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  • June 9, 1900
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Masonic Jurisprudence.

its by-laws for thc treatment of brethren who refuse , after a certain period , to pay their dues . Thc penalty is generally exclusion , and Article 210 is probably as frequently referred to as any other in the Book of Constitutions . If a lodo-e hesitates to deal with dilatory members in a

constitutional way , has it any power to impose a partial disability ? Once a brother is allowed to enter the lodge room , he is in full possession of all his rig hts as a member , and to restrict those rights in one respect and leave them intact in another is

simply " closure by compartments , " to use a-phrase of which much was heard some lew years ago in the House of Commons . We should fancy a member whose vote was disallowed , or . who was prevented from voting when he had been admitted into the lodge , would have a very good case on appeal .

During thc course of an official visitation , the write . r once came across a set of lodge by-laws , just revised , which contained the proviso " When a question is put for the confirmation of the minutes , no member shall be entitled to vote who was not present at the meeting concerned . " Inasmuch as these

bylaws had only a month previously been stamped with the official approval of the Grand Master , there was nothing to be done except to admire the brilliant stroke of genius which had lhe courage to insert such a proviso . The by-laws in question

contained more than 70 clauses , and possibly the unconstitutional article referred to escaped notice in the crowd . We shall have something to say on another occasion on the compilation of by-laws .

Wc will now discuss the subject of resignations , and there is quite a voluminous literature on the subject , so that b y this time there ought to be scarcely a possibility of going wrong . Masonry being quite voluntary , a member of a lodge may sever his connection with it at any moment hc pleases . His

dues may be unpaid , and his account with the lodge Steward be unliquidated , and his conduct as a man and a Mason may be under discussion with a view to his exclusion . All this docs not matter . Solvitur ambitltindo . The lodge can , however , discharge a Parthian shot after him . It can endorse the certificate

which , under Article 213 , he has a right to ask for , with " a statement of the circumstances under which he left . " Article 213 might with advantage be extended a little , so as to show exactly what is meant by thc p hrase quoted , lt might be argued that thc ; endorsement should be limited lo the bare statement whether he resigned or was excluded .

But in the writer ' s opinion—confirmed by man }* excellent authorities—the lodge has power to add such explanation as it sees fit . The lodge has no power to decline to grant a certificate , and , therefore , something is necessary for the protection of other lodges the brother might wish to join . In ( act , Article 212

exists for that purpose ; ancl a lodge is not only justified in making inquiry , but may be fined for its failure to do so . When the certilic . 'ilc is granted , therefore , it should be clearly

slated—1 , whether all dues have been paid , and , 2 , whether thc * lodge by-laws have been complied with . This can be dom * simplv by having these provisions printed in tlie usual form of certificate , ancl scoring out either or both of them if not applicable .

Resignation in order to evade a summons to show cause wh y he should nol be excluded , would justify a lodge in staling that "their by-laws had not been complied with . " As a rule , however , the member who resigns under such circumstances does not trouble the lodge for a certificate . Whilst resignation would

effectually bar any proceedings tending to exclusion , the writer does not think the ) ' would estop such proceedings if lendin-r towards a recommendation for expulsion . This , however , is but a personal opinion , as he cannot recollect an )* case bcarino * on the point .

It is the habit in many lodges when a brother tenders his resignation to " accept " it , generally wilh some expression of regret . The motives of the lodge are laudable , but the Iangua-- * e is incorrect . "Acceptance" ofa resignation implies a power lo

decline to receive it , which power does not exist . " Record " is the exact phraseology . This was laid down by Grand Lodo * e in a very interesting case which was decided , on appeal , in June , 1 S 74 .

A brother came to the January meeting of his lodge for the purpose of tendering his resignation , ancl at the same lime hc paid his dues for December , and then imagined he was clear of the lodge . The dues for January were , however , demanded , and the

brother declined to pay them . Here we think he was wrong January was well advanced before he resigned , and he certain !) had incurred liability for a portion of the month , and therefore

for tlie whole . I he lodge should have given him a certificate in the Uirm alp-ad ) ' described . Instead of doing so , they ignored his resignation , aud kept his name on the books , ancl in due course demanded February ' s dues as well , and then those for

Masonic Jurisprudence.

March , and so on . As the brother s indebtedness seemed to be increasing at an alarming rate , he appealed to the District Grand Master ( of Bombay , we believe ) . The result was that the lodge was rebuked , and told that the dues and resignation at first tendered should have been accepted , and this was confirmed by Grand Lodge .

