The Principles of Masonic Law A Treatise on the

Constitutional Laws, Usages And Landmarks of

Freemasonry

Albert G. Mackey

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The Principles of Masonic Law:

A Treatise on the Constitutional Laws, Usages And Landmarks of

Freemasonry,

By

Albert G. Mackey, M.D.,

New York:

Jno. W. Leonard & Co., Masonic Publishers,

383 Broadway.

1856.

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.

To

Brother J.J.J. Gourgas,

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.

Table of Contents

Preface

Introduction

Book First. The Law of Grand Lodges.

Chapter I. Historical Sketch.

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 a Grand Lodge.

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

Book Second. Laws of Subordinate Lodges.

Chapter I. Of the Nature and Organization of Subordinate Lodges.

Chapter II. Of Lodges under Dispensation.

Chapter III. Of Lodges Working under a Warrant of Constitution.

Chapter IV. Of the Officers of a Subordinate Lodge.

Section I. Of the Officers in General.

Section II. Of the Worshipful Master.

Section IV. Of the Treasurer.

Section V. Of the Appointment of Committees.

Section VI. Of the Mode of Keeping the Minutes.

Book Third. The Law of Individuals.

Section II. Of the Physical Qualifications of Candidates.

Section III. Of the Intellectual Qualifications of Candidates.

Section IV. Of the Political Qualifications of Candidates.

Section V. Of the Petition of Candidates for Admission, and the

Action Thereon.

Section VI. Of Balloting for Candidates.

Section VII. Of the Reconsideration of the Ballot.

Section VIII. Of the Renewal of Applications by Rejected Candidates.

Section IX. Of the Necessary Probation and Due Proficiency of

Candidates before Advancement

Section X. Of Balloting for Candidates in each Degree.

Section V. Of the Right of Claiming Relief.

Section VI. Of the Right of Masonic Burial.

Chapter V. Of the Rights of Past Masters.

Chapter VI. Of Affiliation.

Chapter VII. Of Demitting.

Chapter VIII. Of Unaffiliated Masons.

Book Fourth. Of Masonic Crimes and Punishments.

Chapter I. Of What Are Masonic Crimes.

Chapter II. Of Masonic Punishments.

Section I. Of Censure.

Section II. Of Reprimand.

Section III. Of Exclusion from the Lodge.

Section IV. Of Definite Suspension.

Section V. Of Indefinite Suspension.

Section VI. Of Expulsion.

Chapter III. Of Masonic Trials.

Section II. Of the Evidence in Masonic Trials.

Preface.

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

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

in utter despair of extracting truth or information from so confused a

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

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

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."

that some clemency will be extended to the errors into which I may have

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

Introduction.

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

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.[1]

2. The regulations adopted at the General Assembly held in 1663, of which

the Earl of St. Albans was Grand Master.[2]

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

Constitutions, and to be found from p. 49 to p. 56 of that work.[3]

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

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

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 I.

Historical Sketch.

Grand Lodges under their present organization, are, in respect to the

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 superintendants,

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"[4]

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."[9] 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.[10]

The Grand Mastership is an elective office, the election being annual and

him by the whole craft. Uniform usage, as well as the explicit declaration

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.[12]

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

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

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."[14] 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

This will, in the present organization of many Grand Lodges, render it

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

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.

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,[16] 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

within three miles of each other.

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,

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

accept at his pleasure. This prerogative admits of no question, as it is

distinctly declared in the first of the 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

private Brother, and become subject, as all the others present, to the

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.

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

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.[19]

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,[20] 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.[21]

Again in 1767, John Salter, the Deputy, then acting as Grand Master,

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

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

constituted until the consent of the Grand Lodge had been first obtained,

"But this order, afterwards appearing," says the Book of

Constitutions,[24] "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?

is his calling together "an occasional lodge," and making, with the

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

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.[25] But although the prerogative

is thus almost universally ceded to Grand Masters, there are many very

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._

practical importance, except in case of the absence of the Grand Master,

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

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

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

interference with the rights of the Grand Wardens, and it was therefore

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.

