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 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 1st., 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.[1]
Public-domain text, read in full here on John Shaqi.
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