En:Masonic Jurisprudence

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INSTITUTES or MASONIC JURISPRUDENCE. ON THE VALUE OE MASONIC PUBLICATIONS

Source: Google Books BY THE EEV. JOHN OSMOND DAKEYNE, M.A.

The following Extract is copied from the Freemasons' Quarterly Review, for June, 1844, from the Speech of the Rev. J. Osmond Dakeyne, delivered on the occasion of his presiding at the Masonic Festival of the Oliver Testimonial at Lincoln, on the 9th of May, 1844.

"I need not tell you. Brethren, what Freemasonry is: before I was initiated, now some twenty years ago, I had read a good deal about what it is not. I allude to a book published by Professor Robison, of Edinburgh, towards the close of the last century, entitled, 'Proofs of a Conspiracy,' &c, in which he, with great ingenuity and considerable ability, endeavoured to connect Freemasonry with the worst features of the illuminati, &c, of the Continent. He was kind enough to say that he thought Masonry in England was, in some degree, free from the charges he had brought against it. And what were those charges? That we were disloyal, irreligious, and conspiring to overturn all sacred and settled institutions! This book made a great impression ; but that impression is removed. And how? By these books which lie before me !—[Great cheering as the Rev. Brother then held up splendidly bound copies of Dr. Oliver's Masonic Works.] These have dissipated for ever the accusations brought against our Craft. Disloyal/ Why, at the very moment when Professor Robison published his book, who were the heads of our Order? The chivalrous Earl of Moira, George Prince of Wales, and Edward Duke of Kent! Disloyal/ Was not George the Fourth our Grand Master? Was not William the Fourth our Brother and 'Patron? Our last Grand Master was a Royal Duke. The Duke of York was one of the Brotherhood. The King of Hanover is a Freemason! Would all these princes have belonged to a disloyal society? Are we conspirators to overthrow settled institutions? Who is the present head ^of the army? The Duke of Wellington! Ay, the Duke of Wellington is a Freemason! Are we irreligious? The Archbishop of Canterbury, the Primate of all England, is a Freemason, and was once Master of a Bristol Lodge! But I need not pursue these points; but sure I am that neither I nor my Rev. Brothers near me would be present were it possible to bring any such charges to bear against us. These facts, and above all these books, have set our order in its true light. And who wrote these books? Our friend and Brother and guest, whom we are now assembled to honour? They are the witnesses to his exertions—they are the vouchers for his services. Our Brother Goodacre has aptly alluded to the spreading of Masonry in the East, and, indeed, over the world. Wherever our principles have gone, thither also has passed the name of Dr. Oliver, the historian and the sage of Masonry : and contributions to this offering from the distant climes prove in some measure that his labours are not unrecognized."

%* See the end of this Volume for a list of Dr. Oliver's Worlcs on Freemasonry.

METHODICALLY DIGESTED UNDER APPROPRIATE HEADS; TOGETHER WITH A SUMMARY VIEW

OF

BY THE

REV. G. OLIVER, D.D.

A FAST DEPUTY GRAND MASTER, AND HONORARY MEMBER OP NUMEROUS LODGES AND LITERARY SOCIETIES IN EVERY QUARTER OF THE GLOBE.

Indocti discant, et ament meminisse periti.

LONDON:

R. SPENCER, 26, GREAT QUEEN STREET,

OPPOSITE THE FREEMASONS' HALL; NEW YORK: R. MACOY, 29, BEEKMAN STREET. 1859.

Preface

The Jurisprudence of Freemasonry, like its legends, ceremonies, and doctrines, is not of modern growth, but has been handed down to us from time immemorial in a series of Charges and Constitutions, which so early as the 10th century were denominated "ancient." At that period Prince Edwin, Grand Master, under the authority of a charter from his brother Athelstan, collected all the ancient records of Masonry then existing in several languages; and from them a committee of his Grand Lodge were authorized to frame a code of laws and regulations,- which are usually acknowledged as the Constitutions of Athelstan, or the old York Constitutions, andforni the chief foundation of our present Masonic "Institutes." Dr. Anderson affirms, and the fact has been promulgated under the express sanction of the Grand Lodge, that "the Freemasons had always a book in manuscript called the Book of Constitutions, of which several very ancient copies still remain, and they contain not only the charges and regulations of Masonry, but also the History of Architecture from the beginning of time."

