Church State Relations in British Malta in the 19th

century

On the 5th of September 1800, the British took over Malta and Gozo from the French. Sir Ralph Abercromby, a
high British official informed the Maltese people of their rights, duties and that the Church in Malta would be
safeguarded. Later on, Major Henry Pigot reconfirmed this declaration. It was also announced by a British
Parliamentarian Lord Russell in the House of Commons on the 15th August of 1853.

The Declaration of the Rights of the Maltese of the 15 th June 1802, signed by the National Council that had
formed during the French Blockade in Malta had identified that the British Sovereign would confirm and
protect the Roman Catholic Church as the religion of the Maltese isles. No other sovereign could meddle in
Maltese spiritual affairs and no other official religion would be tolerated.

The British never fully agreed with this declaration, nonetheless in an island where religion played such a
pivotal role and due to which a whole revolt had taken place, they didn’t want to turn the populace against
them. In fact the British were Protestants however they ruled with tolerance, respect and gave due liberty to
the Roman Catholic Religion in Malta. As such they assured themselves of the loyalty of the Maltese and the
support of the Church in Malta. In fact in al 12 Constitutions that were granted to Malta the values of Liberty,
Cooperation and Protection towards the Roman Catholic Church were always underscored. Malta had a good
strategic value for the British Empire and they didn’t want to risk losing it.

The British were instructed not to change anything with regards to religion in Malta for the very first years.
Even when Maitland was appointed as Governor, he received instructions to be tolerant towards the Church
in Malta. The British had a similar policy in other colonies not only in Malta. The British tried to make sure that
Malta was more conforming to the Vatican rules and regulations especially after the Congress of Vienna of
1815 in which British and Vatican relations improved. In 1825, Earl Bathurst, Secretary for the Colonies
proposed to have a Vatican Official residing in Malta, however this proposal never materialised.

The First Years and the First Changes

The church in Malta owned a lot of land. This was due to many Maltese opting to leave some land to the
church in their will as part of the indulgences plan. In 1822, Governor Maitland passed the Mortmain Law
(Mano-morta). It stated that any land bequeathed to the church and not used within a year would pass on to
become government property. The church had a lot of land that was not being used. This law was not fully
enforced. Governor Maitland had discussed this law with Cardinal Cosalvi the secretary to the Papal States
and purposefully bypassed the Maltese Ecclesiastical authorities.

The same thing happened in 1828, after some discussions in Rome, the Governor Frederick Ponsonby was
given permission to limit the power of the Ecclesiastical courts in Malta. They were to solely judge issues
related to the spiritual nature. It seems that this move affected the social life in Malta as suddenly the rate of
clandestine marriages increased.

A few years afterwards, the British authorities also succeeded in removing the Ecclesiastical Immunity from
churches in Malta and Gozo. A criminal could go into hiding in a church to avoid criminal persecution from the
authorities. After this law was passed the inscription “Non Gode Immunita’ Ecclesias” was found written on
many wayside chapels and churches in Malta and Gozo.
In 1831 Malta became a separate diocese from that of Palermo. Gozo became a separate diocese from Malta
in 1864.

The Priests in Malta were also very vital to help with the instruction of children and educational in general. In
fact Education in Malta was very much in line with Roman Catholic principals. In order to improve the
standards in education the Jesuit Order was given permission to open its own school in 1845 in Mdina. This
was called the ‘Boarding School of St. Paul’. In 1859, some changes to the University and Liceo were also in
the pipeline, however the Governor assured the Bishop that he would always consult him about the changes.

The funerary places were also discussed by mid-19th century. In fact by 1869 no burials were allowed in the
cities around the Grand Harbour, Valletta, Floriana and the 3 Cities. Many opposed this law in the villages.

The First Problems

Even though the British authorities tried to have good relations with the Church, certain reforms and laws
brought tension and disagreements.

