MassachusettsGC2012 PART V

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GRAND CONSTITUTIONS, PART V

PART V: BRETHREN

Sec. 500. VISITING: PRIVILEGES AND ENTRY INTO LODGE

It is the privilege of every affiliated Mason, in good and regular standing, to visit any Lodge when not engaged in the transaction of private business unless objection is made by a sitting member of the Lodge to the admission of such visitor, in which event such visitor shall not be admitted during the meeting. Such objection may not be made to the Grand Master, the Deputy Grand Master, the District Grand Master, the Lodge's District Deputy Grand Master, nor to one who has been appointed by the Grand Master to represent the Grand Master, nor to a visitor who is a member of a suite accompanying any of the foregoing.

A candidate may visit another Lodge provided the lodge is then open upon a degree which has been conferred upon the candidate and the candidate is accompanied by and vouched for by a Master Mason who was present at the conferring of such degree upon the candidate.

Except for the Grand Master, District Grand Master, or a District Deputy Grand Master acting under his warrant, and their Marshals or suite, every one who enters a Lodge while it is at labor must approach to the west of the Altar and there salute the Master. Under no circumstances whatever may any visitor (save only the Grand Master, a District Grand Master or a District Deputy Grand Master) be covered while in the Lodge.

Earlier Revisions

  • Letter to St. John's Grand Lodge: 02/25/1774, I-416: "The Master of no Lodge in this City can permit a Visitor to stay in the Lodge after he has received the Civilitys of a Mason, if his Company be disagreeable to any one Member."
  • Vote of Grand Lodge: 09/13/1797, II-109: "The Grand Lodge will not hold communication or correspondence with, or admit as visitors, any Masons residing in this State who hold authority under, and acknowledge the supremacy of, any Foreign Grand Lodge or who do not by their representatives communicate and pay their dues to this Grand Lodge."
  • Vote of Grand Lodge: 12/14/1870, 1870-228: "Resolved, That it is the privilege of every affiliated Mason, in good and regular standing, to visit any Lodge, when not engaged in the transaction of private business; but that it is also the right of a sitting member of the Lodge, to object to the admission of a visitor, giving his reasons therefor, if required by a majority-vote of the members to do so; or, as the alternative, declaring, upon his honor as a Mason, that his reasons are such that he cannot with propriety disclose them to the Lodge."
  • GC1918: Section 501, 1918-389; "It is the privilege of every affiliated Mason, in good and regular standing to visit any Lodge when not engaged in the transaction of private business; but it is also the right of a sitting member of the Lodge to object to the admission of a visitor, giving his reasons therefor if required by a majority vote of the members to do so; or as the alternative declaring upon his honor as a Mason that his reasons are such that he cannot with propriety, disclose them to the Lodge."
    • On 09/08/1926, the phrase "on complying with the requirements of Section 502" was added after "in good and regular standing" in the first sentence. (1926-318)
  • GC1930: Section 500, 1930-141; "It is the privilege of every affiliated Mason, in good and regular standing, to visit any Lodge when not engaged in the transaction of private business unless objection is made by a sitting member of the Lodge to the admission of such visitor, in which event such visitor shall not be admitted during that meeting."

References

  • III-314, 12/13/1820: refers to a memorial by Bro. Eleazer Kingsbury, who had been rejected by Meridian Lodge which "gave no notice of that transaction to any other lodge"; the Brother was initiated by Good Samaritan Lodge and crafted and raised by Middlesex Lodge, but who was rejected as a visitor by Meridian. The Grand Lodge determined that "Meridian Lodge were well acquainted when they denied him admission as a brother. Upon this statement it is natural to remark, that however laudable caution may be in the admission of persons to the benefit of our honorable Craft, some better reason ought to be assigned for their rejection, than private animosity . . . The door of Masonry must be opened at the knock of every one who has been duly initiated into its Mysteries, till he is expelled by a competent power from the privileges of the Masonic Institution."
  • 1870-88 refers to an inquiry sent to Grand Master Gardner in February 1870, which referenced the above ruling from 1820. The questions and answers are as follows:
    • 1st. Does a Master Mason in good standing in his Lodge possess the inherent right of visiting any Masonic Lodge wherever he may go?
      • To the first question I reply by the following quotation from Mackey's Masonic Jurisprudence, page 29 : — LANDMARK FOURTEENTH. — The right of every Mason to visit and sit in every regular Lodge is an unquestioned Landmark of the Order. This is called the "right of visitation." This right of visitation has always been recognized as an inherent right which inures to every Mason as he travels through the world,' " &c. Every writer of any eminence on masonic subjects, whose works have come under my notice, expresses the same idea; and I believe it is not questioned anywhere. I have, therefore, no difficulty in replying affirmatively to that question.
    • 2d. It has been claimed that a Master Mason may object to a visiting Brother — the reasons to be determined solely in his own conscience. Does a Master Mason possess the unqualified right of objecting to the presence of a visiting Brother in his Lodge?
      • To your second question I reply as follows : — A Master Mason who is a member of a Lodge has an unqualified right to object to the admission of a visiting Brother into the Lodge of which he is a member. 'The great object of all Masonry,' says Brother Mackey (Jurisprudence, page 209), 'being the preservation of harmony among the brethren, which our ritual properly declares to be " the support of all well-regulated institutions," it has been deemed by many excellent authorities to be the prerogative of any member of a Lodge to object to the admission of a visitor, when his relations to that visitor are of such a nature as to render it unpleasant for the member to sit in the Lodge with the visitor. This principle in Masonry has been settled by some of the most learned arid reliable Masons in the United States, as well as by Brother Mackey.
    • 3d. If a Master Mason objects to a visiting Brother sitting in the Lodge, is he accountable to the Lodge, and is it his duty to give reasons for such objection?
      • To your third question I reply — That, in my opinion, the objecting Brother is accountable to the Worshipful Master and the Lodge for his objections, and is bound, if required, to give his reasons therefor. In the article from which I have already quoted (Mackey's Jurisprudence, page 29), he says, — speaking of the right of visitation — 'This right may of course be impaired or forfeited on special occasions, by various circumstances; but when admission is refused to a Mason in good standing who knocks at the door of a Lodge as a visitor, it is to be expected that some good and sufficient reason shall be furnished for this violation of what is in general a masonic right founded on the Landmarks of the Order!' In addition to this, the fact is well known to all well-informed Masons, that the entire responsibility of refusing admission to a visiting Brother rests on the Master of the Lodge; for, when a Brother objects, it is for the Master to decide whether the objection shall deprive the visitor of his right. Brother Mackey says (Jurisprudence, page 216) 'The right of visit is a positive right which inures to every affiliated Master Mason always. It may be forfeited for good and sufficient cause, while for the Master of any Lodge to deny it without such cause is to do a masonic wrong to the Brother claiming it, for which he will have his redress upon complaint to the Grand Lodge,' &c. To bring this dictum of Brother Mackey to the case under consideration, I will state it: Brother G, who, it is admitted, is a regular Master Mason, affiliated with a Lodge in Scotland, knocks at the door of Lebanon Lodge and asks to be admitted as a visitor. A member of the Lodge rises and objects to his admission, and Brother G is informed, outside of the door, that he cannot be admitted. The onus of refusal, so far as Brother G is concerned, rests entirely on the Worshipful Master, and he is amenable to the Grand Lodge, if Brother G thinks proper to make complaint to that Body. Can it then be that the Master is not to know the reasons of objection, so as to be able to show sufficient cause for denying the applicant-his inherent right to visit? An affirmative answer to this question would clothe any member of any Lodge with arbitrary power to cause the rejection of every visitor who applies for admission! It cannot, with any reason, be for a moment sustained!
    • 4th. If a Master Mason has sufficient reason for objecting to a Brother visiting his Lodge, is it not his duty to prefer charges, so as to bring the objectionable brother under discipline, and give him an opportunity to vindicate his character?
      • To your fourth question I reply — That, when the objecting Brother gives his reasons, if the Lodge deem them of sufficient weight to sustain charges, it is its duty to direct the Junior Warden to prefer them to the Lodge, that the Brother may be dealt with.
    • 5th. If a Master Mason shall hear the statement of his friend affecting the character of a brother Master Mason, would he be justified in objecting to the presence of such Brother in his Lodge upon an 'ex parte' statement?
      • The fifth question propounded by you is, in my opinion, one to which no general principle can be applied; it must depend entirely on the nature of the statement made by the friend.
  • 1886-182, 1914-153, 1916-850, 29MFM-292
  • 1878: 36
  • 1916: 585, 847
  • 1952: 112
  • 1953: 51, 197
  • 1989: 96
  • 2008:167