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.

Lodge.

Section VII.

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."[27]

But although the Deacons are not mentioned in the various works published

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.

The Grand Marshal is usually appointed by the Grand Master.

Section IX.

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

Grand Lodge; the one bestows only a name, the other both a name and a

number; the one confers only the power of holding a lodge and making

Masons, the other not only confers these powers, but also those of

installation and of succession in office. From these differences in the

characters of the two documents, arise important differences in the powers

and privileges of a lodge under dispensation and of one that has been

regularly constituted. These differences shall hereafter be considered.

The warrant having been granted, there still remain certain forms and

ceremonies to be observed, before the lodge can take its place among the

legal and registered lodges of the jurisdiction in which it is situated.

These are its consecration, its dedication, its constitution, and the

installation of its officers. We shall not fully enter into a description

of these various ceremonies, because they are laid down at length in all

the Monitors, and are readily accessible to our readers. It will be

sufficient if we barely allude to their character.

The ceremony of constitution is so called, because by it the lodge becomes

constituted or established. Orthoepists define the verb to constitute, as

a lodge is to give it existence, character, and standing as such; and the

centre of the room and decently covered with a piece of white linen or

satin. Having taken the chair, he examines the records of the lodge and

the warrant of constitution; the officers who have been chosen are

presented before him, when he inquires of the Brethren if they continue

satisfied with the choice they have made. The ceremony of consecration is

then performed. The Lodge is uncovered; and corn, wine, and oil--the

be consecrated to the honor and glory of God.

This ceremony of consecration has been handed down from the remotest

antiquity. A consecrating--a separating from profane things, and making

holy or devoting to sacred purposes--was practiced by both the Jews and

the Pagans in relation to their temples, their altars, and all their

sacred utensils. The tabernacle, as soon as it was completed, was

consecrated to God by the unction of oil. Among the Pagan nations, the

consecration of their temples was often performed with the most sumptuous

offerings and ceremonies; but oil was, on all occasions, made use of as an

element of the consecration. The lodge is, therefore, consecrated to

greatest blessings which we receive from the bounty of Divine Providence.

They were annually offered by the ancients as the first fruits, in a

thank-offering for the gifts of the earth; and as representatives of "the

corn of nourishment, the wine of refreshment, and the oil of joy," they

symbolically instruct the Mason that to the Grand Master of the Universe

he is indebted for the "health, peace, and plenty" that he enjoys.

After the consecration of the lodge, follows its dedication. This is a

simple ceremony, and principally consists in the pronunciation of a

formula of words by which the lodge is declared to be dedicated to the

holy Saints John, followed by an invocation that "every Brother may revere

their character and imitate their virtues."

Masonic tradition tells us that our ancient Brethren dedicated their

lodges to King Solomon, because he was their first Most Excellent Grand

Master; but that modern Masons dedicate theirs to St. John the Baptist and

St. John the Evangelist, because they were two eminent patrons of Masonry.

A more appropriate selection of patrons to whom to dedicate the lodge,

could not easily have been made; since St. John the Baptist, by

he subjected his proselytes, and which was afterwards adopted in the

the temple; but they have no warranty for this in ancient usage, and it is

unfortunately not the only innovation on the ancient landmarks that that

Grand Lodge has lately permitted.

The ceremony of dedication, like that of consecration, finds its archetype

in the remotest antiquity. The Hebrews made no use of any new thing until

Deuteronomy.[30] The 30th Psalm is a song said to have been made by David

on the dedication of the altar which he erected on the threshing-floor of

Ornan the Jebusite, after the grievous plague which had nearly devastated

the kingdom. Solomon, it will be recollected, dedicated the temple with

solemn ceremonies, prayers, and thank-offerings. The ceremony of

dedication is, indeed, alluded to in various portions of the Scriptures.

