master, who at that time was the Earl of Darnley.

But in 1766, Lord Blaney, who was then Grand Master, convened "an occasional lodge" and initiated, passed and raised the Duke of Gloucester.[Book of Const., p. 313. ]

Again in 1767, John Salter, the Deputy, then acting as Grand Master, convened "an occasional lodge," and conferred the three degrees on the Duke of Cumberland. [Book of Constitutions, p. 319. ]

In 1787, the Prince of Wales was made a Mason "at an occasional lodge, convened," says Preston, "for the purpose, at the Star and Garter, Pall Mall, over which the Duke of Cumberland, (Grand Master) presided in person." [Preston, p. 237, ed. 1802, (U.M.L., vol. iii., p. 223)]

But it is unnecessary to multiply instances of the right, exercised by former Grand Masters, of congregating occasional lodges and making Masons at sight. It has been said, however, by the oppugners of this prerogative, that these "occasional lodges" were only special communications of the Grand Lodge and the "makings" are thus supposed to have taken place under the authority of that body and not of the Grand Master. The facts, however, do not sustain this position. Throughout the Book of Constitutions, other meetings, whether regular or special, are distinctly recorded as meetings of the Grand Lodge, while these "occasional lodges" appear only to have been convened by the Grand Master, for the purpose of making Masons. Besides, in many instances, the lodge was held at a different place from that of the Grand Lodge and the officers were not, with the exception of the Grand Master, the officers of the Grand Lodge. Thus the occasional lodge, which initiated the Duke of Lorraine, was held at the residence of Sir Robert Walpole, in Norfolk, while the Grand Lodge always met in London. In 1766, the Grand Lodge held its communications at the Crown and Anchor; but the occasional lodge, which, in the same year, conferred the degrees on the Duke of Gloucester, was convened at the Horn Tavern. In the following year, the lodge which initiated the Duke of Cumberland was convened at the Thatched House Tavern, the Grand Lodge continuing to meet at the Crown and Anchor.

This may be considered very conclusive evidence of the existence of the prerogative of the Grand Master, which we are now discussing, but the argument à fortiori, drawn from his dispensing power, will tend to confirm the doctrine.

No one doubts or denies the power of the Grand Master to constitute new lodges by dispensation. In 1741, the Grand Lodge of England forgot it for a moment and adopted a new regulation, that no new lodge should be constituted until the consent of the Grand Lodge had been first obtained, "But this order, afterwards appearing," says the Book of Constitutions, [. Book of Constitutions, p. 247 ] "to be an infringement on the prerogative of the Grand Master and to be attended with many inconveniences and with damage to the craft, was repealed."

It is, then, an undoubted prerogative of the Grand Master to constitute lodges by dispensation and in these lodges, so constituted, Masons may be legally entered, passed and raised. This is done every day. Seven Master Masons, applying to the Grand Master, he grants them a dispensation, under authority of which they proceed to open and hold a lodge and to make Masons. This lodge is, however, admitted to be the mere creature of the Grand Master, for it is in his power, at any time, to revoke the dispensation he had granted and thus to dissolve the lodge.

But, if the Grand Master has the power thus to enable others to confer the degrees and make Masons by his individual authority out of his presence, are we not permitted to argue à fortiori , that he has also the right of congregating seven Brethren and causing a Mason, to be made in his sight? Can he delegate a power to others which he does not himself possess? And is his calling together "an occasional lodge," and making, with the assistance of the Brethren thus assembled, a Mason "at sight," that is to say, in his presence, anything more or less than the exercise of his dispensing power, for the establishment of a lodge under dispensation, for a temporary period and for a special purpose. The purpose having been effected and the Mason having been made, he revokes his dispensation and the lodge is dismissed. If we assumed any other ground than this, we should be compelled to say, that though the Grand Master might authorise others to make Masons, when he was absent, as in the usual case of lodges under dispensation yet the instant that he attempted to convey the same powers to be exercised in his presence and under his personal supervision, his authority would cease. This course of reasoning would necessarily lead to a contradiction in terms, if not to an actual absurdity.

