Aspects from selective Maltese legislation touching religious affairs from 1814-1854

Abstract

The firm religious beliefs of the Maltese, entrenched in daily life since very ancient times, have influenced legislation to this day, notwithstanding the attempts of the British power dominating the country throughout the years 1814 – 1964 to change legislation and customs. The explicit and fervent religious base supported and established the power of the Roman Catholic Church in Malta, so much so that it granted the Roman Catholic Church the potential to influence and rectify political declarations and legislation and to obtain administrative power over declarations concerning religious affairs. The attempt to enforce the Mortmain Law in 1822, succumbed to the driving force behind the power of Roman Catholic Church in Malta. Subsequently, the Marriage Law reform attempts succeeded only because the power in government during the period studied paid heed to the demands of the Church. This brought about the establishment of the criteria of a marriage contract as has always been the case according to Cannon Law even though mixed marriages were on the increase. This dissertation aims at representing a historico-legal account on the evolution of selective reforms and legal enactments taking shape in Malta, paying particular attention to the interests of the Church. The dissertation commences with an introduction that expounds up on its aims and objectives, the sources analysed and the methodology used. Chapter one of the dissertation presents the historical context of the legal and religious position in Malta during the first years of British occupation of Malta, as well as subsequent legal developments. Chapter two covers the legal system and legal reforms that directly or indirectly affected the interests of the Church, and the forma mentis, determining proposed and abolished legislation. A historical analysis on the practices of the Church and the regulating of the practices is given in Chapter Three. Chapter Four is dedicated to the Proclamations, Ordinances and Laws that concerned religious affairs. The conclusion presents the analysis of the period that represents an important epoch of transition that defines Malta’s legal history, the influence of the dominant Church, the clergy, the people, British intentions and the legislative transformations the colonisers wanted to bring about.