# The Institutes of Gaius 1.1.210-215

Roman Law and Society, The Institutes of Gaius, 1.1.210 to 1.1.215. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/the-institutes-of-gaius/1.1.210

(167) The guardianship of Latins of both sexes who are under the age of puberty does not invariably belong to those who manumit them, but to those to whom they belonged by quiritarian right before their manumission. Therefore, if a female slave who belonged to you by quiritarian right, but who was mine by bonitarian right, should be manumitted by me alone without your taking part in the ceremony, she would become a Latin, and her property will belong to me; but you will have the right to her guardianship, as provision for this is made by the Lex Junia . Hence, if the said slave should be made a Latin by one who had both the bonitarian and quiritarian rights, her property as well as her guardianship will belong to him. (168) Agnates, patrons, and those who manumit free persons are permitted to transfer the guardianship of a female ward to another in court; it is not, however, permitted to transfer the guardianship of male wards, for the reason that this is not considered onerous, as it terminates at the age of puberty. (169) He to whom a guardian is thus transferred is designated a cessionary guardian. (170) If he dies, or loses his civil rights, the guardianship reverts to the party who transferred it;, and if the latter should be either dead or have forfeited his civil rights, the guardianship will leave the cessionary guardian and pass to the one next in degree to the party who transferred it. (171) So far as agnates are concerned, however, cessionary guardianship does not at present exist, as guardianship of female wards by agnates was abolished by the Lex Claudia . [1] (172) Certain authorities hold that fiduciary guardians also have no right to transfer their guardianship, as they themselves have voluntarily assumed the burdens of the same; but, although this has been decided, still in the case of a parent who have given either a daughter, granddaughter, or a great-granddaughter in mancipation to another under the condition that she shall be again mancipated to him, and, this having been done, he manumits her, the same rule should not apply; as he is considered a legal guardian, and the same privilege should be granted to him as to a patron.

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Roman Law and Society, The Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.