The ''Diritto Municipale'' ( en, Municipal Law) was a compilation of the
Hospitallers' and
Malta's laws
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
during their stay on the Island. It was commissioned by
Grand Master Emmanuel de Rohan-Polduc in 1781 and completed in 1784.
This is one of the more humane set of laws ever compiled by the Order, in keeping with the
enlightened ideology sweeping all around
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a subcontinent of Eurasia and it is located entirel ...
at the time.
History
In 1781, Grandmaster Emmanuel de Rohan-Polduc assigned the creation of this Code of Laws
to a
Neapolitan
Neapolitan means of or pertaining to Naples, a city in Italy; or to:
Geography and history
* Province of Naples, a province in the Campania region of southern Italy that includes the city
* Duchy of Naples, in existence during the Early and Hig ...
lawyer,
Giandonato Rogadeo whom had previously successfully defended the Order from
lawsuits
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil acti ...
that it had gotten from Naples. Rogadeo, however was arrogant, looking down on and ignoring all of the suggestions given by the Maltese lawyers and judges. This caused it to be negatively judged as it was not well-suited for Malta's customs. Rohan, taken aback by the verdict, appointed another commission made up mainly of members of the Order. This resulted to the members of the commission having the same opinion as the Maltese. Rogadeo, affronted, asked for permission to leave Malta. The task was therefore forwarded to a Maltese lawyer
Federico Gatt who devised the new code of laws. On 23 December 1782 a new council was set up, to revise the finished product. The council approved of it with minor alterations. It was ultimately disseminated on 17 July 1784.
Contents of the Diritto Municipale
The Diritto Municipale is divided into seven books, as follows;
*The first book treats the ''
Gran Corte della Castellania'' (introduced to Malta in 1530 by Grand Master
Philippe Villiers de L'Isle-Adam
Fra' Philippe de Villiers de L'Isle-Adam (1464 – 21 August 1534) was a prominent member of the Knights Hospitaller at Rhodes and later Malta. Having risen to the position of Prior of the ''Langue of Auvergne'', he was elected 44th Grand ...
). It defines the jurisdictions of the Court, jurisdictions of the public tribunals, duties of the Castellano, duties of the judges and of the other
officers of the court
In common law jurisdictions, the generic term officer of the court is applied to all those who, in some degree in the function of their professional or similar qualifications, have a part in the legal system. Officers of the court may include ent ...
.
*The second book is made up of five chapters and contain how criminal and civil lawsuits are to be treated.
*The third book contains how
mortgages
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any ...
, obligations and contracts are to be treated.
*The fourth book revolves around
will and successional issues and duties.
*The fifth book, having nine chapters, deals with the criminal laws. Also to note, the opening mentions the
beggars
Begging (also panhandling) is the practice of imploring others to grant a favor, often a gift of money, with little or no expectation of reciprocation. A person doing such is called a beggar or panhandler. Beggars may operate in public plac ...
and the indolent, which is the first mention of that social class in Malta's laws.
*The sixth book decrees laws to be followed concerning maritime
commerce
Commerce is the large-scale organized system of activities, functions, procedures and institutions directly and indirectly related to the exchange (buying and selling) of goods and services among two or more parties within local, regional, nation ...
,
armaments, the different grades making up the crew, amongst others.
Beyond Chapter fourteen of this book, hostile activities of ships directly or indirectly under the authority of the Order.
*The seventh and finally book, as its name ''Miscellanea'' applies, deals with the other regulations which could not be included in the other books. These are tackled in appendices and single chapters.
Further reading
*
References
{{DEFAULTSORT:Diritto Municipale
1784 in law
Civil codes
History of Malta