Selden[31] says that among the Jews sacred things were both dedicated and

consecrated; but that profane things, such as private houses, etc., were

simply dedicated, without consecration. The same writer informs us that

the Pagans borrowed the custom of consecrating and dedicating their sacred

Masons. From this time forth, I empower you to meet as a regular lodge,

constituted in conformity to the rites of our Order, and the charges of

our ancient and honorable fraternity;--and may the Supreme Architect of

the Universe prosper, direct, and counsel you, in all your doings."

This ceremony places the lodge among the registered lodges of the

jurisdiction in which it is situated, and gives it a rank and standing and

permanent existence that it did not have before. In one word, it has, by

the consecration, dedication, and constitution, become what we technically

term "a just and legally constituted lodge," and, as such, is entitled to

certain rights and privileges, of which we shall hereafter speak. Still,

however, although the lodge has been thus fully and completely organized,

its officers have as yet no legal existence. To give them this, it is

necessary that they be inducted into their respective offices, and each

officer solemnly bound to the faithful performance of the duties he has

undertaken to discharge. This constitutes the ceremony of installation.

The Worshipful Master of the new lodge is required publicly to submit to

the ancient charges; and then all, except Past Masters, having retired, he

is invested with the Past Master's degree, and inducted into the oriental

paid to their new Master, after which the other officers are obligated to

investiture are now performed by the Grand Master. On the occasion of

subsequent installations, the retiring Master installs his successor; and

the latter installs his subordinate officers.

The ceremony of installation is derived from the ancient custom of

inauguration, of which we find repeated instances in the sacred as well as

succeeding High Priest was in like manner installed, before he was

considered competent to discharge the duties of his office. Among the

Romans, augurs, priests, kings, and, in the times of the republic, consuls

were always inaugurated or installed. And hence, Cicero, who was an augur,

speaking of Hortensius, says, "it was he who installed me as a member of

the college of augurs, so that I was bound by the constitution of the

order to respect and honour him as a parent."[32] The object and intention

of the ancient inauguration and the Masonic installation are precisely the

same, namely, that of setting apart and consecrating a person to the

duties of a certain office.

Preston, speaking of this ancient privilege, says: "A sufficient number of

Masons met together within a certain district, with the consent of the

sheriff or chief magistrate of the place, were empowered at this time to

make Masons and practice the rights of Masonry, without a warrant of

constitution." This privilege, Preston says, was inherent in them as

individuals, and continued to be enjoyed by the old lodges, which formed

the Grand Lodge in 1717, as long as they were in existence.

But on the 24th June, 1717, the Grand Lodge of England adopted the

following regulation: "That the privilege of assembling as Masons, which

had hitherto been 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."

This regulation has ever since continued in force, and it is the original

It is evident, from what has already been said, that there are two kinds

of lodges, each regular in itself, but each peculiar and distinct in its

character. There are lodges working under a dispensation, and lodges

chapter.

A lodge working under a dispensation is a merely temporary body,

originated for a special purpose, and is therefore possessed of very

circumscribed powers. The dispensation, or authority under which it acts,

expressly specifies that the persons to whom it is given are allowed to

congregate that they may "admit, enter, pass, and raise Freemasons;" no

other powers are conferred either by words or implication, and, indeed,

sometimes the dispensation states, that that congregation is to be "with

the sole intent and view, that the Brethren so congregated, admitted,

entered, and made, when they become a sufficient number, may be duly

With these views of the origin and character of lodges under dispensation,

we will be better prepared to understand the nature and extent of the

powers which they possess.

A lodge under dispensation can make no bye-laws. It is governed, during

its temporary existence, by the general Constitutions of the Order and the

rules and regulations of the Grand Lodge in whose jurisdiction it is

situated. In fact, as the bye-laws of no lodge are operative until they

are confirmed by the Grand Lodge, and as a lodge working under a

dispensation ceases to exist as such as soon as the Grand Lodge meets, it

is evident that it would be absurd to frame a code of laws which would

have no efficacy, for want of proper confirmation, and which, when the

time and opportunity for confirmation had arrived, would be needless, as

the society for which they were framed would then have no legal

existence--a new body (the warranted lodge) having taken its place.

