1.1.194 to 1.1.198

(154) Guardians who are especially appointed by will are called "dative"; and those ta whom the selection of a guardian is left are called "optative." (155) By the Law of the Twelve Tables the nearest agnates become the guardians of children for whom no guardian was appointed by will, and they are styled legal guardians. (156) Agnates are blood relatives through the male sex, for instance, through the father; as a brother having the same father, the son of a brother, or a grandson by him, and also a paternal uncle and his son and grandson. Those who are related through the female sex are not agnates, but cognates, according to natural law. Therefore, agnation does not exist between a maternal uncle and a son or a sister, but cognation does. In like manner, the son of my maternal aunt, or the sister of my mother, is not my agnate, but my cognate; and, on the other hand, I am related to him by the same rule, because children follow the family of their father, and not that of their mother. (157) Formerly, however, according to the Law of the Twelve Tables, females had agnates as legal guardians, but afterwards the Lex Claudia ,which abolished the guardianship of agnates, so far as females were concerned, was enacted, and therefore a male child under the age of puberty has his brother, who is above the age of puberty, or his paternal uncle, as his guardian; but a female child cannot have a guardian of this kind. (158) The right of agnation is extinguished by the loss of civil rights, but the right of cognation is not affected by it, for the reason that a civil law can abrogate civil rights, but cannot extinguish natural rights.