To All Members of the Order
Nativity of our Lord
A.D. 2001
Judgement
rendered on 19th December 2001
Lawsuit :
GRAND
PRIEURE DES GAULES
AGAINST :
- GRANDE LOGE NATIONALE FRANCAISE
- DIRECTOIRE DES LOGES ECOSSAISES RECTIFIEES DE FRANCE
- GRAND PRIEURE REGULIER DE FRANCE
Case
Pleadings : 7th
November 2001
Beloved Brethren,
Please
find herunder the judgement rendered by the Tribunal de Grande Instance of
Paris.
BY THESE MOTIVES, THE TRIBUNAL
Resolving
publicly by contradictory judgement and in the first resort,
Declares
that the Grande Loge Nationale Française has committed a wrong-doing by
terminating on the 13th June 2000 the overall contractual
arrangements that bound it to the Grand Prieuré des Gaules – Ordres
Unis.Condemns it to pay to the latter the sum of one franc (1F) (0,15 Euro)
as compensation
for moral damage ;
Forbids
the Grande Loge Nationale Française, the Directoire National des Loges
Rectifiées de France and the
Grand Prieuré Régulier de France, the practice of the Scottish Rectified
Rite, as well as any utilisation whatsoever of the rituals deposited and
filed on the 19th July 2000 and 10th September 2001
with the Société des Gens de Lettres de France ( Society of Men of Letters
of France) ;
Commands
provisional execution on these points ;
Condemns jointly the Grande Loge Nationale Française, the Directoire
National des Loges Rectifiées de France and the Grand Prieuré de France to
costs ;
Rejects
all other claims, more extensive or contrary.
Done
and Judged at Paris on the 19th December 2001
In
introducing the argumentation in support of its judgement, the Tribunal writes :
“ If it does not enter into the attributions of the jurisdiction to write history, it is its duty, in order to fulfill its mission , which is to state the law, to rely upon the historical facts , the proof of which is left to the charge of the parties ”
The
Tribunal based itself on
the
“ sole documents exchanged between the parties in
presence and introduced into the debates ”
After
having passed in review the documentary evidence and the historical facts, the
Tribunal concludes :
“ For
want of, notably, being able to
bring forward the proof of the well-founding of what it advanced , the Grande
Loge Nationale Française does not justify its unilateral decision of rupture
with the Grand Prieuré des Gaules “
It
notes that the Grande Loge Nationale Française does not motivate in any way the
fact that the exchange of the patent of the Chevalier Bienfaisant de la Cité
Sainte (C.B.C.S.) [Knight Beneficent of the Holy City] and the
patent of Knight Templar between the Grand Prieuré des Gaules and the
Great
Priory of Scotland “ could
constitute a wrong ”
, adding : “ the same lack of grievance exists in
respect of the communication of that of the
Sovereign Prince Rose>Croix ”
.
It
made conspicuous the fact that “ contrary
to what the Grande Loge Nationale Française maintains, it arises from the
historical briefs mentioned above and from the agreements concluded
with the Grande Prieuré des Gaules since 1958, that it did
master the three first symbolic (blue)
grades solely by delegation, the Grand Prieuré des Gaules being,
between the parties present at the instance , sole manager of the Rites of
the whole six grades of the Scottish Rectified Rite, for having received
them through the Grand Prieuré d’Helvétie ès-qualités in 1935 ”
It
adds this , which sweeps away certain claims “ It matters
little that today the latter (le Grand Prieuré Indépendant
d’Helvétie), which is no
longer the depository, disputes its right to this attribution, which, on
another account, had only been entrusted on a personal and not on an
institutional basis , to a few masons in 1910 ”.
