CHAPTER I.

J^lasontc Crimes,
It is peculiar to the subject which is now about to be treated, that the division of wrongs made by the writers on municipal law, into private wrongs, or civil injuries, and public wrongs, or crimes and misdemeanors, is not admissible in, or applicable to, the system of Masonic jurisprudence. In Masonry, every offence is a crime, because, in every violation of a Masonic law, there is not only sometimes an infringement of the rights of an individual, but always, superinduced upon this, " a breach and vio- lation of public rights and duties, which affect the whole community [of the Order], considered as a community," and this is the very definition of a crime, as given by Sir William Blackstone.*
When a Mason transgresses one of the laws of his country, he commits a wrong which, according to its enormity and the effect which it has on private or public rights, will, in the language of the muni' cipal law, be denominated an injury, a misdemeanor, or a crime, and he will, in a well ordered state, re
* Blacxstone, B. III. chap. i.
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ceive the punishment which is due to the character of the offence that he has committed. If the injury be simply one committed against an individual, the court will look only to the amount of injury done to the individual, and will require no compensation for wrong done to the state.
But although the tribunals of the country may have inflicted adequate punishment, so far as the offended law of the state is concerned, a Mason is still liable to further punishment from the Order, of which he is a member. And this punishment will be determined, not simply by the amount of injury done to the individual, but also on the principle that some wrong has likewise been done to the Order ; for it is a settled axiom of Masonic law, that every offence which a Mason commits is an in- jury to the whole fraternity, if in nothing else, at least in this, that the bad conduct of a single mem- ber reflects discredit on the whole institution. And this idea appears to have been early entertained, for we find one of the articles of the old Gothic Constitutions declaring that a Mason shall harbor no thief or thief s retainer, lest the croft should come to shame. And again, in the same document, the Master is directed to guard his Apprentice against the commission of perjury, and all other offences, by which the craft may he brought to shame. The shame, therefore, that is brought upon the institu- tion by the misdeeds of its members, is an impor- tant element to be considered in the consideration of every Masonic offence. And hence too, in view
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of the public injury that every Mason inflicts upon the Masonic community, when he transgresses the municipal law, we arrive at the principle that all penal offences are crimes in Masonry : That is to say, that all private wrongs to an individual are public wrongs to the Order.
There is, however, a division of Masonic offences which is well worthy of notice ; for, as the civil law made a distinction between the juris prcecepta, or precepts of the law, which were without any temporal punishment, and the juris regular, or rules of law, which were accompanied with a penalty, so the laws of Masonry may be divided into directive precepts and penal regulations, the former being ac- companied with no specified punishment, and the latter always containing a penal sanction. Of the latter, no example need be at present adduced ; but of the former, we will find a well known instance in the old Charges approved in 1722, where it is said that every Mason ought to belong to a Lodge, while no penalty is affixed for a violation of the precept.
The directive precepts of the Order are to be found partly in the old Constitutions and partly in the ritual, where they are constantly occurring as indications of what should be done or omitted to form the character of a true and trusty Mason. As they constitute rather the ethics than the law of Masonry, they can be considered in the present work only incidentally, and so far as, in particular cases, they are connected with, or as they illustrate a penal regulation.
502 MASONIC CRIMES.
The first class of crimes which are laid down in the Constitutions, as rendering their perpetrators liable to Masonic jurisdiction, are offences against the moral law. " Every Mason/7 say the old Charges of 1722, " is obliged by his tenure to obey the moral law." Now, this moral law is not to be considered as confined to the decalogue of Moses, within which narrow limits the ecclesiastical writers technically restrain it, but rather as alluding to what is called the lex natures, or the law of nature. This law of nature has been defined by an able, but not recent writer on this subject, to be " the will of God, re- lating to human actions, grounded on the moral differences of things ; and because discoverable by natural light, obligator}^ upon all mankind.77* This is the " moral law,77 to which the old Charge already cited refers, and which it declares to be the law of Masonry. And this was wisely done, for it is evi- dent that no law less universal could have been appropriately selected for the government of an in- stitution whose prominent characteristic is its uni- versality. The precepts of Jesus could not have been made obligatory on a Jew ; a Christian would have denied the sanctions of the Koran ; a Moham- medan must have rejected the law of Moses ; and a disciple of Zoroaster would have turned from all to the teachings of his Zeud Avesta. The universal
* Grove, System of Moral Philosophy, vol. ii. p. 122. London, 1749, Dr. Conybeare' says, that " the law or religion of nature is so called, either because it is founded in the reason or nature of things ; or else be- cause it is discovered to us in the use and exetcise of those faculties which we enjoy.*'— Defence of Revealed Religion, p 11.