This primitive fabric of Masonic law, however, has been modulated at different periods, and sus tained various alterations, to meet the exigencies of an advancing intelligence, and to embody progressive discoveries in science and art by which mankind have been periodically enlightened. These improvements were considered absolutely necessary to preserve the buoyant position of the society, amidst a host of rivals, whose claims, founded on the broad basis of experimental usefulness, and ostensibly promulgated to supply the wants and necessities of an ever-craving and never-satisfied thirst for knowledge, would else have pushed it off the scene, and changed its reality into a bygone tradition.

To facilitate the study of Masonic Jurisprudence, no specific digest, illustrative of the Constitutions of English Freemasonry, has hitherto been submitted to the Craft. The ground is unbroken— the mine unworked—the tabula rasa without a speck upon its surface. This preliminary attempt, therefore, must be received with great indulgence, because it is scarcely possible for any one person, without some previous record for his guidance, to imagine all the variety of cases which are perpetually springing up to cause a diversity of opinion amongst the fraternity. Non omnia possumus omnes. Fortunately, however, for an inquiry like the present I adopted many years ago, the practice of Csesar Augustus, who, according to Suetonius, "when he read Greek and Latin authors, transcribed such passages as he thought might be serviceable for future application," or, in plain language, he kept a commonplace book, "to be used pro re natd, as occasion might require." On this principle I accustomed myself early in life to keep a diary, in which, amongst other things, I preserved notes of every occurrence in Masonry that I considered worth remembering—nothing was suffered to fall to the ground—and hence an abundance of materials for an undertaking like the present have been accumulating ever since the year 1810, when I first occupied the chair of a lodge, which is the earliest date of my collectanea.

And it may be further remarked, that in the course of my Masonic career I have been placed in situations extremely favourable for such a purpose. Eleven times elected to the chair of a lodge, and never negligent of its duties, added to ten years incumbency of the office of Deputy Provincial Grand Master in an extensive Province, all actively employed, have afforded me not only considerable experience, but also innumerable opportunities of collecting facts and opinions, cases and evidences, of which I did not neglect to avail myself. Besides this, it will be borne in mind that I corresponded with the Freemasons' Quarterly Review, and its successors from 1834 to 1852, inclusive; and although I had no control over the editorial department, yet I was frequently consulted by the editor on questions of discipline and practice, and have generally had the satisfaction to find that my decisions were approved. And for the last thirty years I have been in the constant habit of receiving written communications, not only from brethren in different parts of the United Kingdom, but also from India, America, and other distant countries, requesting my opinion on doubtful and contested points of law and ceremonial observances, all of which have received uniform attention and prompt reply.

Discipline of the Craft

Notwithstanding these advantages, when I was requested some time ago to arrange my memorabilia, and record the results of my Masonic experience for the benefit of the fraternity, in a formal explanation of the laws and discipline of the Craft, I felt disinclined, at my time of life, to respond to the application, although the subject of Masonic Jurisprudence had been so long fermenting in my mind that it had become perfectly familiar to my thoughts and reflections. But still I was not insensible to the difficulties of the undertaking, much less to the criticisms which would inevitably arise from any determination of cases that were of a doubtful character, and on which two hostile opinions actually exist amongst the fraternity.

At length, however, on a full consideration of the subject, and recollecting the regret which I myself often felt in the early part of my Masonic career at the want of some authentic book of reference—miser a est servitus ubi jus est aut vagum out incognitum —I at length gave a reluctant consent to the undertaking. I use the word "reluctant" advisedly, for whatever, by the blessing of God, may be the mental acumen of an octogenarian, his physical powers will scarcely bear the strain which at an earlier period of life they would sustain with ease and pleasure.