In September , 1 S 91 , Grand Lodge was exercised over another question dealing with the issue of a certificate . In addition to the certificate to which a brother is entitled wdicn his connection with the lodge is severed , Article 203 recognises the grant of a certificate to enable him to join another lodge .

This is not necessary for the founder of a new lodge , who is at the time a subscribing member elsewhere ( Article 116 ) , but many brethren imagine it is , and accordingly a brother in South Africa , who proposed to assist in the formation of a new lod ge in that colony , wrote home to his father to ask him to procure

the usual certificate from the lodge , of which they were both members . When the application was read in open lodge , it was decided that such a certificate could only be granted upon direct application by thc brother interested , and the father was told to write to his son and suggest lhat lie should communicate

direct with the lodge Secretary . 1 his was indeed straining at a gnat , and , after certain irrelevancies , the question went before the Grand Lodge , and the point argued was as to whether this

brother was duly authorised by his son to ask for a certificate Grand Lodge saw the correspondence , and decided that he was ancl a certificate was ordered to be issued , ancl the lodge suspended till this was clone .

Unfortunately , the real question was not brought to an issue , whicli was whether a second-hand application for a certificate could be entertained .

Article 202 lays down a very stringent and proper rule , limiting the issue of certificates , and a lodge is quite right in requiring incontestable evidence that the certificate is required for a proper purpose . In the particular case , there was , of course , no doubt .

Considering the smallness of the subject , the amount that has been said and written on the question of resignations is surprising . Probably this is so because many brethren who resign their membership do so in a moment of pique , and * in

calmer moments regret what they have clone . On the oilier hand , the lodge sometimes experiences a feeling of relief when a contentious brother resigns , and has , in its haste , occasionally treated that as a resignation which is not actually such .

Here there are many and various grounds for litigation , and after much fumbling about with tlie subject , ( irand Lodge , in March , 1 S 95 , practically narrowed down the question to a singleissue , and then decided upon it . The case was that of a brother in the far East , who wrote ,

say on Monday , to the lodge ; Secretary , tendering his resignation in plain and unmistakable language . On the Tuesday , having cooled down in the interval , he wrote again asking to be allowed to withdraw his resignation . Both these letters were read to the lodge which met subsequently , and the letter ot resiimation was held to be final .

In advising Grand Lodge on tlie subject Bro . Philbrick , ( irand Registrar , took especial pains to make everything clear , because the advice he proposed to give seemed lo be in apparent conflict with an obiter dictum of Col . Shadwell Gierke ' s in iS . Sej . Bro . Philbrick said that a resignation was effective from

the moment it was communicated to the lodge at a regular meeting . The letter to the Secretary was but the expression of intention , and was therefore revocable . We quote thc ; Grand Registrar ' s exact words , inasmuch as they seem to leave absolutely nothiii" * more lo be said :

" By itself , tlie letter to the Secretary is nothing , it has to lie communicated to tlie lodge ; of which he is the channel ot communication , ancl until that letter has been communicated it

is a mere expression of intention on thc part of the member whicli he lias a right to withdraw Until that letter is communicated to the lodge there is what is called a hens fnr / ii / eiiri .-i ' A

United Grand Lodge.

UNITED GRAND LODGE .

The Quarterly Communication of United Grand Lodge of Free an " Accepted Masons of Kngland was held on Wednesday evening , at Freemasons' Hall , when more than moo brethren were present . Earl Amherst , M . W . Pro Grand Master , presided , liro . George Richards , District Grand Master of the Transvaal , acted as Deputy Grand Master , and

Bro . the Kev . C . J . Martyn , P . G . C , as Past Grand Master ; Bro . Viscount Templetown was S . G . W ., and Bro . Robert Grey , P . G . W ., acted as J . G . W . Among other brethren who attended were : Bros . George Everett , P . G . T . ¦ D . P . Cama , P . G . T . ; Harry Manfield , G . T . ; J * Cochrane , P . G . T , ; Or . Strong , W . !•" . Lamonby , J . A . farnfield , R . Loveland *