It is proper to state, in conclusion, that the views here set forth are not entertained by the very able Committee of Foreign Correspondence of the Grand Lodge of Florida, who only admit the power of the Grand Master to make Masons in the Grand Lodge. On the other hand, the Grand Lodge of Wisconsin, at its last communication, adopted a report, asserting "that the Grand Master has the right to make Masons at sight, in cases which he may deem proper"—and the Committee of Correspondence of New York declares, that "since the time when the memory of man runneth not to the contrary, Grand Masters have enjoyed the privilege of making Masons at sight, without any preliminaries and at any suitable time or place."

The opinions of the two last quoted Grand Lodges embody the general sentiment of the Craft on this subject.[The existence of this prerogative is denied by the Grand Lodges of Missouri, Tennessee, Louisiana and Massachusetts, while it is admitted by those of New York, Kentucky, North Carolina, South Carolina, Wisconsin, Vermont, Mississippi, Ohio, New Hampshire, Maryland, Indiana, Texas and Florida; in the last two, however, subject to limitation. ]

But although the prerogative is thus almost universally ceded to Grand Masters, there are many very reasonable doubts as to the expediency of its exercise, except under extraordinary circumstances of emergency.

In England, the practice has generally been confined to the making of Princes of the Royal Family, who, for reasons of state, were unwilling to reduce themselves to the level of ordinary candidates and receive their initiation publicly in a subordinate lodge.

But in the exercise of this prerogative, the Grand Master cannot dispense with any of the requisite forms of initiation, prescribed by the oral laws of the Order. He cannot communicate the degrees, but must adhere to all the established ceremonies—the conferring of degrees by "communication" being a form unknown to the York rite. He must be assisted by the number of Brethren necessary to open and hold a lodge. Due inquiry must be made into the candidate's character, (though the Grand Master may, as in a case of emergency, dispense with the usual probation of a month). He cannot interfere with the business of a regular lodge, by making one whom it had rejected, nor finishing one which it had commenced. Nor can he confer the three degrees, at one and the same communication. In short, he must, in making Masons at sight, conform to the ancient usages and landmarks of the Order.

Section II.

The Deputy Grand Master.

The office of Deputy Grand Master is one of great dignity, but not of much practical importance, except in case of the absence of the Grand Master, when he assumes all the prerogatives of that officer. Neither is the office, comparatively speaking, of a very ancient date. At the first reorganization of the Grand Lodge in 1717and for two or three years afterwards, no Deputy was appointed and it was not until 1721 that the Duke of Montagu conferred the dignity on Dr. Beal. Originally the Deputy was intended to relieve the Grand Master of all the burden and pressure of business and the 36th of the Regulations, adopted in 1721, states that "a Deputy is said to have been always needful when the Grand Master was nobly born," because it was considered as a derogation from the dignity of a nobleman to enter upon the ordinary business of the craft. Hence we find, among the General Regulations, one which sets forth this principle in the following words: "The Grand Master should not receive any private intimations of business, concerning Masons and Masonry, but from his Deputy first, except in such cases as his worship can easily judge of; and if the application to the Grand Master be irregular, his worship can order the Grand Wardens, or any other so applying, to wait upon the Deputy, who is immediately to prepare the business and to lay it orderly before his worship."

The Deputy Grand Master exercises, in the absence of the Grand Master, all the prerogatives and performs all the duties of that officer. But he does so, not by virtue of any new office that he has acquired by such absence, but simply in the name of and as the representative of the Grand Master, from whom alone he derives all his authority. Such is the doctrine sustained in all the precedents recorded in the Book of Constitutions.

In the presence of the Grand Master, the office of Deputy is merely one of honour, without the necessity of performing any duties and without the power of exercising any prerogatives.