But to close these brief personal sketches, which have been introduced simply as an explanatory statement, it must be evident to every considerate brother who has bestowed any attention on the working of the Craft, that, after all, it is absolutely impracticable to meet every case that can possibly arise, because new instances of a divided opinion on controverted subjects are of daily occurrence in the extensive dominion of Masonry; but it is anticipated that most of them will be found, on mature investigation, to be applicable to some or other of the classes into which the subject has been arranged. And it is confidently hoped that a lucid and satisfactory view of the bearings of every law contained in the English Book of Constitutions will be found embodied in the work; for it has been constructed on the simple principle of combining perspicuity with such a facility of reference as may be easily comprehended by every inquirer who is earnestly desirous of discovering the truth.

It will be seen that in illustrating the principles of Masonic Jurisprudence, I have adopted an ascending scale. Before a brother can understand the art and mystery of governing a lodge, he must know how to form it, and to convert the materials of which it consists to the best account. I have therefore taken the subjects as they rise, from the first moment of light to the full development of lodge diplomacy. Thence to the purple, and through the interesting routine of subordination and command which characterize the proceedings of the highest tribunal in Masonry. By this process, every teachable brother may trace his upward course as in a map, and, by the acquirement of knowledge, and the habitual practice of duty, may quietly pass on from lesser things to greater, until he has attained the summit of his Masonic ambition.

"Blue Lodges"

This arrangement was the result of serious and mature deliberation; but after determining, in conformity with the genius of the institution, to treat the subject Koto, rpia, I found the distinctive names of the three main divisions not so easily decided. I might have designated them ceremonial, legislative, and capitular; or subordinate, governing, and sublime; or symbolical, grand, and royal: but none of these appeared to be perfectly unobjectionable, and at length I determined to name them according to the actual colours of each division. I may be told that the term "Blue Lodges" is not applicable to English Freemasonry; to which I answer, that however true this may be, the phrase is a good one and ought to be adopted, for the colour, if not the word, is pure Masonic English; and as the badges and decorations of our lodges are uniformly either blue, purple, or crimson, the distinctive names, with the strictest propriety, should be correspondent with the fact.

An illustrative essay might easily have been written on every clause in the Statute Book, for, as Sterne truly observes, every individual law might be "converted into a thesis or an hypothesis: every thesis and hypothesis have an offspring of propo sitions, and each proposition has its own consequences and conclusions, every one of which leads the mind on again into fresh tracts of inquiries and doubtings." On this principle a discussion of the laws of Masonry extending to all the minutiae which naturally radiate from them, would require a bulky tome; but such an amplification, in point of real utility, would defeat itself, for few brethren would be inclined to undertake the herculean task of wading through it.

My present design is less pretentious; and as brevity has been pronounced to be the soul of wit—quidquid prcecipies, esto brevis—I have studiously curtailed my observations, for the purpose of condensing an analysis of the operation of Masonic Jurisprudence into such a convenient compass as may be easily referred to with the certainty of obtaining an immediate and intelligible view of any material question that may arise; although wherever a doubtful or contested subject has presented itself, I have not shrunk from the responsibility of discussing the question freely and fully in all its points and bearings; and in some instances my opinions have been corroborated and supported by a reference to corresponding laws and customs which prevail amongst our brethren under other jurisdictions, as they are enunciated in their several Books of Constitutions. Indeed, I am not aware that any species of evidence has been overlooked which may contribute to throw a light on disputed questions of Masonic Jurisprudence.

I cannot close this brief explanation of my motives without distinctly averring that I am far from instituting any claim to infallibility, by insisting on the perfect accuracy of every decision which the book contains. In all cases I have faithfully recorded my own opinion by a simple reference to the plain grammatical sense of the law according to the rules of literary construction; for this is not a work of fancy, but of fact; and while I candidly acknowledge that it may, in a few solitary instances on which adverse opinions are already entertained, he pronounced erroneous by a section of the Craft, I can confidently affirm that in approaching the consideration of any particular subject, I have neither been influenced by party feelings, nor have purposely disguised or perverted the truth with a design of flattering the prejudices or condemning the expressed opinions of any person whatever; for at my time of life Masonic rewards or punishments are equally inoperative. I neither fear the one nor desire the other; my aspirations being directed to another and a better state of existence, where I may hope to see face to face those sublime secrets which I now only behold as ii a glass darkly.

