1Ulpianus, On Sabinus, Book XXXIX. A Proconsul, a Governor, and the Prefect of Egypt, or one who holds the office of Proconsul of a province temporarily, either on account of the death of the Governor, or because the administration of the province has been committed to him by the latter, can appoint a guardian. 1In accordance with a Rescript of the Divine Marcus, the Deputy of a Proconsul can also appoint a guardian. 2Where, however, the Governor of a province is permitted to appoint a guardian, he can only do so for those who were born in said province, or have their domicile therein.

2The Same, On the Edict, Book XXXV. Where certain guardians are appointed, and some of them are not present, the Divine Pius stated in a Rescript that a temporary guardian should be appointed to perform the duties of the office.

3The Same, On the Edict, Book XXXVI. The right to appoint guardians is conferred upon all municipal magistrates, and this is our practice; but the person appointed must be a resident of the same municipality, or of its territory and be subject to its jurisdiction.

4The Same, On the Lex Julia et Papia, Book IX. The Prætor cannot appoint himself a guardian, just as a judge cannot appoint himself to a judicial office, or an arbiter be created by his own decision.

5Gaius, On the Provincial Edict, Book XII. It has always been settled that a Governor can appoint a guardian, whether the latter be absent or present, for a ward who is either present or absent;

6Ulpianus, On All Tribunals, Book VIII. Even though the ward should be ignorant of the fact, and unwilling.

7The Same, On All Courts, Book I. Not only must a curator be appointed for a girl about to be married, for the bestowal of her dowry; but one must also be appointed for a minor who is already married. A curator is also appointed for the purpose of increasing the dowry, or in order that some change may be made with reference to it.

8The Same, On All Tribunals, Book VIII. Another person cannot appoint a guardian, even under the direction of a Governor. 1Where the Prætor or the Governor of a province appoints a guardian while he is insane or demented, I do not think that the appointment will be valid; for, even though he may still continue to be Prætor or Governor, and his insanity does not deprive him of his magistracy, still, the appointment made by him will be of no force or effect. 2A guardian can be appointed upon any day whatsoever. 3A guardian or a curator can be appointed by a Prætor or a Governor for a person of either sex who may have become insane, and for one who is dumb and deaf.

9Marcianus, Institutes, Book IX. Where proper cause is shown, a guardian may be appointed for a minor who has not arrived at puberty, for the purpose of permitting him to enter upon an estate.

10The Same, Rules, Book V. When a petition is filed for the appointment of a guardian for a minor who has one that is absent, the appointment, made as if he did not have any, is void. For whenever, through ignorance of the facts, such a petition is filed for the appointment of a guardian, the appointment will not be valid, especially since the promulgation of a Constitution of the Divine Brothers relative to this subject.

11Celsus, Digest, Book XI. A curator shall not be appointed for a male or a female minor, if his or her guardian should be present.

12Ulpianus, On the Office of Proconsul, Book III. The Proconsul must appoint a curator for those persons who are in such a condition that they cannot manage their own affairs. 1There is no doubt that a son can be appointed the curator of his father, although the contrary is stated by Celsus, and many other authorities, who hold that it is unseemly for a father to be subjected to the authority of his son; still, the Divine Pius, addressing Justius Celerius, and also the Divine Brothers, stated in Rescripts that it was better for a son who was well-behaved to be appointed the curator of his father, than that a stranger should be. 2The Divine Pius granted the request of a mother for the appointment of a curator for her spendthrift children in the following words: “There is nothing novel in the fact that certain persons, even though they appear to be of sound mind so far as their conversation is concerned, yet squander their property in such a way that, unless relief is granted them, they will be reduced to poverty. Therefore, someone should be chosen who may control them by his advice, for it is just that we should take care of those who, so far as relates to their property, act like persons who are insane.”

13Papinianus, Questions, Book XI. Where freedom and an estate are granted to a slave under the age of puberty by means of a trust, and the appointed heir refuses to accept the estate, the Senate decreed that he can be forced to do so, if this is demanded in the name of the minor; just as a guardian may be appointed for a male or female minor by someone who has the right of appointment, and he will retain the guardianship until the estate is delivered, and security given by the heir for the preservation of the property. The Divine Hadrian subsequently stated in a Rescript that the same rule should be observed in the case of a slave to whom freedom had been directly bequeathed. 1Although security for the preservation of the property of a minor can not readily be exacted from a patron; still, the Senate desired that he should be considered as a stranger who had deprived the minor slave of his freedom, so far as it was in his power, and that he should not be deprived of the right over the freedman which he possessed because he manumitted him in compliance with the terms of the trust; but that the guardianship should not be entrusted to him without the execution of a bond. But what if he did not give security? There is no doubt that the patron would not be allowed to retain the guardianship. 2When a girl has completed her twelfth year, the guardian ceases to exercise his authority; still, as it is customary for guardians to be appointed for minors when they request it; if she should desire her patron to be appointed curator, his good faith having been ascertained by an inquiry, shall take the place of a bond.

