1.1.205 to 1.1.209

(164) When agnates have a right to guardianship, all of them are not entitled to that right at once, but only those in the nearest degree. (165) By the same law of the Twelve Tables, the guardianship of freedwomen and freedmen under the age of puberty belongs to their patrons and the children of the latter. This kind of guardianship is also styled legal, not because special provision is made for it by this law, but for the reason that this has been accepted by interpretation just as if it had been expressly stated in the words of the statute; for as the law directed that the estates of freedmen and freedwomen who died intestate should belong to their patrons and the children of the latter, the ancient authorities held that the law intended that they should be entitled to their guardianship because it ordered that agnates whom it called to the succession should also be guardians. CONCERNING FIDUCIARY GUARDIANSHIP. (166) As in the case of patrons, another kind of guardianship which is also designated legal, has been established. For, if anyone should give in mancipation to another, under the condition that he would remancipate him to himself, either a son or a grandson by that son, who is under the age of puberty, or a daughter or a granddaughter by a son, and their descendants, whether they have arrived at the age of puberty or not; and he should manumit them after they have been remancipated, he will become their legal guardian. (166a) There are other kinds of guardianship which are styled fiduciary, that is to say, such as we are entitled to for the reason that a free person has been mancipated by us, or by a relative, or by a party to coemption and afterwards has been manumitted.