An analysis of Novel XI

Novel XI has not been the subject of a comprehensive legal or historical analysis until now. The reason for this is probably the impermanence of the changes it introduced in the Church organisation, and, most importantly, its unclear wording. Legal analyses usually only note the fact of its existence among the other constitutions devoted to ecclesiastical matters; at most, they specify that it concerned the establishment and prerogatives of the Archbishopric of Justiniana Prima, or mention its local significance. On the other hand, in broadly defined historical works, Novel XI has been known and repeatedly used, mainly for the purpose of collecting data. The changes which it introduced in the Church organisation of Illyricum are generally cited, not infrequently in the context of the situation of this region in Late Antiquity or Justinian's relations with the papacy. Novel XI was and still is treated as an important source for the history of the territories on the Danube and in Illyricum in the 5th and 6th centuries. This mainly concerns the information about the local praetorian prefecture and the division of this territory between the Eastern and Western Empire. The data from this source are equally important for reconstructing the situation in the territories adjacent to the Danube, where the Empire was involved in disputes with the Ostrogoths and the Gepids.

So far, the intrinsic importance of Novel XI as a historical source has not been appreciated, although it not only provides information about an important modification of the ecclesiastical organisation but also deserves special attention as a legal act. The philological analysis suggesting that the preparation of this constitution should be attributed to Tribonian, one of the most outstanding jurists and a close collaborator of Justinian, not only did not inspire reflection but exerted almost no impact. Regardless of the question whether a philological study can allow us to attribute the authorship of individual laws to specific imperial officials solely on the basis of analysing the vocabulary or grammar structures, it remains an indisputable fact that there is a need to look at this account as at an official document creating a new legal environment, grounded in the reality of the time, which was probably prepared by some of the most outstanding jurists of the era.