Modestinus, Excuses, Book VI. Where guardians or curators have been appointed, they are forbidden to rent any property belonging to the Emperor before they have rendered their accounts. And if anyone, concealing the fact, should appear for the purpose of renting lands belonging to the Emperor, he shall be punished as a forger. This decision the Emperor Severus also sanctioned. 1As a result of this, persons who are administering a guardianship or a curatorship are forbidden to rent anything from the Treasury.

Modestinus, Excuses, Book VI. In order that we may not leave anything having reference to the confirmation of guardians undiscussed, we will make a few observations on this subject. 1Certain guardians are properly appointed by will, that is to say, where this is done by those who have a right to do so and for those who must accept them, and in the manner and at the place where this should be done. A father can lawfully appoint a guardian for his children or his grandchildren who are under his control, but he must do this by will. Where, however, a person makes the appointment who cannot do so, as for instance, a mother, a patron, or a stranger, or where a guardian is appointed for anyone illegally; for example, when a father appoints a guardian for his son or daughter who is not under his control, or if he should say: “I request you to take charge of the affairs of my son”, or if he should appoint a guardian or curator by a codicil which is not confirmed by a will; in these instances, the Imperial Constitutions permit anything that may be lacking to be supplied by the consular authorities, and the guardians to be confirmed in accordance with the intention of the testator. 2And if, indeed, the father should appoint a guardian without making any complete and thorough investigation as to his character and qualifications, he shall be confirmed without ceremony. Where, however, anyone else appoints one, inquiry shall be made whether he is fit for the place. 3It is also necessary to know that, while a curator cannot legally be appointed by will, still, if he is appointed, it is customary for him to be confirmed.

The Same, Excuses, Book VI. An eunuch can also be appointed a guardian, and he cannot allege his infirmity as an excuse, as is set forth in a Constitution of the Emperors Severus and Antoninus. 1He who has promised to act as guardian of the children of anyone cannot be excused from guardianship, even though he would otherwise have a lawful reason for his discharge. 2It must be remembered that occupancy of an office is not a reasonable excuse for anyone. Wherefore, if a party is a Senator, he can be a guardian of persons of inferior rank, as well as of the children of a Senator, as the Divine Marcus and Commodus stated in a Rescript. 3Where, however, anyone is the guardian or curator of a ward who is not of Senatorial or other distinguished rank, and he afterwards becomes a Senator, he shall be instantly discharged. His discharge, however, will not take place where the children whose guardianship or curatorship he is administering are of Senatorial rank. 4In like manner, anyone who is of inferior rank shall not be excused from the guardianship or curatorship of wards occupying a higher position than himself. 5The Constitutions of the Emperors state that neither weighers nor accountants (whom we usually designate as arithmeticians), are entitled to exemption. 6Moreover, Jews can be guardians of wards who are not Hebrews, just as they can administer property belonging to other trusts; for the constitutions prescribe that they shall remain unmolested, except under circumstances where the public worship may be contaminated. 7An account due to a municipality is not classed as a single guardianship in an application for exemption. 8The freedmen of the wives of Senators are not released from the duties of guardianship, even though they may transact the business of their patronesses; for this privilege is only conceded to the freedmen of males of Senatorial rank. 9If the Governor of a city, that is a magistrate, incurs the responsibility of guardianship through an appointment, he cannot include this with other guardianships for the purpose of being released; just as the sureties of a guardian, or those who are appointed honorary guardians by will, are not allowed to do so. 10He who collects taxes for the State shall not be excused from curatorship. 11It has been asked if a person who is able to advance several reasons why he should be discharged, any one of which is not sufficient of itself, can be excused. For instance, where a man has not reached the age of seventy years, and is not administering three guardianships, and has not five children, or cannot allege any other lawful reason to be discharged, but is administering two guardianships, has two children, and is sixty years old; or where he gives several other reasons which, of themselves, do not afford absolute cause for relief, but which altogether would appear to be sufficient to enable him to be excused, it has been held that he cannot be discharged. 12Where a person receives, or is entitled to exemption from civil or public employment, he will not, for this reason, be excused from guardianship or curatorship. 13Where anyone has been discharged from guardianship or curatorship, he can, under no circumstances, make use of the causes set forth in the documents to obtain a discharge from another guardianship or curatorship, if he does not advance other reasons for said discharge. 14Anyone who states that he was not known to the father or mother of the ward shall not be excused on that account. 15Moreover, where anyone has the administration of three guardianships or curatorships, he has no right to be excused from the administration of a fourth; for instance, if he has manifested a desire to accept it. A guardian, however, is only held to have manifested such a desire, who manages a moderate estate. 16Ulpianus states in his work on Exceptions, that where a party is administering as one of three guardianships, that of his emancipated son: “I know that a doubt has arisen as to whether this can be asserted in his favor where he applies to be excused from a fourth.” I find, however, that a Rescript exists where the guardianship of an emancipated daughter is allowed to be included among other guardianships for this purpose. 17Where anyone under paternal control is appointed a guardian, and his father refuses to become his surety, the laws direct that the father himself shall be made guardian, and that the security of the guardianship shall in no way be interfered with, as is stated in a Constitution of the Divine Hadrian, which is as follows: “The Emperor Hadrian to Bitrasius Pollio, Deputy at Lyons. If Claudius Macer, although he is a son under paternal control, appears to be a suitable person to be a guardian, and his father is unwilling to provide security for him, in order that he may deprive his son of the guardianship, and he continues to display this perfidious spirit, I think that you can properly counteract this fraud by compelling both his son and himself to administer the guardianship of the children of Clement.”