of their own acts, but practically they had not the requisite knowledge and discretion. No one could deal safely with them, because of the risk of the contract or other business being rescinded, if the praetor found that it was equitable to do so. To meet this difficulty a curator was often appointed to guide young persons in the conclusion of particular business, and eventually was appointed to act regularly in matters of business until the ward became 25 years old. It was the analogy of madmen, etc. (mentioned below), which probably suggested this course. From the third century allowance of age (venia aetatis) could be obtained from the Emperor by youths of 20 years, women of 18, on evidence of fitness. Justinian however (529) restrained them from all sale or mortgage of land, unless specially authorised.
A guardian was appointed by the father's will. In default of such appointment, the mother or grandmother had the first claim by Justinian's latest legislation, and then the nearest male in order of succession to the inheritance. If such were disqualified, the praetor at Rome, the governors in the provinces, and if the estate was small, the town-defenders, made the appointment of both guardians and curators. Guardianship was regarded as a public office, and no one was excused from undertaking it, except for approved cause. Guardians and curators were liable for any loss caused by their act or neglect. They could not marry their wards, unless approved by the ward's father or by his will.
Mothers had been allowed (since 390) to act in these capacities for their own children, but by Justinian's final legislation, had to renounce the right of re-marriage and the benefit of the Velleian Senate's decree (see below). If they broke their promise, they incurred infamy and became incapable of inheriting from any but near relatives, besides losing part of their property.
Severus (195) prohibited all sale of a ward's land in the country or suburbs unless authorised by the father's will or by the praetor. A subsequent edict directed everything else to be sold and reduced into money. Later Emperors (326 and after) reversed this direction, and partly on the ground of probable attachment of the ward to the family house, and the utility of old family slaves, and partly from the difficulty of finding good investments, ordered all the property to be preserved, unless land had to be purchased or loans made in order to supply the ward's needs.
Madmen and spendthrifts, pronounced such by the praetor, were by the XII Tables under the care of their agnates (relatives through males) but in practice under a curator appointed by the praetor or provincial governor. So also a curator was appointed, without limit of age in the ward, for the demented, or deaf and dumb, or for persons incapacitated for business by chronic disease. The practice of making contracts by oral stipulation brought deaf and dumb into this category.