There cannot be more than one Deputy Grand Master in a jurisdiction; so that the appointment of a greater number, as is the case in some of the States, is a manifest innovation on the ancient usages. District Deputy Grand Masters, which officers are also a modern invention of this country, seem to take the place in some degree of the Provincial Grand Masters of England, but they are not invested with the same prerogatives. The office is one of local origin and its powers and duties are prescribed by the local regulations of the Grand Lodge which may have established it.

Section III.

Of the Grand Wardens.

The Senior and Junior Grand Wardens were originally appointed, like the Deputy, by the Grand Master and are still so appointed in England; but in this country they are universally elected by the Grand Lodge. Their duties do not materially differ from those performed by the corresponding officers in a subordinate lodge. They accompany the Grand Master in his visitations and assume the stations of the Wardens of the lodge visited.

According to the regulations of 1721, the Master of the oldest lodge present was directed to take the chair of the Grand Lodge in the absence of both the Grand Master and Deputy; but this was found to be an interference with the rights of the Grand Wardens and it was therefore subsequently declared that, in the absence of the Grand Master and Deputy, the last former Grand Master or Deputy should preside. But if no Past Grand or Past Deputy Grand Master should be present, then the Senior Grand Warden was to fill the chair and, in his absence, the Junior Grand Warden and lastly, in absence of both these, then the oldest Freemason, [That is, the one who has longest been a Freemason. ] who is the present Master of a lodge. In this country, however, most of the Grand Lodges have altered this regulation and the Wardens succeed according to seniority to the chair of the absent Grand Master and Deputy, in preference to any Past Grand Officer.

Section IV.

Of the Grand Treasurer.

The office of Grand Treasurer was first established in 1724, in consequence of a report of the Committee of Charity of the Grand Lodge of England. But no one was found to hold the trust until the 24th of June, 1727, when, at the request of the Grand Master, the appointment was accepted by Nathaniel Blackerby, Deputy Grand Master. The duties of the office do not at all differ from those of a corresponding one in every other society; but as the trust is an important one in a pecuniary view, it has generally been deemed prudent that it should only be committed to "a brother of good worldly substance," whose ample means would place him beyond the chances of temptation.

The office of Grand Treasurer has this peculiarity, that while all the other officers below the Grand Master were originally and still are in England, appointed, that alone was always elective.

Section V.

Of the Grand Secretary.

This is one of the most important offices in the Grand Lodge and should always be occupied by a Brother of intelligence and education, whose abilities may reflect honor on the institution of which he is the accredited public organ. The office was established in the year 1723, during the Grand Mastership of the Duke of Wharton, previous to which time the duties appear to have been discharged by the Grand Wardens.

The Grand Secretary not only records the proceedings of the Grand Lodge, but conducts its correspondence and is the medium through whom all applications on Masonic subjects are to be made to the Grand Master, or the Grand Lodge.

According to the regulations of the Grand Lodges of England, New York and South Carolina, the Grand Secretary may appoint an assistant, who is not, however, by virtue of such appointment, a member of the Grand Lodge. The same privilege is also extended in South Carolina to the Grand Treasurer.

Section VI.

Of the Grand Chaplain.

This is the last of the Grand Offices that was established, having been instituted on the 1st of May, in the year 1775. The duties are confined to the reading of prayers and other sacred portions of the ritual, in consecrations, dedications, funeral services, etc. The office confers no Masonic authority at all, except that of a seat and a vote in the Grand Lodge.

Section VII.

Of the Grand Deacons.