Sec. 501. VISITING: REQUIREMENTS FOR ENTRY

Except on a duly authorized public occasion, no visitor shall be admitted into a tyled Lodge, unless he produces a duly authorized uniform card showing the payment or remission of this Grand Lodge and particular Lodge dues for the current fiscal year, or for the next preceding year if the card be presented within six months after the expiration date thereof, or, if he be a member of a Lodge under the jurisdiction of a regular Grand Lodge other than this Grand Lodge, produces a receipt for the payment of his particular Lodge dues for the next preceding or current fiscal or calendar year, as may be the custom of such jurisdiction, and complies with one of the following conditions:

  • 1st: Being vouched for in writing by a Brother present who, if not a member, shall himself be vouched for at the time by a member of the Lodge and who shall, if required, state in writing when and where he sat with the visitor in a tyled Lodge, and the degree upon which such Lodge was then open.
  • 2nd: Producing a certificate or diploma of a regular Grand Lodge, and passing a satisfactory examination. A certificate under seal of the Secretary of a regular Lodge may be accepted in lieu of the Grand Lodge certificate, but the acceptance of such a certificate or of a Grand Lodge certificate dated more than three years previous to the date of the visit, shall be at the discretion of the Master of the Lodge visited. If the required uniform card or receipt presented by the visitor bears his signature attested by the Secretary of the Lodge of which the visitor is a member, the Master of the Lodge visited may waive the production of a certificate or diploma of a regular Grand Lodge.

Every Lodge shall keep and preserve a record of visitors in the form prescribed by the Grand Lodge or by the Grand Master for the time being.

Earlier Revisions

  • GC1843 includes this section: Part Fifth, Section 15, IV-652; "No Mason, not a member of some subordinate Lodge, shall allowed to visit the same Lodge, in the place where he resides, more than twice, without the permission of the Master, or vote of the Lodge."
  • GC1918: Section 502, 1918-389; In this revision, the section reads as follows:
    • "Except on a duly authorized public occasion, no visitor shall be admitted into a tyled Lodge, unless he complies with one of the following conditions:
      • 1st. Being vouched for in writing by a Brother present who, if not a member, shall himself be vouched for at the time by a member of the Lodge and who shall, if required, state in writing when and where he sat with the visitor in a tyled Lodge, and the degree upon which such Lodge was then open.
      • 2d. Producing a certificate or diploma of a regular Grand Lodge, and passing a satisfactory examination. A certificate under seal of the Secretary of a regular Lodge may be accepted in lieu of the Grand Lodge certificate, but the acceptance of such a certificate, or of a Grand Lodge certificate dated more than three years previous to the date of visit, shall be at the discretion of the Master of the Lodge visited.
      • Every Lodge shall keep and preserve a record of visitors in the form prescribed by the Grand Lodge or by the Grand Master for the time being."
    • Amended 09/08/1926, changing the first paragraph to read: "Except on a duly authorized public occasion, no visitor shall be admitted into a tyled Lodge, unless he produces a duly authorized uniform card showing the payment or remission of this Grand Lodge and Particular Lodge dues for the next preceding or current fiscal year, or, if he be a member of a Lodge under the jurisdiction of a regular Grand Lodge other than this Grand Lodge, produces a receipt for the payment of his Particular Lodge dues for the next preceding or current fiscal or calendar year, as may be the custom of such jurisdiction; and complies with one of the following conditions:"
    • Amended 09/08/1926, changing the third paragraph to read: "2d. Producing a certificate or diploma of a regular Grand Lodge, and passing a satisfactory examination. A certificate under seal of the Secretary of a regular Lodge may be accepted in lieu of the Grand Lodge certificate, but the acceptance of such a certificate, or of a Grand Lodge certificate dated more than three years previous to the date of visit, shall be at the discretion of the Master of the Lodge visited. If the required uniform card or receipt presented by the visitor bears his signature attested by the Secretary of the Lodge of which the visitor is a member, the Master of the Lodge visited may waive the production of a certificate or diploma of a regular Grand Lodge. (1926-319)
  • GC1930: Section 501, 1930-141; In this revision, the text is the same as GC1918.
    • On 09/10/1952, the text "produces a receipt for the payment of his particular Lodge dues for the next preceding or current fiscal or calendar year" was revised to read: "for the current fiscal year, or for the next preceding fiscal year if the card be presented within six months after the expiration date thereof". (1952-214)

