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Mark Coleman Wallace PhD Thesis - University of St Andrews

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letter was removed from the Court. On 7 July, 1810, Hope handed down the<br />

following judgment:<br />

The Lords having resumed consideration <strong>of</strong> this process and advised the<br />

mutual memorials for the parties in respect the Suspenders insist in the<br />

Character <strong>of</strong> Office bearers <strong>of</strong> a Self-Constituted Society which is not<br />

entitled to the privileges <strong>of</strong> a Corporation Repel the Reasons <strong>of</strong><br />

Suspension Refuse interdict and Discern. 126<br />

The decision <strong>of</strong> the Courts hinged on the defence <strong>of</strong> the Associated<br />

Lodges. Asserting their rights as explained in the Secret Societies Act, the<br />

Seceders maintained that their meetings were not seditious and the Grand Lodge<br />

had distorted the provision <strong>of</strong> the original Act. Characterizing this interpretation<br />

as a “gross perversion,” the Associated Lodges noted that the Act, “from<br />

beginning to end, never once made any mention <strong>of</strong> the Grand Lodge, or <strong>of</strong> any<br />

disputes that might exist between one Lodge and another, [or] about their<br />

internal regulations or rules <strong>of</strong> management.” 127 Perhaps more importantly, a<br />

“certificate upon oath by two <strong>of</strong> the Members <strong>of</strong> the mason Lodge called Mary’s<br />

Chapel Lodge…in terms <strong>of</strong> an Act <strong>of</strong> Parliament pass’d in the year seventeen<br />

268<br />

and The Hon. Harry Erskine) lodged a Minute in which they stated they had advised its<br />

production,” Holyrood House, 308.<br />

126 National Archives <strong>of</strong> Scotland, West Register House CS/235/M39/2.<br />

127 Printed in the Petition and Complaint, and quoted in the Edinburgh <strong>St</strong>ar, 5-6. The Seceders<br />

argued that the act “was passed at an alarming period in the history <strong>of</strong> this country…[but] by a<br />

strange perversion, however…the complainers supposed that all Masonic meetings that did not<br />

conform to the rules <strong>of</strong> the Grand Lodge, that did not recognise its supremacy, and act according<br />

to its orders, were seditious meetings in the sense <strong>of</strong> the act,” 5. See also Exposition, 63-70.<br />

The Seceders also stated that the Grand Lodge is “neither more nor less than a masonic<br />

committee, appointed by some <strong>of</strong> the Scottish lodges for the purpose <strong>of</strong> presiding over and<br />

representing them in public processions, &c. and for managing the distribution <strong>of</strong> the funds<br />

collected for charitable purposes. It has likewise been in the use <strong>of</strong> settling matters <strong>of</strong><br />

precedency and masonic etiquette among the several lodges holding under it but on no occasion<br />

till now has it presumed to interfere with the radical rights <strong>of</strong> individual masons, much less to<br />

abridge or curtail them,” Exposition, 63.

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