LETTER II.

Necesse est, cum de toto ordine desperant, aliud genus hominum, atque aliam rationem judiciorum requirat——

CICERO in Verrem, Act. ii., lib. i.

Civil and Criminal Codes and Practice Powers of the Civil Governor-Judicial Stipulations of the Capitulation-Tribunals and their Abuscs-Representation of the British Merchants on its State of Public Justice-State of the Criminal Courts, and their RelaxationInconveniencies arising from the imperfect state of Justice-Monopolies &c.-Difficulties in obtaining Legal Redress-Oppressions and Litigious Practices-State of the Prisons-Inconve niences produced by the Number of ForeignersJews-Petition of the Maltese to the King-Its Consequences.

Malta, 1812.

HAVING cursorily taken a view in a former letter of those establishments which more immediately interest the lower orders of society, I now proceed give you a faint sketch of the civil and criminal code of this island; and although you need not expect this highly important subject to be treated with the profound acumen of a lawyer, it will probably be in my power to draw such

a picture of the administration of justice here, as will excite a considerable degree of surprize in the minds of those who have not visited Malta. It is, I believe, a generally received maxim, that in every age of the world national greatness and prosperity have been chiefly derived from an equitable code of laws, and their faithful execution; experience has also demonstrated, that when ever either of these requisites has been wanting, public happiness was endangered, if not totally destroyed. There is probably no part of Europe to which the preceding remark can be more justly applied than the island of Malta; whereby, an almost incredible pervérsion of original statutes, justice has ceased to be little more than an empty sound, and the people have nearly forgotten that they were once governed by laws which secured property, punished crimes, and promoted that degree of confidence so necessary to the wellbeing of a state.

In order more fully to illustrate the present state of the tribunals, it may be proper to say a few words about the nature of the civil Governor's powers, being the only authority substituted for the Grand Master. He is universally regarded by the natives as possessing exactly the same jurisdiction over the courts of law. The continuance of an association of four counsellors, called the Audienza, who are supposed to assist in his legal deliberations, proves this to have been the intention of the British government. Without

mentioning the capitulation, by which it was stipulated that no alteration should take place in the old constitution, this point being admitted, it appears truly singular how such innumerable abuses should have continued to exist since our arrival; abuses, the removal of which is indispensably necessary for the inhabitants' future happiness, and our own advantage. To say that excessive criminality attaches itself to those who have endeavoured to perpetuate such anarchy and confusion in the civil administration here, would not, perhaps, be just; but on a cool and dispassionate perusal of the documents which I now send you,* there can be very few who will not agree with me, in asserting, that many if not all the evils complained of might, with facility, have been prevented, had those in whom the power was vested, made the exertions called for by the voice of justice and impartiality; for it cannot be denied by their advocates, that a printed code, containing a minute and explicit development of the Maitese constitution, down to the period of De Rohan's administration, was always to be found in the archives of government: and a superficial examination of that

* Vide Appendix.

This is contained in a folio volume, printed in 1784, after the changes introduced by the above named Grand Master, and for which his memory has been so much censured. After having been at Malta for above three years, without knowing that such a book existed, an accidental circumstance enabled me to

book would have proved to the civil authorities here, that those onerous and vexatious delays which have for the last thirteen years marked the progress of the laws, are not only contrary to the rules of justice, but in direct opposition to the constitution; the commercial code is a distinct consideration, being absolutely defective, and by no means calculated for a commercial country.*

Although there are courts of justice established both for the island of Gozo, and Citta Notabile, those at Valetta are invariably resorted to by litigants of every description. There are three

see it in the possession of a gentleman lately appointed to a lucrative office in the island; the public are in general totally unaware of its publication.

* From the extreme promptness and severity with which offences, tending to interfere with the civil government's authority, have on several occasions been punished by the courts of law, it would appear that the original code is by no means so defective as some imagine. In a recent instance there was an English merchant of the utmost respectability who happened to give some trifling offence to a late public secretary. He was immediately sent for to the palace, on a pretence that the civil commissioner wished to see him: on arriving there, the commissioner was reported to be absent, and when about to return home, it being Sunday, a party of soldiers seized him in the porch, and lodged him in the guard house all night; he was next day conveyed to the prison, from whence he could not get out until after paying a large fine and making the amende honorable to the governor's secretary, &c.; his process, it should be added, was concluded in six days! Bail to any amount was offered in this case, but without effect.

distinct ones instituted for the civil and criminal codes, besides another for the relations of commerce, whether on shore, or on the high seas. The first of these, called the Tribunale suprema' is composed of a president and three judges; the second, Tribunale Ordinario,' is administered by one criminal and two civil judges; the third called Prime Appellazione,' is superintended by the members of the first in their turn: the other court is entitled 'Consolato del Mare,' and is conducted by two judges and two consuls, consoli." Many of the singular inconveniences to which any person is exposed, who may be under the necessity of having recourse to these tribunals, are so aptly detailed in a letter which the commercial body of this island addressed some months ago to the civil commissioner, that I need make no apology for its introduction in this place. Although the interesting document relates more particularly to the commercial laws, some future remarks may tend to prove that the civil and criminal branches of Maltese jurisprudence are equally defective in their administration, at least. The letter is as follows:

“Commercial Rooms, Malta, Jan. 16th, 1812.

"SIR,

"The incompetency of the commercial law of this island arising from the defects and omissions of the revised code and the practice of the courts, is so serious and extensive, and producing daily