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The Officio Delle Case and the Housing Laws of the Earlier Grand Masters 15 31-1569 '

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The Officio Delle Case and the Housing Laws of the Earlier Grand Masters 15 31-1569 ' 39 The Officio delle Case and the Housing Laws of the earlier Grand Masters 15 31-1569 ' By STEPHEN R. BORG CARDONA, B.A. HE history of the Officiu ·m Comrnissariorutn Do-rnoru·m, bet­ T t.er known as the Officio delle C.fhi;e, a tribunal whose main purpose was the fixing of a. fair rent for both houses and shops, reflects, especially in the earlier part of this period which covers the reign of the first seven Grand Masters, the changes which were taking place in the districts around the Grand Harbour, where the four cities of Malta were to rise and eventually to drain the ancient inland city of Mdina (N otabile) both of its inhabitants and its importance. The first law relating to housing -and incidentally one of the very first laws to be enacted locally as previously to the coming of the Order (1530) 1-Ialta was a political appendage of Sicily and the laws enacted by the Sicilian rulers applied ipso facto also to J\ilalta-was enacted by Grand l\iaster Fra Filippo Villiers de l'Isle Adam late in the year 1531, and wa~ necessitated bv~ the fact that. the demand for houses far exceeded the supply, even though the first concern of the Order on its arrival in the Island was the building of new houses and the repair of the old ones in Birgu, for which purpose many work­ men were brought over fron1 Sicily by the very first galleys of the Order to come to J\ilalta. This state of affairs was brought about by the coming in the previous year of the Knights with their numerous retainers. not excluding the large number of Rhodian refugees and of soldiers of fortune who saw a golden opportunity in the establishment of the Knights Hospitallers on (*) I wish to express my thanks to Miss Hilda Castaldi of the Royal :Malta Library for the invaluable help she gave me in ti~acing and deciphering the various laws of the- Gnand }!asters, and to Dr. W.~. Harding, B.A., LL.D., Lecturer on the History of Legislation in the .Royal University of Malta for his encouragement and guidance. 40 THE LAw jouRNAL the Island, then in the ·front line of Christendom (1) . vVe ca1 ~ afely assume that the neell for the regulation of the lease o: houses hacl never before arisen, because of the stagnant state o affairs obt~ining in the h,lancl and also because of .the very fre quent incursions of the Barbary con;airs in search of slaves an( booty, \Vhich nu·t only helped to annul the effect of any natun.t increase in the population.• but also acted as an effective deter· rent to jmmigration. Later on , with the building of ] 1ort Sar l\Iichele, on l\fount St. J ulia11 011 the landward side of the pe­ ninsula of L-Isla, and the consequent growth of the city of Sen· glea, the pressure of the population began to be gradually easec until, with the building of the city of Valletta, towards the enc of this period, we find that the inain concern of the new legisla­ tion relating to houses lies with matters of aes~hetics and sani­ fation rather than with the establishing of a fair rent and thE finding of proper quart.er::; for the I\:nights, and we meet with thE institution of another -conunission, the Co·mmissione dellu Fabb1·ica. 'rhe Order \VU::> very cautious in enacting new legislation in order not to bring to a head the drncontent felt by the M-alte-:;e governiug elass at the Lreach of the pro111ise 111ade to the1n cm the 3rd J auuary ~ 1 · 1~7, Ly Alfon~<..l df Sicily of not giving the l~land ::; as a noble fief; thu:; Judge ~Iie allef vvrites in his c01u­ mentary on the Code de Hoban : ''i g·r<tn rnaestri clella Relig-iune non isti11w·roiw p-roprio di alterare le legyi fondaniental-i in sin dal 1numeuto in cui inco·minciarono ad esercitare la loro aulo­ ritri., e dinlero a. d ivederP. uzanifesta,mente ver non esacerbare r;l-i animi deyli i~ o lani, di voler c.io f (1.re a. po cu .a po co'' (2). Not­ \vithstanding this uece::;~ur:v c.mution, the Gtand 1:1aster coulc] not do otherwise than leg'i :-:: late. barely a year after his arrival. in l\Ittlta . "/Jl'r<'hi: oopra, el fatto ddle cv.~e locate P costruitc -in ·queiilv /J(J ryu de 11/alta uccoi·-re oyiu: yiunw niulte-d-iffic-ulta." (3). (ll Gio. _\.ntonio Ya!:>~ullo in hi~ 8tu1·in di Maltu Olalta. 