The Principles of Masonic Law

Chapter 11

In the Ahiman Rezon published by Laurence Dermott in 1764, and adopted for the government of the Grand Lodge of Ancient York Masons in England, and many of the Provincial Grand and subordinate lodges of America, the regulation is laid down that candidates must be "men of good report, free-born, of mature age, not deformed nor dismembered at the time of their making, and no woman or eunuch." It is true that at the present day this book possesses no legal authority among the craft; but I quote it, to show what was the interpretation given to the ancient law by a large portion, perhaps a majority, of the English and American Masons in the middle of the eighteenth century.

A similar interpretation seems at all times to have been given by the Grand Lodges of the United States, with the exception of some, who, within a few years past, have begun to adopt a more lat.i.tudinarian construction.

In Pennsylvania it was declared, in 1783, that candidates are not to be "deformed or dismembered at the time of their making."

In South Carolina the book of Const.i.tutions, first published in 1807, requires that "every person desiring admission must be upright in body, not deformed or dismembered at the time of making, but of hale and entire limbs, as a man ought to be."

In the "Ahiman Rezon and Masonic Ritual," published by order of the Grand Lodge of North Carolina and Tennessee, in the year 1805, candidates are required to be "hale and sound, not deformed or dismembered at the time of their making."[62]

Maryland, in 1826, sanctioned the Ahiman Rezon of Cole, which declares the law in precisely the words of South Carolina, already quoted.

In 1823, the Grand Lodge of Missouri unanimously adopted a report, which declared that all were to be refused admission who were not "sound in mind and _all their members_," and she adopted a resolution a.s.serting that "the Grand Lodge cannot grant a letter or dispensation to a subordinate lodge working under its jurisdiction, to initiate any person maimed, disabled, or wanting the qualifications establishing by ancient usage."[63]

But it is unnecessary to multiply instances. There never seems to have been any deviation from the principle that required absolute physical perfection, until, within a few years, the spirit of expediency[64] has induced some Grand Lodges to propose a modified construction of the law, and to admit those whose maims or deformities were not such as to prevent them from complying with the ceremonial of initiation. Still, a large number of the Grand Lodges have stood fast by the ancient landmark, and it is yet to be hoped that all will return to their first allegiance. The subject is an important one, and, therefore, a few of the more recent authorities, in behalf of the old law may with advantage be cited.

"We have examined carefully the arguments "pro and con," that have accompanied the proceedings of the several Grand Lodges, submitted to us, and the conviction has been forced upon our minds, even against our wills, that we depart from the ancient landmarks and usages of Masonry, whenever we admit an individual wanting in one of the human senses, or who is in any particular maimed or deformed."--_Committee of Correspondence G. Lodge of Georgia_, 1848, _page_ 36.

"The rationale of the law, excluding persons physically imperfect and deformed, lies deeper and is more ancient than the source ascribed to it.[65] It is grounded on a principle recognized in the earliest ages of the world; and will be found identical with that which obtained among the ancient Jews. In this respect the Levitical law was the same as the masonic, which would not allow any "to go in unto the vail" who had a blemish--a blind man, or a lame, or a man that was broken-footed, or broken-handed, or a dwarf, &c....

"The learned and studious Freemasonic antiquary can satisfactorily explain the metaphysics of this requisition in our Book of Const.i.tutions. For the true and faithful Brother it sufficeth to know that such a requisition exists. He will prize it the more because of its antiquity.... No man can in perfection be "made a Brother," no man can truly "learn our mysteries,"

and practice them, or "do the work of a Freemason," if he is not a _man_ with body free from maim, defect and deformity."--_Report of a Special Committee of the Grand Lodge of New York, in_ 1848.[66]

"The records of this Grand Lodge may be confidently appealed to, for proofs of her repeated refusal to permit maimed persons to be initiated, and not simply on the ground that ancient usage forbids it, but because the fundamental const.i.tution of the Order--the ancient charges--forbid it."--_Committee of Correspondence of New York, for 1848, p. 70._

"The lodges subordinate to this Grand Lodge are hereby required, in the initiation of applicants for Masonry, to adhere to the ancient law (as laid down in our printed books), which says he shall be of _entire limbs_"--_Resolution of the G.L. of Maryland, November, 1848._

"I received from the lodge at Ashley a pet.i.tion to initiate into our Order a gentleman of high respectability, who, unfortunately, has been maimed. I refused my a.s.sent.... I have also refused a similar request from the lodge of which I am a member. The fact that the most distinguished masonic body on earth has recently removed one of the landmarks, should teach _us_ to be careful how we touch those ancient boundaries."--_Address of the Grand Master of New Jersey in 1849._

"The Grand Lodge of Florida adopted such a provision in her const.i.tution, [the qualifying clause permitting the initiation of a maimed person, if his deformity was not such as to prevent his instruction], but more mature reflection, and more light reflected from our sister Grand Lodges, caused it to be stricken from our const.i.tution."--_Address of Gov. Tho.