The first issue came about when the British wanted to have a say on who should be the Bishop of Malta and
other high ecclesiastics in Malta. In fact after the Italian bishop Mgr. Vincenzo Labini, the two subsequent
bishops were more in favour of the British. These were Mgr. Ferdinando Mattei and Mongs Frangisk Caruana
(1831) both of which Maltese.

The St John Co- Cathedral was also amidst disagreement. The Co Cathedral was government property as it
was built by the Order of St John which was also the government. However, Grandmaster La Cassier in 1577
had said that should the Order leave Malta, the Co Cathedral would become property of Government of
Malta. In 1798, Napoleon had given the Co Cathedral to the Church of Malta, to the Bishop Labini.
Nonetheless, the British insisted that it was government property. Many feared that the British would
transform the Co-Cathedral in a Protestant church however this fear was unfounded as the British built their
own Anglican cathedral in Valetta on the site of the former Auberge of Germany. The first stone was laid by
Queen Adelaide in 1839 and it is dedicated to St. Paul.

Another issue was called the ‘Oath Question’ which brought about a lot of tension in the 19 th century. This
issue started in 1829 when the Catholics in Britain that formed part of the British Parliament were asked to
take an oath to always be loyal to the King and obey him. The oath went on to have wording which stated that
the Pope had no authority in territories ruled by the British monarch. Sir George Murray, Secretary for the
State told Governor Ponsonby to enforce this oath even in Malta. However, the Governor reminded the
Secretary about the promises made to the Maltese people back in 1802 and Murray had to refrain from
persisting the matter further.

Nonetheless, the issue resurfaced in 1835 in occasion of the first Council of Government in Malta. Some of the
members were clerics who formed part of the Legislative Assembly, amongst them the Bishop Caruana, and
these were forced to take the oath too. The Cardinal Barnetti from Rome stated that this Oath was not
approved by the Vatican and asked to have the declaration changed. The issue intensified when in 1839, all
Catholics working in the public sector were told to take the same Oath. The issue persisted until Richard More’
O Ferrall, a Catholic, became governor of Malta and he managed to change the content of the oath to please
everyone.

The Liberty of the Press also created tensions between the State and the Catholic Church in Malta. The Bishop
Caruana feared that the Catholic Church in Malta would be ridiculed in the newspaper and pamphlets. Even
though the Vatican opposed the granting of the Liberty of the Press to Malta, in 1838 the first newspapers
were published. The Libel law and censorship regulated what could be published in Malta and helped to
safeguard the church.

In 1845, Governor Stuart issued an edict by which a government appointed council would oversee the
administration and financial control of religious organisations in Malta. He had issued this edict without
prior discussions with the church or anyone for the matter. Nonetheless, he was forced to retreat the treat
when the Bishop appointed his own Council to do the same thing.

Another disagreement that was quickly forgotten or not mentioned any more regarded the use of declaring
the Roman Catholic Church as the ‘dominant’ religion of Malta.

In 1857, a law was passed by which clerics were not allowed to contest elections and be elected on the
Council of Government. Nonetheless, thanks to a referendum, it was decided that Clerics could re-join politics
and be part of the Council of Government but only with 2 members.

The Italian Risorgimento and the Unification of Italy also led to various tensions in Malta, tensions which
even led to the resignation of Richard More O’Ferrall. The British Government had supported the Italians and
even allowed Italian refugees in Malta in the 1848 revolutions. This movement had signified a decrease of
power and land territory for the Pope. The Maltese were not pleased that the British had supported the
Italians. Nonetheless, the British informed the Pope that he could always ask for help.

Mixed marriages also caused disagreement. The British wanted to introduce civil marriage to cater for this
eventuality; however the Maltese church insisted that only the Christian Marriage rite was valid according to
the Council of Trent. Even though the British tried to insist and protested, they had to abandon the
introduction of Civil marriages in the 19th century.

In a country like Malta where the Roman Catholic Church is very strong and is part of the daily fabric of
society, issues between the state and religion were inevitable. Nonetheless, in the 19 th century, the British
tried to always act respectfully towards the church.