References

  • 1857-47, 1858-38, 1872-19, 1875-414, 1879-99, 1885-21, 1885-59, 1885-84, 1885-206, 1885-206, 1885-222, 1886-36, 1903-87, 1904-70, 1904-105, 1904-177, 1905-19, 1910-214
  • IV-560, 09/14/1842: Commentary on National Masonic Convention in 1842, regarding the identification of strangers (here presumably it refers to the privilege of Masonic burial: "Another measure recommended by the Convention, is that the several Grand Lodges 'advise, if they do not deem it necessary to require, their subordinate Lodges to demand certificates of the good standing of brethren who are strangers, which certificate should emanate from the Grand Lodge from the jurisdiction of which they hail.' We concur in opinion with the Convention, that such certificates would be 'an additional safeguard against the abuse of Masonic privilege by the unworthy.' & that they would 'furnish the orphans & widows of deceased brethren the best evidence of their claims upon the fraternity.'
  • IV-607, 09/13/1843: Commentary on National Masonic Convention in 1843, regarding funeral services: "This is an entire new arrangement and appears to the Committee to be in this respect appropriate, and in essentials free from all exceptionable matter, but they would add, that the greater portion substituted by the Convention is in no respects superior to the excellent one laid down in Webb's Monitor from Preston. The language, is more inflated and rather poetical for a funeral service and the sentiments certainly in no better taste than those which have so long received the sanction of the Fraternity in this solemn ceremonial."
  • 1883: 51
  • 1895: 128, 222
  • 1926: 78, 242, 259,301,315
  • 1927: 343
  • 1928: 204
  • 1936: 154

Sec. 502. VISITING: RIGHT TO EXAMINE CHARTER

A visiting Brother, having produced his Grand Lodge Certificate or Diploma, shall have the right to call for the Charter of the Lodge he desires to visit.

Earlier Revisions

  • GC1843: Part Fourth, Section 12, IV-651; "A visiting Brother, having produced his Grand Lodge Certificate, or Diploma, has a right to call for the Charter of the Lodge he desires to visit."
  • GC1918: Section 503, 1918-390
  • GC1930: Section 502, 1930-142

References

  • 1878: 51, 87

Sec. 503. INTERJURISDICTIONAL VISITING

When a Lodge in this jurisdiction is invited or desires to visit a Lodge under the jurisdiction of another Grand Lodge, application should be made for a warrant or dispensation therefor. This warrant or dispensation will not issue except after request to the Grand Master of the jurisdiction sought to be visited and receipt of his consent thereto. Visiting Lodges from other Grand Jurisdictions should not be received unless and until application has been made for dispensation therefor and receipt by the Lodge of such dispensation. In the event that work is performed by a visiting Lodge, the work should be in accordance with the ritual prescribed by the jurisdiction of the visiting Lodge and upon a candidate of that jurisdiction.

Visiting by teams of Massachusetts Masons to a Lodge under the jurisdiction of other Grand Lodges must be governed by the procedure hereinbefore described.

Earlier Revisions

GC1843: Regulations, Section 14, IV-652; "The removal of a Brother into another jurisdiction does not, of itself, authorize his name to be stricken from the roll of the Lodge of which he is a member."

References

  • 1926: 244
  • 1953: 52, 197

Sec. 504. SUSPENSION FROM MEMBERSHIP

A Brother who has been suspended for non-payment of dues, even by a Lodge in another jurisdiction, shall have no right to attend the meetings of any Lodge until the amount due the suspending Lodge has been paid or remitted.

Earlier Revisions

  • GC1843: Part Third, 4:4, IV-639; "No Lodge under this jurisdiction shall suspend or expel a member from the rights of Masonry, for nonpayment of dues. The penalty for such delinquency, shall be forfeiture or suspension of membership."
  • GC1918: Section 504, 1918-390; In this revision, the section includes the text: "A brother who has been discharged or suspended . . ."
  • GC1930: Section 504, 1930-143; In this revision, the text is the same as GC1918.

References

  • IV-130, 06/11/1828: Report of Committee on resolutions submitted 03/14/1827: "That said Resolution contemplates an inquiry into the expediency of establishing an ordinance prohibiting Lodges under the jurisdiction of this Grand Lodge, from receiving into membership any person who has been or may be expelled from membership in any subordinate Lodge, in consequence of non compliance with the By Laws, Rules and regulations of any Lodge; and requiring said Lodges to report to the Grand Lodge the name and place of residence of every person so expelled from Membership, stating in such Report whether such expulsion shall have been caused by nonpayment of dues provided for by the written rules of the Lodge from which such person is expelled."
  • IV-562, 09/14/1842: Report of Committee on the doings of the National Masonic Convention; "Your Committee learn from the proceedings of the Convention that great diversity of opinion & practise exists in different parts of the country in relation to delinquent members of subordinate lodges. Under the jurisdictions of some of the Grand Lodges the delinquent is suspended for non-payment of his dues; under others he is expelled; while under others again, he only forfeits his membership. The practise last named has been adopted & pursued in the Lodges within this Commonwealth, & your Committee recommend its continuance."
  • 1910-47, 1910-212, 1915-304, 26MFM-257, see Sec711, d and e
  • 1926: 239
  • 1953: 53, 197
  • 1974: 176

Sec. 505. DEMITS: ISSUANCE AND ENTITLEMENT

Any member of a lodge who has paid his dues to the Lodge and the Grand Lodge is entitled to a demit upon application therefor. Such demit should date from the receipt of the application by the Secretary and should be reported to the next succeeding meeting of the Lodge for record. If a Brother who is a member of two or more Lodges in this jurisdiction wishes to withdraw from membership in one or more Lodges in this jurisdiction while still retaining his membership in some Massachusetts Lodge, he is entitled to withdraw provided he is clear on the books of the Lodge from which he desires to withdraw. In such cases a certificate of clearance should be issued instead of a demit.