A lodge under dispensation cannot elect officers. The Master and Wardens

are nominated by the Brethren, and, if this nomination is approved, they

are appointed by the Grand Master. In giving them permission to meet and

itself a setting aside of the law, and an exception to a general

time, appoint the deacons and tiler for the necessary working of the

lodge.

As there can be no election, neither can there be any installation, which,

of course, always presumes a previous election for a determinate period.

Besides, the installation of officers is a part of the ceremony of

A lodge under dispensation can elect no members. The Master and Wardens,

who are named in the dispensation, are, in point of fact, the only persons

recognized as constituting the lodge. To them is granted the privilege, as

proxies of the Grand Master, of making Masons; and for this purpose they

are authorized to congregate a sufficient number of Brethren to assist

them in the ceremonies. But neither the Master and Wardens, nor the

Brethren, thus congregated have received any power of electing members.

Nor are the persons made in a lodge under dispensation, to be considered

as members of the lodge; for, as has already been shown, they have none of

the rights and privileges which attach to membership--they can neither

Section I.

_Of the Powers and Rights of a Lodge._

In respect to the powers and privileges possessed by a lodge working under

a warrant of constitution, we may say, as a general principle, that

whatever it does possess is inherent in it--nothing has been delegated by

either the Grand Master or the Grand Lodge--but that all its rights and

powers are derived originally from the ancient regulations, made before

the existence of Grand Lodges, and that what it does not possess, are the

powers which were conceded by its predecessors to the Grand Lodge. This is

evident from the history of warrants of constitution, the authority under

which subordinate lodges act. The practice of applying by petition to the

Grand Master or the Grand Lodge, for a warrant to meet as a regular

lodge, commenced in the year 1718. Previous to that time, Freemasons were

whole fraternity, to meet as occasion might require, under the direction

should continue to be enjoyed by the four old lodges who formed the Grand

Lodge. And, still more effectually to secure the reserved rights of the

lodges, it was also solemnly determined, that while the Grand Lodge

possesses the inherent right of making new regulations for the good of the

fraternity, provided that the _old landmarks be carefully preserved_, yet

that these regulations, to be of force, must be proposed and agreed to at

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_."[35]

The corollary from all this is clear. All the rights, powers, and

privileges, not conceded, by express enactment of the fraternity, to the

Grand Lodge, have been reserved to themselves. Subordinate lodges are the

assemblies of the craft in their primary capacity, and the Grand Lodge is

the Supreme Masonic Tribunal, only because it consists of and is

constituted by a representation of these primary assemblies. And,

therefore, as every act of the Grand Lodge is an act of the whole

these reserved powers of the subordinate lodges.

A lodge has the right of selecting its own members, with which the Grand

Lodge cannot interfere. This is a right that the lodges have expressly

reserved to themselves, and the stipulation is inserted in the "general

regulations" in the following words:

"No man can be entered a Brother in any particular lodge, or admitted a

member thereof, without the unanimous consent of all the members of that

lodge then present, when the candidate is proposed, and when their consent

is formally asked by the Master. They are to give their consent in their

own prudent way, either virtually or in form, but with unanimity. Nor is

this inherent privilege subject to a dispensation, because the members of

a particular lodge are the best judges of it; and because, if a turbulent

member should be imposed upon them, it might spoil their harmony, or

hinder the freedom of their communication; or even break and disperse the

lodge, which ought to be avoided by all true and faithful."[36]

But although a lodge has the inherent right to require unanimity in the

of rigor.

Wardens refuse promotion, where the presiding Master will not permit

himself to be reelected, and where there is no Past Master who will

consent to take the office, then, and then only, can a member be elected

from the floor to preside over the lodge.

By the Constitutions of England, only the Master and Treasurer are elected

except by consent of the lodge;[38] but American usage gives the election

of all the officers, except the deacons, stewards, and, in some instances,

the tiler, to the lodge.

