Novella XVII in the Light of Lex Iulia de Maiestate: Hilarius of Arles Case Study

Abstract

The main focus of this paper is an analysis of Novella XVII issued by Valentinian III, with the aim of giving a general idea on the religious policy of the Emperors Theodosius II and Valentinian III. The edict titled De episcoporum ordinatione is a great example of a legislative act falling between ius sacrum and ius publicum. It shows a rather extraordinary imperial intervention provoked by a conflict between Pope Leo and Hilary, bishop of Arles. The latter was accused of various ignoble deeds which corresponded with some of the definitions of crime as described in Lex Iulia de Maiestate from the 1st century BC. Other deeds that Hilary was accused of, however, cannot really be understood as a public offence aimed at the Emperor or the State. Under the influence of Leo, Valentinian officially acknowledged the preeminence of the Church of Rome in the Western Empire, giving grounds for further emanation of the papal power.