Disputatio de tutelis

I.
The civil law, with the highest prudence, decreed that minors be under guardianship, since nothing is so natural as that one who is not of perfect age should be governed by the patronage and counsel of another.

II.
Guardianship is, according to Servius, the power and authority, permitted and granted by civil law over a free person, to protect him who by reason of his age cannot defend himself.

III.
Hence, I think two species of guardianship can be established, namely, Assigned and Permitted.

IIII.
I call Assigned guardianship that which was introduced first by the very laws themselves.

V.
I subdivide this into Legal and Dative. The former is conferred by operation of law according to the Twelve Tables, while the latter, formerly granted under the Atilian, Julian, and Titian laws, is today conferred by the magistrate according to the constitutions.

VI.
I call Permitted guardianship that which was not introduced first by the laws, but was approved and conceded on account of its utility after it was utilized by a certain necessity of the law of nations.

VII.
Of this kind is Testamentary guardianship, which is given by a will or codicils confirmed by a will, not only by a father or grandfather who have children in their power, but also by a mother or