It
terminates by this consideration :
“ Finally,
the criticism of isolationism , factually, according to the
correspondence of members of the Grande Loge Nationale Française , to keep the
reference to the
christian faith, cannot usefully be advanced
against the Grand Prieuré des Gaules, in as much as the Scottish
Rectified Rite has for objective to maintain and to fortify,
principles
such
as , firstly, the fidelity to
the christian religion founded upon the faith
in the Holy Trinity, etc… ”
It
concludes :
“
The loss of confidence invoked by the Grande Loge Nationale Française in
the framework of
a fraternal solution is essentially its own doing ”.
In
definitive, the premature, unilateral termination of the fixed - duration
Convention by the Grande Loge Nationale Française outside request in justice reveals
itself to be faulty ”
Among
the
“ consequences between the parties ”
one
may note the following :
“
The Grand Prieuré des Gaules, in the bosom of the masonic community, is by
right entitled to forbid
the defendants
(i .e.
the Grande Loge Nationale Française, its Directoire and its
Great
Priory), taken separately or
not , to practice the rites and denominations specific to the Rectified Scottish
Rite, in such as set out
in the five envelopes deposited with the Société des Gens de Lettres (S.D.G.L.). ”
There
follows thereafter the judgement which appears at the head of this note.
There
results from the extremely structured argumentation of the Tribunal that the
latter confirms what we have always upheld :
1.
that the denunciation by the
Grande Loge Nationale Française of the Convention of 1958 is
not only abusive, but faulty, which, in law , has a strong
meaning which entails condemnation ;
2.
that the Grande Loge Nationale Française had only been able to practice
the Scottish Rectified Rite through a delegation of powers ; this
delegation having ceased with the rupture of the year 2000 , the Grande Loge
Nationale Française has no longer any right
to practice it, and the Tribunal forbids it to do so ;
3.
that the “ Directoire ”
and the “ Great Priory ” of the Grande Loge Nationale Française
can therefore no longer practice the Rectified Scottish Rite nor claim to be
associated with it
and they are therefore totally drained of their substance ;
4.
finally, that the Grand Prieuré Indépendant d’Helvétie has ceased to
be the depository of the Scottish Rectified Rite.
These
decisions of the Tribunal are immediately executory, even if the should be an
appeal.
This
chapter of our existence being closed to
our entire satisfaction, another opens – that of the construction of our
future.
The quality of manager “ legitimate and regular ” of the “ six grades of the Rectified Scottish Rite ” being recognized officially in respect of the Grand Prieuré des Gaules – and the Tribunal having voluntarily abstained from making pronouncement upon “ the class of the “ Profession ” which, also denominated as “ the secret class ” is not even mentioned in the present affair ”
It
is becoming urgent to put a term to the provisional situation to which we
consented for the masonic class, through “ sheltering ” the Lodges
of St John in our Directoire National.
From
now on, we have decided to constitute all instances composing the Order in an
unique corpus which will bear the denomination of :
Grand
Prieuré des Gaules
Orders
of the Christian Masonic Knights of France
National Directoire of the Rectified Lodge
This
decision requires ratification at the next General Assembly and Grand Chapter of
the Gauls on 28th April 2002
In
conformity with the Code, to which the Tribunal made express reference , the
three Provinces “ Auvergne ” “ Occitania ” and “
Burgundy ”, of which the latter two were proclaimed awakened at
Michaelmass 2001 , take on henceforth their full and complete existence.
Several
commissions are engaged in work which is already well advanced in resolving
questions relating to :
new statutes and structures of the Order
relations with other French Masonic Bodies
international
relations
the
acquisition and installation of new premises and offices for the Order
All
the necessary information will be given in due course, but we wish to put you on
guard against disinformation campaigns, especially on Internet.
We
wish to remind you that only qualified information which might engage the Order
may be given by :
·
The
Grand Master
·
Members
of the National Council
·
The
Heads of the Order duly mandated by them to that effect.
We
invite you to rejoice and render grace to Providence
in the gladness of the Nativity of our Saviour.
Very fraternally yours
The
Grand Master
The National Council
Daniel
FONTAINE, G..C.C.S.