Brown, Grand Master of Florida in_ 1849.

"As to the physical qualifications, the Ahiman Rezon leaves no doubt on the subject, but expressly declares, that every applicant for initiation must be a man, free-born, of lawful age, in the perfect enjoyment of his senses, hale, and sound, and not deformed or dismembered; this is one of the ancient landmarks of the Order, which it is in the power of no body of men to change. A man having but one arm, or one leg, or who is in anyway deprived of his due proportion of limbs and members, is as incapable of initiation as a woman."--_Encyclical Letter of the Grand Lodge of South Carolina to its subordinates in_ 1849.

Impressed, then, by the weight of these authorities, which it would be easy, but is unnecessary, to multiply--guided by a reference to the symbolic and speculative (not operative) reason of the law--and governed by the express words of the regulation of 1683--I am constrained to believe that the spirit as well as the letter of our ancient landmarks require that a candidate for admission should be perfect in all his parts, that is, neither redundant nor deficient, neither deformed nor dismembered, but of hale and entire limbs, as a man ought to be.

Section III.

_Of the Intellectual Qualifications of Candidates._

The Old Charges and Ancient Const.i.tutions are not as explicit in relation to the intellectual as to the moral and physical qualifications of candidates, and, therefore, in coming to a decision on this subject, we are compelled to draw our conclusions from a.n.a.logy, from common sense, and from the peculiar character of the inst.i.tution. The question that here suggests itself on this subject is, what particular amount of human learning is required as a const.i.tutional qualification for initiation?

During a careful examination of every ancient doc.u.ment to which I have had access, I have met with no positive enactment forbidding the admission of uneducated persons, even of those who can neither read nor write. The unwritten, as well as the written laws of the Order, require that the candidate shall be neither a _fool_ nor an _idiot_, but that he shall possess a discreet judgment, and be in the enjoyment of all the senses of a man. But one who is unable to subscribe his name, or to read it when written, might still very easily prove himself to be within the requirements of this regulation. The Const.i.tutions of England, formed since the union of the two Grand Lodges in 1813, are certainly explicit enough on this subject. They require even more than a bare knowledge of reading and writing, for, in describing the qualifications of a candidate, they say:

"He should be a lover of the liberal arts and sciences, and have made some progress in one or other of them; and he must, previous to his initiation, subscribe his name at full length, to a declaration of the following import," etc. And in a note to this regulation, it is said, "Any individual who cannot write is, consequently, ineligible to be admitted into the Order." If this authority were universal in its character, there would be no necessity for a further discussion of the subject. But the modern const.i.tutions of the Grand Lodge of England are only of force within its own jurisdiction, and we are therefore again compelled to resort to a mode of reasoning for the proper deduction of our conclusions on this subject.

It is undoubtedly true that in the early period of the world, when Freemasonry took its origin, the arts of reading and writing were not so generally disseminated among all cla.s.ses of the community as they now are, when the blessings of a common education can be readily and cheaply obtained. And it may, therefore, be supposed that among our ancient Brethren there were many who could neither read nor write. But after all, this is a mere a.s.sumption, which, although it may be based on probability, has no direct evidence for its support. And, on the other hand, we see throughout all our ancient regulations, that a marked distinction was made by our rulers between the Freemason and the Mason who was not free; as, for instance, in the conclusion of the fifth chapter of the Ancient Charges, where it is said: "No laborer shall be employed in the common work of Masonry, nor shall Freemasons work with those who are not free, without an urgent necessity." And this would seem to indicate a higher estimation by the fraternity of their own character, which might be derived from their greater attainments in knowledge. That in those days the ordinary operative masons could neither read nor write, is a fact established by history. But it does not follow that the Freemasons, who were a separate society of craftsmen, were in the same unhappy category; it is even probable, that the fact that they were not so, but that they were, in comparison with the unaccepted masons, educated men, may have been the reason of the distinction made between these two cla.s.ses of workmen.

