1.1.182 to 1.1.186

(142) Let us now pass to another division. For persons who are neither subject to paternal authority, nor are in the hand, nor are held in mancipation by another, may still be under guardianship or curatorship, or may be free from either of these restrictions. Let us first consider those who may be under guardianship and curatorship; for then we shall understand who the other persons are who are subject to neither of these restraints. (143) And, first, let us examine those who are under guardianship. (144) Parents are permitted to appoint testamentary guardians for their children who are subject to their authority, who are under the age of puberty, and of the male sex; and for those of the female sex, no matter what their age may be, and even if they are married; for the ancients required women, even if they were of full age, to remain under guardianship on account of the levity of their disposition. (145) Therefore, if anyone appoints a guardian for his son and daughter by will, and both should arrive at the age of puberty, the son will cease to have a guardian, but the daughter will nevertheless remain subject to guardianship; for it is only under the Lex Julia et Papia that women are released from guardianship by the birth of children. Those whom we speak of do not include Vestal Virgins, whom the ancients desired to be free on account of the honor of the priesthood; hence this was provided by the Law of the Twelve Tables. (146) We can, however, only appoint testamentary guardians for grandsons and granddaughters, if after our death they do not again pass under the control of their father. Therefore, if my son was under my control at the time of my death, my grandsons by him cannot have a guardian appointed by my will, although they were under my control at the time; for the reason that by my death they were placed under the control of their father.