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law of nature, which the authors of the old Charges have properly called the moral law, because it is, as Conybeare remarks, " a perfect collection of all those moral doctrines and precepts which have a foundation in the nature and reason of things/' is therefore the only law suited, in e^ery respect, to be adopted as the Masonic code..
Writers on this subject ha.ve given to this great moral law of nature three characters, which make it still more appropriate as a system for the govern- ment of a universal, ancient and unchangeable insti- tution ; for it is said in the first place to be eternal, having always existed — an " aeternum quidclam," as Cicero calls it — an eternal something, coeval with God. Next, it is universal ; all mankind, of every country and religion, being subject to it, whence the Roman historian appropriately calls it "jus hominum," or the law of men. And lastly, it is im- mutable, which immutability necessarily arises from the immutability of God, the author of the law.
This moral law of nature being the code adopted for the government of the Masonic fraternity, it is proper that some inquiry should be made into the nature of the duties which it enjoins, and the acts which it prohibits.
And, in the first place, the very existence of the law implies the existence of a Supreme Power, who must have enacted it, and of a responsibility to him for obedience to it. And hence the same charge which commences by declaring that a Mason is oound to obey the moral law, continues the precept
504 MASONIC CRIMES.
by asserting, that if he rightly understands the art, he will never be a stupid atheist, nor an irreligious libertine. Atheism, therefore, which is a rejection of a Supreme, superintending Creator, and irreli- gious libertinism, which, in the language of that day, signified a denial of all moral responsibility, are offences against the moral law, because they deny its validity and contemn its sanctions ; and hence they are to be classed as Masonic crimes. This is the only point of speculative theology with which Masonry interferes. But here it is stern and un- compromising. A man must believe in God, and recognize a moral responsibility to him, or he can- not be made a Mason ; or, if being made, he subse- quently adopts these views, he cannot remain in the Order.
Again : the moral law inculcates love of God, love of our neighbor, and duty to ourselves.* Each of these embraces other incidental duties which are obligatory on every Mason. Thus, the love of God implies that we should abstain from all profanity and irreverent use of his name. The being whom we truly love, we cannot treat with disrespect. I know indeed of no offence more directly opposed to the whole spirit of the institution than a profane
* It is singular how, without any concert, the writers on natural law arrive at precisely the same results which are to be found in our old Charges and Constitutions and ritual precepts. Grove says, " The three prime laws deduci'ole from hence are the love of God, the love of our fellow-crea- tures, and the regular management of our self-Iove.': — Mor. Phil. ii. 190. Now, compare this with the Charge to an Entered Apprentice : " There are three great duties which as Masons you are charged to inculcate — to God, your neighbor, and yourself." — Webb, p. 45.
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use of that holy name, which is the most important feature of the system of Masonry, as the all-pervad- ing symbol of that Divine truth which it is the pro- fessed object of every Mason to discover. Profanity in a Mason, therefore, while it is an insult to the majesty of our Maker, is also an irreverence for the religious design of the Masonic science, and as such is a Masonic crime.
Universal benevolence, which Bishop Cumberland calls " the prime law of nature," is the necessary re- sult of love of our neighbor. Cruelty to one's in- feriors and dependents, uncharitableness to the poor and needy, and a general misanthropical neglect of our duty as men to our fellow, beings, exhibiting itself in extreme selfishness and indifference to the comfort or happiness of all others, are offences against the moral law, and therefore Masonic crimes. Job, in one of his affecting remonstrances, has beautifully enumerated the vices which flow from a want of sympathy with our fellow-beings, any one of which would, if committed by a Mason, be a fit- ting cause for the exercise of Masonic discipline. " If I have withheld the poor from their desire, or have caused the eyes of the widow to fail ; or have eaten my morsel myself alone, and the fatherless have not eaten thereof ; if I have seen any perish for want of clothing, or any poor without a cover- ing ; if his loins have not blessed me, and he were not warmed with the fleece of my sheep, then let evil overtake me."*
* Job. chap. xxxi. 16-20.
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506 MASONIC CRIMES.
Justice, which the civil law defines to oe " a con- stant and prevailing desire to give every one his just due,"* is another necessary result of love of our neighbor. As one of the cardinal virtues, the can- didate is instructed in the ritual of the first degree *; never to deviate from its minutest principles." Injustice, therefore, in every form in which one man can do wrong to another, is a violation of the moral law, and a Masonic crime.
Lastly, from our duty to ourselves result all those virtues, the practice of which enables us to discharge the obligations we owe to society, our family, and our friends. In neglecting this duty, by abusing the bounties of Providence, by impairing our facul- ties, by irregularity, and debasing our profession by intemperance, we violate the moral law, and are guilty of Masonic crime.
