The Principles of Masonic Law: A Treatise on the Constitutional Laws, Usages and Landmarks of FreemasonryMackey, Albert Gallatin
Religion
The Principles of Masonic Law: A Treatise on the Constitutional Laws, Usages and Landmarks of Freemasonry
Mackey, Albert Gallatin
Freemasons -- Legal status, laws, etc.
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 the
investigation _de novo_, and, taking the matter out of the lodge, to whom
by its general usage it had been primarily referred, it places it in the
hands of another committee of its own body for a new report. The course of
action is, it is true, similar to that in law, of an appeal from an
inferior to a superior tribunal. But the principle is different. The Grand
Lodge simply confirms or rejects the report that has been made to it, and
it may do that without any appeal having been entered. It may, in fact,
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