“The Freemason: 1900-06-09, Page 2” Masonic Periodicals Online, Library and Museum of Freemasonry, 30 June 2025, django:8000/periodicals/fvl/issues/fvl_09061900/page/2/.
  • List
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Title Category Page
Untitled Article 1
TASMANIAN FREEMASONRY. Article 1
MASONIC JURISPRUDENCE. Article 1
UNITED GRAND LODGE. Article 2
GRAND LODGE OF MARK MASONS. Article 3
Science, Art, and the Drama. Article 5
DOMESTIC ARCHITECTURE UNDER HENRY VII. AND VIII. Article 5
HAYMARKET THEATRE. Article 5
GENERAL NOTES. Article 5
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 6
Untitled Ad 7
Untitled Ad 7
Untitled Article 7
Masonic Notes. Article 7
Correspondence. Article 8
Masonic Notes and Queries. Article 8
Reviews. Article 8
PROVINCIAL GRAND CHAPTER OF NORTH AND EAST YORKSHIRE. Article 8
MARK MASONRY IN DEVONSHIRE. Article 9
Craft Masonry. Article 9
Royal Arch. Article 9
Untitled Ad 9
Mark Masonry. Article 10
Ireland. Article 10
The Craft Abroad. Article 10
Untitled Ad 10
ORDER OF THE SECRET MONITOR. Article 11
Masonic and General Tidings. Article 12
Obituary. Article 12
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.

Masonic Jurisprudence.

its by-laws for thc treatment of brethren who refuse , after a certain period , to pay their dues . Thc penalty is generally exclusion , and Article 210 is probably as frequently referred to as any other in the Book of Constitutions . If a lodo-e hesitates to deal with dilatory members in a

constitutional way , has it any power to impose a partial disability ? Once a brother is allowed to enter the lodge room , he is in full possession of all his rig hts as a member , and to restrict those rights in one respect and leave them intact in another is

simply " closure by compartments , " to use a-phrase of which much was heard some lew years ago in the House of Commons . We should fancy a member whose vote was disallowed , or . who was prevented from voting when he had been admitted into the lodge , would have a very good case on appeal .

During thc course of an official visitation , the write . r once came across a set of lodge by-laws , just revised , which contained the proviso " When a question is put for the confirmation of the minutes , no member shall be entitled to vote who was not present at the meeting concerned . " Inasmuch as these

bylaws had only a month previously been stamped with the official approval of the Grand Master , there was nothing to be done except to admire the brilliant stroke of genius which had lhe courage to insert such a proviso . The by-laws in question

contained more than 70 clauses , and possibly the unconstitutional article referred to escaped notice in the crowd . We shall have something to say on another occasion on the compilation of by-laws .

Wc will now discuss the subject of resignations , and there is quite a voluminous literature on the subject , so that b y this time there ought to be scarcely a possibility of going wrong . Masonry being quite voluntary , a member of a lodge may sever his connection with it at any moment hc pleases . His

dues may be unpaid , and his account with the lodge Steward be unliquidated , and his conduct as a man and a Mason may be under discussion with a view to his exclusion . All this docs not matter . Solvitur ambitltindo . The lodge can , however , discharge a Parthian shot after him . It can endorse the certificate

which , under Article 213 , he has a right to ask for , with " a statement of the circumstances under which he left . " Article 213 might with advantage be extended a little , so as to show exactly what is meant by thc p hrase quoted , lt might be argued that thc ; endorsement should be limited lo the bare statement whether he resigned or was excluded .

But in the writer ' s opinion—confirmed by man }* excellent authorities—the lodge has power to add such explanation as it sees fit . The lodge has no power to decline to grant a certificate , and , therefore , something is necessary for the protection of other lodges the brother might wish to join . In ( act , Article 212

exists for that purpose ; ancl a lodge is not only justified in making inquiry , but may be fined for its failure to do so . When the certilic . 'ilc is granted , therefore , it should be clearly

slated—1 , whether all dues have been paid , and , 2 , whether thc * lodge by-laws have been complied with . This can be dom * simplv by having these provisions printed in tlie usual form of certificate , ancl scoring out either or both of them if not applicable .

Resignation in order to evade a summons to show cause wh y he should nol be excluded , would justify a lodge in staling that "their by-laws had not been complied with . " As a rule , however , the member who resigns under such circumstances does not trouble the lodge for a certificate . Whilst resignation would

effectually bar any proceedings tending to exclusion , the writer does not think the ) ' would estop such proceedings if lendin-r towards a recommendation for expulsion . This , however , is but a personal opinion , as he cannot recollect an )* case bcarino * on the point .

It is the habit in many lodges when a brother tenders his resignation to " accept " it , generally wilh some expression of regret . The motives of the lodge are laudable , but the Iangua-- * e is incorrect . "Acceptance" ofa resignation implies a power lo

decline to receive it , which power does not exist . " Record " is the exact phraseology . This was laid down by Grand Lodo * e in a very interesting case which was decided , on appeal , in June , 1 S 74 .