Next to violations of the moral law, in the cate- gory of Masonic crimes, are to be considered the transgressions of the municipal law, or the law of the land. The jurists divide aTl wrongful acts into two classes— mala in se and nala proJiibita. A malum in se — an evil in itself — is that which is uni- versally acknowledged to be such among all civilized men. It is, in fact, a violation of the moral law of nature. Of this class are murder, theft, and similar crimes. A malum prohibitum — a prohibited evil — is that which has been conventionally made so by the enactment of the law ; so that what is malum
* " Justitia est constans et perpetua voluntas jus suum cinque tribuendi."— Just, 1. 1.
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prohibitum in one country, is no evil at all in another. Such, are violations of the game laws in England, or the selling of liquor without a license. Now, of course all mala in se are crimes in Masonic jurisprudence, because they are violations of the moral law. But make prohibita are not necessarily so, and would not be considered as such, if it were not for the relation that the laws of Masonry beai to the laws of the land. Obedience to constituted authority is one of the first duties which is impres- sed upon the mind of the candidate,* and hence he who transgresses the laws of the government under which he lives, violates the teachings of the Order, and is for this cause justly obnoxious to Masonic punishment.
It may appear at first sight to be a violation of the great principles of justice to punish a man a second time for the same offence, and it may there- fore be supposed that when a Mason has once under- gone the penalty of the laws of his country, he should not be again tried and punished in his Lodge for the same crime. But this is not the theory upon which Masonic punishment is inflicted in such cases. When a Mason violates the laws of his country, he also commits a Masonic crime ; for, by his wrong doing, he not only transgresses the Masonic law of obedience, but he also " brings shame upon the
* " In the state, yon are to be a qniet and peaceful subject, true to youi government, and just to your country ; you are not to countenance di-loyalty or rebellion, but patiently submit to legal authority, and conform with cheer- fulness to the government of the country in which you live." — Ciiarge to ar Entered Apprentice. Webb, p. 45.
508 MASONIC CRIMES.
craft/'7 Of this crime the laws of the country take no cognizance ; and it is for this alone that he is to be tried and punished by a Masonic tribunal.
And from this arises an important principle of Masonic law. If A shall have been tried and con- victed of a crime in the courts of his country, charges may be preferred against him in his Lodge for conduct unbecoming a Mason ; and on the trial it will not be necessary to introduce testimony to prove the commission of the act, as was done in the temporal court. It will be sufficient to adduce evi- dence of his conviction, and the fact of this convic- tion will be alone a good reason to render him obnoxious to a Masonic penalty. He has, by the conviction, brought " shame upon the craft," and for this he shall be punished. It is true that there may be cases in which it is apparent that the conviction in the court was an unjust one, or there may be pal- liating circumstances, which, without affecting the results in law, would tend greatly to mitigate the heinousness of the transaction. But the burthen of showing these palliating or mitigating features will lie upon the accused. Unless he can show cause to the contrary, he must be punished for having, by his bad conduct, brought censure and reproach on the fraternity.*
* " Masons," said the Grand Orator of Texas. (Bro. James B. Likens) in 1856, " should so live and act as to be far above the taint of moral re- proach, and their course should be such as to reflect bright lustre upon the principles they profess, that our institution may increase in the esteem of the good, and an eternal silence be imposed on the envenomed tongue of igno- rant and malicious opposition." It is for disobedience to this wholesome precept that the v»rong-doing Mason must be punished.
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But these remarks are only applicable to convic- tions of crimes which are of an infamous or igno- minious character ; for, where the offence is not against the moral law, but is simply a malum pro- hibitum, or is not of such a nature as to bring with it loss of reputation to the offender, then the Ma- sonic Order will, in most cases, be satisfied that the courts shall vindicate themselves, and will not inter- fere, except in special instances, to exercise Masonic jurisdiction. Thus, in the instance of a simple as- sault, in retaliation for injurious words, where one party only is a Mason, although the municipal law will not consider any words as a justification, and will proceed to conviction, still, as the offence is not infamous, nor the punishment ignominious, and the character of the Order does not need to be vindi- cated, the Lodge will not take cognizance of the act. The simple rule is, that where the crime is not against the moral, as well as the municipal law, the Order will not exercise jurisdiction over the offend- er, unless it is required for the vindication of the character of the institution, affected through the wrong-doing of one of its members.
Again : the Order will take no cognizance of ecclesiastical or political offences. And this arises from the very nature of our society, which eschews all controversies about national religion or state policy.*" Hence apostasy, heresy and schisms, al- though considered in some governments as heinous offences, and subject to severe punishment, cannot
* See the Charges of 1722, vi. 2, ante p. 64
510 MASONIC CRIMES.
become the foundation of a charge in a Masonic Lodge.