Earlier Revisions

  • GC1930: Section 504, 1930-143; In this revision, the section reads: "Any member of a Lodge who has paid his dues to the Lodge and the Grand Lodge is entitled to a dimit upon application therefor. Such dimit should date from the receipt of the application by the Secretary and should be reported to the next succeeding meeting of the Lodge for record."

References

  • 1890: 122
  • 1891: 58
  • 1893: 162
  • 1894: 11
  • 1895: 128, 221
  • 1901: 27
  • 1926: 441
  • 1927: 342
  • 1953: 53, 197

Sec. 506. DEMIT: RIGHT TO VISIT

A Brother who holds a demit is entitled to visit Lodges, subject to the constitutional provisions for visiting, for one year from the date of issue and no more. If he remains for more than one year without being affiliated with some regular Lodge, he shall not of right be entitled to any of the benefits or privileges of Masonry, except that he may at any time petition for affiliation.

Earlier Revisions

  • GC1843: Regulations Section 15, IV-652; "No Mason, not a member of some subordinate Lodge, shall allowed to visit the same Lodge, in the place where he resides, more than twice, without the permission of the Master, or vote of the Lodge."
  • GC1918: Section 507, 1918-391; In this revision, the section includes the text: "A Brother who holds a demit or a certificate of good standing . . . "
  • GC1930: Section 506, 1930-143; In this revision, the text is the same as GC1918.

References

  • VI-3, 03/12/1856, Committee reviewing the Grand Master's Address from December 1855: "The subject of non-affiliated masons has occasioned much perplexity to the Gd. Lodges which have hitherto attempted to deal with it. No successful result has yet been attained. We have doubts whether such result can be obtained through the exercise of legitimate power by any Gd Lodge, If brethren feel so little interest in Masonry, that they forbear to take membership when it does not involve manifest inconveniences if they stand aloof and thus discountenance the efforts of the faithful:— the question may well arise whether they are to be regarded as worthy brethren and whether they would come within the prescribed rule, in a case of emergency. Their case however, we apprehend, is one which, if curable, must be

treated, by moral suasion, rather than by legal enactment, If they be convinced that their present position is unmasonic and ask membership, of their own free will and accord, we might hope for mutual advantage. But compulsory membership, even if practicable, gives very slight promise of benefit to either party. Having this view of the subject, we do not recommend any action by the Grand Lodge."

  • 1890: 123
  • 1918: 322, 391
  • 1919: 60
  • 1953: 53, 197
  • 1974: 175
  • 25M.F.M. 64, 26M.F.M. 237
  • 1917 Build. 10, 56, 134

Sec. 507. REINSTATEMENT BY LODGE

A Brother who has been suspended by a Lodge for non-payment of dues and whose dues have been paid or remitted to the date of his suspension is entitled to a demit upon application therefor, or he may be reinstated at a regular meeting of the suspending Lodge, provided that his petition for reinstatement has been read at one meeting and duly notified to the members for the meeting at which the vote is to be taken. If his petition for reinstatement is made to the Lodge within five years after the date of suspension, he may be reinstated by a majority vote of the members present; otherwise a clear and unanimously favorable ballot shall be required. The vote for reinstatement shall be taken in secret. If not reinstated, he is entitled to a certificate of prior membership in the Fraternity, and he may at any time petition for affiliation in any Lodge.

Earlier Revisions

  • GC1918: The following sections appear in this revision:
    • Section 508. "A Brother who has been suspended for non-payment of dues and whose dues have been paid or remitted may be reinstated by a majority vote of those present at a regular meeting of the suspending Lodge. If not reinstated, he is entitled to a certificate of good standing in the Fraternity." (1918-391)
    • Section 509. "A Brother who has been discharged for non-payment of dues may, by ballot as provided in Section 409, be admitted to membership in the same or any other Lodge, provided his dues have been paid or remitted; subject, however, to all the formalities usually attending admission to membership, except that if readmitted by the discharging Lodge no membership fee shall be demanded unless required by its By-Laws. The receipt or certificate from the Secretary of the Lodge of which the applicant was last a member shall be satisfactory evidence that his dues have been liquidated." (1918-391)
  • GC1930: Section 507 and Section 508, 1930-143; In this revision, the text of these sections is the same as GC1918.

References

  • 1887-170, 1896-221
  • 1895: 127
  • 1916: 172
  • 1931: 36
  • 1943: 121
  • 1953: 53, 197
  • 1955: 235, 375
  • 1974: 175
  • 1989: 96

Sec. 508. MASONIC BURIAL

No Mason shall be interred with the formalities of the Order, unless it be at his own special request, made known to the Lodge during his lifetime or communicated to its officers after his death by a family member, an intimate friend, or other credible person, nor unless he has been advanced to the degree of Master Mason and was in good standing at the time of his death, without a Dispensation from the Grand Master.

Earlier Revisions

  • GC1843: Part Fifth, Section 7, IV-651; "No Mason can be interred with the formalities of the Order, unless it be at his own special request, without a dispensation from the Grand Master; nor under any circumstances, unless he has been advanced to the degree of a Master Mason."
  • GC1918: Section 510, 1918-392; "No Mason shall be interred with the formalities of the Order, unless it be at his own special request, without a Dispensation from the Grand Master; nor under any circumstances unless he has been advanced to the degree of Master Mason."
  • GC1930: Section 509, 1930-143; In this revision, the text is the same as GC1918.

References

  • I-33 describes the formalities attending the Masonic burial of Grand Master Thomas Oxnard, 07/01/1754.
  • I-118 and after describes the formalities attending the Masonic burial of Grand Master Jeremy Gridley, 09/11/1767.''
  • I-174 describes the formalities attending the Masonic burial of Past Grand Warden James Forbes, 08/09/1769.''
  • 1916-305, 1916-308, 1916-592
  • 1878: 50, 87
  • 1930: 279
  • 1953: 54,
  • 1975
  • M.F.M. 32 7 M.F.M. 99 1 N.E.F. 221

Sec. 509. TRIALS: JURISDICTION OF LODGES FOR TRIAL

The Grand Lodge has original jurisdiction in all matters of Masonic discipline. A Lodge has concurrent original jurisdiction to institute proceedings before the Board of Commissioners of Trials: against a Brother who is a member thereof, or when the offense is alleged to have been committed against a member of said Lodge.