As a consequence of the right of election, every lodge has the power of

installing its officers, subject to the same regulations, in relation to

time and qualifications, as given in the case of elections.

The Master must be installed by a Past Master,[39] but after his own

installation he has the power to install the rest of the officers. The

ceremony of installation is not a mere vain and idle one, but is

Every lodge that has been duly constituted, and its officers installed, is

entitled to be represented in the Grand Lodge, and to form, indeed, a

constituent part of that body.[41] The representatives of a lodge are its

Master and two Wardens.[42] This character of representation was

established in 1718, when the four old lodges, which organized the Grand

Lodge of England, agreed "to extend their patronage to every lodge which

should hereafter be constituted by the Grand Lodge, according to the new

regulations of the society; and while such lodges acted in conformity to

the ancient constitutions of the Order, to admit their Masters and Wardens

to share with them all the privileges of the Grand Lodge, excepting

precedence of rank."[43] Formerly all Master Masons were permitted to sit

in the Grand Lodge, or, as it was then called, the General Assembly, and

represent their lodge; and therefore this restricting the representation

to the three superior officers was, in fact, a concession of the craft.

This regulation is still generally observed; but I regret to see a few

Grand Lodges in this country innovating on the usage, and still further

confining the representation to the Masters alone.

The Master and Wardens are not merely in name the representatives of the

truly to represent their lodge, and vote according to its instructions.

provided they are not contrary to, nor inconsistent with, the general

regulations of the Grand Lodge; nor the landmarks of the order.[45] But

these bye-laws will not be valid, until they are submitted to and approved

by the Grand Lodge. And this is the case, also, with every subsequent

alteration of them, which must in like manner be submitted to the Grand

Lodge for its approval.

membership in the lodge; but it has no power to expel him from the rights

and privileges of Masonry, except with the consent of the Grand Lodge. A

subordinate lodge tries its delinquent member, and, if guilty, declares

him expelled; but the sentence is of no force until the Grand Lodge, under

whose jurisdiction it is working, has confirmed it. And it is optional

with the Grand Lodge to do so, or, as is frequently done, to reverse the

decision and reinstate the Brother. Some of the lodges in this country

claim the right to expel, independently of the action of the Grand Lodge;

but the claim is not valid. The very fact that an expulsion is a penalty,

affecting the general relations of the punished party with the whole

fraternity, proves that its exercise never could, with propriety, be

then may join any other lodge that will accept him, after being made

acquainted with the fact of his exclusion, and its cause. This usage has

not been adopted in this country.

A lodge has a right to levy such annual contribution for membership as the

majority of the Brethren see fit. This is entirely a matter of contract,

with which the Grand Lodge, or the craft in general, have nothing to do.

It is, indeed, a modern usage, unknown to the fraternity of former times,

and was instituted for the convenience and support of the private lodges.

A lodge is entitled to select a name for itself, to be, however, approved

by the Grand Lodge.[46] But the Grand Lodge alone has the power of

designating the number by which the lodge shall be distinguished. By its

number alone is every lodge recognized in the register of the Grand Lodge,

and according to their numbers is the precedence of the lodges regulated.

Finally, a lodge has certain rights in relation to its Warrant of

Constitution. This instrument having been granted by the Grand Lodge, can

be revoked by no other authority. The Grand Master, therefore, has no

its Warrant, except temporarily, until the next meeting of the Grand

forfeiture.

Section II.

So far in relation to the rights and privileges of subordinate lodges. But

there are certain duties and obligations equally binding upon these

bodies, and certain powers, in the exercise of which they are restricted.

These will next engage our attention.