But further, all the teachings of Freemasonry are delivered on the a.s.sumption that the recipients are men of some education, with the means of improving their minds and increasing their knowledge. Even the Entered Apprentice is reminded, by the rough and perfect ashlars, of the importance and necessity of a virtuous education, in fitting him for the discharge of his duties. To the Fellow Craft, the study of the liberal arts and sciences is earnestly recommended; and indeed, that sacred hieroglyphic, the knowledge of whose occult signification const.i.tutes the most solemn part of his instruction, presupposes an acquaintance at least with the art of reading. And the Master Mason is expressly told in the explanation of the forty-seventh problem of Euclid, as one of the symbols of the third degree, that it was introduced into Masonry to teach the Brethren the value of the arts and sciences, and that the Mason, like the discoverer of the problem, our ancient Brother Pythagoras, should be a diligent cultivator of learning. Our lectures, too, abound in allusions which none but a person of some cultivation of mind could understand or appreciate, and to address them, or any portion of our charges which refer to the improvement of the intellect and the augmentation of knowledge, to persons who can neither read nor write, would be, it seems to us, a mockery unworthy of the sacred character of our inst.i.tution.

From these facts and this method of reasoning, I deduce the conclusion that the framers of Masonry, in its present organization as a speculative inst.i.tution, must have intended to admit none into its fraternity whose minds had not received some preliminary cultivation, and I am, therefore, clearly of opinion, that a person who cannot read and write is not legally qualified for admission.

As to the inexpediency of receiving such candidates, there can be no question or doubt. If Masonry be, as its disciples claim for it, a scientific inst.i.tution, whose great object is to improve the understanding and to enlarge and adorn the mind, whose character cannot be appreciated, and whose lessons of symbolic wisdom cannot be acquired, without much studious application, how preposterous would it be to place, among its disciples, one who had lived to adult years, without having known the necessity or felt the ambition for a knowledge of the alphabet of his mother tongue? Such a man could make no advancement in the art of Masonry; and while he would confer no substantial advantage on the inst.i.tution, he would, by his manifest incapacity and ignorance, detract, in the eyes of strangers, from its honor and dignity as an intellectual society.

Idiots and madmen are excluded from admission into the Order, for the evident reason that the former from an absence, and the latter from a perversion of the intellectual faculties, are incapable of comprehending the objects, or of a.s.suming the responsibilities and obligations of the inst.i.tution.

A question here suggests itself whether a person of present sound mind, but who had formerly been deranged, can legally be initiated. The answer to this question turns on the fact of his having perfectly recovered. If the present sanity of the applicant is merely a lucid interval, which physicians know to be sometimes vouched to lunatics, with the absolute certainty, or at best, the strong probability, of an eventual return to a state of mental derangement, he is not, of course, qualified for initiation. But if there has been a real and durable recovery (of which a physician will be a competent judge), then there can be no possible objection to his admission, if otherwise eligible. We are not to look to what the candidate once was, but to what he now is.

Dotage, or the mental imbecility produced by excessive old age, is also a disqualification for admission. Distinguished as it is by puerile desires and pursuits, by a failure of the memory, a deficiency of the judgment, and a general obliteration of the mental powers, its external signs are easily appreciated, and furnish at once abundant reason why, like idiots and madmen, the superannuated dotard is unfit to be the recipient of our mystic instructions.

Section IV.

_Of the Political Qualifications of Candidates._

The Const.i.tutions of Masonry require, as the only qualification referring to the political condition of the candidate, or his position in society, that he shall be _free-born_. The slave, or even the man born in servitude--though he may, subsequently, have obtained his liberty--is excluded by the ancient regulations from initiation. The non-admission of a slave seems to have been founded upon the best of reasons; because, as Freemasonry involves a solemn contract, no one can legally bind himself to its performance who is not a free agent and the master of his own actions.

That the restriction is extended to those who were originally in a servile condition, but who may have since acquired their liberty, seems to depend on the principle that birth, in a servile condition, is accompanied by a degradation of mind and abas.e.m.e.nt of spirit, which no subsequent disenthralment can so completely efface as to render the party qualified to perform his duties, as a Mason, with that "freedom, fervency, and zeal," which are said to have distinguished our ancient Brethren.

