Disputatio de tutelis

or a stranger nominates a guardian in a will, whom the magistrate afterwards confirms, when they themselves could not give a guardian.

XIIX.

By this reason, therefore, guardianship is introduced, which always looks to this: that the age of the impuber, deprived of paternal counsel and protection, may be ruled, defended, and by no means harmed.

XIX.

This occurs when the guardian performs his duty rightly, or the ward is rendered secure regarding that which is done poorly.

XX.

The duty of the guardian consists partly in administration and partly in providing authority.

XXI.

Administration is decreed by a magistrate or judge.

XXII.

In decreeing it, an oath is required from the guardian, an express promise of defense, and security that the property will remain safe for the ward.

XXIII.

The guardian begins the same from the creation of an inventory: otherwise, he is presumed to be in bad faith, and is held liable for the interest.

XXIV.

Moreover, it turns around the very person of the ward and his goods.

XXV.

The care of education, of providing