Treason and rebellion also, because they are alto- gether political offences, cannot be inquired into by a Lodge ; and although a Mason may be convicted of either of these acts in the courts of his country he cannot be masonically punished ; and notwith standing his treason or rebellion, his relation to the Lodge, to use the language of the old Charges, remains indefeasible.*
Lastly, in reference to the connection of the laws of the land with those of Masonry, it must be stated that an acquittal of a crime by a temporal court does not relieve a Mason from an inquisition into the same offence by his Lodge ; for acquittals may be the result of some technicality of law, or other cause, where, although the part}^ is relieved from legal punishment, his guilt is still manifest in the eyes of the community ; and if the Order were to be controlled by the action of the courts, the character of the institution might be injuriously affected by its permitting a man who had escaped without honor from the punishment of the law, to remain a mem- ber of the fraternity. In the language of the Grand Lodge of Texas, " an acquittal by a jury, while it may, and should, in some circumstances,
* This doctrine is explicitly set forth in the old Charges approved in 1722, chap. ii. See ante p. 56. The wisdom of this Regulation will be apparent when we consider Jiat if treason and rebellion were Masonic crimes, almost every Mason in the United Colonies, in 1776, would have been subject to ex- pulsion, and every Lodge to a forfeiture of its warrant by the Grand Lodges ol England and Scotland, under whose jurisdiction they were at the time.
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have its influence in deciding on the course to be pursued, yet has no binding force in Masonry. We decide on our own rules, and our own view of the facts. "*
The last class of crimes which are cognizable by a Masonic tribunal, are violations of the Landmarks and Regulations of the Order. These are so nume- rous that space cannot be afforded for even a bare catalogue. Reference must be made only to a few of the most important character.
A disclosure of any of the secrets which a Mason 11 has promised to conceal and never reveal," is a heinous crime, and one which the monitorial lec- ture of the first degree expressly says, " would sub- ject him to the contempt and detestation of all good Masons."t
Disobedience and want of respect to Masonic su- periors, is an offence for which the transgressor subjects himself to punishment.^
The bringing of " private piques or quarrels" into the Lodge is strictly forbidden by the old Charges, and the violation of this precept is justly considered as a Masonic offence.
A want of courtesy and kindness to the brethren,§
* Rep. of Com. on Grievances and Appeals of G. L. of Texas. 1856. Proc. vol. ii. p. 273.
f Webb, p. 42.
X " These rulers and governors, supreme and subordinate, of the ancient Lodge, are to be obeyed in their respective stations by all the brethren .... with all humility, reverence, love and alacrity." — Charges of 1722, chap. iv. ante p. 57.
§ "Every Mason shall cultivate brotherly love."' — Old York Oenstiiuliorts paiut 1. The doctrine is constantly taught in all the old Constitutions.
512 MASONIC CRIMES.
speaking calumniously of one behind his back,* or in any other way attempting to injure him,f is each a violation of the precepts of Masonry, and should be made the subject of investigation.
Striking a Mason, except in self-defence, is a heinous transgression of the law of brotherly love, which is the foundation of Masonry. It is not, therefore, surprising that the more serious offence of duelling among Masons has been specifically con- demned, under the severest penalties, by several Grand Lodges.
The ancient Installation Charges in the time of James II., expressly prohibit a Mason from doing any dishonor to the wife or daughter of his brother ; X but it is scarcely necessary to remark that still higher authority for this prohibition may be found in the ritualistic Landmarks of the Order.
Gambling is also declared to be a Masonic offence in the old Charges.g
As I have already said, it would be possible, but hardly necessary, to extend this list of Masonic offences against the Constitutions and Regulations of the Order. They must be learned from a dili-
* " If a Mason live amiss, or slander his brother, so as to bring the craft to shame, he shall have no farther maintenance among the brethren."— Ibid, point 10.
f " A Mason shall not deny the work of a brother or fellow, but shall deal honestly and truly by him." — Ibid, art. 12.
X ter or servant, nor put him to dis worship." — Anc. Inst. Charges, 5. See ante p. 50.
§ " A Mason must be no common player at the cards, dice, or hazard."- Ancient Charges at Makings, 8 ; ante p. 51.
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gent perusal of these documents, and the study of the Landmarks and ritualistic observances. It is sufficient to say that whatever is a violation of fidelity to solemn engagements, a neglect of pre- scribed duties, or a transgression of the cardinal principles of friendship, morality and brotherly love, is a Masonic crime, and renders the offender liable to Masonic punishment.
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