The Principles of Masonic Law eBook

Albert G. Mackey
This eBook from the Gutenberg Project consists of approximately 250 pages of information about The Principles of Masonic Law.

The Principles of Masonic Law eBook

Albert G. Mackey
This eBook from the Gutenberg Project consists of approximately 250 pages of information about The Principles of Masonic Law.

Lastly, the Grand Lodge may entirely reverse the decision of its subordinate, and decree a restoration of the appellant to all his rights and privileges, on the ground of his innocence of the charges which had been preferred against him.  But, as this action is often highly important in its results, and places the appellant and the lodge in an entirely different relative position, I have deemed its consideration worthy of a distinct chapter.

During the pendency of an appeal, the sentence of the subordinate lodge is held in abeyance, and cannot; be enforced.  The appellant in this case remains in the position of a Mason “under charges.”

Chapter VI.

Of Restoration.

The penalties of suspension and expulsion are terminated by restoration, which may take place either by the action of the lodge which inflicted them, or by that of the Grand Lodge.

Restoration from definite suspension is terminated without any special action of the lodge, but simply by the termination of the period for which the party was suspended.  He then at once reenters into the possession of all the rights, benefits, and functions, from which he had been temporarily suspended.

I have myself no doubt of the correctness of this principle; but, as it has been denied by some writers, although a very large majority of the authorities are in its favor, it may be well, briefly, to discuss its merits.

Let us suppose that on the 1st of January A.B. had been suspended for three months, that is, until the 1st day of April.  At the end of the three months, that is to say, on the first of April, A.B. would no longer be a suspended member—­for the punishment decreed will have been endured; and as the sentence of the lodge had expressly declared that his suspension was to last until the 1st of April, the said sentence, if it means anything, must mean that the suspension was, on the said 1st of April, to cease and determine.  If he were, therefore, to wait until the 1st of May for the action of the lodge, declaring his restoration, he would suffer a punishment of four months’ suspension, which was not decreed by his lodge upon his trial, and which would, therefore, be manifestly unjust and illegal.

Again:  if the offense which he had committed was, upon his trial, found to be so slight as to demand only a dismissal for one night from the lodge, will it be contended that, on his leaving the lodge-room pursuant to his sentence, he leaves not to return to it on the succeeding communication, unless a vote should permit him?  Certainly not.  His punishment of dismissal for one night had been executed; and on the succeeding night he reentered into the possession of all his rights.  But if he can do so after a dismissal or suspension of one night, why not after one or three, six or twelve months?  The time is extended, but the principle remains the same.

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The Principles of Masonic Law from Project Gutenberg. Public domain.