During the 18th century, by hosting the courts and the tribunals, it was known as the
Corte della Castellania (or the variants) and sometimes as the
Palazzo del Tribunale. Among the common public was, however, simply known as the
Court of the Grandmaster, probably to simply distinguish it from the courts of the inquisition and of the Bishop. The locals preferred to be subjected to the Court of the Bishop or the Inquisition, rather than Castellania.
Order of St John Civil and criminal cases commenced after its completion, as was intended. Court sittings already started to be heard at the remodeled Castellania prior its inauguration. Conflict between the court of the Grand Master and that the court of the Bishop was a common issue during the reign of Pinto. The Bishop of Malta continuously lobbied against sentences by the Castellania when the accused was a monk. Several instances went as far as Rome to be settled. Pinto believed that it was justified to take a decision when state interest is threatened. instead of the female clothing worn ever since born. The Grandmaster took the decision for Mifsud to wear only men clothes from then on. Following the
Rising of the Priests in 1775, three of the rebellion's leaders were executed without receiving fair trial. The death penalty was signed by the
Castellano under the orders of Grand Master
Francisco Ximénez de Tejada. Prior to judgement, some of the rebellions were locked up in the secretive prisons near the courtroom of the Castallania, some at the Castellania dungeons, and in other Valletta buildings. All those arrested were recorded on the
Libro del Carcerati Della Magna Curia Castellania. Among them was Gaetano Mannarino, the leader of the rebellion. Some of them were condemned to death by
strangulation in the dungeons of the Castellania. The whole process went against the
conformity of the courts in Malta as the priests were not to be subjected to the Castellania but to the court of the Bishop. However the Inquisition had already determined in previous decision-making that crimes of serious nature were not to have ecclesiastical immunity from criminal prosecution at the Castellania. Some sources say that only the laymen were prosecuted at the Castellania, while the priests were tried at Fort St Elmo. Ximenes died a natural death within weeks after the sentences, with some locals believing it was a
divine providence for his merciless judgement against the clergy. In 1777, Grand Master
Emmanuel de Rohan-Polduc introduced the
Supremum Justitiæ Magistratum (Collegiate Tribunal of the Jury's Supreme Magistrate) in order to establish more
separation of powers in
judicial decisions. Giandonato Rogadeo, an eminent European
jurist, was requested to come to Malta in 1781 by de Rohan to address issues related to common law. Rogadeo went on to author the
Diritto Municipale, between the year of his arrival and 1784, a law book to be used for the Castellania. During his stay in Malta, he further observed that it was not the law which was just problematic but also the judges and advocates which were corrupt. It became the primarily Maltese law of the
Code de Rohan, a humane set of laws, which brought significant reformation to criminal law. It was subsequently amended with the use of
bandi. The
Diritto Municipale was abolished in 1854, during the British period, and replaced by a more lenient Criminal Code. During his magistracy, Grand Master de Rohan sentenced the Castellan, allegedly for practicing conflict of interest considering his position, to a life in prison but was allowed to escape and lived in exile. Vassalli was imprisoned at the
Klistanija at the end of the rule of the Order of St. John, and was accused of plotting revolutionary ideas during the magistracy of Grand Master
Hompesch. Vassalli denied the accusations and remained imprisoned. Meanwhile, he received visits from the father of Fortunato Panzavecchia. While dining together around a table with prison guards, Panzavecchia took notes from conversations he had with Vassalli. These notes shed more light on the life of Vassalli, who after his death became the national Maltese linguistic. Though given a life sentence, he either managed to escape or was released after the expulsion of the Order from Malta.
French Republic Malta was invaded by the
French First Republic in June 1798, and the Order was expelled from the island, resulting in the
French occupation of Malta. The French reformed the legal system with the country being divided into provinces for roughly each 3,000 inhabitants, all with their own civil and criminal jurisdiction for the
Justice of Peace: this included the use of the Castellania.
Corporal punishment, which was leniently used at the end of the rule of the Order of St John, was officially abolished by the French. Religious figures, such as Franciscan Prelate Monsignor Axisa, were prosecuted at the Castellania and also kept there under arrest if required. The institution of the Castellania was replaced by the
Tribunale Provisorio and the ''Tribunale Civile di Prim'Instanza
. The post of Castellano
was abolished, and judges were nominated by the Commission de Gouvernement. By 6 July public buildings in Valletta were renamed, with the Castellania renamed as Palais de Justice''. The creation of the newly introduced court in Malta according to republican ideals, on 16 July 1798, saw the abolition of the Order's Courts and Tribunals together with the abolition of the Courts of the Bishop and the Inquisition.