But little need be said of the Grand Deacons. Their duties correspond to those of the same officers in subordinate lodges. The office of the Deacons, even in a subordinate lodge, is of comparatively modern institution. Dr. Oliver remarks that they are not mentioned in any of the early Constitutions of Masonry, nor even so late as 1797, when Stephen Jones wrote his "Masonic Miscellanies," and he thinks it "satisfactorily proved that Deacons were not considered necessary, in working the business of a lodge, before the very latter end of the eighteenth century" [Book of the Lodge, p. 115 (U.M.L., vol. i., book 2, p. 78). ]

But although the Deacons are not mentioned in the various works published previous to that period, which are quoted by Dr. Oliver, it is nevertheless certain that the office existed at a time much earlier than that which he supposes. In a work in my possession and which is now lying before me, entitled "Every Young Man's Companion, etc., by W. Gordon, Teacher of the Mathematics," sixth edition printed at London, in 1777, there is a section, extending from page 413 to page 426, which is dedicated to the subject of Freemasonry and to a description of the working of a subordinate lodge. Here the Senior and Junior Deacons are enumerated among the officers, their exact positions described and their duties detailed, differing in no respect from the explanations of our own ritual at the present day. The positive testimony of this book must of course outweigh the negative testimony of the authorities quoted by Oliver and shows the existence in England of Deacons in the year 1777 at least.

It is also certain that the office of Deacon claims an earlier origin in America than the "very latter end of the eighteenth century;" and, as an evidence of this, it may be stated that, in the "Ahiman Rezon" of Pennsylvania, published in 1783, the Grand Deacons are named among the officers of the Grand Lodge, "as particular assistants to the Grand Master and Senior Warden, in conducting the business of the Lodge." They are to be found in all Grand Lodges of the York Rite and are usually appointed, the Senior by the Grand Master and the Junior by the Senior Grand Warden.

Section VIII.

Of the Grand Marshal.

The Grand Marshal, as an officer of convenience, existed from an early period. We find him mentioned in the procession of the Grand Lodge, made in 1731, where he is described as carrying "a truncheon, blue, tipped with gold," insignia which he still retains. He takes no part in the usual work of the Lodge; but his duties are confined to the proclamation of the Grand Officers at their installation and to the arrangement and superintendence of public processions.

The Grand Marshal is usually appointed by the Grand Master.

Section IX.

Of the Grand Stewards.

The first mention that is made of Stewards is in the Old Regulations, adopted in 1721. Previous to that time, the arrangements of the Grand Feast were placed in the hands of the Grand Wardens; and it was to relieve them of this labor that the regulation was adopted, authorizing the Grand Master, or his Deputy, to appoint a certain number of Stewards, who were to act in concert with the Grand Wardens. In 1728, it was ordered that the number of Stewards to be appointed should be twelve. In 1731, a regulation was adopted, permitting the Grand Stewards to appoint their successors. And, in 1735, the Grand Lodge ordered, that, "in consideration of their past service and future usefulness," they should be constituted a Lodge of Masters, to be called the Stewards' Lodge, which should have a registry in the Grand Lodge list and exercise the privilege of sending twelve representatives. This was the origin of that body now known in the Constitutions of the Grand Lodges of England and New York, [ It was abolished in New York in 1854.] as the Grand Stewards' Lodge, although it has been very extensively modified in its organization. In New York, it is now no more than a Standing Committee of the Grand Lodge; and in England, although it is regularly constituted, as a Lodge of Master Masons, it is by a special regulation deprived of all power of entering, passing, or raising Masons. In other jurisdictions, the office of Grand Stewards is still preserved, but their functions are confined to their original purpose of preparing and superintending the Grand Feast.

The appointment of the Grand Stewards should be most appropriately vested in the Junior Grand Warden.

Section X.

Of the Grand Sword-Bearer.

Grand Sword-Bearer.—It was an ancient feudal custom, that all great dignitaries should have a sword of state borne before them, as the insignia of their dignity. This usage has to this day been preserved in the Masonic Institution and the Grand Master's sword of state is still borne in all public processions by an officer specially appointed for that purpose. Some years after the reorganization of the Grand Lodge of England, the sword was borne by the Master of the Lodge to which it belonged; but, in 1730, the Duke of Norfolk, being then Grand Master, presented to the Grand Lodge the sword of Gustavus Adolphus, King of Sweden, which had afterwards been used in war by Bernard, Duke of Saxe Weimar and which the Grand Master directed should thereafter be adopted as his sword of state. In consequence of this donation, the office of Grand Sword-Bearer was instituted in the following year. The office is still retained; but some Grand Lodges have changed the name to that of Grand Pursuivant.