Earlier Revisions

  • GC1843: This revision includes the following regulation: Part Fifth, Section 4, IV-650: "Any Lodge may take cognizance of the conduct of any sojourning Brother or Brethren, not attached to any particular Lodge, upon a charge of unmasonic conduct."
  • GC1918: Section 511, 1918-392; "A Lodge has original jurisdiction to entertain proceedings against a Brother when
    • "(a) He is a member thereof;
    • "(b) The offense is alleged to have been committed within the territorial jurisdiction of the Lodge and the accused Brother is not a member of any Lodge having concurrent territorial jurisdiction; or
    • "(c) Service is made upon the accused Brother within the jurisdiction of this Grand Lodge, and it does not affirmatively appear that he is a member of a Lodge within the Commonwealth of Massachusetts."
  • GC1930: Section 510, 1930-144; In this revision, the text is the same as GC1918.

References

  • IV-22, 06/14/1826, from a report regarding incorporation by lodges: "The Grand Lodge is the parent, the subordinate Lodge its child. These are different parties, though they may be considered in the full exercise of all the masonic affections, from the necessity of the case appear on the ground of equality of right before a tribunal of the uninitiated and uninformed; the Lodge to advocate its wishes and objects, the Grand Lodge to see that nothing is done directly subversive of the principles of masonry."
  • IV-37, 09/13/1826, from a report of a committee regarding consideration "whether any and if any what measures ought to be adopted to authorise the several subordinate Lodges of this jurisdiction to call to account any members of the Masonic fraternity who may be guilty of misconduct, and who are not members of any particular Lodge"; an indication that the Grand Lodge has jurisdiction over unaffiliated Masons, but that "the power always has existed — and always must exist — with all Lodges of Master Masons to take cognizance of the crimes and misdemeanors of any members of the masonic fraternity whether they be members of Lodges or not and that it is inexpedient for the Grand Lodge to make any law on the subject or to prescribe any rules for the government of the subordinate Lodges when they shall be called on to exercise this power, deeming it more advisable to leave it to the discretion of the Lodges, as the Grand Lodge has the supervising power and a final decision in all cases and provided there should be any inordinate exercise of power, the injured party have their remedy in the final decision of the Grand Lodge."
  • 1916-861
  • 6MFM-303, 8MFM-355, 24MFM-325
  • 1934:121
  • 1940: 234
  • 1974: 175
  • 1989: 96

Sec. 510. TRIALS: COMMISSIONERS OF TRIALS

The Grand Master is requested to appoint annually a Board of five Masons who are Past or Presiding Masters of Lodges and/or members of the Bar authorized to practice law within the Commonwealth of Massachusetts, to be styled Commissioners of Trials; but he may in his discretion appoint a Special Board of Commissioners for the trial of any given cause. The first-named of said Board shall be the Chairman thereof, and three members shall constitute a quorum. The vote of a majority of the members present shall suffice for the determination of any matter brought before the Board. A single member may take testimony. In the absence of the Chairman, the Board shall elect a Chairman pro tempore.

Earlier Revisions

  • GC1918: Section 512, 1918-393; "The Grand Master is requested annually to appoint a Board of five Past or Present Masters of Lodges, to be styled Commissioners of Trials; but he may in his discretion appoint a Special Board of Commissioners for the trial of any given cause. The first-named of said Board shall be the President thereof, and three members shall constitute a quorum. A single member may take testimony. In the absence of the President, the Board shall elect a President pro tempore."
  • GC1930: Section 511, 1930-145; In this revision, the text is the same as GC1918, with the addition of the following text: "The Grand Master is requested to appoint annually a Past Master of a Lodge to be styled Judge Advocate to perform such duties as may be delegated to him by the Grand Master. The Judge Advocate shall receive for his services, and for necessary expenses, such compensation as the Grand Master shall determine."

References

  • 1875-57, 1875-112, 1875-414, 1875-421, 1876-8, 1876-11, 1911-47
  • 1875: 27 1918: 323 1924: 322

Sec. 511. TRIALS: JUDGE ADVOCATE

The Grand Master is requested to appoint annually a Mason who is a Past or Presiding Master of a Lodge and/or a member of the Bar authorized to practice law within the Commonwealth of Massachusetts to be styled Judge Advocate, to perform such duties as may be delegated to him by the Grand Master. It shall be the responsibility of the Judge Advocate to prepare and present all matters of discipline brought before the Board of Commissioners of Trials. The Judge Advocate shall receive for his services, and for necessary expenses, such compensation as the Grand Master shall determine and allow upon the certificate of the Judge Advocate.

Earlier Revisions

  • GC1930: The substance of this section is included in the preceding one in this revision.

References

Sec. 512. TRIALS: PROCEDURE

Whenever a Brother shall be accused of any offense which, if proved, might subject him to expulsion or suspension from the rights and privileges of Masonry, the proceedings shall be conducted agreeably to the following rules:

