Latin
Lines 1.219-1.227
Roman Law and Society, The Institutes of Justinian 1.219-227
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2. If, again, a tutor was taken prisoner by the enemy, application could be made, under the same laws, for another tutor, whose office ceased when the first tutor returned from captivity; for on his return he resumed the tutelage by the ius postliminii.
3. But tutors have ceased to be appointed under these laws, since they have been appointed to pupils of either sex, first by the consuls, after inquiry into the case, and afterwards by the praetors under imperial constitutiones. For the above-mentioned laws required no security from the tutors for the safety of the pupil's property, nor did they contain any provisions to compel them to accept the office.
4. Under our present system tutors are appointed at Rome by the prefect of the city, or the praetor, according to his jurisdiction, and, in the provinces, by the praesides after inquiry; or by an inferior magistrate, at the command of the praeses, if the property of the pupil is only small.
5. But by one of our constitutiones, to do away with these distinctions of different persons, and to avoid the necessity of waiting for the order of the praeses, we have enacted, that if the property of the pupil or adult does not exceed five hundred solidi, tutors or curators shall be appointed by the defensores of the city, acting in conjunction with the holy bishop, or by other public persons, that is, by the magistrates, or, in the city of Alexandria, by the judge; and legal security must be given according to the terms of the same constitutio, that is to say, at the risk of those who receive it.
6. It is agreeable to the law of nature that the persons under the age of puberty should be under tutelage, so that persons of tender years may be under the government of another.