Giovanni Niccolò Muscat was made a judge and president of the court during the French period but was soon dismissed by the French. Not less than three full cases of silver secured at the Castellania, were taken by the French on 8 November 1798, and were melted to create coins to
remunerate the
Jacobins. It was one of a series of similar reasons that consequently triggered a Maltese revolt. The French law system did not last enough to influence the Maltese courts at the time.
British protectorate After a successful
Maltese uprising against the French occupation, in 1800 Malta became a
British protectorate, with the Castellania becoming known as the
Gran Corte della Valletta. The documents of the Tribunale della Gran Corte della Castellania were given by Government
Alexander Ball to the Gran Corte Vescovile (Court of the Bishop) with other documents of the church and the Inquisition at the request of the ecclesiastic authorities. Apart from those of the Court of the Bishop, the others (including those of the Castellania) were all found to be irrelevant to the church and were transferred to the Palace of the Inquisition in Birgu. The documents of the Tribunale della Valletta were likely transferred to the palace of the Inquisition by mistake but those arriving there never saw their way back to Valletta since. On 8 March 1805, a proclamation declared the restoration of the Courts of Justice. In February 1806, Ball gave instructions to presumably guarantee independence of the Judiciary, whereas the Judges could not be removed at a simple request, and legal persons would not be threatened to be jailed if they disagree with signing legal documents. At the request of the
Maltese National Congress, the law was once again reformed to the
ancient rights and the
Code De Rohan. Vassalli was imprisoned again during the siege, until he was exiled from the protectorate on 15 January 1801. While in jail at the Castellania, Vassalli read in
Arabic, and vocally translated to
Maltese, passages of the
Quran to other inmates among him. His Quran, bound by a leather cover, was discovered when Vassalli underwent a spot check by British soldiers in the whereabouts of
Porta Reale. The first address of the main door of the building was in Italian as istrada Mercanti, No.15, La Castellania. Ġampatist Gatt was engaged with the Criminal Court as an
interpreter and
translator, to and from English, from 1 August 1810 to 30 June 1814. The death penalty continued to be legal under British rule and the
decapitation of the offender after execution remained in use by the Castellania. In the early 19th century the building housed the
Maltese Vice-Admiral Court. It was founded in June 1803.
John Stoddart (1773–1856) served as the first Advocate to the
British monarchy from 1803 to 1807. By 1811, during the protectorate, this court was criticized in
Parliament as being unbecoming in its conduct during the early stages of establishment. It was replaced by another court and abolished in the 1890s. Literature and objects related the Vice-Admiralty Court in Malta are now exhibited at the
Malta Maritime Museum in Birgu.
British colony Maltese courts became on 5 October 1813, months before the
Treaty of Paris of 1814, when
Malta became a Crown colony. Similar to other public buildings, the Castellania was closed down during the
plague outbreak of 1813–14, and it was only used for emergency cases relating to the plague itself. Two people were
sentenced to death for not revealing themselves of being infected of plague to relevant authorities and putting at risk the people around them. Both were
executed by firing squad outside the courthouse in the street. Under Governor
Thomas Maitland, the British adopted a codification of a mixed system of
Civil Law, which included
Roman Law,
Code Napoléon and
continental law. These reforms remain the basic of
Maltese law today. In 1814, the College of Auditors (Segnatura) was abolished and was replaced by the Supreme Council of Justice. The purpose of this reform was to see more equity at law at a time when the governor observed that there were questionable judicial cases, and thus gave an opportunity for review. The
Government Gazette started to report prominent cases of the court after the visit of the Commissioners Austin and Lewis.
Language Tuscan Italian, and to some extent Latin, was used as the main functioning language of the courts throughout the periods of the knights, French occupation, British periods, until at least 1879 when the courts had already moved out of the building. The
French language was established as the sole
official language during the French occupation, however an exception was given to the courts as
Italian prevailed for legal
jargon. Efforts by the British to spread the usage of English during the protectorate and the early period of direct Crown control over Malta failed, mostly due to the unwillingness by the
educated minority to adopt it. The supreme court proceedings were suggested to take place with the use of English, to encourage the study and use of English by judges and lawyers, but these efforts proved futile. Both during the period of French occupation and British rule, the supreme court decisions were published in Italian and the other preferred language of the government; French during the French period and English during the British periods. However, some documents presented to the courts were sometimes written with Italian and a mix of
Sicilian or Maltese words. The
language question was not solved until the 20th century, when the building had for long changed purpose. == Prison ==