  • (a) The accusation shall be made in writing, with specifications of the offense, under the signature of a Master Mason. It shall be given to the Master of the Lodge having original jurisdiction under Sec. 509 (a) if any, and if none, under 509 (b), who shall summon his Lodge to act upon the accusation.
  • (b) If the Lodge having original jurisdiction by a majority vote of its members present determines that the accusation requires investigation, the accusation and specifications, together with notice of the action of the Lodge thereon, shall be forwarded to the Grand Secretary, who shall, under the direction of the Grand Master, transmit the same to the Judge Advocate.
  • (c) If the accusation does not come within the provisions of Sec. 509 (a) or 509 (b), or if it be presented directly to the Grand Lodge, such accusation and specifications shall be presented to the Grand Master, who may in his discretion cause the Grand Secretary to transmit the same to the Judge Advocate. Notwithstanding any other provisions hereof, if a Brother shall be accused of un-Masonic conduct by reason of his commission of a felony or other serious crime involving moral turpitude for which he has been convicted by a court of competent jurisdiction, he shall be subject to such discipline as the Grand Master may, in his discretion, choose to impose. The accused shall be deemed to have waived any right to a hearing or review unless within thirty (30) days after notice of the imposition of such discipline he shall have filed with the Grand Secretary a written request for a hearing or review by the Board of Trial Commissioners, in which event the matter shall be referred to the Judge Advocate for proceedings before the Board of Trial Commissioners, pending which proceedings any discipline previously imposed shall remain in full force and effect.
  • (d) Upon receipt of the accusation and specifications the Judge Advocate shall prepare a complaint reciting the charges and specifications and undertake the presentation of evidence to the Board of Trial Commissioners. He shall forward a copy of the complaint to the Chairman of the Board of Trial Commissioners and cause and cause the Grand Secretary to serve the accused with an attested copy of the complaint together with a summons, Commissioners which may be issued by any Commissioner, to make such answer in writing to the complaint as the accused may desire prior to a return date to be named in said summons. The summons shall be served upon the accused in hand or by certified mail, return receipt requested, addressed to his last known residential address at least 30 days prior to such return date. If no residence of the accused is known, or if the accused fails to answer the complaint in writing prior to the return date, the Commissioners may proceed to examine the charges and specifications ex parte. The service and the return thereof in any case where no address of the accused is known shall be according to regulations to be made by the Commissioners, and, when so made, shall be conclusive.
  • (e) The written answer to the complaint shall be served by the accused in hand or by ordinary mail upon the Grand Secretary who shall promptly forward copies thereof to the Judge Advocate and the Chairman of the Board of Trial Commissioners.
  • (f) The examination upon the complaint shall be had at some convenient place and time to be designated by the Commissioners, of which due notice shall be given to the accused by the Grand Secretary, and no visitor shall be admitted except as counsel, or witness, or stenographer for the Commissioners, or the accused, provided that such stenographer is a Mason. Unless otherwise ordered by the Commissioners, the testimony may be taken by the Chairman, or Chairman pro tempore, or any member designated by him, who shall reduce the substance of the same to writing, to be submitted to the Board. Witnesses, if Masons, shall testify on their honor as such. Other witnesses shall be duly sworn before their testimony is taken. In the discretion of the Chairman or Chairman pro tempore, the proceedings may be recorded by any convenient means, including by audio-visual means.
  • (g) Each Commissioner shall have the power to issue a summons to any Mason then present or residing within the jurisdiction of this Grand Lodge, commanding him to appear at said time and place and testify as a witness. A summons may be served by copy delivered in hand or by certified mail, return receipt requested. Witnesses summoned or appearing at the request of the Board or any Commissioner shall be paid their actual necessary traveling expenses.
  • (h) Any Brother duly authorized may appear as counsel in support of, or in opposition to, the complaint during the taking of the testimony and in the argument of the case.
  • (i) A report of the proceedings and summary of the facts in each case, including the findings and recommendation of the Commissioners thereon, shall be signed by the Commissioners acting in such case and shall be submitted to the Grand Master at least seven days before the Communication of Grand Lodge at which it is to be presented. The finding and recommendation of the Commissioners, if approved by Grand Lodge shall stand as the judgment of the Grand Lodge. The finding and recommendation of the Commissioners shall be subject to correction or review by the Grand Lodge, who may order a new trial or otherwise dispose of the case.
  • (j) A Brother aggrieved by the failure of a Lodge to determine that the accusation requires investigation may appeal to the Grand Master, who may, in his discretion, cause the accusation to be transmitted through the Grand Secretary to the Judge Advocate, who shall thereafter proceed in the same manner as above provided.

Earlier Revisions

  • GC1843: This revision contains a substantially different text regarding procedure, trial and appeal, found in Part Third, 4:1 (IV-637).
  • GC1918: Section 513, 1918-393; In this revision, the text is different, though the procedure and details are largely the same.
  • GC1930: Section 512, 1930-145; In this revision, the text is different, though the procedure and details are largely the same.
    • On 09/09/1936, the last sentence of section (g), which deals with testimony of witnesses, was amended to read: "Other witnesses shall be duly sworn before their testimony is taken or stenographer for the Commissioners or the respondent, provided that such stenographer is a Mason." (1936-168)

References

  • IV-37, 09/13/1826; see section above.
  • V-87, 09/09/1846: refers to a trial held by St. John's Lodge of Br. John H. Lord, noting that "If a man is accused of many offences a just Tribunal will only punish him for those of which he is found Guilty. Freemasons should always be just, but it is their peculiar characteristic that while measuring out justice they are never unmindful of charity and mercy." The length of suspension recommended by the Grand Lodge committee was rejected, but a further vote assigning him a different period was adopted.
  • 09/09/1846 and 10/14/1846 refer to the case of the clandestine United Brethren Lodge in 1846.
  • VII-306 (12/10/1869) refers to proceedings by Jerusalem Lodge against a member who was convicted of certain offenses and discharged from membership. The Grand Lodge confirmed that the Lodge acted properly and referred it back to the lodge.
  • VII-363 (06/09/1869) refers to proceedings by Mount Zion Lodge against a member, but irregularity was noted. The committee report found problems with the process, but as the defendant pled guilty, "is therefore not now entitled to maintain such objections as to have them interposed in his behalf. In the hope that the observations herein submitted may lead to greater care and caution on the part of the Lodges in such proceedings, your committee recommend that the sentence . . . be confirmed."
  • 1870-119 refers to a trial held in http://masonicgenealogy.com/MediaWiki/index.php?title=Pacific2 Pacific] Lodge against a particular Brother, but details a number of ways in which the proceedings were contrary to established procedure; the Grand Lodge refused to endorse the outcome.
  • 1869-26, 1869-64, 1871-82, 1872-138, 1873-82, 1873-139, 1873-146, 1874-42, 1874-44, 1875-24, 1875-106, 1876-124, 1887-19, 1901-19, 1916-861, 7MFM-321, 8MFM-66, 10MFM-67, 12MFM-354, 12MFM-384, 18MFM-352, 23MFM-192
  • 1874: 72
  • 1876: 11, 12, 13
  • 1878: 49, 87
  • 1900: 203
  • 1901: 26
  • 1910: 47
  • 1918: 323
  • 1934: 121
  • 1989: 96

Sec. 513. TRIALS: IMPEACHMENT OF MASTER

Any five members of a Lodge, its District Deputy Grand Master, as the case may be, may impeach the Master of said Lodge before the Grand Master, who shall conduct such investigation of the charges as he determines appropriate; and if, in his opinion, they are well founded and of a character to justify the proceeding, may suspend the accused Master of such Lodge from his office and/or summon him to appear for trial before said Commissioners or such special Commissioners as the Grand Master may appoint. The foregoing rules, as far as the same shall be practicable, shall be observed in the trial of the Master of a Lodge before such Commissioners.