A brother came to the January meeting of his lodge for the purpose of tendering his resignation , ancl at the same lime hc paid his dues for December , and then imagined he was clear of the lodge . The dues for January were , however , demanded , and the

brother declined to pay them . Here we think he was wrong January was well advanced before he resigned , and he certain !) had incurred liability for a portion of the month , and therefore

for tlie whole . I he lodge should have given him a certificate in the Uirm alp-ad ) ' described . Instead of doing so , they ignored his resignation , aud kept his name on the books , ancl in due course demanded February ' s dues as well , and then those for

Masonic Jurisprudence.

March , and so on . As the brother s indebtedness seemed to be increasing at an alarming rate , he appealed to the District Grand Master ( of Bombay , we believe ) . The result was that the lodge was rebuked , and told that the dues and resignation at first tendered should have been accepted , and this was confirmed by Grand Lodge .

In September , 1 S 91 , Grand Lodge was exercised over another question dealing with the issue of a certificate . In addition to the certificate to which a brother is entitled wdicn his connection with the lodge is severed , Article 203 recognises the grant of a certificate to enable him to join another lodge .

This is not necessary for the founder of a new lodge , who is at the time a subscribing member elsewhere ( Article 116 ) , but many brethren imagine it is , and accordingly a brother in South Africa , who proposed to assist in the formation of a new lod ge in that colony , wrote home to his father to ask him to procure

the usual certificate from the lodge , of which they were both members . When the application was read in open lodge , it was decided that such a certificate could only be granted upon direct application by thc brother interested , and the father was told to write to his son and suggest lhat lie should communicate

direct with the lodge Secretary . 1 his was indeed straining at a gnat , and , after certain irrelevancies , the question went before the Grand Lodge , and the point argued was as to whether this

brother was duly authorised by his son to ask for a certificate Grand Lodge saw the correspondence , and decided that he was ancl a certificate was ordered to be issued , ancl the lodge suspended till this was clone .

Unfortunately , the real question was not brought to an issue , whicli was whether a second-hand application for a certificate could be entertained .

Article 202 lays down a very stringent and proper rule , limiting the issue of certificates , and a lodge is quite right in requiring incontestable evidence that the certificate is required for a proper purpose . In the particular case , there was , of course , no doubt .

Considering the smallness of the subject , the amount that has been said and written on the question of resignations is surprising . Probably this is so because many brethren who resign their membership do so in a moment of pique , and * in

calmer moments regret what they have clone . On the oilier hand , the lodge sometimes experiences a feeling of relief when a contentious brother resigns , and has , in its haste , occasionally treated that as a resignation which is not actually such .

Here there are many and various grounds for litigation , and after much fumbling about with tlie subject , ( irand Lodge , in March , 1 S 95 , practically narrowed down the question to a singleissue , and then decided upon it . The case was that of a brother in the far East , who wrote ,

say on Monday , to the lodge ; Secretary , tendering his resignation in plain and unmistakable language . On the Tuesday , having cooled down in the interval , he wrote again asking to be allowed to withdraw his resignation . Both these letters were read to the lodge which met subsequently , and the letter ot resiimation was held to be final .

In advising Grand Lodge on tlie subject Bro . Philbrick , ( irand Registrar , took especial pains to make everything clear , because the advice he proposed to give seemed lo be in apparent conflict with an obiter dictum of Col . Shadwell Gierke ' s in iS . Sej . Bro . Philbrick said that a resignation was effective from

the moment it was communicated to the lodge at a regular meeting . The letter to the Secretary was but the expression of intention , and was therefore revocable . We quote thc ; Grand Registrar ' s exact words , inasmuch as they seem to leave absolutely nothiii" * more lo be said :

" By itself , tlie letter to the Secretary is nothing , it has to lie communicated to tlie lodge ; of which he is the channel ot communication , ancl until that letter has been communicated it

is a mere expression of intention on thc part of the member whicli he lias a right to withdraw Until that letter is communicated to the lodge there is what is called a hens fnr / ii / eiiri .-i ' A

United Grand Lodge.

UNITED GRAND LODGE .

The Quarterly Communication of United Grand Lodge of Free an " Accepted Masons of Kngland was held on Wednesday evening , at Freemasons' Hall , when more than moo brethren were present . Earl Amherst , M . W . Pro Grand Master , presided , liro . George Richards , District Grand Master of the Transvaal , acted as Deputy Grand Master , and

Bro . the Kev . C . J . Martyn , P . G . C , as Past Grand Master ; Bro . Viscount Templetown was S . G . W ., and Bro . Robert Grey , P . G . W ., acted as J . G . W . Among other brethren who attended were : Bros . George Everett , P . G . T . ¦ D . P . Cama , P . G . T . ; Harry Manfield , G . T . ; J * Cochrane , P . G . T , ; Or . Strong , W . !•" . Lamonby , J . A . farnfield , R . Loveland *

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