1R90, p. 31'.t) w!'"iting of the ~<·arcit:< ot food felt in the falalld in 1536, estimates that the popula.tiun, be<·a.u' oe of the coming of the members of th'-~ Order, the Hhodian refugee::; and the other foreigners who ha<l come "con, ·isperaw::e di. _.wldo ;n -'>e1''1.'izio dell'Onli.ne", had increas. ... cl by about :fh-e thousand. (2) A. l"licallef, Dirif to lll u nic·ipal e di ll[alta a1l1Wtato (l\Ialta, 18,13, Vol. I. Preface) . .. (31 Liber Bullanon, An. 1:'"531 (Royal .i\f alt a Librar~-, Archiy~s of the Order, _\IS. 415, f. COXXIII a t. CCXXIV). See Text I. THE "OFFICIO DELLE CASE" 41 By these Ordinat-iones Do-nwr-urn, dated, from their place in the Liber Bullm·uni of the year 1531, someti111e in late Octo­ ber or early November of the said year, a tribunal for the regu­ lation of houses is set up . .Not only was this _tribunal the very fir8t tribunal to be created in 11alta by the Order, but it was destined to survive the numerous changes which almost each Grand Mas­ ter, thinking to leave an irnpression of his personality on the ad­ ministration df justice jn the Island, made in the judicial struc­ ture of our courts, until, having been suppressed during the French interregnurn (4), it was revived with the British connec­ tion (5) and continued to function, toge.ther with the other nu­ merous courts which c1uttered the path of justice· (6) until t.he 1·eforn1 of .the judicial syste1n carried out by Sir 'rhomas Mait­ land, the first British governor (7). Two Knights and three "lvl altesi ltab·itanti in detto borgo'', called Comntissarii Dornorum, were to preside over this tribunal. rrhese Commissioners are given very wide powers : they are to establish the fair rent of both houses and i;hops, ''case magaze·n-i e b-utighe'', and to levy a fine of two scudi, to be paid to the Fisco or treasury, for contraventions to the fair rent as estab­ Jished by them; ihe rent once established by thew could not be altered except in the case of irnprovements, ''la ca.sa non fusse talniente niegliorata che di rayion,e si deb-ia orescere la p-isione ·', ::;uch improvements having been carried out at. the expense of the owner. In such .cases a new rent was to be fixed bv the Com- " inissioners. Any ~ontract Jnade even previous to the Ordinance and in which the rent stipulated was higher than that fixed by the Commissioners is declared null and void. Furthermore, "'per (4) On the 25 :\lessa<lor, An. VI (the 13th July~ 1789i by au l1tstructi') n of Regnaud de ~t. Jean D' Augely. (5) On the 13th 8t" 1\)tember, 1800, by a 1Ja1ido of t:apt. Ball. (6) Towards the end of the 18th century there were twelve different tribunals in the Cs-lands, several of them fur.ther subdivided into civil and criminal sect.ions, not to mention the courts of the Church and of the Sacred Office, which :dealt with temporal as well as spiri­ tual matters, thus forming "i·mperia in iniperio". Judge Debono in his Somm.ario deUa Storia delta legi3lazione in, :Malta (Malta, 1987, p . 240) write&: "Qu-e.'lte ·numerose partiz-ion-i della giurisdiizio1ie, ques­ te scacch·iere !riudi:~·im·ie, com.e le avrebbe dette il Bentham, era-no rlel ·re,.,to il vizio com.. une delle leggi organiche del tempo in t1utta Europa." (7) Proclamation No. XV. of the 25th May, 1814. 42 THE LAvV JouRNAL evitar le fraude solito fa·r e gia accons'Urnate'', any hypo.thecation or sale of a house without the knowledge and consent of the Com­ n1issioners is to be punished by a similar fine of five scudi. But the widest powers granted to the Commissioners ·con­ sisted in the right of foreiug the compulsory sale of houses which their owners had commenced _to build but had failed to complete within a reasonable ter·nl which was left t.o the discretion of the Uo.mmissioners. As an alternative to this compulsory sale the owner had the right of let.ting a third party complete the build­ ing of the house, '·a 'Ve nde·rle o bensl lassarle acabwre e cop-rire1 de q-uelli ohe offeri ·rarw fa·rlo' ' , but it rested with the Commis­ sioners to dicta.te botl1 the price, in ·case .the owner decided to sell, and the compensation in case he had chosen the other alter­ native ancl had handed over the completion of t.he building to a third party, and the Conunjssioners were to decide the amount of the sum in question according to their own opinion of what \Vas a just price for each of the parties to the transaction.
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