Earlier Revisions

  • Committee report on the 1843 National Masonic Convention:, IV-609, 09/10/1843: "The Committee fully agree with the Convention, that a subordinate Lodge has not the right to try its Master, but that he is amenable to the Gd. Lodge alone, and would therefore recommend a concurrence with this resolution."
  • GC1843: Part Third, 4:2, IV-638; "It shall not be competent for a Lodge to try its master. Any five members of the Lodge, or the District Deputy Grand Master, may, however, impeach him before the Grand Master, who shall order an investigation of the charges; and if, in his opinion, they are well founded, and of a character to justify the proceeding, he may suspend the delinquent and sum[m]on him to appear at the ensuing meeting of the Grand Lodge, to show cause why he should not be dealt with according to the regulations and usages in such cases established."
  • GC1918: Section 514, 1918-395
  • GC1930: Section 513, 1930-148

References

  • VII-159 (1867-21), 06/12/1867, refers to the suspension of the Master of Berkshire Lodge by the Grand Master, confirmed by a vote of the Grand Lodge. This brother was called before the Grand Lodge to answer the charges on 09/11/1867, VII-175; and after a report on this suspension, he was expelled on 12/11/1867, VII-205.
  • 1873-40, 1873-115, 20MFM-151, 20MFM-331
  • 1876: 13

Sec. 514. TRIALS: EXPENSES OF COMMISSIONERS

The Commissioners shall receive for their services and for necessary expenses in each case such compensation as the Grand Master shall determine and allow upon the certificate of the Commissioners.

Earlier Revisions

References

  • 1876: 14

Sec. 515. TRIALS: ORIGINAL JURISDICTION IN GRAND LODGE

Nothing herein contained shall be deemed to prevent the Grand Lodge from taking original jurisdiction in any case and proceeding according to any method which it may adopt, provided, however, that no action shall be taken against any Brother whose address is known without reasonable notice to him and an opportunity to appear and be heard in person or by Masonic counsel.

Earlier Revisions

References

  • 09/09/1846 (V-92) refers to the case of the clandestine United Brethren Lodge in 1846.
  • 1927:31,70

Sec. 516. EFFECT OF DISCIPLINE IN OTHER MASONIC BODIES

An expulsion or suspension of a Brother from its membership by any Masonic body other than a Grand Lodge having jurisdiction over such Brother shall not operate as an expulsion or suspension from Masonry or from the Lodge of which he is a member, except that any Lodge may, for cause, suspend such Brother from its membership.

Earlier Revisions

  • GC1843: Part Third, 4:3, IV-639; "An expulsion or suspension of a Brother from a Royal Arch Chapter or an Encampment of Knights Templars, shall not operate as an expulsion or suspension from the Lodge of which he is a member."
  • GC1918: Section 517, 1918-396; In this revision, the last sentence includes the phrase "any Lodge may, for cause, discharge or suspend such Brother from its membership."
  • GC1930: Section 516, 1930-149; In this revision, the text is the same as GC1918.

References

  • IV-652: Unclear how this applies.
  • V-330, 06/12/1851, refers to the report on the "Supreme Council of the 33°, Southern Jurisdiction" in Louisiana, forming itself into a Grand Lodge, with which the Grand Lodge of Massachusetts refused to hold any Masonic communication, considering it clandestine.
  • VI-367, 03/13/1861, refers to a report of a committee regarding proceedings in King Solomon's Lodge on the separation of a Brother from the lodge, alleging that he was the cause of numerous black balls cast in ballots for applicants. It was concluded that "this G. Lodge has no jurisdiction over the membership of members in subordinate Lodges. . . In accordance with this principle this G. Lodge has heretofore refused to interfere with the just and proper prerogatives of subordinate Lodges in the respect."
  • 1869-46, 1882-86, 1886-121, 26MFM-148, 1916-533, 1916-576, 1MFM-33
  • 1876: 10, 13, 14
  • 1878: 49, 87
  • 1895: 127, 220
  • 1974: 175
  • 26M.F.M. 148

Sec. 517. RESERVATION TO GRAND LODGE

No Lodge shall expel or suspend a member from the rights of Masonry.

Earlier Revisions

  • GC1843: Part Third, 4:4, IV-639; "No Lodge under this jurisdiction shall suspend or expel a member from the rights of Masonry, for non-payment of dues. The penalty for such delinquency, shall be forfeiture or suspension of membership."
    • Amended 06/11/1856, by inserting the word "highest" before "penalty" in the second sentence. (VI-26)
  • GC1918: Section 518, 1918-397
  • GC1930: Section 517, 1930-149

References

  • VI-118, 06/10/1857, report of the Committee on By-Laws: "The Com. are aware that every Brother is bound to observe all Laws — Rules & Regulations of the Lodge of which he may be a member — but the infringement of these regulations cannot be punished further than a forfeiture of Membership, which is undoubtedly all that was intended, and should be so expressed. The Lodge itself can go no further — If however the offence be of such magnitude as to deserve Suspension or Expulsion, then a regular trial must be had in conformity with the Constitution of Gd Lodge and sent up to that Body for final action."
  • 1870-165 refers to a review of the by-laws for a lodge applying for a charter; the section that reads 'Any member who shall slander or abuse a Brother, or speak disrespectfully of the Craft,' &c, and defining the punishment. Your committee would amend, as a guide to the Lodge, by adding the words, 'in accordance with Article 4, page 25, Grand Constitutions.'
  • 1866-39, 1869-128, 1872-20, 1872-289, 1873-13, 26MFM-257
  • 1876: 14
  • 1914: 177

Sec. 518. NOTICE OF DISCIPLINE

Suspension from membership shall not be imposed until the Brother has been duly notified of the time when and place where action will be taken in his case. If his residence is unknown, no notice shall be required.

Earlier Revisions

  • GC1918: Section 519, 1918-397; "Discharge or suspension from membership shall not be imposed until the Brother has been duly notified of the time when, and place where. action will be taken in his case. If his residence is out of the jurisdiction of this Grand Lodge, or unknown, no notice shall be required."
  • GC1930: Section 518, 1930-149; In this revision, the text is the same as GC1918.