"Children," says Oliver, "cannot inherit a free and n.o.ble spirit except they be born of a free woman."

The same usage existed in the spurious Freemasonry or the Mysteries of the ancient world. There, no slave, or men born in slavery, could be initiated; because, the prerequisites imperatively demanded that the candidate should not only be a man of irreproachable manners, but also a free-born denizen of the country in which the mysteries were celebrated.

Some masonic writers have thought that, in this regulation in relation to free birth, some allusion is intended, both in the Mysteries and in Freemasonry, to the relative conditions and characters of Isaac and Ishmael. The former--the accepted one, to whom the promise was given--was the son of a free woman, and the latter, who was cast forth to have "his hand against every man, and every man"s hand against him," was the child of a slave. Wherefore, we read that Sarah demanded of Abraham, "Cast out this bondwoman and her son; for the son of the bondwoman shall not be heir with my son." Dr. Oliver, in speaking of the grand festival with which Abraham celebrated the weaning of Isaac, says, that he "had not paid the same compliment at the weaning of Ishmael, because he was the son of a bondwoman, and, consequently, could not be admitted to partic.i.p.ate in the Freemasonry of his father, which could only be conferred on free men born of free women." The ancient Greeks were of the same opinion; for they used the word d????p?epe?a or, "slave manners," to designate any very great impropriety of manners.

The Grand Lodge of England extends this doctrine, that Masons should be free in all their thoughts and actions, so far, that it will not permit the initiation of a candidate who is only temporarily deprived of his liberty, or even in a place of confinement. In the year 1782, the Master of the Royal Military Lodge, at Woolwich, being confined, most probably for debt, in the King"s Bench prison, at London, the lodge, which was itinerant in its character, and allowed to move from place to place with its regiment, adjourned, with its warrant of const.i.tution, to the Master in prison, where several Masons were made. The Grand Lodge, being informed of the circ.u.mstances, immediately summoned the Master and Wardens of the lodge "to answer for their conduct in making Masons in the King"s Bench prison," and, at the same time, adopted a resolution, affirming that "it is inconsistent with the principles of Freemasonry for any Freemason"s lodge to be held, for the purposes of making, pa.s.sing, or raising Masons, in any prison or place of confinement."

Section V.

_Of the Pet.i.tion of Candidates for Admission, and the Action thereon_.

The application of a candidate to a lodge, for initiation, is called a "pet.i.tion." This pet.i.tion should always be in writing, and generally contains a statement of the pet.i.tioner"s age, occupation, and place of residence, and a declaration of the motives which have prompted the application, which ought to be "a favorable opinion conceived of the inst.i.tution and a desire of knowledge."[67] This pet.i.tion must be recommended by at least two members of the lodge.

The pet.i.tion must be read at a stated or regular communication of the lodge, and referred to a committee of three members for an investigation of the qualifications and character of the candidate. The committee having made the necessary inquiries, will report the result at the next regular communication and not sooner.

The authority for this deliberate mode of proceeding is to be found in the fifth of the 39 General Regulations, which is in these words:

"No man can be made or admitted a member of a particular lodge, without previous notice one month before given to the said lodge, in order to make due inquiry into the reputation and capacity of the candidate; unless by dispensation aforesaid."

The last clause in this article provides for the only way in which this probation of a month can be avoided, and that is when the Grand Master, for reasons satisfactory to himself, being such as will const.i.tute what is called (sometimes improperly) a case of emergency, shall issue a dispensation permitting the lodge to proceed forthwith to the election.

But where this dispensation has not been issued, the committee should proceed diligently and faithfully to the discharge of their responsible duty. They must inquire into the moral, physical, intellectual and political qualifications of the candidate, and make their report in accordance with the result of their investigations.

The report cannot be made at a special communication, but must always be presented at a regular one. The necessity of such a rule is obvious. As the Master can at any time within his discretion convene a special meeting of his lodge, it is evident that a presiding officer, if actuated by an improper desire to intrude an unworthy and unpopular applicant upon the craft, might easily avail himself for that purpose of an occasion when the lodge being called for some other purpose, the attendance of the members was small, and causing a ballot to be taken, succeed in electing a candidate, who would, at a regular meeting, have been blackballed by some of those who were absent from the special communication.