Masonic Jurisprudence

declared it as his opinion that the decision of the D . P . G . W . of Northamptonshire and Hunts must be upheld as against the appeal of Bro . Waller , a P . M . of No . 41 * 2 , he proceeded to justif y the conduct of tho hitter in having invited some member of his Lodge , who was not the I . P . M ., to rehearse a portion of one of the ceremonies . Bro . Mclntyre ruled , and

Grand Lodge endorsed his judgment , that the W . M . has the right to invite any brother he chooses to perform the ceremonies , the W . M . continuing to occupy the chair , so that the words spoken by the brother are the words of the W . M ., uttered by proxy . If our coi'respondent will kindly

refer to our articles on this subject in Nos . 115 ( 10 th March ) and-117 ( 24 th March ) , he will find we expressed ourselves as being entirely in accord with the Grand Registrar . If the W . M . remains in the chair , he may call on any—that is , of course , any qualified brother—to perform

the duties , and he may place him anywhere in the Lodge , whether by his pedestal or in some other part . As M . M . ' s are qualified to be present at initiations , passings , and raisings , it follows that a W . M . may invite a M . M . to speak the words for him , which , in fact , are " the words of the W . M ., uttered by proxy . "

As regards the position of brethren and Lodges , who have been suspended from their Masonic rights and privileges , but have appealed against the sentence , it is obviously in accordance with common sense that the suspension , which is a punishment , should not be enforced

until the sentence has been duly confirmed . But as law and common sense are not always of the same mind , we have consulted Oliver and Paton on the subject . As both these authorities agree together , it will suffice if we say that Dr . Oliver lays it down most emphatically , that

pending an appeal against suspension , " the rights " of the appellant " remain intact , " and he cites the legal opinion of the late Sir Frederick Pollock , in the case of Wood , Crucefix and Stevens , in support of this view . Said the late Sir F . Pollock : "I am of opinion that the parties

"under sentence of suspension may , pending the appeal , exercise their Masonic ri ghts and privileges , until the final decision on their respective appeals has pronounced them either innocent or guilty . By the Constitutions , an appeal is given ; and it is the essence of an appeal that it should stay

execution of the judgment appealed against : this maybe supported by analogy from every existing code of laws . In many cases a contrary doctrine would lead to the greatest injustice and the grossest absurdity ; as if a judgment affected life and limb . The case of Mr . Stevens ,

in an inferior degree , is a specimen of the same sort ; the punishment will have been suffered before the justice of it can be inquired into , unless it be held that the appeal suspends all proceedings under the judgment ; which in my opinion it does . " In order to show the force of this

opinion , we may take for illustration a case which lately occurred in Capitular Masonry , when Comp . Matthew Cooke and two others appealed to Grand Chapter against a sentence of suspension passed by the Prov . Grand Superintendent of Middlesex on them and the Chapter of which

they were the principals . The appeal was sustained , and the sentence quashed , on the ground of certain irregularities in the formal proceedings of the Prov . Grand Superintendent . Had the suspension been enforced pending the appeal , it is obvious the three principals of the Lodge would have

been unjustly punished . Thus , as Dr . Oliver puts it , " the rights remain intact" pending appeal , so that in the case of the brother and the Lodge cited by our Correspondent JUSTITIA , the rights and privileges of both would remain intact till the appeal has been heard and the sentence approved or disapproved .

Masonic Portraits. (No. 38).

MASONIC PORTRAITS . ( No . 38 ) .

A PROVINCIAL MAGNATE . " In faith , he is a worthy gentlemen ; Exceedingly well read , and profited In strange concealments ; . . . And wondrous affable . "

' l / VEW people there are who occupy a worthier position in S- society than English country gentlemen . Many among them are of ancient lineage ; many have achieved distinction through their own industrial or commercial energy and enterprise ; and possibly there are those who have had tho distinction thrust upon them . It

Masonic Portraits. (No. 38).

matters not , however , by what means the rank is attained , the class itself is a numerous and deservedly influential one . They are invariably men of culture . They usually possess what is commonly known as " a stake in the country . " They rarely lead an inactive life . Either they

busy themselves with matters political , and are elected to represent some county or borough in Parliament , or they devote themselves to the equally important duty of promoting privately the welfare of the community . Sometimes they set themselves the task of solving or attempting

to solve some knotty social question . They usually occupy some position of dignity and trust in the local magistracy . They form themselves into societies for the advancement of this or that particular interest , be it political or social , religious or moral , agricultural or commercial . In short ,

our country gentlemen are among the most useful and energetic members of the great English Commonwealth . The good they do is immeasurably great , and accordingly we are not surprised to find that tho respect and affection which is entertained towards them is well nigh universal .

But to pass without further preface from the class to the individual . The portrait we are about to present to our readers is that of a Provincial Magnate , whose Masonic titles to our respect havo for many years been " familiar in our mouths as household words . " Born a member

of the class whose merits we have feebly attempted to portray , and of an ancient family long resident in the county he now governs so craftily , the subject of our sketch was educated , in the first instance , at tho chief , if not the oldest of our great public schools .

He passed thence to that splendid collegiate foundation on the banks of the Isis , which is indebted for its origin to the munificence of that Cardinal Minister of Bluff King Harry who , in the legendary history of our Order , is sometimes written down as the Grand

Master of Masons of his day . At the close of his academical career he took the customary degrees , and a few years later , when yet only thirty years of age , he was elected one of the representatives in Parliament of the Northern Division of his native county . This

honour he has retained ever since , and though it has not been given to him to achieve high parliamentary distinction , he has conscientiously fulfilled his allotted duty . As our readers are aware , there is plenty of work done in

Parliament of which the public knows little or nothing . It is no sinecure to represent a great county constituency . There are the local interests to look after and promote . Much of the real business of the House of Commons is done

m the Committee Rooms , and , in most cases , the only reward which members comprising such Committees must content themselves with is , the consciousness of having done their duty . We may add that he is likewise a Justice of the Peace and , a captain of Yeomanry Cavalry , while , in

private life , he enjoys the affectionate regard of his friends and the respect of all his neighbours . It is , however , his character as a Mason , and the high position he has attained in our ancient fraternity , to which we must chiefly

direct the attention of our readers . To these we now turn , in the hope that the record it is in our power to present may at least serve as an incentive to others to follow in his footsteps .

His Masonic career , extending , as it has done , over but little short of thirty years , has been a most brilliant one . Like many other men who have attained to distinction in

the ranks of the Craft , the subject of our present sketch first saw the light in Apollo University , No . 357 , having been initiated in that Lodge—in those days No . 460—on the 24 th March 1848 . In 1852 he was chosen to be

W . Master , and in 1854 the same honour was a second time conferred upon him . In 1851 we find him filling the office of Provincial G . Junior Deacon of Oxfordshire . The year following he was Provincial G . Senior Deacon , and in 1853 he became Prov . Senior Grand Warden . In 1869 ,

on the death of Admiral Sir Lucius Curtis , he received , at the hands of the Earl of Zetland , his patent as Provincial Grand Master for Hants and the Isle of Wight , the island being at the time annexed to the county , so that , together , they might form one considerable and influential Province .

In 1855 he joined the Westminster and Keystone , and was elected its W . M . in 1863 . Among the Lodges in his own Province , there are three of which he was a joining

member , namely—Economy , No . 76 , Winchester ; Hengist , No . 195 , Bournemouth ; and Oakley , No . 694 , Basingstoke . In Capitular Masonry he holds equally high rank as in Craft Masonry , having been appointed , in 1869 , Provincial