References

  • 1860-5, 1861-10, 1872-21, 1916-533, By Laws VI
  • 1872: 118, 246
  • 1873: 13
  • 1876: 14
  • 1974: 176

Sec. 519. UNSPECIFIED PENALTIES

A Lodge or Brother offending against any Landmark, law, regulation, or ancient established custom or usage of the Craft or of this Grand Lodge, to the breach of which no special penalty is attached, shall, at the discretion of the Grand Lodge, be subject to admonition, reprimand, suspension, or expulsion.

Earlier Revisions

  • GC1843: Part Fifth, Section 21, IV-652; "A Lodge or Brother offending against any law or regulation of the Craft, or of the Grand Lodge, to the breach of which no penalty is attached, shall, at the discretion of the Grand Lodge, be subject to admonition, suspension, or expulsion."
  • GC1918: Section 520, 1918-397
  • GC1930: Section 519, 1930-149

References

  • 1934: 121

Sec. 520. APPEALS

Any Brother who is aggrieved by a decision or action of any Lodge or other Masonic authority, other than the Grand Master, acting under this jurisdiction, may appeal to the Grand Lodge against such decision or action. The appeal must be made in writing, specifying the particular grievance complained of, and transmitted to the Grand Secretary to be received by him within thirty days after the decision or action appealed from. A notice and copy of the appeal shall also, and at the same time, be sent by the appellant to the party against whose decision or action the appeal is taken.The appeal shall be transmitted by the Grand Secretary to the Board of Commissioners of Trials and dealt with in accordance with the following rules:

  • (a) The Board of Commissioners of Trials shall meet and consider the substance of the appeal. In so doing, they may summons witnesses, consider written exhibits and take such testimony as they deem necessary. Notice of any hearing thereon shall be given by the Grand Secretary to the appellant and the party against whose decision or action the appeal was taken by certified mail, return receipt requested.
  • (b) Hearings may be held at the call of the Chairman, or in his absence, the Chairman pro tempore.
  • (c) All relevant provisions of Section 512 (f) through (i) shall apply to the proceedings.

Earlier Revisions

  • GC1792: Section 9th, Item 3, II-10; "All differences that cannot be accommodated privately or made up in particular Lodges, are to be seriously considered and decided on in Grand Lodge; and if any Brother thinks himself aggrieved by the decision, he may appear at the Annual Grand Lodge next ensuing and

leave his appeal in writing with the Grand Master, Deputy or the Grand Wardens."

  • GC1843: Part Third, 5:1, IV-639; "As the Grand Lodge, when congregated, is a representation of every individual member of the Fraternity, it necessarily possesses a supreme superintending authority, and power of finally deciding on every case which concerns the interests of the Craft. any Brother, therefore, who may feel aggrieved by the decision of any Lodge, or other Masonic authority, acting under this jurisdiction, may appeal to the Grand Lodge against such decision. The appeal must be made in writing, specifying the particular grievance complained of, and be transmitted to the Grand Secretary, ten days, at least, before the ensuing meeting of the Grand Lodge. A notice and copy of the appeal must also, and at the same time, be sent by the appellant, to the party against whose decision the appeal is made."
  • GC1918: Section 521, 1918-397; "Any Brother, who may feel aggrieved by the decision or action of any Lodge, or other Masonic authority, acting under this jurisdiction, may appeal to the Grand Lodge against such decision or act. The appeal must be made in writing, specifying the particular grievance complained of, and transmitted to the Grand Secretary to be received by him within thirty days after the decision or act appealed from. A notice and copy of the appeal shall also, and at the same time, be sent by the appellant to the party against whose decision or act the appeal is taken."
  • GC1930: Section 521, 1930-150; In this revision, the text is the same as GC1918.

References

  • 1868-59, 6MFM-225, 7MFM-321, 23MFM-192
  • VII-279 refers to the inaugural address of Grand Master Gardner, 12/28/1869: "The Grand Lodge is the Supreme Court of Appeal in all Masonic cases: and may be addressed by appeal, petition,

or memorial, Inasmuch as it is the governing power in Masonry, the high court of last resort, every facility should be afforded to the members of the craft, and to its subordinates, to lay their grievances and complaints before it in accordance with the constitutions, and to give them patient hearing."

  • 1878: 88
  • 1918: 125

Sec. 521. EFFECT OF DISCIPLINE, OR OF REINSTATEMENT OR RESTORATION BY GRAND LODGE

A Brother who is suspended or expelled by the Grand Lodge from the rights and privileges of Masonry thereby loses absolutely his membership in any Lodge in this jurisdiction to which he then belongs. Whenever the Grand Lodge reinstates a suspended Brother or restores an expelled Brother to the rights and privileges of Masonry, he shall not thereby be restored to membership within any Lodge of which he was formerly a member without its consent expressed by ballot as provided in Section 422 upon an application for membership, but shall have the status of a demitted Brother, except that when such suspension or expulsion is for non-payment of dues he may be readmitted to membership in his former Lodge by a majority vote in the manner provided in Section 507.

Earlier Revisions

  • GC1843: Part Third, 5:2, IV-640; "Whenever this Grand Lodge shall reverse or abrogate the decision of a subordinate Lodge, suspending or expelling a Brother, and shall restore him to the benefits and privileges of Masonry, he shall not thereby be restored to membership within the body from which he was suspended or expelled, without its unanimous consent."
  • GC1918: Section 522, 1918-398; "A Brother who is expelled or suspended by the Grand Lodge from the rights and privileges of Masonry thereby loses absolutely his membership in any Lodge to which he then belongs. Whenever the Grand Lodge shall restore to the rights and privileges of Masonry an expelled or suspended Brother, he shall not thereby be restored to membership within any Lodge of which he was formerly a member without its consent expressed by ballot upon an application for membership, but shall have the status of a dimitted Brother."
  • GC1930: Section 521, 1930-149; In this revision, the text is the same as GC1918.
    • On 09/09/1936, this section was amended by appending the following sentence: "Except that when such expulsion of suspension is for non-payment of Grand Lodge dues, he may be restored to Lodge membership by a majority vote in the manner provided in Section 507." (1936-171)

References

  • 1857-27, 1878-44, 1878-87, 1911-134, 1913-85, 1915-266, 1915-372, 3MFM-119
  • 1911: 134 1931:36

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