It is only now that delayed attention is being paid to a man who fought for, and suffered, for his insistence that church and state must be separate in Malta.

Gannikol (Gio. Nicolo) Muscat, a Maltese lawyer of humble origins, became the most important lawyer, the Attorney General, or Uditore in Grand Master De Rohan's time.

His patriotism was highlighted through a book published in 1783, Apologia a Favore dell'Inclita Nazione Maltese ('In Defence of the Renowned Maltese Nation') in which he defended Malta against Giandonato Rogadeo, a Neapolitan lawyer brought over by Grand Master De Rohan to prepare a new code of Maltese laws. The work was in response to Rogadeo's book Ragionamenti sul Regolamento della Giustizia, e sulle Pene which criticised the Maltese legal procedure and institutions.

Muscat was an enlightened reformer with contacts with such influential people like Kaunitz, the chancellor of the Emperor Joseph II of Austria.

Muscat fought for two main principles. First, that foreign courts should not exercise jurisdiction in Malta. In 1786, the law of the exequatur or vidit was promulgated. This meant that every legal document coming from foreign courts, even from Rome, could not be executed in the Maltese courts unless approved by the grand master.

Second, that in Malta there was to be a clear distinction between State and Church. Muscat felt that the courts of the bishop and the inquisitor could not judge lay affairs which had nothing to do with religion.

The clashes were numerous. In September 1791, Count Joseph Fenech petitioned the grand master that a court case against two patentati (dependant) of the inquisitor and the procurator of the oratory of St. Philip, Vittoriosa, be heard in the court of the government. The inquisitor and the bishop protested that this was an attempt against the freedom of the Church.

On 8 October Fenech made another petition, charging both parties as acting against the sovereign authority of the grand master. Nicolo Muscat claimed that Malta was always the last country to follow the examples of foreign countries, such as Tuscany and Naples and stressed that the Church could exercise its jurisdiction only when relating to the sacraments, faith, morals, and ecclesiastical discipline.

In November of the same year the pope ordered the removal of Muscat from Uditore and Attorney General. Muscat defended himself vigorously. He insisted that he had never wanted to cause trouble between L-Istola u x-Xabla (The Church and the State).

The inquisitor was surprised by these statements since Muscat's ideals were well known and he had himself declared that 'This is no longer the century of the Church!', and 'If it were in my power I would leave the bishop with only the crozier and the mitre!'

At the beginning of the following year, De Rohan informed the inquisitor that he had removed Muscat from office, but only a few months later he re-instated him.

It was also reported that Muscat had interfered in a marriage separation case and insisted that marriage was a civil contract, which should not be decided by the church tribunal. He also threatened with exile a lawyer who had defended a farmer in the bishop's court over a question of debt.

The pope once again demanded his resignation. This time Muscat went to Naples.

When Muscat returned to Malta he went straight to De Rohan and the next day he entered the court in triumph. However, the grand master stated during a council meeting that although Malta had endorsed the principles which were approved by other states, these principles were condemned by the pope.

A commission was set up to examine any possible offence which had been made to the Church and Muscat was removed once again from his posts.

In July 1792 Muscat sent a memorandum to the pope. He felt he was being accused of a crime he never committed. He vowed his faithfulness to the pope and his resolution to defend the jurisdictional rights of the Catholic Church in Malta though he claimed he was in a dangerous position 'between the devil and the deep sea.'

But again, to the great consternation of the inquisitor, the grand master in September 1793 reinstated Muscat in all his former offices. The official reinstatement was carried out with great pomp and ceremony. Muscat himself declared that his enemies were only 'la briga papalina' (the papist clique).

But these were dangerous times for kings. It was the time of the French revolution with its battle cry against throne and altar. The Order lost all its properties in France and consequently its revenues from them and most of its power.

In the light of these developments across Europe, the pope insisted on the final removal of Muscat. The grand master gave in to these demands and Muscat was replaced by Benedettu Schembri as Avvocato del Principato. 

Five years later, in June 1798, Napoleon Bonaparte brought to an end the 268-year era of the Knights in Malta, together with that of the Roman Inquisition.

Muscat was actually part of the delegation aboard Napoleon Bonaparte's ship, L'Orient, to negotiate the capitulation. During the next two months, during the French tenure of Malta, Muscat was appointed President of the Civil Courts.

The life and times of Gannikol Muscat have now been researched and are contained in a new book that was launched last week. The book is Church-State relations in Eighteenth Century Malta by historian Frans Ciappara. The launch took place at the Auberge de Castille.

Fr Rene Camilleri, the first speaker, pointed out that Muscat prefigured what was later to be accepted and enshrined by Vatican II in its declaration on freedom and individual conscience.

Next, Professor Joe Pirotta pointed out that De Rohan found himself in a difficult situation. Coming after Grand Master Ximenes, who had to face the Rising of the Priests (who were protesting against changes in the hunting regulations), he himself subscribed, as did Muscat to the ideas of the Enlightenment very popular then among the cultured classes.

But he had to face unremitting hostility from the church and the inquisitor. Himself as a knight, he was subject to the pope's authority and when the pope issued an order such as to send Muscat away it was difficult for him to disregard it.

Muscat's stance was later followed by Manwel Dimech and by Dom Mintoff in our times.

Former premier Alfred Sant pointed out that De Rohan had to face threats by the clerical party but he also had to declare his loyalty and obedience to the pope, being a knight.

Continuing what the previous speaker had said, Dr Sant said that the Muscat tradition of a servant of the State was later taken up by people such as Sir Adrian Dingli, JJ Cremona and Edgar Mizzi.

Author Frans Ciappara pointed out the complexity of the situation especially due to the interference from the Kingdom of Naples, theoretically Malta's liege lord and its complex relationship with the pope.

Muscat died after a very long life. He remained a Catholic and was buried at the Ta'Giezu church in Valletta.

The final word came from Prime Minister Joseph Muscat who had sat through the whole event. Listening to stories about church and state conflicts involving hunting and civil marriage made him think of events in our time.