The Principles of Masonic Law: A Treatise on the Constitutional Laws, Usages and Landmarks of FreemasonryMackey, Albert Gallatin
Religion
The Principles of Masonic Law: A Treatise on the Constitutional Laws, Usages and Landmarks of Freemasonry
Mackey, Albert Gallatin
Freemasons -- Legal status, laws, etc.
But we will be impressed with the inexpediency and injustice of this
principle, when we look at its operation from another point of view. It is
said to be a bad rule that will not work both ways; and, therefore, if the
testimony of non-masonic witnesses against the accused is rejected on the
ground of inadmissibility, it must also be rejected when given in his
favor. Now, if we suppose a case, in which a Mason was accused before his
lodge of having committed an offense, at a certain time and place, and, by
the testimony of one or two disinterested persons, he could establish what
the law calls an _alibi_, that is, that at that very time he was at a
far-distant place, and could not, therefore, have committed the offense
charged against him, we ask with what show of justice or reason could such
testimony be rejected, simply because the parties giving it were not
Masons? But if the evidence of a "profane" is admitted in favor of the
accused, rebutting testimony of the same kind cannot with consistency be
rejected; and hence the rule is determined that in the trial of Masons, it
is competent to receive the evidence of persons who are not Masons, but
whose competency, in other respects, is not denied.
It must, however, be noted, that the testimony of persons who are not
Masons is not to be given as that of Masons is, within the precincts of
the lodge. They are not to be present at the trial; and whatever testimony
they have to adduce, must be taken by a committee, to be afterwards
accurately reported to the lodge. But in all cases, the accused has a
right to be present, and to interrogate the witnesses.
The only remaining topic to be discussed is the method of taking the
testimony, and this can be easily disposed of.
The testimony of Masons is to be taken either in lodge or in committee,
and under the sanction of their obligations.
The testimony of profanes is always to be taken by a committee, and on
oath administered by a competent legal officer--the most convenient way of
taking such testimony is by affidavit.
Chapter IV.
Of the Penal Jurisdiction of a Lodge.
The penal jurisdiction of a lodge is that jurisdiction which it is
authorized to exercise for the trial of masonic offenses, and the
infliction of masonic punishment. It may be considered as either
geographical or personal.
The geographical jurisdiction of a lodge extends in every direction, half
way to the nearest lodge. Thus, if two lodges be situated at the distance
of sixteen miles from each other, then the penal jurisdiction of each will
extend for the space of eight miles in the direction of the other.
The personal jurisdiction of a lodge is that jurisdiction which a lodge
may exercise over certain individuals, respective or irrespective of
geographical jurisdiction. This jurisdiction is more complicated than the
other, and requires a more detailed enumeration of the classes over whom
it is to be exercised.
Public-domain text, read in full here on John Shaqi.
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