And, therefore, if any of my decisions should be questioned, which is not improbable, as I have used none of the meretricious subtleties of special pleading "to make the worse appear the better reason," I sincerely hope and trust that the reader will judge with candour, and criticise in the spirit of kindness and brotherly love, under a confident belief that the errors—if errors there be—spring from a defective judgment, and not from premeditated inaccuracy.

Few disputants are capable of seeing more than one side of a question. Ask the Calvinist what, in his opinion, is the chief aim of the Sacred Volume, and he will undoubtedly answer that it is a revelation of unconditional election and reprobation. He is blind to everything else. In like manner the Evangelical Christian finds nothing there but Faith; and the man with little vital religion, whose morals are irreproachable, sees good works only.

In politics the same idiosyncrasy prevails; and in Freemasonry one portion of the Craft will contend that it is a Christian institution, while another as confidently assert that it is cosmopolitical, and repudiates all religions alike; and much has been said on both sides of this controverted question. How then can I reasonably expect that my lucubrations, how carefully soever they may have been compiled, should be allowed to pass without an adverse remark, amidst the conflicting opinions which exist amongst the fraternity on the laws, the discipline, and doctrines of an unexplained science?

It may however be fairly anticipated that the book will be of essential utility to the Craft; for it will undoubtedly be eagerly read, attentively marked, and inwardly digested. Every living Mason will, at one time or another, feel himself under the necessity of consulting its pages; for it is a sound policy that every individual brother should be acquainted with the laws of Masonry; and no lodge or Masonic library can be perfect without it as a perpetual book of reference. Many will read for information, some out of curiosity, and others to discover imperfections; but it will assuredly be perused by the entire Craft, under one pretext or another; and therefore cannot fail to bring forth fruit for the general benefit of the society.

Store of genuine Masonic knowledge

It will furnish the brethren with an easy method of attaining a store of genuine Masonic knowledge'; and the facility of reference afforded by its Table of Contents will enable any one who is possessed of common industry, not only to become an expert Masonic legist, but to conduct the proceedings of a lodge with credit to himself and benefit to the society. And if, with this manual at his command, any brother should hereafter stray from the direct path of legal propriety, he must not complain if he be called on to suffer the consequences of his negligence.

The better a man knows his duty the more likely he will be to discharge it honestly and well. Let the most anti-progressionist amongst us refute this proposition if he can. And where the duties of a lodge are satisfactorily managed, a twofold purpose is accomplished—on the one hand the institution prospers, and on the other it becomes respected beyond the limits of its local operation. Such a publication as this has long been wanted to direct the brethren into the right path, and it will not be recklessly cast aside now it is placed within their reach. I await, therefore, the verdict of the fraternity on its merits or its faults with all the confidence which naturally arises from the long and uninterrupted continuance of favour and commendation that have heen uniformly extended by kind and sympathizing brethren to my ceaseless efforts for promoting the efficiency of the Craft and widening the dominion of "mysteries that purify and not deprave."

I cannot close my preface without acknowledging how much I am indebted to Brother Stephen Barton Wilson, Past J.G.W., for his kindness in perusing the MS.; and for the pains he has taken in rectifying mistakes and suggesting useful improvements. A few other learned brethren, personal friends of my own, have also favoured me by reading portions of the MS., and have furnished some judicious hints of which I have gladly availed myself. To each and all of these worthy brethren my thanks are due; and I entreat them to believe that I am sincerely grateful for their co-operation and assistance during the progress of this most arduous undertaking.

GEO. OLIVER.

Villa Koad, Nottingham.

Jan. 1, 1859.