Section XI.

Of the Grand Tiler.

It is evident from the Constitutions of Masonry, as well as from the peculiar character of the institution, that the office of Grand Tiler must have existed from the very first organization of a Grand Lodge. As, from the nature of the duties that he has to perform, the Grand Tiler is necessarily excluded from partaking of the discussions, or witnessing the proceedings of the Grand Lodge, it has very generally been determined, from a principle of expediency, that he shall not be a member of the Grand Lodge during the term of his office.

The Grand Tiler is sometimes elected by the Grand Lodge and sometimes appointed by the Grand Master.

Chapter V.

Of the Powers and Prerogatives of a Grand Lodge.

Section I. General View.

The necessary and usual officers of a Grand Lodge having been described, the rights, powers and prerogatives of such a body is the next subject of our inquiry.

The foundation-stone, upon which the whole superstructure of masonic authority in the Grand Lodge is built, is to be found in that conditional clause annexed to the thirty-eight articles, adopted in 1721 by the Masons of England and which is in these words: "Every annual Grand Lodge has an inherent power and authority to make new regulations, or to alter these for the real benefit of this ancient fraternity; PROVIDED ALWAYS THAT THE OLD LANDMARKS BE CAREFULLY PRESERVED; and that such alterations and new regulations be proposed and agreed to at the third quarterly communication preceding the annual Grand Feast; and that they be offered also to the perusal of all the Brethren before dinner, in writing, even of the youngest Entered Apprentice: the approbation and consent of the majority of all the Brethren present being absolutely necessary, to make the same binding and obligatory."

The expression which is put in capitals—"provided always that the old landmarks be carefully preserved"—is the limiting clause which must be steadily borne in mind, whenever we attempt to enumerate the powers of a Grand Lodge. It must never be forgotten (in the words of another regulation, adopted in 1723 and incorporated in the ritual of installation), that "it is not in the power of any man, or body of men, to make any alteration or innovation in the body of Masonry."

"With these views to limit us, the powers of a Grand Lodge may be enumerated in the language which has been adopted in the modern constitutions of England and which seem to us, after a careful comparison, to be as comprehensive and correct as any that we have been able to examine. This enumeration is in the following language:

"In the Grand Lodge, alone, resides the power of enacting laws and regulations for the permanent government of the craft and of altering, repealing and abrogating them, always taking care that the ancient landmarks of the order are preserved. The Grand Lodge has also the inherent power of investigating, regulating and deciding all matters relative to the craft, or to particular lodges, or to individual Brothers, which it may exercise either of itself, or by such delegated authority, as in its wisdom and discretion it may appoint; but in the Grand Lodge alone resides the power of erasing lodges and expelling Brethren from the craft, a power which it ought not to delegate to any subordinate authority in England."

In this enumeration we discover the existence of three distinct classes of powers:—1, a legislative power; 2, a judicial power; and 3, an executive power. Each of these will occupy a separate section.

Section II.

Of the Legislative Power of a Grand Lodge.

In the passage already quoted from the Constitutions of the Grand Lodge of England it is said, "in the Grand Lodge, alone, resides the power of enacting laws and regulations for the government of the craft and of altering, repealing and abrogating them." General regulations for the government of the whole craft throughout the world can no longer be enacted by a Grand Lodge. The multiplication of these bodies, since the year 1717, has so divided the supremacy that no regulation now enacted can have the force and authority of those adopted by the Grand Lodge of England in 1721 and which now constitute a part of the fundamental law of Masonry and as such are unchangeable by any modern Grand Lodge.