The first great duty, not only of every lodge, but of every Mason, is to

see that the landmarks of the Order shall never be impaired. The General

Regulations of Masonry--to which every Master, at his installation, is

bound to acknowledge his submission--declare that "it is not in the power

of any man, or body of men, to make innovations in the body of Masonry."

know nothing of the duties they owe to the craft, or are willfully

forgetful of the solemn obligation which they have contracted. Some may

suppose that the ancient ritual of the Order is imperfect, and requires

amendment. One may think that the ceremonies are too simple, and wish to

increase them; another, that they are too complicated, and desire to

simplify them; one may be displeased with the antiquated language;

another, with the character of the traditions; a third, with something

else. But, the rule is imperative and absolute, that no change can or must

be made to gratify individual taste. As the Barons of England, once, with

unanimous voice, exclaimed, "Nolumus leges Angliæ mutare!" so do all good

Masons respond to every attempt at innovation, "We are unwilling to alter

the customs of Freemasonry."

In relation to the election of officers, a subordinate lodge is allowed to

exercise no discretion. The names and duties of these officers are

prescribed, partly by the landmarks or the ancient constitutions, and

partly by the regulations of various Grand Lodges. While the landmarks are

preserved, a Grand Lodge may add to the list of officers as it pleases;

and whatever may be its regulation, the subordinate lodges are bound to

without the consent of the Grand Lodge.

expunging or altering the proceedings of the previous regular meeting, or

any particular part of them, annul any measures or resolutions that were

not consonant with his peculiar views.

No lodge can interfere with the work or business of any other lodge,

without its permission. This is an old regulation, founded on those

James II., and in the possession of the Lodge of Antiquity, at London,

that "no Master or Fellow shall supplant others of their work; that is to

say, that, if he hath taken a work, or else stand Master of any work, that

he shall not put him out, unless he be unable of cunning to make an end of

his work." And, hence, no lodge can pass or raise a candidate who was

initiated, or initiate one who was rejected, in another lodge. "It would

be highly improper," says the Ahiman Rezon, "in any lodge, to confer a

degree on a Brother who is not of their house-hold; for, every lodge

ought to be competent to manage their own business, and are the best

judges of the qualifications of their own members."

that an election for a successor, to fill the unexpired term, may be held

by dispensation from the Grand Master. But the incompetency of either of

these officers to perform his duties, by reason of the infirmity of

sickness or removal from the seat of the lodge, will not, I think,

authorize such an election. Because the original officer may recover from

his infirmity, or return to his residence, and, in either case, having

been elected and installed for one year, he must remain the Secretary or

Treasurer until the expiration of the period for which he had been so

elected and installed, and, therefore, on his recovery or his return, is

entitled to resume all the prerogatives and functions of his office. The

case of death, or of expulsion, which is, in fact, masonic death, is

different, because all the rights possessed during life cease _ex

necessitate rei_, and forever lapse at the time of the said physical or

masonic death; and in the latter case, a restoration to all the rights and

privileges of Masonry would not restore the party to any office which he

had held at the time of his expulsion.

place.

The only question that here invites our examination is, whether the

Deacons, as appointed officers, are removable at the pleasure of the

officers who appointed them; or, whether they retain their offices, like

the Master and Wardens, until the expiration of the year. Masonic

officers of a lodge are chosen to serve for one year, or, from one

festival of St. John the Evangelist to the succeeding one. This has been

the invariable usage in all lodges, and neither in the monitorial

ceremonies of installation, nor in any rules or regulations which I have

seen, is any exception to this usage made in respect to Deacons. The

written as well as the oral law of Masonry being silent on this subject,

we are bound to give them the benefit of this silence, and place them in

the same favorable position as that occupied by the superior officers,

who, we know, by express law are entitled to occupy their stations for one

year. Moreover, the power of removal is too important to be exercised

except under the sanction of an expressed law, and is contrary to the

Section VII.

_Of the Stewards._

The Stewards, who are two in number, are appointed by the Junior Warden,

and sit on the right and left of him in the lodge. Their original duties

were, "to assist in the collection of dues and subscriptions; to keep an

account of the lodge expenses; to see that the tables are properly

furnished at refreshment, and that every Brother is suitably provided

for." They are also considered as the assistants of the Deacons in the

discharge of their duties, and, lately, some lodges are beginning to

confide to them the important trusts of a standing committee for the

examination of visitors and the preparation of candidates.

