Footnotes
1. 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. Found in Ol. Preston, n. 3 (p. 162. U.M.L., vol. iii., p. 134).
3. 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 fac simile 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, 1755, and 1767, and have sometimes collated them together.
4. 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.
5. Preston, book iv., sec, 2., p. 132, n. (U.M.L.,vol. iii., p. 109).
6. General Regulations, art. xxxix.
7. 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.
8. 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.
9. Preston, p. 131, n., Oliver's Edit. (U.M.L., vol. iii.,p. 109).
10. 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.
11. Article xxxiv.
12. His most important prerogatives are inherent or derived from ancient usage.
13. Proceedings G.L. Maryland, 1849, p. 25.
14. Art. xxxix.
15. The word "time" has been interpreted to mean communication.
16. 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.
17. What further concerns a lodge under dispensation is referred to a special chapter in a subsequent part of the work.
18. 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.
19. Book of Constitutions, edit. 1767, p. 222.
20. Book of Const., p. 233.
21. Book of Const., p. 313.
22. Book of Constitutions, p. 319.
23. Preston, p. 237, ed. 1802, (U.M.L., vol. iii., p. 223).
24. Book of Constitutions, p. 247
25. 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.
26. That is, the one who has longest been a Freemason.
27. Book of the Lodge, p. 115 (U.M.L., vol. i., book 2, p. 78).
28. It was abolished in New York in 1854.
29. This is a small chest or coffer, representing the ark of the covenant, and containing the three great lights of Masonry.
30. "What man is there that hath a new house and hath not dedicated it? Let him go and return to his house, lest he die in the battle and another man dedicate it." Deut. xx. 5.
31. De Syned. Vet. Ebræor., 1. iii., c. xiv., § 1.
32. Cicero, Brut. i.
33. See such a form of Dispensation in Cole's Masonic Library, p. 91.
34. Preston, Append., n. 4 (U.M.L., vol. iii., pp. 150, 151).
35. Book of Constitutions, orig. ed, p., 70 (U.M.L., vol. xv., book 1, p. 70).
36. General Regulations of 1722. A subsequent regulation permitted the election of a candidate, if there were not more than three black balls against him, provided the lodge desired such a relaxation of the rule. The lodges of this country, however, very generally, and, as I think, with propriety, require unanimity. The subject will be hereafter discussed.
37. Every lodge shall annually elect its Master and Treasurer by ballot. Such Master having been regularly appointed and having served as Warden of a warranted lodge for one year. Constitutions of the Ancient Fraternity of Free and Accepted Masons, published by authority of the United Grand Lodge of England, 1847, p. 58 (U.M.L., vol. ix., book 1).
38. The Wardens, or officers, of a lodge cannot be removed, unless for a cause which appears to the lodge to be sufficient; but the Master, if he be dissatisfied with the conduct of any of his officers, may lay the cause of complaint before the lodge; and, if it shall appear to the majority of the Brethren present that the complaint be well founded, he shall have power to displace such officer, and to nominate another. English Constitutions, as above, p. 80 (U.M.L., vol. ix., book 1).
39. It is not necessary that he should be a Past Master of the lodge.
40. No master shall assume the Master's chair, until he shall have been regularly installed, though he may in the interim rule the lodge. English Constitutions (U.M.L., vol. ix., book 1).
41. Every Warranted Lodge is a constituent part of the Grand Lodge, in which assembly all the power of the fraternity resides. English Constitutions, p. 70 (U.M.L., vol. ix., book 1).
42. We shall not here discuss the question whether Past Masters are members of the Grand Lodge, by inherent right, as that subject will be more appropriately investigated when we come to speak of the Law of Grand Lodges, in a future chapter. They are, however clearly, not the representatives of their lodge.
43. Preston, p. 167 (U.M.L., vol. iii., p. 151).
44. General Regulations. Of the duty of members, Art. X, (U.M.L., vol. xv., book 1, p. 61).
45. English Constitutions, p. 59 (U.M.L., vol. ix., book 1).
46. In selecting the name, the modern Constitutions of England make the approbation of the Grand Master or Provincial Grand Master necessary.
47. Such is the doctrine of the modern English Constitutions.
48. "No Brother can be a Warden until he has passed the part of a Fellow Craft; nor a Master until he has acted as a Warden."—Old Charges, IV. (U.M.L., vol. xv., book 1, p. 52).
49. Regulations on Installation of a Master, No. III. Preston, p. 74 (U.M.L., vol. iii., p. 61).
50. Hats. quoted in Jefferson, p. 14.
51. One of the ancient charges, which Preston tells us that it was the constant practice of our Ancient Brethren to rehearse at the opening and closing of the lodge, seems to refer to this rule, when it says, "the Master, Wardens, and Brethren are just and faithful, and carefully finish the work they begin."—Oliver's Preston, p. 27, note (U.M.L., vol. iii., p. 22).
