Disputatio de tutelis

IX.
For all guardianship is from the law, but sometimes by means of the last will of a man, and it is called testamentary; sometimes immediately, and it is called legitimate; sometimes by means of a magistrate, and it is called dative.

X.
Testamentary, preceding the others, is ordered in a will or codicils by a father who has his children in his power.

XI.
Legitimate, succeeding immediately upon the failure of the testamentary, is committed by law to the nearest relatives.

XII.
The last is dative or honorary, which, the former failing, the ordinary magistrate constitutes.

XIII.
The magistrate is moved to this sometimes by petition or by nomination.

XIV.
A guardian is sought by the one whose interest it is that the guardianship be constituted, and by any relative.

XV.
But the mother is primarily bound to seek it, otherwise she renders herself unworthy of the inheritance of the deceased ward.

XVI.
And this before the ordinary magistrate, to whose jurisdiction the ward is subject.

XVII.
The magistrate is moved by nomination when the mother, the father