Section II.
Of the Legislative Power of a Grand Lodge.
In the passage already quoted from the Constitutions of the Grand Lodge of England it is said, "in the Grand Lodge, alone, resides the power of enacting laws and regulations for the government of the craft, and of altering, repealing, and abrogating them."
General regulations for the government of the whole craft throughout the world can no longer be enacted by a Grand Lodge. The multiplication of these bodies, since the year 1717, has so divided the supremacy that no regulation now enacted can have the force and authority of those adopted by the Grand Lodge of England in 1721, and which now constitute a part of the fundamental law of Masonry, and as such are unchangeable by any modern Grand Lodge.
Any Grand Lodge may, however, enact local laws for the direction of its own special affairs, and has also the prerogative of enacting the regulations which are to govern all its subordinates and the craft generally in its own jurisdiction. From this legislative power, which belongs exclusively to the Grand Lodge, it follows that no subordinate lodge can make any new bye-laws, nor alter its old ones, without the approval and confirmation of the Grand Lodge. Hence, the rules and regulations of every lodge are inoperative until they are submitted to and approved by the Grand Lodge. The confirmation of that body is the enacting clause; and, therefore, strictly speaking, it may be said that the subordinates only propose the bye-laws, and the Grand Lodge enacts them.
Section III.
Of the Judicial Power of a Grand Lodge.
The passage already quoted from the English Constitutions continues to say, that "the Grand Lodge has the inherent power of investigating, regulating and deciding all matters relative to the craft, or to particular lodges, or to individual Brothers, which it may exercise, either of itself, or by such delegated authority as in its wisdom and discretion it may appoint." Under the first clause of this section, the Grand Lodge is constituted as the Supreme Masonic Tribunal of its jurisdiction. But as it would be impossible for that body to investigate every masonic offense that occurs within its territorial limits, with that full and considerate attention that the principles of justice require, it has, under the latter clause of the section, delegated this duty, in general, to the subordinate lodges, who are to act as its committees, and to report the results of their inquiry for its final disposition. From this course of action has risen the erroneous opinion of some persons, that the jurisdiction of the Grand Lodge is only appellate in its character. Such is not the case. The Grand Lodge possesses an original jurisdiction over all causes occurring within its limits. It is only for expediency that it remits the examination of the merits of any case to a subordinate lodge as a quasi committee. It may, if it thinks proper, commence the investigation of any matter concerning either a lodge, or an individual brother within its own bosom, and whenever an appeal from the decision of a lodge is made, which, in reality, is only a dissent from the report of the lodge, the Grand Lodge does actually recommence