14The Same, Questions, Book XII. A freedman cannot be compelled to become the guardian for the children of anyone but those of his patron or patroness, unless they have expectations of succeeding to the rights of the latter.

15Paulus, On the Edict, Book II. A curator should be appointed for the management of the entire business of the minor, instead of his guardian, where he is absent on business for the State.

16The Same, On the Edict, Book LXXIII. The guardian does not cease to hold his office under these circumstances. This is the law with reference to all guardians who are temporarily excused.

17Ulpianus, On the Edict, Book IX. Pomponius states that a guardian can be appointed for a minor who is engaged in litigation, for the purpose of establishing his civil status. This is correct, but the appointment will only be valid if the minor should be ascertained to be free.

18The Same, On the Edict, Book LXI. Where an, investigation is made with a view to the appointment of a guardian, this should also be done in the case of a Senator who is to become the guardian. This opinion Severus stated in a Rescript.

19Paulus, On Plautius, Book XVI. Where those authorities who have a right to appoint guardians are absent, the Decurions are ordered to appoint them, provided the majority agree. There is no doubt that they can appoint one of their own number. 1There is no question that one of two municipal magistrates can appoint his colleague a guardian.

20Modestinus, Differences, Book VII. A guardian cannot be appointed for an unborn child by the magistrates of the Roman people, but a curator can be; for this is provided by the Edict relating to the appointment of a curator. 1The rule of law does not prevent another curator from being appointed for a person who already has one.

21The Same, Excuses, Book I. The magistrates should be informed that they cannot appoint women the curators of minors. 1If a mother should appoint her children her heirs under the condition that they shall be free from the authority of their father, and they should become free and heirs for this reason, their father cannot be appointed their curator, even if he should desire it; in order to prevent what the testatrix was unwilling to take place from being done. This rule was established by the Divine Severus. 2Where anyone has been forbidden to be a guardian by the parents of the minor, he cannot be appointed by the magistrates, and if he should be appointed, he can be prevented from acting as guardian without prejudice to his reputation. 3Magistrates cannot appoint as guardians or curators persons who are on an embassy; because during the time that they are so employed, the responsibility of guardianship does not attach to them. 4If a chief magistrate at Rome appoints as guardian a man of a province who is employed in the business of an embassy, he shall be discharged. 5It is necessary for a magistrate, among other things, to inquire into the morals of the parties to be appointed guardians, for neither their means nor their rank are sufficient to establish their integrity, or take the place of benevolent intentions and affable manners. 6The magistrate should be especially careful not to appoint those who thrust themselves forward for that purpose, or who offer bribes; for it has been established that such persons are liable to punishment.

22The Same, Excuses, Book V. Those who are not of Consular or Senatorial dignity can be appointed guardians for persons of that rank; just as persons of Consular or Senatorial dignity can be appointed for those who are not of that rank.

23The Same, Pandects, Book IV. Several guardians may be appointed at the same time.

24Paulus, Opinions, Book IX. The Divine Marcus and Verus to Cornelius Proculus: “Whenever suitable persons to be appointed guardians cannot be found in the city of which the minors are natives, it shall be the duty of the magistrates to make inquiry in the neighboring towns for persons of excellent reputation, and send their names to the Governor of the province, but they cannot themselves claim the right to appoint them.”

25The Same, Opinions, Book XII. Where a curator is appointed for a minor for any reason whatsoever, he will continue to exercise his curatorship until the minor arrives at the age of puberty. After that time, the minor should request that another curator be appointed for him.

26Scævola, Opinions, Book II. By a decree of the Prætor, a guardian was appointed for Seia, who had passed the age of twelve years, after an investigation had been made, just as in the case of a minor. I ask whether he should be excused? I answered that, according to the facts stated, an excuse was not necessary, and that he could not be held liable for not assuming the guardianship.

27Hermogenianus, Epitomes of Law, Book II. The Prætor can appoint a guardian for the transaction of business at Rome, where the minor has property in the province, as well as at Rome; and the Governor of the province can appoint one for the administration of his affairs in the province. 1Freedmen should be appointed guardians for other freedmen, but even if a freeborn man should be appointed, he will continue to be guardian, unless he can give a good reason for being excused.

28Paulus, Decrees, Book II. Romanius Appulus took an appeal from a judge, alleging that his colleague should not have been appointed with him in the guardianship, for the reason that the latter had been appointed by him while he was acting magistrate, on his own responsibility, to avoid his being subjected to a double liability, growing out of a single guardianship. The Emperor decreed that the same party could be surety for a guardian, and, nevertheless, be appointed a guardian. Therefore, he was retained in the guardianship.

29The Same, Concerning Judicial Inquiries. If persons who are appointed guardians or curators are at a distance; the Divine Marcus stated in a Rescript that they should be notified by the magistrates of their appointment, within thirty days.