What has been said in relation to the removal of the Deacons in the

preceding section, is equally applicable to the Stewards.

Section VIII.

worthy Master Mason." An Entered Apprentice, or a Fellow Craft, cannot

tile a lodge, even though it be opened in his own degree. To none but

Master Masons can this important duty of guardianship be intrusted. The

Tiler is not necessarily a member of the lodge which he tiles. There is no

regulation requiring this qualification. In fact, in large cities, one

Brother often acts as the Tiler of several lodges. If, however, he is a

other important questions, he is entitled to exercise his privilege of

voting, in which case the Junior Deacon will temporarily occupy his

station, while he enters the lodge to deposit his ballot. This appears to

be the general usage of the craft in this country.

The Tiler is sometimes elected by the lodge, and sometimes appointed by

the Master. It seems generally to be admitted that he may be removed from

office for misconduct or neglect of duty, by the lodge, if he has been

elected, and by the Master, if he has been appointed.

society, some rules and forms for the government of their proceedings,

and, as has been justly observed by an able writer on parliamentary law,

"whether these forms be in all cases the most rational or not, is really

not of so great importance; for it is much more material that there should

be a rule to go by, than what that rule is."[50] By common consent, the

rules established for the government of Parliament in England, and of

Congress in the United States, and which are known collectively under the

name of "Parliamentary Law," have been adopted for the regulation of all

deliberative bodies, whether of a public or private nature. But lodges of

Freemasons differ so much in their organization and character from other

societies, that this law will, in very few cases, be found applicable;

and, indeed, in many positively inapplicable to them. The rules,

therefore, for the government of masonic lodges are in general to be

deduced from the usages of the Order, from traditional or written

authority, and where both of them are silent, from analogy to the

character of the institution. To each of these sources, therefore, I shall

apply, in the course of the present chapter, and in some few instances,

where the parliamentary law coincides with our own, reference will be made

to the authority of the best writers on that science.

sufficiently detailed in our ritual, will form no part of the present

work.

The lodge having been opened, the next thing to be attended to is the

reading of the minutes of the last communication. The minutes having been

read, the presiding officer will put the question on their confirmation,

It must be borne in mind, that the question of confirmation is simply a

question whether the Secretary has faithfully and correctly recorded the

transactions of the lodge. If, therefore, it can be satisfactorily shown

by any one that there is a mis-entry, or the omission of an entry, this is

the time to correct it; and where the matter is of sufficient importance,

and the recording officer, or any member disputes the charge of error, the

vote of the lodge will be taken on the subject, and the journal will be

amended or remain as written, according to the opinion so expressed by the

majority of the members. As this is, however, a mere question of memory,

it must be apparent that those members only who were present at the

previous communication, the records of which are under examination, are

take the preference of all other matters. Special communications being

called for the consideration of some special subject, that subject must of

course claim the priority of consideration over all others.

In like manner, where any business has been specially and specifically

postponed to another communication, it constitutes at that communication

what is called, in parliamentary law, "the order of the day," and may at

any time in the course of the evening be called up, to the exclusion of

all other business.

The lodge may, however, at its discretion, refuse to take up the

consideration of such order; for the same body which determined at one

time to consider a question, may at another time refuse to do so. This is

one of those instances in which parliamentary usage is applicable to the

government of a lodge. Jefferson says: "Where an order is made, that any

particular matter be taken up on any particular day, there a question is

to be put, when it is called for, Whether the house will now proceed to

that matter?" In a lodge, however, it is not the usage to propose such a

question, but the matter being called up, is discussed and acted on,

postponement is put.

Brother, but to the presiding officer, styling him "Worshipful."

When two or more members rise nearly together, the presiding officer

determines who is entitled to speak, and calls him by his name, whereupon

he proceeds, unless he voluntarily sits down, and gives way to the other.

The ordinary rules of courtesy, which should govern a masonic body above