Legal Definitions - codicillus

In Roman law, a codicillus referred to one of two distinct types of documents:

• First, and most commonly, a codicillus was an informal written instruction, often supplementing a formal will, that directed an heir to carry out a specific performance. This typically involved the transfer of property or the payment of money to a third party who was not the primary heir. It allowed individuals to make specific bequests or requests without needing to formally revise their entire will.

  • Example 1 (Property Transfer): A Roman citizen named Gaius drafts a formal will leaving his entire estate to his eldest son. However, Gaius also wishes for his loyal freedman, Titus, to receive a small cottage and an olive grove. Instead of amending his complex will, Gaius writes a codicillus specifically instructing his son, as heir, to transfer ownership of the cottage and grove to Titus upon Gaius's death.

    This example illustrates the codicillus as an informal document directing an heir to transfer specific property to a third person, separate from the main inheritance distribution.

  • Example 2 (Financial Provision): A wealthy Roman matron, Livia, has made provisions for her children in her will. She also wants to ensure her elderly nurse, Claudia, is cared for. Livia creates a codicillus instructing her children, as her heirs, to pay Claudia a regular sum of money for her upkeep for the remainder of Claudia's life.

    Here, the codicillus serves as an instruction to heirs to provide a financial benefit to a third party, fulfilling a specific personal wish outside the primary testamentary dispositions.

• Second, a codicillus could also refer to an official document issued by the Roman emperor. These documents were used to grant specific appointments, titles, or special privileges to individuals.

  • Example 3 (Imperial Grant): The Emperor might issue a codicillus to a distinguished military commander, officially appointing him as the governor of a newly acquired territory, or granting a renowned poet a unique exemption from certain civic duties as a mark of imperial favor.

    This demonstrates the codicillus in its capacity as an official imperial decree, conferring a specific appointment or privilege, highlighting its use beyond personal testamentary instructions.