52. Proceedings of G.L. of Tennessee, 1850. Appendix A, p. 8.
53. Book of Constitutions, edition of 1755, p. 282.
54. If it is an extra communication, this item of the transaction is, of course, omitted, for minutes are only to be confirmed at regular communications.
55. Oliver's Preston, p. 163, note (U.M.L., vol. iii., p. 135).
56. Such is the provision in the modern constitutions of England, but the 4th of the 39 Regulations required the candidate to be at least twenty-five.
57. See these regulations in Preston, p. 162, Oliver's ed. (U.M.L., vol. iii., p. 135).
58. Oliver's Preston, p. 72, (U.M.L., vol. iii., p. 59).
59. Blackstone, Com. I., Introd., § 2.
60. In an able report on this subject, in the proceedings of the Grand Lodge of Georgia for 1852. In accordance with the views there expressed, Bro. Rockwell decided officially, as District Deputy Grand Master, in 1851, that a man who had lost one eye was not admissible.
61. Potter, 184.
62. Page 18. In December, 1851, the Committee of Correspondence of North Carolina, unregardful of the rigid rule of their predecessors, decided that maimed candidates might be initiated, "provided their loss or infirmity will not prevent them from making full proficiency in Masonry."
63. Proceedings of the G.L. of Mo. for 1823, p. 5. The report and resolution were on the petitions of two candidates to be initiated, one with only one arm, and the other much deformed in his legs.
64. When the spirit of expediency once begins, we know not where it will stop. Thus a blind man has been initiated in Mississippi, and a one-armed one in Kentucky; and in France a few years since, the degrees were conferred by sign-language on a deaf mute!
65. Namely, the incorrectly presumed operative origin of the Order. The whole of this report, which is from the venerable Giles F. Yates, contains an able and unanswerable defense of the ancient law in opposition to any qualification.
66. See proceedings of New York, 1848, pp. 36, 37.
67. Such is the formula prescribed by the Constitutions of England as well as all the Monitors in this country.
68. See Mackey's Lexicon of Freemasonry, 3d Edit., art, Ballot.
69. Book of Constitutions. Edit. 1755, p. 312.
70. See Mackey's Lexicon of Freemasonry, 3d Edit., art. Ballot
71. Except when there is but one black ball, in which case the matter lies over until the next stated meeting. See preceding Section.
72. Masonry founded on Scripture, a Sermon preached in 1752, by the Rev. W. Williams.
73. That is, advance him, from the subordinate position of a serving man or Apprentice, to that of a Fellow Craft or journeyman.
74. This is also the regulation of the Grand Lodge of South Carolina.
75. Proceedings of Grand Lodge of New York, for 1845. He excepts, of course, from the operation of the rule, those made by dispensation; but this exception does not affect the strength of the principle.
76. Preston, edition of Oliver, p. 12 (U.M.L., vol. iii., p. 10).
77. Transactions of the G.L. of New York, anno 1848, p. 73.
78. Edition of 1723, page 71 (U.M.L., vol. xv., book 1, p. 71).
79. Preston, p. 48 (U.M.L., vol, iii., p. 40).
80. Const. New York, 1854, p. 13. The Constitutions of the Grand Lodge of England (p. 64) have a similar provision; but they require the Brother to express his wish for membership on the day of his initiation.
81. Preston, Oliver's Ed., p. 71, note (U.L.M., vol. iii., p. 60).
82. See Oliver, note in Preston, p. 75 (U.M.L., vol. iii, p. 61).
83. Oliver's Preston, p. 162 (U.M.L., vol. iii., p. 135.)
84. See Anderson's Const., 3d Edit., 1755, page 303.
85. Preston, Oliver's Edit., p. 89 (U.M.L., vol. iii., p. 72).
86. Preston, Oliver's Edit" p. 90 (U.M.L., vol. iii., p. 73).
87. Book I., chap. iii.
88. Proceedings of Louisiana, an. 1852.
89. Preston, Oliver's Edit., p. 76 (U.M.L., vol. iii, p. 62).
90. Ibid
91. See Mackey's Lexicon of Freemasonry, in voce.
92. Constitutions, Second Edition of 1738, p. 154.
93. Proceedings for 1853.
94. Proceedings for 1847.
95. The right to visit is restricted to once, by many Grand Lodges to enable him to become acquainted with the character of the lodge before he applies for membership.
96. Blackstone, Introd., § i.
97. For so we should interpret the word "honeste."
98. I have treated this subject of expulsion so fully in my "Lexicon of Freemasonry," and find so little more to say on the subject, that I have not at all varied from the course of argument, and very little from the phraseology of the article in that work.
99. In England, ejection from a membership by a subordinate lodge is called "exclusion," and it does not deprive the party of his general rights as a member of the fraternity.
100. Lexicon of Freemasonry.
101. Phillips, on Evidence, p. 3.
102. Chief Baron Gilbert.