Mark Coleman Wallace PhD Thesis - University of St Andrews

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thought advisable to defer the application to a season of profound Tranquility
when every objection on the score of external alarm may be removed. In the
propriety of this delay we have no doubt but your will concur with us. We shall
hail the return of general repose with anxiety as a season favourable to the aim
of our rights and in conjunction with your powerful Grand Lodge and that of
Ireland shall exert all our influence to obtain them. By order of the Grand
Lodge I am most respectfully Right Wosrhipful Secretary and Brother and yours
truly Robert Leslie, Grand Secretary
It was further Reported that the Committee appointed for that purpose
had prepared a Memorial and Queries relative to the power of the Grand Lodge
to the Grant Charters and likewise with regard to the question respecting the
Kilwinning Lodge and the following are Queries put to the Lord Advocate upon
both questions viz.
1 st Is the above recited Act of Parliament still in force, and if so is it competent
and would it be advisable (now that peace is restored and the cause which
induced the Legislature to pass said Act no longer exists) for the Grand Lodge of
Scotland to resume her former powers of granting charters?”
Should both these questions be answered in the negative
2 nd Is the Grand Lodge intitled to assign Charters granted to lodges now dormant
as seems to be the practice in England?
3 rd Had the Kilwinning Lodge a right to assume to herself the power of granting
Charters Knowing as she did that these powers were by St Clair of Roslin vested
in the Grand Lodge of Scotland?
4 If the Grand Lodge is found to have the only rights to grant Charters what are
the proper steps to be followed for compelling the Kilwinning Lodge to
discontinue her assumed power?
Lastly Is it practicable for the Grand Lodge to compell the Kilwinning Lodge
and the Lodges Erected to her to return to the bosom and become Members of
the Grand Lodge (she being the Head of the Masonic body in Scotland) subject
to her laws and regulations and if so what means ought to be adopted to inforce
their compliance?
Answer by the Lord Advocate of Scotland to the above Questions –
1st “The Act of Parliament quoted of the 39 th of the King ch. 79 is not
limited either in its principal or in its enactments to the continuance of the War;
and not being in any other shape made temporary nor having been since
repealed it of course remains still in force and therefore it is not lawful or
competent for the Grand Lodge to grant Charters to new Lodges.
2 nd
I am of opinion that it is not competent for the Grand Lodge to transfer
the Charters of dormant Lodges to new ones.
3 rd
It appears to me that the Kilwinning Lodge had no power to assume to
herself the power of granting charters, but as nothing is said in the above act
with regard to the authority on control of the Grand Lodge of Scotland or indeed
of any other Grand Lodge I am of opinion that Lodges which had met under the