Any Grand Lodge may, however, enact local laws for the direction of its own special affairs and has also the prerogative of enacting the regulations which are to govern all its subordinates and the craft generally in its own jurisdiction. From this legislative power, which belongs exclusively to the Grand Lodge, it follows that no subordinate lodge can make any new bye-laws, nor alter its old ones, without the approval and confirmation of the Grand Lodge. Hence, the rules and regulations of every lodge are inoperative until they are submitted to and approved by the Grand Lodge. The confirmation of that body is the enacting clause; and, therefore, strictly speaking, it may be said that the subordinates only propose the bye-laws and the Grand Lodge enacts them.

Section III.

Of the Judicial Power of a Grand Lodge.

The passage already quoted from the English Constitutions continues to say, that "the Grand Lodge has the inherent power of investigating, regulating and deciding all matters relative to the craft, or to particular lodges, or to individual Brothers, which it may exercise, either of itself, or by such delegated authority as in its wisdom and discretion it may appoint." Under the first clause of this section, the Grand Lodge is constituted as the Supreme Masonic Tribunal of its jurisdiction. But as it would be impossible for that body to investigate every masonic offense that occurs within its territorial limits, with that full and considerate attention that the principles of justice require, it has, under the latter clause of the section, delegated this duty, in general, to the subordinate lodges, who are to act as its committees and to report the results of their inquiry for its final disposition. From this course of action has risen the erroneous opinion of some persons, that the jurisdiction of the Grand Lodge is only appellate in its character. Such is not the case. The Grand Lodge possesses an original jurisdiction over all causes occurring within its limits. It is only for expediency that it remits the examination of the merits of any case to a subordinate lodge as a quasi committee. It may, if it thinks proper, commence the investigation of any matter concerning either a lodge, or an individual brother within its own bosom and whenever an appeal from the decision of a lodge is made, which, in reality, is only a dissent from the report of the lodge, the Grand Lodge does actually recommence the investigation de novo and, taking the matter out of the lodge, to whom by its general usage it had been primarily referred, it places it in the hands of another committee of its own body for a new report. The course of action is, it is true, similar to that in law, of an appeal from an inferior to a superior tribunal. But the principle is different. The Grand Lodge simply confirms or rejects the report that has been made to it and it may do that without any appeal having been entered. It may, in fact, dispense with the necessity of an investigation by and report from a subordinate lodge altogether and undertake the trial itself from the very inception. But this, though a constitutional, is an unusual course. The subordinate lodge is the instrument which the Grand Lodge employs in considering the investigation. It may or it may not make use of the instrument, as it pleases.

[Bro.Dr.Albert Gallatin Mackey. M.D., the distinguished Author, graduated from the Medical College in Charleston in South Carolina and took the M.D, degree. He was initiated in St.Andrews Lodge (No.10), which later affiliated with Solomon’s Lodge (No.1), of which he was installed as the W.M in 1842. The same year he joined the South Carolina Encampment (No.1) of which he was installed as the Commander in 1844.On joining the Scottish Rite, he was crowned as the Sovereign Grand Inspector General and later he assumed the post of Secretary General of the Ancient and Accepted Scottisn Rite of the Southern Jurisdiction and functioned as such till he died in 1881. Bro.A.G.Mackey was an eminent scholar. He had held many senior posts in the Grand Lodge, including the posts of the Grand Lecturer. He was the Grand Secretary of The Grand Lodge of South Carolina, from 1844 to 1867. His famous publications include, "The Lexicon of Freemasonry," "The Mystic Tie," "Legends and Traditions of Freemasonry" ,“The History of Freemasonry” and “The Encyclopedia of Freemasonry”, about which the eminent Masonic writer and Historian Bro.R.F.Gould has observed that, “ Dr.Mackey, whose admirable Encyclopedia seems to contain the substance of everything of a Masonic character that had yet been published”, then. The remaining parts of the Principles of Masonic Law and the other books authored by him will be posted shortly.]


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