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.
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.
Section IV.
_Of the Executive Power of a Grand Lodge._
The English Constitutions conclude, in the passage that has formed the
basis of our previous remarks, by asserting that "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." The power of the Grand Lodge to erase lodges is accompanied
with a coincident power of constituting new lodges. This power it
originally shared with the Grand Master, and still does in England; but in
this country the power of the Grand Lodge is paramount to that of the
Grand Master. The latter can only constitute lodges temporarily, by
dispensation, and his act must be confirmed, or may be annulled by the
Grand Lodge. It is not until a lodge has received its Warrant of
Constitution from the Grand Lodge, that it can assume the rank and
exercise the prerogatives of a regular and legal lodge.
The expelling power is one that is very properly intrusted to the Grand
Lodge, which is the only tribunal that should impose a penalty affecting
the relations of the punished party with the whole fraternity. Some of the
lodges in this country have claimed the right to expel independently of
the action of the Grand Lodge. But the claim is founded on an erroneous
assumption of powers that have never existed, and which are not recognized
by the ancient constitutions, nor the general usages of the fraternity. A
subordinate lodge tries its delinquent member, under the provisions which
have already been stated, and, according to the general usage of lodges in
the United States, declares him expelled. But the sentence is of no force
nor effect until it has been confirmed by the Grand Lodge, which may, or
may not, give the required confirmation, and which, indeed, often refuses
to do so, but actually reverses the sentence. It is apparent, from the
views already expressed on the judicial powers of the Grand Lodge, that
the sentence of expulsion uttered by the subordinate is to be taken in
the sense of a recommendatory report, and that it is the confirmation and
adoption of that report by the Grand Lodge that alone gives it vitality
and effect.
The expelling power presumes, of course, coincidently, the reinstating
power. As the Grand Lodge alone can expel, it also alone can reinstate.
Public-domain text, read in full here on John Shaqi.
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